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HomeMy WebLinkAboutOrd 1064-2023-07 Zoning Amendment for Anna Municipal Complex Addn, Blk A, Lot 1CITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located at the northeast corner of W. 7th Street and S. Powell Parkway) ORDINANCE NO. _i Q 04 - 20 -';L 3 -0:� 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 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 at the northeast corner of W. 7th Street and S. Powell Parkway; 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") and all applicable zoning maps and plans are hereby amended by repealing the current zoning (Ord. No. 831-2019) and replacing the zoning of the Property depicted in the Revised Site Plan on the attached Exhibit 1. 1. Purpose. The purpose of this Planned Development District is to facilitate the development of a library and existing municipal complex and fire station buildings on the Anna Municipal Complex parcel. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. Development of the Property shall comply with the City of Anna Zoning Ordinance utilizing "CBRD" Central Business Redevelopment District base zoning with the revised site plan and variances listed below. A. The location of the planned development zoning district shall be in substantial conformance with the Revised Site 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 CBRD Central Business Redevelopment District (CBRD) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. ii. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. iii. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. iv. Zoning District Area Regulations: 1. Maximum height (feet): 50 2. Front yard (feet): a. 5th Street and Riggins Street: 0 b. S. Powell Parkway: 40 c. 7th Street: 45 2 v. Landscaping shall conform to City ordinances with the following exceptions: 1. Exempt from the 20-foot landscape setback requirement along major thoroughfares. 2. Exempt from the 600 square foot landscape area at the intersection of two dedicated public streets. vi. Signage: The property shall be exempt from the signage regulations. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Revised Site plan. Non -substantial changes of detail on the final development plan(s) that differ from the Revised Site plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Revised Site Plan will expire after two (2) years of approval. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that 3 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 25th day of July 2023. ATTESTED: �* Carrie L. Land, City Secretary !,fi''\ Tl' "s//date Pike, Mayor 1913 9 I M-2 pr I 4k MEN x '1111� T{ I, F ,oa[vnr�.xns .s, 11 '� emFrtrtmwuv I lirl il'! .+x um•r a•afmar �rovi,FKF,xax I 1 �1 y rw - rvrsoavemnw I�1j,� i111 nnM:cM 6r5 Kaw:,�f [mncmnvws I 1 rt[tco'rimvnrnvnc - - tt ®-�, I I'll'' ' I MP9FYTuruPHIYMROMVMMM,R a�- nwx,,,m„uK. 1111 •, 'I I ru[ry , j'i 1111 1 I 'waa, ry u II ili,lljl""® a 5,nxn�K..w..a< II I, ;IjUi f I' 1 ' , 'llrllll O ji ��;', GESSNER if t ENGINEERING 1 IjlI'1 ,l; I'Ilil illill�'Il rl .w I II I REVISED WE PLAN ANNA MUNICIPAL COMPLEX ADDITION _ LOT t, BLOCK Ax'"E 6Or'' CIir OP/iMU, 1R11M M.[[WIIBY: PJ v� BEIHO AiiI /LRfiO pl[(%EOBY: R o� w rmxxr aruxn.er ewrvfir,nfifirRaerxoal woec*.: nam CITY OF ANNA PLANNING & ZONING COMMISSION January 3, 2023 Public Hearing: Zoning Amendment — Anna Municipal Complex Applicant: City of Anna DESCRIPTION: Request to amend zoning on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway to allow for a proposed library and existing civic center uses with modified development standards. REMARKS: The property's current zoning, established in 2019 (Ord. No. 831-2019), is a Planned Development with the base zoning of CBRD Central Business Redevelopment District (CBRD). The request is to amend standards established as part of the 2019 zoning and current CBRD development standards to accommodate the construction of the new library and existing municipal complex site improvements. 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), Anna Municipal Complex Addition, Block A, Lot 1 accompanies this request. Proposed Planned Development Stipulations The language in the proposed PD district will modify existing PD standards and current development standards by: Removing an existing PD stipulation requiring 25-foot landscape areas at intersection corners of two public streets. • Modify the CBRD height and front yard setback requirements. ZONING -ANNA MUNICIPAL COMPLEX PAGE 1 OF 3 • Exempt the property from the 20-foot landscape setback requirement and 600 square foot landscape area requirement at the intersection of two dedicated streets. • Exempt the property from the signage regulations. CONCLUSION: The land use is not proposing to change on the property. The zoning amendment request modifies the existing zoning to accommodate the proposed library and existing municipal complex site improvements. RECOMMENDATION: If the Commission votes in favor of the zoning amendment request, below are recommended restrictions: 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 the CBRD Central Business Redevelopment District (CBRD) zoning district and the Planning and Development Regulations except as modified per Ord. No. 831-2019 and as otherwise specified herein. (Additions are indicated in underlined text; deletions are Indicated In StgWethmitah .} I. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. ii. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. iii. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. ZONING - ANNA MUNICIPAL COMPLEX PAGE 2 OF 3 --- -- - - -- - -- -- -- . -- - - - -- -- -- -- -- iv. Zoning District Area Regulations: 1. Maximum height (feet): 50 2. Front yard (feet): a. 5th Street and Riqqins Street: 0 b. S. Powell Parkway: 40 c. 7th Street: 45 v. Landscapinq shall conform to City ordinances with the followinq exceptions: 1. Exempt from the 20-foot landscape setback requirement along maior thoroughfares. 2. Exempt from the 600 square foot landscape area at the intersection of two dedicated public streets. vi. Signage: The property shall be exempt from the signage regulations. C. 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 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. D. The Revised Site Plan will expire after two (2) years of approval. ZONING - ANNA MUNICIPAL COMPLEX PAGE 3 OF 3 REVISED SITE PLAN ANNA MUNICIPAL COMPLEX ADDITION LOT 1, BLOCK A crtroruaAmuE BPYIO E3L KpEO WIOF 1®MY 6MMIEY IIIM1KY. /EOiMR Ip.]1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance Is generally located north of r Street south of W.5t' Street, east of SH 5 and west of S. Riggins Street) ORDINANCE NO. �9 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 of the City; and WHEREAS, the City has received a requested zoning change on Property descried in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located north of 7t' Street, south of W .51' Street, east of SH 5 and west of S. Riggins Street is rezoned from (C-1) Restricted Commercial District to (PD) Planned Development; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Restricted Commercial District (C-1) to Planned Development (PD) Zoning. The Planned Development (PD) zoning regulations limit the use of the property or any part thereof to those permitted in the Central Business Redevelopment District (CBRD) with restrictions and additions as set forth below: 1. Purpose. The purpose of this Planned Development District Is to facilitate the development of downtown Anna, preserve the historical center of the city, maintain the economic and historic integrity of the area and to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain residential, institutional, retail and office uses. 2. Definitions Except as otherwise provided herein, the definitions in Section 4 of the City's Zoning Ordinance shall apply. 3. Development Standards. a. "CBRD" Property. Development of the Property 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 "CBRD", Central Business Redevelopment District, except as otherwise provided herein. 1. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. 2. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. 3. For all nonresidential parcels, there shall be required to plant one large tree: per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped; or clustered anywhere on the site to facilitate site design. 4. For all nonresidential parcels located at the intersection of two dedicated public streets (rights -of -way), 25-foot landscape areas shall be provided at the intersection corners within 3 years of a third building being constructed on the site. 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 be the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clause, 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. 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, on this 101 day of September 2019. APPROVE Nate Pike, Mayor ATTEST ''O ,,.TEXP�'o`` Carrie Smith, City Secretary EXHIBIT "A" PROPERTY DESCRIPTION ANNA MUNCIPAL COMPLEX ADDITION CITY OF ANNA, TEXAS Being 8.241 Acres out of the HENRY BRANTLEY SURVEY, ABSTRACT NO.71 and the ANNA ORIGINAL DONATION ADDITION, BLOCKS 2 & 3 and being Tracts 11,146,147, 198 of the Henry Brantley Survey, Abstract 71 Lots 1-5, 8 & 9 Block 2; and Lots 1-5 & 6R Block 3 of the Anna Original Donation Addition All Abandoned Alleys in Block 2 and 3 of the Anna Original Donation Addition All the 80-foot wide Right of Way of 6th Street In the Anna Original donation Addition Southernmost 20 foot wide strip of 5th Street Right of Way In the Anna Original Donation Addition V3)-eVa(q EXHIBIT "B" PROPERTY LOCATION rou.m sn wwn.m.rnru.� Q g-_�c_ao(a le SIT WHITE STREET (F.M. 45S) THIR InSTREET .1 6. W W 19 C 6 Z 7 FOURTH STREET FIFTH STREET J3 C 6 J W W � 3 W 4 Z Q