HomeMy WebLinkAboutOrd 892-2021 Amending Code Ch 9, Article 9.02 Subdivision RegulationsCITY OF ANNA, TEXAS
ORDINANCE NO. g!U ,- .AOa i
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S CODE OF
ORDINANCES BY AMENDING CHAPTER 9 (PLANNING AND DEVELOPMENT
REGULATIONS); 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 subdivision of land and signs in the City and its extraterrirotial
jurisdiction, and zoning in the City; 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 and have held the public hearings as
required by law and afforded a full and fair hearing to all interested persons, the City Council has
concluded that Article 9.02 Subdivision Regulations, Article 9.04 Zoning Ordinance, and Article
9.05 Signs 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 THATff
.
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
In accordance with Article 1.01 of the Anna City Code of Ordinances ("Anna Code"), Chapter 9
(Planning and Development Regulations) are hereby amended as follows.
ARTICLE 9.02 SUBDIVISION REGULATIONS
Sec, 9.02.016 Definitions
Lot or lot of record means a divided or undivided tract or parcel of land
having frontage on a public or Drivate street
1 Additionally, throughout Chapter 9 (Planning and Development Regulations), this Ordinance shall permit Franklin Publishing to
update references as necessary, such as:
The numbering of Appendix 3. Descriptions/Definitions and any references to them in Appendix 2. Schedule of Uses and
throughout the Zoning Ordinance.
and which is, or which may in the future be,
offered for sale, conveyance, transfer or improvement; which is
designated as a distinct and separate tract; and which is identified by
a tract or lot number or symbol in a duly approved subdivision plat
which has been properly filed of record at the county.
[•]
Sec. 9. 02.081 Streets
(c) Adequacy of streets and thoroughfares.
(4) Approach streets and access. All subdivisions must have at
least two points of vehicular access, and must be connected via
improved streets (streets that meet the city standards) to the
city's improved thoroughfare and street system by one or more
approach streets of such dimensions and improved to such
standards as required herein. All residential subdivisions shall
provide no less than one entrance for each 50 lots including
stubs for future development and in no case shall have more
than 150 lots for each connection to an existing street.
Sec. 9.02.087 Lots
•- • -• • • . •- .•-• - .-ClUUCOO I4JL=
public safety vehicles. EaGh resideRtial let the
-
subdivisgen shall have a .. . .. ..fteRtage (measured at
the prepeFty .0
...let shall have a MiRMUM
frentage..appreved private
aGGess of at least 50 feet, unless ether previrsions have
(b) Minimum frontage on a public street. Each lot on a subdivision plat
shall front onto a dedicated, improved public street,
2
unless platted as an approved private
street subdivision in accordance with these subdivision regulations. All
lots shall have a minimum of 40 feet of frontage along the property line
of a dedicated, improved street er asseSS unless other provisions have
been authorized under article 9.04 or an approved planned
development district.
Sec. 9.02.135
(c) General requirement: Dedication of land and payment of park
development fee.
(3) Impractical size. The city council declares that development of
an area of less than five acres for neighborhood park purposes
is impractical. Therefore, if fewer than 665 250 dwelling units
are proposed by a plat filed for approval, the city council may
require the developer to pay the applicable cash in lieu of land
amount, as provided in subsection (4) 01 below.
(d) Cash in lieu of land.
(1) Requirement. A developer responsible for land dedication
under these subdivision regulations shall be required, at the city
council's option, to meet the dedication requirements in whole
or in part by a cash payment in lieu of land, in the amount set
forth below. Such payment in lieu of land shall be made prier to
the iGS Konno of a building permit Whore nn b ail diRg permit is
requi ed,theToo shall be pair) prior to filing of the final plat for
record.
(2) Fee. The cash payment in lieu of land dedication shall be met
by the payment of a fee set from time to time by ordinance of
the city council sufficient to acquire neighborhood park land.
Cash payment fees in lieu of land dedication are found in the
fee schedule in appendix A of this code. Such fee shall be paid
by the developer prior to filing of the final plat for properties
located within the ETJ.
(3) Park develeper development fee. A cash payment in lieu of
land dedication, as set forth in this section, does not relieve the
3
developer of its obligation to pay the park development fee set
forth in subsection (c)(4) above. The cash payment in lieu of
land dedication is in addition to the required park development
fee.
Sec. 9. 02.166
(c) Retaining wall maintenance. Retaining walls shall be maintained by
the owner of the property where such retaining wall is located or HOA
as designated by the recorded final plat and/or applicable
declarations covenants and/or deed restrictions. If an HOA is
designated and is later dissolved ownership reverts back to the owner
of the prop@A r...
ARTICLE 9.04 ZONING ORDINANCE
Sec. 9.04.030 THOR Thoroughfare Overlay District
(a) General purpose and description. This district is designed to provide for
greater safety, larger development sites, and enhanced aesthetics in
high traffic volume areas adjacent and/or in close proximity to major
thoroughfares.
(b) Definition. The regulation of this overlay district shall apply to new
development and redevelopment located wn the greater of a
geographic buffer extending outward 500 feet perpendicularly from the
right-of-way, or to the back of abutting adjacent lots, for those portions
of the following scheduled thoroughfares located within the city limits:
(1) U.S. Highway 75.
(2) White Street (FM 455).
(3) Powell Parkway (SH 5).
(4) Sam Rayburn Memorial Highway
(5) Collin County Outer Loop.
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{9 Height and area regulations apply to all THOR streets unless specified
or restricted herein.
(1) Building lots along U.S. Hiqhway 75, Sam Rayburn Memorial
Highway (SH 121), and Collin County Outer Loop shall be a
minimum of one acre.
(2) Minimum lot width shall be 100 feet.
(3) Front yard setbacks shall be a minimum of 50 feet.
(4) Side yard setbacks along U.S. Highway 75, Sam Rayburn
Memorial Highway (SH 121), and Collin County Outer Loop shall
be a minimum of 10 feet.
(5) Driveway entries and exits on the same tract shall be separated
Dy at least 150 feet.
{g-}� Masonry regulations.
(1) Except as otherwise authorized in this section, the exterior walls
(excluding doors, door frames, windows, and window frames) of
buildings in the THOR district shall use only stone, brick, and/or
split face concrete masonry units (CMU) in the construction of
the exterior facade that is visible to the public. The use of other
high-quality materials for building trim, architectural decoration,
and other design elements shall not be precluded; however, they
are subject to approval by the zoning administrator and should
contribute to the overall design concept.
(2) Where the function of an individual business, or the recognized
identity of a brand dictates a specific style, image, or building
material associated with that company, the masonry provision
may be modified; however, the development shall maintain
harmony in terms of overall project design and appearance, and
such design shall be subject to approval by the city council after
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{g-}� Masonry regulations.
(1) Except as otherwise authorized in this section, the exterior walls
(excluding doors, door frames, windows, and window frames) of
buildings in the THOR district shall use only stone, brick, and/or
split face concrete masonry units (CMU) in the construction of
the exterior facade that is visible to the public. The use of other
high-quality materials for building trim, architectural decoration,
and other design elements shall not be precluded; however, they
are subject to approval by the zoning administrator and should
contribute to the overall design concept.
(2) Where the function of an individual business, or the recognized
identity of a brand dictates a specific style, image, or building
material associated with that company, the masonry provision
may be modified; however, the development shall maintain
harmony in terms of overall project design and appearance, and
such design shall be subject to approval by the city council after
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recommendation from the planning and zoning commission.
(3) The front facade only (excluding doors, door frames, windows,
and window frames) of municipal government buildings shall be
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required to consist of 100 percent masonry (stone, brick, and/or
split face CMU).
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Sec. 9.04.033 Special uses
(1) Location on lot. VPatio home developments shall
be developed as zero lot line homes. One side yard shall be
reduced to zero feet, while the other side yard shall be
increased to a minimum of 10 feet. A minimum t-bree-five-foot
wide maintenance easement shall be placed on the adjacent lot
to enable the property owner to maintain his house. Side yards
and maintenance easements shall be placed on the subdivision
plat. A minimum separation between patio homes of 10 feet
shall be provided. The combined area of all structures shall not
exceed 65% of the lot area.
(4) Side yard setback. The minimum side yard shall be zero feet
except that there shall be at least 10 feet of separation between
structures. When ga�l� patio homes are constructed
with a zero side yard, five feet on the lot adjacent to the zero
setback shall be dedicated as an access easement for the zero
setback gar-dee-(-patie) patio home. There shall be a minimum
of 20 feet from any property line adjacent to a street.
(5) Lot frontage. The minimum frontage of any �-{{�a#fa-}-patio
hU1 e shall be 25 feet on residential streets and 35 feet on
collector and thoroughfare streets.
(6) Lot area. The minimum lot area for any development lot for
patio homes shall be 2,800 feet.
(I) Sale of alcoholic beverages
(6) It shall be unlawful for any person who operates an alcoholic
beverage store to sell alcoholic beverages within 300 feet of
any existing day-care or child-care facility. The measurement of
the distance between said alcoholic beverage store and the
day-care center or child-care facility shall be in a direct line
from the property line of said alcoholic beverage store to the
property line of the day-care center or child-care facility. For the
purposes of this subsection and subsections (7) and (8), below,
the terms "day-care center" and "child-care facility" have the
meanings defined under section 42.002, Texas Human
Resources Code.
(7) Subsection tft7W(6) of this section only applies to a permit or
license holder under chapter 25, 28, 32, 69, or 74 of the Texas
Alcoholic Beverage Code who does not hold a food and
beverage certificate. Subsection M(6) does not apply to a
permit or license holder who sells alcoholic beverages if:
(A) The permit or license holder and the day-care center or
child-care facility are located on different stories of a multi-
story building; or
(B) The permit or license holder and the day-care center or
child-care facility are located in separate buildings and
either the permit or license holder or the day-care center
or child-care facility is located on the second story or
higher of a multi -story building.
(9) An establishment that derives 75% or more of the
establishment's gross revenue from the sale of alcoholic
beverages for on -premises consumption may not be located
within a THOR Thoroughfare Overlay District
as "era; pas aredefinedin this
article, as amended.
(n) Drive throu_ghs
(1) Drive throughs with individual service speakers shall not be
permitted within 150 feet of any residential district unless the
speaker is appropriately screened by a sound abatement
system. The planning & zoning commission may recommend
and the city council require wing walls, landscape screens,
changes in building_ orientation, and/or other design elements to
screen and provide noise abatement in order to minimize the
impact of individual service speakers on residential districts.
(2) A stacking space shall be an area on a site measuring 9 feet by
20 feet with direct forward access to a service window or station
of a drive-through facility which does not constitute space for
any other circulation driveway, parking space, or maneuvering
area. An escape lane shall be an area measuring a minimum of
11 feet wide that provides access around the drive-through
facility. An escape lane may be part of a circulation aisle.
E:3
(A) For drive-through restaurants, the minimum stacking
space for the first vehicle stop shall be 100 feet and 40
feet thereafter for any other stops. An escape lane shall
be provided parallel to the drive-through lane from the
beginning of the drive-through lane to the pick-up
window.
(B) For dry cleaners, banks and financial services,
pharmacies, and retail uses with drive-through facilities,
a minimum of 5 total stacking spaces shall be required if
one or 2 drive through lanes are provided. For 3 or more
drive through lanes, a minimum of 4 total stacking
spaces shall be required. An escape lane shall be
provided in all instances.
(C) For kiosks, a minimum of 2 stacking spaces for each
service window shall be provided.
[Sam]
Sec. 9.04.037 Park space regulations
(a) Automobile parking space regulations. Whenever any ordinance,
regulation, or plan enacted or adopted by the city council is for the
purpose of providing off-street automobile parking spaces or of
establishing requirements that such spaces be provided within any
section or sections of the city, then such plan or requirements shall
govern within such sections. Otherwise, off-street automobile parking
spaces shall be provided as follows, applicable to buildings hereafter
erected and uses hereafter established, to such nonconforming uses
as may be required to conform to the regulations hereof, and to
extensions and enlargements of buildings and uses.
(1) Except as otherwise provided in this section, off-street parking spaces
shall be provided as follows:
Land Use
Minimum
Additional Provisions
Commercial uses
Amusement facilities
10 per 1000 sf GFA
10001
Banks and financial
3.5 per 1000 sf GFA
services
yehiG'86 per drive_
thre gh laRe
See Sec. 9.04.033 n
E
Bars and pubs;
brewpubs, private clubs,
and tasting rooms
Brewery, Distillery,
Winer
Dry cleaners
L �
Gyms, spas, studios.,
Restaurants;
xrWMWMIMv
10 per 1,000 sl GFA
2 per 1,000 sf GFA
4 per 1000 sf GFA
8 per 1000 sf GFA
10 per 1,000 sf GFA;
Parkina may be reduced
during site plan review to
no less than 3 per 1,000
sf GFA by the planning
& zoning commission for
drive through service
APPENDIX 2. Schedule of Uses
Table 1. Residential uses
See tasting room for
areas where customers
drink or sample th
%k
e Sec. • 0,
- Virouaiis
See below: Swimming
_A A
rW WOMW�2OW&WI
e Sec. • 0,
ve throughs
Usee of I Def * (qG I SE I S1 84 172 (60 I Z I TH I MH I M2 I TF I M1 I M2
E�arden
3.1.7
�3
Patio
home (2)
10
r���y���,.,
.
�T.'S1l1
Usee of I Def * (qG I SE I S1 84 172 (60 I Z I TH I MH I M2 I TF I M1 I M2
E�arden
3.1.7
�3
Patio
home (2)
10
*The number in this column references adescription/definition listed in
appendix 3.
(1) See section 9.04.033(h) for additional regulations.
(2) See section 9.04.033(e) for additional regulations.
Table 2. Educational, Institutional, and special uses
Type of Use
[...]
C-1
NC
C-2
CBRD
C-3
O-1
I-1
Zere-let
301029
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he se
r-Tvcrv�
[...]
*The number in this column references adescription/definition listed in
appendix 3.
(1) See section 9.04.033(h) for additional regulations.
(2) See section 9.04.033(e) for additional regulations.
Table 2. Educational, Institutional, and special uses
Type of Use
Def *
C-1
NC
C-2
CBRD
C-3
O-1
I-1
I-2
uo�l+-ham'
�6
[ ]
Table 5. Office, retail, commercial and service type uses
Tvne of Use Def * C-1 NC C-2 CBRD C-3 0-1
Amusement, 3.5.3a
commercial
(indoor)
[ ... ]
Barber-sheq 3.5.8a
Beauty -9 ep3.5.9a
[ w a 6 ]
!
R -alley 3.5.39
S
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u
ifd
12
[']
Brewpub or
Wine 1
3.5.##
S
S
Y
—
Y
—
Y
—
Y
—
Y
—
[l
Custom
peFSGRal
wise hep
Y
Y
Y
Y
Y
eeedleweFk,
TTU
st3ep
Y
Y
Y
Y
Y
Y
[ ... ]
Gymnastic or
dance studios
health club
3.5.##
Y
Y
Y
Y
Y
S
['l
Uanr ndGraft+
Y
Y
Y
Y
Y
d
[ ]
Intradermal
3.5.XX
S
—
S
—
S
—
S
—
S
—
Y
—
Studio
Personal
service shop
3.5.36
Y
Y
—
Y
Y
Y
S
—
Private clubs
(1)
3.5.##
S
S
SS
S
RaGqUetball
faGilities
3.5.43
S
Y
Y
Y
Y
Restaurant or
cafeteria;
with drive in
GF drove -
h
3.5.44
e
Y
Is
Y
Y
S
Y
S
Y
Y
12
nafv
a-
1
w4heut die-
3v5244
Y
Y
Y
Y
Y
4-n or drive-
b
threugh
SeFVIGe
STtaurant,
' G ^A
sePAGne
e
t,
Restaurant,
d
G erVIGe
7GT'T
[']
TRRiRg
Galen
T
T
T
T
Tasting Room
3.5.##
S
Y
Y
Y
Y
Y
—
—
—
—
—
—
[ ... ]
Veterinarian
clinic
3.5.##
S
S
S
Y
Y
S
(no outside
pens)
Veterinarian
clinic (outside
3.5.##
S
Y
S
pens)
See Sec. 9.04.033 Special Uses
Table 6. Manufacturing, storage and warehousing uses
Type of Use
Def *
C-1
NC
C-2
CBRD
C-3
0-1
1-1
1-2
[I]
APPENDIX 3. Descriptions/Definitions
3.1 Residential uses
3.1.7 en��a}-Patio home: Asingle-family dwelling, detached
residence allowed to have little or no side yard on one side, built in
accordance with standards set out in Section 9.04.33(e), where the wall on
that side has no doors, windows, or other openings and which otherwise
qualifies for a one-hour fire rating as defined in the building code.
.. . .. .. ..
.. -•-
3.5 Retail and service type uses
3.5.3a Amusement, commercial (indoor): An establishment providing for
activities, services and instruction for the entertainment, exercise and
improvement of fitness and health of customers, clients or members but not
including hospitals, clinics, massage parlors or arcades. Uses would typically
include bowling alleys, escape rooms, ice or roller skating rinks,
nd handball GGUFtS, iRdeer tenRiG GeW46, weight lifting and nautilus ,
eXerG+se areal, swimmiRg peels and spas, bingo parlors, martial arts,
i8
3.5.## Brewpub or Winery: A restaurant or other facility that manufactures
alcoholic beverages including but not limited to beer, wine or liquor for eith
14
on-premises or off-premises retail and wholesale and consumption in
quantities not considered industrial or large-scale production as determined
by the City Manager or designee. The business must hold one of the
following licenses or permits from the Texas Alcoholic Beverage
Commission: Winery Permit (G) or Brewpub License (BP); See Sec.
9.04.033 Special Uses, (1) Sale of Alcoholic Beverages;
3.5.16 Gustem ners }al seFVOGP shepw I��nnlrror��Svnhvn- uses ass taailer, shoe
health
Fepair, barber beauty shop, studie, OF tFaVel '
[']
3.5.22 Food beverage store. An establichmeRt �gagnrl�in the colo of feed nr
fTf T ri �CiT�O'T-,,f'� O-Q-�-,,�T
hPvy"" of kind otseever fer eff GGRS 1roptleR.
aRy pFerniGeS
d ^��-nvt=n nlude tia 'aur'arnrt$ that derive int ie t Q(1
iiia
A of
gFess
from of feed for nn_nromiseS nonce imntion
reyeR
a ale and beVeFltgeS
L]
3.5.## Gymnastic/dance studio and health club: An establishment that
provides exercise facilities such as running, ]ogging, aerobics, weightlifting,
indoor/outdoor sports courts, and swimming, as well as locker rooms,
showers, and saunas. Uses would typically include racquetball and handball
courts, tennis courts, weightlifting and exercise equipment facilities, exercise
areas, swimming pools and spas, martial arts, classrooms and/or practice
areas, gymnasiums and running or jogging tracks. This shall not include
municipal or privately owned, access-only recreation buildings.
3.5.XX Intradermal Studio (Body Piercing, Permanent Cosmetics, and
Tattooing): The practice of producing an indelible mark or figure on the human
body by scarring or inserting pigment under the skin using needles, scalpels,
or other related equipment.
[]
3.5.36 Personal service shop: An establishment primarily engaged in
providing services generally involving the care of the person or his apparel
including but not limited to barber and beauty shops, dry cleaning and
laundry pickup stations, intradermal cosmetics, shoe repair, tanning salon, or
tailor . Intradermal Studio services may be
offered as an accessory service.
15
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pens in which dogs and/or other domesticated animals are housed during the
day or overnight, groomed, bred, boarded, exercised, trained, or sold for
commercial purposes as well as examination and medical treatment. Animal
transportation service may be provided. Fenced outdoor space may be
provided with appropriate screening. The planning & zoning commission may
recommend and the city council may require wing walls, landscape screens,
changes in building orientation, and/or other design elements to screen and
provide noise abatement in order to minimize the impact of noise and odor
on surrounding uses.
3.5.## Veterinarian clinic (outside pens): An establishment with outdoor pens
in which des and/or other domesticated animals are housed, groomed,
bred, boarded, trained, or sold for commercial purposes as well as
examination and medical treatment. The planning & zoning commission may
recommend and the city council may require wing walls, landscape screens,
changes in building orientation, and/or other design elements to screen and
provide noise abatement in order to minimize the impact of noise and odor
on surrounding uses.
3.6 Manufacturing, storage, and warehouse uses
3.6.## Brewery/Distillery: The production of beer, wine and/or liquor at
industrial quantities and internal large-scale commercial distribution.
APPENDIX 4. Food and beverage overlay dim
17
ARTICLE 9.05 SIGNS
Sec. 9.05.008 Exemptions
The following signs and related objects are generally allowed to be erected
and publicly displayed at any location within the city's municipal boundaries
or its extraterritorial jurisdiction, except as otherwise specifically proscribed
within these sign regulations, and a city -issued sign permit is not required in
order to erect and display any of the following signs unless specifically set
forth in this section.
(6) Flags of governmental, nonprofit and/ tax-exempt organizations;
preyided that the flan does not eXG8e J 5 foot in height, Flag poles
must follow the height and setbacks of the zoning district it is within.
Flaa poles are exemot from setbacks when part of a Class 6 monument
sI
gn or entry feature.
Sec. 9.05.086 Summary of districts
Table 3. Residential Districts (Single- and Multi -Family)
* Refer to division 2 of this article.
19
Fermissibl
Max.
Max.
Districts
Max. Height
e Classes
Area
Number
Single-family
15 31 4
and duplex
2 per
district
Subdivision
24 32 sq.
6 fto
adjacent
sign
fts
public street
Educational
Bulletin
board
25 s ft.
q'
Below roof line
1 per building
institutions
Attached
12 inch
Below roof line
1 per building
sign
letter
Public,
Free -
sq.
charitable, or
standing
ft4
6 ft.
1 per site
religious
sign
institutions
Attached
sign
24 sq. ft.
Below roof line
1 per site
1,3,4
1 of either
Apartment
class per
district
5
25 sq. ft.
8 ft.
adjacent
public street
8 ft. below roof
7
40 sq. ft.
line
* Refer to division 2 of this article.
19
** Religious institution - 60 square feet.
Class nor signs; Class 2—Window signs; Class 3—Traffic-related signs;
Class 4—Temporary promotional signs; Class 5—Major free-standing signs;
Class 6—Monument signs; Class 7—Major attached signs
Section 3. Savings, Repealing and Severability Clauses
Itis 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 4. 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 the lesser of $2,000 or the highest amount allowed by
applicable law for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council 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 26th day of January
ATTESTED:
APPROVED:
2021.
20
Carrie L. Land, City Secretary
Mayor
21
CyEtilMIMAMiJRA3
CITY COUNCIL
January 26, 2021
Agenda Item Text Amendments
DESCRIPTION:
Request a recommendation to amend Article 9.02 Subdivision Regulations, Article 9.04 Zoning
Ordinance, and Article 9.05 Signs of Chapter 9 Planning & Development Regulations of the City
of Anna Code of Ordinances in order to amend various sections in order to improve staff
efficiency, modernize language, and provide general clean-up of regulations.
REMARKS:
One of the Planning &Zoning Commission's duties is to hold public hearings and make
recommendations to the city council relating to the creation, amendment, and implementation of
zoning regulations. Changes to the zoning regulations may only be amended by ordinance which
requires a public hearing before the Planning & Zoning Commission and City Council.
The Planning &Zoning Commission held a public hearing at the January 4, 2021 and
recommended approval, 6 - 0 in favor of the amendment request with recommended changes to
clarify language.
ITEMS:
a. Minimum frontage requirement
b. Retaining wall ownership
c. Clarify "Impractical size" and fee collection for Park Land Dedication
J* Consistency with the Texas Alcoholic Beverage Code (TABC), Chapter 109 Miscellaneous
Regulatory Provisions
e. Thoroughfare Overlay District
f. Food and beverage overlay district
g. Uses: garden (patio) homes & zero -lot line
h. Uses: indoor commercial amusement, health club, gymnasiums, gymnastic or dance
studio
i. Uses: restaurants, private clubs, brewpubs, tasting rooms, wineries, and breweries
j. Uses: personal service shops
k. Uses: veterinarian clinics
I. Flag Poles
m. Subdivision signage maximum copy area
Page 1 of 28
SUMMARY:
The requested amendments to the subdivision regulations, design standards, zoning ordinance,
and landscape regulations will improve staff efficiency, clarify the City's development regulations
and standards, and reduce costs to neighbors, developers, and property owners.
RECOMMENDATION:
Recommended for approval as follows: (additions are indicated in underlined text; deletions are
indicated in strikethrough text; text in bold following each is an explanation for the change and is
not part of the ordinance language).
a. Minimum frontage requirement
Sec. 9.02.016 Definitions
Lot or lot of record means a divided or undivided tract or parcel of land having frontage
on a public or private street er etheF feFrn ef approved P61bliG er private aGGess,
and which is, or which may in the future be, offered for sale, conveyance, transfer
or improvement; which is designated as a distinct and separate tract; and which
is identified by a tract or lot number or symbol in a duly approved subdivision plat
which has been properly filed of record at the county.
Sec. 9.02.081 Streets
(c) Adequacy of streets and thoroughfares.
(4) Approach streets and access. All subdivisions must have at least
two points of vehicular access, and must be connected via
improved streets (streets that meet the city standards) to the city's
improved thoroughfare and street system by one or more
approach streets of such dimensions and improved to such
standards as required herein. All residential subdivisions shall
provide no less than one entrance for each 50 lots including stubs
for future development and in no case shall have more than 150
lots for each connection to an existing street.
frQnt-2ge (measyFed at the property line) ef at leas...
Page 2 of 28
Sec. 9.02.087 Lots
(b) Minimum frontage on a public street. Each lot on a subdivision plat shall
front onto a dedicated, improved public street,
private assess unless platted as an approved private street subdivision in
accordance with these subdivision regulations. All lots shall have a
minimum of 40 feet of frontage along the property line of a dedicated,
improved street erasses-s unless other provisions have been authorized
through the Zoning Ordinance or a planned development district.
Frontage along a Public or Private Street
As large tracts are divided and developed, the creation of lots that do not have
direct access and/or frontage onto a dedicated, improved public or private street
should be avoided. In certain situations, such as property along TXDOT roadways,
there will be times when a driveway will not be permitted. However, the lot should
still have frontage along a street.
Allowing lots to meet the frontage requirement by only having frontage on an
access easement creates difficulty for addressing which will lead to an issue for
public safety response. Additionally, a lot that does have frontage on a road
creates a problem for signage as off-site signage is not permissible and major=
freestanding sign regulations are based on the size of the right-of-way frontage.
Minimum Frontage Requirement
The current frontage requirements contain conflicting direction, complicate
addressing, and are not in conformance with zoning requirements for certain
zoning districts.
The Subdivision Regulations currently state that every lot shall have 40 feet of
frontage for residential and 50 feet for nonresidential. The Townhome District (SF-
TH) and the Central Business Redevelopment District (CBRD) each have a
minimum lot width requirement of 25 feet and the Office District (O-1) district does
not have a minimum lot width requirement. For the purpose of development in the
extraterritorial jurisdiction, staff recommends keeping the 40 -foot minimum lot
width in the Subdivision Regulations but also noting that Zoning within the city
limits supersedes this regulation.
Page 3 of 28
b. Retaining wall
Sec. 9. 02.166
(c) Retaining wall maintenance. Retaining walls shall be maintained by the owner of
the property where such retaining wall is located or HOA as designated bV the
recorded final plat and/or applicable declarations, covenants and/or deed
restrictions.. If an HOA is designated and is later dissolved ownership reverts
back to the owner of the property.
The current regulation states that property owners are the sole responsibility of
retaining walls. Walls that are over 4 feet in height are typically maintained by a
private Homeowners' Association as it provides benefit to more than the single
property owner.
Page 4 of 28
c. Clarify City's definition of "Impractical size" and collection of fees for Park Land
Dedication
Sec. 9. 02.135 Park land and public facility dedication
(c) General requirement: Dedication of land and payment of park
development fee.
(3) Impractical size. The city council declares that development of an
area of less than five acres for neighborhood park purposes is
impractical. Therefore, if fewer than 66&5 250 dwelling units are proposed
by a plat filed for approval, the city council may require the developer to
pay the applicable cash in lieu of land amount, as provided in subsection
{4) (d) below.
(d) Cash in lieu of land.
G •]
(1) Requirement. A developer responsible for land dedication under
these subdivision regulations shall be required, at the city council's
option, to meet the dedication requirements in whole or in part by
a cash payment in lieu of land, in the amount set forth below.
Such payment in lieu of land shall be made prior to the iGGUaRGe
Af h, iildirig permit. WheFe Re building permit is required, the fee
shall be paid prior to filing of the final plat for record.
(2) Fee. The cash payment in lieu of land dedication shall be met by
the payment of a fee set from time to time by ordinance of the city
council sufficient to acquire neighborhood park land. Cash
payment fees in lieu of land dedication are found in the fee
schedule in appendix A of this code. Such fee shall be paid by the
developer prior to filing of the final plat.
The 665 dwelling units is not equivalent to five acres. Five acres would be required for
dedication of 250 dwelling units. 665 dwelling units would require 13.3 acres of
dedication. For comparison, Sherley Heritage Park is approximately 1.5 acres
including the water tower and storage tanks.
The reference to subsection 4 should be a reference subsection d which explains the
process of payment in lieu of park land dedication. The Cash in lieu of land fee would
be easiest to track during the building permitting process rather than when the final
plat is recorded.
Page 5 of 28
d. Update Zoning Ordinance for consistency with the Texas Alcoholic Beverage Code
(TABC), Chapter 109 Miscellaneous Regulatory Provisions
Sec. 9.04.033(1) Sale of alcoholic beverages
(6) It shall be unlawful for any person who operates an alcoholic beverage
store to sell alcoholic beverages within 300 feet of any existing day-care
or child-care facility. The measurement of the distance between said
alcoholic beverage store and the day-care center or child-care facility
shall be in a direct line from the property line of said alcoholic beverage
store to the property line of the day-care center or child-care facility. For
the purposes of this subsection and subsections (7) and (8), below, the
terms "day-care center" and "child-care facility" have the meanings
defined under section 42.002, Texas Human Resources Code.
(7) Subsection {)OI (6) of this section only applies to a permit or license
holder under chapter 25, 283 32, 69, or 74 of the Texas Alcoholic
Beverage Code who does not hold a food and beverage certificate.
[...]
TABC 109.331 defines the distance measurement as from property line to property
line for day-care centers. This amendment will align with the TABC code.
Correction of numbering error for subsection 7.
Page 6 of 28
e. Thoroughfare Overlay District
Sec. 9.04.030 THOR Thoroughfare Overlay District
(a) General purpose and description. This district is designed to provide for greater
safety, larger development sites, and enhanced aesthetics in high traffic volume
areas adjacent and/or in close proximity to major thoroughfares.
(b) Definition. The regulation of this overlay district shall apply to new development
and redevelopment located within the greater of a geographic buffer extending
outward 500 feet perpendicularly from the right-of-way, or to the back of abutting
adjacent lots, for those portions of the following scheduled thoroughfares located
within the city limits:
(1) U.S. Highway 75.
(2) White Street (FM 455).
(3) Powell Parkway (SH 5).
(4) Sam Rayburn Memorial Highway (SH 121).
(5) Collin County Outer Loop.
rOYAM
n
4e}(c) Height and area regulations apply to all THOR streets unless specified or restricted
hPrPin_
(1) Building lots along U.S. Highway 75. Sam Rayburn Memorial Highway (SH
121), and Collin County Outer Loop shall be a minimum of one acre.
(2) Minimum lot width shall be 100 feet.
(3) Front yard setbacks shall be a minimum of 50 feet.
(4) Side yard setbacks along U.S. Highway 75. Sam Rayburn Memorial
Highway (SH 121), and Collin County Outer Loop shall be a minimum of
10 feet.
(5) Driveway entries and exits on the same tract shall be separated by at least
150 feet.
Page 7 of 28
n
4e}(c) Height and area regulations apply to all THOR streets unless specified or restricted
hPrPin_
(1) Building lots along U.S. Highway 75. Sam Rayburn Memorial Highway (SH
121), and Collin County Outer Loop shall be a minimum of one acre.
(2) Minimum lot width shall be 100 feet.
(3) Front yard setbacks shall be a minimum of 50 feet.
(4) Side yard setbacks along U.S. Highway 75. Sam Rayburn Memorial
Highway (SH 121), and Collin County Outer Loop shall be a minimum of
10 feet.
(5) Driveway entries and exits on the same tract shall be separated by at least
150 feet.
Page 7 of 28
4e}(c) Height and area regulations apply to all THOR streets unless specified or restricted
hPrPin_
(1) Building lots along U.S. Highway 75. Sam Rayburn Memorial Highway (SH
121), and Collin County Outer Loop shall be a minimum of one acre.
(2) Minimum lot width shall be 100 feet.
(3) Front yard setbacks shall be a minimum of 50 feet.
(4) Side yard setbacks along U.S. Highway 75. Sam Rayburn Memorial
Highway (SH 121), and Collin County Outer Loop shall be a minimum of
10 feet.
(5) Driveway entries and exits on the same tract shall be separated by at least
150 feet.
Page 7 of 28
INS
..
{g}(d) Masonry regulations.
(1) Except as otherwise authorized in this section, the exterior walls (excluding
doors, door frames, windows, and window frames) of buildings in the THOR
district shall use only stone, brick, and/or split face concrete masonry units
(CMU) in the construction of the exterior facade that is visible to the public.
The use of other high-quality materials for building trim, architectural
decoration, and other design elements shall not be precluded; however,
they are subject to approval by the zoning administrator and should
contribute to the overall design concept.
(2) Where the function of an individual business, or the recognized identity of
a brand dictates a specific style, image, or building material associated with
that company, the masonry provision may be modified; however, the
development shall maintain harmony in terms of overall project design and
appearance, and such design shall be subject to approval by the city
council after recommendation from the planning and zoning commission.
(3) The front facade only (excluding doors, door frames, windows, and window
frames) of municipal government buildings shall be required to consist of
100 percent masonry (stone, brick, and/or split face CMU).
11 illillillilljllllllllillillilillfffg!fp
I III A 11 11 A; "'AlFaMpAna am
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AM
The purpose of an overlay district is to provide design standards above and beyond the
zoninU district for specific corridors. Appendix 2. Schedule of uses does not have the
THOR overlay district as a separate column therefore subsections c, d, and h are not
required. Similarly, subsection f and I do not provide additional standards.
Additionally, the one -acre lot requirement seems excessive for White Street (FM 455) and
Powell Parkway (SH 5) as both have existing properties less than one acre. It is not
uncommon for a commercial strip center or office complex to develop on one lot then in
the future to subdivide the lot for multiple property owners. The THOR overlay
regulations would not allow these types of properties to be subdivided although it would
be in conformance with the commercial zoning.
f. Food and beverage overlay district
Sec. 9.04.033 Special uses
(I) Sale of alcoholic beverages
(9) An establishment that derives 75% or more of the establishment's gross
revenue from the sale of alcoholic beverages for on -premises consumption
may not be located within a THOR Thoroughfare Overlay District ner an F -
as these areas are defined in this article,
as amended.
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
Page 9 of 28
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Sec. 9.04.033 Special uses
(I) Sale of alcoholic beverages
(9) An establishment that derives 75% or more of the establishment's gross
revenue from the sale of alcoholic beverages for on -premises consumption
may not be located within a THOR Thoroughfare Overlay District ner an F -
as these areas are defined in this article,
as amended.
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
Page 9 of 28
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Sec. 9.04.033 Special uses
(I) Sale of alcoholic beverages
(9) An establishment that derives 75% or more of the establishment's gross
revenue from the sale of alcoholic beverages for on -premises consumption
may not be located within a THOR Thoroughfare Overlay District ner an F -
as these areas are defined in this article,
as amended.
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
Page 9 of 28
ELLM
Sec. 9.04.033 Special uses
(I) Sale of alcoholic beverages
(9) An establishment that derives 75% or more of the establishment's gross
revenue from the sale of alcoholic beverages for on -premises consumption
may not be located within a THOR Thoroughfare Overlay District ner an F -
as these areas are defined in this article,
as amended.
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
Page 9 of 28
..
The Food -Beverage Overlay District applies to all districts designated as C-1, C-2, C-
3, I-1, I-2, CBRD and PD's (where commercial uses are allowed). This includes all
properties along current and future major throughfares zoned for commercial uses.
Additionally, there is a referenced Appendix 4 map. However, it is not supplemented
with corresponding text to clearly provide staff direction. The overlay states that it is
unlawful for any food beverage store to be constructed, erected or placed within 500
feet of another existing food -beverage store unless a special use permit is granted by
Council.
A Food -Beverage store is defined as an establishment engaged in the sale of food or
beverages of any kind for off -premises consumption. This definition does not include
Page 10 of 28
..•
FAA
a
..
The Food -Beverage Overlay District applies to all districts designated as C-1, C-2, C-
3, I-1, I-2, CBRD and PD's (where commercial uses are allowed). This includes all
properties along current and future major throughfares zoned for commercial uses.
Additionally, there is a referenced Appendix 4 map. However, it is not supplemented
with corresponding text to clearly provide staff direction. The overlay states that it is
unlawful for any food beverage store to be constructed, erected or placed within 500
feet of another existing food -beverage store unless a special use permit is granted by
Council.
A Food -Beverage store is defined as an establishment engaged in the sale of food or
beverages of any kind for off -premises consumption. This definition does not include
Page 10 of 28
The Food -Beverage Overlay District applies to all districts designated as C-1, C-2, C-
3, I-1, I-2, CBRD and PD's (where commercial uses are allowed). This includes all
properties along current and future major throughfares zoned for commercial uses.
Additionally, there is a referenced Appendix 4 map. However, it is not supplemented
with corresponding text to clearly provide staff direction. The overlay states that it is
unlawful for any food beverage store to be constructed, erected or placed within 500
feet of another existing food -beverage store unless a special use permit is granted by
Council.
A Food -Beverage store is defined as an establishment engaged in the sale of food or
beverages of any kind for off -premises consumption. This definition does not include
Page 10 of 28
restaurants that derive at least 90% of gross revenues from sale of food and
beverages for on -premises consumption"
Existing businesses that fall under this broad definition include any business that
sells alcoholic and non-alcoholic beverages for off -premises consumption
(Brookshire's, Walmart, CVS, Frazzy's, convenience stores, etc.). Additionally, most
of Anna's fast-food restaurants that have drive-through facilities typically lead to off -
premises consumption which would exceed the 10% allowance for off -premises
consumption for that business to be considered a restaurant.
The current regulations as written place additional restrictions and regulation
requirements on businesses looking to locate and operate within the city. This places
an unnecessary burden on commercial property owners and deters new businesses
from operating within the City of Anna. Additionally, the current regulations are
difficulty for staff and elected official to monitor and regulate as the city grows.
An example of the unintended consequences is if a local farmer wanted to open a
shop to sell their honey, they would be required to obtain a specific use permit in
order to operate within 500 feet of any existing grocery stores, specialty food retail
stores, or convenience stores.
Page 11 of 28
g. Uses: garden (patio) homes & zero -lot line
Sec. 9.0 4.033
(1) Location on lot. ���dep-(-patie� Patio home developments shall be
developed as zero lot line homes. One side yard shall be reduced to zero
feet, while the other side yard shall be increased to a minimum of 10 feet.
A minimum three -five-foot wide maintenance easement shall be placed
on the adjacent lot to enable the property owner to maintain his house.
Side yards and maintenance easements shall be placed on the
subdivision plat. A minimum separation between patio homes of 10 feet
shall be provided. The combined area of all structures shall not exceed
65% of the lot area.
(2) Front yard setback. The minimum front yard shall be 15 feet, provided
that in no case shall a garage or carport fronting onto a street be less
than 20 feet from the property line adjacent to the street. The front yard
setback may be staggered, varied, or reduced to a minimum setback of
10 feet for lots facing cul-de-sac or loop streets not exceeding 400 feet in
length, with the approval of a site plan or subdivision plat. Under this
provision the maximum setback shall be 25 feet. A minimum lot depth of
65 feet, as measured from front building line to rear lot line, shall be
maintained.
(3) Rear yard setback. The minimum rear yard shall be five feet for asingle-
story structure and 15 feet for any two-story structure. If access is from an
alley, the minimum setback will be 20 feet for garages or carports.
(4) Side yard setback. The minimum side yard shall be zero feet except that
there shall be at least 10 feet of separation between structures. When
garden (pat'G4
patio homes are constructed with a zero side yard, five feet
on the lot adjacent to the zero setback shall be dedicated as an access
easement for the zero setback gar.deR (pati^` patio home. There shall be
a minimum of 20 feet from any property line adjacent to a street.
(5) Lot frontage. The minimum frontage of any patio home
shall be 25 feet on residential streets and 35 feet on collector and
thoroughfare streets.
(6) Lot area. The minimum lot area for any development lot for garden e)
patio homes shall be 2,800 feet.
(7) Maximum length of structures. No zero lot line structure shall have an
overall length exceeding 250 feet.
(8) Maximum height of structures. No structure shall exceed two stories or 35
feet in height.
Page 12 of 28
(9) Parking. Two off-street spaces per dwelling unit plus 1/2 space per
dwelling unit for visitor parking within 600 feet of each dwelling unit. The
visitor parking requirements may be eliminated or reduced at the time of
site plan or subdivision plat approval with a finding that there is adequate
on -street parking for visitors.
(10) Common area maintenance. To insure the long-term maintenance of
common land and facilities in patio home developments, the following
shall be required:
(A) Plats and site plans shall be approved subject to the submission
of a legal instrument setting forth a plan or manner of permanent
care and maintenance of open spaces, recreational areas and
other communally owned facilities. No such instrument shall be
acceptable until approved by the city attorney as to legal form and
effect. A homeowners' association (HOA) is the most widely
accepted technique for managing commonly owned property.
Such association shall provide proof of incorporation prior to
issuance of a construction permit.
(B) The HOA or other similar management entity shall be organized
as a nonprofit corporation with automatic membership in the
management entity when property is purchased. This shall be
specified in the covenants which run with the land and which bind
all subsequent owners. Covenants for maintenance assessments
shall also run with the land. Included in the maintenance
covenants shall be procedures for changing them at stated
intervals. Deeds shall also reference the rights and responsibilities
of property owners to the management entity. The management
entity shall also be responsible for liability insurance, local taxes,
and the maintenance of all commonly held facilities through the
use of a pro -rata formula for all property owners.
(11) Usable open space requirements. Each parcel of land developed under
patio home standards shall provide usable open space totaling 15% of
the area of a patio home development. Such open space shall have a
maximum slope of 10% and shall be exclusive of street and alley rights-
of-way and/or easements, individually platted lots without open space
easements, private yards and patios. The 15% shall be computed on the
percentage of total platted area in a patio home subdivision, excluding
right-of-way for major and secondary thoroughfares (as described in the
current comprehensive plan). At the time of site plan and/or subdivision
plat approval, the city council may give full or partial credit for open areas
that exceed the maximum slope or which are otherwise unusable if it is
determined that such areas are environmentally or aesthetically
significant and that their existence enhances the development.
(12) Additional landscaping. In addition to any required landscaping for
common areas, the front yard and parkway areas shall be landscaped
and permanently maintained.
Page 13 of 28
Appendix 2 Schedule of Uses
Table 1. Residential uses
Type of Use
Def *
SF-
SF-
SF-
SF-
SF-
SF-
SF-
MH-
MH-
TF
MF-
MF-
AG
T
1
84
72
60
Z
TH
1
2
1
2
(:;ardea
3.1.7
(patie) Patio
Y
Y
S
S
S
S
home (2)
[...]
Zornt
hAl1q@
304229
Y
Y
Y
Y
[...]
*The number in this column references adescription/definition listed in appendix 3.
(1) See section 9.04.033(h) for additional regulations.
(2) See section 9.04.033(e) for additional regulations.
Appendix 3 Descriptions/Definitions
3.1 Residential uses
3.1.7 Patio home: Asingle-family dwelling, detached residence allowed
to have little or no side yard on one side, built in accordance with standards set out in
Section 9.04.33(e), where the wall on that side has no doors, windows, or other
openings and which otherwise qualifies for a one-hour fire rating as defined in the
building code.
EWE WaRwommaw"
Page 14 of 28
There is not a clear distinction between the use types zero -lot line houses and garden
(patio) homes. The Zoning Ordinance provides contradicting definitions and
permissions of two types of dwelling units. Additionally, both zero -lot line and garden
(patio) homes are not currently permitted in the Single=Family Residence District —
Zero lot line homes (SF -Z) zoning district as detailed in Appendix 2. The two uses
should be consolidated by amending the definitions and schedule of uses.
Within Section 9. 04.033 (e) there is conflicting direction regarding the required access
easement width that should be corrected.
Page 15 of 28
h. Uses: indoor commercial amusement, health club, gymnasiums, gymnastic or dance
studio
Sec. 9.04.037 Parking space regulations
(a) Automobile parking space regulations. Whenever any ordinance, regulation, or
pIan enacted or adopted by the city council is for the purpose of providing off-street
automobile parking spaces or of establishing requirements that such spaces be provided
within any section or sections of the city, then such plan or requirements shall govern
within such sections. Otherwise, off-street automobile parking spaces shall be provided
as follows, applicable to buildings hereafter erected and uses hereafter established, to
such nonconforming uses as may be required to conform to the regulations hereof, and
to extensions and enlargements of buildings and uses.
(1) Except as otherwise provided in this section, off-street parking spaces shall be
provided as follows:
Land Use
Minimum
Additional Provisions
NC
Commercial uses
CBRD
Amusement facilities
10 per 1000 sf GFA
1-1
Gyms, spas, studios.
health clubs
8 per 1000 sf GFA
See below: Swimming
pool/deck
flail
Appendix 2 Schedule of Uses
Table 2. Educational, Institutional and special uses
Type of Use
Def *
C-1
NC
C-2
CBRD
C-3
O-1
1-1
1-2
Health Glib; gymnasil
Y
Y
Y
Y
fs+oi
19 oil
Table 5. Office, retail, commercial and service type uses
Type of Use Def * C-1 NC C-2 CBRD
Amusement, commercial 3.5.3a S S S Y Y Y S Y S
(indoor) — — — —
Page 16 of 28
G •]
Bowling
s
Y
Gymnastic or dance
3.5.##
Y
Y
Y
Y
Y
S
studio; health club
[...1
&5,43
�g
Y
Y
Y
Y
[Roll
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
3.5.3a Amusement, commercial (indoor): An establishment providing for activities,
services and instruction for the entertainment, exercise and improvement of fitness and
health of customers, clients or members but not including hospitals, clinics, massage
parlors or arcades. Uses would typically include bowling alleys, escape rooms, ice or
roller skating rinks, FaGquetball aR.d handball GGH146, '
aAd Rauti„us faGilimcS, eXe., Be�rccr6, wimming peeels aRCI spas, bingo parlors tial
traeks.
3.5.## Gvmnastic/dance studio and health club: An establishment that provides exercise
facilities such as running, logging, aerobics, weightliftinq, indoor/outdoor sports courts,
and swimming, as well as locker rooms, showers, and saunas. Uses would typically
include racquetball and handball courts, tennis courts, weightlifting and nautilus facilities,
exercise areas, swimming pools and spas, martial arts, classrooms and/or practice
areas. ovmnasiums and runnina or ioaaina tracks. This shall not include municipal or
rivately owned recreation buildings.
There is contradicting information for anyone desiring to open a health club or dance
studio within the city limit. In Appendix 2 Schedule of Uses, "Health Club; gymnasium"
and "Gymnastic or dance studio" are listed as uses. However, in Appendix 3
Descriptions/Definitions, there is no definition for these uses but are included in other
definitions. The parking section, Sec. 9.04.037(a)(1), lists "gyms, spas, and studios"
separately from amusement facilities, personal services, and the recreational uses
section. By consolidating these uses and creating a broad definition, it will assist these
businesses to know where they may operate.
Page 17 of 28
Uses: restaurants, private clubs, brewpubs, tasting rooms, wineries, and breweries
Sec. 9.04.037 Parking space regulations
(a) Automobile parking space regulations. Whenever any ordinance, regulation, or
pIan enacted or adopted by the city council is for the purpose of providing off-street
automobile parking spaces or of establishing requirements that such spaces be provided
within any section or sections of the city, then such plan or requirements shall govern
within such sections. Otherwise, off-street automobile parking spaces shall be provided
as follows, applicable to buildings hereafter erected and uses hereafter established, to
such nonconforming uses as may be required to conform to the regulations hereof, and
to extensions and enlargements of buildings and uses.
(2) Except as otherwise provided in this section, off-street parking spaces shall be
provided as follows:
Land Use
Minimum
Additional Provisions
Commercial uses
1*001
Banks and financial
3.5 per 1000 sf GFA
services
yehinlos per drive thiceugI
tgRe
See Sec. 9.04.044(n) Drive
throughs
Bars and pubs; brewpubs,
10 per 1,000 sf GFA
private clubs, and tasting
rooms
Brewery, Distillery, Winery
2 per 1,000 sf GFA
See tasting room for areas
where customers drink or
sample the products.
Dry cleaners
4 per 1000 sf GFA
Plus 3 staGkiRg spaGeS P
PiGkup lam
See Sec. 9.04.044(n) Drive
throughs
Restaurants;
10 per 1,000 sf GFA;
If dFiye threugh cervi% is
Parking may be reduced
during site plan review to
no less than
3 per 1,000 sf
GPaGes fFeFn where erdeF is
GFA by the Planning &
plaeed.
See Sec. 9.04.044(n) Drive
Zoning Commission for
drive through service
throughs
Dostn„rnnts primarily fer3
takeout
per 1,000 qf GFA
If drove _thFe gh sepd.o is
,
Page 18 of 28
Sec. 9.04.044 Special Uses
(n) Drive throughs
(1) Drive throughs with individual service speakers shall not be permitted within 150
feet of any residential district unless the speaker is appropriately screened. The
Planning & Zoning Commission may require wing walls, landscape screens,
changes in building orientation, and/or other design elements to screen and
minimize the impact of individual service speakers.
(2) A stacking space shall be an area on a site measuring 8 feet by 20 feet with
direct forward access to a service window or station of a drive-through facility
which does not constitute space for any other circulation driveway, parking
space or maneuvering area. An escape lane shall be an area measuring a
minimum of 8 feet wide that provides access around the drive-through facility. An
escape lane may be part of a circulation aisle.
(A) For drive-through restaurants, the minimum stacking space for the
first vehicle stop shall be 100 feet and 40 feet thereafter for any othe
stops. An escape lane shall be provided parallel to the drive-through
lane from the beginning of the drive-through lane to the pick-up
window.
(B) For dry cleaners, banks and financial services, pharmacies, and retail
uses with drive-through facilities, 5 stacking spaces shall be required
if one or 2 drive through lanes are provided. For 3 or more drive
through lanes, 4 stacking spaces shall be required. An escape lane
shall be provided in all instances.
(C) For kiosks a minimum of 2 stacking spaces for each service window
shall be provided.
G •l
Appendix 2 Schedule of Uses
Table 5. Office, retail, commercial and service type uses
Type of Use
Def *
C-1
NC
C-2
CBRD
L••l
Brewpub or Winery (1)
3.5.##
S
y
y
Y
y
Y
Private clubs (1)
3.5.##
S
S
S
S
S
Page 19 of 28
Restaurant or cafeteria,
with drove in er dr a ve
th re g h&ePAGe- i
3.5.44a
Y
Y
Y
Y
�g
Y
O-1
Y
I-2
Restaurant nr nafeteria e
\A/ithel it drive-in Ar drive_
thre gh ceniine
&&44bb
-Y
y
y
S
Y
Y
Rectal Front with drive_in
r -cam, otu-cn-rn-r�vv-n�---Qm-c�rT
coniine
-c
.-nom. rvc
y
-Y
Y-
d-d�6
Y
Y
Y
[...]
Tasting Room (1)
3.5.##
S
Y
Y
Y
Y
Y
See 9.04.033 Special Uses
Table 6. Manufacturing, storage and warehousing uses
Type of Use
rawyl
Def *
C-1
NC
C-2
CBRD
C-3
O-1
I-1
I-2
Brewery/Distillery
3.6.##
S
Y
Y
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
3.5.## Brewoub or Winerv: A restaurant or other facility that manufactures alcoholic
beverages including but not limited to beer, wine or liquor for either on -premises or remises retail
retail and wholesale and consumption in quantities not considered industrial or
large-scale production as determined by the City Manager or designee. The business
Page 20 of 28
must hold one of the following licenses or permits from the Texas Alcoholic Beverage
Commission: Winery Permit (G) or Brewpub License (BP); See Sec. 9.04.033 Special
Uses, (1) Sale of Alcoholic Beverages;
3.5.## Private Club: An establishment providing social and dining facilities, as well as
alcoholic beverage service, to an association of persons, and otherwise falling within the
definition of and permitted under the provisions of the Texas Alcoholic Beverage Code,
as the same may be hereafter amended, and as it pertains to the operation of private
clubs. See Sec. 9.04.033 Special Uses, (i) Private Clubs
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ertaininq to drive throughs;
3.5.## Tasting Room — A retail establishment associated with a brewery, brewpub,
distilleryI or winery for the sale of beer, wine or liquors. See Sec. 9.04.033 Special Uses,
(1) Sale of Alcoholic Beverages;
3.6 Manufacturing, storage, and warehouse uses
3.6.## Brewery/Distillery:
The production of beer, wine and/or liquor at industrial
quantities and internal large-scale commercial distribution.
Use types
The current regulations are difficult to discern the differences between the restaurant
types especially as restaurants have evolved in their services. The regulations also
Page 21 of 28
would not permit brewpubs and tasting rooms, which are similar in nature to a
restaurant with an industrial component. Additionally, while regulations are adopted
for private clubs, it was not referenced properly in the schedule of uses to review Sec.
9.04.044 Special Uses nor defined in definitions/descriptions.
Drive throughs
The current regulations provide a vague description of the necessary design for drive
throughs. The addition to Sec. 9.04.044 Special Uses will help to preserve enjoyment
of residential properties by including the 150' distance requirement. Requiring an
escape lane will assist in emergency situations to allow unaffected vehicles to escape
the drive through and improve overall traffic circulation of the site.
Page 22 of 28
j. Uses: personal service shops
Appendix 2 Schedule of Uses
Table 5. Office, retail, commercial and service type uses
Type of Use
Def *
C-1
NC
C-2
CBRD
C-3
&I
I-1
I-2
look]
B2 hnrnvershep
p
'd-:d�tla
`/
Y
\/ Y
Y\,
Y
\/
-i-
[...]
Beatty- Shap
3 a 9r a
Y
Y
Y
Y
Y
look]
3�
Y
Y
Y
Y
Y
c�
[...]
Drapery, needfewerk, er
weaving sh.,
look]
bra# shep
Y
Y
Y
Y
Y
[ •]
Intradermal Studio
3.5.XX
S
S
S
S
S
Y
[who]
Personal service shop
3.5.36
Y
Y
Y
Y
Y
S
[...]
TaYlY iRg colon
Y
Y
Y
Y
look]
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
3.5.XX Intradermal Studio (Body Piercing, Permanent Cosmetics, and Tattooing): The
practice of producing an indelible mark or figure on the human body by scarring or
inserting pigment under the skin usinq needles, scalpels, or other related equipment.
Page 23 of 28
3.5.36 Personal service shop: An establishment primarily engaged in providing services
generally involving the care of the person or his apparel including but not limited to
barber and beauty shops, dry cleaning and laundry pickup stations, intradermal
cosmetics shoe repair, tanning salon, or tailor .
Intradermal Studio services may be offered as an accessory service.
Staff and potential businesses will better understand where a business may operate
within the City of Anna if there are broad uses within the Schedule of Uses that cover
multiple business types. Having a Barber Shop and Beauty Salon separate from a
Personal Service Shop creates a longer table than is necessary. Appendix 2.
Schedule of Uses and Appendix 3. Descriptions/Definitions have many uses that
could be consolidated under the Personal Service Shop use.
Additionally, the current regulations are vague on intradermal studios. As many
places like beauty salons and retail stores have begun offering intradermal services,
the ordinance needs to be clear that it is allowed as an accessory use but there may
be a desire to limit stand-alone intradermal studios.
Page 24 of 28
k. Uses: veterinarian clinics
Appendix 2 Schedule of Uses
Table 5. Office, retail, commercial and service type uses
Type of Use
I Def *
C-1
I NC
I C-2
I CBRD
C-3
1 O-1
1 I-1
1 I-2
[...]
Veterinarian clinic
3.5.##
S
S
S
Y
Y
S
(no outside pens)
—
Veterinarian clinic
3.5.##
S
Y
S
(outside pens)
Appendix 3 Descriptions/Definitions
3.5 Retail and service type uses
3.5.## Veterinarian clinic (no outside pens): An establishment with indoor pens in which
dogs and/or other domesticated animals are housed during the day or overnight,
groomed bred boardedI exercisedI rained, or sold for commercial purposes as well as
examination and medical treatment. Animal transportation service may be provided.
Fenced outdoor space may be provided with appropriate screening. The Planning &
Zoning Commission may require wing walls, landscape screens, changes in building
orientation. and/or other desian elements to screen and minimize the impact to
residential uses.
3.5.## Veterinarian clinic (outside pens): An establishment with outdoor pens in which
dogs and/or other domesticated animals are housed, groomed, bred, boarded, trained,
or sold for commercial purposes as well as examination and medical treatment. The
Planning & Zoning Commission may require wing walls, landscape screens, changes in
buildina orientation, and/or other desiqn elements to screen and minimize the impact to
residential uses.
A definition for Veterinarian Clinics is necessary to define that this use may have
an outdoor space associated with indoor pens. Daycares for dogs has become a
popular, independent business in neighboring cities, therefore it should also be
permitted by specific use permit in the CBRD district
Page 25 of 28
Flagpoles over 35 feet
Sec. 9.05.008 Exemptions
The following signs and related objects are generally allowed to be erected and publicly
displayed at any location within the city's municipal boundaries or its extraterritorial
jurisdiction, except as otherwise specifically proscribed within these sign regulations, and
a city -issued sign permit is not required in order to erect and display any of the following
signs unless specifically set forth in this section.
(6) Flags of governmental, nonprofit and/ortax-exempt organizations,
the flag GIGGS r„t eXGeed 35 feet ;n height. Flagpoles must follow the height and
setbacks of the zoning district it is within. Flagpoles are exempt from setbacks
when part of a Class 6 monument sign or entry feature.
Currently the Planning &Development regulations do not provide clear direction for
flagpoles. The intent is to clarify erection of flagpoles within the City of Anna.
Page 26 of 28
m. Subdivision signage maximum copy area
Sec. 9. 05.086 Summary of districts
Table 3. Residential Districts (Single- and Multi -Family)
Districts
Permissible
Max. Area
Max. Height
Max.
Number
Classes
Single-family
and duplex
1, 33 4
district
Subdivision
24
32
sq.
6 ft.
2 per
adjacent
sign
ft .
public street
Educational
Bulletin
25
sq.
ft.
Below roof line
1 per
building
institutions
board
Attached
12
inch
Below roof line
1 per
building
sign
letter
Public,
Free -
charitable, or
standing
24
sq.
ft.**
6 ft.
1 per
site
religious
sign
institutions
Attached
24
sq.
ft.
Below roof line
1 per
site
sign
Apartment
11 3, 4
district
1 of either
5
25
sq.
ft.
8 fte
class
per
adjacent public
street
7
40
sq.
ft.
8 ft. below roof
line
* Refer to division 2 of this article.
** Religious institution - 60 square feet.
Class 1—Minor signs; Class 2—Window signs; Class 3—Traffic-related signs; Class 4—
Temporary promotional signs; Class 5—Major free-standing signs; Class 6—Monument
signs; Class 7—Major attached signs
G4 61
Page 27 of 28
Update language associated with size and copy area for decorative structures of
subdivision signage to align with the Neighborhood Design Guidelines as adopted in
2019. Sec. 9.02.167(b)(3) states that the max size for subdivision identification
sM
gnage is 32 square feet.
Page 28 of 28