HomeMy WebLinkAboutOrd 1067-2023-08 Zoning Amendment to Ord 648-2014 for Anna Town Center Addition (Home Depot)CITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the south side of Hackberry
Drive, 160± feet east of U.S. Highway 75)
ORDINANCE NO. _10(off - 20 23-OS
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 request to amend the zoning and development regulations in
Ordinance No. 648-2014 as amended from Q. Seminole Anna Town Center on Property depicted
in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in
full; 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 Ordinance Amended
The Anna City Code of Ordinances (the "Anna Code") and Planned Development (Ord. No.
648-2014) are hereby amended by amending the zoning of the Property as depicted on the
attached Exhibit 1.
1. Purpose.
The purpose of this Planned Development District amendment is to facilitate the development
of a building materials, hardware (indoors) with modified development standards and allow the
additional accessory uses of auto leasing and rental, truck and bus leasing, and trailer rental.
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 building materials, hardware (indoors) 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 C-2 General
Commercial (C-2) zoning district and the Planning and Development Regulations
except as modified per Ord. No. 648-2014 and as otherwise specified herein.
1. Building Materials, Hardware (Indoors) standards:
i. Additional Permitted Accessory uses:
a. Auto leasing and rental
b. Truck and bus leasing
c. Trailer rental
ii. Parking:
a. 3 spaces per 1,000 square feet of building area and outdoor display
(garden center) area.
b. Additional display areas (Seasonal sales display, shed displays,
staging areas and other outdoor display areas) do not require
additional parking spaces.
2
c. - Parking spaces for auto leasing and rental, truck and bus leasing, tool
rental, trailer rental, and seasonal sales area shall not count towards
the overall provided parking to meet the minimum required parking.
When in the parking lot, they must be stored as designated on an
approved site plan and not within a required parking space.
iii. Outside displays and storage excluding garden centers:
a. Landscape Screen along Buddy Hayes Boulevard and Hackberry
Drive within 100' of seasonal sales and staging areas must contain:
1. 1 canopy tree per 40 linear feet
2. 3' - 4' evergreen shrub row in landscape buffer spaced for
continuous coverage along Buddy Hayes Boulevard and
Hackberry Drive.
b. An ornamental landscape area around and/or within the shed display
area must contain a minimum 600 square feet of landscape
enhancement to include a combination of the following:
- Mulched landscape bed
- Flowering perennials
- Low shrubs under 4' in height
- Low Ornamental grasses at least 1' in height
iv. Signage:
a. Maximum individual wall sign: 440 square feet
b. Maximum area of all wall signs: 620 square feet
2. Outdoor display areas (Garden Centers) [Additions are indicated in underlined
text; deletions are indicated in strikethrough text.]
a. An outdoor display area (garden centers) may not exceed twenty-seven five
percent (25 27%) of the adjoining building's gross floor area size.
b. The outdoor display area shall be enclosed by a 4' R;asORFY wall with
decorative ornamental iron fencing above, to not be less than eight feet (8')
3
total in height_ with a minimum two -feet (2) wide masonry columns at least
every forty feet (40').
c. Height of materials being screened or within a fenced area must be lower
than the screening or fencing.
C. Plats and/or site plans submitted for the Planned Development 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 Concept 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
4
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
ATTESTED:
Texas this 22nd day of August 2023.
L. Land, City Secretary \*\ 1913 '7 Nate Pike,
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CITY OF ANNA
PLANNING & ZONING COMMISSION
August 7, 2023
Public Hearing: Zoning Amendment — Anna Town Center Addition, Block A, Lots 6R,
13 -17 (Ord. No. 648-2014)
Applicant: Q. Seminole Anna Town Center, L.P.
DESCRIPTION:
Request to amend an existing Planned Development (Ord. No. 648-2014) located at the
southeast corner of Hackberry Drive and S Central Expressway (U.S. Highway 75) to
amend the development standards for a proposed building materials, hardware (indoors)
and allow the additional accessory uses auto leasing and rental, truck and bus leasing,
and trailer rental.
REMARKS:
The property's current zoning, established in 2014 (Ord. No. 648-2014), is a Planned
Development with the base zoning of C-2 General Commercial (C-2). The request is to
amend standards established as part of the 2014 zoning and current C-2 development
standards to accommodate the construction of the building materials, hardware (indoors)
site improvements and allow additional accessory uses of auto leasing and rental, truck
and bus leasing, and trailer rental.
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 Town Center Addition, Block A, Lots 6R, 13-17
accompanies this request.
Attached (Exhibit B) is the applicant's justification letter associated with each of the
requests.
Proposed Planned Development Stipulations
ZONING - ANNA TOWN CENTER ADDN (THD) PAGE 1 OF 5
The language in the proposed PD district will modify existing PD standards and current
development standards by:
• Amending an existing PD stipulations pertaining to outdoor display areas (Garden
Centers).
➢ Increase the maximum size of an outdoor display area (garden centers)
from 25% to 27%.
➢ Amending the fencing requirements around the outdoor display area to
remove the 4' masonry wall requirement and establish masonry column
standards.
➢ Removing the landscaping around the outdoor display area. The original
and existing tenant when the zoning district was written is not meeting this
regulation and the potential Building Materials, hardware (indoors) tenant
has requested to remove it.
• Adding accessory uses to be permitted by right for a Building Materials, hardware
(indoor) use.
➢ Ord. No. 648-2014 provided additional accessory uses of tool rental shop
and commercial greenhouse. However, the proposed tenant has additional
services that they offer but those uses are not allowed by the zoning.
➢ Staff recommends allowing the following accessory uses when associated
with a Building Materials, hardware (indoor) use:
■ Auto Leasing and Rental,
■ Truck and Bus Leasing, and
■ Trailer Rental
• Amend the parking space requirements for a building materials, hardware (indoor)
use.
➢ §9.04.037 (Parking space Regulations) and the Planned Development
defines the parking space requirements for retailers/retail uses as 4 spaces
per 1,000 square feet of gross floor area.
➢ The request is to reduce the required parking to 3 spaces per 1,000 square
feet of gross floor area and include the garden center but exclude the other
display areas.
➢ Parking spaces intended for auto leasing and rental, truck and bus leasing,
tool rental, trailer rental, and seasonal sales area will not count towards the
overall provided parking to meet the minimum required parking.
ZONING - ANNA TOWN CENTER ADDN (THD) PAGE 2 OF 5
• Increase the maximum wall sign sizes for a building materials, hardware (indoor)
use as shown in the sign exhibit (Exhibit C).
➢ §9.05.85 limits an individual major attached sign ("wall sign") to a maximum
of 200 square feet and total wall signs to 400 square feet.
➢ In Exhibit C, the applicant illustrates the signage they are requesting.
CONCLUSION:
The zoning request is not proposing to change the land use on the property but to amend
the regulations and ensure the zoning allows for the business practices of a building
materials, hardware (indoor) use of the proposed tenant and allow for vehicle and trailer
rentals as accessory uses.
RECOMMENDATION:
If the Commission votes in favor of the zoning amendment request, below are
recommended restrictions:
Restrictions:
A. The location of the building materials, hardware (indoors) 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 C-2 General Commercial (C-2) zoning district and the
Planning and Development Regulations except as modified per Ord. No. 648-
2014 and as otherwise specified herein.
1. Building Materials, Hardware (Indoors) standards:
i. Additional Permitted Accessory uses:
a. Auto leasing and rental
b. Truck and bus leasing
c. Trailer rental
ii. Parking:
ZONING - ANNA TOWN CENTER ADDN (THD) PAGE 3 OF 5
a. 3 spaces per 1,000 square feet of building area and outdoor
display (garden center) area.
b. Additional display areas (Seasonal sales display, shed
displays, staging areas and other outdoor display areas) do
not require additional parking spaces.
c. Parking spaces for auto leasing and rental, truck and bus
leasing, tool rental, trailer rental, and seasonal sales area
shall not count towards the overall provided parking to meet
the minimum required parking. When in the parking lot, they
must be stored as designated on an approved site plan and
not within a required parking space.
iii. Outside displays and storage excluding garden centers:
a. Landscape Screen along Buddy Hayes Boulevard and
Hackberry Drive within 100' of seasonal sales and staging
areas must contain:
1. 1 canopy tree per 40 linear feet
2. 3' - 4' evergreen shrub row in landscape buffer spaced
for continuous coverage along Buddy Hayes Boulevard
and Hackberry Drive.
b. An ornamental landscape area around and/or within the shed
display area must contain a minimum 600 square feet of
landscape enhancement to include a combination of the
following:
- Mulched landscape bed
- Flowering perennials
- Low shrubs under 4' in height
- Low Ornamental grasses at least 1' in height
iv. Signage:
a. Maximum individual wall sign: 440 square feet
b. Maximum area of all wall signs: 620 square feet
ZONING - ANNA TOWN CENTER ADDN (THD) PAGE 4 OF 5
2. Outdoor display areas (Garden Centers) [Additions are indicated in
underlined text; deletions are indicated in strikethrough text.]
a. An outdoor display area (garden centers) may not exceed twenty-
seven five percent (2-5 27%) of the adjoining building's gross floor
areasze.
b. The outdoor display area shall be enclosed by a 4'FnaGORFY
decorative ornamental iron fencing above, to not be less than eight
feet (8') total in height with a minimum two -feet (2') wide masonry
columns at least every forty feet (40').
c. Height of materials being screened or within a fenced area must be
lower than the screening or fencing.
C. Plats and/or site plans submitted for the Planned Development 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 Concept Plan will expire after two (2) years of approval.
ZONING - ANNA TOWN CENTER ADDN (THD) PAGE 5 OF 5
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CONCEPT PLAN
ANNA TOWN CENTER ADDITION
15.745 ACRES (729,433 SD. FT.)
LOTS 5R,13-17, BLOCK A
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EXHIBIT B
Kimley>>> Horn
MEMORANDUM
City of Anna, Planning Department
To: 120 W. 711 St.
Anna, TX 75409
From: Jordan Corbitt, P.E.
Kimley-Horn and Associates, Inc.
Date: July 7, 2023
Revised — July 24, 2023
Anna Town Center, Blk A, Lt 611 - SEC of North Central Expressway and Hackberry Dr
Subject: PD Amendment Application
The Home Depot —Anna, TX
Kimley-Horn and Associates respectfully submits this Application for a Planned Development (PD)
Amendment to the Planning and Development Department on behalf of the current property owner, Q
Seminole Anna Town Center, L.P., and the applicant, The Home Depot U.S.A., Inc. This PD
Amendment substantially conforms with the Ordinance No. 648-2014 and THOR Thoroughfare Overlay
District which allows for the parcel development of a new home improvement store within the existing
Anna Town Center development.
Site Development
The proposed site is approximately 13 acres located at the northern end of the Anna Town Center
Master Development. The Home Depot Store will front the North Central Expressway located to the
west. Hackberry Drive is located along the north side of the property and North Buddy Hayes Boulevard
runs along the eastern perimeter of the parcel. There are currently two outparcels shown within the
Home Depot property area. Additionally, the current property owner will retain the remaining portion of
the property to the south, and two "Developer Outparels" are included as part of the concept plans
and preliminary plat associated with this submittal.
Building Architecture
The Home Depot is currently proposing a new home improvement store totaling 135,671 square feet.
This area will include a new building with 106,280 square feet providing sales floor and stock storage
area. The store will also include a 28,118 square feet outdoor Garden Center and 1,283 square feet of
customer vestibule area. The THOR Overlay District requires the building to be 100% masonry,
therefore Home Depot will provide a concrete building with a mixture of smooth and textured concrete
11720 Amber Park Drive, Suite 600, Alpharetta, GA
Kimley>Morn Page
for interest. The building also includes details such as split -faced CMU and is articulated with a steel
awning at the store entry.
Proposed amendments to the existing PD zoning include the following items:
Amendment Request #1: Garden Center size
The Garden Center is located at the north side of the building along Hackberry Drive and is a 28,118
square foot enclosed outdoor space. Per the PD ordinance, the Garden Center can only be 25%
(26,972 SF) of the adjoining building. However, The Home Depot's prototypical Garden Center Design
is 28,216 SF which is approximately 26% of the adjoining building. Therefore, revising the requirement
to allow (26.25%) is requested.
Amendment Reauest #2: Garden Center facade
The PD ordinance also stipulates the Garden Center be enclosed by a four -foot masonry wall with an
eight -foot decorative metal fence. The Home Depot requests an allowance for the enclosure design to
have masonry columns in lieu of the four -foot masonry wall. Included with the submittal are the
proposed elevations of the Garden Center.
Amendment Request #3: Garden Center screening
The PD ordinance requires outdoor display areas to be screened by landscape along the exterior side
of the enclosure. The Home Depot requests an allowance to provide seasonal landscape and plant
display areas in lieu of permanent landscape area along front and side of the Garden Center.
Amendment Request #4: Parking Requirement
The main parking field is located in front of the home improvement store and secondary parking areas
are located on the north side of the building in close proximity to the Garden Center, east side of the
building along Buddy Hayes, and on the south side of the building adjacent to the Tool Rental Center.
The majority of the parking spaces will be located in front of the building with 338 spaces in the front
parking field including (2) two spaces dedicated for Veteran parking, (4) four spaces for online
fulfillment, and (21) twenty-one spaces dedicated to the Pro/contractor. Accessible parking will be
consolidated to the (9) nine spaces closest to the main entry to meet current Texas Accessibility
Standards (TAS). The total available customer parking will be 411 spaces.
The PD ordinance currently requires 4 spaces per 1,000 SF of building area resulting in 538 spaces
required with the proposed building. Home Depot is requesting to reduce the requirement to 3 spaces
per 1,000 SF of building area to better fit their typical demand. This would result in a total of 408 spaces
being required. The proposed site plan provides a total of 411 available customer spaces, however,
and additional 90 spaces will be provided onsite and allocated for accessory uses such as display
areas, loading, and seasonal sales; therefore, these areas are not considered in the proposed parking
total. The Home Depot has utilized their internal parking utilization model which evaluates parking
needs based off anticipated store revenue at full store maturity (4+ years in operation) and has
determined that only 409 parking spaces are needed to meet the anticipated demand. The proposed
770 619 4280
Kimley>Morn Page
parking for the site will still provide more than The Home Depot will need to accommodate customers
and perform store operations.
Buildina Sianaae
According to City of Anna development code, the allowed building signage for each parcel is set at
200 sf per individual sign. Home Depot's prototypical main building sign totals 437.91 sf. Additionally,
code states that the maximum aggregate of all wall signs are not to exceed 2x the maximum area
allowed for a single sign. This would equate to 400 sf. Home Depot's prototypical signage package
totals approx. 615 sf. A sign exhibit has been included for reference.
Conclusion / Summary of requested PD Amendments
A summary of the requested changes to the existing PD zoning is as follows:
1) Garden Center area can only be 25% of the adjoining building.
o We are requesting an additional 1,244 S.F. allowance for the Garden Center
standard footprint. Allowable = 26,972 S.F. (25°/u); Proposed = 28,216 S.F.
(26.25%)
2) Garden Center screening 3' front and 6' side around outdoor display area
o HD will provide seasonal landscape and plant display areas in lieu of
permanent landscape area along front and side of Garden Center
3) Parking Requirements = request reduction of minimum requirement to 3/1000 S.F.
o Required= 408 stalls; Proposed = 411 stalls => additional 90 stalls will be provided
for outdoor displays and other reserved items, totaling 501 spaces.
4) Signage
o Increase allowed maximum individual building signage to 440 sf
o Increase allowed maximum aggregate of all building signs to 615 sf
We appreciate your time and consideration of the approval for this PD Amendment and look forward to
bringing The Home Depot to the Anna Community. For any questions or request for additional details,
please contact Jordan Corbitt via phone (770) 545-6103 or by email at:
Jordan. Corbittnakimley-hom. com
Sincerely,
11720 Amber Park Drive, Suite 600, Alpharetta, GA 770 6194280
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EXISTING ZONING
1 OF 15
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side of
West White Street and East of U.S. 75)
ORDINANCE NO. 648-2014
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 change on Property described in Exhibit A
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located on the north of West White Street and east of U.S. 75 is
rezoned from Planned Development (PD) Ordinance 120-2003 and Planned Development Number (PD)
Ordinance 121-2003 to Planned Development (PD) zoning; 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 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 Planned Development Ordinance 120-2003 and Planned
Development Ordinance 121-2003 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 Commercial
(C-2) with restrictions and addition as set forth below:
Ord. 648-2014 Chief Partners Zoning 1 01-28-14
EXISTING ZONING
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1. Purpose.
The purpose of this Planned Development District is to facilitate the development of a high -
quality, mixed -use development in the northeast quadrant of US 75 and West White Street (FM
455) to accommodate those uses that are of city-wide and regional significance. Within this District
are permitted certain retail, service, residential and office uses. Development is intended to
demonstrate excellence in site planning and design, and provide exceptional circulation from
within the development to West White Street (FM 455) and US 75.
2. Definitions
Except as otherwise provided herein, the definitions in Section 4 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
Planning.
b. Exterior insulation finishing system ("EIFS") can only be used as accent and must be at least
twelve feet (12') above the finished floor elevation.
3. Concept Plan.
Development of the Property must generally comply with the concept plan attached hereto for all
purposes as Exhibit "B ", (the "Concept Plan ").
4. Development Plan
Development of the property will be subject to a Development Plan (Detailed Site Plan) Future
phases of the development must generally comply with development plans approved in
accordance with Section 30 of the City's Zoning Ordinance except as otherwise modified herein
5. Development Standards.
A. "C-2" PMpgdy. Development of those portions of the Property designated as "C-2 Uses" on the
Concept Plan 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
"C-2", General Commercial District, and the "THOR Overlay", except as otherwise provided
herein.
1. Uses: in addition to the Uses permitted under C-2, the following Uses shall be permitted
by right:
a. Tool rental shop (as an accessory use);
b. Commercial Greenhouse (as an accessory use);
c. Bldg. materials, hardware (Inside storage)
2. Uses not allowed within the district or allowed with Specific Use Permit:
a. Motel, motor hotel, or motor lodge Permuted with specific use permit
b. Travel trailer park Not Pemnitted
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EXISTING ZONING
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3.
5.
6.
7.
c. Cemetery or mausoleum
Not Permitted
d. Concrete, asphalt batching plant temporary
(for onsite facility construction)
Pen nittedwithspecific use permit
e. Firatemal organization, lodge or civic club
Permitted with specific use permit
£ Kennel, outside pens
NotPermitted
g. Stadium orplayfield, public
NotPennitted.
h. Swimming pool private
Not Permitted
i Heliport or heliatop
NotPermitted
j. Radio, TV ormicrowave oper., amateur
NotPermitted
k. Radio, TV or microwave oper., commer.
Notpemutted
1 Service yards of government agency
Not Pemvtted
m. Transit statues or turnaround
Not Permitted
n. Auto leasing and rental
(with more t1mfive vehicles on site)
NotPernitted
o. Auto paint and body shop
Not Pemutted
p. Automobile and trailer sales area, new
Not Permitted
q Automobile and trailer sales area, used.
Not Permitted
r. Boat sales and storage
Not Permitted
S Bus terminal
Not Pemitted
t Fleammket
NotPermided
u. Tire dealer (with outside storage
Not Permitted
v. Heavy machinery sales
Not Permitted
w. Massage parlor
Not Permitted
x. Metal dealer, crafter precious
Permitted with specific use permit
y. Nude modeling studio
Not Permitted
z. Traver, manufactured housing or
mcbRe home display and sales
NotPennittsd
aa. Veterinarian clinic (outside pens)
Notpermitted
Lot Width: Minimum lot width is 40%
4. Interior Side Yard and Rear Yard: there shall be no minimum Interior Side Yard or Interior
Rear yards.
Minimum lot area: 10,000 square feet
Maximum building height: 60'
Parking:
a. A "stand-alone" retail building
in excess of 60,000 square feet shall be
Ord. 648-2014 Chief Partners Zoning 3 01-28-14
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considered "retail" for purposes of calculating parking and shall not be
considered part of a "shopping center" on adjacent lots.
b. Shared Parking: Parking spaces may be applied to two uses with mutually exclusive
hours of operation.
c. Parking for a "restaurant "Use that is not part of a "shopping center" shall be
provided at a minimum of 1 parking space per 100 square feet of floor area, exclusive of
patios. Parking for a "restaurant" Use that is part of a "shopping center"
shall be provided as part of the "shopping center " parking requirement
d Medical uses: 5/1,000 sq. ft. (minimum)
e. Retail uses: 4/1,000 sq. ft. (minimum)
£ Shopping Centers: 5.5/1,000 sq. ft. (minimum)
7. Masonry Content: 100% masonry as defined herein.
8. General:
a. Screening pursuant to Section 24.08 shall not be required for C 2 Uses
that abuts public streets or access drives that are adjacent to or across from areas
designated for Residential Use within this Planned Development District.
9. Outdoor display areas (Garden Centers)
a An outdoor displayarea (garden centers) may not exceed twenty five percent (25%) of
the adioining building size.
b. The outdoor display area shall be enclosed by a 4' masonry wall withdecorative
ornamental iron fencing above, to not be less than eight feet (8' i total n height.
c. Height of materials being screened must be lower than the screening fencing.
d. Landscaping shall be planted along the exterior side of any outdoor display area and
maintained at a height of 3 feet along the front and LandscapinY, shall be planted on the
side of any outdoor display area and maintained at a height of 6 feet.
B. C-2/IV1P' Property: Development of those portions of the Property designated as "C 2/MF Uses" on the
Concept Plan must comply with the following development standards: 1. General: This area permits
uses permitted in both "C-2" and "MF". Uses permitted in "C-2" that are developed within this area
must comply with the development regulations set forth in Section 4.A above. Uses permitted in "MF "
that are developed within this area must comply with the following:
a. Uses: Multifamily units shall be allowed.
b. Density: A maximum of thirty-five (35) units per gross acre of land shall
be permitted.
c. Required Parking: Parking requirements for multifamily development
areas shall be one and one (1.5) space per one bedroom and efficiency
units, two (2) spaces per two or more bedroom units.
d. Minimum Dwelling: The minimum floor area for multifamily units with
one bedroom shall be five hundred, fifty (550) square feet, exclusive of garages,
open breezeways and porticos.
e. Lot Coverage and Open Space: In no case shall more than fifty (50)
percent of the total lot area be covered by the combined area of the main
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buildings and accessory buildings.
g. For purposes of this PD "open space" includes developed- city park.
i. All multifamily units must be located within six hundred feet (600) of an open
space area. The Planning & Zoning Commission may approve this distance to
be increased to up to one thousand two hundred feet (1,200') if the shape of
the multifamily development is irregular or if existing trees/vegetation on
the site can be preserved by increasing the distance.
I Within open space areas, there shall be at least one (1) tree for every two
thousand (2,000) square feet of space. New trees planted to meet this
requirement shall be a minimum of three inches (3 ") in caliper.
iii. Individual open space areas shall be at least twenty thousand (20,000)
square feet in size. Open space must be a minimum of fifty feet (50') wide, and
must have no slope greater than ten percent (10%). At the time of Site Plan
approval, the Planning & Zoning Commission may approve full or partial credit
for open areas that exceed the 10% maximum slope if it is determined that such
areas are environmentally or aesthetically significant and that their existence
enhances the development or the surrounding area.
iv. Pools, tennis courts, walkways, patios and similar outdoor amenities may
be located within areas designated as open space. Areas occupied by enclosed
buildings (except for gazebos and pavilions), driveways, parking lots,
overhead electrical transmission lines and easements, drainage channels and
antennas may not be included in calculating useable open space.
h. Lot Width: The minimum width of any lot shall not be less than fifty (50) feet.
i. Lot Depth: The minimum depth of any lot shall not be less than one hundred
twenty (120) feet.
j. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet.
k. Side Yard: The minimum side yard on each side of the lot shall be ten (10) feet. A side
yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation
of fifteen (15) feet shall be provided between multi -family structures. If a side yard is
adjacent to a single family residential district, there shall be a twenty-five (25) foot
setback and a sixty (60) foot setback from the adjacent property line for buildings in
excess of one story in height.
1. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25) feet. If a rear
yard is adjacent to a single family residential district, there shall be a sixty (60) foot
setback from the adjacent property line for buildings in excess of one story in
height,
m. Maximum Height: Buildings shall be a maximum of three (3) stories, not to exceed forty
Ord. 648-2014 Chief Partners Zoning 5 01-28-14
EXISTING ZONING
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(40) feet in height. Chimneys, antennae and other architectural projections not used for
human occupancy may extend five (5) feet above this height limit.
n. Minimum Lot Size: The minimum lot size shall be 8 acres.
o. Screening Requirements: Border fencing of masonry construction (approved by the
City) of not less than eight feet in height shall be installed by the builder at the time of
construction of any multifamily complex, along the property line on any perimeter not
abutting a creek, open space, public or private street or right-of-way. This fence shall be
maintained throughout the existence of the multifamily complex by the owner of the
complex.
p. Staggered Wall Line: Front elevation walls must have a minimum four (4) foot offset
between the relative fi-ont walls (exclusive of exterior balconies) of two adjacent units in
the same building.
q. Masonry Requirements: All principal multi -family buildings and structures shall
have at least ninety percent (90%) of the total exterior walls above grade level, excluding
doors and windows, and recessed balcony areas constructed of masonry as defined
herein.
r. Roof Articulation: The main roof plane shall not occupy more than 70 percent of the
plane.
6. General Miscellaneous Regulations.
A. Floodplain Designation Overlay: For purposes of this Planned Development District,
property within the designated floodplain shall contain an TP PD" overlay designation
which shall not be considered a zoning district. In the event any of such property is
reclaimed and taken out of the designated floodplain, then such overlay shall change to
reflect the reclaimed land and such change in the "FP PD" overlay shall not be required
to be approved in the same manner as a change in zoning district.
B. Signage. The Sign Regulations set forth in Part III-D of the Anna City Code of
Ordinances shall apply to this planned development district except as modified as
follows:
1. Pole Signs:
a. Locations: Pole signs may be located along U.S. 75 and West White Street
frontage;
b. Minimum lot width: 40'
c. Copy area: 300 sq. ft. for the sign identified on the Concept Plan; all other signs:
200 sq. ft.;
d. Setback from adjacent property line: 5', but outside of a 25' x 25' visibility triangle;
e. Maximum height: 35 feet;
Ord. 648 2014 Chief Partners Zoning 6 01-28-14
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f Sign coordination plan: A sign coordination plan shall be required for
the entire Property. Signage for each phase of development must be
identified on each respective development plan.
C. Minor modifications.
1. For purposes of this Planned Development District, a minor modification shall be defined as:
(i) a change to a footprint of a building in which the proposed footprint remains
within the building envelope shown on the Conceptual Site Plan, and
except as otherwise provided in (i), a change to the Concept Plan, any
Development Plan or the Development Standards which does not increase the
building coverage, floor area ratio or residential density of the planned
development, does not decrease any of the specified area regulations or
enumerated parking ratios, nor substantially changes the access or circulation on
or adjacent to the site.
r
The Director of Planning may approve minor modifications to the Concept Plan
and any Development Plan.
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.
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.
Ord. 648-2014 Chief Partners Zoning 7 01-28-14
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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 28th day of January 2014.
ATTESTED:
APPRO
J: AA A
Natb Tilkison, City Secretary I&e Crist, Mayor
•
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f'<</riluili iMO``'
Ord. 648 2014 Chief Partners Zoning 8 01-28-14
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