HomeMy WebLinkAboutOrd 846-2020 Rezoning Property at US 75 & W White St (MR HiPoint)CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the west side of State
Highway 5, 1,420 feet south of West White Street)
ORDINANCE NO. $��L22L
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 amendment to Planned Development -765-
2018 on Property described in Exhibit A ("Property") attached hereto and incorporated herein for
all purposes as if set forth in full; and
WHEREAS, said zoning for Property generally located at the northwest corner of U.S. Highway
75 and Country Road 455 is being amended in order to allow the additional land use of multiple -
family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard
and future Suzie Lane; 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 Anna City Code of Ordinances are hereby amended by amending the existing zoning of the
Property described in Exhibit A to allow for the additional land use of multiple -family residence,
as depicted in the Concept Plan on the attached Exhibit B.
D
1. Purpose.
The purpose of this Planned Development District is to facilitate the development of high-
quality development in the northwest quadrant of U.S. Highway 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, office uses, and multiple -family residential.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3_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 Development Services.
b. Exterior insulation finish system ("EIFS") can only be used as accent and must be
at least twelve feet (12') above the finished floor elevation.
3. Development Standards.
a. "C-1" Property. Development of the Property 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-
1 ", Restricted Commercial District, and "THOR Overlay", except as otherwise
provided herein.
Uses: in addition to the Uses permitted under C-1, the following Uses shall
be permitted by right:
A. Hospital (Chronic ('.
are) long term health care facility
B. Hospital (Acute Care)
C. Ambulatory, Surgery Center
D. Emergency Room / Urgent Care
E. Dialysis Center
F. Rehabilitation Care Facility
G. Rehabilitation Care Institution
H. Laboratory, Medical or Dental
I. Laboratory, Scientific or Research
J. Pharmacy with or without Drive Thru
K. Medical Supplies, Sales and Service
L. Child Care Center
M. Nursery School, Kindergarten
N. Rest Home or Nursing Home
O. Veterinarian Clinic (small animal -No Outside Pens)
P. Multiple -Family Residence in accordance with the MF -2
Family Residential - Hight Density zoning district, unless
specified herein
ii. Uses allowed within the district with a Specific Use permit
helistop
. Minimum Lot Area: 10,000 sq. ft.
Multiple -
otherwise
Heliport or
iv. Maximum Building Height: The Maximum building height shall be 55 feet
measured to the top of the last floor ceiling elevation.
v. Outdoor Display Area (Garden Centers):
A. An outdoor display area (garden center) 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 fee
(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.
Multiple -Family Residence Location:
A. Shall be restricted to the area identified on the approved Concept Plan
(Exhibit A) and may be developed entirely as either multiple -family
residence or CA Restricted Commercial as amended by the PD.
B. Minimum residential setback from the centerline of the main lanes of
U.S. Highway 75: 475 feet.
C. No exterior balconies, stoops, or patios shall be permitted on an
exposed facade of a multifamily building directly facing U.S. Highway
75.
3
vii. Standards and Area Regulations (Multiple -Family Residence): 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 "MF -2", Multiple -
Family Residential District —High Density, except as otherwise provided
herein.
A. Maximum number of units: 350
B. Maximum Building Height: 4 stories (55 feet)
C. Maximum Lot Coverage: 60%
D. Maximum Density: 39 units per acre
E. Minimum open space: 20%
F. Parking: 1space /Studio & 1 bedroom units
2 spaces / 2 & 3 bedroom units
viii. Design Standards (Multiple -Family Residence):
A. 50% of all units must have one of the following design features: A true
balcony, stoop, or patio to create outdoor living space.
B. No building fagade may exceed a length of 100 feet without a break in
the fagade of a minimum depth of 2 feet for a minimum length of 10
feet.
C. A minimum of 2 materials are required on each fagade.
D. Screening fence: Border fencing material shall be either masonry
construction or wrought iron, tubular steel, or tubular aluminum with
masonry columns. Additionally, an irrigated landscape screen,
minimum height of 6 feet, shall be installed within a 10 -foot landscape
buffer along the property line on any perimeter not abutting a public
street orright-of--way. The landscape screen must grow to a height of
at least 10 feet within 2 years of installation.
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E. 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 plans) that differ from the Conceptual Development plan
may be authorized by the City Council with the approval of the final
development plans) and without public hearing.
F. The Conceptual Development 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.
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.
5
PASSED by the City Council of the City of Anna, Texas this 25th day of February 2020.
ATTESTED:
Carrie L. Land, City Secretary
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to Pike, Mayor
EXHIBIT A
SITUATED in Collin County, Texas, in the W. S. Rattan Survey, Abstract No. 752 and
the Thomas Rattan Survey, Abstract No. 782, being a resurvey of the 81.8447 acres of
land described in a Special Warranty Deed from Swisher Partners, L.P. to One Anna Two,
Ltd. dated January 31, 2007, recorded in document number 20070201000151600 and in
a Special Warranty Deed from Swisher GP, L.P. to One Anna Two, L.P. dated January
13, 2007, recorded in document number 20070201000151610, both deeds of the Collin
County Land Records, being described by metes and bounds as follows:
BEGINNING ata 518 -inch iron pin found at the northeast corner of said 81.8447 -acre
tract, the southeast corner of the Jan Sherley Miller 66.845 acres Ref. Vol 2667, Pg. 671
and in the west R.O.W. line of U. S. Highway No. 75,
Thence southwesterly with the east line of said 81.8447 -acre tract and with said west
R.O.W. line to 1/2 -inch iron pins found as follows:
South 11 021'west, 104.29 feet; South 8029'west, 2200.0 feet;
South 12004'west, 801.57 feet; South 8029'west, 200.0 feet;
South 17101'west, 202.24 feet; South 45021'west, 499.98 feet;
South 9052'west, 168.2 feet; South 44011'west, 40.09 feet to a 1/2 -inch iron pin
found at the southeast corner of said 81.8447 -acre tract and at the junction of said east
R.O.W. line with the north R.O.W. line of Farm Road No. 455,
Thence south 89113'50" west, 750.14 feet with the south line of said 81.8447 -acre
tract and said north R.O.W. line to a 1/24ch iron pin found at the southwest corner of
said 81.8447 -acre tract and the south, southeast corner of the Don Collins, et al 114.252
acres, Ref. V. 5257, P. 4877;
Thence northerly with the west line of said 81.8447 -acre tract and with the east line of
said 114.252 -acre tract to 1/24ch iron pins found as follows:
North 0029'10" West, 540.38 feet to a 1/2 -inch iron pin found at the beginning of a
curve to the right from which the radius center lies North 89°30'50" East, 500.0 feet;
Thence with said curve, an are of 209.61 feet around a central angle of 24°01'08" on
a radius of 500.0 feet to a 1/24ch iron pin found;
North 59003'25" East, 129.33 feet to a 1/2 -inch iron pin found at the beginning of a
curve to the left from which the radius center lies North 30056'35" West, 700.0 feet;
Thence with said curve, an arc of 189.73 feet around a central angle of 15131'48" on
a radius of 700.0 feet to a 1/2 -inch iron pin found;
North 43031'37" East, 241.38 feet to a 1/24ch iron pin found at the beginning of a
curve to the left from which the radius center lies North 46028'23" West, 700.0 feet;
Thence with said curve, an arc of 530.61 feet around a central angle of 43025'53" on
a radius of 700.0 feet to a 1/2 -inch iron pin found;
North 0005'44" East, 1035.62 feet to a 1/24ch iron pin found a the beginning of a
curve to the right from which the radius center lies South 89054'16" East, 700.03 feet,
Thence with said curve, an are of 101.69 feet around a central angle of 8019123" on
a radius of 101.69 feet to a 1/2 -inch iron pin found,
North 8125'09" East, 393.86 feet to a 1/2 -inch iron pin found at the beginning of a
curve to the left from which the radius center lies North 81°34'51" West, 699.99 feet;
Thence with said curve, an arc of 116.43 feet around a central angle of 9031'48" on
a radius of 699.99 feet to a 1,2. -Inch iron pin found;
Thence North 1006'39" West, 201.55 feet to a 1/24ch iron pin found at the
beginning of a curve to the right from which the radius center lies North 88153`21" East,
700.0 feet;
Thence with said curve, an arc of 205.39 feet around a central angle of 16°48'40" on
a radius of 700.0 feet to a 1/2 -inch iron pin found;
Thence North 151)42'02" East, 121.6 feet to a 1/2 -inch iron pin found at the beginning
of a curve to the left from which the radius center lies North 74117'58" West, 700.0 feet;
Thence with said curve, an arc of 205.39 feet around a central angle of 16148'40" on
a radius of 700.0 feet to a 1/24ch iron pin found;
Thence North 1006'39" West, 55.96 feet to a 1/24ch iron pin found at the northwest
corner of said 81.8447 -acre tract, the northeast corner of said 114.252 -acre tract and in
the south line of said 66.845 -acre tract;
Thence north 89°56`12" east, 955.42 feet with the north line of said 81.8447 -acre tract
and with said south line to the PLACE OF BEGINNING and containing 77.97 +/- acres of
land.
CERTIFICATION:
I, hereby certify that I made the survey on the ground on July 15, 2015 of the herein
described tract shown hereon and set corner stakes as reflected on the plat and that only
visible improvements on the ground are as shown on the survey; to my knowledge, there
are no encroachments, overlapping of improvements or conflicts except as shown on the
survey plat; that the survey is guaranteed to its completeness.
SKGW/GMG 07162015 G10 C:\LD1782-77.STR
REVISED BY U 7-16-2015
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