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.
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..........................
ERIC S. SPOONER
..........................
5922 Y
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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
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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
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