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HomeMy WebLinkAboutOrd 972-2022 Rezoning Anna Retail AddCITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located on the east and west sides of Throckmorton Boulevard, 370# feet south side of West White Street (FM 455). ORDINANCE NO. q 9 Q -4 jr) aa 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 LAUD, 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 from Anna 31 Retail LP on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the east and west sides of future Throckmorton Boulevard, 370± feet south of W. White Street (FM 455) is rezoned from C-2 to Planned Development — Multiple -Family Residential — High Density (PD-MF-2); 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 (the "Anna Code") are hereby amended by amending the zoning of the Property described in Exhibit 1 and as depicted in the Concept Plan on the attached Exhibit 2. 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality Multiple -Family Residential - High Density. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. A. 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 - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 60 feet (4-story). ii. Parking: A minimum of 1.5 parking spaces shall be provided per one - bedroom and studio units and two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling units for visitor parking. iii. Covered Parking: 50% of the required parking must be covered. iv. Usable Open Space: The regional detention area (Anna Retail Addition, Lot 1, Block B) shall be allowed to be counted toward minimum open space requirements as defined in Section 9.04.004 of the City of Anna Zoning Ordinance. A minimum five (5) foot sidewalk is required to be incorporated into the regional detention area lot design. v. Screening Fence: a. Boarder fencing on any perimeter not abutting a public right-of- way shall consist of; i. a minimum ten (10) foot wide landscape buffer and six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no more than forty (40) foot intervals. The ten (10) foot -wide landscape buffer shall consist of a vegetative screen comprised of minimum 3" caliber trees planted staggered at twenty-five (25) foot centers; and/or ii. Border fencing of masonry construction of not less than eight feet in height. 2 b. Border screening and fencing along the northeast property line, shall consist of a six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel along with masonry columns at no more than forty (40) foot intervals. ii. Refuse facilities: Refuse facilities shall comply with MF-2 zoning to serve the three-story buildings with a maximum of 24 units. For buildings over 24 units, refused shall be served by an integral trash compactor and multi story trash chute sized and designed by the refuse management provider. B. 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. C. 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. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that 3 does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. 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 12th day of April, 2022. ATTESTED: APPRO ISN\ 0 A .,N � � °aw Oo•� f'� eo 1 O O ..�.. Carrie L. Land, City Secretary `Nate ike, Mayor 7% Ey., '11/14/11011111100 4 Exhibit 1 1 of 2 Anna Retail Addition, Block A, Lot 8 PROPERTY DESCRIPTION Being a 12.87 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number 20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 12.87 acre tract as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more particularly described as follows: COMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and Easting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way) and at the southwest corner of said Lot 3; THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate System), with the south line of said said Lot 3, a distance of 369.85 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 01 degrees 02 minutes 37 seconds West, across said Lot 3, a distance of 508.22 feet to a set 1/2" iron rod with a cap stamped "ypassociates.com"; THENCE North 88 degrees 57 minutes 22 seconds East, continuing across said Lot 3, a distance of 69.28 feet to a point for corner; THENCE North 01 degrees 03 minutes 24 seconds West, continuing across said Lot 3, a distance of 24.87 feet to a point for corner from which a found 1/2" iron rod with a cap stamped "ypassociates.com" at an angle point on the north line of said Lot 3 bears North 01 degrees 03 minutes 24 seconds West, a distance of 26.13 feet; THENCE North 88 degrees 52 minutes 55 seconds East, continuing across said Lot 3, a distance of 900.32 feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears South 23 degrees 38 minutes 38 seconds East, a distance of 114.66 feet; THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of 08 degrees 53 minutes 12 seconds an arc length of 114.77 feet to a point for corner at the beginning of a curve to the right having a radius of 660.00 feet and whose chord bears South 14 degrees 35 minutes 12 seconds East, a distance of 308.16 feet; THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 00 minutes 03 seconds an arc length of 311.03 feet to a point for corner; THENCE South 01 degrees 05 minutes 11 seconds East, continuing across said Lot 3, a distance of 128.81 feet to a point of corner from which a found 5/8" iron rod at the southeast corner of said Lot 3 bears North 88 degrees 57 minutes 21 seconds East, a distance of 180.20 feet; THENCE South 88 degrees 57 minutes 21 seconds West, with the south line of said Lot 3, a distance of 1085.91 feet to the POINT OF BEGINNING and containing 12.87 acres, or 560,585 square feet of land, more or less. Exhibit 1 2of2 Anna Retail Addition, Block A, Lot 8 PROPERTY DESCRIPTION Being a 2.52 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number 20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 2.52 acre tract as determined from a survey by Kenneth Yazei, RPLS 6182 on February 28, 2022 (ground distances are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more particularly described as follows: COMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and Easting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way) and at the southwest corner of said Lot 3; THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate System), with the south line of said Lot 3, a distance of 1635.97 feet to a found 5/8" iron rod at the southeast corner of said Lot 3; THENCE North 02 degrees 45 minutes 07 seconds West, with the east line of said Lot 3, a distance of 59.39 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 88 degrees 57 minutes 21 seconds West, across said Lot 3, a distance of 88,00 feet to a point for corner; THENCE North 45 degrees 32 minutes 35 seconds West, continuing across said Lot 3, a distance of 14.97 feet to a point for corner; THENCE North 01 degrees 05 minutes 11 seconds West, continuing across said Lot 3, a distance of 58.82 feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears North 14 degrees 35 minutes 12 seconds West, a distance of 345.51 feet; THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 00 minutes 03 seconds an arc length of 348.73 feet to a point for corner at the beginning of a curve to the right having a radius of 656.66 feet and whose chord bears North 14 degrees 34 minutes 09 seconds West, a distance of 308.55 feet; THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 10 minutes 34 seconds an arc length of 311.46 feet to a point for corner on the north line of said Lot 3, from which a found 1/2" iron rod with cap stamped "ypassociates.com" bears South 88 degrees 54 minutes 49 seconds West, a distance of 12.72 feet; THENCE North 88 degrees 54 minutes 49 seconds East, with the north line of said Lot 3, a distance of 230.56 feet to a found 1/2" iron rod with cap stamped "ypassociates.com" at the northeast corner of said Lot 3; THENCE South 02 degrees 45 minutes 07 seconds East, with the east line of said Lot 3, a distance of 705.88 feet to the POINT OF BEGINNING and containing 2.52 acres, or 109,799 square feet of land, more or less. EXHIBIT 2 10F2 - ` LOT 1, BLOCK A LOVES COUNTRY / TRANSITION TO EXISTING- I SW ROW DEDICATED BY / / •, `.` STORE ADDITION INSTRUMENT N / I UMBER I I OPRCCT � i 190001005.44 PRIOR PLAT I - I LOT4 BLOCK I \ \ I ANNA RETAIL ADDITION �. 2.73 ACRES _ \ ACRES / / \ 05.41 ACRESi� f/J / LOTI,BLOCKAANNA I ' / RETAILADDff10N INSTRUMENT NUMBER i' \• ( �/ J� �" LOT 3R BLOCK `j S r I 3 ANNA RETAIL ADDITION ` l p J �iL—:'-5-'-= of \1\\/ --_- '�y'' { I Fj 2007 20 1.63 ACRES 54BZ 10D2150 / - :` f _ / I/ L ZONING: G2 LOT98LOCKA •� ' ANNA RETAIL ADDITION I \ 1s /�,�/���t ` `(.I t.--"__� / -i " rc •I `} \. 164.3Z / F 2.1 ACRES I ZONING: C-2 I ) /r/� �K��O ,`1 I NB87 '•....;' % a 3a+ec�e4ekagrTr�� :: a `\\\ a nLrAI + _g I ` y0 ° �1 t: �•-r *✓+. V.�:.�..:.:..:.. •' •' Y.•:�a"'e.. .I'�"-"- PROPOSEDL0TIBLOCKB I. P ANNA RETAIL ADDITION t \, PROPOSED ZONNG: \ I'• 1 LOT BLOCK A VA m m ANNA RETAIL ADDITION YY I ;.•;• •••/. J: /� •,- } - - g O COMMONAREA f, 107705 SF/2.47 ACRES 1• 0.96 ACRES �Y�!' •:•: % ans Bran �- »F 8F I �TRu� v 1 i ,L\O \ Cf i '�.� ` •'i j fR ry \ i/--- ' RI ppI I tILAD J , ry / ¢.9fi ACRE I _I, rr �. Tj\ PROPOSED LOT 8 BLOC.,A •• AN RETAILADDITION �•_ VROPOSEDZONING: 2 561 405 SFI12B8 ACRES \ ( 1 \\ I I, \\h �� i I 'µ �. ,=1 r 41 s� vmresn Ia I vR°v Bz uwrrnusnrn 1•\ �sl I �. C a°v°sm>s1°Rr v b'T°RY NUxR MULTFAM�Y ` t �� - - 44uxTM—FN.°\Y ' I "ONIITP® �_ 3]0'TO'f+L ON USr7 �•j•I•i••'. J, I.{ \ - _ CALLED 64.B47 ACRES- , ` APPROVED APPROVED CAALMS GROUP, LLC \ INSTRUMENT NUMBER APRIL 12, 2022 MARCH 7, 2022 2018090400111135D I STAMORY CORRECTION AFFIDAVIT INSTRUMENT NUMBER 20180900 1124710 CITY COUNCIL P6Z COMMISSION CRY OF ANNA CITY OF ANNA t u Wrepemxxye+�=ovwa M Rwa~p OPRCCT CITY PROJECT CONCEPT PLAN PAGE I OF 2 G R E E N L I G H T %[����� noRwv.Rx..sR,rEsex.w�����i ,Axasc,Rss°FFz•:wR "° aq : °"°" sruw°°,— ANNA RETAIL ADDITION ssMNx,sw.xa Lot 3R, 6.7,8.9 Block Loll BbtkB C--- �_:_ ] iaFwEtwe .. 11 - . _- . . . . iu,mxuuxoSURE R oy engn pucwpnd en amaeMy nsPeub^sxw �,n � � .uts..u..neveneniN°n-sma cc.,>u as N ur.�h' er 25.66A— TNe,m�o xreaaee,Wwziew —�rcmNv[xK�twR°ixc `, erq tlww.xv.nrvius.. ryp,a�._ y���.�p�,,,,,,�,se,, �y,Yv,. s w.me.e., wFa ��� vw Ciry of Annn. Colin Cotmry, iexns �zciw es�,awwoa °® Thomas Raltan5urvey AEshact 782 '�m s. m�s �miou�mw ieoe wvasro C .t��R�oRxxasP� �M ..N w � n��Z PrePareA:FeMUary TB. 2Y12 EXHIBIT 2 2OF2 APPROVED APPROVED APRIL 12, 2022 MARCH 7, 2022 CITY COUNCIL P82COMMISSION CITY CITY OF ANNA CITY PROJECT CONCEPT PLAN PAGE 20F 2 GREENLIGHT sILfBO.Ltc ANNARETAILADDITION Lofs 3R, 6.7.8.9 Block A _ Lot I Block B p,a ntpym,M,o� 25.66 A— sN+ranava.RavowasAnarmz+m ❑, of Anna. Cohn Courtly. Tegns Thomas Rattan SMvey No*—t 782 T r.atm PrepOred:FeGunry 28. 2022 rot 3R emn a: me win mmm.ry rble Gmenl Stte wla Zonpg EaisY g:C-2/PrpWiM: UnNanged epnceptuu Itmel LOIArea 15>,Jig tot Arm Gmbinetl Iammgel BuBtling Footprint Arm lApproxima[el 14,Opp Area Cpvered by Gnopy 1,SDD Tool Bu1161ng Area 20.000 wiki�g Height lq Stmies) ) %IMlry xekht beep 34 lm Coverage 9% Floor Area gaUo 11/6J bt 6 glerk A: Sk<Oam Summary Table General5tte wta 7onin8 &UtlnB: L-3/Proposed: Umkangetl CpPmpt are rant wt area sa,39z bt arm Gmbinetl IAcngel 1. euBtline FWtpdm Area (ApDforimam) 3,500 Area Coverts by Gnopy 2110 pnl0aildm8arm 3$W BuiltlinB HeiBM1[Ib Smdaz) 1 Building Height lFeetl 16 tat [avenge b% Floor Area Ra[io 2/31 Lo[) Block A: Site Da[a Summary Tabla Gen¢ral5ire Dan Zoning E tsWg: C-i/PNWme: UnrlanBM Lonmpt Use ReNunnt wtaree 74,3oe lot area Gmbinee IAcngel l.n Watling foo[DdntArta (apmmimate) ),p00 area Gveretl by Gnopy 1p0 Tohl Wildinearea J,ppp Bviltllly Height (n Stprlesl 1 Building Height lFeetl 16 Im Coverage 9% Floor Area Redo 8/Hfi lot g ekrk a: sIm pm wmmary )aue Genmi Site Oam lonin8 itlst4ig C-2/Proposed: P0: MFJ Pmposetl rend Uu Mu111fam0y Lm Ana Combined 45N 669,632 Int Ara Combined (Anage) 35.3) BuIWIng Footprint Area (Approximate) 96,513 Arm CpureO bV Gnopy 46,80p MUItBamBy units SNdio/Min SSDSf M One BetlrooMMM fi605F )< Two eedroeMMin 1p255f I)) Three Bedroom/Mire 13p0if 33 TomIUNt Fount 31H untt Oemiry➢erAve us Toml BuikmgAna 52L995 Bulking Height lg Aorks) Building Height )Peep 58'ro ridge tot Coverage 14% Floor Area Patie )/9 Parking Parana Raup Ifrom inning pralmnml SNtlio/Om Bedroom-I.fi SWces per Unit 1)) Two Bedroom-2 Spams per Unit 350 Three Bedroom-25Wms Per Unb 66 Guest Parking (U9 Wr Untt) 82 Parking Repaired 09 Rezieent Covered ParkinH ReWIretl lSp%1 g99 PahinB Prwieetl pwred Surface SPeae-s 193 GrPpn sW<e: zfip Garage SPa<es 64 Tandem Spa<ez fi4 TOIal Parking Provided fiHl artessible ParkingRmulrM 29 Arcessible PahingProdtletl 19 Pahiy in Fxma o111p%requlrM Wrking None -Pi.- ocen span R I Bedroom=6005F Open SDxeI3%) 19fi800 FaN Atltlitlo,nl Bedroom Overt Bedroom• 3005F I243I 12900 imal ppenSWm Required 269)Oo Open SDace Provked Gntluam Fdge area (SF 69,191 Oetentlon Pond antl Slu Amenlry Mea 108,289 tYthin SO'of ppomaol Area (x36F) 32,301 wgPark (rasp 16.9J3 Imedor Opm SWm 7fi3O>2 LoW ppm Stare Provided 37z,H30 Other tantlsopearm wlthinthe lo[ fi5,533 iota) GntlsmW Area 33H363 Permeable areaz Permeable Pavement 0 O[hm Pemreanble Arm p Total WrmeableArea p Impervious Area Building Arm %,513 Sidewalks, Pavement, antl pmerimperviau Flatwork s 221,905 Omer Impervious Area 9A51 TonllmWrMDYS Mea 331,269 Toml landsmW Area, ImpeMeus Are; PmnmableArea %9,631 TWlarmtorOmtloor Storage None lot 9 Block A me win summary Table Ge—1 Stte win Zoning FtlsUiq: CS / Roposed: UrrtMnged �Wuse omm btArea 91$21 lo[Mm(AcreaBe) 3.1p Bulleln8 hotprint Area (APpmaimttp) 19,000 aea myeree by canoes zso Tani Building Area 3H,000 Building Neigh le Smdm) 2 BDll6ing HelgM )Feet) 35 IM[overage ES% Floor Area Pntio 22/S3 Anna Retail Addition - Rezoning from C-2 to PD-MF-2 ��' ry3k -_,, F tf� /-A , :.•+gin., Y 'AL - - : . ` - li a:l, T i-4/: a: VIEVI, W� AL .ttit.4 r' =y .. 1 11 r4• 8�1 r`P. r t.�, -J R V ._ m r.V`d WHITE STD �. - oo -;27 14& r 0 O J J S =,I l sly • r d: V _ -TRL C6 ... �s h b LLJ }} i 4 r d ¢y THE CITY OF N r -tit ia 'X` £ 200' Notice City Limits ® Boundary ETJ Subject Property 0 200 400 800 Feet February 2022 L.\Planning 8 Development\Project Review\Anacapri Zoning (Megatel)\LocatorWotflcation Location Map.mxd