HomeMy WebLinkAboutOrd 978-2022 Zoning Villages of Waters CreekCITY OF ANNA, TEXAS
(Villages of Waters Creek; located on the south side of W. White Street, 1,315± feet west
of Oak Hollow Lane)
ORDINANCE NO.9 2 1 - am -"a
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S 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 request to amend the zoning and development regulations in
Ordinance No. 861-2020 from Anna 51 Joint Venture LP as described in Exhibit A and shown in
Exhibit B (the "Property") attached hereto and incorporated herein for all purposes as if set forth
in full; 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.
(Deletions of certain Zoning Ordinance provisions that are not applicable are indicated below in
stFekethrtext).
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 Ordinance Amended
Restrictions:
1. The location of the planned development zoning district shall be in substantial conformance
as delineated on the Tract map (Exhibit B) and with the Concept Plan (Exhibit C).
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. 861-2020 and as otherwise specified herein.
Parking:
Parking: Detached Single -dwelling and two -dwelling buildings: 2 parking spaces per
unit
Covered Parking: 50% of the required parking must be covered.
Visitor Parking: 0.25 spaces per unit
Site Boundary: Refer to Exhibit B and Exhibit C to see new site boundary of
Ordinance No. 861-2020
Maximum Height: 4 story buildings shall be located no closer than 250 3W feet
from any lot zoned for a single-family residence
Al•Anned developmont rli�trint
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.
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
2
consi
stent 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 24th day of May 2022.
ATTESTED: APPROVED:
OF 4
•
•
Carrie L. Land, City Secretary = NcVE� Pike, Mayor
3
EXHIBIT A
BEING that certain tract of land situated in the Thomas Rattan Survey, Abstract Number 782, Collin
County, Texas and being all of those tracts of land to Anna 51 Joint Venture L.P. (A Limited Partnership)
recorded in Instrument Number 20150120000064460 herein after referred to as Tract 1 and
20200909001518080 herein after referred to as Tract 2, of the Official Public Records of Collin County,
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of said Tract 2, being the southwest corner of a tract of land to Oak
Hollow Estates Phase 3 recorded in Volume 5535, Page 4805 and being in the north line of a tract of land
to Oak Hollow Estates Phase 6 recorded in Instrument Number 20140423010001240 of said County
Records;
THENCE S 880 38' 11" W, 260.79 feet to the southwest corner of said Tract 2 and being the southeast
corner of said Tract 1;
THENCE continuing with the south line of said Tract 1 the following bearings and distances:
S 88° 50' S7" W, 176.39 feet;
S 88° 36' 07" W, 270.58 feet;
S 88- 30' 03" W, 442.69 feet to the southwest corner of said Tract 1 and being in the east line of
a tract of land to Caalms Group LLC (A Limited Liability Company) recorded in Instrument
Number 20180904001111350 known as Tract 6 of said County Records;
THENCE N 020 26' 41" W, 1,507.32 feet to the northeast corner of said Caalms Tract and being the
southeast corner of a tract of land to Anna Retail Addition Block A recorded in Volume 6024, Page 4397
of said County Records;
THENCE N 02° 44' S7" W, 1,023.96 feet to the northwest corner of said Tract 1, being in the south right-
of-way line of Farm -to -Market Road 455 (a variable width right-of-way) and being the beginning of a
non -tangent curve to the left;
THENCE along the common line of said south right-of-way line of said F.M. 455 and the north line of said
Tract 1 and said Tract 2 the following bearings and distances:
With said non -tangent curve to the left, an arc distance of 212.81 feet, through a central angle
of 30' 37' 41", having a radius of 398.10 feet, and a long chord which bears S 63' 28' 02" E,
210.28 feet;
S 78' 46' 52" E, 171.20 feet to the beginning of a curve to the left;
With said curve to the left, an arc distance of 282.66 feet, through a central angle of 210 25' 00",
having a radius of 756.20 feet, and a long chord which bears S 89' 29' 22" E, 281.02 feet;
N 79° 48' 10" E, 321.52 feet;
N 78° 10' 39" E, 75.59 feet to the beginning of a non -tangent curve to the right;
With said non -tangent curve to the right, an arc distance of 183.88 feet, through a central angle
of 05° 38' 04", having a radius of 1,869.86 feet, and a long chord which bears N 820 39' 48" E,
183.81 feet to the northeast corner of said Tract 2;
THENCE S 010 14' S1" E, 2,467.52 feet to the POINT OF BEGINNING and containing 2,850,071 square feet
or 65.429 acres more or less.
... ....... ........
EXHIBIT B ......
....................
i.M. 4 5 5 (wksT WHITE ST)
all. — --------
IN
TRACT A
a-
—.A�
C-1
21.90 AC.
------------
N
CURRENT ZONING:
PD667-2014 TRACT A CD
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& PD129A-2004 C-1
TRACT A PROPOSED ZONING PD
C-1 (C-1, MF-2, SF-60)
TRACT B
MF-2
19.48 AC.
TRACT A
C-1
TRACT C
SF-60 -law- 1,
24.03 AC.
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TRACT A -2w-
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PROJECT NO. CCR20001
DRAWNBY mm_ OWNER PLANNER I ENGINEER TKE VILLAGES ATWATERS CREEK
PELOTON LAND ZONING EXHIBIT
REVMV*DBY OAK ANNA 51 JOINT VENTURE LP SOLUTIONS. INC
FILE PATH P.WSERS%DK%DCvANNA 6SCONCEFrr PLAN
DATE MARCH 4.2020 NORTH 7= CLUSLAXE TRAIL. BEING A 65 ACRE TRACT IN THE 9N
1 %000 FRISCO STREET THE THOMAS TO
SURVEY A07aZ
DATE REVISIONS MCKO(NEY. TX 75M SUffE4W
CONTACT: DON COLLINS FRISCO. TEXAS ?WU SITUATED IN CITY OF MNA. COLLIN
MOONE:46114113.1= COUNTY. TEXAS
=Jl &W.CbCKE�JL CONTACT, DAVID KALHOUER
EXHIBIT C
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April 2022
CITY OF ANNA
PLANNING & ZONING COMMISSION
May 2, 2022
Public Hearing: Modify existing Planned Development zoning
Applicant: Anna 51 Joint Venture LP
DESCRIPTION:
Request to amend the zoning tract map and adopted multiple -family residence
development standards on one lot on 65± acres located on the south side of W. White
Street, 1,315± feet west of Oak Hollow Lane. The property is currently zoned Planned
Development-C-1 Restricted Commercial/MF-2 Multiple -Family Residential — High
Density/SF-60 Single -Family Residence District (Ord. No. 861-2020).
HISTORY:
The subject property was rezoned in June 2020 as a
Planned Development to allow for commercial uses with
modified development standards on Tract A, multiple -
family dwellings with modified development standards on
Tract B and Detached Single -Family Residential (SF-60)
with modified development standards on Tract C (Ord. No.
861-2020). The zoning tract map (right) and the Concept
Plan (next page) illustrate the Planned Development
zoning.
In January 2022, the final plat for Persimmon Drive (below)
was approved (Res. No. 2022-01-1087). The purpose of
the final plat was to dedicate the right-of-way for
Persimmon Drive to extend from Oak Hollow, Phase 4 to
W. White Street. This right -of way will be the eastern
property boundary of the multiple -family residences lot.
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ZONING -VILLAGES OF WATERS CREEK PAGE 2 OF 5
REMARKS:
The applicant is requesting to modify the zoning tract map to increase the MF-2 area and
reduce the covered parking.
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.
Surroundinq Land Uses and Zoninq
North
Across West White Street (FM 455), single-family detached subdivision zoned
Planned Develo ment-2001-10 PD-2001-10 Creekside Phase 1
East
Single-family, detached subdivision zoned Planned Development-2000-07
(PD-2000-07) [Oak Hollow Estates Phase 4] and tire dealer and self-
storage/mini-warehouse uses zoned Planned Development-2008-367 (PD-
2008-367
South
Single-family, detached subdivision zoned Planned-Development-2003-50
PD-2003-50 Oak Hollow Estates Phase 6A
West
Vacant land zoned General Commercial (C-2), Planned Development-972-
2022 PD-972-2022 , and Planned Develo ment-2003-107 PD-2003-107
Proposed Planned Development Amendment:
The current Planned Development zoning and Concept Plan allows for multiple -family
dwellings. The applicant's request increases the size of the area for the multiple -family
dwellings (Tract B) and reduces the amount of covered parking required.
Tract Map — The applicant is requesting to amend/increase the acreage of the multiple -
family tract from 18.44± acres to 19.48± acres to allow for additional multi -family dwelling
unit types. The area being removed from the single-family tract would have been open
space owned and maintained by the single-family property owners. The updated concept
plan illustrates a hike and bike trail, which is part of the Parks Master Plan and a
requirement of the zoning, while also providing parking outside of the gated area adjacent
to the trail head.
Parking - Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires
75% of the required parking is required to be covered.
➢ The applicant is requesting to reduce the required covered parking 75% to 50%.
ZONING - VILLAGES OF WATERS CREEK PAGE 3 OF 5
Maximum Height (Scrivener's Error)
The current zoning (Ord. No. 861-2020) states that a four-story multiple -family dwelling
building shall not be located closer than 300 feet from any single-family residence outside
of the planned development. However, as represented by the applicant, identified and
labeled on the approved concept plan and written in the previous zoning staff report, four-
story building separation was to be 250 feet from any single-family detached property.
The ordinance as currently written, would allow a four-story building on the multiple -family
tract to be setback only 60 feet from the proposed single-family residence lots (SF-60)
within the planned development district.
Staff recommends modifying the maximum height to meet the intent of the original
zoning as follows:
Maximum Height: 4 story buildings shall be located no closer than 250 WO
feet from any lot zoned for a single-family residence
SUMMARY:
Request to amend the zoning tract map and adopted multiple -family residence
development standards on one lot on 65± acres located on the south side of W. White
Street, 1,315± feet west of Oak Hollow Lane. The property is currently zoned Planned
Development-C-1 Restricted Commercial/MF-2 Multiple -Family Residential — High
Density/SF-60 Single -Family Residence District (Ord. No. 861-2020).
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 as delineated on the Tract map (Exhibit B) and with the Concept Plan
(Exhibit C).
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. 861-2020
and as otherwise specified herein.
Parking:
Parking: Detached Single -dwelling and two -dwelling buildings: 2 parking
spaces per unit
ZONING - VILLAGES OF WATERS CREEK PAGE 4 OF 5
Covered Parking: 50% of the required parking must be covered.
Visitor Parking: 0.25 spaces per unit
Site Boundary: Refer to Exhibit B and Exhibit C to see new site boundary
within of Ordinance No. 861-2020
Maximum Height: 4 story buildings shall be located no closer than 250 3A8
feet from any lot zoned for a single-family residence
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 -VILLAGES OF WATERS CREEK PAGE 5 OF 5
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the south side of West
White Street [F.M. 455]11,293± feet west of Oak Hollow Lane)
ORDINANCE NO. ?t,1 -,9090
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 south side of West White Street
[F.M. 455], 1,2931 -feet west of Oak Hollow Lane is being rezoned from Planned Development-
129A-2004 and Planned Development-667-2014 to Planned Development -Restricted Business
District/Multiple-family -- High Density/Single-Family Residential District (PD-C-1 /MF-2/SF-60) on
65.0t 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 Planned
Development-129A-2004 and Planned Development-667-2014 to create a new concept plan, as
depicted in the Concept Plan on the attached Exhibit B and the zoning tract map on the attached
Exhibit C.
n�\,
1. Purpose.
The purpose of this Planned Development District is to facilitate the development of high -
quality development along West White Street. Within this District are permitted certain retail,
service, office, and residential uses.
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.
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 C-1 Restricted Commercial, MF-2 Multiple -Family
Residential - High Density, and SF-60 Single -Family Residence zoning districts except as
otherwise specified herein.
a. C-1 Restricted Commercial
1. Permitted Uses by -right
A. Child-care center
B. Nursery school, kindergarten
2. Prohibited Uses in Block A, Lot 2;
A. Auto parts sales
B. Auto repair, minor
C. Automobile service station
D. Bakery and confectionery, Commercial
E. Bed and Breakfast Facility
2
F. Boarding or rooming house
G. Bowling Alley
H. Building materials hardware
I. Car wash
J. Civic Center
K. Cleaning and dyeing, small shop
L. Community Center, private
M. Community Center, public
N. Construction yard
O. Convenience store
P. Discount, variety or department store
Q. Electrical substation
R. Feed and farm supply
S. Food and beverage store
T. Food and beverage store
U. Food store, grocery store
V. Fraternal Organization
W. Furniture and appliance store
X. Furniture, appliance store (outside storage)
Y. Gas Metering station
Z. Hotel
AA. Motor,motor hotel,motor lodge
BB. Motorcylcle sales and service
CC. Park, playground or rec. center (public)
DD. Parking Lot or parking garage
EE. Pet Shop
FF. Private clubs
GG. Quick oil change facility
HH. Quick tune-up facility
II. Registered family home
JJ. Residence hotel
KK. Rest home or nursing home
3
LL. Restaurant or cafeteria
MM. Retail Ice and Dispensed Water sales
NN. School, private (primary and/or secondary)
00. School, public (primary and/or secondary)
PP. School, trade or commercial
QQ. Servant's, caretaker's, or guard's residence
RR. Service yard of government agency
SS.
Shopping center
TT.
Stadium or playfield
UU.
Swimming pool
W.
Taxidermist
WW. Telephone exchange
XX. Theater (indoor)
YY. Tire Dealer
3. Front yard setback: 20 feet
4. Maximum height: 35 feet (1 story)
5. Maximum lot coverage: 45%
6. Point of access: Two points of vehicular access for Lot 2, Block B shall be
allowed through Lot 1, Block B as shown on the approved concept plan.
7. Block A, Lot 2 shall provide a minimum 20-foot landscape buffer along the
eastern property boundary shared with the Oak Hollow Estates residential
subdivision.
b. MF-2 Multiple -Family Residential - High Density
1. Maximum Height: 4 story / 65 feet
A. 4 story buildings shall be located no closer than 300 feet from any single-
family residence zoning not included within this planned development
district.
2. Maximum Number of Units: 325
3. Minimum usable open space: 20% of the MF-2 development area
A. The 100-year food plain shall not count towards open space.
4
B. One open space area shall be at least twenty thousand (20,000) square
feet in size with a minimum dimension of fifty (50) feet and must have no
slope greater than ten (10) percent.
C. One amenity center and pool.
D. A hike & bike trail along the creek outside of the proposed fence.
E. Remaining areas to count towards open space shall be at least 8,000
square feet in size with a minimum dimension of 15 feet.
F. Three square feet may be applied for each square foot utilized for
swimming pools and adjacent decks, patios, or lounge areas within 10
feet of a pool; developed and equipped children's play areas; and
usable portions of recreational buildings.
4. Parking:
A. 1 space / Studio & 1 bedroom units
B. 2 spaces / 2 & 3 bedroom units
5. Screening: Boarder fencing of masonry construction of not less than eight feet
in height shall be installed along the property line on any perimeter not abutting
a creek, public street, right-of-way or other various forms of open space.
6. Design Standards (Multiple -Family Residence):
A. Masonry (Brick/Rock veneer): Eighty (80) percent for the first three
stories, and Seventy (70) percent for the fourth story.
B. Screening Requirements: Various forms of border fencing shall be
permitted and approved upon submittal of site plan and/or construction
plans. Any masonry wall or metal fence may be a minimum of six (6') feet
but no higher than eight (8') feet and shall be installed at the time of
construction, along the property line of any perimeter not abutting a creek,
public street or right-of-way and other various forms of open space. The
fence shall be maintained throughout the existence of the multi family
complex by the owner of the complex. The options for such fences are
outlined below:
i. A solid masonry screen wall with columns every fifty (50') feet.
ii. A screen wall consisting of masonry and ornamental metal fencing. A
minimum of 50% of the wall shall be masonry.
F
iii. A screen wall consisting of ornamental metal fence and an
evergreen living screen. Plant material shall be a minimum of three
(T) feet at the time of planting.
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.
c. SF-60 Single -Family Residence
1. Minimum side yard, interior setback: 5 feet
2. Minimum rear yard setback: 20 feet
3. Minimum lot width: 50 feet; or 45 feet at cul-de-sac or elbow
4. Maximum lot coverage: 50%
5. Lots backing to open space: Fences along the rear lot line shall be ornamental
metal and not less than fifty-four (54") inches tall.
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.
N
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 23rd day of June, 2020.
ATTESTED:
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Carrie L. Land, City Secretary
Pike, Mayor
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CITY OF ANNA
CITY COUNCIL
June 23, 2019
Applicant: David Kalhoefer, Peloton Land Solutions & Don Collins
DESCRIPTION:
Request to rezone 65.0t acres located on the south side of West White Street 1,293±
feet west of Oak Hollow Lane in order to amend existing planned development standards.
Zoned: Planned Development-129A-2004 and Planned Development-667-2014. This
item was tabled at the May 4, 2020 Planning & Zoning Commission meeting and
recommended for approval at the June 1, 2020 Planning & Zoning Commission meeting.
REMARKS:
The applicant is requesting to amend the existing zoning to modify the locations and
development standards associated with the allowed land uses granted under the existing
zoning.
The subject property is currently undeveloped. A concept plan (Exhibit B) accompanies
this request.
History
The zoning request involves two tracts of land. Planned Development-667-2014 is a 51-
acre tract that was a portion of the 117 acres Harlow Trust tract annexation and zoned
Single-family residential district (SF-60) in May 2003. The concept plan showed a
neighborhood park and 139 residential lots to be called Park Place. The tract was
rezoned in August 2014 to the current Planned Development called Villages of Park
Place. The planned development allowed for a mixture of commercial, multiple family
residences (up to 250 units), single-family dwellings, attached under the Townhome
District (SF-TH) requirements, and/or Single-family Residence District — Zero Lot Line
Homes (SF-Z).
Planned Development- 1 29A-2004 is a 14-acre tract called the Purser Tract and was
annexed into the city in September 2003. The property was zoned in March 2004 to the
current Planned Development with General Business District along West White Street.
City Council added a stipulation to the request which restricted the commercial section to
match the property boundary of the commercial portion within the Oak Hollow planned
development (present-day Advantage Storage located at 2211 W White Street) with the
remainder to be zoned Agricultural District.
Neither tract has been developed.
Page 77 of 180
Surrounding Land Uses and Zoninq
North
Across West White Street (FM 455), single-family detached subdivision zoned
Planned Develo ment-2001-10 PD-2001-10 Creekside Phase 1
East
Single-family, detached subdivision zoned Planned Development-2000-07
(PD-2000-07) [Oak Hollow Estates Phase 4] and tire dealer and self-
storage/mini-warehouse uses zoned Planned Development-2008-367 (PD-
2008-367
South
Single-family, detached subdivision zoned Planned-Development-2003-50
PD-2003-50 Oak Hollow Estates Phase 6A
West
Vacant land zoned Commercial (C-1) and Planned Development-2003-107
PD-2003-107
Proposed Planned Development Stipulations_
The requested zoning is PD-C-1/MF-2/SF-60. This Planned Development is proposed
as a multi -use development that transitions the uses adjacent to the existing residential
subdivisions and commercial businesses. There are two primary parts to this request:
land use and design standards.
Land Use - The applicant is proposing to rezone the subject property to allow for a mix
of single-family and multiple family uses and nonresidential uses.
Design Standards - The language in the proposed PD district would allow this site to be
developed with a mix of residential and nonresidential uses oriented along a central street
with required open space, and modified development standards.
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2034
a. Principle 3: Beautiful Community
i. Preserve natural areas/open space
b. Principle 5: Great Housing Opportunities
i. Diverse housing choices for all family generations: small lots,
townhomes, estate homes, "ranchette", apartments, mixed -use
development.
ii. Safe, well -design, well -maintained multi -family rental housing.
a. Principle 6: Dynamic Business Community
AGENDA ITEM (0612312020)
PAGE 2 OF 11
Page 78 of 180
i. Attractive commercial centers with well -designed and well -
maintained landscaping.
ii. Ability of neighbors to work in Anna.
City of Anna Goals for 2024
a. Growing Anna Economy
i. Expand the commercial tax base
ii. More jobs for neighbors
ill. Expand retail businesses
b. Sustainable Anna Community Through Planned, Managed Growth
Having new buildings and homes that are attractive and using the
appropriate building materials and meeting City's architectural
standards.
ii. Having a range of housing choice available in Anna.
c. Anna — A Great Place to Live
i. Increase the number of "family -oriented" restaurants
ii. Increase the number of retail businesses
Future Land Use Plan — The Future
Land Use Plan designates this
property as Commercial (red), Single -
Family (yellow) and Parks (green).
Commercial is land or buildings where
merchandise or services are offered
for sale. The primary purpose of the
land is to provide a location for
displaying merchandise or
communicating services in a manner
that enhances the convenient retail
sale of goods and services. The role of
commercial activity in the city is to
provide convenient and available
retail, service, and office opportunities
to residents of the Anna market area.
Commercial activity provides return on
investment for business and property owners, employment opportunities for local
residents (neighbors), and an economic base for local taxing entities. Commercial activity
AGENDA ITEM (06123/2020)
PAGE 3 OF 11
Page 79 of 180
generally supports community residential activity, but certain aspects of the retail, service,
and office uses such as big -box retail, and service and office headquarters may be more
regionally oriented and act as basic elements of the economy.
Parks are land devoted to active or passive recreation, or preservation of open space,
natural beauty, or environmentally sensitive lands. Locally significant park and
pedestrian/open space opportunities exist in Anna. Additional recreational development
with a better distribution into all areas of the City is needed.
Residential. Land on which there exists one or more dwelling units, including accessory
buildings; the primary use being for sheltering individuals, families, or groups of persons.
Single-family includes those permanent structures, which were originally designed to
provide housing for one family unit.
ISSUES:
Multiple -Family residence height:
As part of the zoning modification the applicant is proposing a four (4) story multi family
residence product, not to exceed sixty-five (65 feet). The existing zoning allows for three
(3) stories, not to exceed forty-five (45) feet allowing projections not used for human
occupancy to extend five (5) feet above the 45-foot limitation. To address massing
concerns associated with a four (4) story project the applicant is proposing to restrict the
location of these buildings a distance of 250 feet of any single-family, detached property.
This distance increases to over 525 feet from any existing single-family residence located
within the Oak Hollow subdivisions. Existing zoning for this property would allow three-
story multiple -family residences to be closer to the adjacent residential subdivisions. The
concept plan depicts building 11 as being separated by 394 feet from Oak Hollow Phase
4 properties and building 12 is shown as being over 900 feet away from Oak Hollow Phase
6A properties. The current zoning of this property allows multiple -family residences over
one story to be a minimum of 60 feet from single-family, detached properties. Additionally,
the natural topography of the site lowers in elevation moving west and will further reduce
the impact of the increased height request. The topography and setback distance
between the proposed single-family, detached properties and proposed multiple family
residences will significantly reduce the impact of the increased height.
MUltinle family residence unit count:
The existing zoning allows for a density of 18 units per acre with a maximum of 250 units.
The applicant is requesting to increase the maximum allowance to 325 units. 325 units
for the 18.4t acre tract would be 18 units per acre. Additionally, the applicant has replaced
the currently permitted Single-family Residence District — Zero Lot Line Homes (SF-Z)
and Townhome District (SF TH) with the lower density Single-family Residence District
(SF-60). SF-60 is the base zoning for the Oak Hollow subdivisions.
Preservation of green space.
Concerns about preserving green space should not overstep the vested rights or
regulations in place. Any development of the two tracts will require a tree survey, tree
AGENDA ITEM (06123/2020) PAGE 4 OF 11
Page 80 of 180
replacements, and additional tree requirements as part of the Landscape Regulations
and Tree Preservation Ordinance. The current agricultural zoning of the 14-acre tract
along Oak Hollow Phase 4 currently permits the development of up to 12 single-family
dwelling, detached residences on one -acre lots. Most of the property west of the creek
is not developable as the property boundaries currently exists and will require
coordination with the adjacent property owners. If these areas do develop, they will go
through the development review process. Furthermore, Persimmon Drive in Oak Hollow
Phase 6A was constructed so that it would one day connect to this property.
Due to the slope of the property and location of Throckmorton Creek, the site is very
suitable for preservation and passive open space. The areas identified as open space
east of the creek exceeds the area of the park designation of the Future Land Use Map.
The applicant is proposing a linear greenbelt through Hike & Bike Trail easements along
Throckmorton Creek connecting the future restaurants along West White Street to the
residential lots and create the possibility of future connection to the city -owned, Oak
Hollow Estates Phase 6, Block F, Lot 1X, open space lot.
Commercial zoning and land use - Block A. Lot 2
At the May 4, 2020 Planning & Zoning Commission meeting, Commission members
expressed concerns with the proposed limits of the non-residential zoning for Block A, Lot
2 in addition to the land uses that would be allowed. The Commission identified a City
Council's stipulation from the 2004 zoning case that restricted the limits of the existing
commercial zoning to match the adjacent zoning of the self -storage, mini -warehouse
facility.
The proposed zoning request is considered as a less intense zoning classification due to
the intensity of commercial uses allowed and the limitation on maximum building height
to one story / 25 feet. With input from the Commission, the applicant has modified the
request for Block A, Lot 2 to limit the permitted uses:
Block A, Lot
.,w, w Permittedw
Prohibited
Auto parts sales Accessory building to main use [Accessory]
Auto repair, minor
Amusement, commercial (indoor) w/SUP
Automobile service station
Antique shop
Bakery and confectionery, Commercial
Arcade w/SUP
Bed and Breakfast Facility
Arts, crafts store (inside sales)
Boarding or rooming house
Bakery and confectionery, retail sales
Bowling Alley
Bank, savings and loan, credit union
Building materials hardware
Barber Shop
Car wash w/SUP
Beauty culture school; cosmetology spec.
shop
Civic Center
Beauty shop
Cleaning and dyeing, small shop w/SUP
Child-care center
Community Center, private
Church, rectory, place of worship
AGENDA ITEM (0612312020) PAGE 5 OF 11
Page 81 of 180
Block A, Lot 2
Prohibited sesPermitted
Community Center, public Clinic, medical or dental
Construction yard
Construction yard (temporary) [Accessory]
Convenience store
Continuing care facility
Discount, variety or department store
Custom personal service shop
Electrical substation
Drapery, needlework, or weaving shop
Feed and farm supply
Dwelling units, restricted to a total gross
floor area of 5,000 square feet above the
group floor of a commercial buildings
w/SUP
Food and beverage store
Field or sales office, temporary [Accessory]
Food store, grocery store
Florist
Fraternal Organization
Garage, private [Accessory]
Furniture and appliance store
Garden center (retail sales)
Gas Metering station
General merchandise store
Hotel
Gymnastic or dance studio
Motor,motor hotel,motor lodge
Handcraft shop
Motorcylcle sales and service
Health club; gymnasium
Park, playground or rec. center (public)
Household appliance service and repair
w/SUP
Parking Lot or parking garage
Laboratory, medical or dental w/SUP
Pet Shop
Laundry and cleaning, self-service
Private clubs
Library
Quick oil change facility
Massage therapy facility
Quick tune-up facility
Medical supplies, sales and service w/SUP
Registered family home w/SUP
Metal dealer, crafter precious
Residence hotel
Museum or art gallery
Rest home or nursing home w/SUP
Nursery school, kindergarten
Restaurant or cafeteria
Office center
Retail Ice and Dispensed Water sales
Office, prof. or general administration
School, private (primary and/or
secondary)
Park, playground or rec. center (private)
w/SUP
School, public (primary and/or
secondary)
Personal service shop
School, trade or commercial
Pharmacy
Servant's, caretaker's, or guard's
residence w/SUP
post office, government and private
Service yard of government agency
Print shop w/SUP
Shopping center
Racquetball facilities w/SUP
Stadium or playfield
Retail shops and stores other than listed
AGENDA ITEM (0612312020)
PAGE 6OF11
Page 82 of 180
Block
Prohibited Uses Permitted Uses
Swimming pool Retirement housing w/SUP
Taxidermist
Secondhand store, furniture/clothing
w/SUP
Telephone exchange
Service, retail w/SUP
Theater (indoor)
Studio (photographer, musician, artist)
Tire Dealer
Studio for radio and television
Tanning salon
Veterinarian clinic (no outside pens) w/SUP
Washeteria w/SUP
Wind energy system w/SUP [Accessory]
SUMMARY:
Request to rezone 65.0± acres located on the south side of West White Street 1,293±
feet west of Oak Hollow Lane in order to amend existing planned development standards.
Zoned: Planned Development-129A-2004 and Planned Development-667-2014. The
request is similar to the existing zoning with additional allowance to the number of
multiple family residence units permitted and building height and is in conformance with
the recommendations of the Comprehensive Plan. The. applicant has included
stipulations to create a multi -use development which will allow for appropriate transitions
to the existing and proposed residential subdivisions. For these reasons, staff is in
support of the rezoning request.
RECOMMENDATION:
The Planning & Zoning Commission, at their June 1, 2020 meeting, recommended
approval as follows:
Restrictions:
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 C-1 Restricted
Commercial, MF-2 Multiple -Family Residential - High Density, and SF-60 Single -Family
Residence zoning districts except as otherwise specified herein.
a. C-1 Restricted Commercial
1. Permitted Uses by -right
A. Child-care center
B. Nursery school, kindergarten
AGENDA ITEM (0612312020)
PAGE 7 OF 19
Page 83 of 180
2. Prohibited Uses for Block A, Lot 2;
A.
Auto parts sales
B.
Auto repair, minor
C.
Automobile service station
D.
Bakery and confectionery, Commercial
E.
Bed and Breakfast Facility
F.
Boarding or rooming house
G.
Bowling Alley
H.
Building materials hardware
I.
Car wash
J.
Civic Center
K.
Cleaning and dyeing, small shop
L.
Community Center, private
M.
Community Center, public
N.
Construction yard
O.
Convenience store
P.
Discount, variety or department store
Q.
Electrical substation
R.
Feed ,and farm supply
S.
Food and beverage store
T.
Food store, grocery store
U.
Fraternal Organization
V.
Furniture and appliance store
W.
Furniture, appliance store (outside storage)
X.
Gas Metering station
Y.
Hotel
Z.
Motor,motor hotel,motor lodge
AA.
Motorcylcle sales and service
BB.
Park, playground or rec. center (public)
CC.
Parking Lot or parking garage
DD.
Pet Shop
EE.
Private clubs
AGENDA ITEM (06123/2020)
PAGE 8 OF 11
Page 84 of 180
FF. Quick oil change facility
GG. Quick tune-up facility
HH. Registered family home
11. Residence hotel
JJ. Rest home or nursing home
KK. Restaurant or cafeteria
LL. Retail Ice and Dispensed Water sales
MM. School, private (primary and/or secondary)
NN. School, public (primary and/or secondary)
00. School, trade or commercial
PP. Servant's, caretaker's, or guard's residence
QQ. Service yard of government agency
RR. Shopping center
SS. Stadium or playfield
TT. Swimming pool
UU. Taxidermist
W. Telephone exchange
WW. Theater (indoor)
XX. Tire Dealer
3. Front yard setback: 20 feet
4. Maximum height: 35 feet (1 story)
5. Maximum lot coverage: 45%
6. Point of access: Two points of vehicular access for Lot 2, Block B shall be
allowed through Lot 1, Block B as shown on the approved concept plan.
b. MF-2 Multiple -Family Residential - High Density
1. Maximum Height: 4 story / 65 feet
A. 4 story buildings shall be located no closer than 300 feet from any
single-family residence zoning not included within this planned
development district.
2. Maximum Number of Units: 325
AGENDA ITEM (06123/2020)
PAGE 9 OF 11
Paw 85 of 180
3. Minimum usable open space: 20% of the MF-2 development area
A. The 100 year flood plain shall not count towards open space.
B. One open space area shall be at least twenty thousand (20,000)
square feet in size with a minimum dimension of fifty (50) feet and
must have no slope greater than ten (10) percent.
C. One amenity center and pool.
D. A hike & bike trail along the creek outside of the proposed fence.
E. Remaining areas to count towards open space shall be at least
8,000 square feet in size with a minimum dimension of 15 feet.
F. Three square feet may be applied for each square foot utilized for
swimming pools and adjacent decks, patios, or lounge areas within
10 feet of a pool; developed and equipped children's play areas;
and usable portions of recreational buildings.
4. Parking:
A. 1 space / Studio & 1 bedroom units
B. 2 spaces / 2 & 3 bedroom units
5. Screening: Boarder fencing of masonry construction of not less than eight
feet in height shall be installed along the property line on any perimeter not
abutting a creek, public street, right-of-way or other various forms of open
space.
6. Design Standards (Multiple -Family Residence):
A. Masonry (Brick/Rock veneer): Eighty (80) percent *for the first three
stories, and Seventy (70) percent for the fourth story.
B. Screening Requirements: Various forms of border fencing shall be
permitted and approved upon submittal of site plan and/or
construction plans. Any masonry wall or metal fence may be a
minimum of six (6') feet but no higher than eight (8') feet and shall be
installed at the time of construction, along the property line of any
perimeter not abutting a creek, public street or right-of-way and other
various forms of open space. The fence shall be maintained
throughout the existence of the multi -family complex by the owner of
the complex. The options for such fences are outlined below:
i. A solid masonry screen wall with columns every fifty (50') feet.
AGENDA ITEM (0612312020)
PAGE 10 OF 11
Page 86 of 180
ii. A screen wall consisting of masonry and ornamental metal
fencing. A minimum of 50% of the wall shall be masonry.
iii. A screen wall consisting of ornamental metal fence and an
evergreen living screen. Plant material shall be a minimum of
three (3') feet at the time of planting.
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.
c. SF-60 Single -Family Residence
1. Minimum side yard, interior setback: 5 feet
2. Minimum rear yard setback: 20 feet
3. Minimum lot width: 50 feet; or 45 feet at cul-de-sac or elbow
4. Maximum lot coverage: 50%
5. Lots backing to open space: Fences along the rear lot line shall be
ornamental metal and not less than fifty-four (54") inches tall.
AGENDA ITEM (0612312020)
PAGE 11 OF 11
Page 87 of 180
EXHIBIT A
BEING a tract of land situated in the Thomas Rattan Survey, Abstract Number 782 in the City of
Anna, Collin County, Texas and being all of that tract of land recorded by deed to Anna 51 Joint
Venture recorded in Instrument Number 20150120000064460, County Records of Collin
County, Texas, and being particularly described by metes and bounds as follows:
BEGINNING at an inner el corner of Lot 50, Block F of Oak Hollow Estates Phase 6, an addition to
the City of Anna, recorded in Instrument Number 20140423010001240, County Records, Collin
County, Texas;
THENCE S 89° 34' S0" W, 268.29 feet with the common line of said Anna 51 tract and the north
line of said Phase 6;
THENCE S 890 37' S0" W, 886.77 feet continuing along said common line and with the north line
of Oak Hollow Estates Phase 6A, an addition to the City of Anna, recorded in Instrument
Number 20150406010001070, County Records, Collin County, Texas to the northwest corner of
Phase 6A and in the east line of that tract of land described by deed to Caalms Group LLC
recorded in Instrument Number 20180906001124710, County Records, Collin County, Texas;.
THENCE N 010 24' 49" W,1507.33 feet, along the west line of said Anna 51 tract to the
northwest corner being in the south right-of-way line of F.M. No. 455;
THENCE with said south right-of-way line the following bearings and distances:
N 01* 43' 05" W, 1023.96 feet;
With said curve to the left, having an arc distance of 212.81 feet, through a central angle
of 300 37' 44", having a radius of 398.10 feet, the long chord which bears S 620 26' 08" E,
210.29 feet;
S 770 45' 00" E, 171.20 feet to the beginning of a curve to the left;
With said curve to the left, having an arc distance of 282.66 feet, through a central angle
of 210 25' 00", having a radius of 756.20 feet, the long chord which bears S 88° 27' 30" E,
281.02 feet;
N 80" 50' 00" E, 321.50 feet;
N 00° 00' 00" E, 24.57 feet;
N 80° 37' 59" E, 91.40 feet;
N 850 48' 20" E,162.79 feet to the northeast corner of said Anna 51 tract and being the
northwest corner of the Lot 2, Block A, Advantage Self Storage Addition, an addition to
Paqe 88 of 180
EXHIBIT A
the City of Anna, recorded in Instrument Number 20091123010002930, County Records,
Collin County, Texas;
THENCE S 000 25' 25" E, 2,484.13 feet departing said south right-of-way line and with the east
line of said Anna 51 tract to the point of beginning and containing 2,856,025 square feet or
65.565 acres of land more or less.
"This document was prepared under 22 TAC 663.21,
does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in
real property except those rights and interests implied
or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was
prepared."
Paae 89 of 180
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EXHIBIT C
ORDINANCE 978-2022 VIL-
LAGES OF WATERS
CREEK; LOCATED ON THE
SOUTH SIDE OF W. WHITE
STREET, 1,315t FEET
WEST OF OAK HOLLOW
LANE. AN ORDINANCE OF
THE CITY OF ANNA,
TEXAS AMENDING THE
CITY'S ZONING MAP, AND
ZONING ORDINANCE AND
CHANGING THE ZONING
OF CERTAIN PROPERTY
AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS,
REPEALING AND SEV-
ERABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE; PROVID-
ING FOR A PENALTY
CLAUSE NOT TO EXCEED
$2,000 OR THE HIGHEST
PENALTY AMOUNT AL-
LOWED BY LAW,
WHICHEVER IS LESS,
AND, PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.
Published In the Anna
Melissa Tribune June 9 &
June 16, 2022.