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Home My WebLink AboutOrd 1096-2024-03 Rezoning Property at Cox TractAUTUMNTRLPARKER DRPENAFLORDRCOUNTYROAD426ZI M M E T D R ELM GROVE PARK AVE WOLFRUNPLANTATION DRP U R D U ERDWHITEROCKMARGARETLNEMMACTROUG LECTRANCHVIEWDRMEADOWGLENRDHORSE RUNTHOUSANDOAKSDRD E SCO S T INDIAN CREEKNUTMEGWAYYARBROUGH DRROSEMARYWAYLAMO N T R D DAKO T A D R LI A M D R COUNTY ROAD 371 PINEHURSTCTMELANIEDRGINGER AVE W A T ERHOUSELAKEDR C URT ST MITCHELL LNGRANDVIEW AVE W ILLIE R AY ST B RIARCVMAGNOLIA ST TEAL STA C E V E S C T MCKEECTOHARA NASH CT MOSSYLAKELNBONNIE CT TWINPINECT HARBOR OAKS DRWE S T C R O S S I N GBLVDNHYATTLAKE LNWOODLAND S TTRISTONST HARDWICKDRATWOODDREMMA DR RHETT R D CI NNAMONWAYE M E R S O N D RASHLEYLN SKYVIEWDRJEANINE DRERLINDADRMEADOW DRROB I N S O N D RBRENTWO ODDRJENKINS DR PERKINS CT A ARON ST LEYLAND DR F A L LC TKYLE ST SCARLET VIEW PHILLIPS STS A G E S T CHALK RDDUSTINTRLBOYERCTMILL ST C OUNTY ROAD 376BELLE P A R S LEYW AY N POWELL PKWYBASI LAVESTEFANI ST COLLIN ST MEADOW LARK LN B R O O K S I DE D R CARAWAYCTORIOLE DR CALHOUNDRMEADOW VIEW LN WILKES C T MEADOW RIDGE DR LANGDONDROLIVIA LN TENNYSON ST LUPT O N S TCOUNTYROAD427 E ROSAMOND PKWY CY R US ST R Y A N S T BRYANT FARM RDW ROSAMOND PKWYCOUNTY ROAD 369Maxar, Microsoft, Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 800 1,600400 Feet February 2024 H:\Notification Maps\Notification Maps\ Zoning - Cox Tract EXHIBIT A LEGAL DESCRIPTION BEING a tract of land situated in the S.R. Roberts Survey, Abstract No. 786 and the J.C. Brantley Survey, Abstract No. 114, City of Anna, Collin County, Texas, and being all of the First Tract described in a deed to 3 Monkeys, LLC, as recorded in Instrument No. 2023000058344 of the Official Public Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the northwest corner of said First Tract, common to the northeast corner of a called 58.637 acre tract of land described as Phase 4 in a deed to MCI Exchange Anacapri A Series Depositor, LLC, as recorded in Instrument No. 2023000111060 of the Official Public Records of Collin County, Texas, same being in the center of County Road 371, a variable width right of way; THENCE South 88°23'21" East, along the northerly line of said First Tract and the centerline of said County Road 371, a distance of 2,813.90 feet to the northeast corner of said First Tract, common to the northwest corner of a called 0.7575 acre tract of land described in a deed to the State of Texas, as recorded in Instrument No. 20190508000513540 of the Official Public Records of Collin County, Texas, same being on the westerly right of way line of State Highway 5, a variable width right of way; THENCE South 22°11'52" East, departing the centerline of said County Road 371, along the easterly line of said First Tract and the westerly right of way line of said State Highway 5, a distance of 1,280.39 feet to a 5/8 inch iron rod with plastic cap stamped “TxDOT” found for the northerly southeast corner of said First Tract, common to the southwest corner of said 0.7575 acre tract, same being on the northerly line of Meadow Ridge Estates, Phase One, according to the plat thereof recorded in Cabinet P, Slide 63 of the Plat Records of Collin County, Texas; THENCE South 89°48'36" West, departing the westerly right of way line of said State Highway 5, along the southerly line of said First Tract, the northerly line of said Meadow Ridge Estates, Phase 1 and the northerly line of Meadow Ridge Estates, Phase Two, according to the plat thereof recorded in Cabinet R, Slide 196 of the Plat Records of Collin County, Texas, a distance of 1,755.71 feet to a 3 inch metal post found for the northwest corner of said Meadow Ridge Estates, Phase Two, common to an ell corner of said First Tract; THENCE South 09°22'24" East, along the easterly line of said First Tract and the westerly line of said Meadow Ridge Estates, Phase Two, a distance of 816.23 feet to the southerly southeast corner of said First Tract, common to the southwest corner of said Meadow Ridge Estates, Phase Two, same being on the northerly line of Shadowbend, Phase 2, according to the plat thereof recorded in Volume 2022, Pages 780-781 of the Plat Records of Collin County, Texas; THENCE North 88°37'34" West, along the southerly line of said First Tract and the northerly line of said Shadowbend, Phase 2, a distance of 1,727.20 feet to a 1/2 inch iron rod with plastic cap stamped “Pape Dawson” found for the southwest corner of said First Tract, common to the northwest corner of said Shadowbend, Phase 2, same being on the easterly line of aforesaid Phase 4; THENCE North 01°29'26" East, along the westerly line of said First Tract and the easterly line of said Phase 4, a distance of 2,035.03 feet to the POINT OF BEGINNING and containing 116.191 acres (5,061,299 square feet) of land, more or less. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. Single-Family Summary: Product Units Type C +/- 50 Type B +/- 185 Type A +/- 101 Total +/- 336 Land Use Summary: Product Acres Units Multi-Family +/- 22.9 ac.+/- 500 max.@ 25 du./ac. Commercial +/- 9.8 ac.- Total +/- 32.7 ac.+/- 500 un. 10’ Hike & Bike Trail Vicinty Map Anna High School Slater CreekMiddle School CityHall Joe K BryantElementary White St. W. Rosamond Pkwy.West Crossing Blvd.N. Powe l l Pkwy .Hwy. 75N. Powell Pkwy. C.R. 371MitChell lN.Meadow GleN Rd.Multi-Family +/- 22.9 gross ac. Open Space / Pipeline Esmt. +/- 3.5 ac. Commercial +/- 9.8 gross ac.west CRoss i N G B l v d . Open Space +/- 1.4 ac. Open Space / Detention +/- 2.8 ac. Open Space / Detention +/- 2.1 ac. 10’ Hike & Bike Trail 10’ Hike & Bike Trail Scale 1”=200’ 0’200’400’ This drawing is a pictorial representation for presentation purposes only and is subject to change without notice. Additionally, no warranty is made to the accuracy, completeness, or of the information contained herein. February 22, 2024 KNAPP LAND SOLUTIONS Cox Tract - Anna, TX Conceptual Plan Most recent one COX TRACT City of Anna, Collin County, Texas J.C. Brantley Survey, Abstract Number 114 February 2024 EXHIBIT D - Concept Plan Approx. Acreage: ± 81.5 AC OWNER/DEVELOPER Howard Joseph Cox Jr & 3 Monkeys LLC 1125 Wilma Street Tyler, Texas 75701 Contact: Howard Joseph Cox Jr - coxhowardj@msn.com (831) 917-9298 15' SANITARYSEWER EASEMENTVOL. 2022, PG. 780P.R.C.C.T. Notes: All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202),North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiplythe ground distance by the Project Combined Factor (PCF) of 0.999847313. PROJECT LOCATION SCALE: NTS VICINITY MAP NORTH 10' MIN.20' MIN.40' MIN.115' MIN.5' MIN.5' MIN.10' MIN.20' MIN.50' MIN.115' MIN.5' MIN.5' MIN.10' MIN.20' MIN.60' MIN.115' MIN.5' MIN.5' MIN. TYPE A TYPICAL LOT DIMENSION DETAIL NTS TYPE B TYPICAL LOT DIMENSION DETAIL NTS TYPE C TYPICAL LOT DIMENSION DETAIL NTS ORDINANCE EXHIBIT B RETAIL± 12,000 SF1 STORYBANK± 7,000 SF1 STORYRESTAURANT± 5,100 SF1 STORYSHOPPING CENTER±60,000 SF1 STORYBUILDING 1± 140,000 SF4 STORIES100 UNITSBUILDING 2± 160,000 SF4 STORIES100 UNITSBUILDING 3± 136,000 SF4 STORIES100 UNITSBUILDING 4± 145,000 SF4 STORIES100 UNITSDETENTION AREA±1.30 ACN89°48'36"E1517.5'N22°11'52"W1280.4'N88°23'21"W999.8'S1°36'55"W 1219.1'AMENITY CENTER± 20,000 SF1 STORYBUILDING 5± 150,000 SF4 STORIES100 UNITSFUTURECOX TRACTSINGLEFAMILYMEADOW GLEN RD.N. POWELL PARKWAYSTATE HIGHWAY 5(VARIABLE WIDTH R.O.W.)50' CROSSTEX NORTH TEXAS PIPELINE, LPINST. NO. 20070112000260720, O.P.R.C.C.T.COUNTY ROAD 371(90' R.O.W.)EXISTING SHADOWBEND PHASE 1 INST. NO.202107150002580O.P.R.C.C.T.EXISTING SHADOWBEND PHASE 2 J.C.BRANTLEY SURVEY ABSTRACT NO. 11415' SAN ITAR YSEWER E ASEMEN T VOL . 202 2, PG . 78 0 P.R.C .C .T .Note s: All bearings shown are based on grid north of the Texas Coord ina te Sys tem of 1983 , North Central Zone (4202 ),North American Datum of 1983 . All dimens ions shown are gro und dista nces . To obtain a grid distance , multiply the g round d is tance by the Pro jec t C omb ine d F act or (PCF ) o f 0.9 99847 313. 50' C ROSST EX N ORT H TE XA S PI PE L INE , L P INST . N O. 20 07 01 12 00 02 60 72 0, O . P. R. C .C .T .DWG NAMEK:\FRI_CIVIL\FRISCO SINGLE FAMILY PURSUITS\_2023\2023096 - ANNA 116\CAD\PRELIMINARY\LOT CALCS\20240226_LOTCALCS_ANNA_MF.DWGLAST SAVED2/26/2024 10:06 AMCOX TRACTCommercial and Multi-FamilyCity of Anna, Collin County, TexasJ.C. Brantley Survey, Abstract Number 114February 20246160 Warren Parkway, Suite 210Frisco, Texas 75034972-335-3580State of Texas Registration No. F-928NOTES:1. THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY ORCONTACT WITH THE CITY, COUNTY, ETC.2. AERIAL IMAGE BY NEARMAP, COPYRIGHT 2021EXHIBIT E - Concept Plan0060'120'GRAPHIC SCALE 60'Approx. Acreage: ± 34.7 ACENGINEEROWNER/DEVELOPERHoward Joseph Cox Jr & 3 Monkeys LLC1125 Wilma StreetTyler, Texas 75701Contact: Howard Joseph Cox Jr - coxhowardj@msn.com(831) 917-9298PROJECTLOCATIONSCALE: NTSVICINITY MAPNORTHNOTE:This Concept Plan is preliminary and subject to change. It has beenprepared for zoning purposes only. Revisions to Concept Plan thatadhere in all aspects to the restrictions of the PD shall be permitted byThe City.ItemMulti-FamilyCommercialGeneral Site DataZoning (from zoning map)AGAGBase Zoning (from Planned Development)MFC-2Lot Area (square feet & acres)22.911.7Building Footprint Area (square feet) 202,750 84,100Total Building Area (square feet) 751,000 84,100Building Height (# stories)41Building Height (feet - distance to tallest building element)70 ft (max.)25 ft (max.)3 Story Building Setback50 ft (min.)-4 Story Building Setback75 ft (min.)-Lot Coverage (percent - x.xx%)63.26%64.94%Multifamily Units# of 1 bedrooms250-# of 2 bedrooms150-# of 3 bedrooms100-Total Unit Count500-ParkingParking Ratio (from Zoning Ordinance)-VARIESRequired Parking (# spaces)-267Total Provided Parking (# spaces)-427Accessible Parking Required (# spaces)-14Accessible Parking Provided (# spaces)-15Multifamily ParkingParking Ratio (from Zoning Ordinance)1/1 BRU; 2/2 & 3BRU + 0.25/Unit forvisitors-Required Parking per unit (# spaces)750-Required Visitor Parking (# spaces)125-Total Provided Parking (# spaces)875-Accessible Parking Required (# spaces)18-Accessible Parking Provided (# spaces)18-Required Covered Parking excluding visitor (# spaces & percent - %)375, 50%-Provided Covered Parking (# spaces & percent - %)380, 50.5%-ORDINANCEEXHIBIT C 1Lauren Mecke From:Misty McWhorter Sent:Monday, March 4, 2024 11:38 AM To:Lauren Mecke Subject:[EXTERNAL]: Zoning Response (SW corner CR 371 & N Powe ll Parkway)CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still un sure, please report this email via the PhishNotify button. Lauren, I am Opposed to the request regarding the request to rezone the SW corner CR 37 1 & N Powell Parkway. I have the following concerns: 1. Increased traffic on CR371 & Hwy 5. a). CR371- is a two lane road with no shoulder and no turn lanes. It can't handle the current traffic (e specially during drop off/pickup for school at JKB) b). Lets not forget, we will have traffic from th e Lagoon development. 2. Impact on the school district. 3. I have concerns on the 'commercial" portion. What k ind of regulations would be put in place? a). For example would the business establishment be required to close at a certain time? Keep noise to a certain level?, parking, etc.? 4. Lastly, I don't want to see an apartment complex when I walk out my back door. I declare that I am the owner at the property listed at the address 101 Charleston Drive Anna, TX 75409 Thank You Misty McWhorter 214-726-5340 Cox Tract Page 1 of 10 CITY OF ANNA Planning & Zoning Commission March 4, 2024 Zoning: Cox Tract Applicant: Howard Joseph Cox/3Monkeys LLC & Eleanor K. Cunningham DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone from Agricultural (AG) District to Planned Development for a single family, detached subdivision, multi-family lot & commercial development on 116± acres located at the southwest corner of County Road 371 & N. Powell Parkway. REMARKS: The Mixed-Density Residential (MD) district provides medium-density residential development with diversified housing choices. This district encourages a mix of single- family and two-family residential uses and incentivizes community amenities to form compact, accessible, and walkable neighborhoods. The Multi-Family Residential (MF) district provides for high-density residential development, targeting well-designed multi-family uses serving as a transition between medium-density residential development and commercial nodes. This district encourages multi-family uses with site development characteristics that accommodate open space and access to light and air. The Regional Commercial (C-2) district provides for medium- to large-scale development of retail, service, entertainment, and office necessary for a regional market. This district primarily facilitates commercial development, like big box and anchor retailers and intensive shopping strip centers that are automobile oriented and generate high traffic counts. A Concept Plan, Cox Tract, accompanies this request as Exhibit A & Exhibit B. Surrounding Land Uses and Zoning North Across CR 371, Single-Family dwellings zoned Planned Development (Tara Farms, Phases 4 & 5; Ord. No. 2000-05) and vacant land zoned Local Commercial (C-1) East Across N. Powell Pkwy, vacant land zoned AG Page 2 of 10 South Single-family dwellings zoned Planned Development (Shadowbend, Phase 2; 797-2018) and Planned Development (Meadow Ridge; Ord. No. 2001-08) West Vacant land zoned Planned Development (Anacapri, Phase 4; Ord. No. 887-2020) Conformance with the Anna 2050 Comprehensive Plan The Anna 2050 Future Land Use Plan identifies this area as Ranching & Agricultural place type. The Ranching & Agricultural place type states that Cluster Residential may be appropriate when preservation of open space is included. The Preferred Scenario Diagram identifies this property as Estate Residential and Suburban Living. On the following pages are the pages from the Comprehensive Plan for each place type. The proposed zoning districts are not in conformance with the Ranching and Agricultural place type. PROPOSED STIPULATIONS: The applicant is requesting the following variances from the Zoning Ordinance and Subdivision Regulations: • Single-Family Residential Portion: o Declaring that only one common area lot is considered a neighborhood amenity that requires parking as outlined in Sec. 9.02.131. ▪ Sec. 9.02.131 A minimum of five (5) parking spaces will be required at major, neighborhood focal points that are for public use (such as but not limited to pools, amenity centers, parks, and playgrounds). If the major features are adjacent to each other, they can share a parking lot with a minimum of eight (8) parking spaces instead of ten (10). ▪ The frontage of the common area lot with HOA amenities exceeds five parking spaces and the regulation does not explicitly require the parking to be off-street. The other common area lots are not Page 3 of 10 proposing improvements and will be part of the required drainage and detention of the neighborhood. • Commercial and Multi-family Portion: o Modifying the open space requirement to be 15% of the lot. ▪ Sec. 9.04.029 Each lot or parcel of land that is used for a Multi-Family Dwelling shall provide on the same lot or parcel of land usable open space, per Table 20: Multi-Family Dwelling Open Space below. Table 20: Multi-Family Dwelling Open Space Number of Bedrooms Size 1 or less 600 square feet Each additional bedroom over 1 300 square feet ▪ Similar requests for 20% open space have been approved for The Quinn [One Anna Two Addition] (Ord. No. 846-2020 & 911- 2021) and Villages of Waters Creek (Ord. No. 861-2020 & 978- 2022) The applicant is proposing the following stipulations to enhance the Planned Development beyond requirements of the Zoning Ordinance : • Single-Family Residential Portion: o Requiring Single-family, attached dwellings and two-family dwellings to be permitted by specific use permit rather than by right. o Restricting the total number of single-family dwellings to 375 units. o Requiring a 10’ wide Hike & Bike Trail along CR 371. • Commercial and Multi-family Portion: o Restricting the total number of dwelling units to 500 units. o Prohibiting uses that could be considered undesirable. o Increasing the landscape buffer between the multi-family dwellings and single-family dwellings from 10-feet to 20-feet. Page 4 of 10 Page 5 of 10 Page 6 of 10 Page 7 of 10 Page 8 of 10 SUMMARY: Request to rezone from Agricultural (AG) District to Planned Development for a single family, detached subdivision, multi-family lot & commercial development on 116± acres located at the southwest corner of County Road 371 & N. Powell Parkway. The request for MF District and C-2 District zoning is not in conformance with the Anna 2050 Future Land Use Plan. Two of the three proposed lot types in the MD district are in line with the Cluster Residential place type of the Anna 2050 Future Land Use Plan. RECOMMENDATION: The Planning & Zoning Commission shall make a recommendation to City Council: (i) To approve the rezoning, or (ii) To deny the rezoning, or (iii) To approve the rezoning with conditions. If the Planning & Zoning Commission votes in favor of the request, below are recommended restrictions of the applicants’ zoning request: 1. Single-Family Residential Portion: All zoning regulations, standards, uses, requirements, and processes for the Mixed Density Residential (MD) District of the City of Anna Zoning Ordinance adopted on 8/22/23 as it exists or may be amended shall apply to the Planned Development except as follows: a. Approximately 82 acres of the tract shall make up the Single-Family Residential Portion as shown on the Concept Plan. b. The maximum number of single-family dwellings permitted shall be 375. i. Type A: 40’ lot width – Maximum of 115 lots ii. Type B: 50’ lot width – Minimum of 170 lots iii. Type C: 60’ or greater lot width – Minimum of 50 lots c. Single-family, attached and two-family dwellings shall require approval of a specific use permit. e. Park areas and common areas are to be maintained by the Homeowners Association (HOA). Page 9 of 10 f. The northern common area at the primary entrance shall be the only common area defined as a Major Focal Point. On-street parking shall be utilized to meet the minimum of five (5) parking spaces required. No additional parking will be required. g. Street intersections shall be within 10° of perpendicular. h. A 10’ Hike and Bike Trail will be required along West Crossing Boulevard and County Road 371. 2. Commercial and Multi-Family Portion: All zoning regulations, standards, uses, requirements, and processes for the Multi-Family (MF) District and the Regional Commercial (C-2) District of the City of Anna Zoning Ordinance adopted on 8/22/23 as it exists or may be amended shall apply to the Planned Development except as follows: a. Approximately 34 acres of the tract shall make up the Commercial and Multi - Family Portion as shown on the Concept Plan. b. The maximum density of the multifamily residential shall be 25 units per acre with a maximum of 500 units. c. Open Space: i. Location and dimensions of the open space depicted on the Concept Plan are conceptual and subject to change. Detention areas, landscape buffers, easements, and amenity centers shall count towards the minimum open space requirements. ii. The multi-family open space calculation will be based on a per acre basis with a minimum of fifteen (15) percent of the gross area to be utilized as open space. iii. Minimum twenty (20) foot landscape buffer shall be required when adjacent to single-family residential districts. d. Uses permitted within the commercial tract are those permitted within the Regional Commercial (C-2) District of the current Zoning Ordinance as it exists and as amended. e. Uses prohibited within the commercial tract are listed below. • CBD store • Hookah lounge • Cemetery • Gas metering station • Wind energy conversion system Page 10 of 10 3. General Conditions and Restrictions: a. The residential land plan depicted on the Concept Plan is conceptual and subject to change. Revisions to the plan that do not change the general lot layout, or change the general street configuration and pattern, and which adhere in all aspects to the restrictions of the PD, shall not constitute an amendment of the PD, or require the submittal and approval of a revised plan prior to the submittal of a preliminary plat. b. The multi-family and commercial site plan depicted on the Concept Plan is conceptual and subject to change. Any revisions to the concept plan which adhere in all aspects to the restrictions of the PD, shall not constitute an amendment of the PD. c. Revisions to the boundary between the residential, multi-family, and commercial tracts within 10% of what is proposed in this PD will not constitute an amendment of the PD. d. Phasing of the development may occur, provided the subdivision rules and regulations are adhered to unless superseded by the PD or waived by the City Staff, Planning & Zoning Commission, and/or City Council, as applicable. kimley-horn.com 6160 Warren Parkway, Suite 210 Frisco, TX 75034 972 335 3580 March 1, 2024 City of Anna Planning and Development P.O. Box 776 Anna, Texas 75409 RE: Cox Tract Planned Development Justification Memo Single-Family, Base Zoning MD Variances • Major Focal Point Parking o Request for the minimum of five (5) parking spaces required at a Major Focal Point to be obtained by on-street parking. o Justification: The northern common area is bordered by all residential streets with a 50’ right-of-way that allows for street parking. Approximately twenty-five (25) parking spaces could be obtained through street parking. By allowing the street parking to meet the parking requirements for the Major Focal Points, this common area will be able to maximize the dedicated open space that will be more desirable for the residents. Multi-Family, Base Zoning MF Variances: • Open Space o Request for the minimum open space requirements to be 15% of the gross area. o Justification: The minimum open space requirement of 15% is requested to provide flexibility in the site plan for multi-family. Large regional detention area will provide significant open space. We believe this provides an appropriate density and is in conformance with the Comprehensive Plan’s Urban Living place type as is intended through the multi-family residential district zoning. Lexi B. Cassels, P.E. TBPE Registration No. F928 cc: Howard Joseph Cox Jr. & 3 Monkeys LLC