HomeMy WebLinkAboutOrd 974-2022 Zoning Anna Town Center Multiple-FamilyCITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the east side of
Throckmorton Boulevard, 38± feet south of Hackberry Drive)
ORDINANCE NO. qq 4 -a OR a
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 from Brian Bischoff / Q
Seminole Anna Town Center, 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 side of Throckmorton Boulevard, 38± feet
south of Hackberry Drive was zoned by Ordinance No. 648-2014; 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 a high -
quality Multiple -Family Residences project.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
3. Development Standards.
Development of the Property shall comply with the following development standards provided
below. The site may be developed under:
Development Scenario A
Shall comply with Ordinance No. 648-2014 with the C-21MF use for the subject site; or,
Development Scenario B
Shall comply with the City of Anna Zoning Ordinance utilizing "MF-2" Multiple -Family
Residential — High Density base zoning with the concept plan and variances listed below.
1. Standards and Area Regulations: 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 Multiple -Family
Residential - High Density (MF-2) zoning district and the Planning and Development
Regulations except as otherwise specified herein.
a. Rear yard setback: 20 feet
b. Lot Depth: Average 120 feet
C. A building separation of ten (10) feet shall be provided between HML structures.
Separation between accessory structures (garages & covered parking
structures) shall be a minimum of 8 feet (face of building to face of building, not
including eaves).
d. Parking:
i. 1.5 parking spaces per one bedroom unit and 2 parking spaces per two -
bedroom unit.
ii. Detached covered parking may be constructed of steel and shall be
integrated into the overall site design so as to blend with the main
buildings of the HML development.
iii. 50% of required parking must be covered (Garage or Carport)
2
e. Screening/Fencing:
i. An 8' masonry fence may be constructed along the property line and
within front yard setback but shall be located no closer than 20 feet to an
abutting public street right-of-way.
ii. Minimum 6' Iron fencing is permitted along the eastern property line.
iii. Fences for individual units are permitted within the front yard setback
adjacent to Throckmorton Boulevard but shall be located no closer than
20 feet to the abutting public street right-of-way.
f. Refuse facilities: Every dwelling unit shall be located within five hundred (500)
feet of a refuse facility.
2. Tree Preservation Plan - Tree Survey:
The developer may elect to provide a tree inventory utilizing a sampling method for the
site. The sampling may be 10% of the overall forested area. The sampling method will
utilize 1/10th acre, circular plots, distributed across the forested areas, where trees are
measured and recorded per the city tree preservation ordinance.
3. In the event of a conflict for between the provisions of these regulations and other
exhibits to this ordinance, the provisions above control.
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
3
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
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 26th day of April 2022.
Exhibit A
Legal Description of Property
BEING a tract of land situated in the F. T. Duffau Survey, Abstract No. 288 and the W. S. Ratton
Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being all of Block A, Lot 5 of
Anna Town Center Addition, Block A, Lots 5-8, an Addition to the City of Anna, Texas, according to
the final plat, recorded in Volume 2019, Page 776 of the Plat Records of Collin County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for the
northernmost corner of said Block A, Lot 5, same being on the easterly right of way line of
Throckmorton Boulevard, a 60' wide right of way, same also being on the westerly line of a called
51.195-acre tract of land, described in a deed to Two-J Partners, LLLP, as recorded in Instrument
No. 2008050900056262500 of the Official Public Records of Collin County, Texas;
THENCE South 00028'48" West, along the easterly line of said Block A, Lot 5 and the westerly line
of said 51.195-acre tract, a distance of 793.34 feet to a wooden fence corner post found for the
southwest corner of said 51.195-acre tract;
THENCE South 89°20'45" East, continuing along the easterly line of said Block A, Lot 5 and along
the southerly line of said 51.195-acre tract, a distance of 165.07 feet to a 3/8-inch iron rod found
for the northwest corner of Lot 3, Block G of Creekside Phase 3, an Addition to the City of Anna,
Texas, according to the final plat recorded in Cabinet P, Page 623 of the Plat Records of Collin
County, Texas;
THENCE South 00013'51" West, continuing along the easterly line of said Block A, Lot 5 and along
the westerly line of said Lot 3, Block G, passing the southwest comer of said Lot 3 and the
northwest corner of Lot 2, Block G of Creekside Phase 2, an Addition to the City of Anna, Texas,
according to the final plat recorded in Cabinet P, Page 60 of the Plat Records of Collin County,
Texas, continuing for a distance of 1,248.17 feet to a 5/8-inch iron rod with a red plastic cap,
stamped "KHA" found for the southeast comer of said Lot 5;
THENCE North 89'46'13" West, along the southerly line of said Block A, Lot 5, a distance of
215.17 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for the southerly,
southwest corner of said Lot 5, same being on the easterly right of way line of aforesaid
Throckmorton Boulevard, same being the beginning of a non -tangent curve to the left with a radius
of 395.00 feet, a central angle of 48°31'41", and a chord bearing and distance of North 24002'02"
West, 324.64 feet;
THENCE in a northerly direction, along the westerly line of said Block A, Lot 5 and the easterly
right of way line of said Throckmorton Boulevard, the following:
In a northwesterly direction, with said non -tangent curve to the left, an arc distance of
334.55 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for the
beginning of a reverse curve to the right with a radius of 335.00 feet, a central angle of
48052'40", and a chord bearing and distance of North 23°51'32" West, 277.19 feet;
In a easterly direction, with said reverse curve to the right, an arc distance of 285.78 feet to
a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for corner;
KADAL Civi11069264918-Anna BMSubmittalsl_City Submitta1s\20211129_Resubn-dtW\2021120I_PD_Submi (_ordinance #21-XX.docx Pagel of 8
North 00°34'48" East, a distance of 905.97 feet to a 5/8-inch iron rod with a red plastic cap,
stamped "KHA" found for the beginning of a tangent curve to the right with a radius of
335.00 feet, a central angle of 46057'45", and a chord bearing and distance of North
24003'40" East, 266.96 feet;
In a northerly direction, with said tangent curve to the right, an arc distance of 274.58 feet
to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for corner;
North 47032'33" East, a distance of 81.01 feet to a 5/8-inch iron rod with a red plastic cap,
stamped "KHA" found for corner at the beginning of a tangent curve to the left with a radius
of 395.00 feet, a central angle of 47°03'45", and a chord bearing and distance of North
24°00'40" East, 315.41 feet;
In a northerly direction, with said tangent curve to the left, an arc distance of 324.45 feet to
a point for corner; to the POINT OF BEGINNING and containing 14.894 acres (648,794
square feet) of land, more or less.
KADAL_Civi11069264918-Anna BMSubmittalsl City Submittals12021 l 129_Resubmittal\20211201 PD_Submittal_Ordinance #21-XX.docx Page 2 of 8
I�1':'. III �� ■11 _ AI lo
J o HIM~�
.,
rii_ I lilil.�_IL__IIRf .- II��IL�711i
�0' p1r 1 ! � " � ■�
I
In
R
m �
FEE
§E
R
g¢a
f
�g
!
gg
8EE
�
6i�dEB
qq
�
�..FA
°yff
rR�
�
CS
= r�[ v �a fifi33
� pp
1
p.
n& ANNABTR CONCEPT PLAN PREPA" FM o�' �g �E€ .
o P TAYKimley>»Horn
LOR MORRISON�®€d
dPea;
CITY OF ANNA
PLANNING & ZONING COMMISSION
April 4, 2022
Public Hearing: Zoning — Anna Town Center, Block A, Lot 5R
Applicant: Brian Bischoff / Q Seminole Anna Town Center, LP
DESCRIPTION:
Request to amend existing multiple -family residence development standards on 14.9±
acres located on the east side of Throckmorton Boulevard, 38± feet south of Hackberry
Drive. Zoned Planned Development (Ord. No. 648-2014).
REMARKS:
The use of multiple -family residences is currently permitted by -right on the property
however the existing Planned Development design standards were specific to a
multifamily layout that was considered when the initial zoning request was approved in
2014. The applicant is requesting to amend the existing multiple -family zoning standards
in order to allow for a layout that would support single -story, one- and two -bedroom unit
buildings.
A Planned Development (PD) district is intended to provide for combining and mixing of
uses allowed in various districts with appropriate regulations and to permit flexibility in the
use and design of land and buildings in situations where modification of specific
provisions of this article is not contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based and will not be harmful to the
community. A PD district may be used to permit new and innovative concepts in land
utilization. While great flexibility is given to provide special restrictions which will allow
development not otherwise permitted, procedures are established herein to insure against
misuse of the increased flexibility.
Surrounding Land Uses and Zoning
North
Undeveloped land zoned Planned Development -Restricted Commercial (PD-
C-1) Ord. No. 506-2010 and municipal property (water tower) zoned Planned
Development -General Commercial PD-C-2 Ord. No. 648-2014.
East
Undeveloped land zoned Planned Development -Restricted Commercial (PD-
C-1) Ord. No. 506-2010 and undeveloped park land zoned Planned
Development -Residential PD-R-1 Ord. No. 2001-10.
South
Undeveloped land zoned Planned Development -General Commercial (PD-C-
2) Ord. No. 648-2014.
West
Undeveloped land zoned Planned Development -General Commercial (PD-C-
2) Ord. No. 648-2014.
ZONING - ANNA TOWN CENTER, BL A, LT 5 PAGE 1 OF 4
Proposed Planned Development Stipulations
The requested zoning is PD-MF-2. This Planned Development is to allow for multiple -
family residence development constructed with single -story, one- and two -bedroom unit
buildings.
Design Standards - The language in the proposed PD district would allow for modified
development standards associated with the multiple -family residence development.
Parking — Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance require a
minimum of 2 parking spaces per dwelling unit for multiple -family dwellings, plus 0.25
spaces per dwelling unit for visitor parking. Additionally, 75% of the required parking is
required to be covered.
The applicant is proposing:
➢ 1.5 parking spaces per one bedroom unit and 2 parking spaces per two -bedroom
unit.
➢ 50% of required parking must be covered (Garage or Carport)
➢ Detached covered parking may be constructed of steel and shall be integrated
into the overall site design so as to blend with the main buildings of the HML
development.
Screening fence — The MF-2 zoning requires border fencing of masonry construction no
less than eight feet in height be installed along the property line on any perimeter not
abutting a public street -right-of-way, however, no fence shall exceed three feet height in
the required front yard in any district.
The applicant is requesting to allow
➢ An 8' masonry fence within the front yard setback but no closer than 20 feet of an
abutting public street right-of-way;
➢ Minimum 6' iron fencing along the eastern property line which is city -owned land;
and
Fences for individual units within the front yard setback adjacent to Throckmorton
Boulevard
Refuse Facilities — The Zoning Ordinance requires every dwelling unit in a multifamily
complex to be located within 250 feet of a refuse facility
➢ The applicant is requesting to increase that distance to 500 feet.
SUMMARY:
ZONING - ANNA TOWN CENTER, BL A, LT 5 PAGE 2 OF 4
Request to amend existing multiple -family residence development standards on 14.9±
acres located on the east side of Throckmorton Boulevard, 38± feet south of Hackberry
Drive. The proposed zoning and concept plan are in conformance with elements of the
City of Anna Strategic Plan and Comprehensive Plan. The multiple -family residence land
use is currently allowed by -right on the property.
RECOMMENDATION:
Below are recommended restrictions if the Commission votes in favor of the request:
Restrictions:
Development of the Property shall comply with the following development standards
provided below. The site may be developed under:
Development Scenario A
Shall comply with Ordinance No. 648-2014 with the C-2/MF use for the subject site; or,
Development Scenario B
Shall comply with the City of Anna Zoning Ordinance utilizing "MF-2" Multiple -Family
Residential — High Density base zoning with the concept plan and variances listed below.
1. Standards and Area Regulations: 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
Multiple -Family Residential - High Density (MF-2) zoning district and the Planning
and Development Regulations except as otherwise specified herein.
a. Rear yard setback: 20 feet
b. Lot Depth: Average 120 feet
C. A building separation of ten (10) feet shall be provided between HML
structures. Separation between accessory structures (garages & covered
parking structures) shall be a minimum of 8 feet (face of building to face of
building, not including eaves).
d. Parking:
i. 1.5 parking spaces per one bedroom unit and 2 parking spaces per
two -bedroom unit.
ii. Detached covered parking may be constructed of steel and shall be
integrated into the overall site design so as to blend with the main
buildings of the HML development.
ZONING - ANNA TOWN CENTER, BL A, LT 5 PAGE 3 OF 4
iii. 50% of required parking must be covered (Garage or Carport)
e. Screening/Fencing:
i. An 8' masonry fence maybe constructed along the property line and
within front yard setback but shall be located no closer than 20 feet
to an abutting public street right-of-way.
ii. Minimum 6' Iron fencing is permitted along the eastern property line.
iii. Fences for individual units are permitted within the front yard setback
adjacent to Throckmorton Boulevard but shall be located no closer
than 20 feet to the abutting public street right-of-way.
f. Refuse facilities: Every dwelling unit shall be located within five hundred
(500) feet of a refuse facility.
2. Tree Preservation Plan - Tree Survey:
The developer may elect to provide a tree inventory utilizing a sampling method
for the site. The sampling may be 10% of the overall forested area. The sampling
method will utilize 1 /10th acre, circular plots, distributed across the forested areas,
where trees are measured and recorded per the city tree preservation ordinance.
3. In the event of a conflict for between the provisions of these regulations and other
exhibits to this ordinance, the provisions above control.
ZONING - ANNA TOWN CENTER, BL A, LT 5 PAGE 4 OF 4
,
t
11�
r$!" � '7�1 �i�y1LLpp[LGYii{i►►flwwiY1l1
a .� it SY.. �lfY1C�M�7
• 1
�MOW w"
Im
JMM1_
• �� ' "
- _ 9.c LY47 L1Ec I aAn7
PW
Subject
'
Y F
• efi%ft_r U.8 OIIOi.dri '
ailAffid
11
• �nc1 ��.r • a�IBr Boundary
0 250 600