HomeMy WebLinkAboutOrd 1062-2023-07 Zoning Amendment Request for Communications TowerCITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located at the southeast corner of
future Rosamond Parkway and N. Shadybrook Trail.)
ORDINANCE NO. 14 (02 — 9-Ci2 3 - Q-7
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 Centurion American on
Property depicted in Exhibit 1 ("Site Plan") attached hereto and incorporated herein for all
purposes as if set forth in full; and
WHEREAS, said Property generally located at the southeast corner of future Rosamond Parkway
and N. Shadybrook Trail and zoned planned development (Ord. No. 931-2021); 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 in the Site Plan on the attached Exhibit 1.
1. Purpose.
The purpose of this amendment to the Planned Development (Ord. No. 931-2021) District is
to facilitate the development of commercial communications tower with modified development
standards.
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 commercial Radio, television, or microwave communications
operation (commercial communications tower) shall be in substantial conformance
with the Site 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 the
Planned Development (Ord. No. 931-2021) zoning district and the Planning and
Development Regulations except as otherwise specified herein.
i. Commercial Communications Towers:
1. Maximum height: 90 feet including mast and antennas, measured
from the ground.
2. Minimum front yard setback: 60 feet
3. Minimum setback from the southern property line: 20 feet
4. Minimum residential adjacency separation:
a. Tower: 140 feet
b. Accessory equipment: 80 feet
5. Design: The commercial communication towers shall utilize a stealth
design and screening elements in substantial conformance with the
Site Plan.
ii. Landscaping:
1. The existing stand of trees located to the east and south of the
proposed commercial communication tower enclosure shall be
preserved.
K
2. Landscaping and enclosure screening shall be in substantial
conformance as shown on the Site Plan (Exhibit A).
Section 3. official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable
and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance
shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality, invalidity or
inapplicability shall not affect any of the remaining words, sentences, paragraphs,
subdivisions, clauses, phrases, or provisions of this ordinance, since the 'same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses,
phrases, or provisions. Further, all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective that are consistent and do not conflict with the
terms and provisions of this ordinance are hereby ratified to the extent of such consistency
and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of
this ordinance become effective that are inconsistent or in conflict with the terms and
provisions contained in this ordinance are hereby repealed only to the extent of any such
conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that
this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter
3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply
with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that
does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of
this ordinance.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
3
PASSED by the City Council of the City of Anna, Texas this 25th day of July 2023.
ATTEST:
City Secretary, Carrie L. Land
APPROVED:
Mayor, Nate Pike
Wr xm, s q¢: u sx¢r m wx. Rc. p.ec
R,°,�w n.Nm vvNixz�rzo o�Nv. sa�s..��l:
�arEtov.�x f
°oml dxN'S5 xoR v acawu¢es: —. PHASE I // A
�
R.xx ca vcW RWrzo
n MRJW WMx1ta^q sxp uxrtxvsr ti.,.c .1 \ .
rtRrRx¢ W Waw.N, a rmma RNus a �_ i 1 .•,, ( �ry � ��
:AYµ,K WS9 pG W 21YN R'MP MF i
VICINITY NAIR(N.T.S.)x,0` wr
K16GSTh 55141Rp 6!]/:V9 RaAgp 2M a6P4 5.� �( �\ 4°r
Tl 11
cu„+,vn 1.1 wow.rsgnm rsa••r �w[. / � �
r NrvnnR, nm is vum `o xxo �p� rrns'w2 a a .
° W W \
ur pR p x a xp!W sw N Wursa /j�\ for
o rR "'"''` \\a41 0.� I / PHASE I
p Dram N _ rts p:m 1� rW \ ' ✓ � O`' wr
NO UR,n Hurt
PHASE 2
wo mrr. 1�
'`,� x wIIx rwws
LEGEND
1�11
1 .j
m
—_—
zm ur
1f'
` L✓
�1
ma [w
t It PHASE 3
NEW 100 YEAR
—Wr—
°Rxa.p mW
-PE
PER LAND DEVELOPMENT
—x—
vgvun°wu mqur
PLAN
—r—
vmamw mm mqn
IIri°4
NORTH
�q_
OVERALL SITE PLAN
PHASE2
59Y WIP rMq qAR r15
ONUS R ISID
\ °^�
verizon✓
Wp N R
wvxgR,ww
LLPR0
Tom_ �L-
\
Vol
�yy SIZE NAME:
HURRICANE CREEK
NEW 90'A' STEALTH
TELECOMMUNICATION
STRUCTURE
geTr nw
OVERALL SITE PLAN
I /
f- Z-1
i/ PLANTYPE:
x
brat
r
/
/
i
— SITE PLAN
PROJECT NAME
VILLAGES OF
HURRICANE CREEK, NORTH
BLOCK K, LOT TX
0.05 ACRES
ANNA, TX
COLLIN COUNTY, TEXAS
JOSEPH BOYLE SURVEY,
ABSTRACT No. 105
EXHIBIT A
1 OFA 6I2812023
91Po( afLK S BIyC W 511MI pY b]N, K, a1lC I _ - - / \ ♦♦
/M/]S AY: YIO WII aN4WN11: [WZYS tlr � i
a:a::N:wr. m�mmnoano�o:y,'n. as wnFnr. �-' �- \\ �¢¢a ♦ L,
�, �P aaaNN�ma I•
s:[e1�]esIX9x2aPs.s�oo-tu —' � �� � 1 ♦♦ o4uv zr nus
J
verizon
m zwvxl m M xsar!a m :Ix xoal [R s.mn Iw / � (J� � \
W'Wv4 a.5MF h+LL [NGM� l� �
x.r a.auv.:.Q%m royarn xam„� ! v --^ \♦" ALLPRO
Nxa]aiaxaa a:w emus wioas �s i ` La.� Y e'\ yW'.. rya wain mrsi to mrwn as wi. []ol'�, amen zsin
a2aKr6 ww4 rt:a Y!vc.:P. y 4K'4.1 W" i ; � - &. Mn:[ 91]-]L-Ql] fec 66-is-N15
4Nm Dw'L.µ' CPJY' M Ipl A9J: W`MIN?RA ��1 i
as Mnx,. aalu:xlxN W' _ .d'd' ♦ 1 i`'� x ¢ RF::['w'w:w 4a]
•uaSne �p e..
rewsmssi. e,n xao..o e.a NM°.• '�♦ •'a o\ ,p, \BRA xa®ar. ss
mwar-r urwaw.l rain Irtu.l ra:n Yas ♦ \ tlCsJ , G c[xm:s
mrsxP:+rs •!.x /ae'rw[.
v.ax aK'♦ aK Mn+m mnurs x o exxa s zoIXwv� rox a
a nea:
I 1 \ reN ra�wP zaac Ursa
oxnwa: a+x:; u[nm o za21 mar xCKK: xw rs ♦♦ P.. - g, �\
o::a is usn �w cws re mrs:wceal i
sx le.rn a+:axrmM-AClw4 rx.usss ♦�
1 nn m w xs ,I♦ _ v'� i
Mw[ ♦� �/ \- \._ Ya•d h'..1. Rµ. FWAQP [LRP
l KY a'Mn l �n�� (IXy]I Pl1L1K,
w x 1 ad mow, W ,t M_ '�Yr � R PKAxFYM 11
w 1 ree 1 4�'^ 1 aid \, Y i - .-rrl / ^/ , �-tio O
c rzs wrtm: ma: s ISK P[aPCMm ww -�^ KY K 2X MR.
P O P KA J NPtl I P lA.[SI [W 1' f I H
rE . P (Sa SK[I I-], I 1 V 8 _`\%SW1[0 Almrm AR U{
]C]]I[9IL N]IaAIAIe
[awYEx]arcu¢s �� -•: µ � { M1 R[SRE NAME:
"""'"11AiOP`wia !� may, j 1 3x xm lLaXo moors HURRICANE CREEK
aauwuazs NEW 90'-0-STEALTH
TELECOMMUNICATION
STRUCTURE
his• .?gyp \ o \ X ENLARGED
,s< Sg , a, yoi`' SITE PLAN
o� .6. pis i+t / SDK.
Tt urt Z-2
NORTH ; _' �� '9•N �p ,i.i
LEGEND PLAN TYPE -
SITE PLAN
m nal.a
Koan K L
— rou uK C PROJECT NAME
_w _ awnwla - VILLAGES
_�_ ydMK mm T HURRICANE CREEK, X, NORTH
—ar uooKaw rov man 11�11�11�11 �11�11�11�11�11�11�11 �11 �11�11�11�11 �Ii�11�11�11�11 BLOCK KLOT TX
AN ACRES
—] _ aaxaaM ma m:am ANNA, TX
—r — uooa:oKo mr aw.l ,
COLLIN COUNTY, TEXAS
JOSEPSEPH BOYLE SURVEY,
ABSTRACT No. 105
EXHIBIT A
ENLARGED SITE PLAN 20F4 S/2512023
-------------------- _ _---
(c,)}{_
1 1TV
I9}RIfFI PW
I
WnA[) tA92R nw) CMHP (NNR[1 C/AFAR b
iA Wll1 EO T WA IM W., EVA l ME iN Wll. EOI 1
ay.
R
ICI HMM
ifR¢bIXj
PI VNM1 Rql
I
xn level mWJT
W POR4S
WE gal I-n
I
' xEr aRxo mlAlrs I
' rrlE'�� ro EId c.RRER IAE.
/ lw mulses%x G1Rs
/ I m IucR
I
I I I I
Y-I' gRtq WY P9I$ —�— 1
I-0• Mc PM C-Y -
1
P
3 I
lur V
E1maR 65
RILYIIG
a I'a
LEGEND
om.i
�
NIm
pRTy
,mR
WIR YL
—I — wRmomw mm mml
—I— VImNmM mMI
L
•
�I9p� M9m UH[
P
i ////////////////////////////////%//I/////%/I/////////�VERIZON EQUIPMENT PLAIN
ICR ME -
OM ISRP 01RP
w RPrue. mro N.
a
EXHIBIT A
3 OF
MI IVMR WR. 9.IR RS
ONUS. I. )5i}5
verizon✓
qpl R<Q
. .`Wm
LLPRO
2Cxlp�T:F6E53uv
em EPbI R uwe, r
�. a.RWgM1,W3
P. 9R-i]I-bA] fn YA-Y
HURRICANE CREEK
Nm9W4'STEALTH
TELECOMMUNICATION
STRUCTURE
mR lmc
ENLARGED
SITE PLAN
.1 MIIRR'.
Z-3
PLAN TYPE:
SITE PLAN
PRO)ECTNAME:
VILLAGES OF
HURRICANE CREEK, NORTH
BLOCK K, LOT 7R
3.05 ACRES
ANNA,TX
COLLIN COUNTY, TEXAS
JOSEPH BOYLE SURVEY,
ABSTRACT No.10S
42912023
E
VERIZON EQUIPMENT PLAN
91L SSOI S yNE d k'JM` d!.HW. tiL 9.!t➢
LI'M ,}�. 4N I.E. ,.tl a,RNi.K P,AYNES N,
a. samrss a.,[Nlmn:. u,5 NNYnr.
Kyx,_!N1l'SJ.f4F fw-gq/qu[etR1.
ro,aNaxl loa IXJI}uk4a� w..l NNw: v
.Na,nA u.wRxl [mom. m x IM° n.}a4 e. xlu4xc nu„Anw and IE ca5m,%:m to XwE
MY nILPRRNS W J�MbK Cf [IfSM: NTNkAS x
NI[FRPLUS fp 9,VCYML V C51ME.N 15
JYPdC6 CJPoXE RN M.Rt:CX'pN. R[44 [M,N:
M'JRtp ttNSILNIY Ki M:IMAF SaIl1�APIX i^4d
tIpARYN IpIE:
.c..Yc n now M.Nn R.h Y.x 11 Y.x NE
16gML1:5 CAI, 6)!/NAP.NE 9Y.EfiR4
[41KSXLY YAYAQNXI nY'%� (IEYX Id .R L:4
E VILLAGES OF
URRICANE M as
CREEK
I k .I rc '(Md l0 3 9[ EHnaJ dw
n rcMx rs Eo •x�. is m'evNl rs
�I
1
I
i I
\ VER120N -ANTENNA PLAN @
�I
IER I. ITI XEI I.b]'AR.
S[NM 11ARR IC6N Ed T g4y56
IECYaI RweIEI x5E[ C eM YAmrpY rxu
IpEP pFEY6E5
ry
SE. _
RAD CENTER
uu p) :d racv rei
Px 4i1a1!
SN6 kumm E/JL 911h m
oxuz n JJm
NORTH
verizon-I
NA Irp .R
N R mm
LLPRO
972-23I-IN3 r- W-M
RRWMEM Y 12
•. - 1%11 111 RNIIYAS
I Pkx YCIWi
SYMI BT. m
CI[P6 BY 4
xLa (]j S4RVIC
RE'As0.5
- 'aR. .C�-.b
pXh
RYRPMI
i 1
0 6 J
1EMx4 MK,I
/U J61®RR
NW4 CON
} /}J
Rx50 RR MIIL [m
�- 9AIY }S kJ9-CBYS AYrtN'.:k
yA C 3
\ c r Yaax1
\\
1. Y<OI)
NVN �
Pam.
� pl seNY E vY.,
v/as6 aml-smvx
\ I !M1 Rx YC!'AI
SITE NAME
HURRICANE CREEK
NEW 90'-0' STEALTH
TELECOMMUNICATION
STRUCTURE
I NM[
ENLARGED
SITE PLAN
.o N„yl
4¢I ILVLSC
Z-4
PLANTYPE:
SITE PLAN
PROJECTNAME
W LLAGES OF
HURRICANE CREEK, NORTH
BLOCK K. LOT TX
0.05 ACRES
ANNA, TX
COLLIN COUNTY, TEXAS
JOSEPH BOYLE SURVEY,
ABSTRACT No. 105
EXHIBIT A
4 OF
66/28/2023
CITY OF ANNA
PLANNING & ZONING COMMISSION
July 6, 2023
Zoning Amendment & Site Plan: Villages of Hurricane Creek Communications Tower
Applicant: Centurion American
DESCRIPTION:
Conduct a Public Hearing/Consider/Discuss/Action on a request to amend a planned
development (Ord. No. 931-2021) to allow a commercial Radio, television, or microwave
communications operation (commercial communications tower) with modified standards
on Villages of Hurricane Creek, North, Phase 2, Block K, Lot 7X on 3.Of acres located at
the southeast comer of future Rosamond Parkway and N. Shadybrook Trail. Applicant:
Centurion American.
REMARKS:
The applicant is proposing to construct a commercial communications tower designed as
a 90-foot stealth water tower. The proposed stealth water tower enclosure and
associated equipment will be accessed from future Rosemond Parkway and located 60
feet from the right-of-way limits.
A site plan (Exhibit A) for the communications tower accompanies this request.
Surrounding Land Use and Zoning
North
On the north side of future Rosamond Parkway, single-family residences,
detached. Zoned Planned Development Ord. No. 931-2021
East
Single-family residences, detached. Zoned Planned Development (Ord. No.
931-2021
South
Future common area lot. Zoned Planned Development (Ord. No. 886-2020)
West
On the west side of N. Shadybrook Trail, future single-family residences,
detached. Zoned Planned Development Ord. No. 931-2021
Proposed Planned Development Stipulations
The requested zoning amendment is to allow for a commercial communications tower
with modified development standards. There are two primary parts to this request: land
use and design standards.
Land Use — The applicant is proposing to construct a commercial communications tower
on one of the common area lots located within Villages of Hurricane Creek, North, Phase
2. The City of Anna Zoning Ordinance currently prohibits commercial Radio, television,
or microwave communications within the residential zoning districts other than within the
Agricultural District.
Design Standards - The language in the proposed Planned Development (PD)
amendment would allow for modified development standards associated with the
commercial communications tower.
Height and area regulations — Sec. 9.04.033 (Special Uses) of the Zoning Ordinance has
a maximum height of 65 feet including mast and antennas, measured from the ground in
residential zoning districts.
➢ The applicant is proposing a 90-foot stealth commercial communications tower,
with the appearance of a water tower and as an entry feature into the community.
Setback - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance requires a minimum
setback for towers, including mast and antennas, in excess of 30 feet in residential
districts of not less than the height of the tower including mast and antennas minus 30
feet from the nearest property line.
➢ With a 90-foot tower, the minimum setback from property lines is 60 feet. The
regulation does not distinguish setbacks between the tower and the accessory
equipment.
o The proposed tower meets the 60-foot setback from all property lines. The
associated screened, equipment yard is proposed to be 22 feet from the
southern property line.
o The property to the south is also a common area lot in the future Villages of
Hurricane Creek, Phase 3, subdivision which is part of the overall same
master planned development.
Residential adiacency - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance does not
discuss a distance separation from residential properties for a commercial
communications tower located within a residential district. Within the specific
requirements for towers located in nonresidential districts, it states:
The minimum distance to a residential property line (measured from any point on
the tower) shall be two times the total height of tower (including any mast or
antennas).
➢ When overlaying the proposed site plan with the previously approved Revised
Preliminary Plat for the Villages of Hurricane Creek and the Final Plats for the
Villages of Hurricane Creek, North, the minimum distance for the tower would be
more than 140 feet to the nearest residential lot line. The minimum distance of the
accessory equipment yard would be 80 feet.
As part of the zoning request the developer is proposing a stipulation that will
maintain the existing stand of trees in between the tower and future residential lots.
RECOMMENDATION:
If the Commission votes in favor of the zoning request, below are recommended
restrictions to place on the Planned Development zoning:
Restrictions:
1. The location of the commercial Radio, television, or microwave communications
operation (commercial communications tower) shall be in substantial conformance
with the Site Plan (Exhibit A).
2. Standards and Area Regulations: Development must comply with the development
standards for use, density, lot area, lot width, lot depth, yard depths and widths,
building height, building elevations, coverage, floor area ratio, parking, access,
screening, landscaping, accessory buildings, signs, and lighting, set forth in the
Planned Development (Ord. No. 931-2021) zoning district and the Planning and
Development Regulations except as otherwise specified herein.
a. Commercial Communications Towers:
i. Maximum height: 90 feet including mast and antennas, measured from the
ground.
ii. Minimum front yard setback: 60 feet
iii. Minimum setback from the southern property line: 20 feet
iv. Minimum residential adjacency separation:
1. Tower: 140 feet
2. Accessory equipment: 80 feet
V. Design: The commercial communication towers shall utilize a stealth design
and screening elements in substantial conformance with the Site Plan.
b. Landscaping:
i. The existing stand of trees located to the east and south of the proposed
commercial communication tower enclosure shall be preserved.
ii. Landscaping and enclosure screening shall be in substantial conformance
as shown on the Site Plan (Exhibit A).