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Home My WebLink AboutOrd 639-2013 Amend existing PD - West CrossingCITY O F ANNA, TEXAS (Property rezoned under this ordinance is generally located east of Kelvington Drive and north of Hackberry Drive) ORDINANCE NO. 639-2013 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located east of Kelvington Drive and north of Hackberry Drive; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III -C of The Anna City Code of Ordinances are hereby amended by amending the existing Planned Development (PD) Ordinance Number 133-2004 on the land identified in Exhibit A that are within the original (PD) as follows: 1.) 29 lots will have a minimum lot size of 6,000 square feet and a minimum, 20 foot front yard, 20 foot rear yard, 50 foot minimum lot width and a 110 foot minimum lot depth. Ord. 639-2013 Amend existing PD — West Crossing Kelvington and Hackberry 09-24-13 2.) 23 lots will have a minimum lot size of 6,000 square feet and a minimum, 20 foot front yard, 20 foot rear yard, 55 foot minimum lot width and a 110 foot minimum lot depth. 3.) 5 lots will have a minimum lot size of 7,200 square feet and a minimum, 20 foot front yard, 20 foot rear yard, 60 foot minimum lot width and a 110 foot minimum lot depth. 4.) 13 lots will have a minimum lot size of 7,200 square feet and a minimum, 20 foot front yard, 20 foot rear yard, 65 foot minimum lot width and a 110 foot minimum lot depth. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 24th day of Member, 2013. Ord. 639-2013 Amend existing PD — West Crossing Kelvington and Hackberry 09-24-13 ATTESTED: -��) r , dut-I I� a Wilkison, City Secretary Ord. 639-2013 Amend existing PD — West Crossing Kelvington and Hackberry 09-24-13 -4 OWNER'S CERTIFICATE WHEREAS, BLOOMFIELD HOMES, L.P., is the owner of a 14.14 acre tract of land situated In the Henry Brantley Survey, Abstract No. 71, and the John C. Farris Survey, Abstract Number 331, Collin County, Texas, and being a portion of that tract of band conveyed to Nicholas Ross Properties, LLC, in the General Warranty Deed recorded in County Clerk File Number 20100930001049670 of the Official Public Records of Collin County, Texas (OPRCCT), said 14.14 acre tract being more particularly described as follows, BEGINNING at an 5/8 inch iron rod with a yellow cap stamped "Westwood PS" found at the corner of West Crossing Phase 3, an addition to the City Of Anna Texas, according to the Final Plat recorded in Volume 2013, Page 312, Plat Records, Collin County, Texas; THENCE, South 89"06'59" East a distance of 551.70 feet to a 5/8 inch iron rod with yellow cap stamped "WESTWOOD PS" set for corner; THENCE, South 00° 53'01" West, a distance of 110.00 feet to a 5/8 inch iron rod with yellow cap stamped "WESTWOOD PS" set for corner; THENCE, around a non -tangent curve to the right having a central angle of 127° 37' 17", a radius of 50.00 feet, and a chord of South 26` 03' 25" East, a distance of 89.73 feet, an arc length of 111.37 feet to a 5/8 inch iron rod with a yellow cap stamped " WESTWOOD PS" set for corner, THENCE, South 000 53'01" West, a distance of 682.85 feet to a 5/8 inch iron rod set with a yellow cap stamped "WESTWOOD PS" set for corner said point being the north east corner of Bambough Drive, a 50 foot right of way as defined according to the final plat of West Crossing Phase 1, an addition to the City of Anna according to the file plat recorded in Volume 2006, Page 22, Plat Records, Collin County, Texas; THENCE, North 89" 06'59" West, a distance of 50.00 feet to a 5/8 inch iron rod set with a yellow cap stamped "WESTWOOD PS" set for corner, said point also being the north west corner of said Bambourgh Drive, a 50 foot right of way; THENCE, along the westerly line of said Bambourgh Drive the following: South 00° 53'01" West, a distance of 61.06 feet, to a 5/8 inch iron rod set with a yellow cap stamped "WESTWOOD PS" set for corner; Around a tangent curve to the left having a central angle of 44* 08'53", a radius of 282.39 feet, and a chord of South 21" 11'25" East, a distance of 212.25 feet, an arc length of 217.59 feet to a 5/8 inch iron rod set with a yellow cap stamped "WESTWOOD PS" set for corner said point being the westerly corner of the intersection of said Bambourgh Drive and Hackberry Drive, an 80 foot right of way; THENCE, along the northerly line of said Hackberry Drive the following: South 43" 02' 24" West, a distance of 43.96 feet Around a tangent curve to the right having a central angle of 47° 50'38", a radius of 600.00 feet, and a chord of South 66° 57'43" West, a distance of 486.59 feet, an arc length of 501.02 feet to a 5/8 inch iron rod with a yellow cap stamped "'WESTWOOD PS" set for corner, North 89" 06'59" West, a distance of 15.47 feet to the southeast corner of said West Crossing Phase 3 addition, a 5/8 inch iron rod with a yellow cap stamped "WESTWOOD PS" found at corner; THENCE, along the easterly line of said West Crossing Phase 3 addition the following: N 00" S3' 01" East, a distance of 1130.50 feet to a 5/8 inch iron rod with a yellow cap stamped "WESTWOOD PS" found for corner, said point also being the northeast corner of Lot 20, Block 0 of said West Crossing Phase 3 addition; North 89° 06'59" West, a distance of 120.00 feet to a 5/8 inch iron rod with a yellow cap stamped "WESTWOOD PS" found for corner, said point being the southwest corner of Lot 20, Block 0, of said West Crossing Phase 3 addition, said point further being on the east line of Kelvington Drive a 50 foot right of way; North 000 53'01" East, a distance of 110.00 feet to a 5/8 inch iron rod with a yellow cap stamped "WESTWOOD PS" found for corner, said point also being on the northerly line of Chatsworth Drive a 50 foot right of way; North 89" 06'59" West, along the northerly line of said Chatsworth Drive a 50 foot right of way, a distance of 12.36 feet to a 5/8 inch iron rod stamped "WESTWOOD PS" found for corner; South 000 53' 01" West, a distance of 120.00 feet to the PLACE OF BEGINNING and containing 616,142 Square Feet or 14.14 Acres of land more or less. 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