HomeMy WebLinkAboutOrd 1027-2023-01 Zone Property to Planned Development (SF-Z), (SF-60), (SF-72) and C-2) (Leonard Trails)CITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the southside of E.
White Street approximately 500 feet east of S. Interurban St.)
ORDINANCE NO. 10 2-4 - 20 P-3 - 01
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 Rising Waukulla
Investments, L.P. on Property shown in Exhibit 1 ("Concept Plan") attached hereto and
incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally on the south side of E. White Street, 500+ feet east
of S. Interurban Street is currently zoned AG Agricultural District, SF-E Single -Family
Residential and Planned Development (Ord. No. 145-2004); 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 as depicted on the Concept Plan.
1. Purpose.
The purpose of this Planned Development District is to facilitate the development of
high -quality commercial and single-family residence subdivision. The zoning
classification(s) or combination of zoning classifications to which the uses in this
Planned Development District are most similar include all of the following: SF-Z Single
Family Residence District — Zero Lot Line Homes (SF-Z), SF-60 Single -Family
Residence District (SF-60), SF-72 Single -Family Residence District (SF-72), and C-2
General Commercial District (C-2).
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
3. Development Standards.
A. The location of the planned development zoning district shall be in
substantial conformance with the Concept Plan.
B. 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 SF-72, SF-60, SF-Z, and C-2 zoning districts and
the Planning and Development Regulations except as otherwise specified
herein.
i. C-2 Restricted Commercial:
1. Additional Prohibited Uses:
a. Child-care center
b. Hosp. (chronic care); long-term health care fac.
c. Hospital (acute care)
d. Nursery school, kindergarten
e. School, private (primary and/or secondary)
f. School, public (primary and/or secondary)
g. Transportation, Utility and Communications Uses Auto
repair, minor
h. Automobile and Related Services Uses
i. Boat sales and storage
j. Mortuary or funeral home
k. Taxidermist
I. Washateria
ii. SF-72 Single -Family Residence:
1. Minimum number of lots: 80
2. Side yard, interior (feet): 5
3. Rear yard (feet): 20
iii. SF-60 Single -Family Residence:
1. Side yard, interior (feet): 5
2. Rear yard (feet): 20
iv. SF-Z Single -Family Residence:
1. Maximum number of lots: 170
2. Side yard, interior (feet): 5
3. Rear yard (feet): 20
4. Minimum number of lots with 130-foot lot depth: 70
v. Fencing:
1. Residential Lots adjacent to a common area shall have
fencing constructed of tubular steel material, painted black
and must be a minimum of six (6) feet in height. Lots adjacent
to linear common areas identified as landscape easements
are exempt from this requirement.
6-foot wood fencing stained and sealed, of a uniform design
and height shall be constructed along the side and rear lot
lines of homes adjacent to 10-foot landscape and 40-foot
landscape buffers/easements. Wood fencing adjacent to 10-
foot and 40'foot landscape buffers/easement shall be owned
and maintained by the Home Owners Association.
2. Fences constructed between residences can be wood. All
wood fencing shall be at least six feet in height. Wood fencing
shall be stained and sealed. Plastic and chain link fencing is
prohibited.
3. All wood fences of all key and corner Lots shall be installed
on front or side Lot setback lines with the smooth surface side
facing the street ("good -side -out"), such that no vertical fence
posts or horizontal supports are visible from the street on the
side of such corner Lots.
4. Courtyard style product shall include a fence or wall that is an
integral part of the architectural style or design of the
residence and shall match the architectural elements of the
building facade.
A. Landscape setbacks/buffer:
1. To prohibit indiscriminate clear cutting the applicant has
agreed to preserve the existing tree line located on portions
of the western and southern property boundaries of the zoning
request. The existing tree line shall be located within a 10'
tree preservation easement as identified on the Concept Plan
(Exhibit 2) and designated as a non -disturbance area in which
no construction or tree removal will occur. Removal of any
trees in these areas are subject to restriction under
Sec.9.07.003 (Permit required; exceptions) of Article 9.07
(Tree Preservation) within the City of Anna Code of
Ordinances.
vii. Screening
1. A minimum 40-foot-wide common area lot to be owned and
maintained by the homeowners' association shall be required
along the western side of future Leonard Avenue. This 40-
foot-wide parcel shall include an undulating berm a minimum
of three (3) feet in height up to six (6) feet in height All berms
shall contain necessary drainage provisions, as may be
required by the city engineer.
2. A minimum 10-foot-wide common area lot to be owned and
maintained by the homeowner' association shall be required
along the entire eastern side and majority of the western side
of the centralized north/south ROW that traverses through the
single-family development area as shown on the approved
Concept Plan.
3. All common area lots as identified on the Concept Plan shall
be planted with one large tree (minimum of three-inch caliper
and seven feet high at the time of planting) per 40 linear feet,
or portion thereof, of street frontage. The tracts shall be
identified as common area lots. Trees may be grouped or
clustered to facilitate site design.
4. A minimum six foot (6') tall masonry screening wall shall be
constructed along the common property line of any Single -
Family Residential lot and non-residential district at the time
of development, whether the development is Non -Residential
or Single Family Residential. A wall maintenance easement
of five (5) feet in width shall be dedicated on adjacent
properties at the time of platting of these properties.
C. 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.
D. The Concept 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 10th day of January 2023.
ATTESTED:
APPROVED:
L. Land, City Secretary ;Y*`/ ' 4je pike, Mayor
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EXHIBIT 1
SHEET 3 OF 3
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Leonard Tralls
Concept Plan
Gross Area= 97.646 AC
City of Anna
Collin County, Texas
Gmnderson Stark
Survey Abstract No. 796
November, 2020
CITY OF ANNA
PLANNING & ZONING COMMISSION
December 5, 2022
Public Hearing: Zoning — Leonard Trails
Applicant: Rising Wakulla Investments, L.P.
DESCRIPTION:
Request to rezone 98.0± acres located on the south side of E. White Street, 500± feet
east of S. Interurban Street from AG Agricultural District, SF-E Single -Family Residential
and Planned Development (Ord. No. 145-2004) to Planned Development.
REMARKS:
At the September 9, 2022 Planning & Zoning Commission meeting the applicant
presented a similar zoning request which was recommended for approval by the
Commission but ultimately withdrew prior to City Councils consideration. Attached
(Exhibit 1) is a letter from the applicant regarding the withdrawal.
The applicant has resubmitted a new Planned Development zoning request which
contains many of the same development standards and site features with the exception
of the following;
o 35% reduction in land area preserved for nonresidential development
■ 6.24 acres currently / 9.53 acres previously
o Removal of the civic event space to be located between the two
commercial properties.
o Removal of the SF-TH townhome product, and;
o Addition of a SF-72 single-family residential product.
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.
ZONING - LENONARD TRAILS (PD) PAGE 1 OF 8
A concept plan (Exhibit A), Leonard Trails accompanies this request.
Surrounding Land Uses and Zoning
North
Single-family home zoned SF-E Single -Family Residential — Large Lot and a
single-family home located within the ETJ.
East
Vacant land zoned Planned Development with a commercial element along
the north edge of the property, along E. White Street (C-2) and residential
element SF-60 interior to the tract Ord. No. 145-2004 .
South
Vacant land zoned Planned Development-SF-60 Single -Family Residence
District PD-SF-60 Ord No. 236-2005 .
West
Vacant land zoned Agricultural District
Proposed Planned Development Stipulations
The requested zoning is PD. This Planned Development will allow for the following land
use district C-2 General Commercial District, SF-Z Single -Family Residence District —
Zero lot line homes, SF-60 Single -Family Residence District, and SF-72 Single -Family
Residence District with modified development standards. There are two primary parts to
this request: land use and design standards.
Land Use - The applicant is proposing to rezone the subject property to allow for
commercial developments for property fronting along E. White Street (FM 455) and
residential development to the south of the commercial development area.
Design Standards - The language in the proposed PD district will modify commercial
and residential development standards by:
a. Restricting less desirable commercial land uses.
b. Enhancing the landscape buffer along Leonard Avenue.
c. Preserve existing tree lines.
Conformance with the Anna205O Comprehensive Plan
Future Land Use Plan
The Future Land Use Plan designates the majority of this property within the Downtown
Neighborhood Area and the eastern portion as Suburban Living.
The Downtown Neighborhood Area is broken into two districts, the Downtown Core and
Downtown Neighborhood, which are further classified into five distinctive character areas
within The Downtown Master Plan. Each character area classification has been
developed to distinguish and define the diverse development pattern that exists and to
understand the opportunities that they provide. The areas are designated as Retail
ZONING - LENONARD TRAILS (PD) PAGE 2 OF 8
Center, Catalyst Areas, Adaptive Reuse/Infill, Intown Residential, and Transitional
Development.
The area of the zoning request located within the Downtown is located within one of the
four (4) catalyst areas.
Catalyst Areas
Dispersed throughout the southern and central areas of Downtown, several locations
adjacent to major intersections (FM 455 and SH 5) or places of activity (Municipal
Complex) provide sufficient land size for Catalyst Areas to emerge. These four areas have
been identified for redevelopment or new development based on several factors,
including the size of each area, and its potential to spur activity, contribute to the urban
fabric and to serve as a unique Downtown anchor or signature neighborhood. Investment
in these areas will show confidence and commitment to Downtown and could help
catalyze further economic growth in the district. Partnerships and financial incentives may
be required to attract investment to these sites.
The following primary building types are appropriate in the Catalyst Areas (Mixed -use,
office, storefront retail, restaurants, urban attached residential):
ZONING - LENONARD TRAILS (PD) PAGE 3 OF 8
The following secondary building types are appropriate in the Catalyst Areas (Churches,
Civic Structures, Accessory Structures, Open Spaces, Parking Garages, detached
residential, cottage residential)
CONCLUSION:
The recently adopted Downtown Master Plan and Anna 2050 Comprehensive Plan
identifies the following building types as appropriate for the land area associated with the
zoning request; Mixed -use, office, storefront retail, restaurant, urban attached residential,
and single-family detached homes. Additionally, secondary building types appropriate for
these areas include opens spaces & cottage residential.
ZONING - LENONARD TRAILS (PD) PAGE 4 OF 8
The updated/new zoning request reduces the amount of commercial zoning being
preserved, removed the civic event space between the commercial and residential
development, and removed development elements that created a transitional residential
pattern.
RECOMMENDATION:
If the Commission votes in favor of the zoning request, below are recommended
restrictions for the applicants' zoning request:
Restrictions:
A. The location of the planned development zoning district shall be in
substantial conformance with the Concept Plan.
B. 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 SF-72, SF-Z, SF-60, C-2 zoning districts and the
Planning and Development Regulations except as otherwise specified
herein.
i. C-2 Restricted Commercial:
1. Additional Prohibited Uses:
a. Child-care center
b. Hosp. (chronic care); long-term health care fac.
c. Hospital (acute care)
d. Nursery school, kindergarten
e. School, private (primary and/or secondary)
f. School, public (primary and/or secondary)
g. Transportation, Utility and Communications Uses Auto
repair, minor
h. Automobile and Related Services Uses
i. Boat sales and storage
j. Mortuary or funeral home
ZONING - LENONARD TRAILS (PD) PAGE 5 OF 8
k. Taxidermist
I. Washateria
ii. SF-72 Single -Family Residence:
1. Minimum number of lots: 80
2. Side yard, interior (feet): 5
3. Rear yard (feet): 20
iii. SF-60 Single -Family Residence:
1. Side yard, interior (feet): 5
2. Rear yard (feet): 20
iv. SF-Z Single -Family Residence:
1. Maximum number of lots: 170
2. Side yard, interior (feet): 5
3. Rear yard (feet): 20
4. Minimum number of lots with 130-foot lot depth: 70
v. Fencing:
1. Residential Lots adjacent to a common area shall have
fencing constructed of tubular steel material, painted black
and must be a minimum of six (6) feet in height. Lots adjacent
to linear common areas identified as landscape easements
are exempt from this requirement.
6-foot wood fencing stained and sealed, of a uniform design
and height shall be constructed along the side and rear lot
lines of homes adjacent to 10-foot landscape and 40-foot
landscape buffers/easements. Wood fencing adjacent to 10-
foot and 40'foot landscape buffers/easement shall be owned
and maintained by the Home Owners Association.
2. Fences constructed between residences can be wood. All
wood fencing shall be at least six feet in height. Wood fencing
ZONING - LENONARD TRAILS (PD) PAGE 6 OF 8
shall be stained and sealed. Plastic and chain link fencing is
prohibited.
3. All wood fences of all key and corner Lots shall be installed
on front or side Lot setback lines with the smooth surface side
facing the street ("good -side -out"), such that no vertical fence
posts or horizontal supports are visible from the street on the
side of such corner Lots.
4. Courtyard style product shall include a fence or wall that is an
integral part of the architectural style or design of the
residence and shall match the architectural elements of the
building fagade.
vi. Landscape setbacks/buffer:
1. To prohibit indiscriminate clear cutting the applicant has
agreed to preserve the existing tree line located on portions
of the western and southern property boundaries of the zoning
request. The existing tree line shall be located within a 10'
tree preservation easement as identified on the Concept Plan
(Exhibit 2) and designated as a non -disturbance area in which
no construction or tree removal will occur. Removal of any
trees in these areas are subject to restriction under
Sec.9.07.003 (Permit required; exceptions) of Article 9.07
(Tree Preservation) within the City of Anna Code of
Ordinances.
vii. Screening
1. A minimum 40-foot-wide common area lot to be owned and
maintained by the homeowners' association shall be required
along the western side of future Leonard Avenue. This 40-
foot-wide parcel shall include an undulating berm a minimum
of three (3) feet in height up to six (6) feet in height All berms
shall contain necessary drainage provisions, as may be
required by the city engineer.
2. A minimum 10-foot-wide common area lot to be owned and
maintained by the homeowner' association shall be required
along the entire eastern side and majority of the western side
of the centralized north/south ROW that traverses through the
single-family development area as shown on the approved
Concept Plan.
3. All common area lots as identified on the Concept Plan shall
be planted with one large tree (minimum of three-inch caliper
and seven feet high at the time of planting) per 40 linear feet,
ZONING - LENONARD TRAILS (PD) PAGE 7 OF 8
or portion thereof, of street frontage. The tracts shall be
identified as common area lots. Trees may be grouped or
clustered to facilitate site design.
4. A minimum six foot (6') tall masonry screening wall shall be
constructed along the common property line of any Single -
Family Residential lot and non-residential district at the time
of development, whether the development is Non -Residential
or Single Family Residential. A wall maintenance easement
of five (5) feet in width shall be dedicated on adjacent
properties at the time of platting of these properties.
C. 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.
D. The Concept Plan will expire after two (2) years of approval.
ZONING - LENONARD TRAILS (PD) PAGE 8 OF 8
2 Greenside at Craig Ranch, 69SO TPC Drive, Suite 350 McKinney Texas 75070.
QUAL[ COCOMMUNIT IES.COM
11/29/2022
City of Anna
305 S Powell Parkway
Anna, TX 75409
Re: Leonard Trails
EXHIBIT 1
City of Anna Planning & Zoning Commission:
QUALICO
communities
RECEIVED
NOVEMBER 29, 2022
PLANNING & DEVELOPMENT
CITY OF ANNA
On 9/6/22, the City of Anna Planning & Zoning Commission approved the proposed zoning and concept
plan that we had submitted for our project, referred to as Leonard Trails.
After receiving approval from the Commission, we received the completed estimates of the construction
costs for the project. Based on the cost estimates and the current market for lots in the area, we
determined that the project was not economically feasible. The factors that contributed to problem
include current construction pricing, the number of single loaded streets in the project, alleys for the
townhomes and the large amount of open space behind the existing homes along E. White Street.
Based on our analysis, we asked that our zoning request be tabled until the October 25" City Council
meeting to give us time to examine the issues and hopefully find solutions that would allow the
development to move forward.
At the October 25" City Council meeting, we presented an alternative plan that achieves most of the
goals of the prior plan and is economically viable. City Council was given the opportunity to review and
make comments and suggestions to our new plan. We have incorporated their suggestions into our
latest concept plan.
Consistent with the prior plan, we have designed the project to include the construction of the full
section of Leonard Avenue in the first phase, 40' lots for both traditional and courtyard products, 50'
lots, significant open space and amenities, tree protection along the southern border, connections to
Anna Town Square to the south and trail connections.
We have removed the townhome lots from the plan and have added 60' lots. Additionally, we are not
able to include the 5-acre public open space on the north side of the development, but we are able to
increase the size of the open space/amenity area in phase 2.
Our revised concept plan retains many of the elements of the prior plan and acts as a catalyst for the
area by making both vehicular and pedestrian connections linking Anna Town Square to E. White
Avenue and creating retail corners. We look forward to presenting our revised concept on December 51h
and receiving your feedback.
Thank
�you for
�your
rcconsideration.
John- Vick �� ^
Vice President
Qualico Communities
A Ql1ALIC0 Ccxnpwy
THE CITY OF
Anna
In favor of request
RECEIVED
DEVELOPMENT SERVICES
11 /28/2022
Opposed to request
By signing this letter, I declare I am the owner or authorized agent of the property at the (Anna)
add s written below.
Rt tM Fle IC hL°le-
Name ( lease P 'nt)
'Signature
Address
Date
Please return form to:
USPS Mail:
City of Ar a
Planning , iad Development Department
P.O. Box 776
Anna,TX 75409
Hand Delivery:
Development Services
City of Anna Municipal Complex
120 W. 7th Street
Anna, TX 75409
Or by e-mail to LMECKE(@annatexas.gov
Subject: Zoning Response
Leonard Trails 12/05/2022
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Context Map
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Applicant / Developer:
Owner:
Planner / Landscape Architect:
Engineer:
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Qualk:o Cornmunitle t
Rising Waukui4 Investments. LP.
TOO Partners Inc
EIGE Inc.
6950 TPC Drive, Suite 350
1 Fos Hollow Land
2001 Bryan Street, t1450
25% Dallas Parkway, Suite 101
McKinney, TX 75070
Mallasa, Tema 75454
Dallas. TX 75201
Frisco. TX 75W4
QUALM'�':
1
Contact. John Vick
Phww.1459) 659-6150
Contact: Doug Zadow
Phone:(469) 667.8750
Contact: Mark Mover
Phono: (214) 744-0757
Contact Matt Robinson
Phone: (972) 464.4829
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Leonard Trails
CONCEPT PLAN
Grandarson Stark Survey Abstract No. 708
City of Anna. Col in County. Tevas
August25.2022
97.646 Acres