HomeMy WebLinkAboutOrd 1010B-2022 Rezoning Property at Villages of Hurricane CreekORDINANCE NO. 1010 G. , go;,;?
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 GENERALLY LOCATED ON THE WEST SIDE OF U.S.
HIGHWAY 75 AND 691± FEET SOUTH OF FUTURE ROSAMOND PARKWAY (W CR 370);
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 MM Anna 325 LLC on
real property described in Exhibit 1 (the "Property") attached hereto and incorporated herein for
all purposes as if set forth in full; and
WHEREAS, the Property is generally located on the west side of U.S. Highway 75 and 691 t feet
south of Future Rosamond Parkway (W CR 370) and was zoned by City of Anna Ordinance No.
860-2020 ("Ord. No. 860-2020"); 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
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 the City Council has concluded that Ord. No. 860-2020 should be amended as set forth in
this ordinance; and
WHEREAS, the purpose of this amendment is to remove the phasing requirement within the
development standards that limits the number of multiple -family residences units prior to the
issuance of a building permit for a commercial use;
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
Ord. No. 860-2020 is hereby amended by amending Section 2 (Zoning Change), 3.
(Development Standards), I. (Phasing) as follows (Note: deletion of text is indicated
below in and additions in underline text):
663. Development Standards
1. ' Miscellaneous
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1. The water features must be constructed prior to or
simultaneously with the multiple -family residence.
2. The location of the planned development zoning district shall be in
conformance with Exhibit 1.
3. 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, lighting, and all other
requirements set forth in the Planned Development -General
Business District (PD-C-2) zoning district, the Planning and
Development Regulations, and other applicable City regulations
except as modified per Ord. No. 860-2020 and as otherwise
specified herein.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be amended 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
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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 I I th day of October 2022.
ATTESTED:
I
_ APPROVED:
Me L. Land, City Secretary J�*�( Anna II*II Nate Pike, Mayor
1913
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EXHIBIT A
1 OF 2
EXHIBIT A-2: "IN CITY PROPERTY" 34.298 ACRES
BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. ELLET SURVEY, ABSTRACT
NUMBER 296, AND THE W. RATTAN SURVEY, ABSTRACT NUMBER 752 COLLIN COUNTY,
TEXAS, BEING ALL OF THAT TRACT OF LAND DESCRIBED BY DEED TO MM ANNA 325,
LLC, (TRACT 2) RECORDED IN INSTRUMENT NUMBER 20190411000386110, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED BY
DEED TO SHEIKH ALAM RECORDED IN VOLUME 4335, PAGE 955 OF SAID PUBLIC
RECORDS;
THENCE S 03023'35"E, 704.05 FEET TO THE NORTHWEST CORNER OF SAID TRACT 2 BEING
THE POINT OF BEGINNING;
THENCE N 89035'23"E5 918.75 FEET;
THENCE S 08027121 "W, 1458.34 FEET;
THENCE S 89059'35"W, 150.63 FEET;
THENCE S 11 ° 10'27"W, 152.96 FEET;
THENCE S 89056'10"W, 832.52 FEET;
THENCE N 35008119"E, 286.03 FEET TO THE BEGINNING OF A CURVE TO THE LEFT;
THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 277.01 FEET, THROUGH A
CENTRAL ANGLE OF 3803 P5411, HAVING A RADIUS OF 411.91 FEET, THE LONG CHORD
WHICH BEARS N15052'22"E, 271.82 FEET;
THENCE N 03023135"W, 285.02 FEET TO THE POINT OF BEGINNING AND CONTAINING
154945040 SQUARE FEET OR 34.298 ACRES OF LAND MORE OR LESS.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
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EXHIBIT A
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Commencing M o Vol. 4335, Pg. 955
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CH=N 15'52'22"E 271.82'
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TRACT 1
MM ANNA 325, LLC
INST. * 20190411000386110
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TRACT 2
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"This document was prepared under 22 TAC 663.21,
does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in
real property except those rights and interests implied or
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established by the creation or reconfiguration of the
boundary of the political subdivision for which it was
prepared."
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LAND SOLUTIONS
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150.63'
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EXHIBIT A-2 "IN CITY PROPERTY"
34.298 ACRES
JOB #: CEN18001 I DRAWN BY: SRAMSEY I CHECKED BY: SRAMSEY I DATE: 11/26/2019 1 PAGE #: 1 OF 1
Exhibit A
page 1 of 2 1100
RE: Hurricane Creek North
City of Anna, Texas
102 W 71'Street
P.P Box 776
Anna, TX 75409
Dear Anna Planning and Zoning Commission and City Council,
We very much appreciate your willingness to hear our request. This change does not affect standards,
product, obligations, or financial items. This request gives the opportunity for a Multifamily developer to
begin construction on the entire site rather than just a portion right away.
At the time of the original zoning and development agreement CA and the City agreed on a specific time
frame for development. The increase In development and families moving to Anna has been
extraordinary. Hurricane Creek Phase 1 is almost sold out in less than two years at a price point 30%
higher than predicted. Because of this influx of developers and people, certain developers have gotten
interested in the Multifamily site.
The original zoning and development agreement allowed 275 units upfront and the remaining 175 to be
developed once 5,000 square feet of retail has started. A MF developer will not commit to the deal for
the MF tract with a third -party obligation to build retail. It also had obligations that 5,000 square feet
will need to begin before the 301" SF building permit. If more Multifamily and homes get built the faster
commercial will be built. This request will benefit commercial development.
Our ask consists of keeping the obligation to build the 5,000 square feet of retail but allow the
multifamily to move forward with constructing the entirety of the units. The city shall continue to have
the protection the 5,000 square feet will be built because of the single-family building permit provision
but the multifamily product can begin the process.
Below is the new language. All other items are staying the same in the zoning and agreement.
The Developer shall apply for and obtain the building permits necessary to commence
construction of a restaurant (respectively, "Restaurant") to be located on the In -City
Property and shall commence construction of the Restaurant before the earlier of the
following occurrences: (1) the expiration of five (5) years of the Effective Date; or (2) the
City's issuance of a building permit for the 301 st single-family residential building permit
as pertains to residences on the Property. The Developer shall complete construction of the
Restaurant within one (1) year and six (6) months of commencing construction of same.
The Restaurant building shall be a minimum of 5,000 square feet of airconditioned space.
Developer shall also apply for and obtain the building permits necessary to commence
construction and commence construction of a minimum of 10,000 square feet of additional
Exhibit A
page 2 of 2
non-residential space to be located on the In -City Property within six (6) years of the
Effective Date. This is in addition to the 5,000 square foot Restaurant refenced above.
The Water Feature must be constructed prior to or simultaneously with the Multifamily
Structure. The Water Feature shall be a minimum of 20,000 square feet in size.
Greatly appreciate your duty and time with this request.
Sincerely,
Trevor Kollinger
MM Anna 325, LLC
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the west side of U.S.
Highway 75, 691 feet south of future Rosamond Parkway [W CR 370])
ORDINANCE NO. ?(46 - aoa0
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 rezoning on Property described in Exhibit A
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said zoning for Property generally located on the west side of U.S. Highway 75 and
691 t feet south of Future Rosamond Parkway (W CR 370) is being rezoned from Single -Family
Residential — Large Lot (SF-E) to Planned Development -General Business District (PD-C-2) on
34.3t acres; 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 are hereby amended by changing the zoning of the Property
described in Exhibit A from Single -Family Residential — Large Lot (SF-E) to allow for the additional
land use of multiple family residence, as depicted in the Concept Plan on the attached Exhibit B.
1. Purpose.
The purpose of this Planned Development District is to facilitate the development of high -
quality development in the southwest quadrant of U.S. Highway 75 and Rosamond Parkway
(CR 370) to accommodate those uses that are of city-wide and regional significance. Within
this District are permitted certain retail, service, office uses, and multiple -family residential.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply. For purposes of this Planned Development District, the following terms
shall be defined as follows:
a. "Masonry" means brick, tile, manmade or natural stone, cast stone, rock, marble,
granite, curtain glass, glass block, exposed aggregate concrete panels, decorative
concrete panels, split face concrete block or any construction consisting of concrete
panels including, but not limited to "tilt -wall" construction, or any other materials
similar to these materials approved by the Director of Development Services.
b. Exterior insulation finish system ("EIFS") can only be used as accent and must be
at least twelve feet (12') above the finished floor elevation.
3. Development Standards.
The permitted uses and standards shall be in accordance with the C-2 zoning district and the
Planning and Development Regulations unless specified or restricted herein.
a. Uses:
1. Automobile and related uses shall be prohibited, except parking lot/parking
garage, automobile.
2. Multiple -Family Residence in accordance with the MF-2 Multiple -Family
Residential - Hight Density zoning district, unless otherwise specified herein shall
be permitted by right.
3. Single-family dwelling, attached in accordance with the SF-TH Townhome District,
unless otherwise specified herein is allowed by -right and shall be restricted to the
area west of Standridge Boulevard identified on the approved Concept Plan
(Exhibit B).
b. Maximum Building Height: 5 stories (75 feet) including architectural projections.
c. Maximum Lot Coverage of 80%.
d. Setbacks:
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1. The front yard setback shall be 45 feet where parking is allowed in front of the
building; 20 feet along streets not identified as major thoroughfare.
2. Zero side yard or rear yard; 15 feet when adjacent to a residential zoning district.
e. A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding
three stories.
f. Two water features are required to be constructed as part of the multi -use
development and shall be located in general conformance with the approved Concept
Plan. Characteristics of the water features shall include:
1. Northern water feature: minimum 50,000 square feet.
2. Southern water feature: minimum 20,000 square feet.
3. The perimeter of the water features shall be amenitized with a minimum 5'
sidewalks, hardscape and landscaping, and shall be used for detention purposes.
4. Developers shall be required to plant one tree (minimum of three-inch caliper and
seven feet high at the time of planting) per 100 linear feet of water feature.
A. 50% of these required trees shall be large, as defined in Sec. 9.06.0011
Approved plant materials.
B. Trees may be grouped and/or clustered to facilitate site design.
g. Multiple -Family Residence Location:
1. Shall be restricted to the area identified on the approved Concept Plan (Exhibit B)
and may be developed entirely as either multiple family residence or C-2 General
Commercial.
2. Minimum residential setback from the centerline of the Right of Way of U.S.
Highway 75: 650 feet.
h. The permitted uses and standards shall be in accordance with the MF-2 zoning district
and the Planning & Development regulations unless specified herein.
1. Maximum number of units: 450
2. Maximum Building Height: 4 stories (70 feet) including architectural projections.
A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding
three stories.
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3. Setbacks:
A. Front Yard: 20 feet.
B. Side Yard: 15 feet.
C. Rear Yard: 15 feet
D. Eaves, covered porches, and roof extensions without structural support may
extend into the side yard setback or rear yard setback a distance not to exceed
four feet.
E. Balconies shall not extend into the required setbacks.
4. Maximum Lot Coverage: 50%
5. Minimum Dwelling: The minimum floor area for multi family units with one
bedroom shall be six hundred (600) square feet, exclusive of garages or porches.
Any additional bedrooms shall be a minimum of one hundred and fifty (150)
square feet.
6. Minimum open space: 20% of the multiple -family residence lot areas to include
the following;
A. Two water features as noted above;
B. Community open space area: minimum dimension width of 100 feet with land
area no less than 20,000 square feet;
C. Pedestrian promenade: minimum dimension of 40 feet x 225 feet;
D. Amenity center and pool; and
E. Additional open space areas shall maintain a minimum dimension of 15 feet in
width and 1,500 square feet in area to qualify towards overall minimum open
space obligations.
7. Parking: 1 space / Studio & 1 bedroom units
2 spaces / 2 or more bedroom units
0.25 spaces for visitors / unit
8. Design Standards (Multiple -Family Residence):
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A. Masonry (Brick/Rock veneer): Eighty (80) percent for the first three stories,
and Seventy (70) percent for the fourth story.
B. Screening Requirements: Border fencing of masonry construction of not less
than eight feet in height shall be installed by the builder at the time of
construction, along the property lines that abut the northern and southern
district boundaries. Open Space that is shared between uses shall be exempt
from any type of screening. This fence shall be maintained throughout the
existence of the multi -family complex by the owner of the complex.
C. Refuse Facilities: Trash compactors shall be permitted as an alternative to
individual refuse facility locations. Trash compactor facilities shall be internal
to buildings or screened from view on three sides by a masonry wall not less
than seven feet nor more than eight feet in height. Solid metal gates of an
equal height to the enclosure height must be provided on the truck collection
side of the enclosure.
i. Standards and Area Regulations (single-family dwelling, attached): 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, except as otherwise provided
herein.
1. Lot size: 2,000 *per unit
2. Lot coverage: 70%
3. Rear yard: 10 feet
4. Side yard: 0 feet; 5 feet for end units
5. Building separation: 10 feet
6. Side yard, comer: 10 feet
7. Lot width: 20 feet
8. Lot depth: 80 feet
9. Parking: Two enclosed spaces per lot
j. 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
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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.
k. The Conceptual Development Plan will expire after two (2) years of approval.
I. Phasing:
1. Prior to the issuance of a building permit for any multiple family residence greater
than 275 units, a building permit for a minimum 5,000 square feet building for a
commercial use must be issued.
2. The water features must be constructed prior to or simultaneously with the
multiple -family residence.
m. Signage: Signs in this district shall comply with the requirements of the city sign
ordinance (as amended), except as listed below.
1. Sign coordination plan: A sign coordination plan shall be required for the entire
development (excluding single-family attached) at the time of the first site plan
and approved by Council.
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.
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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 9th day of June 2020.
ATTESTED:
APPROVED:
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Carrie L. Land, City Beicretary = V
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Nate Pike, Mayor
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