HomeMy WebLinkAboutOrd 1015-2022 Zoning 78.0 Acres The Parks at Hurricane CreekCITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the north side of Farm -to -
Market Road 455, 3,830± feet west of Standridge Boulevard)
ORDINANCE NO. iy 15 20 P, a�
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 LandVest Development,
LLC on Property depicted in Exhibit 1 ("Property") attached hereto and incorporated herein for all
purposes as if set forth in full; and
WHEREAS, said Property generally located on the north side of Farm -to -Market Road 455,
3,830± feet west of Standridge Boulevard; 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 Code") are hereby amended by amending the
zoning of the Property depicted in the Concept Plan on the attached Exhibit 2.
1. Purpose.
The purpose of this Planned Development District is to facilitate the development of a
Townhome District subdivision.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
3. Development Standards.
A. The location of the planned development zoning district shall be in substantial
conformance with the Concept Plan.
B. Standards and Area Regulations: Development must comply with the development
standards for use, density, lot area, lot width, lot depth, yard depths and widths,
building height, building elevations, coverage, floor area ratio, parking, access,
screening, landscaping, accessory buildings, signs, and lighting, set forth in SF-TH
and C-1 zoning districts and the Planning and Development Regulations except as
otherwise specified herein.
i. C-1 Restricted Commercial:
1. Landscape buffer adjacent to common area lot: 5 feet
2. Screening wall: A screening wall is not required between the
commercial lot and the common area lot.
ii. SF-TH Townhome District:
1. Lot area: 1,400 square feet per unit
2. Lot width: 20 feet for interior units; 25 feet for end units
3. Lot depth: 70 feet
4. Lot coverage: 75%
5. Front yard setbacks:
a. Garages: 20 feet
b. All other portions of the building:15 feet
6. Rear yard setbacks: 0 feet
7. Side yard: 0 feet when abutting common area lot; 10 feet if abutting a
right-of-way (R.O.W.)
2
8. Maximum height: 3 stories; 40 feet
9. Parking:
a. Two (2) enclosed spaces behind the front yard line.
b. Visitor parking: 0.25 per dwelling unit.
10. Building separation/Common Area Mews: common areas shall be
required between all buildings as shown on the concept plan with a
minimum space between buildings of 20 feet.
iii. Sidewalks and Walking Trail
1. Sidewalks shall be at least six (6) feet when adjacent to eighteen
(18) foot parking spaces.
2. Walking Trail:
a. A minimum eight (8) ft. wide concrete trail shall be constructed
per the general location shown on the approved concept plan.
Along the entire length of the trail, one bench per every one
thousand (1,000) ft and trash can per one thousand (1,000) ft.
shall be provided. Trash to be maintained by the homeowners
association.
b. The trail system shall be accessible and open to the general
public. The remaining open space/common area lots and
amenities located within such areas may be reserved for
private use, at the property owner's discretion.
iv. Right-of-way sections
1. Parking:
a. Off-street parking shown on the approved concept plan that is
located at the corner of each block shall be dedicated as a
part of the right-of-way.
b. On -street parking shall be prohibited along any R.O.W. less
than 50 feet.
2. As shown on the approved Concept Plan the 41' R.O.W. cross
section shall include.
a. Right-of-way minimum width: 41 feet
b. Paving Section: 25 feet back-to-back
91
C. 5-foot wide sidewalks
V. Along all common area parcels/lots, developers shall be required to plant
one large tree (minimum of three-inch caliper and seven feet high at the
time of planting) per 40 linear feet, or portion thereof, of street frontage.
Trees may be grouped or clustered to facilitate site design.
C. Plats and/or site plans submitted for the development of the PD shall conform to
the data presented and approved on the Concept Plan. Non -substantial changes
of detail on the final development plan(s) that differ from the Concept Plan may be
authorized by the City Council with the approval of the final development plan(s)
and without a public hearing.
D. The Concept Plan will expire after two (2) years of approval.
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. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that
this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter
3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply
with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that
does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of
this ordinance.
Section 5. Penalty
4
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 8th day of November 2022.
ATTESTED:
OFAf,,
Carrie L. Land, City Sdcretary = No Pike, Mayor
T P
iI%W"O`
EXHIBIT I METES AND BOUNDS DESCRIPTION
TRACT 1
BEING a 77.87 Acre Tract of land out of the John M. Kincade Survey, Abstract 510, and the John
M. Kincade Survey, Abstract 509, and being further described by metes and bounds as
follows:
BEGINNING at a 1/2 Inch Iron Rod Found for the Southeast Corner in the North Right -of -Way
line of West Farm to Market Road 455, as described in Volume 372, Page 243, Deed
Records of Colin County, Texas, same being the Southwest Corner of a 29.77 Acre Tract
of land described in County Clerk File No. 20180925001201240, Deed Records of Collin
County, Texas;
THENCE South 77°36'45" West - 1028.45 feet along the North Right -of -Way line of said West
Farm to Marked Road 455 to a Point in the East line of a 63.99 Acre Tract of land
described in County Clerk File No. 20140313000236380, Deed Records of Collin County,
Texas, for a Comer;
THENCE North 3°35'52" East - 14.00 feet along the East line of said 63.99 Acre Tract to a Point
for a Corner, same being the Northwest Corner of said 63.99 Acre Tract of land;
THENCE North 86°02'43" West - 501.30 feet along the North line of said 63.99 Acre Tract of
land to a Point for a Corner;
THENCE North 43°45'41" West - 122.49 feet along the North Right -of -Way line of said West
Farm to Market Road 455 to a Point for a Corner;
THENCE along the meanderings of Hurricane Creek as follows:
North 63°48'23" East-140.02 feet; South 75'15'51" East - 49.90 feet;
South 57°40'00" East - 44.20 feet; North 89°44'36" East-107.41 feet;
North 48°55'48" East-103.32 feet; North 64°54'23" East - 74.46 feet;
North 62"17'41" East-124.25 feet; North 14137'26" East - 95.67 feet;
North 32°25'00" East - 54.23 feet; North 12°35'00" West - 51.32 feet;
North 9°33'43" West-110.71 feet; North 32°08'42" East - 77.87 feet;
South 83°41' 15" East-102.37 feet; North 73'44' 18" East - 93.90 feet;
North 16'23' 10" East-115.20 feet; North 52°46' 50" East - 88.53 feet;
North 35°10'33" West- 93.83 feet; North 22°53'55" West -103.54 feet;
North 8'10'48" West- 94.81 feet; North 6°41'57" East-127.38 feet;
North 1 °01"25" West - 93.69 feet; North 7°54' 12" East-133.31 feet;
North 54°07'56" East - 46.44 feet; North 77°55'56" East - 76.64 feet;
Page 6 of 8
North 35°34'33" East-124.65 feet; North 13°10'24" East - 201.43;
North 8°46'59" West - 117.12 feet; North 25°51'32" West - 30.29 feet;
South 76*28' 11" West - 15.45 feet; North 70°48'07" West - 69.74 feet;
North 31 °28'46" West - 33.06 feet; North 7°42'30" West - 63.04 feet;
North 26'34' 17" East - 95.71 feet; North 27°46'49" East-100.83 feet;
North 24'27' 13" East - 124.78 feet; North 19°30'51" East - 75.28 feet;
North 27° 13'41" West - 36.27 feet; North 44°39'26" East - 125.27;
North 68'45' 18" East - 240.64; North 66°00'29" East - 72.36 feet;
North 32° 19' 15" East - 80.62 feet; North 9°29'39" East - 89.76 feet;
North 2° 15'58" West-150.07 feet; North 32°04'56" East - 70.96 feet;
North 38°59'00" East -64.23 feet; North 36°54'37" East - 65.70 feet;
North 9'17'24" East -55.85 feet; North 31°59'29" West - 82.42 feet;
North 70'19'07" West - 56.76 feet; North 63'13'35" West -83.18 feet;
North 43°48'05" West -97.72 feet; North 57°26'30" West - 73.98 feet;
North 37'46' 16" West-109.38 feet; North 25°54'03" West - 85.00 feet;
North 21 °38'07" West -91.88 feet; North 1 °04'42" West-120.37 feet;
North 27°24'32" West - 128.59 feet; North 20°33'50" West - 113.81 feet;
North 7°00'29" West - 64.14 feet; North 8°40'57" East - 81.41 feet;
North 51°45'31" East-126.70 feet; North 63°47'35" East-111.19 feet;
North 53°45'52" East-113.07 feet; North 57°55'42" East-151.71 feet;
North 81°30'03" East - 209.84 feet; North 67'16'36" East - 92.02 feet to a Point for a Corner in
the West line of a 262.04 Acre Tract of land described in County Clerk File No.
20150529000631020, Deed Records of Collin County, Texas, same being the Northwest
Corner of said 262.04 Acre Tract;
THENCE South 1 °42' 14" West - 1900.42 feet along the West line of said 262.04 Acre Tract to
a 1 /2 Inch Iron Rod Found for a Corner;
THENCE South 24°14'34" East - 75.83 feet to a 1/2 Inch Iron Rod Found for a Corner in the
North line of said John M. Kincade Survey, Abstract 510;
THENCE South 89°28'30" East-349.90 feet along the North line of said John M. Kincade
Survey, Abstract 510, to a 1 /2 Inch Iron Rod Found for a Corner;
Page 7 of 8
THENCE South 2°35'46" West—1187.46 feet along the West line of said 262.03 Acre Tract of
land to a 1 /2 Inch Iron Rod Found for a Corner;
THENCE South 89°15'47" West—368.75 feet along the North line of a 29.77 Acre Tract of land
described in County Clerk File No. 20180925001201240, Deed Records of Collin County,
Texas, to a Point for a Corner, same being the Northwest Corner of said 29.77 Acre Tract;
THENCE South 097'07" West—1124.68 feet along the West line of said 29.77 Acre Tract of
land to the POINT OF BEGINNING and containing within these calls a calculated area
of 77.87 Acres of land, more or less.
Page 8 of 8
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EXHIBIT 2 �B Parks
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CITY COUNCIL 2e9 sr TH Fats one c 1 rat,
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APPROVED --Pea „�°
" is OCTOBER 3 2022 --_ -.'°.a,', µ onsne,e
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CITY OF ANNA ®-w,
THE CITY OF
Anna
Opposed to request
By signing this letter, I declare I am the owner or authorized agent of the property at the (Anna)
address w itte n below.
I %
LILAC Name (Please Print)
Signature
kig-7 G!2 Z�°v Au-th Tx75yv9,0776
IIYVIGJJ / nn 1 )
Date G % C tc
7.5 2 �>D
Please return form to:
USPS Mail:
City of Anna
Planning and Development Department
P.O. Box 776
Anna, TX 75409
Hand Delivery:
Planning and Development Department
Public Works Building
3223 N. Powell Parkway
Anna, TX 75409
Or by e-mail to LMECKE(a annatexas.00v
Subject: Zoning Response
The Parks at Hurricane Cteek 08/01/2022
Lauren Mecke
From: Kenneth Neywick III
Sent: Wednesday, September 7, 2022 5:02 PM
To: Lauren Mecke
Subject: zoning request on FM455 West of US75 about 3/4 of a mile on the North side of the road.
I welcome them into Anna but I am opposed to high density housing in this area. I believe we should work to keep a
country family feel to our neighborhood. With that in mind I would like to see the end of clearing the land and
maintaining as much of the forest as possible. and for housing, Maybe 3 to 10 acre lots per home.
Further some of the land should be put into a park to preserve the natural land for an example of what was destroyed to
build all these houses, i mean for people to enjoy a peaceful place to go and for future generations to enjoy. There are
numerous trees that are more than fifty years old and children born today will not be children by the time new trees
make it there.
As part of the building process all trees should be spared except those where a driveway and foundation will be. Effort
in the design of the property should be taken to minimize the number of trees that need to be cut. And where trees are
cut, new trees should be planted to replace them. As this is a forest not a field