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HomeMy WebLinkAboutOrd 943-2021 Rezoning Property at The Grand at Anna Town CenterCITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located at the southwest corner of Finley Boulevard and Florence Way) 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 from Anna Town Center Mixed Use, LLC on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located at the southwest corner of Finley Boulevard and Florence Way was zoned by Ordinance No. 129-2004; 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 (the "Anna Code") are hereby amended by amending the zoning of the Property described in Exhibit 1 and as depicted in the Concept Plan on the attached Exhibit 2. 1. Purpose. 1 The purpose of this Planned Development District is to facilitate the development of high - quality Multiple -Family Residential - High Density District. 2. Definitions. Except as otherwise provided herein, the definns in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. A. 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 - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 50 feet (3-story) ii. Maximum number of units: 280 iii. Parking: A minimum of 1.5 off-street parking spaces shall be provided per one -bedroom and studio units, two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling unit for visitor parking. iv. Covered Parking: 40% of the required unit parking must be covered to include garages. v. Perimeter Fence: Border screening and fencing on any perimeter not abutting a public right-of-way shall consist of the following: a. Ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height along with masonry columns at no more than 50400t intervals. b. 20400t-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25400t centers. vi. Refuse facilities: Development shall have a minimum of one compactor onsite. Each compactor facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Development will utilize a valet waste service to collect residents trash directly on scheduled days. 2 B. Plats and/or site plans submitted for the development of the PD 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. C. 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. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. 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. PASSED by the City Council of the City of Anna, Texas this 28th day of September 2021. ATTESTED: Carrie L. Land, City Secretary +�+,++unn„ �, APPROVED: �` date Pike, I lilt Mayor EXHIBIT 1 - PAGE 1 OF 2 ANNA TOWN CENTER REZONING METES AND BOUNDS DESCRIPTION GRANDERSON STARK SURVEY, ABSTRACT NUMBER 798 CITY OF ANNA, COLLIN COUNTY, TEXAS BEING a 13.3722 acre tract of land located in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, said 13.3722 acre tract a portion of the remainder of a called 80.00 tract of land conveyed to ANNA TOWN CENTER MIXED USE LLC, by deed thereof filed for record in Instrument Number 20150317000291340, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said 13.3722 acre tract being more particularly described by the metes and bounds as follows: BEGINNING at a mag nail found on the north property line of the said 80.00 acre tract, said mag nail found being at the intersection of the south lot line of Lot 1, Block 1, Anna Crossing Addition Phase 11, being an Addition to the City of Anna, Collin County, Texas, according to the plat thereof filed for record in Instrument Number 2018-718, Plat Records, Collin County, Texas, with the west right-of-way line of Florence Way (being an 80 feet wide public right-of-way at this point, as shown on and dedicated by plat of Anna Crossing Phase 7, being an Addition to the City of Anna, Collin County, Texas, according to the plat thereof filed for record in Instrument Number 20180907010004210, O.P.R.C.C.T), said beginning point having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 7,173,011.23 and E: 2,564,438.53, said beginning point also being at the beginning of a curve to the left having a radius of 540.00 feet; THENCE departing the said lot line, along the said right-of-way line and along the said curve to the left, an arc length of 294.92 feet and across a chord which bears South 24°51'20" East, a chord length of 291.26 feet to a 5/8 inch iron rod with a cap stamped "RPLS 4838" found; THENCE continuing along the said right-of-way line the following courses and distances: South 40°30'04" East, 96.13 feet; South 04029'S6" West, 14.14 feet to a 5/8 inch iron rod with a cap stamped "RPLS 4838" found at the intersection of the said west right-of-way line of Florence Way with the northerly right-of-way line of Finley Boulevard (being an 80 feet wide public right-of-way at this point, as shown on and dedicated by the said plat of Anna Crossing Phase 7); THENCE along the said northerly right-of-way line of Finley the following courses and distances: South 49°29'56" West, 97.96 feet to the beginning of a curve to the left having a radius of 1,040.00 feet; Along the said curve to the left, an arc length of 331.46 feet and across a chord which bears South 40°22'07" West, a chord length of 330.06 feet; South 31°18'10" West, 81.45 feet; THENCE North 71014'35" West, departing the said northerly right-of-way line and over and across the said 80.00 acre tract, 861.30 feet to the an easterly property line of a tract of land conveyed to Dallas Area Rapid Transit, by deed thereof filed for record in Volume 5443, Page 5532, O.P.R.C.C.T; THENCE North 18°45'25" East, along the said easterly property line, 480.72 feet to the said north property line of the 80 acre tract; Anna Town Center Rezoning Description � Anna Town Center � Page 1 of 2 Spooner R Associates, [nc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersuiveyors.com - S&A 210G 1.1 EXHIBIT 1 - PAGE 2OF2 ANNA TOWN CENTER REZONING METES AND BOUNDS DESCRIPTION GRANDERSON STARK SURVEY, ABSTRACT NUMBER 798 CITY OF ANNA, COLLIN COUNTY, TEXAS THENCE North 89°42'S2" East, along the said north property line, at a distance of 21.60 feet passing a 1/2 inch iron rod with an illegible cap found at the southwest lot corner of said Lot 1, Block 1, Anna Crossing Addition Phase 11, continuing along the said south lot line of Lot 1, in all a total distance of 807.83 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 13.3722 acres (582,494 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) Note: This metes and bounds description shall be used for ZONING PURPOSES only, and shall not be used for conveyance purposes. OF %gyp �eISreRFFf 1 O 9 .......................... ERIC S. SPOONER .......................... 5922 Y Fs ... • yOQ' 1 r� Eric S.°5pooner, RPLS Spooner &Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 Anna Town Center Rezoning Description � Anna Town Center � Page 2 of 2 Spooner &Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors.com - S&A 21061.1 ueusmoe S C S 1 I I I y zN �z aw w � � a S g uy `Sol mu o? 6 0t S w8 W = o E a �9 az M2 �6 9��za 86L'1S8V A3AHf1S NHV1S NOSH34NVHEJ S3HOV LS•e1 3HVf1OS NMO1 VNNV IV ONVHEJ 3H1 NVId 311S 1d3ONOO d x Yg a g s � YY z SS i• g€ gggg gg0y 59 `a � ya a ggpp� Y ®�pg��ggp �`p2pp � d 9y y �g �88^ay ' gg gNggg�Y2�IE�p3ry��^€gg E��a � a E�� $ g� 0 rl 1 § \ o Eg �LLm� i BOCT Is to Qwo z< F?l3IF oz i ou vy g8g_bi 11 0 fi Ea a12 Rif S Y 6 mm c w n� N S cn n WJ m N U Z Q Q}} Q m U O z z F (LFW¢p a F UU F QOCyU U Z W z Q ¢ � fqm (- Q�QJ W 4M cn0 U Q zQ W y Z Cl) z Q Q W LL W Q O m20 = z} H F �0 Q d W U 2 _ / I I 1 (�liil •iirl /urll i .III ull EpE W X W 0 rl 1 § \ o Eg �LLm� i BOCT Is to Qwo z< F?l3IF oz i ou vy g8g_bi 11 0 fi Ea a12 Rif S Y 6 mm c w n� N S cn n WJ m N U Z Q Q}} Q m U O z z F (LFW¢p a F UU F QOCyU U Z W z Q ¢ � fqm (- Q�QJ W 4M cn0 U Q zQ W y Z Cl) z Q Q W LL W Q O m20 = z} H F �0 Q d W U 2 _ / I I 1 (�liil •iirl /urll i .III ull EpE W X W U Q��Zr3 < otio�U 1 = 1 1�� 1 •'1 .Z Ii LL pp 00 Tom ♦ ,It OjIT 1Oa CITY OF ANNA PLANNING & ZONING COMMISSION September 7, 2021 Public Hearing: Zoning — PD-MF-2 (The Grand at Anna Town Square) Applicant: Anna Town Center Mixed Use, LLC DESCRIPTION: Request to rezone 13.4± acres located at the southwest corner of Finley Boulevard and Florence Way from Planned Development -General Commercial/Multiple-Family — High Density (PD-C-2/MF-2) (Ord. No. 129-2004) to Planned Development -Multiple -Family - High Density (PD-MF-2) with modified development standards for multiple -family residences on one lot. REMARKS: The subject property is located within portions of District G (Town Center Zone) and District H (Southern Town Center Zone) of the Anna Crossing zoning. Both districts allow multiple -family residence by -right. Staff is recommending the property be rezoned rather than amended in order to clean-up the zoning district boundary associated with the current request. Additionally, the applicant is requesting to modify MF-2 Multiple -Family Residential — High Density (MF-2) development standards pertaining to parking, fencing, and refuse facilities. A concept plan, The Grand at Anna Town Square Block A, Lot 1, accompanies this request. Surrounding Land Uses and Zoning North Existing multiple -family residences (Anna Crossing Phase 11 - Palladium a artments East Across Finley Boulevard single-family residences (Anna Crossing Villas). South Vacant Land zoned for commercial and/or multiple -family residences West D.A.R.T, R.O.W. Proposed Planned Development Stipulations Design Standards The existing zoning currently permits 3-story multiple -family residences. The language in the proposed stipulations re-establishes the allowed use with the same maximum height of 3 stories or 50 feet. Parking —Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance require a minimum of 2 parking spaces per dwelling unit for multiple -family dwellings, plus 0.25 spaces per dwelling unit for visitor parking. Additionally, 75% of the required parking is required to be covered. ➢ The applicant is proposing to reduce only the required parking for one -bedroom and studio units to 1.5 space and reduce the amount of covered parking to 40%. ➢ The zoning will maintain the required two (2) spaces per two or more -bedroom units and additional 0.25 visitor parking requirements. Screening fence —The MF-2 zoning requires border fencing of masonry construction not less than eight feet in height be installed along the property line on any perimeter not abutting a public street right-of-way. ➢ The applicant is requesting to install asix-foot-high ornamental metal fence with masonry columns. Additionally, along any perimeter not abutting a public right-of- way the site will include a 20400t-wide landscape buffer with vegetative screening. Refuse Facilities —Rather than have multiple dumpsters, the application is proposing one compactor on -site. Additionally, the development will utilize a valet wase service to collect residents trash directly on scheduled days. To help support and justify the modified standards the applicant has provided additional information (Exhibit 1). Conformance with the City of Anna Strategic Plan and Comprehensive Plan Anna Vision 2036 a. Principle 3: Beautiful Community Design standards and development agreements that promote beautiful and "enduring" buildings and commercial areas Preserved some natural areas/open space through the community b. Principle 5: Great Housing Opportunities Diverse housing choices for all family generations City of Anna Goals for 2026 a. Sustainable Anna Community Through Planned, Managed Growth Manage residential growth Have a diverse range of housing choices available in Anna ZONING -THE GRAND AT ANNA TOWN SQUARE PAGE 2 OF 4 ISSUES: Building Height: The existing/current zoning allows for multiple -family dwellings with a maximum height of 3-story/50 feet. The applicant's request maintains the current zonings height allowance. Parking: The applicant is only requesting to reduce the amount of parking allocated for 1-bedroom and studio units while maintaining requirements for larger units and guest parking. Additionally, the applicant is requesting to reduce the amount of covered parking from 75% to 40%. Screening Fence: To soften the visual appearance between the multiple -family residence development and surrounding residential developments (both multiple -family) the applicant is requesting to install wrought iron fencing with masonry columns rather than a solid masonry wall. Additionally, along property boundaries not abutting street R.O.W., the applicant is proposing a 20400t-wide landscape buffer comprised of trees planted staggered at 25400t centers. t31u u�1�7aT:���1 Request to rezone 13.4± acres located at the southwest corner of Finley Boulevard and Florence Way from Planned Development -General Commercial/Multiple-Family — High Density (PD-C-2/MF-2) (Ord. No. 129-2004) to Planned Development -Multiple -Family - High Density (PD-MF-2) with modified development standards for multiple -family residences on one lot. The proposed zoning and concept plan are in conformance with elements of the City of Anna Strategic Plan. The multiple -family residence land use is currently allowed by -right on the property. The proposed development stipulations/restrictions allow for a superior development than what would be allowed under existing zoning allowances. RECOMMENDATION: Recommended for approval as follows: Restrictions: 1. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). 2. Standards and Area Regulations: 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 - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. A. Maximum height (feet): 50 feet (3-story) ZONING -THE GRAND AT ANNA TOWN SQUARE PAGE 3 OF 4 B. Maximum number of units: 280 C. Parking: A minimum of 1.5 off-street parking spaces shall be provided per one -bedroom and studio units, two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling unit for visitor parking. D. Covered Parking: 40% of the required unit parking must be covered to include garages. E. Perimeter Fence: Border screening and fencing on any perimeter not abutting a public right-of-way shall consist of the following: Ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height along with masonry columns at no more than 50-foot intervals. ii. 20-foot-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25400t centers. F. Refuse facilities: Development shall have a minimum of one compactor onsite. Each compactor facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Development will utilize a valet waste service to collect residents trash directly on scheduled days. ZONING -THE GRAND AT ANNA TOWN SQUARE PAGE 4 OF 4 W F J1' z '+� W @ > c aMOORE U Y L (6 a N n O �ej ma O a) s O CM N > 0) Y j ?� N Y to L U N N � C co ui CL C N .O O' a _C a) a v N 0) h N N ,U O-00X L N Lco O E C C Q U a)•16 L Q cr (v L 7 3 x v Q)ma Ou X Y Q o c +� E 0 C E ca t 3 o �_ v CL 3 C En 0 % in O 4F U v Ln 'O 7 E U N� 3 �O C U a)a m AA O i-+ N (O t/1 � +� N CIE a) O °aj o O ro -0Q � U >� In E > Q H 0 N N N� O c in O Ln O L v d' C) ;y +� a) N vOi c-1 N O N O a 0) +, 4 E MEMO,t� �O U m E ON N> t C C ,� LO C -a cj 'X ro 0) Q CIE O N O O U r'1 � W N a C U N ,N U N C N II II II L ca •r .N 4) 40GJ MEMO, a Q U N .� txo 0) tnci O .� N C N O (6 a 0p w 0 0 0 C L U1 T SEE,CIE CL C a tf1 O OLn L "6 L -Q 'Y' 'O m [!] ) .a O Y O Ln OC.O v- o m O E (O a cn �-I N M O U 0) U OU N t CL m h0 m p S v A A A A A A SEEM 41 0 'O O N bo o 00 O E o m o Ln a` N 0A Q("' !_ G L W M C a L f.. 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