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Ord 860-2020 Rezone Property at US 75 & Rosamond Pkwy (Sherley Tract)
CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of U.S. Highway 75, 691 feet south of future Rosamond Parkway [W CR 370]) ORDINANCE NO. 1 4L) - o�DdU 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 rezoning 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 on the west side of U.S. Highway 75 and 691± feet south of Future Rosamond Parkway (W CR 370) is being rezoned from Single -Family Residential — Large Lot (SF -E) to Planned Development -General Business District (PD -C-2) on 34.3± acres; 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 changing the zoning of the Property described in Exhibit A from Single -Family Residential —Large Lot (SF -E) to allow for the additional land use of multiple -family residence, as depicted in the Concept Plan on the attached Exhibit B. 1. Purpose. 1 The purpose of this Planned Development District is to facilitate the development of high- quality development in the southwest quadrant of U.S. Highway 75 and Rosamond Parkway (CR 370) 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. The permitted uses and standards shall be in accordance with the C-2 zoning district and the Planning and Development Regulations unless specified or restricted herein. a. Uses: 1. Automobile and related uses shall be prohibited, except parking lot/parking garage, automobile. 2. Multiple -Family Residence in accordance with the MF -2 Multiple -Family Residential -Hight Density zoning district, unless otherwise specified herein shall be permitted by right. 3. Single-family dwelling, attached in accordance with the SF-TH Townhome District, unless otherwise specified herein is allowed by -right and shall be restricted to the area west of Standridge Boulevard identified on the approved Concept Plan (Exhibit B). b. Maximum Building Height: 5 stories (75 feet) including architectural projections. cW Maximum Lot Coverage of 80%. dV Setbacks: E 1. The front yard setback shall be 45 feet where parking is allowed in front of the building; 20 feet along streets not identified as major thoroughfare. 2. Zero side yard or rear yard; 15 feet when adjacent to a residential zoning district. e. A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding three stories. f. Two water features are required to be constructed as part of the multi -use development and shall be located in general conformance with the approved Concept Plan. Characteristics of the water features shall include: 1. Northern water feature: minimum 50,000 square feet. 2. Southern water feature: minimum 20,000 square feet. 3. The perimeter of the water features shall be amenitized with a minimum 5' sidewalks, hardscape and landscaping, and shall be used for detention purposes. 4. Developers shall be required to plant one tree (minimum of three-inch caliper and seven feet high at the time of planting) per 100 linear feet of water feature. A. 50% of these required trees shall be large, as defined in Sec. 9.06.0011 Approved plant materials. B. Trees may be grouped and/or clustered to facilitate site design. g. Multiple -Family Residence Location: 1. Shall be restricted to the area identified on the approved Concept Plan (Exhibit B) and may be developed entirely as either multiple -family residence or C-2 General Commercial. 2. Minimum residential setback from the centerline of the Right of Way of U.S. Highway 75: 650 feet. h. The permitted uses and standards shall be in accordance with the MF -2 zoning district and the Planning &Development regulations unless specified herein. 1. Maximum number of units: 450 2. Maximum Building Height: 4 stories (70 feet) including architectural projections. A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding three stories. 3 �'(UD � ����� 3. Setbacks: A. Front Yard: 20 feet. B. Side Yard: 15 feet. C. Rear Yard: 15 feet D. Eaves, covered porches, and roof extensions without structural support may extend into the side yard setback or rear yard setback a distance not to exceed four feet. E. Balconies shall not extend into the required setbacks. 4. Maximum Lot Coverage: 50% 5. Minimum Dwelling: The minimum floor area for multi -family units with one bedroom shall be six hundred (600) square feet, exclusive of garages or porches. Any additional bedrooms shall be a minimum of one hundred and fifty (150) square feet. 6. Minimum open space: 20% of the multiple -family residence lot areas to include the following; A. Two water features as noted above; B. Community open space area: minimum dimension width of 100 feet with land area no less than 20,000 square feet; C. Pedestrian promenade: minimum dimension of 40 feet x 225 feet; D. Amenity center and pool; and E. Additional open space areas shall maintain a minimum dimension of 15 feet in width and 1,500 square feet in area to qualify towards overall minimum open space obligations. 7. Parking: 1 space /Studio & 1 bedroom units 2 spaces / 2 or more bedroom units 0.25 spaces for visitors /unit 8. Design Standards (Multiple -Family Residence): �'������d3�y [! A. Masonry (Brick/Rock veneer): Eighty (80) percent for the first three stories, and Seventy (70) percent for the fourth story. B. Screening Requirements: Border fencing of masonry construction of not less than eight feet in height shall be installed by the builder at the time of construction, along the property lines that abut the northern and southern district boundaries. Open Space that is shared between uses shall be exempt from any type of screening. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. C. Refuse Facilities: Trash compactors shall be permitted as an alternative to individual refuse facility locations. Trash compactor facilities shall be internal to buildings or screened from view on three sides by a masonry wall not less than seven feet nor more than eight feet in height. Solid metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. i. Standards and Area Regulations (single-family dwelling, attached): 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 "SF-TH", Townhome District, except as otherwise provided herein. 1. Lot size: 2,000'per unit 2. Lot coverage: 70% 3. Rear yard: 10 feet 4. Side yard: 0 feet; 5 feet for end units 5. Building separation: 10 feet 6. Side yard, corner: 10 feet 7. Lot width: 20 feet 8. Lot depth: 80 feet 9. Parking: Two enclosed spaces per lot j. 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 5 changes of detail on the final development planks) 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. k. The Conceptual Development Plan will expire after two (2) years of approval. Phasing: 1. Prior to the issuance of a building permit for any multiple -family residence greater than 275 units, a building permit for a minimum 5,000 square feet building for a commercial use must be issued. 2. The water features must be constructed prior to or simultaneously with the multiple -family residence. m. Signage: Signs in this district shall comply with the requirements of the city sign ordinance (as amended), except as listed below. 1. Sign coordination plan: A sign coordination plan shall be required for the entire development (excluding single-family attached) at the time of the first site plan and approved by Council. 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. PASSED by the City Council of the City of Anna, Texas this 9th day of June 2020. ATTESTED: Carrie L. Land, ecretary .,'1- 0 r A/V�,�' Nate Pike, Mayor 010/ Nate Pike, Mayor x Q�� s�� g�uzg== �"WL"Noo3 ~�oW�g Uwm �� eLLq C� � W WOCIwg<ap U�mZp�LLa� �,:;� �> Z W w py� �NO�`Kw � m3� z o� x � wo o a z ,ye�e ��� � a W p �N�� � eLLN� � Z w,g a s Q-'� � s a _r s "� W ;�o� - G3= 3 � �tuu�� oxo � f�y� �� m p �� < � i{ e 4 1 F e I � � - yi •- - __ I i i � FFt ��. ._ ..- ` -_�_ 7J" _, ., , ' _ � --,_ -', -- I _._ > o � .._.� N i— _ , _ � 1� ""— LL s � ----'- ---=-=--------.__._ 1 I,• a� __ 4 - pp° i a ��-�--- -' - __ s e � 9 - -. 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