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Home My WebLink AboutOrd 570-2012 Rezoning - West Crossing south of Hackberry.pdfCITY 0 F ANNA, TEXAS (Property rezoned under this ordinance is generally located adjacent to the West Crossing Subdivision, south of Hackberry and west of Slayter Creek) ORDINANCE NO. 570-2012 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 west of West Crossing Blvd. and south of Hackberry Drive 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 111-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 Tract B of the original (PD) as follows: Front Yard Setback — Minimum front yard setback twenty feet (20') Minimum Lot DMth - Minimum lot depth one hundred and ten feet (I 10') 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 January 2012. Na ilkjson, City Secretary 0 F K �Wxj1-_HmQW PLANNED DEVELOPMENT DISTRICT "Legal Description" Being all of the following lots Tract B in the West Crossing Phase 11 Addition to the City of Anna: 3 LEGAL DESCRIPTION BEING, BLOOMFIELD HOMES INC., is the owner of a tract of land situated in the Henry Brantley Survey, Abstract No. 71 and John C. Farris Survey, Abstract No. 331, Collin County, Texas the subject tract being a portion of a tract of land conveyed to Nicholas Ross Properties LLC. according to the deed recorded in county clerk #20100930001049670 of the Land Records of Collin County, Texas (LRCCT), the subject tract being more particularly described as follows; BEGINNING at the intersection of the south right-of-way of Hackberry Drive(a 80' R.O.W.) and the east line of Drayton Drive(a 50' R.O.W.) said point being the east line of West Crossing Phase 1 according to the plat recorded in county clerk #20060123010600130 of the Land Records of Collin County, Texas; THENCE, along the said south right-of-way line of Hackberry Drive a non -tangent curve to the left having a central angle of 34°14'10", a radius of 680.00 feet, and an arc distance of 406.34 feet, with a chord bearing of N 70053'40" E-400.32 feet, to a point for corner; THENCE, S 75°24'47" E, leaving said south right-of-way line of said Hackberry Drive a distance of 4.35 feet to a point for corner; THENCE, S 05-42-54" E, a distance of 125.00 feet to a point for corner; THENCE, S 17-26-54" E, a distance of 250.00 feet to a point for corner; THENCE, S 33°18'54" E, a distance of 111.00 feet to a point for corner; THENCE, S 39-26-54" E, a distance of 113.00 feet to a point for corner; THENCE, S 02-59-06" W, a distance of 69.26 feet to a point for corner; THENCE, S 56-04-14" W, a distance of 146.42 feet to a point for corner; THENCE, S 89055'53" W, a distance of 68.56 feet to a point for corner; THENCE, S 01-18-36" E, a distance of 335.90 feet to a point, said point being on the north property line of Willow Creek Addition Phase II according to the plat filed in Cabinet Q, Page 352 of the Collin County Deed Records; THENCE, along the northeast property line of the said Willow Creek Addition Phase II the following; N 73°53'25" W, a distance of 34.90 feet to a point for corner; N 38044'16" W, a distance of 64.63 feet to a point for corner; S 82°29'42" W, a distance of 247.47 feet to a point for corner; N 01 *15'22" W, a distance of 52.05 feet to a point for corner; N 22°17'16" W, a distance of 72.76 feet to a point for corner; N 40°45'46" W, a distance of 128.80 feet to a point for corner; N 30°25'46" W, a distance of 130.85 feet to a point for corner; N 00°45'14" E, a distance of 107.52 feet to a point for corner; N 86°59'46" W, a distance of 78.63 feet to a point said point being on the east property line of said West Crossing Phase 1; THENCE, N 07°39'51" W, a distance of 51.94 feet to a point for corner; THENCE, N 00-07-09" E, a distance of 214.00 feet to a point on the south right-of-way line of Honeywell Drive(a 50' R.O.W.); THENCE, S 89°52'51" E, a distance of 140.00 feet to a point for corner; THENCE, along a tangent curve to the left having a central angle of 01 °41'40", and a radius of 845.00 feet and an arc distance of 25.00 feet, with a chord bearing of N 89016'20" E-25.00 feet to a point on the said east right-of-way line of Drayton Drive; THENCE N 00007'09" E, along said east right-of-way line of Drayton Drive a distance of 165.09 feet to the PLACE OF BEGINNING and containing 469,368 square feet or 10.7752 acres of land;