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HomeMy WebLinkAboutOrd 145-2004 PD Zoning PD 26-2004 Primrose Tract.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 145-2004 ZONING — 105.475 ACRES (DAVIS) 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. 26-2004. The Planned Development shall include the following elements: Commercial Element The commercial element of the PD includes 20 acres and is located along the north edge of the property, along E. White Street, as graphically identified in Exhibit B. Except as follows, all provisions of the Anna Zoning Ordinance as related to the C-2 General Commercial zoning district shall apply to the commercial element of this planned development. The exceptions are as follows: Schedule of Uses Radio, TV, or microwave operations, amateur Permitted with a Specific Use Permit Radio, TV, or microwave operations, commercial Not permitted Transit station or turnaround Not permitted Automobile and trailer sales, new Permitted with a Specific Use Permit Motorcycle sales and service Permitted with a Specific Use Permit Boat sales and storage Permitted with a Specific Use Permit Residential Element The residential element of the PD includes 85.5 acres and is located in the area graphically identified in Exhibit B. Except as follows, all provisions of the Anna Zoning Ordinance as related to the SF — 60 Single Family Residential zoning district shall apply to the commercial element of this planned development. The exceptions are as follows: Side yard setbacks shall be a minimum of five feet (5') C:IDocuments and SettingsIw My DocumentsWnns MgMDevelopment-Planning Issues12onMg12004107-Davis (Pn'mmse)M- Zon Ord. dacC. Documents and SetGhgsVieelMy DocumentsWona MOADevelopment-Planning IssueslZonmg=4107-Davis (Pdmmse)10g-Zon ON.doc Pagel of 2 The minimum house size for at least 70 percent (70%) of the lots shall be 1,600 square feet living area. The minimum house size for the remaining 30 percent (30%) of the lots shall be 1,200 square feet living area. All provisions of the Zoning Ordinance of the City of Anna not in conflict with the provisions of this section shall be applicable to the tract described in Exhibit A. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 3. 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. Penalties A person commits an offense if the person violates this ordinance. An offense of this ordinance is a Class C misdemeanor. Any person convicted of violating this ordinance shall be fined in an amount not to exceed two thousand dollars for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. Section 5. This Ordinance shall take effect immediately from and after its passage by the City Council and approval by the Mayor. PASSED on this the 11th day of May, 2004, by the following vote of the City Council of the City of Anna, Texas. AYE 5 NAY 0 ABSTAIN 0 APPROVED: or ATTEST: City Secretary C. Documents and SedingsV,"My DocumontslAnna MgAADevelooment-Planning IssuesLoning12004107-Davis (Pdmmse)109- Zon Ord.dooC:IDocuments and SediigaleelbMy DocumentslAnns M9AADemlopment-Planning IssuesUoning12004107-Davis (Pdmmse)10&Zon Ord.doc Page 2 of 2 EXHIBIT A DESCRIPTION 106.475ACRES OF LAND SITUATED in Collin County, Texas, In the Grandamon Stark Survey, Abstract No. 798 being a resurvey of the First Tract: Sixty (80) acres of land and the Second Trait: Fgty (50) acres of land described in a deed from C. B. Barger and wife, Christina W. Barger to LIIIIe Cawthon Sherley dated January 3, 1948 recorded In Volume 387, Page 237 of the Collin County Deed Records, being described by metes and bounds as follows: Beginning at an iron pin found at the northwest comer of Wlldwood Farms, Ref. Vol. C, Pg. 746, in the east line of said 60 acre tract and In the south R.O.W. line of Farm Road No. 455; Thence south 1' 35117' West, with the east line of said 60 acre tract and the west line of said Wldwuod Farms passing Iron pine at 360.4 Not and 480.73 feet and continuing in all 1,805.09 feet to a Iron pin found at the southeast comer of said 60 acre tract, in the west line of said Wldwcod Farms and at the northeast comer of the Nancy A. Leonard 159.124 acres, Ref. Doc. 95-0049357; Thence westerly with the south lines of said 60 acre tract and said W am tract and with the north line of said 159.124 acre tract and with a fence and hedgerow as follows: North 88° 23' 19' West, 1,889.1 feet; North 88° 52' 49' West, 341.36 feet; North 89° 06'07" West, 475.59 feet to a square concrete marker found at the southwest comer of said 50 acre tract, in the north lineofsaid 159.124 acre tract and at the southeast comer of the Charles E. White 21.215 acres, Ref. Vol. 587, Pg. 21; Thence north 1° 02' 24' East, 1,381.0 feet with the wast line of said 50 acre tract, the east line of said 21.215 acre tract and the east line of the Rosamond Sheday Elliott Trust 0.590 acre, Ref. Vol. 3734, Pg. 333 to a naii found in a tree, in the west line of said 50 acre tract and in the east line of said 0.590 acre tract and at the southeast comer of the Rachel and Gwynell Roper lot. Ref. Vol. 1153, Pg. 371; Thence north 89° 22' 45' East, with the south line of said Roper lot, passing an Iron pin found at the southeast comer of same at 128.71 feet and the southwest comer of the James E. Stephens 0.760 acre lot Ref. Vol 1671, Pg. 564, and continuing with the south line of said 0.780 acre lot In all 228.6 feet to an Iron pin found at the southeast comer of said 0.780 acre lot: Thence north 1.35' 20' East, 145.29 feet with the east line of said 0.780 acre lot to an iron pin found In the east line of said 0.780 acre lot and at the southwest comer of the Peggy Powell and Bobbie McCartney 25,300 Sq. FL lot, Ret Doc 97-0062386; Thence north 89° 32'05" East, 109.96 feet with the south line of said 25,300 Sq. Ft lot to an iron pin found at the southeast comer of said 25,300 Sq. Ft. lot and In the west line of the Benny J. Milam 1.500 acre tract, Ref. Doc. No. 97-0007700; Thence south 1. 17'30' West, 145.16 feet with the east line of said 1.500 sae tract to an iron pin found at the southwest comer of said 1.500 acre tract; Thence north 89° 14'52" East, 198.34 feel with the south line of said 1.500 acre tract to an iron pin found at the southeast comer of said 1.500 acre tract; Thence north V 22'43* East, 328.55 feet with the east line of said 1.500 acre tract to an iron pin found at the northeast comer of said 1.500 acre tract and in said south R.O.W. line; Thence north 89° 36'3Y east, 1,907.64 feet with said south R.O.W. line to an iron pin sal; Thence north 88° 10113' East, 277.15 feet with said south R.O.W. line to the PLACE OF BEGINNING and containing 105.475 saes of land. m vesoro.l tz PRIMROSE TRACT CITY OF ANNA, COLLIN COUNTY, TEXA �'sN!•6wyMs