HomeMy WebLinkAboutOrd 983-2022 Zoning Property at The Grand at Anna Town SquareCITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the west side of Finley
Boulevard, 510± feet south of Florence Way)
ORDINANCE NO. OQa C tDo10(
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 Grand at Anna II Owner,
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 on the west side of Finley Boulevard, 510±feet south
of 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 definitions 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.
Maximum height (feet): 50 feet (3-story)
ii. Maximum number of units: 222
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 June 2022.
ATTESTED:
1
�r�/hi r i 1141 a 4a;�t
Mayor
EXHIBIT 1
LEGAL DESCRIPTION
BEING a 11.0943 acre tract of land located in the Granderson Stark Survey, Abstract Number 7981
City of Anna, Collin County, Texas, said 11.0943 acre tract being 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 Collin County Clerk's Instrument No. 20150317000291340, Official
Public Records, Collin County, Texas (O.P.R.C.C.T.), said 11.0943 acre tract being more
particularly described by the metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred
to as an iron rod set) on the north right-of-way line of Finley Boulevard (being an 80 feet wide
public right-of-way, according to the plat thereof filed for record in Collin County Clerk's
Instrument No. 20161110010004610, O.P.R.C.C.T.) said beginning point being at the southeast
lot corner of Lot 1, Block 1, Anna Town Square Detention Pond, being an Addition to the said
City and State, according to the plat thereof filed for record in Collin County Clerk's Instrument
No. 20161110010004630, O.P.R.C.C.T., from which a 1/2 inch iron rod with a cap stamped
"GLAS 6081 found at a point of curvature on the said north right -of --way line and the south lot
line of said Lot 1, bears South 87°48'50" West (chord bearing), 73.48 feet (chord length),
THENCE North 20°17'44" East, along the southeast lot line of said Lot 1, 571.74 feet to an iron
rod set at the east lot corner of said Lot 1;
THENCE North 70°53'27" West, along the northeast lot line of said Lot 1, 320.08 feet to an iron
rod set on the southeast property line of a called 200 feet wide strip of land conveyed to Houston
& Texas Central Railway Company (now owned and operated by Dallas Area Rapid Transit) by
deed recorded in Volume V, Page 693, D.R.C.C.T.,
THENCE North 18°45125" East, departing the said northeast lot line and along the said southeast
property line, 374.55 feet to an iron rod set;
THENCE South 71014135" East, departing the said southeast property line, over and across the
said 80.00 acre tract, 861.30 feet to an iron rod set on the northwestright-of--way line of said Finley
Boulevard;
THENCE South 31°18'10" West, along the said northwest right -of --way line, 382.60 feet ton 5/8
inch iron rod with a cap stamped "RPLS 4838" found at the beginning of a curve to the right having
a radius of 820.00 feet;
THENCE continuing along the said northwest right -of --way line with the said curve to the right,
an arc length of 772.81 feet, and across a chord which bears South 58°14'47" West, a chord length
of 744.53 feet to the POINT OF BEGINNING of the herein described tract of land.
The hereinabove described tract of land contains a computed area of 11.0943 acres (483,266 square
feet) of land, more or less.
SPECIAL WARRANTY DEED —Page 5
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CITY OF ANNA
PLANNING & ZONING COMMISSION
June 6, 2022
Public Hearing: Zoning — PD-MF-2 (The Grand at Anna Town Square, Phase II)
Applicant: Grand at Anna II Owner, LLC
DESCRIPTION:
Request to amend standards for multiple -family residence development within portions of
Subdistrict I & H of the existing Planned Development on one lot on 11.1± acres located
on the west side of Finley Boulevard, 510± feet south of Florence Way. The property is
currently zoned Planned Development (Ord. No. 129-2004 & Ord. No. 627-2013).
REMARKS:
The subject property is located within portions of District I (Southern Town Center
Adjacency Zone) and District H (Southern Town Center Zone) of the Anna Crossing
zoning. Both districts allow three stories or 50 fifty -foot tall, multiple -family residence by -
right. Similar to the property and zoning to the north, 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 the same
OF-2 Multiple -Family Residential — High Density (MF-2) development standards
pertaining to parking, fencing, and refuse facilities that were previously granted for the
property to the north (Ord. No. 943-2021) on September 28, 2021.
A concept plan, Anna Town Square Addition, Block A, Lot 2, accompanies this request.
Surrounding Land Uses and Zoning
North
Pro osed multi le-famil residences The Grand at Anna Town S uare
East
Across Finley Boulevard, proposed multiple -family residences (Serenity at the
Square) and Common Area lot Anna Crossing, Phase 1 A).
South
Single-family residence, detached zoned Single -Family Residence — Large
Lot.
West
D.A.R.T. R.O.W. and Common Area Lot (Anna Town Square Detention Pond)
Proposed Planned Development Stipulations
Design Standards —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 borderfencing 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 20-foot-wide landscape buffer with vegetative screening.
Refuse Facilities —Rather than have multiple dumpsters, the application is proposing
one compactor on -site and 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).
ISSUES:
Parking: The applicant is requesting to reduce the amount of parking allocated for 1-
bedroom and studio units to 1.5 per unit 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 20-foot-wide landscape buffer comprised of trees planted
staggered at 25400t centers.
Refuse Facility: Rather than having multiple dumpster locations that could be in close
proximity to neighboring developments, the applicant is requesting to install one trash
compactor and utilize a valet wase service to collect residents' trash directly on scheduled
days.
SUMMARY:
Request to rezone 11.1±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 -
ZONING -THE GRAND AT ANNA TOWN SQUARE PAGE 2 OF 4
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:
If the Planning &Zoning Commission is in agreement with the proposed amendments as
presented by the applicant the Commission should include the following restrictions as
part of their motion.
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)
B. Maximum number of units: 222
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.
20400t-wide landscape buffer consisting of a vegetative screen
comprised of minimum 3" caliber trees planted staggered at 25-foot
centers.
ZONING -THE GRAND AT ANNA TOWN SQUARE PAGE 3 OF 4
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.
3. Plats and/or site plans submitted for the development of the PD shall conform to
the data presented and approved on the Concept Plan. Non -substantial changes of detail
on the final development plan(s) that differ from the Concept Plan may be authorized by
the City Council with the approval of the final development plan(s) and without public
hearing.
4. The Concept Plan will expire after two (2) years of approval.
ZONING -THE GRAND AT ANNA TOWN SQUARE PAGE 4 OF 4
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