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HomeMy WebLinkAboutORD 179-2005 Zoning - Rudman 455.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 179-2005 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ZONING MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF CERTAIN PROPERTY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the City Council of the City of Anna has given the requisite notices and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by zoning the tract described in Exhibit A, attached hereto and made an integral part of this Ordinance, as Planned Development, with rules and regulations for said zoning district specified in Exhibit B, attached hereto and made an integral part of this Ordinance. Unless specified in Exhibit B, all other relevant provisions of the Comprehensive Zoning Ordinance and other relevant ordinances and regulations of the City of Anna shall pertain to the tract described herein. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage by the City Council and approval by the Mayor. PASSED on this the 8th day of February, 2005, by the following vote of the City Council of the City of Anna, Texas. ORD 179-2005 Amend Zoning Rudman FM455.doc Page 1 of 2 02-08-2005 AYE NAY ABSTAIN APPROVED: i� ATTEST: \� Am 66ve, City Secretary ORD 179-2005 Amend Zoning Rudman FM455.doc Page 2 of 2 02-08-2005 EXHIBIT A LEGAL DESCRIPTION 160.13 ACRES BEING a tract of land out of the F.T. DUFFAU SURVEY, Abstract No. 288, in the City of Anna, Collin County, Texas, being the tract of land described in deed to the Rudman Partnership, recorded in Volume 3346, Page 764 of the Land Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a point for the intersection of the east line of said Rudman tract and the centerline of F.M. 455; THENCE with said centerline, North 87°05'00" West, a distance of 329.52 feet to a point for corner; THENCE leaving the centerline and with the east line of a tract of land described in deed to Ronny Brown, part of the way, North 01 °55'00" East, a distance of 259.44 feet to a point for the northeast corner of said Brown tract; THENCE with the north line of said Brown tract, South 78051'00" West, a distance of 154.18 feet to a point for corner; THENCE with the west line of said Brown tract, South 03°57'00" West, a distance of 219.23 feet to a point for corner in the centerline of said F.M. 455; THENCE with the centerline of said F.M. 455, the following courses and distances to wit: North 85°45'00" West, a distance of 166.70 feet to a point for corner; North 87040'00" West, a distance of 1848.70 feet to a point for corner; North 88°03'00" West, a distance of 120.01 feet to a point for the intersection of west line of said Rudman tract and the centerline of said F.M. 455 THENCE leaving said centerline and with said west line, North 01°26'00" East, a distance of 2651.19 feet to a point for the northwest corner of said Rudman tract; THENCE with the north line of said Rudman tract, South 88009'00" East, a distance of 2642.67 feet to a point for the northeast comer of said Rudman tract; THENCE with the east line of said Rudman tract, South 01°52'00" West, a distance of 2685.72 feet to the POINT OF BEGINNING and containing 160.13 acres of land. 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. EXHIBIT C RUDMAN F.M. 455 PROPERTY PLANNED DEVELOPMENT DISTRICT PLANNED DEVELOPMENT STANDARDS PLANNED DEVELOPMENT — Residential Tract A 1.1 General Description: Tract A, identified on the attached Zoning Exhibit is intended to accommodate various types of residential development in the community. Development standards for Tract A are outlined within this Section. 1.2 Permitted Uses: a. The permitted uses in Tract A will be the same as those permitted in the "R-1 Single Family Residential" zoning district. b. Residential uses as described herein. C. Parks, playgrounds and neighborhood recreation facilities including, but not limited to swimming pools, clubhouse facilities and tennis courts. d. Churches/rectories e. Schools — public or private. f. Utility distribution lines and facilities. g. Fire stations and public safety facilities. h. Real estate sales offices during the development and marketing of the residential areas. Electronic security facilities including gatehouse and control counter. Construction Trailers associated with development for residential, retail, or commercial uses. 1.3 Building Materials: All main buildings shall have an exterior finish of stone, stassO, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as an exterior building material shall be limited to a maximum of thirty (30) percent of the total exterior wall surfaces. 1.4 Single Family Homes: Single family homes shall be allowed within Tract A as illustrated on the attached Zoning Exhibit. 1.5 Building and Area Reauirements: The following development standards shall pertain to single family uses to be developed within Tract A: a. Lot Area: The minimum area of any lot within Tract A shall be six thousand two hundred (6,200) square feet. The average lot area of all lots within Tract A shall be six thousand four hundred (6,400) square feet. b. Minimum Dwelling Size: The minimum area of the main building shall be one thousand four hundred (1,400) square feet, exclusive of garages, breezeways and porticos. Also, a minimum of twenty-five (25) percent of the dwelling units within Tract A shall be one thousand five hundred 2. (1,500) square feet and a minimum of fifteen (15) percent of the dwelling units within Tract A shall be one thousand six hundred (1,600) square feet. C. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty-five (55) feet measured at the front building line, except for lots at the terminus of a cul- de-sac, on a corner or along a curve may have a width of fifty (50) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet; provided all other requirements of this section are fulfilled. Front Yard: The minimum depth of the front yard shall be twenty (20) feet. g. Side Yard: A side yard on one side of the lot shall be six (6) feet and the other side shall be four (4) feet. The minimum distance between structures shall be ten (10) feet. A side yard adjacent to a street shall be fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet. Maximum Building Height: Buildings shall be a maximum of two and a half (2 1/2) stories, not to exceed thirty-six (36) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend above this height limit. Garages: Garages may be front facing and there is no requirement for "swing" driveways. PLANNED DEVELOPMENT— SINGLE FAMILY RESIDENTIAL TRACT B 2.1 General Description: Tract B, identified on the attached Zoning Exhibit is intended to accommodate various types of residential development in the community. Development standards for Tract B are outlined within this Section. 2.2 Permitted Uses: a. The permitted uses in Tract B will be the same as those permitted in the "R-1 Single Family Residential" zoning district. b. Residential uses as outlined in Section 1.0 of this Planned Development District. C. Residential uses as described herein. d. Parks, playgrounds and neighborhood recreation facilities including, but not limited to swimming pools, clubhouse facilities and tennis courts. e. Churches/rectories f. Schools — public or private. g. Utility distribution lines and facilities. h. Fire stations and public safety facilities. i. Real estate sales offices during the development and marketing of the residential areas. j. Electronic security facilities including gatehouse and control counter. k. Construction Trailers associated with development for residential, retail, or commercial uses. 2.3 Building Materials: All main buildings shall have an exterior finish of stone, siassa brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as an exterior building material shall be limited to a maximum of thirty (30) percent of the total exterior wall surfaces. 2.4 Single Family Homes: Single family homes shall be allowed within Tract B as illustrated on the attached Zoning Exhibit. 2.5 Building and Area Requirements: The following development standards shall pertain to single family uses to be developed within Tract B: a. Lot Area: The minimum area of any lot within Tract B shall be five thousand (5,000) square feet. The average lot area of all lots within Tract B shall be five thousand four hundred (5,400) square feet. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusive of garages, breezeways and porticos. Also, a minimum of thirty (30) percent of the dwelling units within Tract B shall be one thousand three hundred (1,300) square feet and a minimum of twenty (20) percent of the dwelling units within Tract B shall be one thousand four hundred (1,400) square feet. C. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty (50) feet measured at the front building line, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a width of forty-five (45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet. g. Side Yard: A side yard on one side of the lot shall be six (6) feet and the other side shall be four (4) feet. The minimum distance between structures shall be ten (10) feet. A side yard adjacent to a street shall be fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be fifteen (15) feet. i. Maximum Building Height: Buildings shall be a maximum of two and a half (2 1/2) stories, not to exceed thirty-six (36) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend above this height limit. j. Garages: Garages may be front facing and there is no requirement for "swing" driveways. 2.6 Townhouse Units: Townhouse units shall be allowed within Tract B as outlined on the Zoning Exhibit. If townhouse units are developed within Tract B, they shall be developed in accordance with the following criteria: L Front Yard: The minimum depth of the front yard shall be ten (10) feet. Side Yard: There will be no requirement for separation between units. All buildings shall have a minimum side yard of six (6) feet and shall maintain a minimum building separation of twelve (12) feet. A side yard adjacent to a public street shall be a minimum of fifteen (15) feet. iii. Rear Yard: All buildings shall have a minimum rear yard of fifteen (15) feet. iv. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusion of garages, breezeways and porticos. V. Lot Area: The minimum area of any lot shall be two thousand (2,000) square feet. vi. Lot Coverage: In no case shall more than seventy-five (75) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. vii. Lot Width: The minimum width of any lot shall be twenty-five (25) feet. viii. Lot Depth: The minimum depth of any lot shall be ninety (90) feet. 4 ix. Maximum Building Height: Buildings shall be a maximum of two (2) stories, not to exceed thirty-six (36) feet in height. Chimneys, antennae and other architectural projections not used for home occupancy may extend above this height limit. X. Open Space Reguirement: A minimum of ten (10) percent of the net lot area, for areas to be developed for townhouse areas, shall be developed and maintained as landscaped open space. Landscape open space may include areas used for facilities such as walks, plazas, courts, recreational amenities, water features and other similar uses not specifically used for vehicle access and parking. Open Space shall be located within the residential portions of this Planned Development District. A minimum of thirty (30) percent of the required ten (10) percent shall be located within the townhouse area. xi. Garages: Garages may be front facing and there is no requirement for "swing" driveways. 3. PLANNED DEVELOPMENT — COMMERCIAURETAIL TRACT C 3.1 Commercial/Retail: Commercial/Retail areas are primarily intended to accommodate retail, commercial and service centers that supply the surrounding residential areas with convenience goods and services which are normal daily necessities and routine purchases. a. Permitted Uses: The permitted uses in Tract C will be the same as those permitted in the "C-2 General Commercial" zoning district. The following uses shall be permitted in all Commercial/Retail areas: - Advertising Signs — Permitted in compliance with the City's Sign Ordinance, as it presently exists or may be amended. - Antique Sales. - Appliance Stores — Service and Repair. - Assisted Living Facilities. - Artist Materials and Supplies. - Audio and Sound Stores. - Auto Laundries/Car Wash Facilities — Incidental to the primary business use. - Auto Parts and Accessories Sales. - Automobile Parking Lots and Parking Garages - Limited to one story in height. - Automobile Repairs/Operations — Service bay doors may not directly face F.M. 455. - Baby Shops. - Bakery and Confectionery Shops. - Banks, Savings and Loan and Credit Unions. - Banks, Savings and Loan and Credit Unions —With Drive-Thru Services. - Barber/Beauty Shops. - Bed and Breakfast. Book and Stationery Stores. Business Machine Sales and Service Establishments. Business Services. Cafeterias. Camera and Photographic Supply Shops. Candy and Cake Shops. Carpet and Rug Stores. Catering Establishments. China and Glassware Stores. Churches/Rectories. Civic/Convention Center. Cleaning, Dyeing, Pressing, Pick-up and Collection Agencies. Clinics — Medical and Dental. Clothing, Footwear, Apparel, Costume and Costume Rental Stores. Coin and Philatelic Stores. Commercial Amusement/Recreation Enterprises — Indoor and Outdoor. Computer Sales and Repairs. Concrete Batching Plants — Temporary and Incidental to On -Site Construction. Consignment Shops. Construction and field offices — Temporary. Convalescence Homes. Convenience Stores. Convenience Stores — With Gas Service. Curio and Gift Shops. Dairy Products (Retail) — Warehousing of products shall not be permitted as the primary business use. Day Care Centers for Children. Delicatessens. Department Stores. Dinner Theatres. Drapery Shops. Dress Shops. Drug Stores/Pharmacies. Dry Good Stores. Duplicating Centers, Mailing Services. Etc. Electrician. Exterminating Shops. Farmer's Market. Financial Institutions. Fitness and Health Centers. Fixture Repair Shops. Florist and Garden Shops. Fraternal Organizations, Lodges, Civic Clubs, Philanthropic, and Eleemosynaries. Frozen Food Lockers. Furniture, Home Furnishings and Equipment Showrooms and Sales. Furniture Stores. General Merchandise Stores. Governmental and Utility Agencies, Offices, Facilities and Service Yards — No Outdoor Storage Unless Screened. Greenhouse and Nursery Facilities — Sales permitted, but no wholesale growing of stock as a primary business use. Grocery Stores and Supermarkets. Guard and Patrol Services. Gunsmith. Hardware and Building Materials Stores — No outdoor Storage unless Screened. Health Product Stores. Hobby or Craft Stores. Homebuilder. Hospitals and Sanitariums. Hotels, Apartments Hotels, and Motels. Ice Cream Stores. Independent Living Facilities. Indoor Storage Facilities — Incidental to the primary business use and located within the same building. Interior Decorating Stores —Including upholstering and making of draperies, slipcovers, and other similar articles when conducted as a part of the retail operations and secondary to the principal use. Jewelry Stores. Job Printing Centers. Key Shops/Locksmiths. Laboratories - Medical, Dental, and Research. Laundromats. Laundry and Dry Cleaning Establishments. Leather Goods Shops and Luggage Stores. Loan Offices. Locksmiths. Marketing Center. Mass Commuter/Transit Stations. Meat Markets — Including the sale of meat and meat products to restaurants, hotels, clubs and other similar establishments when such sale is conducted as part of the retail business on the premises; part of the retail business on the premises. Medical and Health Care Facilities/Clinics/Emergency Centers. Medical Offices. Messenger/Courier and Telegraph Services. Miniwarehouses — If approved by the Anna City Council as a Conditional Use per Section 6, Conditional Uses of the City of Anna Zoning Ordinance. Mortuaries. Municipal Buildings and Facilities. Museums, Libraries, Art Schools and Art Galleries. Musical Instrument Sales and Repairs. Music Sound Equipment and Sheet Music Stores. Newspaper and Magazine Sales. Novelty/Notion Stores. Nursing Homes. Offices — Professional, Administrative, Medical and General Offices, including, but not limited to, doctors, dentists, optometrists, psychiatrists, attorneys, architects, engineers, planners, travel agents, advertising, insurance, real estate, employment agencies, and similar offices. Office Businesses. Office Supplies and Sales. Optical Stores — Sales and Services. Orthopedic and Medical Appliance and Supply Stores. Paint Stores and Wallpaper Stores. Parks, Playgrounds, Recreational Facilities and Community Centers. Pet Grooming and Supplies. Pet Shops. Photographic Services. Physical culture, health service, and reducing salons. Play Equipment — Sales and Display. Plumbing Shops — No Outdoor Storage. Pool Supply Shops. Post Office Facilities. Printing, Duplicating and Blueprinting Centers/Stores. Private Club Facilities — In accordance with other applicable City ordinances, as they presently exist or may be amended. Pumping Stations. Radio and Television Microwave Antennae/Towers — Incidental to the primary use, and in accordance with other applicable City ordinances, as they presently exist or may be amended. Limited to a maximum of forty (40) feet in height. Radio and Television Sales and Services. Radio and Television Studios and Broadcasting Facilities. Recreation Centers — Public and Private. Recycling Collection Containers. Repair and Storage Garages — Service bay doors may not directly face F.M. 455. Restaurants. Restaurants —With Drive- I n/Drive-Thru Service. Retail Sales. Retail Shops and Stores. Schools — Public, Private, Parochial, music, dance, business, or trade. Securities and Commodities Offices — Including, but not limited to brokers, dealers, underwriters, exchange offices and similar offices. Service Stations — Full Service (Including Bays). Service Stations — Self Service. Service Stations — Including the Incidental storage of rental trucks and trailers, except that trucks and trailers for storage or rental may not be parked within the public right-of-way. Sewing Machine Sales and Services. Shoe and Boot Sales and Repair Stores. Shopping Centers. Small Engine Repairs — Under Roof and Enclosed. Specialty Shops and Boutiques. Sporting Goods Sales. Studios — Art, Photography, Music, Dance, Gymnastics, Health, etc. Tailor Shops. Taxidermists. H Telephone Business Office. Telephone Exchange and Transmission Equipment Buildings/Facilities. Theaters — Indoor. Theatrical Centers, Lodges, Assembly Halls, and Auditoriums. Ticket Agencies, Amusement Tire Dealers and Repair Shops. Tobacco Shops. Tool and Equipment Rental Stores — No outdoor Storage Unless Screened. Toy Stores. Travel Bureaus. Trophies and Awards Shops. Upholstery Shops. Utility Distribution Systems and Facilities — Including, but not limited to electric substations, gas odorizing stations, and gate stations; railroad rights-of-way for switch, lead, spur or team tracks; water pumping stations and water reservoirs. Variety Stores. Vehicle Service Centers. Veterinarian Clinics and Kennels — Limited to small animals and containing no outside pens. Warehousing Facilities — Incidental to the primary business use and located within the same building. Watch Making Shops. Water Softener Sales and Service. Water Treatment Facilities. Accessory buildings and uses customarily incident to the permitted uses. Temporary buildings and uses incidental to construction work on the premises, which shall be removed upon completion of construction work. Uses similar to the above permitted uses, provided the Anna City Council approves said uses prior to the issuance of a building permit. b. Building and Area Requirements: The following development standards shall pertain to retail uses, as outlined above, developed within Tract C: Densi : The permitted floor area of all buildings within the commercial/retail areas shall be unlimited, provided that all sections of the Planned Development Ordinance are fulfilled. Front Yard: The minimum depth of the front yard shall be twenty- five (25) feet. When a lot has double frontage, the front yard requirement shall be applied to both streets. iii. Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve (12) feet. A twenty-four (24) foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty (50) foot side yard is required when the property is located adjacent to property that is zoned for single family residential uses. iv. Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve (12) feet. A twenty-four (24) foot rear yard shall be provided where fire lane access is required and where a vehicular access/fire lane easement is not available on the adjoining property. A fifty (50) foot rear yard is required when the property is located adjacent to property that is zoned for single family residential uses. Maximum Building Height: The maximum height of the buildings within Commercial/Retail Areas shall have a maximum allowed height of two (2) stories, not to exceed forty (40) feet. vi. Lot Area: The minimum lot area shall be ten thousand (10,000) square feet. vii. Lot Width: The minimum lot width shall be fifty (50) feet. viii. Lot Depth: The minimum lot depth shall be ninety (90) feet. ix. Lot Coverage: In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Parking structures and surface parking facilities shall be excluded from lot coverage computation. X. Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary, exterior building material shall be limited to a maximum of twenty (20) percent of the total exterior wall surfaces. 4. GENERAL CONDITIONS: 4.1 Amendment to the Planned Development District (PD): a. At such time a request to amend the PD is submitted, only the party initiating the request shall be named as the "Applicant". All owners of property within the boundaries of the PD are not required to be applicants for amendments to the PD, unless the requested amendments directly affect their property. 10 b. The notification area shall be two hundred (200) feet from the subject property listed on the application as defined by a separate boundary survey or exhibit. 4.3 Landscape Requirements: A landscape buffer with a minimum average width of twenty (20) feet shall be provided adjacent to F.M. 455. 4.4 Commercial Screening: A six (6) foot masonry wall shall be located along the rear property line of the commercial property, adjacent to existing and proposed residential land uses. The installation and maintenance of this wall shall be the responsibility of the owner/developer of the commercial property. 4.5 Residential Buffering: In addition to the six (6) foot masonry wall, as noted above in Section 4.4, steps shall be taken to buffer and/or screen commercial users within Tract C from residential users. A landscape buffer area, a minimum of fifteen (15) feet in width, shall be provided on the commercial property adjacent to existing or proposed residential uses. This landscape buffer area will be located inside the masonry wall and will contain trees (minimum 3" caliper) planted a minimum of fifty (50) feet apart. Plans for the above noted masonry wall and the fifteen (15) foot landscape buffer shall be submitted to and approved by the Anna City Council in conjunction with the approval process for a user within the specific Commercial/Retail area to be developed. 4.6 Conformance to All Applicable Articles of the Anna Zoning Ordinance: Except as amended herein, this Planned Development shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exists or may be amended. 4.7 Parking Requirements: Unless otherwise defined herein, parking requirements shall comply with the ordinances of the City of Anna as they presently exist or as they may be amended. 4.8 Residential Density: The maximum number of single family residential lots within Tracts A and B shall not exceed five hundred twenty (520) units calculated in aggregate. 4.9 General Compliance: Except as amended by this Ordinance, development of property within this Planned Development District must comply with the requirements of all ordinances, rules and regulations of the City of Anna as they exist or may be amended. a. All paved areas, permanent drives, streets (dedicated or private), and drainage structures (if any) must be constructed in accordance with standard City of Anna specifications as they exist or may be amended. b. The Building Official shall not issue a building permit or a Certificate of Occupancy for any use in a phase of this Planned Development District until there has been full compliance with these conditions, and all other rules and regulations of the City of Anna as they exist or may be amended and are applicable to that phase of development. 11