HomeMy WebLinkAboutOrd 1029-2023-01 Rezoning Property at Holt-CatCITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the south side of E. Foster
Crossing Boulevard, 195± feet east of S. Powell Parkway)
ORDINANCE NO. I G 2.q - ;?,G 2-3 --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 PC5 Properties, LLC 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 south side of E. Foster Crossing Boulevard,
195± feet east of S. Powell Parkway; and
WHEREAS, the City of Anna Planning and Zoning Commission and the City of Anna City Council
("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;
and
WHEREAS, 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") and all applicable zoning maps and
plans are hereby amended by amending the zoning of the Property depicted in the Concept
Plan on the attached Exhibit 1 to establish a Planned Development District as described
herein.
1. Purpose.
The purpose of this Planned Development District (this "PD") is to facilitate the development
of Office — showroom/warehouse with equipment service and repair / leasing and retail sales
and to modified land uses and development standards allowed under the 1-1 Light Industrial
base zoning 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. The location of the planned development zoning district shall be in substantial
conformance with the Concept Plan (Exhibit 1).
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 the 1-1 Light Industrial
(1-1) zoning district and the Planning and Development Regulations except as otherwise
specified herein.
i. Zoning District Area Regulations:
1. Maximum height (feet): 60
2. Front yard (feet): 50
3. Lot area (feet): 40,000 square feet
4. Minimum lot width (feet): 100
5. Maximum lot coverage: 50%; 70% with parking garage
ii. Permitted Uses:
1. All uses allowed by -right and by specific use permit in the 1-1 zoning
districts except that the following uses are prohibited:
a. Educational, Institutional and Special Uses.
b. Automobile and Related Service Uses
c. Office, Retail, Commercial and Service Type Uses:
2
2. Notwithstanding Section 2. (Zoning Change) 3. (Development
Standards) B.ii.1., above, the following uses are permitted:
a. Educational, Institutional and Special Uses Hospital (acute
care) by Specific Use Permit only.
b. Educational, Institutional and Special Uses by right:
i. Amusement commercial (indoor)
ii. Bakery and confectionery, commercial
iii. Bldg. materials, hardware (inside storages)
iv. Feed and farm supply (inside sales/storage)
v. Office — showroom/warehouse with equipment service
and repair / leasing and retail sales allowed
iii. Screening device requirements.
1. Along Foster Crossing frontage, screening shall consist of 6-foot
Design Master fence (See Exhibit 3) with sufficient evergreen
landscaping to create a screening effect.
a. Fencing exceeding three feet in height shall be allowed within
the front yard setback and shall be setback a minimum of 20'
from the right-of-way (R.O.W.).
b. Evergreen landscaping shall consist of three evergreen trees
between each canopy tree. Evergreens shall be a minimum of
three feet in height at the time of planting and shall be setback
a minimum of 10' from the R.O.W.
2. Along the Collin County Outer Loop frontage, no screening shall be
required.
a. Fencing exceeding three feet in height (Exhibit 3) shall be
allowed within the front yard setback and shall be setback a
minimum of 20' from the right-of-way (R.O.W.).
b. Only canopy trees shall be required per City requirements.
Trees shall be allowed to be clustered and behind display
areas.
3
3. On Lot 1 only service bays, loading docks, and dock doors are allowed
to be oriented toward the street frontage.
4. Garbage, refuse, and trash collection/storage is not required to be
screened if located 200 feet or more from the R.O.W.
5. Rooftop and ground -mounted mechanical units, generators and
HVAC equipment must be screened from view from the public right-
of-way and from adjacent residential property. The line of sight for
screening of rooftop mechanical units shall be measured at the
property line and five feet and five inches (5' 5") from the ground.
6. Vehicles and machinery shall be allowed to exceed maximum height
of screening regardless of its location on -site. All other storage items
shall meet Anna Code Sec. 9.04.027(b)(2).
iv. Off -Street Parking and Loading Requirements
1. Overnight trailer and shipping container storage is prohibited unless
being actively loaded or unloaded. Only two trailers or shipping
containers may be stacked during loading and unloading. Lot 1 and
Lot 2 will be exempt from these -requirements.
2. Minimum car parking requirement for Lot 1 shall be 110 spaces and
for Lot 2 shall be 20 spaces. Remaining lots shall comply with City
ordinances.
3. Outdoor storage areas shall be allowed to be paved with crushed
limestone or crushed concrete. Display areas are allowed to be paved
with crushed granite.
V. Design Standards: The City of Anna may determine that designs other than
those of the Standards listed within the City of Anna Design Standards are
necessary and will inform the developer of such requirements before final
engineering review. The developer shall obtain authorization from the City of
Anna Public Works Director, in writing, for any deviations from the
requirements set forth in the Design Standards and Specifications Manual.
vi. Outdoor Lighting Code
1. Up lighting shall be allowed for equipment display areas.
4
2. After midnight, lighting for display and backlit lighting for signage will
be reduced to 50% of normal illumination level. This will stay in effect
during curfew hours.
vii. Signage
1. Two pole signs and two monument signs shall be permitted for the
benefit of Lot 1 and Lot 2 and be in general conformance with size and
location identified on Exhibit 2. All other signage will meet City
standards.
viii. Landscaping
1. Landscaping shall conform to City ordinances with the exception of
Lot 1, Lot 2 and Lot 3 providing trees at a ratio of 4 trees per acre (in
aggregate and not on a per lot basis). Lot 4 will be required to follow
the 10 trees per acre requirement when developed.
C. Buildings shall not be required to comply with the IECC except for portions of the
building regularly occupied and used for office functions. Warehouse, shop and
maintenance areas shall be excluded from any IECC requirements.
D. 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.
E. In the case that this PD does not address a specific item, the base zoning and City
Code of Ordinances in effect at time of PD Ordinance adoption shall apply. In the event
of a conflict between the regulations of this PD and the regulations of the base zoning
district and City Code of Ordinances in effect at time of PD Ordinance adoption, the PD
shall control.
F. The Concept Plan will expire five (5) years after the date of this ordinance.
Section 4. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
5
Section 5. 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; provided, however that this sentence shall not apply to any development
agreement, deed restrictions, or covenants running with the land.
Section 6. 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 7. 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 24th day of January 2023.
ATTESTED:
C
NGIRRIM
THE CITY OF
THE
N
Anna
Subject City Limits
Property E'O
r 00 toe
200' Notice
Boundary
0 300 600 1,200
Feet
November 2022
EXHIBIT 1kul
,
BGE.Inc
itl4u..mm. v.' �.
____
/ ---- ter-- »euAnmosEeerx _—_
/ rp/ it °06 't I oEVELOPER
B i LYIiNAEL _ y HOLT CAT A TEAS p0lT
r�
/ I I 1. m00. ft.1 ...w �RFMALS
r 5 mu,en �I
ETI 30
Ee/»r \ III
IiI _
wwi w I OWNER
pap
oLLL
Taw rc3en»ex
hm Z.
Q
,// // #, 1. • fir c 0 ao�u_
Il
,If w wamFjU
r r R Z
co
o
o�
r� I wx
{j
OGtA
Iw
•nemT I / / I dM �SEm.vm 11' Il.l,f111A ` , I I III
j
JJt JII ' I •P: I
jj.
un Pwy+OfA ui 1'f� \\\
=_—
1
.� -
I
_'A.BWDkGEEIPoG — M010fRG IL
s w w
.u.mv yi3o ROV tIDm09 li _�'�'• .: I
—. wl,w�. xw>enl .W.c .e 3.N.[ _ZOIN.OSCA36E1flfN
rw �� CONCEPT PLAN
„. HOLT SUBOMSON
... owe 9lOCK kt=1-4 •� m®m
I 9180tA u SXEET NO
0pNG 51NATEDIx THE
COLLINEOOUNT"UR LOOP onvlo Ew saG suauEv.naaiw.crxO.v
C CFANNA.LIXLIxcoUM.TE FJI WA
I wTE: OErFA1Sp33@i
I
1*T.I1. 1IPA
W-1
HOLY
POLE SIGN ALONG COLLIN COUNTY OUTER LOOP
MONUMENT SIGNS AT FOSTER
CROSSING ROAD DRIVEWAY
rza vN•�
FRONT SACK FRONT 9ALK FRONT BALK FRONT 6ACK
ON SITE DIRECTIONAL SIGNS (EXAMPLE LAYOUTS)
Sales and Service Facilities
I.I CNIIICIVN! a�®purlgggy Pl
281
POLE SIGN ALONG COLLIN COUNTY OUTER LOOP
EXHIBIT B
® oNsr nr
DELIVER escSUCCESS
I� �^ �,��, I lllll��llllll� , �►1�111�1111111�11111�
4.���
I. {f
''�li���l�%•i'i l�l �km �.: �� � R� � ,.- ak'ti �.�.�4C�Q4��JN _-.
CITY OF ANNA
PLANNING & ZONING COMMISSION
January 3, 2023
Public Hearing: Zoning — Holt -Cat
Applicant: PC5 Properties, LLC
DESCRIPTION:
Request to rezone 82.0± acres located on the south side of E. Foster Crossing Boulevard,
195± feet east of S. Powell Parkway from Planned Development (Ord. No. 743-2017) to
Planned Development-Ll-1 Light Industrial with modified development standards.
REMARKS:
The subject is formerly known as the Anna Business Park. The property's current zoning
was established in 2017. The request for a new Planned Development is to modify
standards established as part of the 2017 zoning and current development standards to
accommodate the development of the Holt CAT dealership and Texas First Rentals rental
facility.
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 (Exhibit A), Holt Cat accompanies this request.
Surrounding Land Uses and Zoning
North
Multiple -family residence zoned Planned Development- MF-2 Multiple -Family
Residential — High Density (Ord. No. 941-2021 & Ord. No. 787-2018) and
vacant tract zoned Planned Development- C-2 General Commercial (Ord. No.
787-2018).
East
Vacant land zoned Planned Development-1-1 Light Industrial (Ord. No. 933-
2021
South
I Collin County Outer Loop and City Limits
West
I DART right-of-way
ZONING - HOLT CAT (PD) PAGE 1 OF 7
Proposed Planned Development Stipulations
The requested zoning is PD. This Planned Development will allow for the 1-1 Light
Industrial zoning district with modified development standards. There are two parts to
this request: land use and design standards.
Land Use - The applicant is proposing to rezone the subject property to allow for land
uses permitted within the 1-1 Light Industrial with the following exceptions:
a. Educational, Institutional and Special Uses with the following exception;
i. Hospital (acute care) by Specific Use Permit
b. Automobile and Related Service Uses
C. Office, Retail, Commercial and Service Type Uses with the following
exception(s):
i. Amusement commercial (indoor)
ii. Bakery and confectionery, commercial
iii. Bldg. materials, hardware (inside storage)
iv. Feed and farm supply (inside sales/storage)
V. Office — showroom/warehouse with equipment service and repair /
leasing and retail sales allowed
Design Standards - The language in the proposed PD district will modify existing PD
standards and current development standards by;
• Removing the building design and orientation stipulation that prohibited loading
spaces from facing streets (Lot 1 only).
• Removing the stipulation prohibiting overnight trailer and shipping container
storage.
• Modifying existing screening requirements to permit irrigated living screens as
acceptable screening elements for loading docks and dock doors that face East
Foster Crossing Road.
• Allowing fencing to exceed 3 feet in height within the front yard setback but setback
a minimum of 20 feet from the right-of-way to accommodate required landscape
buffers.
• Not requiring screening for garbage, refuse, and trash collection/storage if
located 200 feet or more from the R.O.W.
ZONING - HOLT CAT (PD) PAGE 2 OF 7
• Allowing reduced landscaping requirements for Lots 1, 2, & 3. City regulations
require 10 trees per acre, applicant is proposing 4 trees per acre (aggregate and
not on a per lot basis for Lots 1, 2, & 3).
• Allowing pole signs along Collin County Outer Loop.
• Allowing vehicles/machinery to exceed the maximum screening height.
• Allowing outdoor storage areas to be paved with crushed limestone or crushed
concrete and display areas to be paved with crushed granite.
Conformance with the Anna205O Comprehensive Plan
Future Land Use Plan
The Future Land Use Plan designates this
property as Professional Campus (PC).
Character & Intent. The Professional Campus
designated area is intended to provide office jobs
and is the location for major employers as well as
smaller office or professional service companies.
They typically locate near major transportation
corridors and may include office parks or
technology centers.
Land Use Considerations
Primary Land Use
Higher education, research and technology, professional offices, medical, restaurant and
retail
Secondary Land Use
Civic and institutional uses, parks and open space.
CONCLUSION:
The land use is in conformance with the Future Land Use Plan. The zoning amendment
request modifies the existing zoning to accommodate Holt Cat and Texas First Rentals
business operations.
ZONING - HOLT CAT (PD) PAGE 3 OF 7
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 (Exhibit A).
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 1-1 zoning district and the Planning and
Development Regulations except as otherwise specified herein.
i. Zoning District Area Regulations:
1. Maximum height (feet): 60
2. Front yard (feet): 50
3. Lot area (feet): 40,000 square feet
4. Minimum lot width (feet): 100
5. Maximum lot coverage: 50%; 70% with parking garage
ii. Permitted Uses:
1. All uses allowed by -right and by specific use permit in the 1-1
zoning districts with the following exceptions;
a. Educational, Institutional and Special Uses with the
following exception;
i. Hospital (acute care) by Specific Use Permit
b. Automobile and Related Service Uses
c. Office, Retail, Commercial and Service Type Uses with
the following exception(s):
i. Amusement commercial (indoor)
ii. Bakery and confectionery, commercial
ZONING - HOLT CAT (PD) PAGE 4 OF 7
iii. Bldg. materials, hardware (inside storage)
iv. Feed and farm supply (inside sales/storage)
v. Office — showroom/warehouse with equipment
service and repair / leasing and retail sales
allowed
iii. Screening device requirements.
1. Along Foster Crossing frontage, screening shall consist of 6-
foot Design Master fence (See Exhibit C) with sufficient
evergreen landscaping to create a screening effect.
a. Fencing exceeding three feet in height shall be
allowed within the front yard setback and shall be
setback a minimum of 20' from the right-of-way
(R.O.W.).
b. Evergreen landscaping shall consist of three evergreen
trees between each canopy tree. Evergreens shall be
a minimum of three feet in height at the time of planting
and shall be setback a minimum of 10' from the R.O.W.
2. Along the Collin County Outer Loop frontage, no screening
shall be required.
a. Fencing exceeding three feet in height (Exhibit B)
shall be allowed within the front yard setback and
shall be setback a minimum of 20' from the right-of-
way (R.O.W.).
b. Only canopy trees shall be required per City
requirements. Trees shall be allowed to be clustered
and behind display areas.
3. On Lot 1 only service bays, loading docks, and dock doors are
allowed to be oriented toward the street frontage.
4. Garbage, refuse, and trash collection/storage is not required
to be screened if located 200 feet or more from the R.O.W.
5. Rooftop and ground -mounted mechanical units, generators
and HVAC equipment must be screened from view from the
public right-of-way and from adjacent residential property.
ZONING - HOLT CAT (PD) PAGE 5 OF 7
The line of sight for screening of rooftop mechanical units shall
be measured at the property line and five feet and five inches
(5' 5") from the ground.
6. Vehicles and machinery shall be allowed to exceed maximum
height of screening regardless of its location on -site. All other
storage items shall meet 9.04.027(b)(2).
iv. Off -Street Parking and Loading Requirements
1. Overnight trailer and shipping container storage is prohibited
unless being actively loaded or unloaded. Only two trailers or
shipping containers may be stacked during loading and
unloading. Lot 1 and Lot 2 will be exempt from these
requirements.
2. Minimum car parking requirement for Lot 1 shall be 110
spaces and for Lot 2 shall be 20 spaces. Remaining lots shall
comply with City ordinances.
3. Outdoor storage areas shall be allowed to be paved with
crushed limestone or crushed concrete. Display areas are
allowed to be paved with crushed granite.
v. Design Standards: The City of Anna may determine that designs
other than those of the Standards listed within the City of Anna
Design Standards are necessary and will inform the developer of
such requirements before final engineering review. The developer
shall obtain authorization from the City of Anna Public Works
Director, in writing, for any deviations from the requirements set forth
in the Design Standards and Specifications Manual.
vi. Outdoor Lighting Code
1. Up lighting shall be allowed for equipment display areas.
2. After midnight, lighting for display and backlit lighting for
signage will be reduced to 50% of normal illumination level.
This will stay in effect during curfew hours.
vii. Signage
1. Two pole signs and two monument signs shall be permitted
for the benefit of Lot 1 and Lot 2 and be in general
conformance with size and location identified on Exhibit B. All
other signage will meet City standards.
ZONING - HOLT CAT (PD) PAGE 6 OF 7
viii. Landscaping
1. Landscaping shall conform to City ordinances with the
exception of Lot 1, Lot 2 and Lot 3 providing trees at a ratio of
4 trees per acre (in aggregate and not on a per lot basis). Lot
4 will be required to follow the 10 trees per acre requirement
when developed.
C. Buildings shall not be required to comply with the IECC except for portions
of the building regularly occupied and used for office functions. Warehouse,
shop and maintenance areas shall be excluded from any IECC
requirements.
D. 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.
E. Future zoning ordinance amendments or new ordinances adopted by the
City after the Planned Development approval shall not apply to the property.
In the case that this Planned Development (PD) does not address a specific
item, the base zoning and City Code of Ordinances shall apply. In the event
of a conflict between the regulations of this PD and the regulations of the
base zoning district and City Code of Ordinances, the PD shall control.
F. The Concept Plan will expire after five (5) years of approval.
ZONING - HOLT CAT (PD) PAGE 7 OF 7