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HomeMy WebLinkAboutOrd 755-2018 Amending Ord 129-2004 as Amended by Ord 627-2013 (Anna Town Center)ORDINANCE NO.%9-619 (Amendment to Ordinance No. 129-2004 as amended by Ordinance No. 627-2013) 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 $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna 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 of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, Amending Ordinance No. 129-2004 as Amended by Ordinance 627-2013. Section 2. All regulations pertaining to Ordinance 129-2004 shall be applicable to this Planned Development, except as amended herein. Establishment of Districts For the purpose of this Planned Development ordinance, the land described in Exhibit A, is hereby divided into districts as follows: District A- Southern Single Family Zone District B- Eastern Single Family Zone District C- Single Family Transition Zone District D- Town Center Town Home Zone District E- Town Center Adjacency Zone District F- Town Center Retail Zone District G- Town Center Zone Page.1 of 9 District H- Southern Town Center Zone District I- Southern Town Center Adjacency Zone District J- "C-2" District K- North Eastern Single -Family Zone Page 2 of 9 District F. Town Center Retail Zone This district is intended to provide for retail, restaurant, and commercial uses near the Town Center Zone, including convenience stores, shopping centers, and office buildings, but not including wholesaling or warehousing. Uses in this area provide the kind of living and shopping activities that give greater identity and life to the Town Center. The Town Center Retail Zone contains approximately 15 gross acres and permits retail (including restaurants, entertainment, and office uses) and multi -family land uses. See Exhibit C Multi -Family Development Matrix. The maximum height in this area shall be three stories, or 50 feet. Buildings shall not be closer than 15 feet to any street. Multi -family is encouraged above first floor retail. The maximum multi -family density shall be 24 units to the acre when retail is not incorporated into first floor space and 36 units to the acre when retail is so incorporated in a quantity equal to or greater than 10% of the total first floor area of multifamily structures fronting all of the collector streets shown on the concept development plan, (Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. This district when developed will be most similar to a "C-2" zoning district. Single-family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance section 3. Patio Homes with the standards as shown below are also allowed in part of District F as shown in Exhibit X. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C")) shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. STANDARDS FOR COMMERCIAL DEVELOPMENTS Page 3 of 9 ADOPTED "PD" CONDITIONS CURRENT "C-2" Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0' 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Corner 15' 25' Maximum Lot Coverage 80% Maximum Height 3 Stories or 50 feet 35' Page 3 of 9 STANDARDS FOR MULTI -FAMILY DEVELOPMENTS Page 4of9 ADOPTED"PD" CONDITIONS CURRENT Minimum Front Yard Setback 20' for one or two story 25' buildings & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (3") Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories 45' or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre with 36 units 25 units per acre with per acre permitted when first special fire protection floor retail is incorporated in equipment. the multifamily project Page 4of9 STANDARDS FOR SINGLE FAMILY HOMES 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' A play ground will be installed in open space. Public Street section shall be a minimum of 34' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of SF Home Development. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. Page 5 of 9 ADOPTED "PD" CONDITIONS Minimum Lot Size 4,500 SFS Typical Lot Size 4,800 SF Minimum Lot Width 40' at Building Line Minimum Lot Depth 11012 Typical Lot Depth 120' Minimum Front Yard Setback 20' Minimum Rear Yard Setback 10' Side Yard Setback 3'— 7' s lit Side Yard Corner 10' Masonry Percentage Front 1St Floor 90% Masonry Percentage Front 2nd Floor 70% Masonry on Side Yards adjacent to Street 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners Detached Front Garages 90% Masonry on front and sides Maximum Height 2.5 Stories or 35 feet Maximum Lot Coverage 70% Minimum Air -Conditioned Square Footage SF 1,500 SF 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' A play ground will be installed in open space. Public Street section shall be a minimum of 34' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of SF Home Development. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. Page 5 of 9 District H. Southern Town Center Zone The Southern Town Center Zone is approximately 25 gross acres and permits multi -family (See Exhibit C Multi -Family Development Matrix.) and retail (including restaurants, entertainment, and office uses.) Standalone retail land uses shall be developed according to the Commercial Development standards specified below except as amended by the following text for retail uses incorporated with multi -family uses. Multifamily residential units may be developed according to the standards specified below with the exception that density may be increased to 36 units per acre when commercial uses are provided on the first floor of multi -family development in amounts that equal or exceed 10% of the first total floor area of those multifamily structures fronting a major collector shown on the approved concept development plan (Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. The district when developed as commercial will be most similar to the "C-2" district. Patio Homes with the standards as shown below are also allowed in part of District H as shown in Exhibit X. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C")) shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. Single family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance Section 3. STANDARDS FOR COMMERCIAL DEVELOPMENTS Page 6 of 9 ADOPTED "PD" CURRENT "C-2" Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0' 10' except 15* when abutting any district requiring a side yard. Side Yard Setback None 5' except 15* when abutting any district requiring a side yard. Side Yard Corner 15' 25' Maximum Lot Coverage 85% Maximum Height 4 Stories or 65 feet 35' Page 6 of 9 STANDARDS FOR MULTI -FAMILY DEVELOPMENTS Page 7of9 ADOPTED "PD" CURRENT "MF - CONDITIONS 2" STANDARDS Minimum Front Yard Setback 20' for one or two story 25'. buildings & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (3") Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories 45' or 65 feet when commercial uses are on the first floor Maximum Density 24 units per acre free 25 units per acre with standing with 36 units per special fire protection acre when above equipment. commercial uses. Page 7of9 STANDARDS FOR SINGLE FAMILY HOMES 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' A playground will be installed in open space. Public Street section shall be a minimum of 34' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of SF Home Development. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. ADOPTED "PD" CONDITIONS Minimum Lot Size 4,500 SFS Typical Lot Size 4,800 SF Minimum Lot Width 40' at Building Line Minimum Lot Depth 11012 Typical Lot Depth 120' Minimum Front Yard Setback 20' Minimum Rear Yard Setback 10' Side Yard Setback 3'— 7' s lit Side Yard Corner 10' Masonry Percentage Front 1St Floor 90% Masonry Percentage Front 2nd Floor 70% Masonry on Side Yards adjacent to Street 80% first and second floor Masonry Percentage on perimeter of Development 100% with two feet wrap around on corners Detached Front Garages 90% Masonry on front and sides Maximum Height 2.5 Stories or 35 feet Maximum Lot Coverage 70% Minimum Air -Conditioned Square Footage SF 1,500 SF 1 Only 10% of lots may be below 4,800 SF. 2 Only 10% of lots may have a Depth of less than 120' A playground will be installed in open space. Public Street section shall be a minimum of 34' Back to Back. Building articulation for all units shall be met per the residential standard ordinance as adopted. Building Repetition shall be consistent with residential standards ordinance as adopted. Roofs shall meet the residential standards ordinance as adopted. Building Fenestration shall meet the residential standards ordinance as adopted. A 6' Masonry Wall shall be constructed along the Southern border of SF Home Development. All front entry garages will have driveway parking spaces a minimum of 18 feet deep. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this day of , 2018. ATTESTED:PROVED: OFAIV �zL%. Al _ _ IL4 '22 City Secretary, Carrie L. Smith Maydr, Nate Pike ruTEX`P Page 9 of 9 EXHIBIT "A" LEGAL LAND DESCRIPTION BEING 22.641 acres (986,229 square feet) of land situated in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; said 22.641 acres (986,229 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 4 / SHRP, Ltd. (hereinafter referred to as Anna Town Center No. 4 / SHRP tract), as recorded in Volume 5631, Page 2600, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town Center Mixed Use tract), as recorded in Instrument Number 20150317000291340, O.P.R.C.C.T. and being a portion of that certain tract of land described in a deed to Anna Town Center No. 2 / BRTO, Ltd. (hereinafter referred to as Anna Town Center No. 2/ BRTO tract), as recorded in in Volume 5622, Page 1863, O.P.R.C.C.T., said 22.641 acres (986,229 square feet) of land being more particularly described, by metes and bounds, as follows: COMMENCING at the Southerly Southeast corner of said Anna Town Center Mixed Use tract, same being in the existing North Right-of-way line (60' ROW) of Sharp Street, according to the plat thereof recorded in Instrument Number 20161110010004610 O.P.R.C.C.T.; THENCE North 00 degrees 34 minutes 03 seconds East, with the East line of said Anna Town Center Mixed Use tract, a distance of 260.19 feet to a point for corner; THENCE North 82 degrees 08 minutes 18 seconds West, departing the East line of said Anna Town Center Mixed Use tract and crossing said Anna Town Center Mixed Use tract, a distance of 69.20 feet to the beginning of a curve to the right whose long chord bears North 64 degrees 55 minutes 07 seconds West, a distance of 381.89 feet; THENCE Northwesterly, continue crossing said Anna Town Center Mixed Use tract with said curve to the right, having a radius of 645.00 feet, through a central angle of 34 degrees 26 minutes 22 seconds for an arc distance of 387.70 feet to the end of said curve; THENCE North 47 degrees 41 minutes 56 seconds West, continue crossing said Anna Town Center Mixed Use tract, a distance of 415.17 feet to the future East right-of-way line of Finley Road; THENCE North 31 degrees 18 minutes 05 seconds East, continue crossing said Anna Town Center Mixed Use tract with said future East right-of-way line of Finley Road, a distance of 50.43 feet to the beginning of a curve to the right, whose long chord bears North 40 degrees 22 minutes 02 seconds East, a distance of 304.67 feet; THENCE Northeasterly, continue crossing said Anna Town Center Mixed Use tract with said future East right-of-way line of Finley Road with said curve to the right, having a radius of 960.00 feet, through a central angle of 18 degrees 15 minutes 38 seconds East for an arc distance of 305.96 feet to the end of said curve; THENCE North 49 degrees 29 minutes 51 seconds East, continue crossing said Anna Town Center Mixed Use tract with said future East right-of-way line of Finley Road, a distance of 235.92 feet to the beginning of a curve to the left, whose long chord bears North 43 degrees 32 minutes 19 seconds East, a distance of 215.93 feet; THENCE Northeasterly, continue crossing said Anna Town Center Mixed Use tract with said future East right-of-way line of Finley Road with said curve to the left, having a radius of 1040.00 feet through a central angle of 11 degrees 55 minutes 04 seconds for an arc distance of 216.32 feet, to the end of said curve; THENCE North 37 degrees 33 minutes 48 seconds East, continue crossing said Anna Town Center Mixed Use tract with said future East right-of-way line of Finley Road and leaving said curve non -tangent, a distance of 503.23 feet to a point for corner; THENCE South 52 degrees 25 minutes 04 seconds East, departing said future East right-of-way line of Finley Road and crossing said Anna Town Center Mixed Use tract and said Anna Town Center No. 2/ BRTO tract, a distance of 588.06 feet to a point in the East line of said Anna Town Center Mixed Use tract; THENCE South 27 degrees 54 minutes 27 seconds West with the East line of said Anna Town Center Mixed Use tract, a distance of 772.90 feet to the beginning of a curve to the left, whose long chord bears South 14 degrees 14 minutes 15 seconds West, a distance of 189.06 feet; THENCE Southwesterly, departing the East line of said Anna Town Center Mixed Use tract and crossing the aforesaid Anna Town Center No. 4 / SHRP tract with said curve to the left, having a radius of 400.00 feet, through a central angle of 27 degrees 20 minutes 24 seconds for an arc distance of 190.87 feet to the end of said curve; THENCE South 00 degrees 34 minutes 03 seconds West, crossing both Anna Town Center Mixed Use tract and said Anna Town Center No. 4 / SHRP tract, a distance of 236.29 feet to a point for corner; THENCE North 82 degrees 08 minutes 18 seconds West, continue crossing said Anna Town Center No. 4 / SHRP tract, a distance of 194.22 feet to the PLACE OF BEGINNING, and containing a calculated area of 22.641 acres (986,229 square feet) of land. 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