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HomeMy WebLinkAboutPZpkt2014-01-06Y(DUMHOMETOWN AGENDA PLANNING AND ZONING COMMISSION REGULAR MEETING January 6, 2014 The Planning and Zoning Commission of the City of Anna will hold its regular meeting on January 6, 2014, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at I I I North Powell Parkway (Hwy 5), to consider the following items. Call to order and establishment of quorum. 2. Invocation and Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "CVS Anna Addition" final plat. 4. a) Public Hearing: To consider public comments on a request by William Dahlstrom, representative for Chief Partners, LP, owner of property, requesting changes to the Planned Development zoning by replacing the existing Planned Development (PD) Ordinance Numbers 120-2003 (PD) and 121-2003 (PD) establishing a new Planned Development with guidelines and uses. The property is located north of West White Street and east of U.S. Highway 75. b) Consider/Discuss/Act on recommendation regarding an ordinance by replacing the existing Planned Development (PD) Ordinance Numbers 120-2003 (PD) and 121-2003 (PD) establishing a new Planned Development with guidelines and uses. The property is located north of West White Street and east of U.S. Highway 75. 5. Consider action to approve Minutes of the December 2, 2013 Planning and Zoning Commission Meeting. 6. Adjourn. This is to certify that I, Maurice Schwanke, Director of Planning and Development, verify that this agenda was posted at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 7:00 p.m. January 3, 2014. 4,ae - Maurice Schwanke Director of Planning and Development Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary, at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. PZ Agenda 01406-14.doc Page 1 of 1 Posted 01-03-14 Invocation and Pledge of Allegiance 3. Consider/Discuss/Act on recommendation regarding "CVS Anna Addition" final plat. The CVS Anna Addition final plat is in conformance to the preliminary plat (Gateway Preliminary Plat) that has been approved for this site. The construction plans for the CVS Anna Addition have also been approved. A preconstruction meeting has been held for the proposed CVS store and grading and staking has occurred. It should also be noted that the Drivers Food and Gas Mart and Restaurant have been razed. The staff is recommending approval of this plat. a , 400ihr -WMtE STREET (F OXON 1 womm Li v ADBREVIATION LEGEND RE iRouaIRS ROD ODsOU,w wVAP STAMPED FAA iRP BUT IN C01CRETE CET pp PORAISR POLE TELEPHONE PEDEST� VrM cY - FI -VALVEco clfnk� AC ARCONCRIDOER SO MGM�50X Cl SIGN See STORM SEAER PAD TRANScORVERPAD GM GASMETER VK GAS MARKER CM CORTROIANGMC�NUVENT MP MuALPOST LLD NILLIFOARD LP UGHTPOLE LINE TABLE Lit S87'CTMW 10 Dry VrroTNIOSCn lz erx As;w-r. cwwv�smna R;�a M;Peo..T.�:ry Fa.,Nl:o. aasscatssT, dsca.ns; zoos rm�prpT���rY x mrn'n nxezorax zo�xx Aea;e tvrmrae to Le evaoD Se oz'✓,aeual cna�rm naa+da.. alnyy macaw crwerb em'or vx smxwren.�em wv to l,eencm Mxngw naen easwf ry mammaea w BI CURVE TABLE SOLD) ALES 52VCWE FUTURE rc g S o�e LOCK z (BY SEPARATE USTRWEENT) REVAIrOER OF cc ♦zacoYBrrnT.»rwo 1 I � 3849J5, CIRE [ zta stACCESS EASEMEDILL Ea EABE ENT CVSANNAADDITION LOT t, BLOCK t ES (a:� a SUR ET.) AJIMOATIS CC IKK�73DAN319F) ss roi�Tw s sis z CIA .uocEvdrt T�cr� tans sor sEAwNcs) A STATE Of CIA - - - F.M. HIGHWAY 45F (WHITE ROAD) (vARABLEWDTH KCRT-Ort ) FINAL PLAT CVS ANNA ADDITION LOTS T, BLOCK T BEING 1.865 ACRES OUT OFTHE O. 782 RATTAN SURVEY, ABSTRCOLLIN COUNTY, T CRY OF AOF NNA, COLLIN COUNTY, TEAS �j ox VrroTNIOSCn lz erx As;w-r. cwwv�smna R;�a M;Peo..T.�:ry Fa.,Nl:o. aasscatssT, dsca.ns; zoos rm�prpT���rY x mrn'n nxezorax zo�xx Aea;e tvrmrae to Le evaoD Se oz'✓,aeual cna�rm naa+da.. alnyy macaw crwerb em'or vx smxwren.�em wv to l,eencm Mxngw naen easwf ry mammaea w BI CURVE TABLE SOLD) ALES 52VCWE FUTURE rc g S o�e LOCK z (BY SEPARATE USTRWEENT) REVAIrOER OF cc ♦zacoYBrrnT.»rwo 1 I � 3849J5, CIRE [ zta stACCESS EASEMEDILL Ea EABE ENT CVSANNAADDITION LOT t, BLOCK t ES (a:� a SUR ET.) AJIMOATIS CC IKK�73DAN319F) ss roi�Tw s sis z CIA .uocEvdrt T�cr� tans sor sEAwNcs) A STATE Of CIA - - - F.M. HIGHWAY 45F (WHITE ROAD) (vARABLEWDTH KCRT-Ort ) FINAL PLAT CVS ANNA ADDITION LOTS T, BLOCK T BEING 1.865 ACRES OUT OFTHE O. 782 RATTAN SURVEY, ABSTRCOLLIN COUNTY, T CRY OF AOF NNA, COLLIN COUNTY, TEAS �j ox FUTURE rc g S o�e LOCK z (BY SEPARATE USTRWEENT) REVAIrOER OF cc ♦zacoYBrrnT.»rwo 1 I � 3849J5, CIRE [ zta stACCESS EASEMEDILL Ea EABE ENT CVSANNAADDITION LOT t, BLOCK t ES (a:� a SUR ET.) AJIMOATIS CC IKK�73DAN319F) ss roi�Tw s sis z CIA .uocEvdrt T�cr� tans sor sEAwNcs) A STATE Of CIA - - - F.M. HIGHWAY 45F (WHITE ROAD) (vARABLEWDTH KCRT-Ort ) FINAL PLAT CVS ANNA ADDITION LOTS T, BLOCK T BEING 1.865 ACRES OUT OFTHE O. 782 RATTAN SURVEY, ABSTRCOLLIN COUNTY, T CRY OF AOF NNA, COLLIN COUNTY, TEAS �j ox 2 0 zzwm >J U R � S e � 1 2 4. a) Public Hearing: To consider public comments on a request by William Dahlstrom, representative for Chief Partners, LP, owner of property, requesting changes to the Planned Development zoning by replacing the existing Planned Development (PD) Ordinance Numbers 120-2003 (PD) and 121-2003 (PD) establishing a new Planned Development with guidelines and uses. The property is located north of west White Street and east of U.S. Highway 75. This zoning request is on 115.6 acres of land that will be north and east of the CVS tract under construction. The owner and owner representatives have been working with the City Staff on revised standards which are attached for your review. On the attached Concept Plan 5 development pods are shown where C-2 uses are allowed as modified in the standards. In the 21.5 acre pod located on the eastern central tract multi -family uses are also allow as an option. The Comprehensive Plan does not indicate high density residential use in this area, however, the location, access to thoroughfares, and buffering from surrounding lower intensity land uses to the east would make this area ideally situated for quality high density residential development. On our Comprehensive Plan and Thoroughfare Plan a north/south 4 lane divided thoroughfare is shown that traverses this property. The Concept Plan shows a 60' private drive. We have asked the property owner to have their Transportation Engineer evaluate the size of the thoroughfare. Additionally, provisions need to be made to extend the thoroughfare to the north past the 80' east/west thoroughfare shown. Additionally, the standards are indicating an eighty foot pole sign for the site. The City standard for this site along U.S. 75 and West White Street is 35'. It is the staff recommendation that the signage be limited to 35'. (b) Consider/Discuss/Act on recommendation regarding an ordinance by replacing the existing Planned Development (PD) Ordinance Numbers 120-2003 (PD) and 121-2003 (PD) establishing a new Planned Development with guidelines and uses. The property is located north of West White Street and east of U.S. Highway 75. JACKSOiN �VALKP;R I,.L.P. ATTORNEYS & COUNSELORS November 6, 2013 Vin Haeul De[irert �Ir. Maurice Schwanke Planning Director City of Anna 101 N. Powell Parkway Anna, "texas 75409 \VilliaIn S. Dahlstrom (2 L1) 953-5932 (Direct Dial) (21A) 661-6616 (Direct Fax) wJahlstrmnrljutcom Re; Application I'or Planned Development on approxintntcly 1 I5.61 acres of Imul located at the northeast corner of US 75 and Pyf 455 Dear Maurice: On behalf of the owner of the property referenced above, we are filing the accomparying application for a planned development district for the subject property. The City's Comprehensive Plan classilics the subject properly as "Commercial" and the property's sh'ategic location is ideal for a regional conuuercial projccl will) ntUltifantily uses that buffer the proposed commercial development Boot single family uses to the cast, ht connection with the above -referenced planned dcvclopntont application, please find the following items accompanying this letter: I. Application I'orLoningChart ge; 2. Disclosure of 11 crests lornts; 3. Proposed planned development conditions; 4. Proposed Concept Plan; 5. Proposed Development Plan for southwest corner of the Property; 6. Executed letter of authorization, signed by the property owner authorizing this firm to represent the owner in this process; 7. Metes and hounds description of the subject property; S. Map showing the location of the properly; 9. A list of properly owners within 200 feet of the subject property; and 10. Filing fee check in the amount of $3,968,00. Thank you very much Ibr your assistance with this, mxl please let us know if you have any questions. Sinccrepi• yours, n ��tc/ ((-J�e's Villiam S. Dahis`lrom cc: t3rian [3ischoff Lisa Switl Nick SUlkotvski 901 Vain Srrccq Suite (000 Dalta.,'I'cxa. 752U2 (21d) )53(UDD Gtz (21-t) 95;-.5522 wwx•.ltv.ennt Austin ralLs tort 6Vni th Ilonstnn San Angelo San Antonin htcm6er of GL06AL14V"-� 974.1727v.I I43944l0000I AI)plicatiou for Zoning Change ]?lease citecic the aplwoprinte box below to indicate the type of requestyou al•e malcine and provide all information required to pl•ocess Your request, ❑ ZmrinR ChnnEe C] Sneelfle Use Perurit Planned Uevclopnrcut ® Zm)ine Verification Letter Q ZOnila Conrl)liance Insoectiou ❑Site Plnu Failure to obtain final approval on this case within six months pray constihrle denial m +vilhdrfln`fll of this case by Council or Staff without refimd of fees. Fees required for this application established by the City of Anna must be submitted sinudtaneously with this application for acceptance. Ines; ')_Doing - 531111, plus SIII pe' acre Pkunu'd Dcvelopmenl -.Sillfl, plus.l'3(I per acre Specilic Use - S300 plus Sill per acre, "Loninl; Campllnucc hlspcciiun - SI1111 Illininf! irCl'iNL'Di1111i Ll'til`I' -`3100 Sift'. Pbril - Q'50 are no or iL.\':i S300 more f imi ono nere I NBC of US 75 and FIVI 455 Subdivision NA NA Lot No. Block No. _ Size of Kequesl _I_I O.b Gxisling Zoning PD an -2 Requesled Zoningluso New PD A metes and bounds description must be attached if the request is for: (A) a pettier of a platted lot or (B) not a platted lot. Applicant/Owner Information Key Contact William S. Dahlstromfelephone No. (214) �PAx No. (214) N 6616 Address 901 Main Street Suite 6000 City Dallas Stale TX Zip Code 75230 Email w a s rom )w.com Contacts Status: (check one) ❑ Owner O Representative ❑ Tenflut ❑ Prospective Buyer The owner's signature is required on this application and mull he notarized, whether a single owner m• a cmpmnliou. this is to cell ly that 1/N0 the undersigned, an /are the sole o+vner(s) of the property desa Thad above on the dale of this application, and have read and understood the Disclosure of Interest Form attached to this application, and complete sane. i . Otvnor City No, e�_ZipCode �S72S Q Seminole Anna T ' CeporatimrlParhneship/Owner Address 5956 Sherry lane Suite 1250 Telephone No, d84�g^FAX City Dallas State�_zip Code 75)P Email brianb �R� Notary Sinlement (All Signatures iviust Be Notm•ized) ii , �{ � I _ ' !,, Before me, the undersigned authority, on this day personally appeared _d �l I QFI/� �1 • �Ct i WU Ir,$'IhC1G ll (owner or agent name) known to line to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to file that he executed the same for the purposes and consideration expressed and 'fit the capacity therein stated. r'-it� , ` a Given under myhandand seal of office on this--% day of � G\tQ nil ol2 , (92)/ S SEAL e LAURA S. R(CKMAN , t.(11 Notary Public Notary Publlo In and for the Slate of Texas. My Commisslon Expires: % C) ` sc} i� \.,• Y9 STATE OF TEXAS `� My Comm. Exp. act. 000 20% C•ul^� answer CITY OF ANNA DISCLOSURE OF INTERESTS bISCLOSURE QUESTIONS A. Do you believe that a City offlclai* or City employee** may have a conFlid of inter in e properly or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of Interest in the property or application referenced on reverse side. C. State all information upon which you base die belief (use additional paper, if necessary). I certify that all Information provided Is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted to the City of Anna, Texas, as changes occur. Name of Certifying Person:I �I �IQ(� YCt{��t14'Sft CcG" yl Title of Certifying Person:,11hi Ivat Signature of Certifying Person: *Mayor, City Council memt�ers, Planning and Zoning Commission members, and Zoning Board of AdJustment members. **City Manager, City Secretary, City Attorney, and all department heads CITY OF ANNA DISCLOSURE OF INTERESTS DISCLOSURE QUESTIONS A. Po you believe that a City offidal* or City employee** may have a conflict of int eshlQQ the property or application referenced on the reverse side? Yes 11 0 '1 B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of Interest in the property or application referenced on reverse side. C. State all Information upon which you base the belief (use additional paper, If necessary). I certify that all Information provided Is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any Information requested; and that supplemental statements wlll be promptly submitted to the City of Anna, Texas, as changes occur. Name of Certifying Person; (+//r l I�r rtA -S �l/�//L S'%�Ci/L9 Title of Certifying Person: APPC / Signature of Certifying Perso6 --i eI *Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of AdJustment members. **City Manager, City Secretary, City Attorney, and all department heads N89018153 E 965084 \ l / I ; / POTENTI�,L�80' PUBLIC R.O.1V. /.��- 1.9 �CF{�S � 0 1 ' fIIell S89020145"E, I ftIIIfit i Cn 10'54 E i ;r titIIIL { u, \ /i: l IIII41 f I-- : { it � -�•, � . /) r fry v i �', -, v i NEms= ® / / � �•,; / � '. iI f , i itfIIitfII f 4"W \ r 0 Fv��•. , g87°.58', , / ; I, 09'29,1W 371;� � , �N86°53 �� � , o ,16��W ' v_� 98.80' 1 211.81 � S56 59 � I , , III t624 II i ; - ,•, l _ egg 0,�2,��. �� \ \ _- '- - - 2'.21 W 1. q , CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of West White Street and East of U.S. 75) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY' S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north of West White Street and east of U.S. 75 is rezoned from Planned Development (PD) Ordinance 120-2003 and Planned Development Number (PD) Ordinance 121-2003 to Planned Development (PD) zoning; 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 Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Planned Development Ordinance 120-2003 and Planned Development Ordinance 121-2003 to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Commercial (C-2) with restrictions and addition as set forth below: 1. Purpose. The purpose of this Planned Development District is to facilitate the development of a high - quality, mixed -use development in the northeast quadrant of US 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, residential and office uses. Development is intended to demonstrate excellence in site planning and design, and provide exceptional circulation from within the development to West White Street (FM 455) and US 75. 2. Definitions Except as otherwise provided herein, the definitions in Section 4 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 Planning. b. Exterior insulation finishing system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Concept Plan. Development of the Property must generally comply with the concept plan attached hereto for all purposes as Exhibit "B ", (the "Concept Plan "). 4. Development Plan Development of the property will be subject to a Development Plan (Detailed Site Plan) Future phases of the development must generally comply with development plans approved in accordance with Section 30 of the City's Zoning Ordinance except as otherwise modified herein 5. Development Standards. A. "C2" Property. Development of those portions of the Property designated as "C-2 Uses" on the Concept Plan 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-2", General Commercial District, and the "THOR Overlay", except as otherwise provided herein. 1. Uses: in addition to the Uses permitted under C-2, the following Uses shall be permitted by right: a.. Tool rental shop (as an accessory use); b. Commercial Greenhouse (as an accessory use); c. Bldg. materials, hardware (Inside storage) 2. Uses not allowed within the district or allowed with Specific Use Permit: a. Motel, motor hotel, or motor lodge b. Travel trailer park Permitted with specific use permit Not Permitted 2 3. 5. 6. 7. c. Cemetery or mausoleum Not Permitted d. Concrete, asphalt batching plant temporary (for onsite facility construction) Permitted with specific use permit e. Fraternal organization, lodge or civic club Permitted with specific use permit £ Kennel, outside pens Not Permitted g. Stadium orplayfield, public Not Permitted h. Swimming pool private Not Permitted i. Heliport orheliatop Not Permitted j. Radio, TV or microwave oper., amateur Not Permitted k. Radio, TV or microwave oper., commer. Not perutted 1. Service yards of government agency Not Peritted in. Transit station or turnaround Not Permitted n Auto leasing and rental (with more than five vehicles on site) Not Permitted o. Auto paint and body shop Not Permitted p. Automobile and trailer sales area, new Not Permitted q. Automobile and trailer sales area, used Not Permitted r. Boat sales and storage Not Permitted s. Bus terminal Not Permitted t. Flea market Not Permitted u. Tire dealer (with outside storage Not Permitted v. Heavy machinery sales Not Permitted w. Massage parlor Not Pernitted x Metal dealer, crafter precious Permitted with specific use permit y. Nude modeling studio Not Permitted z. Trailer, manufactured housing or mobile home display and sales Not Permitted aa. Veterinarian clinic (outside pens) Not permitted Lot Width: Minimum lot width is 40'. 4. Interior Side Yard and Rear Yard: there shall be no minimum Interior Side Yard or Interior Rear yards. Minimum lot area: 10,000 square feet Maximum building height: 60' Parking: a. A "stand-alone" retail building in excess of 60,000 square feet shall be 3 considered "retail" for purposes of calculating parking and shall not be considered part of a "shopping center" on adjacent lots. b. Shared Parking: Parking spaces may be applied to two uses with mutually exclusive hours of operation. c. Parking for a "restaurant "Use that is not part of a "shopping center" shall be provided at 1 parking space per 100 square feet of floor area, exclusive of patios. Parking for a "restaurant" Use that is part of a "shopping center" shall be provided as part of the "shopping center " parking requirement. d Medical uses: 511,000 sq. ft. e. Retail uses: 4/1,000 sq. ft. E Shopping Centers: 5.511,000 sq. ft. 7. Masonry Content: 100% masonry as defined herein. 8. General: a. Screening pursuant to Section 24.08 shall not be required for C-2 Uses that abuts public streets or access drives within this Planned Development District that is designated for Residential Use. 9. Outdoor display areas (Garden Centers) a An outdoor display area (garden centers) 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 feet (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. B. C-2/1V1F Property: Development of those portions of the Property designated as "C-2/1V1F Uses" on the Concept Plan must comply with the following development standards: 1. General: This area permits uses permitted in both "C-2" and "MF". Uses permitted in "C-2" that are developed within this area must comply with the development regulations set forth in Section 4.A above. Uses penmitted in "MF " that are developed within this area must comply with the following: a. Uses: Multifamily units shall be allowed. b. Density: A maximum of thirty-five (35) units per gross acre of land shall be permitted. c. Lot Area: The minimum area of any lot shall be ten thousand (10,000) square feet. d. Required Parking: Parking requirements for multifamily development areas shall be one and one (1.5) space per one -bedroom and efficiency units, two (2) spaces per two or more bedroom units. e. Minimum Dwelling: The minimum floor area for multifamily units with one bedroom shall be five hundred, fifty (550) square feet, exclusive of garages, open breezeways and porticos. 4 f. Lot Coverage and Open Space: In no case shall more than fifty (50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. g. For purposes of this PD "open space" includes developed city park. i. All multifamily units must be located within six hundred feet (600') of an open space area. The Planning & Zoning Commission may approve this distance to be increased to up to one thousand two hundred feet (1,200') if the shape of the multifamily development is irregular or if existing trees/vegetation on the site can be preserved by increasing the distance. ii. Within open space areas, there shall be at least one (1) tree for every two thousand (2,000) square feet of space. New trees planted to meet this requirement shall be a minimum of three inches (3") in caliper. iii. Individual open space areas shall be at least twenty thousand (20,000) square feet in size. Open space must be a minimum of fifty feet (50') wide, and must have no slope greater than ten percent (10%). At the time of Site Plan approval, the Planning & Zoning Commission may approve full or partial credit for open areas that exceed the 10% maximum slope if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development or the surrounding area. iv. Pools, tennis courts, walkways, patios and similar outdoor amenities may be located within areas designated as open space. Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead electrical transmission lines and easements, drainage channels and antennas may not be included in calculating useable open space. h. Lot Width: The minimum width of any lot shall not be less than fifty (50) feet. i. Lot Depth: The minimum depth of any lot shall not be less than one hundred twenty (120) feet. j. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. k. Side Yard: The minimum side yard on each side of the lot shall be ten (10) feet. A side yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation of fifteen (15) feet shall be provided between multi -family structures. If a side yard is adjacent to a single family residential district, there shall be a twenty-five (25) foot setback and a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height. 1. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25) feet. If a rear yard is adjacent to a single family residential district, there shall be a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height, 5 in. Maximum Heim Buildings shall be a maximum of three (3) stories, not to exceed forty (40) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. n. Minimum Lot Size: The minimum lot size shall be 8 acres. o. Screening Requirements: Border fencing of masonry construction (approved by the City) of not less than eight feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property line on any perimeter not abutting a creek, public street or right-of-way. This fence shall be maintained throughout the existence of the multifamily complex by the owner of the complex. p. Staggered Wall Line: Front elevation walls must have a minimum four (4) foot offset between the relative front walls (exclusive of exterior balconies) of two adjacent units in the same building. q. Masonry Requirements: All principal multi -family buildings and structures shall have at least ninety percent (90%) of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas constructed of masonry as defined herein. r. Roof Articulation: The main roof plane shall not occupy more than 70 percent of the plane. 6. General Miscellaneous Regulations. A. Floodplain Designation OverlU: For purposes of this Planned Development District, property within the designated floodplain shall contain an "FP-PD" overlay designation which shall not be considered a zoning district. In the event any of such property is reclaimed and taken out of the designated floodplain, then such overlay shall change to reflect the reclaimed land and such change in the "FP-PD" overlay shall not be required to be approved in the same manner as a change in zoning district. B. Signag_e. The Sign Regulations set forth in Part III-D of the Anna City Code of Ordinances shall apply to this planned development district except as modified as follows: 1. Pole Signs: a. Locations: Pole signs may be located along U.S. 75 and West White Street frontage; b. Minimum lot width: 40' c. Copy area: 300 sq. ft. for the sign identified on the Concept Plan; all other signs: 200 sq. ft.; d Setback from adjacent property line: 5', but outside of a 25' x 25' visibility triangle; e. Maximum height: 80 feet; 9 f. Sign coordination plan: A sign coordination plan shall be required for the entire Property. Signage for each phase of development must be identified on each respective development plan. C. Minor modifications. 1. For purposes of this Planned Development District, a minor modification shall be defined as: (1) a change to a footprint of a building in which the proposed footprint remains within the building envelope shown on the Conceptual Site Plan, and (it) except as otherwise provided in (i), a change to the Concept Plan, any Development Plan or the Development Standards which does not increase the building coverage, floor area ratio or residential density of the planned development, does not decrease any of the specified area regulations or enumerated parking ratios, nor substantially changes the access or circulation on or adjacent to the site. The Director of Planning may approve minor modifications to the Concept Plan and any Development Plan. 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 7 amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor N 5. Consider action to approve Minutes of the December 2, 2013 Planning and Zoning Commission Meeting. MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING December 2, 2013 The Planning and Zoning Commission of the City of Anna held its regular meeting on December 2, 2013, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. Call to order and establishment of quorum. The meeting was called to order at 7:00 p.m. by Chairman Justin Burr. Members present were Justin Burr, Sandy Setliff, Tiffany Burleson, Elaine Gothard, John Johnson, Darrin Colombo and Lee Miller. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discus/Act on recommendation regarding "Dickschat Addition" Development Plat. Mr. Schwanke gave a presentation. The development plat is located within the extraterritorial jurisdiction of the City. The tract is in the J. C. Neil Survey, Abstract No. 659 and contains 40.298 acres of land located at 11971 County Road 509 and north of Sam Rayburn Freeway. Several proposed improvements are shown on the tract. The following items need to be added at the time of the time of preparation of this report as follows: 1.) A proposed 20' water line easement reservation needs to be added west of the right-of-way reservation for CR 509. 2.) The finished floor elevation for the residential structure needs to be added. 3.) Note stating the following: Prior to any construction (including site grading) in the floodplain a Development Permit from Collin County Engineering must be obtained. Once the above additions have been added the development plat will meet the City of Anna development plat requirements. The Staff recommends approval of the development plat. A motion was made by Mr. Colombo to approve the development plat with the conditions that the above recommendation be corrected on the plat. Ms. Setliff seconded the motion. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "Martinez Addition" Final Plat. Mr. Schwanke gave a presentation regarding final plat. A final plat has been received on approximately two acres of land located in the area generally known as East Fork Estate which has not been platted in the past. The subject property address is 9604 East Fork. PZ Agenda 12-02-13.doc Page 1 of 3 12-02-13 The owner is proposing to build a new home which will also require a Collin County approved septic system. As such a variance to the Subdivision Rules and Regulations requiring the property be connected to the City's wastewater collection system has been applied for as noted on the plat. The Staff is recommending approval of the final plat subject to this variance request. A motion was made by Ms. Burleson to approve the final plat with the conditions of city staff recommendations. Mr. Johnson seconded the motion. The vote was unanimous. 5. Consider/Discuss/Act on recommendation regarding "Anna Crossing PH 1A & 1B" Preliminary Plat. Mr. Schwanke gave a presentation and answered questions from the Commission. A final plat has been received on approximately 41.568 acres of land that is south of County Road Number 422 and east of State Highway Number 5. The owner, Anna Town Center No. 1/BRGT, LTD. is proposing 175 residential lots. A previous preliminary plat was approved, however, significant changes have been made and a new preliminary plat has been submitted. The developer has submitted detailed plans that are being reviewed by the Staff and the City Engineer. The detailed engineering comments for those plans are not part of the preliminary comments but are currently being reviewed and should not impact the face of the plat. The staff has several comments on the property as outlined below: Staff Comments 1. A schedule of Development is needed. 2. Street names need to be provided. 3. An additional street stub needs to be provided to the east and the south. 4. Lot 37, Block A should not be a tract instead of a lot and shall be maintained by a HOA. 5. All common areas shall be maintained by an HOA including the island inside the right-of-way of Street C. 6. Label Temporary dead end streets. 7. Provide curvilinear street calculations. 8. The maximum block length is 800 feet. The staff would support a variance request on this requirement. A note needs to be added to the plat requesting this variance. 9. Barricades will be required at the end of all dead end/street stubs. 10. A masonry fence will be required along the northern property line. 11. A 10' utility easement is required along all street right-of-ways. 12. Include the proposed right-of-ways for all perimeter and offsite streets to be built with phase I. 13. Remove the Typical Pavement Section detail from the face of the preliminary plat. 14. Additional right-of-way between the street shown and the Cunningham tract is needed. Engineer Comments 1. Bearing and distances on the plat do not match the legal description. The acreage on the plat does not match the legal description. 2. Show typical utility easements along right-of-ways and between lots. PZ Agenda 12-02-13.doc Page 2 of 3 12-02-13 A motion was made by Ms. Gothard to recommend approval of the preliminary plat with the conditions that the above recommendations corrected on plat. Mr. Colombo seconded the motion. The vote was unanimous. 6. a) Public Hearing: To consider public comments on a request by Joe Greer, owner of property, requesting a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage at 505 N Powell Pkwy, the subject property. . The property is currently zoned as C-1 Restricted Commercial. The Public Hearing opened at 7:15 p.m. Mr. Schwanke gave a presentation and answered questions from the Commission. The Specific Use Permit request is to allow the operation of a re -sale shop with no outside storage. Ms. Nora Sue Weatherford, the proposed tenant, regarding the facility has noted in her letter of intent that the facility would be used to house used home furnishing, clothing, shoes, antiques, etc. for re -sale. No responses have been received from property owners, located in the affected area. The staff recommends that any approval of this facility should have no outside storage and no outside display. Mr. Joe Greer, owner of property, gave a presentation and answered questions from the Commission. Ms. Brenda Adams, the proposed tenant, gave a presentation and answered questions from the Commission. The Public Hearing closed at 7:39 p.m. (b) Consider/Discuss/Act on recommendation regarding an ordinance for a Specific Use Permit to allow the operation of a re -sale shop service with no outside storage located at 505 N Powell Pkwy. A motion was made by Mr. Burr to approve the zoning request with the recommended conditions by staff that will be no outside storage or display. Ms. Gothard seconded the motion. The vote was unanimous. 7. Consider action to approve Minutes of the November 4, 2013 Planning and Zoning Commission Meeting. A motion was made by Mr. Burr, seconded by Ms. Gothard to approve the Minutes of the November 4th meeting. The vote was unanimous. 8. Adjourn. There being no further business, a motion was made by Ms. Gothard, seconded by Ms. Burleson to adjourn meeting. The meeting adjourned at 7:47 p.m. Maurice Schwanke Director of Planning and Development ATTEST: PZ Agenda 12-02-13.doc Page 3 of 3 12-02-13 6. Adjourn.