HomeMy WebLinkAboutOrd 1009-2022 Zoning 28.0 Acres W. White and Slater Creek Rd.CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located at the southwest corner of W.
White Street and Slater Creek Road)
ORDINANCE NO, I4,V 9- -Zo 2 Z
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 amendment from Arden Park Owner TX
LLC, a Delaware limited liability company on Property described in Exhibit 1 and Exhibit 2
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located at the southwest corner of W. White Street and Slater
Creek Road was zoned by Ordinance No. 961-2022; 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 Anna City Code of Ordinances (the "Anna
zoning of the Property described in Exhibit 1
attached Exhibit 2.
1. Purpose.
Code") are hereby amended by amending the
and as depicted in the Concept Plan on the
1
The purpose of the Planned Development District is to facilitate the development of high -
quality Single -Family Attached and Detached products located within the SF-TH Townhome
District and SF-Z Single Family Residence District — Zero Lot Home district areas and to
establish phasing requirements associated with non-residential development within the C-1
zoning district.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
3. Development Standards.
A. Development must comply with the development standards as adopted by
Ordinance No. 961-2022 with the addition of the following;
iv. SF-TH Side Yard Setback, Corner Lot, Street Side (feet): 10
B. Plats and/or site plans submitted for the development shall conform to the data
presented and approved on the Conceptual Development plan. Non -substantial
changes of detail on the final development plan(s) that differ from the Conceptual
Development plan may be authorized by the City Council with the approval of the
final development plan(s) and without public hearing.
C. The Conceptual Development Plan will expire after two (2) years of approval.
Section 3. Zoning Change
The Anna City Code of Ordinances are hereby amended by establishing the zoning of the Property
described in Exhibit A and Exhibit B to Planned Development — SF-TH Townhome District (PD-
SF-TH), SF-Z Single -Family Residence District — Zero Lot Line Homes (SF-Z), and C-1 Restricted
Commercial (C-1) zoning.
Section 4. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 5. 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,
2
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 6. 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 7. 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 27th day of September, 2022.
ATTESTED:
Carrie L. Land, City Secretary
APPROVED:
filler, Mayor Pro Tem
3
Exhibit 1
Legal Description
27.967 Acres
BEING all that certain lot, tract, or parcel of land, situated in the Joseph Schluter Survey, Abstract Number 856, City of
Anna, Collin County, Texas, and being all that certain tract of land, described by deed to Colby Harlow, Trustee of the
Sheryl Harlow Family Trust, recorded in Document Number 20110721000760500, Deed Records, Collin County, Texas,
and being more particularly described as follows:
BEGINNING at a 1/2" capped rebar found, stamped "RPLS 5633, at the northwest corner of said Harlow tract, same
being the southwest corner of a certain tract of land, described by deed as Parcel 25 to the State of Texas, recorded in
Document Number 20120608000684090, Deed Records, Collin County, Texas, being the northeast corner of that certain
tract of land, described by deed to Aziz Hassan, recorded in Document Number 20190322000298780, Deed Records,
Collin County, Texas, and being in the south line of West White Street (FM 455, called 90-foot right-of-way);
THENCE S 89027129" E, with the north line of said Harlow tract, and the south line of West White Street, a distance of
765.88 feet to a 1/2" capped rebar set, stamped "MCADAMS" at the northeast corner of said Harlow tract, same being
the southeast corner of said Parcel 25, and being in the west line of Slater Creek Road (Private Road), called 1.496 Acres
to the Slater Creek Association, recorded in Volume 1158, Page 316, Deed Records, Collin County, Texas, and being in
the south line of West White Street;
THENCE S 01°25'S3" W, with the east line of said Harlow tract, and the west line of said Slater Creek Road, a distance of
1593.99 feet to a 1/2" rebar found, at the southeast corner of said Harlow tract, same being the southwest corner of
said Slater Creek Road, and being in the north line of a certain tract of land, described by deed to William and Andrea
Henry, recorded in Document Number 20100528000541220, Deed Records, Collin County, Texas, from which a 5/8"
rebar found, bears S 87°17'25" E, 39.26 feet;
THENCE with the south line of said Harlow tract, and the north line of said Henry tract, the following 6 (six) calls:
N 87018'25" W, a distance of 55.67 to a 1/2" capped rebar set, stamped "MCADAMS";
S 87°4659" W, a distance of 78.50 feet to a 1/2" capped rebar found;
S 88°13'01" E, a distance of 145.10 feet to a 1/2" capped rebar set, stamped "MCADAMS";
S 88053'01" E, a distance of 227.80 feet to a 1/2" capped rebar set, stamped "MCADAMS";
S 89°21'01" E, a distance of 209.30 feet to a 1/2" capped rebar set, stamped "MCADAMS";
N 89°35'01" W, a distance of 48.70 feet to a 1/2" rebar found at the southwest corner of said Harlow tract, same
being the southeast corner of a certain tract of land, described by deed to the City of Anna, recorded in
Document Number 20060714000982730, Deed Records, Collin County, Texas, and being in the north line of said
Henry tract;
THENCE N 01023'53" E, with the west line of said Harlow tract, and the east line of said City of Anna tract, passing at a
distance of 1283.62 feet a 1/2" capped rebar found, stamped "BRENNAN 5360" at the northeast corner thereof, same
being the southeast corner of said Hassan tract, continuing a total distance of 1589,95 feet to the POINT OF BEGINNING
and containing approximately 27.967 acres of land.
JAMES A. STOWELL
%.•fl_ 6513 _. i _ 1
Aeb�aSny.-
Abg° e
_ai°}
I �a
qY bi O
I
Imo
AY 6 0
Age AAY o
IAai° by AqY AaY am
I F
I NOOI
bi by qi ni AY qi q
OR Aoe aOP aon FL8 aaa ale phg a x pl5
a re
dgbgi
ie
nY
ale
AAgi
87e
ni
bi
gie
bi
eta
by
IRA
x zl 3
q
NEmoay �Ri
P� EO�
H HOOl9
I
I 7i•
Y^�S ea
ru
'J NO2 3MOf
1I
..... Pill
RbRi
a!a
jj
nY
�Sa
qY
Rig
yAY
Ai
^�e
qi
epi
U
O
yy
n je
AY
3e
bi ➢
wee �
5A5Y
a
i
Z >
n o gg N�
9 � �
Zo
LL
m Z
�
N U
O Q a 0 0
i
Z >
n o gg N�
9 � �
Zo
LL
m Z
�
N U
O Q a 0 0
.s
r—�
L
L_J
_ J
!
Mml
I �
bl
i
LWL JPu
9
5
S
c
9
"
A
M
oaaoanSaaaasra
ddoddsdad
mm
e
w
w
w
w
w
w w
w
w
---a
-
3
m
ffi
m
aa
s
s m
m
ma
ffi
a
m
d oddoddodaadadae dd
3�xx��s�rsaaxS�o?a�#'R
ri d d K r i i
m e m o m o o m m o a
I 151=1.1=ixlslslslslelRl�IxIRIxIRIxIFIRl�lel
aaaaa�
c�
o 0 o u u u u u u u u u u u u
xem$aa'_x�x"x&xua�xx�'_xx
5- �a�aaxaa�aaR
e o d d d d
d a and a mod o d o 6 y e a e e o d m
P'
m u u u u
Sg d Se ooda eg S s o e e e e d a
S S S S S R R S d 0 S 0 S R 3 8 a
K N N N ei N K K N N eI K N N N K n N N
-------------
FE b M S M X S S S d N a a S S E 9
-I
r
J -!
i
rwi-mmy�gaY4 :%w.ui�'�M1++++1a�NM1wNi L
EXHIBIT A
August 12, 2022
Ross Altobelli
Director of Development Services
City of Anna, Texas 75409
Mr. Altobelli:
This letter is to address our request for a PD Amendment requesting an exception to the City's requirement that lots
adjacent to a City street or alley shall have a 15' and 10', respectively, side yard setback. The basis for which we are
asking for this change is due to the following reasons:
➢ The approved concept plan and preliminary plat depicted a 10' side yard setback for all lots adjacent to a City
street or alley.
Because of this reason, we believe that the proposed development should be granted the PD Amendment. We
appreciate your help in reviewing our request and preparing it for review by the Planning and Zoning Commission.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Josh Barton, P.E.
Senior Project Manager
MCADAMS
creating experiences through experience 111 Hillside Drive, Lewisville, TX 75057 / 972.436.9712