HomeMy WebLinkAboutOrd 911-2021 Rezoning Property at One Anna Two AdditionCITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the west side of State
Highway 5, 1,420 feet south of West White Street)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE
ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN, PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning amendment to a Planned Development
(Ordinance No. 872-2020 and Ordinance No. 84&2020) on Property described in Exhibit A
("Property") 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 Change
The Anna City Code of Ordinances are hereby amended by amending the existing zoning of the
Property described in Exhibit A to allow for the additional land use of multiple -family residence,
as depicted in the Concept Plan on the attached Exhibit B.
1. Purpose.
The purpose of this Planned Development District is to facilitate the development of high -
quality development in the northwest quadrant of U.S. Highway 75 and West White Street (FM
455) to accommodate those uses that are of city-wide and regional significance. Within this
District are permitted certain retail, service, office uses, and multiple -family residential.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply. For purposes of this Planned Development District, the following terms
shall be defined as follows:
a. "Masonry" means brick, tile, manmade or natural stone, cast stone, rock, marble,
granite, curtain glass, glass block, exposed aggregate concrete panels, decorative
concrete panels, split face concrete block or any construction consisting of concrete
panels including, but not limited to "tilt -wall" construction, or any other materials
similar to these materials approved by the Director of Development Services.
b. Exterior insulation finish system ("EIFS") can only be used as accent and must be
at least twelve feet (12') above the finished floor elevation.
3. Development Standards.
a. "C-1" Property. Development of the Property must comply with the development
standards for use, density, lot area, lot width, lot depth, yard depths and widths,
building height, building elevations, coverage, floor area ratio, parking, access,
screening, landscaping, accessory buildings, signs, and lighting, set forth in the "C-
1 ", Restricted Commercial District, and "THOR Overlay", except as otherwise
provided herein.
i. Uses: in addition to the Uses permitted under C-1, the following Uses shall
be permitted by right:
A. Hospital (Chronic Care) long term health care facility
B. Hospital (Acute Care)
C. Ambulatory, Surgery Center
D. Emergency Room / Urgent Care
E. Dialysis Center
F. Rehabilitation Care Facility
G. Rehabilitation Care Institution
H. Laboratory, Medical or Dental
I. Laboratory, Scientific or Research
J. Pharmacy with or without Drive Thru
K. Medical Supplies, Sales and Service
L. Child Care Center
M. Nursery School, Kindergarten
N. Rest Home or Nursing Home
O. Veterinarian Clinic (small animal -No Outside Pens)
P. Multiple -Family Residence in accordance with the MF-2 Multiple -
Family Residential - Hight Density zoning district, unless otherwise
specified herein
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ii. Uses allowed within the district with a Specific Use permit: Heliport or
helistop
. Minimum Lot Areal 101000 sqh ft.
iv. Maximum Building Height: The Maximum bung height shall be 55 feet
measured to the top of the last floor ceiling elevation.
v. Outdoor Display Area (Garden Centers):
A. An outdoor display area (garden center) may not exceed twenty five
percent (25%) of the adjoining building size.
B. The outdoor display area shall be enclosed by a 4' masonry wall with
decorative ornamental iron fencing above, to not be less than eight fee
(8') total in height.
C. Height of materials being screened must be lower than the screening
fencing.
D. Landscaping shall be planted along the exterior side of any outdoor
display area and maintained at a height of 3 feet along the front and
Landscaping shall be planted on the side of any outdoor display area
and maintained at a height of 6 feet.
vi. Multiple -Family Residence Location:
A. Shall be restricted to the area identified on the approved Concept Plan
(Res. No. 2020-02-690) and may be developed entirely as either
multiple -family residence or C-1 Restricted Commercial as amended
by the PD.
B. Minimum residential setback from the centerline of the main lanes of
U.S. Highway 75: 475 feet.
Standards and Area Regulations (Multiple -Family Residence): Development
must comply with the development standards for use, density, lot area, lot
width, lot depth, yard depths and widths, building height, building elevations,
coverage, floor area ratio, parking, access, screening, landscaping,
accessory buildings, signs, and lighting, set forth in the "MF-2", Multiple.
Family Residential District — High Density, except as otherwise provided
herein.
A. Maximum number of units: 350
3
B. Maximum Building Height: 4 stories (55 feet)
C. Maximum Lot Coverage: 60%
D. Maximum Density: 39 units per acre
E. Minimum open space: 20%
F. Parking: 1 space /Studio & 1 bedroom units
2 spaces / 2 & 3 bedroom units
% of required parking must be covered
G. Minimum dimension for off street parking for ninety -degree parking
shall be not less than 9 feet in width and 18 feet in length with 2 feet
of overhang (20-feet minimum). Dual head in parking spaces are
required to be a minimum of 20 feet in length.
H. Car bumper overhang is allowed within required landscape buffers
viii. Design Standards (Multiple -Family Residence):
A. 50% of all units must have one of the following design features: A true
balcony, stoop, or patio to create outdoor living space.
B. No building fagade may exceed a length of 100 feet without a break in
the fagade of a minimum depth of 2 feet for a minimum length of 10
feet.
C. A minimum of 2 materials are required on each fagade.
D. Screening fence: Border fencing material shall be either masonry
construction or wrought iron, tubular steel, or tubular aluminum with
masonry columns. Additionally, an irrigated landscape screen,
minimum height of 6 feet, shall be installed within a 10400t landscape
buffer along the property line on any perimeter not abutting a public
street or right-of-way. The landscape screen must grow to a height of
at least 10 feet within 2 years of installation.
E. Plats and/or site plans submitted for the development of the PE) shall
conform to the data presented and approved on the Conceptual
Development plan. Non -substantial changes of detail on the final
development plan(s) that differ from the Conceptual Development plan
may be authorized by the City Council with the approval of the final
development plan(s) and without public hearing.
10
F. The Conceptual Development Plan will expire after two (2) years of
approval.
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.
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.
Aand boa!
PASSED by the City Council of the City of Anna, Texas this 2" ntl day of June 28i A�
ATTESTED:
Carrie L. Land, City Secretary
A�*• a 9 &
•,9
Q
'Nafe Pike,
r
Mayor
5
EXHIBIT A
ZONING DESCRIPTION
BEING a tract of land situated in the Thomas Rattan Survey, Abstract No. 782, and the W.S.
Rattan Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being part of a called
81.8447 acre tract described in Special Warranty Deeds to One Anna Two, LTD. recorded in
Instrument No. 20070201000151600 and 20070201000151610, Official Public Records, Collin
County, Texas, and being part of US Highway No. 75 (a variable width right-of-way) created by
Deed to the State of Texas recorded in Volume 655, Page 446, Land Records of Collin County,
Texas and being more particularly described as follows:
BEGINNING at the southwest end of aright -of --way clip at the intersection of US Highway No. 75
(a variable width right-of-way) and F.M. Road No. 455 (a variable width right-of-way);
THENCE with the north right-of-way line of said F.M. Road No. 455, the following courses and
distances:
South 88°25'18" West, a distance of 212.62 feet to a point for corner;
South 42037'34" West, a distance of 8.09 feet to a point for corner;
South 88°25'18" West, a distance of 10.51 feet to a point at the beginning of a tangent
curve to the right having a central angle of 5°20'30", a radius of 1036.00 feet, a chord
bearing and distance of North 88054'27" West, 96.55 feet;
In a northwesterly direction, with said curve to the right, an arc distance of 96.58 feet to a
point at the beginning of a reverse curve to the left having a central angle of 5°27'53", a
radius of 1164.00 feet, a chord bearing and distance of North 88058'10" West, 110.98 feet;
In a northwesterly direction, with said curve to the left, an arc distance of 111.02 feet to a
point for corner;
South 88017'53" West, a distance of 231.32 feet to a point at the beginning of a tangent
curve to the right having a central angle of 0058'55", a radius of 1100.00 feet, a chord
bearing and distance of South 88047'21" West, 18.85 feet;
In a southwesterly direction, with said curve to the right, an arc distance of 18.85 feet to a
point for corner;
South 89016'48" West, a distance of 65.59 feet to a point at the beginning of a tangent
curve to the right having a central angle of 0°22'41 a radius of 1100.00 feet, a chord
bearing and distance of South 89028'08" West, 7.26 feet;
In a southwesterly direction, with said curve to the right, an arc distance of 7.26 feet to a
point for corner;
South 89°39'29" West, a distance of 66.00 feet to a point for corner;
South 88017'53" West, a distance of 165.65 feet to a point for the southwest corner of said
One Anna Two, LTD. tract and the southeast corner of a tract of land described in Special
Warranty Deed to Don Collins, Ted K. Tedford, and Steve Cameron recorded in Volume
5257, Page 4877, Deed Records, Collin County, Texas;
THENCE with the east line of said Collins, Tedford and Cameron Tract, the following courses and
distances:
North 1 °20'55" West, a distance of 505.70 feet to a point at the beginning of a tangent
curve to the right having a central angle of 18°39'00", a radius of 500.00 feet, a chord
bearing and distance of North 7058'36" East, 162.03 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 162.75 feet to
a point in the east right-of-way line of Standridge Boulevard (an 80400t wide right-of-way)
for corner;
THENCE with said east right-of-way line, the following courses and distances:
North 59°07'48" East, a distance of 391.38 feet to a point at the beginning of a tangent
curve to the left having a central angle of 59°53'49", a radius of 750.00 feet, a chord
bearing and distance of North 29010'54" East, 748.83 feet;
In a northeasterly direction, with said curve to the left, an arc distance of 784.05 feet to a
point for corner;
North 0046'01" West, a distance of 1076.02 feet to a point at the beginning of a tangent
curve to the right having a central angle of 1 °48'11 ", a radius of 620.03 feet, a chord
bearing and distance of North 0008'05" East, 19.51 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 19.51 feet to a
point at the southwest end of a right-of-way clip for corner;
THENCE with said right-of-way clip, North 50°48'21" East, a distance of 39.85 feet to a point the
south right-of-way line of said Standridge Boulevard for corner;
THENCE with said south right-of-way line, the following courses and distances:
South 80048'39" East, a distance of 12.54 feet to a point at the beginning of a tangent
curve to the left having a central angle of 57041'0711, a radius of 230.00 feet, a chord
bearing and distance of North 70°20'47" East, 221.91 feet;
In a northeasterly direction, with said curve to the left, an arc distance of 231.56 feet to a
point for corner;
North 41'30'14" East, a distance of 110.79 feet to a point at the beginning of a tangent
curve to the right having a central angle of 56006'46", a radius of 170.00 feet, a chord
bearing and distance of North 69033'37" East, 159.92 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 166.49 feet to
a point for corner;
South 82023'00" East, a distance of 281.75 feet to the northeast terminus of a corner clip
found at the intersection of said Standridge Boulevard and said US Highway No. 75 for
corner;
THENCE with said corner clip, South 37023'00" East, a distance of 42.43 feet to a point in the
west right-of-way line of said US Highway No. 75 for corner;
THENCE with said west right-of-way line, the following courses and distances:
South 7037'00" West, a distance of 1962.16 feet to a point for corner;
South 20°21'30" West, a distance of 400.57 feet to a point for corner;
South 6°59'15" West, a distance of 407.71 feet to a point at the northeast terminus of a
right-of-way corner clip found at the intersection of said US Highway No. 75 and said F.M.
Road No. 455 for corner;
THENCE with said right-of-way corner clip South 47042'16" West, a distance of 51.74 feet to the
POINT OF BEGINNING and containing bo38 acres or 2,198,638 square feet of land.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
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CITY OF ANNA
PLANNING & ZONING COMMISSION
June 1, 2021
Public Hearing: Amend Ordinance No. 846-2020
Applicant: Anna Village Residential, LTD and Anna Village Commercial, LTD
DESCRIPTION:
Requests to amend Ordinance No. 846-2020 in order to amend Development Standards
associated with the multiple -family residence on 9.1± acres located at the southeast
corner of future Standridge Boulevard and future Suzie Lane,
REMARKS:
The applicant is requesting to amend the existing multiple -family residence development
standards to include:
a. Remove the restriction prohibiting balconies, stoops, or patios on an exposed
fapade of a multifamily building directly facing U.S. Highway 75.
b. Reduce the amount of required covered parking to 40%.
c. Allow minimum parking space dimension of 9' x 18' where a 2' overhang is
provided (minimum 20'). Dual head in parking spaces are required to be a
minimum of 20 feet in length.
d. Allowing car bumper overhangs within the 10-foot landscape buffer.
ISSUES:
.Expressway corridors adverse impact to Residential Uses
Due to noise and health impacts, residential development is generally not appropriate
adjacent to or within close proximity of expressway corridors. As part of the 2020 zoning
amendment to allow multiple -family residences within the Planned Development,
appropriate standards were established to protect future neighbors from the negative
effects of U.S. Highway 75 to include architectural design limitations for units directly
facing the highway. Those design limitations include a minimum residential setback from
the highway (475 feet), requiring commercial buildings/development between the
highway and multi -family residence building, and prohibiting exterior balconies, stoops,
or patios on any exposed fagade of a multifamily building directly facing U.S. Highway 75.
To increase the building aesthetics the applicant is requesting to remove the balconies,
stoops, or patios restriction.
Staff would not have been supportive of residential uses on the subject property without
the considerations/limitations presented and included as part of the initial zoning
amendment.
Covered Parking
Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires that 75% of
the required parking be covered. The applicant is proposing to reduce the covered parking
to 40%.
City Council has reduced the amount of required covered parking associated with the
following multiple -family residence zoning requests:
a. Waterview — 50% covered parking (2021)
• Percentage is based on required parking
b. Palladium — 61 %covered parking
• The 75% covered parking requirement was based on number of
units allowed — not the amount of required parking required.
o Maximum 180 units allowed.
o Minimum 135 covered parking spaces required.
Staff recommends the Council maintain consistency if they consider reducing the amount
of covered parking. Either allow for a reduction based on percentage of required parking
or apply the 75% covered parking requirement on the number of units proposed.
Based on the proposed Site Plan below are how those percentages and numbers would
calculate:
a. Total Required Parking Spaces = 222 spaces
• 75% of required parking = 166 covered parking spaces
o 50% = Ill covered parking spaces
o 40% = 89 covered parking spaces
b. Total Number of Units = 120
• 75% of total number of units = 90 covered parking spaces
Parking space dimension
AGENDA ITEM -AMEND ORDINANCE NO. 846-2020 PAGE 2 OF 5
Sec. 9.04.004 (Definitions) of the Zoning Ordinance defines a parking space as a
permanently surfaced area not less than 180 square feet (measured approximately nine
feet by 20 feet) either within a structure or in the open, not on public right-of-way, exclusive
of driveways or access drives, for the parking of one vehicle.
Additionally, Sec. 9.06.006 (Minimum Landscaping requirement) states that within
parking lots landscape areas are to be protected by a monolithic curb or wheel stop and
remain free of trash, litter, and car bumper overhangs.
However, within the City of Anna Design Standards under Section 2.18 (Off -Street
Parking) the minimum dimension for off street parking for ninety -degree parking allows
for a parking space of not less than 9 feet in width and 18 feet in length (9' x 18') with 2
feet of overhang between curb and sidewalk or property line (204eet minimum). Dual
head in parking spaces are required to be a minimum of 20 feet in length.
Conflicts between ordinances and/or design standards is a continuing battle for staff. The
intent of a 180 square foot parking space is to ensure that a minimum unobstructed area
of 9' x 20' is maintained. The intent of this regulation is met with the design standard
requirement that allows for 9' x 18' parking space with a 2400t overhang which maintains
20 feet of unobstructed area.
Overhano landscape areas &sidewalks
Under Section 9.06.006 (Minimum landscaping requirement) under subsection (b)(2) it
states that all landscape areas shall be protected by a monolithic curb or wheel stops and
remain free of trash, litter, and car bumper overhang.
The applicant is requesting the ability to construct 9' x 18' parking spaces along the
perimeter of the property and allow for a 2400t overhang within the required 10' landscape
setback/buffer. Additionally, 9' x 18' parking spaces would be allowed adjacent to
sidewalks where a 2-foot overhang can be accommodated while still meeting minimum
American with Disabilities Act (ADA) requirements.
Staff is in support of the reduced parking space and overhang allowance associated with
this project. When staff brings forward the next round of ordinance amendments conflicts
associated with the minimum parking space dimensions and overhang allowances will be
addressed.
SUMMARY:
The applicant is requesting to amend Ordinance No. 846-2020 in order to amend
Development Standards associated with the multiple -family residence on 9.1± acres
located at the southeast corner of future Standridge Boulevard and future Suzie Lane.
The allowance of a 2-foot overhang associated with 9' x 18' parking spaces reduces the
amount of impervious surface associated with development. The minimal encroachment
AGENDA ITEM -AMEND ORDINANCE N0.846-2020 PAGE 3 OF 5
of a 2-foot overhang in the 10400t landscape buffer will not have a negative impact on
the required plantings within these areas. Additionally, allowing a 2400t overhang over
interior sidewalks will not have an adverse impact to pedestrian circulation due to the site
meeting minimum ADA requirements.
The applicant is requesting to reduce the amount of required covered parking from 75%
to 40%. There have been two instances in which covered parking has been reduced.
Staff recommends the city maintain consistency when considering amendments to zoning
requirements. Therefore, staff recommends the percentage of required covered parking
be reduced to no less than 50%.
Noise and air pollution impact public health. The allowance of balconies on all units that
directly face U.S. Highway 75 will only increase these negative factors therefore staff is
not in support of the amendment as proposed by the applicant. However, staff is
amenable to allowing on corner units to increase the aesthetic appeal of the multi -family
residence building.
For these reasons, staff is in support of the zoning amendments requestas noted in the
recommendation below. ,
RECOMMENDATION:
Recommended approval of amendments to the Development Standards within Ordinance
No. 846-2020 as follows: (Additions are indicated in underlined text; deletions are
indicated in strikethrough text.)
3. Development Standards.
vi. Multiple -Family Residence Location:
C. No exterior balconies, stoops, or patios shall be permitted on
an exposed facade of a multifamily building directly facing
U.S. Highway 75 other than corner units.
Standards and Area Regulations (Multiple -Family Residence):
Development must comply with the development standards for use,
density, lot area, lot width, lot depth, yard depths and widths, building
height, building elevations, coverage, floor area ratio, parking,
access, screening, landscaping, accessory buildings, signs, and
lighting, set forth in the "MF-2", Multiple -Family Residential District —
High Density, except as otherwise provided herein.
AGENDA ITEM -AMEND ORDINANCE NO, 846-2020 PAGE 4 OF 5
F. Parking: 1 space / Studio & 1 bedroom units
2 spaces / 2 & 3 bedroom units
% of required parking must be covered
parking shall be not less than 9 feet in width and 18 feet in
length with 2 feet of overhanq (204eet minimum). Dl,a► hPgd
are required to
length.
H. Car bumper overha
buffers
AGENDA ITEM -AMEND ORDINANCE NO, 846-2020 PAGE 5 OF 5