HomeMy WebLinkAboutOrd 648-2014 Rezoning Property at W White St & US 75 (Walmart)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
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. "CC2" PropgAy. 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 Permitted with specific use perant
b. Travel trailer park NotPennitted
Ord. 648-2014 Chief Partners Zoning 2 01-28-14
c. Cemetery or mausoleum
Not Permitted
d. Concrete, asphalt batching plant temporary
(for onsite facility construction)
Permitted with specific use permit
e. Fraternal organization, lodge or civic club
Permitted with specific use permit
£ Kennel, outside pens
Not Pennitted
g. Stadium or playfield, public
Not Permitted
h Swimming pool private
Not Permitted
i. Heliport orheliatop
NotPermitted
j. Radio, TV or microwave oper., amateur
Not Permitted
k. Radio, TV or microwave oper., commer.
Not permitted
1. Service yards of govemment agency
Not Permitted
m. Transit station ortarmround
NotPemritted
n. Auto leasing and rental
(with more than five vehicles onsite)
NotPermitted
o. Auto paint and body shop
Not Permitted
p. Automobile and hailer 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 Permitted
t. Fleamarket
NotPermitted
u. Tire dealer (with outside storage
NotPeunitted
v. Heavy macbinery sales
Not Permitted
w. Massage parlor
NotPermitted
x. Metal dealer, crafter precious
Permitted with specific use permit
y. Nude modeling studio
Not Permitted
z Trailer, manidactured housing or
mobile home display and sales
Not Permitted
aa. Veterinarian clinic (outside pens)
Not permitted
3. 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.
5. Minimum lot area: 10,000 square feet
6. Maximum building height: 60'
7. 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
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 display area.(garden centers) may not exceed twenty five percent (25%) of
the adjoining building size.
b. The outdoor display area shall be enclosed by a 4' masonry wall with decorative
ornamental iron fencing above, to not be less than eight feet (8') total in 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 Landscaping shall be planted on the
side of any outdoor display area and maintained at a height of 6 feet.
B. C-2/MF 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
Ord. 648-2014 Chief Partners Zoning 4 01-28-14
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.
ii. 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,
in. 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
(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 finnt 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
OverIM: For purposes of this Planned Development District,
property within
the designated floodplain shall contain an
"FP -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
E 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
(11) 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.
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
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:
N S
Natha ilkison, City Secretary Ake Crist, Mayor
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