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Home My WebLink AboutOrd 134-2004 Zoning PD 25-2004 WBK PartnersCITY OF ANNA, TEXAS ORDINANCE NO. 134-2004 WBK 82 ACRE TRACT AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ZONING MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF CERTAIN PROPERTY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the City Council of the City of Anna has given the requisite notices and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by zoning the tract described in Exhibit A, attached hereto and made an integral part of this Ordinance, as Planned Development No. 25-2004 (PD 25-2004). The Planned Development shall include the following elements: A. Multifamily Residential Element The area designated as Multifamily on the Land Use Plan (Exhibit B) shall be zoned as MF - 2 Multifamily Residential. B. Commercial Element The area designated as Commercial on the Land Use Plan (Exhibit B) shall be governed by the regulations of the Anna Zoning Ordinance, except as follows: Permitted Uses • Any use permitted in the C-1 Commercial District • Bakery shops • Hotels, apartment hotels and motels • Mortuaries • Pumping stations • Print shops • Telephone exchanges • Theaters, lodges, assembly halls, auditoriums • Antique shops • Art galleries and museums • Auction rooms ORD 134 -2004 -Zoning WBK Partnem.doc Page 1 of 4 03-23-2004 • Automobile accessory stores • Automobile service stations, including the incidental storage of rental trucks and trailers, except that trucks and trailers for storage or rental may not be parted within the right-of-way • Banks and financial institutions • Blueprinting and photostating establishments • Business machine sales and service establishments • Camera and photographic supply stores • Carpet and rug stores • Catering establishments • Chine and glassware stores • Clothing and costume rental stores • Coin and philatelic stores • Department stores • Dry goods stores • Employment agencies • Exterminating shops • Floor covering establishments • Florist shops and conservatories • Fraternal, philanthropic and eleemosynary uses • Furniture stores • Furrier shops, including the incidental storage and conditioning of furs • Hospitals and sanitariums • Household appliance stores, including radio and television sales and service • Interior decorating shops • Leather goods and luggage stores • Loan offices • Locksmith shops • Meat markets, including sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises • Musical instruments, sales and repair • Office supply stores • Optical sales • Orthopedic and medical appliance and supply stores • Paint and wallpaper stores • Phonograph, record, sound equipment and sheet music stores • Physical culture and health services and reducing salons • Picture framing • Restaurants • Schools for music, dance, business, or trade • Sewing machine sales and service, household appliances only • Sporting goods stores • Tailor shops • Taxidermists • Telegraph offices • Theaters, indoor • Ticket agencies, amusement ORD 134 -2004 -Zoning WBK Partners. doc Page 2 of 4 03-23-2004 • Tobacco shops • Travel bureaus and transportation ticket offices • Upholstery shops • Water softener sales and services • Vehicle service centers • Other retail sales and service uses that are similar in character to those enumerated in this section and that will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment, or value of the property, but not including any of the following uses (a) Any use permitted only in the 1-1 or 1-2 Industrial Districts; (b) Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses; (c) Any use that is objectionable by reason of emission of odor, dust, smoke, gas, vibration, or noise, or which may impose hazard to health or property. Uses Permitted with a Specific Use Permit • Any uses not specifically enumerated in the Permitted Uses section of this ordinance that can be considered commercial in character. • Machinery and equipment sales and service establishments for equipment under 1.5 tons gross weight. Maximum Height The maximum building height will be the same as required by the Anna Zoning Ordinance, excluding (a) chimneys and vent stacks, church spires, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage; (b) flag poles and similar devices; and (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures, and devices, provided such equipment, fixtures, and devices are screened from view of any public street. Maximum Lot Coverage The maximum lot coverage shall be fifty percent (50%). "Coverage" means the percentage of lot area covered by a roof or other structure (including accessory structures). Roof eaves and other ordinary building projections are excluded. Masonry Requirements Exterior building materials for the front of all structure shall be one hundred percent (100%) masonry. "Masonry' means brick, stone, pre -cast stone, stucco, cement fiber siding, and any other similar veneer material attached to an outside wall. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 3. ORD 134 -2004 -Zoning WBK Partners.doc Page 3 of 4 03-23-2004 All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage by the City Council and approval by the Mayor. PASSED on this the 23rd day of March, 2004, by the following vote of the City Council of the City of Anna, Texas. AYE 4 NAY 0 ABSTAIN 0 APPROVED: ORD 134 -2004 -Zoning WBK Partners.doc ti ATTEST: ;✓ 4 "14�4a— /46 Page 4 of 4 City S retary 03-23-2004 Exhibit A ZONING EXHIBIT TRACT ONE WBK PARTNERS, LTD. BEING a tract of land situated in the John Coffman Survey, Abstract No. 197, Collin County, Texas, being out of and a portion of that certain tract of land described as Tract No. 1 as conveyed to WBK Partners, Ltd. by Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows, BEGINNING at the intersection of the approximate center of County Road No. 368 (Telephone Road) with the north right-of-way line of F.M. Highway No. 455 (84.7' right-of-way); THENCE along the north right-of-way line of F.M. Highway No. 455, South 89 degrees 53 minutes 26 seconds West, a distance of 1075.28 feet to a Point; THENCE continuing along the north right-of-way line of F.M. Highway No. 455, South 89 degrees 55 minutes 01 seconds West, a distance of 272.94 feet to a Point; THENCE crossing said WBK Partners tract, North 00 degrees 04 minutes 59 seconds West, a distance of 650.24 feet to a Point, same being on the north line of said WBK Partners tract, also being the south line of that certain tract of land conveyed to Anna 96 Joint Venture by Volume 5430, Page 9874, Deed Records, Collin County, Texas; THENCE along the north line of said WBK Partners tract, same being the south line of said Anna 96 Joint Venture tract, North 89 degrees 54 minutes 25 seconds East, a distance of 1342.45 feet to a Point, same being in the approximate center of County Road No. 368 (Telephone Road; THENCE along the east line of said WBK Partners tract, also being the approximate center of County Road No. 368 (Telephone Road), South 00 degrees 35 minutes 33 seconds East, a distance of 650.00 feet to the POINT OF BEGINNING hereof and containing 20.0798 acres or 874,677 square feet of land, more or less. THIS description based on the recorded description found in the aforementioned Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and does not reflect an on -the -ground survey. Registered P ofessional Land Surveyor Kurtis R. W bb Texas Registration No. 4125 Date: April 29, 2005 Exhibit A ZONING EXHIBIT TRACT TWO WBK PARTNERS, LTD. BEING a tract of land situated in the John Coffman Survey, Abstract No. 197, Collin County, Texas, being out of and a portion of that certain tract of land described as Tract No. 1 as conveyed to WBK Partners, Ltd. by Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the approximate center of County Road No. 368 (Telephone Road) with the north right-of-way line of F.M. Highway No. 455 (84.7' right-of-way); THENCE along the north right-of-way line of F.M. Highway No. 455 the following two (2) courses 1. South 89 degrees 53 minutes 26 seconds West, a distance of 1075.28 feet to a Point; 2. South 89 degrees 55 minutes 01 seconds West, a distance of 272.94 feet to the POINT OF BEGINNING hereof; THENCE continuing along the north right-of-way line of F.M. Highway No. 455 South 89 degrees 55 minutes 01 seconds West, a distance of 1345.46 feet to a Point for the southwest corner of said WBK Partners tract; THENCE along the west line of said WBK Partners tract, also being the east line of that certain tract of land conveyed to Dwight Crigger by Volume 391, Page 299, Deed Records, Collin County, Texas, North 00 degrees 04 minutes 27 seconds West, a distance of 650.00 feet to a Point; THENCE along the north line of said WBK Partners tract, same being the south line of that certain tract of land conveyed to Anna 96 Joint Venture by Volume 5430, Page 9874, Deed Records, Collin County, Texas North 89 degrees 54 minutes 25 seconds East, a distance of 1345.36 feet to a Point; THENCE crossing said WBK Partners tract, South 00 degrees 04 minutes 59 seconds East, a distance of 650.24 feet to the POINT OF BEGINNING hereof and containing 20.0798 acres or 874,677 square feet of land, more or less. THIS description based on the recorded description found in the aforementioned Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and does not reflect an on -the -ground survey. Registered P ofessional Land Surveyor Kurtis R. W bb Texas Registration No. 4125 Date: April 29, 2005 Exhibit A ZONING EXHIBIT TRACT THREE WBK PARTNERS, LTD. BEING a tract of land situated in the John Coffman Survey, Abstract No. 197, Collin County, Texas, being out of and a portion of that certain tract of land described as Tract No. 2 as conveyed to WBK Partners, Ltd. by Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the approximate center of County Road No. 368 (Telephone Road) with the south right-of-way line of F.M. Highway No. 455 (84.7' right-of-way); THENCE along the approximate center of County Road No. 368 (Telephone Road), South 00 degrees 06 minutes 41 seconds West, a distance of 1058.69 feet to a Point, same being the northeast corner of that certain tract of land conveyed to Jan Sherley Miller by Volume 2667, Page 671, Deed Records, Collin County, Texas; THENCE along the south line of said WBK Partners, Ltd. tract, same being the north line of said Miller tract, North 69 degrees 35 minutes 22 seconds West, passing at a distance of 1130.40 feet the northwest corner of said Miller tract, also being an interior corner of that certain tract of land conveyed to Dwight Crigger by Volume 391, Page 299, Deed Records, Collin County, Texas, and continuing for a total distance of 1170.64 feet to a Point; THENCE crossing said WBK Partners tract, North 00 degrees 06 minutes 34 seconds West, a distance of 648.34 feet to a Point, same being on the south right-of-way line of F.M. Highway No. 455; THENCE along the south right-of-way line of F.M. Highway No. 455, North 89 degrees 55 minutes 01 seconds East, a distance of 25.17 feet to a Point; THENCE continuing along the south right-of-way line of F.M. Highway No. 455, North 89 degrees 53 minutes 26 seconds East, a distance of 1075.28 feet to the POINT OF BEGINNING hereof and containing 21.5316 acres or 937,915 square feet of land, more or less. THIS description based on the recorded description found in the aforementioned Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and does not reflect an on -the -ground survey. Registered P ofessional Land Surveyor Kurtis R. W bb Texas Registration No. 4125 Date: April 29, 2005 Exhibit A ZONING EXHIBIT TRACT FOUR WBK PARTNERS, LTD. BEING a tract of land situated in the John Coffman Survey, Abstract No. 197, Collin County, Texas, being out of and a portion of that certain tract of land described as Tract No. 2 as conveyed to WBK Partners, Ltd. by Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the approximate center of County Road No. 368 (Telephone Road) with the south right-of-way line of F.M. Highway No. 455 (84.7' right-of-way); THENCE along the south right-of-way line of F.M. Highway No. 455 the following two (2) courses: 1. South 89 degrees 53 minutes 26 seconds West, a distance of 1075.28 feet to a Point; 2. South 89 degrees 55 minutes 01 seconds West, a distance of 25.17 feet to the POINT OF BEGINNING hereof; THENCE crossing said WBK Partners tract, South 00 degrees 06 minutes 34 seconds East, a distance of 648.34 feet to a Point, same being on the south line of said WBK Partners tract, also being an interior line of that certain tract of land conveyed to Dwight Crigger by Volume 391, Page 299, Deed Records, Collin County, Texas; THENCE along the south and west lines of said WBK Partners tract, also being interior lines of said Crigger tract the following six (6) courses: 1. North 69 degrees 35 minutes 22 seconds West, a distance of 277.28 feet to a Point; 2. North 89 degrees 06 minutes 29 seconds West, a distance of 234.29 feet to a Point; 3. North 89 degrees 03 minutes 29 seconds West, a distance of 585.11 feet to a Point; 4. North 84 degrees 50 minutes 29 seconds West, a distance of 245.13 feet to a Point; 5. South 86 degrees 18 minutes 01 seconds West, a distance of 270.97 feet to a Point; 6. North 00 degrees 04 minutes 59 seconds West, a distance of 531.51 feet to a Point, same being on the south right-of-way line of F.M. Highway No. 455; THENCE along the south right-of-way line of F.M. Highway No. 455, North 89 degrees 55 minutes 01 seconds East, a distance of 1593.25 feet to the POINT OF BEGINNING hereof and containing 20.0000 acres or 871,200 square feet of land, more or less. THIS description based on the recorded description found in the aforementioned Warranty Deed dated November 5, 1998, and recorded in Volume 4292, Page 27, Deed Records, Collin County, Texas, and does not reflect an on -the -ground survey. Registered P ofessional Land Surveyor Kurtis R. W bb Texas Registration No. 4125 Date: April 29, 2005 X W L—v 04-0 1�. ell OA TFL [ f Y- 10PIE F -011D) COUNTY ROAD NO J6(9 I I) ro .H �4 ::� E o - / E 0 I i I �.:e. } f / >1 LIP Fazi-I'Iso'K ii V=4 zi•'� X 'ShclVO to :. v w-cts oo.c 'EuSUI.� ao•�► 991F 'ON ikVMh`JI H 'Y4*3 s em .&0c s.oR.wa� �us-1 roWN - - - L61 'ON '1S8b — *dnS NVhJJ00 NH01' " d' "w C _ .- .011 'SN3NINVd ABM �_:• :?z „, ;��','' ZIEIIHXg ONINOZ `s `••`'r'' :G :L O \ aC T n � 1 Q �G GiKSI S8.'K�N 1 :NOI1dIa0S3fl 31Y 'ON CENTRAL UPRESS11AY/ 196 JOINT VENTURE VOL. 4554, PC. 1851 AFFI INTERA'ATILAIAL, INC. O.R.C.C.T I I VOL. 4656, PC. 7,71j6 (TELEPHONE ROAD) (TELEPHONE ROAD) D'R•`'CT COUNTY ROAD NO. 368 I I COUNTY ROAD NO. 368 --- --- S00'35_33_E 650.00' --- --- — .69'8S0: L1"t�.90.0C S— --- --- --- I I / b Q C1 �CV WcaO I to cl to / W � � � Q Iu► zi // 3 t O \ aC _ co O .ti~ I I I / / u� v / I / S C0'09'34' E 646.34' o; c n r a• ti Z (j 'r --- O S00'04'59' E 650.24_ - ----- \ +-- h 02 OF I O I bil = (ic I I r I I 1 I I I I , I I LO .o !o o� t s i IIS ti a to a v V) IKV cc co 2 to Z h p J Al 1 I I I -I I I I I I I I I f I 1 I I I •- Q I N I� f� �G I I •� I I co I I I z I I & A I 1 0 �v �f I riIP 1 co co Q9C tl� I tl. yGL !p — N 00'04'27" W 650.00' — — — — — — — A 00'04'S9� W .31�- DWIGHT CRIGGER VOL. 391, PG. 299 D. R. C. C. T. DMGNT CRIGGER VCL. 391, PC. 299 D.R.C. C. T