HomeMy WebLinkAboutOrd 709-2015 Anna 455 PD.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 709-2015
Anna 455 Commercial LP
"Planned Development -C-2" ("PD")
North of FM 455 (White St.) and east and west of Ferguson Pkwy
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ZONING
MAP, AND THE 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, Anna 455 Commercial LP has submitted a request to amend the zoning
and development regulations in Ordinance No. 179-2005 on 15.7 acres of land
located in the F.T. Daffau Survey, A0288 (the "Property") further described in Exhibit
A attached hereto and incorporated herein for all purposes as if set forth in full; 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 Ordinance Amended
Exhibit C of Ordinance No. 179-2005 is hereby amended by changing the Building
and Area Requirements in Section 3.1(b) for the Property described in Exhibit A as
follows:
3. Planned Development — Commercial/Retail Tract C
b. Building and Area Requirements: The following development standards
shall pertain to retail uses, as outlined above, developed within Tract C.
Density: The permitted floor and area of all buildings within the
commercial/retail areas shall be unlimited, provided that all sections
of the Planned Development Ordinance are fulfilled.
ii. Front Yard: The minimum depth of the front yard shall be twenty-
five (25) feet.
iii Side Yard:
a. The minimum interior side yard shall be five (5) feet. The
minimum side yard may be eliminated for attached buildings on
separate lots as shown on an approved site plan.
b. When adjacent to any other district that requires a side yard, the
minimum side yard shall be fifteen (15) feet
c. The minimum side yard when adjacent to a street shall be twenty-
five (25) feet.
d. The minimum side yard when adjacent to property that is zoned
for single family shall be twenty-five (25) feet.
iv. Rear Yard:
a. The minimum rear yard shall be ten (10) feet. The minimum rear
yard may be eliminated for attached buildings on separate lots as
shown on an approved site plan.
b. The minimum rear yard when adjacent to property that is zoned
for single family shall be thirty-five (35) feet.
v. Maximum Building Height: The maximum height of the buildings
within Commercial/Retail Areas shall have a maximum allowed
height of two (2) stories, not to exceed forty (40) feet.
vi. Lot Area: The minimum lot area shall be ten thousand (10,000)
square feet.
vii. Lot Width: The minimum lot width shall be sixty (60) feet.
viii. Lot Depth: The minimum slot depth shall be ninety (90) feet
Ord. No. 709-2015 2
(Anna 455 Commercial, Ltd.)
ix. Lot Coverage: The maximum lot coverage shall be seventy (70)
percent for the combined areas of the main buildings and accessory
buildings. Parking structures and parking facilities shall be
excluded from lot coverage computation.
x. Building Materials: All main buildings shall have an exterior finish of
stone, stucco_(if approved by the Anna City Council) brick, tile,
concrete, glass, exterior wood or similar materials or any
combination thereof. The use of wood as a primary, exterior
building material shall be limited to a maximum of twenty (20)
percent of the total exterior wall surfaces>
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.
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.
Ord. No. 709-2015 3
(Anna 455 Commercial, Ltd.)
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 December,
2015.
ATTESTED: APPROVED:
Carrie L. Smith, City Secretary OF q 6%, Mike Cris ,7Mayor
0
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Ord. No. 4
(Anna 455 Commercial, Ltd.)
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T. Duffau
Survey, Abstract Number 288, being a part of that called 20.00 acre tract of land described in deed to
Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20071205001623100, Deed
Records Collin County, Texas, being a part of that called 8.931 acre tract of land described as Tract I in
deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20121119001473740
and County Clerk File No. 20121119001473750, Deed Records Collin County, Texas, and being further
described as follows:
COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to Market
Highway No. 455) (a variable width right-of-way), said point being in the west line of said 13.798 acre
tract of land, and said point being the east line of Lot 9, Block B of The Falls Phase IA, an addition to the
City of Anna, as recorded in Cabinet O, Page 615; Plat Records Collin County, Texas;
THENCE along the north line of White Street as follows:
South 89 degrees 01 minutes 10 seconds East, 1485.84 feet to a brass TXDOT monument found;
Southeasterly, 144.30 feet along a curve to the right having a central angle of 01 degrees 38
minutes 02 seconds, a radius of 5,060.00 feet, a tangent of 72.16 feet, and whose chord bears South 88
degrees 12 minutes 09 seconds East, 144.30 feet to a point for corner;
South 87 degrees 23 minutes 07 seconds East, 225.78 feet to a pk nail found in the west line of
Lot 1, Block A of Summer Hill Addition, an addition to the City of Anna, as recorded in Volume 2011,
Page 22, Plat Records Collin County, Texas;
THENCE South 87 degrees 24 minutes 35 seconds East, 126.53 feet to point in the north line of White
Street, said point being in the east line of said Lot 1, and said point being the POINT OF BEGINNING of
the herein described tract of land;
THECE North 01 degrees 16 minutes 02 seconds East, 216.01 feet along the east line of said Lot 1 to the
northeast corner of said Lot 1;
THECE South 88 degrees 44 minutes 01 seconds East, 174.46 feet to a five-eighths inch iron rod found
for corner;
THECE South 02 degrees 58 minutes 00 seconds West, 60.69 feet to a one-half inch iron rod found at the
northwest corner of a called 0.700 acre tract of land described in deed to Ronny and Linda Brown, as
recorded in Volume 1076, Page 564, Deed Records Collin County, Texas;
THECE South 03 degrees 08 minutes 13 seconds West, 159.38 feet along the west line of said 0.700 acre
tract of land to a brass TXDOT monument found in the north line of White Street;
THENCE North 87 degrees 23 minutes 06 seconds West, 167.40 feet along the north line of White Street
to the POINT OF BEGINNING and containing 37,289 square feet or 0.856 of an acre of land.
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T.
Duffau Survey, Abstract Number 288, being a part of that called 13.798 acre tract of land
described as Tract II in deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk
File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records
Collin County, Texas, being a part of that called 20.000 acre tract of land described in deed to
Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20071205001623100,
Deed Records Collin County, Texas, and being further described as follows:
BEGINNING at a brass TXDOT monument found in the north line of White Street (Farm to
Market Highway No. 455) (a variable width right-of-way), said point being in the west line of
said 13.798 acre tract of land, and said point being the east line of Lot 9, Block B of The Falls
Phase 1 A, an addition to the City of Anna, as recorded in Cabinet O, Page 615, Plat Records
Collin County, Texas;
THENCE North 00 degrees 13 minutes 06 seconds East, 300.03 feet along the west line of said
13.798 acre tract of land and along the east line of said Lot 9 to a one-half inch iron rod set for
corner;
THENCE South 89 degrees 01 minutes 10 seconds East, 1,073.37 feet to a point for corner;
THENCE South 00 degrees 58 minutes 50 seconds West, 300.00 feet to a point in the north line
of White Street;
THENCE North 89 degrees 01 minutes 10 seconds West, 1,069.37 feet along the north line of
White Street to the POINT OF BEGINNING and containing 321,411 square feet or 7.379 acres
of land.
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T.
Duffau Survey, Abstract Number 288, being a part of that called 20.000 acre tract of land
described in deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk File No.
20071205001623100, Deed Records Collin County, Texas, and being further described as
follows:
BEGINNING at a PK nail found in the north line of White Street (Farm to Market Highway No.
455) (a variable width right-of-way), said point being in the west line of north line of Lot 1,
Block A of Summer Hill Addition, an addition to the City of Anna, as recorded in Volume 2011,
Page 22, Plat Records Collin County, Texas;
THENCE along the north line of White Street as follows:
North 87 degrees 23 minutes 07 seconds West, 225.78 feet to a point for corner;
Northwesterly, 144.30 feet along a curve to the left having a central angle of 01 degrees
38 minutes 02 seconds, a radius of 5,060.00 feet, a tangent of 72.16 feet, and whose chord bears
North 88 degrees 12 minutes 09 seconds West, 144.30 feet to a brass TXDOT monument found;
North 89 degrees 01 minutes 10 seconds West, 114.20 feet to a point for corner;
THENCE North 01 degrees 20 minutes 21 seconds East, 45.91 feet to a point for corner;
THENCE Northeasterly, 122.41 feet along a curve to the right having a central angle of 04
degrees 52 minutes 14 seconds, a radius of 1,440.00 feet, a tangent of 61.24 feet, and whose
chord bears North 03 degrees 46 minutes 29 seconds East, 122.38 feet to a point for corner;
THENCE North 06 degrees 12 minutes 36 seconds East, 406.23 to a point for corner;
THENCE Northeasterly, 123.11 feet along a curve to the left having a central angle of 04
degrees 14 minutes 58 seconds, a radius of 1,660.00 feet, a tangent of 61.59 feet, and whose
chord bears North 04 degrees 05 minutes 07 seconds East, 123.09 feet to a point for corner;
THENCE North 01 degrees 56 minutes 40 seconds East, 0.94 feet to a point in the north line of
said 20.000 acre tract of land, said point being in the south line of called 56.738 acre tract of land
described in deed to Lennar Homes of Texas Land and Construction, LTD., as recorded in
County Clerk File No. 20150206000134500, Deed Records Collin County, Texas;
THENCE South 88 degrees 56 minutes 01 seconds East, 436.51 feet along the north line of said
20.000 acre tract of land and along the south line of said 56.738 acre tract of land to a five-
eighths inch iron rod found at the northwest corner of a called 10.617 acre tract of land described
EXHIBIT A
in deed to Lennar Homes of Texas Land and Construction, LTD., as recorded in County Clerk
File No. 20150206000134510, Deed Records Collin County, Texas;
THENCE along the west line of said 10.617 acre tract of land as follows:
South 01 degrees 15 minutes 59 seconds West, 440.33 feet to a one-half inch iron rod set
for comex;
South 32 degrees 44 minutes 52 seconds West, 61.47 feet to a one-half inch iron rod set
in the north line of said Lot 1;
THENCE North 88 degrees 44 minutes 01 seconds West, 33.18 feet along the north line of said
'Lot 1 to a five-eighths inch iron rod found at the northwest corner of said Lot 1;
THENCE South 01 degrees 15 minutes 59 seconds West, 213.09 feet along the west line of Lot 1
to the POINT OF BEGINNING and containing 323,716 square feet or 7.432 acres of land.
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