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HomeMy WebLinkAboutOrd 0983-2022 Rezoning 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. g8a-AOA3 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. 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. i. 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 50-foot intervals. b. 20-foot-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25-foot 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. 91 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: APPROVED• p F A4I�i I Carrie L. Land, City Secretary Nate Pike, Mayor r 4 EXHIBIT 1 LEGAL DESCRIPTION BEING a 11.0943 acre tract of land located in the Granderson Stark Survey, Abstract Number 798, 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 20017'44" East, along the southeast lot line of said Lot 1, 571.74 feet to an iron rod set at the east lot comer of said Lot 1; THENCE North 70053'27" 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 18045'25" East, departing the said northeast lot line and along the said southeast property line, 374.55 feet to an iron rod set; THENCE South 71 ° 14'35" 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 northwest right-of-way line of said Finley Boulevard; THENCE South 31 ° 18' 10" West, along the said northwest right-of-way line, 382.60 feet to a 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 58014147" 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 EXHIBIT A RRpP�SEOIEGENO n rsnm - r+ncanmmu O O & .m a�x` C' L I'i' ENGP'EEA OEVEtGEROMNER tMWSGPE RP NIiELi YGXIiEC! Wim*m 'intro of bra xi •,-@x.wma x1 R�A�.OVwR �w �artgrm q�sesu,Pc I,i�w�ilawm n min weura �M'svoa i�tWMr� JUNE 88.2N2 11 JUNE e.= II CONCEPT PLAN ANNA TOWN SQUARE ADDITION LOT 2, BLOCK A 11.09 ACRES GRANDERSON STARK SURVEY. ABST. 798 CRY OF ANNA, COLUN COUNTY, TX 75409 Bowrnm f/Y/Wi 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 MF-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 Proposed multiple -family residences The Grand at Anna Town Square) 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 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 a six -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: Parkins: 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 25-foot 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: i. 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 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 IV C I.x vFN rU R F.S Parking Ratio EXHIBIT 1 The Grand at Anna Town Square Phase 2 — Zoning Standard Amendments MF-2 Standard _ • Calls for 2 spaces per dwelling unit; plus 75% of the parking must be covered; an additional 0.25 spaces per unit for visitor parking is required. Unit Size • One-half (1.5) spaces per one -bedroom and studio units, two (2) spaces per two or more -bedroom units. With this ratio and our unit mix, we would need 369 parking spaces. Our concept site plan has 440 parking spaces which includes tandem spaces and 18 handicap spaces. ➢ Our justification for this amendment is based on actual unit mix. We have a much larger percent of 1 and 2 bedrooms in our unit mix. Our historical data and experience indicate our development will have more than adequate parking. ➢ Studios = 3 ➢ 1 Bedroom =147 ➢ 2 Bedroom = 68 ➢ 3 Bedroom = 6 • We are proposing to have 148 covered spaces out of the proposed required parking (369 spaces). This is approximately 40%covered spaces which includes a minimum of 24 garages. ➢ In our experience 30%to 40% covered spaces is the max that residents will rent. Covered parking should be based on market demand since these cost for these improvements must be passed on to the residents. --Standard - • According to staff, the city does not have any ordinance that Studio minimum unit size: 575 SF regulates unit size for multi -family dwelling units. 1 bedroom minimum unit size: 648 SF • 2 bedroom minimum unit size: 1026 SF • 3 bedroom minimum unit size: 1,320 SF Screening Fence MF-2 Standard Proposed Screening Fence • 8'tall masonry border fence along property line not abutting a Perimeter fence to be constructed with metal and masonry pilaster. public street or right of way. ➢ Justification: Our site is surrounded by public street and right of way on two sides. The other two sides are surrounded by multi -family zoning. Rev. 0R.16.2021 Zoning -An Town Square Addition, Block A, Lot 2 COUNTY) ROAD �,1036 • a g r ��,' t a . O z i A LN P NF`Ta. R. M r x :_4'+ L THE CITY OF Atitta Property - ��� .-•-� B A n .���►��� L1�,! .� T�lf��Riil�if.SM1[i�I