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Home My WebLink AboutOrd 975-2022 Zoning Dreamville AnnaCITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located on the west side of State Highway 5, 240± feet north of County Road 423) ORDINANCE NO. A7Jr - oZ.bQa_ 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 Anna Town Center Mixed Use, LLC 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 west side of State Highway 5, 240± feet north of County Road 423 was zoned by Ordinance No. 631-2013 and Ord. No. 692-2015; 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 amendment is to amend the allowed number of building stories to facilitate the development of high -quality Multiple -Family Residential - High Density District. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A) and as delineated on the Tract map contained within Ord. No. 631-2013. B. 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 MF-2 Multiple - Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as modified per Ord. No. 692-2015 and Ord. No. 631- 2013 and as otherwise specified herein. Maximum height: Buildings shall be a maximum of four (4) stories, not to exceed forty-four (44) feet in height. Chimneys, antennae, and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. C. 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. D. 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, F 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 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. ATTESTED: APPROVED: Carrie L. Land, City Secretary _ gate Pike, Mayor TEX, ST. LOUIS ST. CHARLES DALLAS PHOENIX 152ei110hStreet S175 Street 2701 elbarkRoad EXHIBIT1 Cole" 401S.Ramearrt.Suite2nUn 4015. 181h Street. Suite 200 St. Louis, MO 3 Suite 307 St. Charles, 03 ite367 Suite 972.624.6000ter ite17S Suite 175 Phoenix, 111 314.984.98871N e36.978.7SOBher 602.7 5.45034 tel 22-003710.961 ACRE TRACT PROPERTY DESCRIPTION: BEING A TRACT OF LAND SITUATED IN THE GANDERSON STARK SURVEY, ABSTRACT NO. 798, SAME BEING THE SAME TRACT OF LAND DESCRIBED IN DEED TO ANNA VILLAGE, LLC, AS RECORDED IN INSTRUMENT NO. 20131016001427770, DEED RECORDS COLLIN COUNTY, TEXAS(D.R.C.C.T.), AS SHOWN ON THIS SURVEY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH PINK -CAPPED IRON ROD FOUND FOR CORNER ON THE WEST RIGHT-OF-WAY LINE OF S. POWELL PARKWAY,IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO JOE A. GREER, JR. AND BECKY GREER, INSTRUMENT NO. 20020213000229590, D.R.C.C.T., AND BEING THE SOUTHEAST CORNER OF SAID ANNA VILLAGE, LLC TRACT; THENCE SOUTH 89 DEGREES 04 MINUTES 56 SECONDS WEST, A DISTANCE OF 926.99 FEET TO A 5/8-INCH IRON ROD FOUND FOR CORNER BEING THE SOUTHWEST CORNER OF SAID ANNA VILLAGE LLC TRACT; THENCE NORTH 04 DEGREES 08 MINUTES 01 SECONDS WEST, A DISTANCE OF 310.46 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER BEING THE NORTHEAST CORNER OF SAID GREER TRACT, ALSO BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO ANNA 21 LLC, AS RECORDED IN INSTRUMENT NO. 20191101001387120, D.R.C.C.T.; THENCE NORTH 04 DEGREES 21 MINUTES 44 SECONDS EAST, A DISTANCE OF 220.21 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER BEING THE NORTHWEST CORNER OF SAID ANNA VILLAGE LLC TRACT; THENCE NORTH 88 DEGREES 12 MINUTES 12 SECONDS EAST, A DISTANCE OF 234.47 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; THENCE SOUTH 89 DEGREES 28 MINUTES 50 SECONDS EAST, A DISTANCE OF 154.09 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER BEING ON THE SOUTH LINE OF SAID ANNA 21 LLC TRACT; THENCE SOUTH 86 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE OF 286.88 FEET TO A 5/8 INCH YELLOW -CAPPED IRON ROD FOUND FOR CORNER BEING ON THE SOUTH LINE OF SAID ANNA 21 LLC TRACT; THENCE SOUTH 80 DEGREES 47 MINUTES 11 SECONDS EAST, A DISTANCE OF 167.66 FEET TO A 5/8 INCH YELLOW -CAPPED IRON ROD FOUND FOR CORNER BEING THE CIVIL ENGINEERING / SURVEYING / PLANNING I LANDSCAPE ARCHITECTURE /GIS/ ADA TRANSITION PLANNING Cole & Associates, Inc. is a Missouri Corporation d.b.a. Cole Design Group, Inc. in Arizona and Texas, herein referred to as "Cole" Texas Board ofPro/essionelLend Surveying Corporate Registration #10193871 Texas Board ofPro/essional Engineers Registration gF-10153 Page 2 EXHIBIT 1 cont. NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO US AUTO TRANSMISSIONS, AS RECORDED IN VOLUME 5924, PAGE 184, D.R.C.C.T.; THENCE SOUTH 02 DEGREES 35 MINUTES 00 SECONDS WEST, A DISTANCE OF 100.00 FEET TO A 5/8 INCH YELLOW -CAPPED IRON ROD FOUND FOR CORNER BEING THE SOUTHWEST CORNER OF THE SAID US AUTO TRANSMISSIONS TRACT; THENCE SOUTH 80 DEGREES 17 MINUTES 32 SECONDS EAST, A DISTANCE OF 124.83 FEET TO A 5/8 INCH PINK -CAPPED IRON ROD FOUND FOR CORNER BEING ON THE WEST RIGHT-OF-WAY LINE OF SAID S. POWELL PARKWAY; THENCE SOUTH 02 DEGREES 39 MINUTES 17 SECONDS WEST, A DISTANCE OF 14.83 FEET TO A POINT FOR CORNER; THENCE SOUTH 06 DEGREES 26 MINUTES 39 SECONDS WEST, A DISTANCE OF 150.33 FEET TO A POINT FOR CORNER; THENCE SOUTH 02 DEGREES 37 MINUTES 48 SECONDS WEST, A DISTANCE OF 191.69 FEET TO THE PLACE OF BEGINNING AND CONTAINING 10.961 ACRES OF LAND, MORE OR LESS. '15-ANIEL L. JACKSIN REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS NO. 5577 EMAIL: LJACKSONACOLETX.COM PROJECT NO.22-0037 CIVIL ENGINEERING / SURVEYING / PLANNING / LANDSCAPE ARCHITECTURE �y q�►' d ., �' �� '! � yR ��ry�1 � 1 \ b ��h� � Y1 �r��J )Si ➢� .1"� j r r � � � � .. ... �� In �10%M e ►w a`„' 'vi ' �; ,m q3'� 7\ , ro-. �.� ��' rz r � � A 121M ■ .":'°Ills ■ o n s� ! 1�1�1� 111�111aA ::1■'_11 J1 • fiil�7 fi fib A orr- - .-- CITY OF ANNA PLANNING & ZONING COMMISSION April 4, 2022 Public Hearing: Modify existing Planned Development zoning Applicant: Anna Village, LLC DESCRIPTION: Request to modify existing Planned Development zoning standards for multiple -family residence development on one lot on 11.0± acres located on the west side of State Highway 5, 240± feet north of County Road 423. Zoned: Planned Development (Ord. No. 692-2015 and Ord. No. 631-2013). HISTORY: The subject property was initially zoned in August 2013 as a Planned Development to allow for restricted Commercial (C-1) on Tract A and Apartments with modified development standards on Tract B (Ord. No. 631-2013). The Planned Development was amended in June 2015 (Ord. No. 692-2015) to modify the apartment development standards pertaining to the front yard setback and maximum height in feet. • Front ,yard. The front setback (the area between the apartment tract and commercial tract) was reduced to zero (0) when the area is to be used as garage that backs to commercial tract and acts as a perimeter. • Maximum Height. The maximum building height was increased from forty (40) feet to forty-four (44 feet) while maintaining a maximum allowance of three (3) stories. REMARKS: The applicant is requesting to modify the number of allowed building stories for apartments. The proposed modification would allow four (4) story buildings, not to exceed forty-four (44) feet in height. 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 Vacant land zoned Planned Development to facilitate Multiple -Family Residential — High Density (Waterview apartments - Ord. No. 843-2020 & Ord. No. 908-2021) and pre-existing non -conforming automotive repair, major business zoned SF-E Single - Family Residential — Large Lot. East Across State Highway 5, vacant tract and single-family dwelling, detached zoned SF- E Single -Family Residential — Large Lot. South Single-family dwelling, detached zoned SF-E Single -Family Residential — Large Lot. West Single-family dwelling, detached zoned SF-E Single -Family Residential — Large Lot and vacant land zoned Planned Development to facilitate Multiple -Family Residential — High Density Waterview apartments - Ord. No. 843-2020 & Ord. No. 908-2021 . ISSUES: The current Planned Development zoning allows for apartment dwellings with a maximum height of three (3) stories, not to exceed forty-four (44) feet. The applicant's request maintains the current height allowance of forty-four (44) feet but increased the allowed number of stories to four (4). SUMMARY: The multiple -family residence land use is currently allowed by -right on the property. The applicant's request is to allow for a four (4) story product while maintaining the maximum height allowed of forty-four (44) feet. The request modification will not increase the maximum density allowance of twenty-five (25) units per gross acre. ZONING - DREAMVILLE ANNA PAGE 2 OF 3 RECOMMENDATION: Below are recommended restrictions if the Commission votes in favor of the request: Restrictions: 1. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A) and as delineated on the Tract map contained within Ord. No. 631-2013. 2. 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 MF-2 Multiple -Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as modified per Ord. No. 692-2015 and Ord. No. 631-2013 and as otherwise specified herein. Maximum height: Buildings shall be a maximum of four (4) stories, not to exceed forty-four (44) feet in height. Chimneys, antennae, and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. 3. 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. 4. The Conceptual Development Plan will expire after two (2) years of approval. ZONING - DREAMVILLE ANNA PAGE 3 OF 3