HomeMy WebLinkAboutOrd 0989-2022 Rezoning Property at Salida Del SolCITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the west side of N. Riggins
Street, 671± feet north of Anthony Street.)
ORDINANCE NO. gS'q-aD3--:A
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 Innovative Investments
Inc., on Property depicted 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 N. Riggins Street, 671±feet north
of Anthony Street; 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 depicted in the Concept Plan on the attached Exhibit 1.
1. Purpose.
The purpose of this Planned Development District is to facilitate the development of a high -
quality Townhouse project.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
3. Development Standards.
Development of the Property shall comply with the City of Anna Zoning Ordinance utilizing SF-
TH Townhome District base zoning with the concept plan and variances listed below.
1. The location of the planned development zoning district shall be in substantial conformance
with the Concept Plan (Exhibit 1).
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 SF-TH Townhome
District (SF-TH) and the Planning and Development Regulations except as otherwise
specified herein.
A. Permitted land use: Townhouse
B. Lot Area (feet): 2,500 per unit
C. Min. Lot Width (feet): 16
D. Min. Lot Depth (feet): 95
E. Removal of the miscellaneous prevision requiring rear entry off-street parking.
F. Single -width driveway allowed to utilize 45% of the residential front yard.
G. Allow mature tree (25 feet or greater) within 25 feet of the nearest overhead
utility.
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.
2
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.
3
PASSED by the City Council of the City of Anna, Texas this 26h day of July 2022.
ATTESTED: �7 D """"'��+a„ AP
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Carrie L. Land, City Secretary = Nale Pike, Mayor
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Zoning - Salida Del Sol, BlockT Lolr�"
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THE CITY OF
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Anna
i ®Subject 1- Crty Limits
Property Ell
O 209 Notice
Boundary
0 100 200 400
Feet
May 2022
CITY OF ANNA
PLANNING & ZONING COMMISSION
July 5, 2022 (updated)
Public Hearing: Zoning — PD-SF-TH (Salida Del Sol)
Applicant: Innovative Investments Inc.
DESCRIPTION:
Request to rezone 0.4± acre located on the west side of N. Riggins Street, 671± feet north
of Anthony Street.
The rezoning request is from SF-1 Single -Family Residential District (SF-1) to Planned
Development-SF-TH Townhome District (PD-SF-TH).
HISTORY:
At the June 6, 2022 Planning & Zoning Commission meeting the commission tabled and
held open the public hearing in order for the applicant to provide a rendering of the
townhouse product being proposed.
In October 2021 a similar rezoning request was presented to the city for the subject
property (SF-TH Townhome District with modified development standards). The request
was associated with an 8-unit townhome development on one lot with modified
development standards.
REMARKS:
The current zoning request is to allow a six (6) unit townhouse development with modified
development standards. The SF-TH district is intended to provide for a medium density
residential environment of attached townhome units.
A Planned Development (PD) district is intended to provide for combining and mixing of
uses allowed in various districts with appropriate regulations and to permit flexibility in the
use and design of land and buildings in situations where modification of specific
provisions of this article is not contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based and will not be harmful to the
community. A PD district may be used to permit new and innovative concepts in land
utilization. While great flexibility is given to provide special restrictions which will allow
development not otherwise permitted, procedures are established herein to insure against
misuse of the increased flexibility.
A Concept Plan, Salida Del Sol, Block A, Lot 1, accompanies this rezoning request
(Exhibit A).
Surrounding Land Use and Zoninq
The area of the request is currently developed as a single-family residence, detached
neighborhood. The surrounding zoning is Single -Family Residential District - 1 (SF-1).
The SF-1 zoning is designed to accommodate the standard single-family residential
development. The typical lot size within this neighborhood is 7,500 square feet, which is
larger than most existing/proposed single-family residential subdivisions. The properties
to the north, south, and west are developed as single-family residences detached and to
the east, across N. Riggins Street is the DART rail line.
Proposed Planned Development Stipulations
The applicant is proposing to modify existing development standards of the SF-TH zoning
district. Townhouse units would be allowed by -right and subject to the following additional
standards;
1. Minimum Lot Width (feet): 16
City Regulation: Lot width for a lot containing townhouse units shall be not less
than 20 feet per ground floor unit plus side yard requirements.
2. Minimum Lot Depth (feet): 95
City Regulation: Min. lot depth (feet): 160
3. Min. Lot area/size (feet): 2,500 per unit
City Regulation: Minimum lot sizes for townhouses and zero lot line houses shall
be 2,700 square feet per unit.
4. Rear Entry provision:
5. Driveway Parking Area:
(removed)
45% of residential front yard
City Regulation: A single -width driveway running from the street access to a
garage or other parking area shall not utilize more than 15% of any residential
front yard.
6. General Landscape Standard Allow mature tree (25 feet or greater) within
25 feet of the nearest overhead utility.
Attached, Exhibit 1, is the applicants proposed justification associated with the modified
standards request.
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Future Land Use Map — The Future Land Use Map designates this property within the
Downtown Master Plan limits classified as "Intown Residential'
Intown Residential
Downtown Anna contains several pockets of I istonc residential fabric
that surround the Downtown Core, defining the character of this area and
supporting it as a unique and diverse district. As the community grows over
time, reinvestment in the Intown Residential areas will remain essential in
maintaining and elevating the quality of each neighborhood. These mess, aloN
with surrounding undeveloped parcels, can provide the critical residential base
necessary to support the businesses envisioned for Downtown. Additionally,
there is an opportunity to provide a wide range of more urban housing products
that could accommodate people at all stages of their lives. Future land use
decisions in this area should emphasise sound neighborhood placemaking
principles, such as walkable sheets and amenifzed open spaces, to reinforce
civic life and allow neighbors to maintain connections throughout their
communty.
The following primary building types are appropiete in Intown Residential
(Detached residential):
OF
The following secondary building types we appropiate in Intown Residential
(Churches. Civic Structures, Accessory Structures. Open Spaces):
Kimley-»Horn
ANNA 2050 DOWNTOWN MASTER PLAN 21
Townhomes (although not listed as a primary building type) are shown in the illustrations
as appropriate primary building types. The requested PD language would allow for an
urban style of development within'/< mile of the heart of the Downtown Core as identified
in the Anna 2050 Downtown Master Plan. The proposed land use is consistent with the
Master Plan due to providing the critical residential base necessary to support businesses
envisioned for Downtown and providing for a more urban housing product that could
accommodate people at all stages of their lives.
ISSUES:
The city's zoning regulations were adopted to promote health, safety, morals, and general
welfare of the community. They're made in accordance with the spirit of the
comprehensive plan and designed to lessen congestion in the streets; to secure safety
from fire, panic, and other dangers; to promote health and the general welfare, to provide
adequate light and air; to prevent overcrowding of land; to avoid undue concentration of
population; [and] to facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements. These regulations are made with
reasonable consideration, among other things, to the character of the district and its
peculiar suitability for particular uses, and with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout the city.
While the proposed SF-TH land use is supported by the Downtown Master Plan, the
zoning request is seeking to modify adopted standards which are intended to provide for
the orderly, safe, health, and uniform development within the city.
There are two (2) regulations the applicant is seeking relief that would not be needed if
the development was reduced by one (1) townhouse unit.
1. Minimum lot area (2,700 per unit).
2. Minimum lot width (20 feet per unit plus side yard requirements).
When considering planned development zoning requests City officials need to identify
what benefits the particular request brings to the city as well as benefits to the surrounding
area/neighborhoods.
The applicants general statement citing the reason for the reduced lot area and lot width
provides no justification behind the variance request other than identifying a land use:
"The variance will allow for units to be developed on this site which complement
the Anna 2050 Downtown Master Plan; specifically, Intown Residential"
SUMMARY:
Request to rezone 0.4± acre from Single -Family Residence-1 (SF-1) to Planned
Development -Single -Family Residence — Townhome (PD-SF-TH) to allow from a
townhouse unit development with modified development standards.
[ a; C«ZeyIIT, I # I1 vff_ e7TA
Below are recommended restrictions if the Commission votes in favor of the zoning
request:
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
SF-TH Townhome District (SF-TH) and the Planning and Development
Regulations except as otherwise specified herein.
i. Permitted land use: Townhouse
ii. Lot Area (feet): 2,500 per unit
iii. Min. Lot Width (feet): 16
iv. Min. Lot Depth (feet): 95
V. Removal of the miscellaneous prevision requiring rear entry off-street
parking.
vi. Single -width driveway allowed to utilize 45% of the residential front yard.
vii. Allow mature tree (25 feet or greater) within 25 feet of the nearest
overhead utility.
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.
RECEIVED
1, 2022
Salida Del Sol July
PLANNING & DEVELOPMENT Exhibit 1
Requested Variances or Relief from SF-TH Regulations: CITY OF ANNA June 20, 2022
Page 1 of 1
Density: Density is only stated as "Medium" Density per Sec. 9.04.015 SF-TH; a specific number
of units per acre is not provided. High Density is defined as a maximum of 25 units per gross acre
in Sec. 9.04.020 0), MF-2 Multiple -Family Residential - High Density (Miscellaneous Provisions).
Medium Density is defined as a maximum of 12 units per gross acre in Sec. 9.04.019 0), MF-1
Multiple -Family Residential - Medium Density (Miscellaneous Provisions).
Salida Del Sol calculates at 17 units per gross acre; however, only 6 units are proposed for this
project. Each unit will be sprinklered for fire protection with two (2) points of entry and exit for safety.
The variance for this density will allow for units to be developed on this site which complement the
Anna 2050 Downtown Master Plan; specifically, Intown Residential (ref. page 21). This project is
within the identified "Intown residential" area.
Lot area (feet): Appendix 1 shows zoning SF-TH to have a lot area of 2,700 sf per unit.
Salida Del Sol calculates at 2,518 sf per unit. The lot depth is less than 160' and the width varies
as the shape is not uniform. This project is a three-story structure under the 35' maximum height
and the building covers 32% of the lot. The variance for lot area per unit will allow for units to be
developed on this site which complement the Anna 2050 Downtown Master Plan; specifically,
Intown Residential (ref. page 21). This project is within the identified "Intown residential" area.
Minimum lot depth (feet): Appendix 1 shows zoning SF-TH to have a minimum lot depth of 160
feet.
Salida Del Sol has a minimum lot depth of 95.38' and the proposed project is within the front and
rear setbacks. The variance for minimum lot depth will allow for a project to be developed on this
site which complements the Anna 2050 Downtown Master Plan; specifically, Intown Residential
(ref. page 21). This project is within the identified "Intown residential" area.
Sec. 9.04.015(d)(2), SF-TH Townhome District (Height & Area Requirements; Lot Area): This
section specifies minimum lot sizes for townhouses shall be 2,700 square feet per dwelling unit.
Salida Del Sol calculates at 2,518 sf per unit. This project is a three-story structure under the 35'
maximum height and the building covers 32% of the lot. The variance for minimum lot size per
dwelling unit will allow for units to be developed on this site which complement the Anna 2050
Downtown Master Plan; specifically, Intown Residential. This project is within the identified "Intown
residential" area.
Sec. 9.04.015(g)(1), SF-TH Townhome District (Miscellaneous provisions, rear entry off-street
parking): This section specifies rear entry off-street parking shall be provided.
Salida Del Sol has a wide shallow lot and to provide rear entry parking does not complement the
adjacent single-family residents to the rear. The present site layout respects the vegetative green
space all the properties in this area share at the rear of their lots. The variance for rear entry off-
street parking will allow for units to be developed on this site which complement the adjacent zoning
and properties as there is not an alley way along the rear property lines in this neighborhood.
Sec. 9.06.006(a)(5), LANDSCAPE REGULATIONS (Minimum landscaping requirements;
General, horizontal location to nearest overhead utility line): This section specifies no trees
with a maximum mature height of 25 feet or greater may be planted within 25 feet measured
horizontally from the nearest overhead utility line.
Salida Del Sol is a shallow lot of 95.38' depth. There are overhead utility lines along the front and
rear of the lot. The variance for horizontal spacing from overhead utility lines will allow for this project
to plant trees within the 20' front yard setback.
3 RR
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if
THE CITY OF
Anna
Please circle one: i
favor of reques9 Neutral to request Opposed to request
By signing this letter, I declare I am the owner or authorized agent of the property at the address
written below.
Mes �_
Name lease Print) v
Signature
I40 Vvo[6eJAv ww , 04ixkk-IX�k
Address
Date
':Please return form to:
USPS Mail:
City of Anna
Planning and Development Department
P.O. Box 776
Anna, TX 75409
Hand Delivery:
Planning and Development Department
Public Works Building
3223 N. Powell Parkway
Anna, TX 75409
Or by e-mail to LMECKE(oannatexas.00v
Subject: Zoning Response
Salida Pel Sol 06/06/:32[
CITY OF ANNA TEXAS
ORDINANCE MO. 989-
2022
(Property zoned under
this ordinance is gen-
erally located on the
west side of N. Riggins
Street. 671t feet north
City of Anna Ord 989-2022 - Page 2 of 2