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HomeMy WebLinkAboutOrd 631-2013 Resone Property S Powell Pkwy 1200 - 1300 blkCITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally to locoted block)nhe west side of South Powell Parkway in the 120 ORDINANCE NO. 631-2013 AN ORDINANCE OF THE CITY OF ANNA, TEXAS ORDINANCE AND CHANGING ING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND Z PROVIDING FOR THE ZONING OF CERTAIN �+E� ERA RIIT.ITY CLAUSES; PR®VIDIED RNEG FOR AN EFFECTIVE SAVINGS, REPEALING AND S DATE; PROVIDING FOR A PENALTY CLAUSE NOT TREXCEED LE$AND OR HIGHEST IHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHE 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 thewest iz zoning to Planned Development (PD) zof South Powell Parkway in the 0oning; to 1300 block being rezoned from Single Family Estate (SFE) g 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 publicationnotherwise ro erty owners and generaly to all ic hearings as required by law and afforded a full and fair hearing toall p 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 003 as n orung of the and codified as Part III -C of The Anna City Code of Ordinances are hereby ended bY Changing the Property described in Exhibit A from Single Family Puntate (SFE) to t the use of the propDevelopment ertyeoopa Y partD) zoning. hereof to The Planned Development (PD) zoning regulations those permitted in the Restricted Commercial (C-1) district for Tract A and Apartments for Tract B. 1 08-27-13 Ord. 631-2013 Rezone property W side of S Powell Pkwy in the 1200-1300 blk allowed within Tract B. The C. Multi -family Units: Multi -family units shalhb�ct shal be developed in accordance with Multifamily uses within the Business Pak DCity of Zoning the 11MF-2 — Multiple Family Residential" regulations Of h maximumo n Y dive Ordinance as presently exist or as they may beamended. 25 units per gross acre of land shall be permitted. Additionally, multifamily units shall be developed in accordance with the following criteria: i Lot Area: The minimum area of any lot shall be ten thousand (10,000) square feet. areas shall be ii. Required Parking: Parking requirements for Multifamily two (2) spaces one and one-half (1.5) spaces per one -bedroom and Y per two or more bedroom units. iii. Minimum Dwelling: The minimum floor e feetea �e xlusiveof garages with open one bedroom shall be six hundred (600) sq breezeways and porticos. iv. Lot Coverage and Open Space: In no case shall more than fifty (50) percent of the total lot area by covered by the combined area of the main buildings and accessory buildings. a, All MF units must be located within six hundred died feet (may' approve usable open space area. The Planning & Zoning this distance to be increased to up to one thousan if xist two Bred feet (1,200') if the shape of the MF development is irregular o ng trees/vegetation on the site can be preserved by increasing the distance. b. Within useable open space areas, there shall be at least one (1) tree for every one thousand (2,000) square feet of space. New trees planted to meet this requirement shall be a minimum of three inches (3 ") in caliper. C. Individual usable open space areas shall must beat sa m nimumt twenty oof fifty (20,000) square feet in size. Useable open pace feet (50') wide, and must have no slope greater than tenont (10ion may t the time of Site Plan approval, the Planning & Zoning approve, full or partial credit for open areas that exceed the 10% maximum slope if it is determined that such areas are environmentally o aesththe etically significant and that their existence enhances the development surrounding area. d. Pools, tennis courts, walkways, patios and similar outdoor amenities may be located within areas designated as useable open space. Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead antennas may not be included in ctrical transmission lines and easements, drainage channels and calculating useable open space. V. Lot Width- The minimum width of any lot shall not be less than fifty (50) feet. 08-27-13 Ord. 631-2013 Rezone property W side of S Powell Pkwy in the 1200 —1300 blk 2 vi. Lots The minimum depth of any lot shall not be less than one hundred twenty (120) feet. vi. Fron_ t - The minimum depth of the front yard shall be twenty-five (25) feet. vii. Side Yard: The minimum side yard on each side feet. A side yard adjacent to a street shall be a minium of the (25) 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. viii. ReaRear 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. ix. Maximum Height: Buildings shall be a maximum of three (3) stories, not to exceed forty (40) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. X. Screening Requirements: Border fencing f masonry ht shall be installed by the builderction dat the by the City) of not less than eight feet m height time of construction of any Multi -family complex, along the property line on any perimeter not abutting a creek, public street or right-of-way. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. xi. Staggered Wall Line: Front elevation walls must have a minimum four (4) foot offset between the relative front walls (exclusive of exterior balconies) of two adjacent units in the same building. xii. 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 acceptable masonry wall construction, in accordance with the city's building code and fire prevention code. ages xiii. A minimum of 10 percent of the parkingspaces must be f acade material of the m in for resident parking shall be the same or similar to the structures, xiv. The building must have roof articulation approved by the Planning Director. The main roof plane shall not occupy more than 70 percent of the plane. xv. The Club House must be constructed before the eighty second multi -family unit receives a certificate of occupancy. Ord. 631-2013 Rezone property W side of S Powell Pkwy in the 1200 —1300 blk 3 08-27-13 xvi. The water and sewer service for this property must be approved by the City. xvii. The property must be platted prior to the issuance of a building permit. xvii. Any structure over 6,000 square feet shall be sprinkled. Additionally, firewalls required by code or recommendations from the Fire Chief will be addressed during plan review. d. 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. e. The Conceptual Development Plan will expire after two (2) years of approval. 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. 631-2013 Rezone property W side of S Powell Pkwy in the 1200 —1300 blk 4 08-27-13 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 27`x' day of August, 2013. ATTESTED: Nath Wilkison, City Secretary APPRO�9/\ Mike Crist, Mayor Ord. 631-2013 Rezone property W side of S Powell Pkwy in the 1200 —1300 blk 5 08-27-13 _.�.- � — .Wm' •��•__w_•••^l5£ �.4t�OD�SeiO S I a.+roeia`x ,� f w �g V r z o I � y \\ I C \i wL2J� 2 ��Q � • e a � 10 t ? oP V �y Jfa_7• WZ? � F1' C, & P eq I zC �N to U2 w30 to C w C ai E3 i �Ro I —'V I�a&ar15 NtiolHOS N31'd75—Ho'3S0f ��y e�2y ! 'a•oa-� ast4/zas4 t [ vS r rVx 'a reyilrr�d � '1 S;93V aa -t ` c � I % vi t Fvd. 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