EXHIBIT “E” – TRAILS & OPEN SPACES
EXHIBIT “F” – RIGHT OF WAY DEDICATION
EXHIBIT “G” – WATER IMPROVEMENTS
EXHIBIT “H” – WASTEWATER IMPROMENTS
ORDINANCE NO. 2023-05
ARIANA
PLANNED DEVELOPMENT #140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CELINA, TEXAS, AMENDING ORDINANCE NO. 2006-57, AS HERETOFORE AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY DESIGNATING THE ZONING OF LAND THAT IS APPROXIMATELY 149 ACRES LOCATED IN THE GERMAN EMIGRATION CO. SURVEY, ABSTRACT NO. 357, THE MEP & RY CO. SURVEY, ABSTRACT NO. 654, AND THE GEORGE A. WILSON SURVEY, ABSTRACT NO. 1072, COLLIN COUNTY, TEXAS, AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF LOUISIANA DRIVE AND FUTURE G.A. MOORE PARKWAY; AS DESCRIBED IN EXHIBIT “A” AND INCORPORATED HEREIN TO BE ZONED “PD” PLANNED DEVELOPMENT DISTRICT NO. 140 WITH A BASE ZONING OF SINGLE-FAMILY, DETACHED DISTRICT (SF-R), SINGLE-FAMILY, ATTACHED DISTRICT (SF-A), MULTI- FAMILY, HORIZONTAL DISTRICT (MF-0), AND COMMERCIAL, OFFICE, & RETAIL DISTRICT (C); PROVIDING FOR INCORPORATION OF PREMISES, FINDINGS, AMENDMENT OF ZONING CLASSIFICATION, ZONING DESIGNATION AND DEVELOPMENT REGULATIONS, REVISION OF ZONING MAP, COMPLIANCE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00 PER OFFENSE AND OTHER ENFORCEMENT MECHANISMS; PROVIDING CUMULATIVE REPEALER, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Celina is a home rule municipality located in Collin and Denton County, Texas created in accordance with the provisions of the Texas Local Government Code, The Texas Constitution and operating pursuant to the enabling legislation of the state of Texas; and
WHEREAS, the City Council of the City of Celina, Texas (the “City Council”) is empowered under Local Government Code 54.001 to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and
WHEREAS, Section 211.003 of the Texas Local Government Code, empowers a municipality to, among other things, establish and amend zoning districts, classifications of land use, adopt a comprehensive plan to regulate the use of land and open spaces, adopt and amend zoning regulations, regulate population density, and regulate the use and location of buildings; and
WHEREAS, the zoning is in conformance with the existing Development Agreement approved in December 2022 which outlined the annexation and zoning; and
WHEREAS, the establishment of a zoning classification has been requested for the property more specifically described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and incorporated
as though fully set forth herein (the “Property”); and
WHEREAS, the Concept Plan and Development Regulations, set forth in Exhibit “C” and “D,” respectively, attached hereto and incorporated herein, define the base zoning districts, and provide for
certain modifications to such district regulations.
WHEREAS, the City Council has considered, among other things, the character of the property and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the City, and is in the interest of public health, safety, and welfare, and does hereby find that the requested zoning accomplishes such objectives and is consistent with the provisions of the Celina 2040
Comprehensive Plan of the City of Celina; and
WHEREAS, the Planning and Zoning Commission of the City of Celina and the City Council of the City of Celina, in compliance with the laws of the State of Texas and the ordinances of the City of Celina, have given the requisite notices by publication and otherwise, and have held public hearings 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; and
WHEREAS, the City Council, in the exercise of its legislative discretion has concluded that the zoning classification on the tract of land described herein should be changed and the zoning map
so amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CELINA, TEXAS
SECTION 1
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes.
SECTION 2
FINDINGS
After due deliberations the City Council has concluded that the adoption of this Ordinance is in the best interest of the City of Celina, Texas and of the public health, safety and welfare.
SECTION 3
AMENDMENT OF ZONING CLASSIFICATION
That Ordinance No. 2006-57 of the City of Celina, Texas, as heretofore amended, the same being the City’s Comprehensive Zoning Ordinance, is hereby amended to establish the zoning classification for the Property as “PD” Planned Development District No. 140 with a base zoning of Single-Family, Detached District (SF-R), Single-Family, Attached District (SF-A), Multi-Family, Horizontal District (MF-0), and Commercial, Office, & Retail (C) and is subject to the following PD regulations, which exhibits are incorporated as if fully set forth herein:
Exhibit B: Depiction of Property
Exhibit C: Concept Plan
Exhibit D: Development Regulations
SECTION 4
ZONING DESIGNATION AND DEVELOPMENT REGULATIONS
That Ordinance No. 2006-57 of the City of Celina, Texas, as heretofore amended, the same being the City’s Comprehensive Zoning Ordinance, is hereby amended by designating the zoning on the land,
described in Exhibit “A” and depicted in Exhibit “B” attached hereto and incorporated herein as PD No. 140 with a base zoning of Single-Family, Detached District (SF-R), Single-Family, Attached District (SF- A), Multi-Family, Horizontal District (MF-0), and Commercial, Office, & Retail (C), and incorporates the Concept Plan and Development Regulations, attached hereto as Exhibit “C” and “D,” respectively.
SECTION 5
REVISION OF ZONING MAP
That the City Manager for the City of Celina is hereby directed to mark and indicate on the official Zoning District Map of the City the zoning change herein made.
SECTION 6
COMPLIANCE REQUIRED
That the property described on Exhibit “A” and depicted in Exhibit “B” hereto shall be used only in the manner and for the purposes provided for in this ordinance and the Comprehensive Zoning Ordinance, of the City of Celina as amended.
SECTION 7
PENALTY
7.01 Any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Celina, and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense. 7.02 If the governing body of the City of Celina determines that a violation of this Ordinance has occurred, the City of Celina may bring suit in district court to enjoin the person, firm, partnership, corporation, or association from engaging in the prohibited activity.
SECTION 8
CUMULATIVE REPEALER CLAUSE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on this date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 9
SAVINGS CLAUSE
All rights and remedies of the City of Celina, Texas are expressly saved as to any and all violations of the provisions of any other ordinance affecting zoning regulation which have secured at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the court.
SECTION 10
SEVERABILITY
The provisions of the Ordinance are severable. However, in the event this Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared or determined by a judicial,
administrative or legislative authority exercising its jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in while in part, the remaining and lawful provisions shall be of full force and effect and the City shall promptly promulgate new revised provisions in compliance with the authority’s decisions or enactment.
SECTION 11
PUBLICATION CLAUSE
The City Secretary of the City of Celina is hereby directed to publish in the Official Newspaper of the City of Celina the Caption, and Effective Date of this Ordinance as required by Section 52.013 of the
Local Government Code.
SECTION 12
ENGROSSMENT AND ENROLLMENT
The City Secretary is hereby directed to engross and enroll this Ordinance by copying the descriptive Caption in the minutes of the City Council and by filing this Ordinance in the Ordinance records of the City.
SECTION 13
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication as required by law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by the City Council of the City of Celina, Texas this 14th day of
February 2023.
Exhibit A
Legal Description
BEING a tract of land situated in the German Emigration Co. Survey, Abstract No, 357, the George A. Wilson Survey, Abstract No. 1072 and the MEP & RY CO. Survey, Abstract No. 654, Collin County, Texas and being all of a called 148.703 acre tract of land conveyed to Ariana, LLC as recorded in County Clerk No. 20180730000947040 of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING in Business 289 at a Mag Nail set for the most eastern south east corner of the called 148.703 acre tract of land, said mag nail being in the east line of said German Emigration Survey, said iron rod also being N 00°00’19” E a distance of 170.99’ feet from the southwest corner of the W. H. Rattan Survey, said iron rod also being at the northeast corner of Lot 1, L.L. Custom Cabinets Development Plat as shown on the plat thereof recorded in Volume 2007, Page 458 of the Plat Records of Collin County, Texas;
THENCE S 89°41’55” W with the north line of said Lot 1, and passing a 1″ Pipe at a distance of 23.94′ and continuing on for a total distance of 256.37′ to a 5/8″ iron rod found for the northwest corner of said Lot 1;
THENCE S 00°14’53” E with the west line of said Lot 1 a distance of 170.43′ to a 5/8″ iron rod found for corner in the north line of a called 5.000 conveyed to Peter Boidock as recorded in Volume 2485, Page 575 of the Deed Records of Collin County, Texas;
THENCE S 89°36’59” W a distance of 3796.62′ to a fence post found for the southeast corner of the called 148.703 acre tract of land;
THENCE N 00°31’21” Wa distance of 1600.64′ to a bolt found in fence post found for the northwest corner of the called 148.703 acre tract of land and said bolt being the southwest corner of a 153.177 acre tract of land as conveyed CCD-North Sky LLC in County Clerk No. 20210325000596630 Official Public Records of Collin County, Texas;
THENCE N 89q28’14” E with the south line of the called 153.177 acre tract of land a distance of 4067.07′ to a Mag Nail set for corner in Business 289;
THENCE S 00°00’19” W a distance of 1440.97′ to the POINT OF BEGINNING and containing 6,475,456 Square Feet or 148.656 acres of land.
Exhibit B
Depiction of Property
Exhibit C
Concept Plan
Exhibit D
Development Regulations
Concept Plan:
The subject property shall generally develop per the attached Concept Plan. The Concept Plan displays the general location and configurations of streets, lotting patterns, and other infrastructure and
amenities, all of which can be adjusted for pragmatic purposes at time of permitting. Such modifications shall not be unreasonably withheld but are subject to review and approval by the Director of Development Services. Nothing on the Concept Plan precludes the administration of Engineering requirements, such as detention, right-of-way dedication, or any other design regulation.
Architecture:
The subject property is an architecturally, historically, and culturally significant tract of land that is meaningfully located along a regionally significant thoroughfare; thus, all structures shall abide by the City’s architectural standards, and as may be amended.
Amenities & Open Space:
• Trails shall generally be provided along the gas easement, perimeter rights-of-way, and around detention ponds per City regulations, in addition to meeting all other connectivity and internal
pedestrian requirements.
• The City agrees that the development is abiding by the vision outlined in the Neighborhood Vision Book (NVB),perthe attached Concept Plan.
o The overall open space shall not be less than 15% of the gross area of the Property.
• Being part of the existing North Sky community, just 1 amenity location with an open-air pavilion for shade, seating, and a playground is required for the single-family tract.
Land Use & Design Standards:
Development of the subject property shall abide by all standards in the Zoning Ordinance, Subdivision Regulations, and all other applicable City ordinances, as may be amended, except as follows. The subject property is generally split into 3 different tracts and shall abide by all applicable design standards.
SF-R Tract:
• The percentage lot requirements may vary up to 10% as noted in the single-family lot summary table as shown on Exhibit C.
• SF-R is generally allowed west of the gas easement and east of the SF-E tract, per the below lot mix and concept plan:
o 55′ and 60′ wide lots are allowed and will have front-loaded garages
o 40′ wide lots are allowed and will be alley served
• For all residential types, the following general area regulations apply:
o The lot widths are measured along the arc of the front building line,
o For cul-de-sac and eyebrow lots, the minimum lot width measured at the right-of-way line shall be 35′.
• Approximately 36 large lots are envisioned on the western portion of the SF-R tract.
• The minimum lot width is 80′ or must be at least 11,000 sf in area.
• This area may have a single point of access (without triggering the residential sprinkler requirement)
if the total lot count is 36 or fewer lots.
Flex Tract (east of the gas easement):
• Minimum 5 acres reserved for C (Retail, Office, & Commercial).
• SF-A is an allowed use.
• Maximum of 180 units of MF-0.
Regulations for MF 0 (Horizontal Multi-Family):
The Development shall meet the standards in the Subdivision Regulations and the Zoning Ordinance, as may be amended, except as follows:
• Maximum overall density of 12 units/per acre.
• Maximum building height is 36′ and two (2) stories.
• No gates crossing the fire lanes are allowed.
• Parking shall be a minimum of 1.5 per unit.
• All units shall be 80% brick or stone, with the remainder allowed to be stucco or cementitious fiber-
board.
