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HomeMy WebLinkAboutOrd 980-2022 Zoning Serenity on the SquareCITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located at the northeast corner of Finley Boulevard and Sharp Street.) ORDINANCE NO. 290-4= 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 Square Partners I, 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 located at the northeast corner of Finley Boulevard and Sharp Street was zoned by Ordinance 129-2004 & Ord. No. 691-2015; 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 depicted in the Concept Plan on the attached Exhibit 1. 1. Purpose. The purpose of this Planned Development District is to facilitate the development of a high - quality Commercial and 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. A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with 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 unless except as otherwise modified within Standards for Multi -Family Developments identified within District I & F under Ordinance No. 129- 2004 and Ordinance No. 691-2015 or as specified herein. i. Land use: Remove commercial land use component for Sub -District F ii. Maximum height (feet): 3 Stories or 50 feet; 4 Stories or 65 feet when commercial uses are on the first floor. iii. Maximum number of units: 320 iv. Front yard setback: Multi -family building #4, as shown on the approved Concept Plan, shall be set back a minimum of 46 feet from the Sharp Street right-of-way. V. Parking: A minimum of 1 off-street parking spaces shall be provided per one - bedroom and studio units, two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling unit for visitor parking. vi. Covered parking: 50% of the required unit parking must be covered to include garages. vii. Perimeter fence: Border screening and fencing on any perimeter not abutting a public right-of-way shall consist of the following: 1) Ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height along with masonry columns at no more than 50- foot intervals. 2 2) Along the northern and eastern property boundary a 10-foot-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25-foot centers. viii. Refuse facilities: Development shall have a minimum of one compactor onsite. Each compactor facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Development will utilize a valet waste service to collect residents' trash directly on scheduled days. ix. Landscape buffer: 1) Waiver of the 20-foot landscape buffer requirement along Finley Boulevard for the section of right-of-way where parallel parking is proposed. 2) A 10-foot landscape buffer/screening shall be provided along the entire building frontage of Multi -family building #4 as shown on the approved Concept Plan. X. Flex live/work units: 1) Multi -Family Building #2, as shown on the Concept Plan, shall be designed with a minimum seven (7) flex live/work units. Flex live/work units are defined as ground floor units that may be occupied by a residential use, a nonresidential use, or both. Flex live/work units must have an individual exterior entrance and a minimum floor -to -ceiling separation of 9 feet. A flex live/work unit must be constructed to accommodate nonresidential uses and may not be modified to prevent nonresidential occupancy. 2) Permitted uses: Uses as permitted by right or by specific use permit in the C-1 Restricted Commercial District are permitted by right or with a specific use permit within the flex live/work units except Automotive and Related Service Uses. A. Commercial lease space: A minimum of 5,000 square feet of commercial lease spaces is required in conformance with uses allowed within Sub District F per Exhibit "D" Land Use Matrix within Ord. No. 129-2004. 3. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non -substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. 4. The Concept Plan will expire after two (2) years of approval. 3 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 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 Pro Tern, 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. 4 PASSED by the City Council of the City of Anna, Texas this 24th day of May 2022. 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MULTWAMMYOU2LUN0 !{ it iitli ,rw t I +rAaar•r•u t.wsc..cE%tgTLgOSRrtt -------------------------------------------------- --- - - - - - - - - - - - - - - - - -� e•rr Rrosva rrva ar ,wa .ra•p.• bMada•aRrr GW,1Yta rwr• wnw ,w•r rw.rar Aaa4.rr rrnno arra«wa ;wr rr,r••towr rr n w ,a•r „ora.•vrveoo•uoMrc wo wa«•+ wr�r ar,�ir r.rarer .ua•r+n..r rrnw r.r.n-. w. rrr rrnw � ea•ra.row.ror• ..ar..raaa W `-w�, CONCEPT SITE PLAN > La aLRp.T AT71bIDI,AR. 0 .>7 CITY OF AWN7OUSMC01MTY n n[GN PAUM L LUtc wTicTtwa etMx A1wCONADNSwM 11ASNa.2lC avoow D./I" OW4ALWe H raw•oa,w.na•raw.tnarD,p.rri••wAar.t•CrvTwC:. CDMACUSwA= wCM-J,r.I. ro m.+ow.vmaw,p. uc A .«p "oe'�'wa=vwt COW -= - aver ai,TR J wro�meata>e rCOMMV T: m77 3 �1 ty yte Mc1gR N /Nd��i 11 aq.e.0 ,wwn iir .w. r',r m nOrcRo AaV27 a ea,YA.ee CITY OF ANNA PLANNING & ZONING COMMISSION May 2, 2022 Public Hearing: Zoning — PD-C-2/MF-2 (Serenity at the Square) Applicant: Anna Town Square Partners I, LLC DESCRIPTION: Request to amend adopted and existing standards for multiple -family development within portions of Subdistrict I, F, & D of the existing Planned Development on one lot on 11.0± acres located at the northeast corner of Finley Boulevard and Sharp Street. The property is currently zoned Planned Development (Ord. No. 129-2004 & Ord. No. 691-2015). HISTORY: Initial Zoning The zoning of Anna Town Square (Ord. No. 129-2004) is comprised of Sub -Districts (Exhibit B) that contain adopted conditions/standards associated with each. A Concept Plan (Exhibit C) identified roadway alignments that provided boarders associated with each sub -district boundary. However, within Section 4: Design Standards of the zoning there was a subsection associated with Roads which included the following language; Roads: ..."The alignments shown on the plan are conceptual. The alignments of each of the roads may be repositioned at the time of platting for each individual tract. ".... When the initial and subsequent preliminary plats were submitted for development within Anna Town Square the alignment of the proposed roadways shown on the approved Concept Plan and outlined within the Sub -District Map were modified. Unfortunately, the Sub -District areas and Concept Plan were not modified accordingly to match that of the modified roadway alignments. Zoning Amendments The initial zoning associated with Anna Town Square has been amended per the following Ordinance amendments. Ord. No. 236-2005 Additional land area added to the PD Ord. No. 627-2013 Add an additional sub -district and modify sub -districts A & B conditions/standards. Ord. No. 691-2015 Ord. No. 703-2015 Ord. No. 755-2018 Ord. No. 942-2021 Ord. No. 943-2021 REMARKS: Adding land use to sub -districts I, H, F, & D (Longhorn cattle) Palladium apartments Modify sub -district F & H conditions/standards Parmore — Anna Senior apartments The Grand at Anna apartments The subject property is located within portions of District I (Southern Town Center Adjacency Zone), District H (Southern Town Center Zone), and District D (Town Center Town Home Zone) within the Anna Town Center Planned Development Districts that are depicted within Exhibit B (Sub- District Map) and Exhibit C (Concept Plan) within Ord. No. 129-2004 (Exhibit 1). The applicant is requesting to modify Planned Development Sub District standards and existing MF-2 Multiple -Family Residential — High Density (MF-2) development standards associated with parking, fencing, and refuse facilities. A concept plan (Exhibit 2), Serenity at the Square Block A, Lot 1, accompanies this request. Surroundinq Land Uses and Zoning North Single-family residences, under construction Anna Crossing Villas). East Across Finley Boulevard — vacant land zoned (Ord. No. 129-2004 & Ord. No. 691-2015 South Across Sharp Street — existing single-family residences (Anna Crossing Phase 1 A Vilest Existing single-family residences (Anna Crossing Phase 5) Planned Development Sub -Districts I, F. & D The tract of land associated with the applicant's zoning amendment is located within three Planned Development Sub -Districts (I, F & D). Each district permits the land use of multi- family by -right per Exhibit D (Land Use Matrix) within Ord. No. 129-2004. Sub -District I - Multi -family development allowed by -right with a maximum height of 3 stories or 50 feet and/or 4 stories or 65 feet when commercial uses are on the first floor. The maximum density allowed is 24 units per acre free standing with 36 units per acre when above commercial uses. Sub -District F - Any multi -family building located within Sub -District F must contain a commercial component. The maximum density allowed is 24 units per acre free standing with 36 units per acre when above commercial uses. ZONING - SERENITY AT THE SQUARE PAGE 2 OF 6 Sub -District D - Attached or detached unit types either on platted lots or multiple units on a single lot. Maximum height of two and a half stories or 35 feet. Proposed Planned Development Stipulations Land Use — Sub -District F requires a commercial component within any multiple -family residence building. ➢ The applicant is requesting to waive the commercial land use component for the area of their development located within Sub -District F Maximum Height — Sub -District D includes a Maximum Height allowance of 2.5 Stories or 35 feet. ➢ The applicant is proposing to modify the maximum height allowance for the portion of the tract located within Sub -District D to match and be in alignment within Sub - District I and F. o 3 Stories or 50 feet; 4 Stories or 65 feet when commercial uses are on the first floor. 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 to reduce the required parking for one -bedroom and studio units to 1 space and reduce the amount of covered parking to 50%. ➢ The zoning will maintain the required two (2) spaces per two or more -bedroom units and additional 0.25 visitor parking requirements. Screening fence — The MF-2 zoning requires border fencing of masonry construction not less than eight feet in height be installed along the property line on any perimeter not abutting a public street right-of-way. When the zoning for Anna Crossing Villas, located to the north, was established and amended (Ord. No. 755-2018 & Ord. No. 768-2018) there was a specific stipulation that required a 6' masonry wall. "A 6' Masonry Wall shall be constructed along the Southern board of Patio Home Development." ➢ The applicant is requesting not to install a screening fence along the northern property due to the zoning stipulation for Anna Crossing Villas ➢ Along the eastern property boundary install a six -foot -high ornamental metal fence with masonry columns at no more than 50-foot. ZONING - SERENITY AT THE SQUARE PAGE 3 OF 6 ➢ Along both the northern and eastern property boundaries, in addition to the Anna Crossing Villas masonry wall and the proposed ornamental metal fencing, include a 10' wide landscape buffer with vegetative screening. The vegetative screen is to comprise of minimum 3" caliber trees planted staggered at 25-foot centers. Refuse Facilities — Rather than having multiple dumpsters, the application is proposing one compactor on -site and utilizing a valet waste service. Landscape Buffer — For multiple -family parcels, a minimum 20-foot landscape buffer adjacent to the right-of-way of any major thoroughfare is required. ➢ The applicant is proposing to remove the landscape buffer requirement along a section of Finley Boulevard where slip driveway and parallel parking is proposed. To help support and justify the modified standards, the applicant has provided additional information (Exhibit 3). ISSUES: Land Use: A portion of the applicant's property is located within Sub -District F. Sub - District F requires a commercial component within any multi -family residence building. The applicant is requesting to remove this requirement due to the location of Sub -District F and the form of multi -family development proposed within the majority of this sub -district area (attached 1-bedroom units, urban flats). Building Height: A portion of the applicant's property is located within Sub -District D. Sub -District D has a different maximum height allowance than Sub -Districts I & F. The applicant's request to increase the maximum height maintains current maximum height allowances established for multi -family developments. Parking: The applicant is only requesting to reduce the amount of parking allocated for 1-bedroom and studio units while maintaining requirements for larger units and guest parking. Additionally, the applicant is requesting to reduce the amount of covered parking from 75% to 50%. Screening Fence: The residential development along the northern property boundary (Anna Villas), as part of their zoning, is required to install a 6' masonry wall along their southern district boundary. To soften the visual appearance between the multiple -family residence development and the existing residential developments to the east the applicant is requesting to install wrought iron fencing with masonry columns rather than a solid masonry wall. Additionally, along property boundaries not abutting street R.O.W., the applicant is proposing a 10-foot-wide landscape buffer comprised of trees planted staggered at 25-foot centers. ZONING - SERENITY AT THE SQUARE PAGE 4 OF 6 Refuse Facility: Rather than having multiple dumpster locations that could be in close proximity to neighboring developments, the applicant is requesting to install one trash compactor and utilize a valet wase service to collect residents' trash directly on scheduled days. Landscape Buffer: The applicant is requesting to waive the 20-foot landscape buffer requirement along Finley Boulevard for the section of right-of-way where parallel parking is proposed along the slip road. The parallel parking is primarily designed for future retail tenants. SUMMARY: Request to modify existing multiple -family residence development standards on 11.0± acres located at the northeast corner of Finley Boulevard and Sharp Street. The subject property currently allows multi -family land use by -right. The applicant is proposing to modify multiple -family residence development standards that they believe will allow for a superior development than what would be allowed under existing zoning allowances. RECOMMENDATION: If the Planning & Zoning Commission is in agreement with the proposed amendments as presented by the applicant the Commission should include the following restrictions as part of their motion. Recommended for approval as follows: Restrictions: 1. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). 2. Standards and Area Regulations: Development must comply with 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 unless except as otherwise modified within Standards for Multi -Family Developments identified within District I & F under Ordinance No. 129-2004 and Ordinance No. 691-2015 or as specified herein. A. Land use: Remove commercial land use component for Sub -District F B. Maximum height (feet): 3 Stories or 50 feet; 4 Stories or 65 feet when commercial uses are on the first floor. C. Maximum number of units: 320 ZONING - SERENITY AT THE SQUARE PAGE 5 OF 6 D. Front yard setback: Multi -family building #4, as shown on the approved Concept Plan, shall be set back a minimum of 46 feet from the Sharp Street right-of-way. E. Parking: A minimum of 1 off-street parking spaces shall be provided per one -bedroom and studio units, two (2) spaces per two or more -bedroom units, plus 0.25 per dwelling unit for visitor parking. F. Covered parking: 50% of the required unit parking must be covered to include garages. G. Perimeter fence: Border screening and fencing on any perimeter not abutting a public right-of-way shall consist of the following: i. Ornamental metal fence, such as wrought iron or tubular steel no less than six feet in height along with masonry columns at no more than 50-foot intervals. ii. Along the northern and eastern property boundary a 10-foot-wide landscape buffer consisting of a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25-foot centers. H. Refuse facilities: Development shall have a minimum of one compactor onsite. Each compactor facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Development will utilize a valet waste service to collect residents' trash directly on scheduled days. I. Landscape buffer: i. Waiver of the 20-foot landscape buffer requirement along Finley Boulevard for the section of right-of-way where parallel parking is proposed. ii. A 10-foot landscape buffer/screening shall be provided along the entire building frontage of Multi -family building #4 as shown on the approved Concept Plan. 3. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non -substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. 4. The Concept Plan will expire after two (2) years of approval. ZONING - SERENITY AT THE SQUARE PAGE 6 OF 6 CITY OF ANNA, TEXAS ORDINANCE NO. 129 - 2004 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE .ZONING MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF CERTAIN PROPERTY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the City of Anna is experiencing dramatic growth, and; WHEREAS, it is desirous that such growth contribute to the economic viability of Anna's existing Town Center, and; WHEREAS, economic viability necessitates that planning of the City's future thoroughfares continue to bring market demand to the town center area, and; WHEREAS, mixed use commercial and residential land uses attracted to that demand provide continued activity and life for the Town Center, and; WHEREAS, the clustering of commercial and residential uses supports the attractiveness of Anna as a destination for future mass transit, and; WHEREAS, viable mass transit will reduce vehicular trips, encourages pedestrian use of the core area, and further reinforce the economic health of the City's core, and; WHEREAS, the City Council of the City of Anna has given the requisite notices and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance and Thoroughfare Plan of the City of Anna, Texas, is amended by zoning the tract described in Exhibit A, attached hereto and made an integral part of this Ordinance, as Planned Development (PD). Section 2. The Town Center Planned Development District described in Exhibit "A" is comprised of certain Planned Development Sub Districts. These Sub Districts are described below and shown on Exhibit "B". The Concept Plan for the Anna Town Center Planned Development District is as shown on the attached Exhibit "C". The approved uses for each of the Sub Districts within the PD are shown on the attached Exhibit "D". CADocuments and SettingslLeelWy DocumentsWna Mgt%"Development-Planning IssueslZoning12004102-Town Center (Betz)%"Approved Zoning Ordinance-Final.doc Page 1 of 17 Establishment of Districts For the purpose of this Planned Development ordinance, the land described in Exhibit A, is hereby divided into districts as follows: District A- Southern Single Family Zone District B- Eastern Single Family Zone District C- Single Family Transition Zone District D- Town Center Town Home Zone District :E- Town Center Adjacency Zone District F- Town Center Retail Zone District G- Town Center Zone District H- Southern Town Center Zone District I- Southern Town Center Adjacency Zone C.Vocurnents and SettingslLee1 My DocumentslAnna Mgtl"Development-Planning IssueslZoning12004102-Town Center (Betz)1^Approved Zoning :ordinance-FinaLdoc Page 2 of 17 District A. Southern Single Family Zone This district containing approximately 55 gross acres is limited to single family residential land use, amenity uses commonly associated with residential development (including swim center, sales center, model park), school, and park/ open space improvements as may be required by City of Anna Ordinances. This district will be surrounded on three sides by land that is not within the New Town Center Area. For this reason, the Southern Single Family Zone will most closely match typical single-family development found in Anna. The district most similar to "PD" District A is the "SF-60" district. The density in this area shall not exceed 4.25 units to the acre. Curvilinear Street design will be used when market and site conditions permit. The street and lot layouts shown on Exhibit "C" may be revised at the preliminary plat stage of development. 1. Uniform canopy tree (same species along each street in district) plantings in the parkway, and 2. Streets longer than 900 feet will have sufficient curvilinear aligmnent (or other plan features) to create a terminal vista in the street view. ADOPTED "PD" CONDITIONS CURRENT "SF-60" STANDARDS Minimum Lot Size 6,000 SF Minimum Width 55' at Building Line* Minimum Depth 100' 120' Minimum Front Yard Setback 20' 25' Mrumum Rear Yard Setback 20' 25' Side Yard Setback 5' or 10% of lot width whichever is eater 10' Side Yard Comer 10' 15' Masonry Percentage 75% 60% Brick or Rock Veneer, front 100% Minimum Trees Two 3" Caliper Maximum Height 2.5 Stories or 35 feet Maximum Lot Coverage 60% 45% * Minimum widths and depths may vary for cul de sac lots. Building lines for cul-de-sac lots will be established on the Development Plan and or preliminary Plat. CADocuments and SettingsV_eel ft Documentst4nna Mgtl^Development-Planning IssueslZoning12004102--Town Center (Betz)1^Approved Zoning Ordinance-FinaLdoc Page 3 of 17 District B. Eastern Single Family Zone This district will provide a transition to the eastern portions of Anna that will be dominated by the Highway 121 corridor. The divided boulevard (conceptually illustrated on the concept plan, Exhibit "C") will be landscaped with a single row of three inch (3") canopy trees at the time of planting from the same species planted on fifty foot centers. The Eastern Single Family Zone containing approximately 64 gross acres is limited to single family land uses, amenity uses commonly associated with residential development (including swim center, sales center, and model park), and park/ open space as may be required by City of Anna Ordinances. Within this district, larger lots shall be north and east of the main boulevard and provide for a transition to the smaller lots found near the Town Center. The district most similar to "PD" District B is the "SF-60" district. The density in this area shall not exceed 4.5 units to the acre throughout the district and the area south and west of the boulevard shall not exceed 5 units to the acre. Curvilinear Street design will be used when market and site conditions permit. The street and lot layouts shown on Exhibit "C" may be revised at the preliminary plat stage of development. 1. Uniform canopy tree (same species along each street in district) plantings in the parkway, and 2. Streets longer than 900 feet will have sufficient curvilinear alignment (or other plan features) to create a terminal vista in the street view. ADOPTED "PD" CONDITIONS CURRENT "SF-60" STANDARDS Minimum Lot Size 5,500 SF Minimum Width 50' at Building Line* Minimum Depth 100, 120' Minimum Front Yard Setback 20' 25' Minimum Rear Yard Setback 20' 25' Side Yard Setback 5' or 10% of lot width whichever is eater 10, Side Yard Corner 10, 15, Masonry Percentage 75% 60% Brick or Rock Veneer, front 100% Minimum Trees Two 3" Caliper Maximum Height 2.5 Stories or 35 feet Maximum Lot Covera a 60% 45% * Minimum widths and depths may vary for cul de sac lots. Building lines for cul-de-sac lots will be established on the preliminary Plat. C.Mocuments and Settings1eeI My DocumentslAnna Mgtl^Development-Planning IssueslZoning12004102-Town Center (Betz)I^Approved Zoning Ordinance-Final.doc Page 4 of 17 District C. Single Family Transition Zone This purpose of this district is to transition from District B, The Eastern Single Family Zone, and District E, the Town Center Adjacency.Zone. This transition area shall be associated with the smaller lots and more urban feel of the Town Center. The Single Family Transition Zone contains approximately 15 gross acres and is limited to single family land uses, amenity uses commonly associated with residential development (including swim center, sales center, and model park), and park/ open space as may be required by City of Anna ordinances. The district most similar to "PD" District C is the "SF-60" district. The density in this area shall not exceed 5.25 units to the acre. This area shall require the following additional streetscape enhancements: Curvilinear Street design will be used when market and site conditions permit. The street and lot layouts shown on Exhibit "C" may be revised at the preliminary plat stage of development. %.Uniform canopy tree (same species along each street in district) plantings in the parkway, 2.Enhanced dual layered landscaping that comprises 25% of the house width, and 3.Streets longer than 900 feet will have sufficient curvilinear alignment (or other plan features) to create a terminal vista in the street view. ADOPTED "PD" CONDITIONS CURRENT "SF-60" STANDARDS Minimum Lot Size 5,000 SF 61,000 SF Minimum Width 45' atBuildin Line* 50' Minimum Depth 100, 120' Minimum Front Yard Setback 15, 25' Minimum Rear Yard Setback 15' 25' Side Yard Setback 5' or 10% of lot width (whichever is eater 10' Side Yard Comer 10' 15' Masonry Percentage 75% 60% Brick or Rock Veneer, front 100% Minimum Trees Two (3") Caliper Maximum Height 2.5 Stories or 35 feet Maximum Lot Coverage 60% 45 % * Minimum widths and depths may vary for cul de sac lots. Building lines for cul-de-sac lots Will be established on the preliminary Plat. C. Documents and SettingslLeeI My DocumentslAnna Mgtl^Development-Planning Jssues%Zoning12004%02-Town Center (Betz)%^Approved Zoning Ordinance-Finat doc Page 5 of 17 District D. Town Center Town House Zone The purpose of this district is to provide an area in which either attached or detached housing is available on small lots. These smaller lots may have a side yard of zero or five feet depending on unit type. This area is intended to provide to a housing type that bridges between the single family uses found to the east and south of this zone and the multi family uses found in the Town Center Zone. These lots may be on individually platted lots or multiple units may exist on a single lot so that future "for sale" and/ or "rental" markets may be served within this Planned Development. The Town Center Town House Zone contains approximately 28 gross acres and is limited to for sale or rental residential units with a maximum density of 12 units to the acre and a maximum height of two and a half stories or 35 feet. The zoning district most similar to "PD" District D is the "SF-TH" District. Two off street parking spaces per unit will be required. The street and lot layouts shown on Exhibit "C" may be revised at the preliminary plat stage of development. ADOPTED "PD" CONDITIONS CURRENT "SF-TH" STANDARDS Minimum Lot Size 2,500 SF per unit 2,700 SF per unit Minimum Width 20' at Building Line* 25' Minimum Depth 100' Minimum Front Yard Setback 157 20' Minimum Rear Yard Setback 15' 25' Side Yard Setback On non Zero Side 5' or 10% of lot width whichever is eater) 14' between end of bldgs. Side Yard Corner 10, 15' MasonryPercentage 70% Minimum Trees One (3") Caliper Maximum Height 2.5 Stories or 35 feet Maximum Lot Coverage 60% * Minimum widths and depths may vary for cul de sac lots. Building lines for cul-de-sac lots will be established on the preliminary Plat. C.Vocuments and SettingslLeel My DocumentslAnna Mgt%^Development Planning lssueslZoningl2004102-Town Center (Betz)%^Approved Zoning Ordinance-Final.doc Page 6 of 17 District E. Town Center Adjacency Zone This district is intended to provide for relatively dense condominium and apartment developments with density not to exceed 24 units per acre when only multi -family units are constructed and 36 units per acre when commercial is developed as an integral part of the development, and compatible commercial uses. The permitted density begins to visually define town center and provides resident support for town center commercial uses and street life. The Town Center Adjacency Zone contains approximately 14 gross acres and permits both multi family and retail land uses. Multi -family land uses may occur with amenity uses commonly associated with multi -family development (including swum center, recreation center, and sales center). See Section 3 for Development Schedule on Multi -family Developments. Retail land uses include restaurants, entertainment and office. Portions of this district developed as residential will be most similar to the "MF-2" zoning district. Portions of this district developed as retail will be most similar to the "C-2" zoning district. Three story structures up to a maximum height of 50 feet are allowed, unless the first floor is used for commercial in which case four stories will be allowed with a maximum height of 65 feet. The maximum multi -family density shall be 24 units to the acre when retail is not incorporated into first floor space and 36 units to the acre when retail is so incorporated in a quantity equal to or greater than 10% of the total first floor area of multifamily structures fronting all of the collector streets shown on the concept development plan, Exhibit "C"). Parking Lots shall be allowed within the Front Yard Setback area. Commercial uses shall develop according to the standards in District F. Commercial uses shall be limited to four stories or 65 feet. 4TANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED "PD CONDITIONS CURRENT "MF-2" STANDARDS Minimum Front Yard Setback 20' for one or two story buildings 25' & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four (3") Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories or 65 45' feet when commercial uses are on the first floor. 2 story height limitation within 80'of north and east sides of District. Maximum Density 24 units per acre with 36 units per 25 units per acre with special fire acre permitted when first floor protection equipment. retail is incorporated in the multifa project STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "C-2" STANDARDS Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0" 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Comer 15' 25' Maximum Lot Coverage 70% C.-Wocuments and Settings1ee9My DocumentslAnna Mgtl^Development-Planning lssueslZoning12004102-Town Center (Betz)1"Approved Zoning Ordinance-Final.doc Page 7 of 17 MaximumHeight _ 4: Stories or *65. feet 35' :C IDocumenfs.and SeitingslLeel1My DocumentsL4nna MgI ^Development -Planning lssueggoningt2004102-Town Center (Betz)1"Approved. Zoning Ordinance=Flna1 doc -Page 8 of 17 District F. Town Center Retail Zone This district is intended to provide for retail, restaurant, and commercial uses near the Town Center Zone, including convenience stores, shopping centers, and office buildings, but not including wholesaling or warehousing. Uses in this area provide the kind of living and shopping activities that give greater identity and life to the Town Center. The Town Center Retail Zone contains approximately 15 gross acres and permits retail (including restaurants, entertainment, and office uses) and multi -family land uses. See Exhibit C Multi -Family Development Matrix. The maximum height in this area shall be three stories, or 50 feet. Buildings shall not be closer than 15feet to any street. Multi -family is encouraged above first floor retail. The maximum multi -family density shall be 24 units to the acre when retail is not incorporated into first floor space and 36 units to the acre when retail is so incorporated in a quantity equal to or greater than 10% of the total first floor area of multifamily structures fronting all of the collector streets shown on the concept development plan, Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. This district when developed will be most similar to a "C-2" zoning district. Single-family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance section 3. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C") shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "C-2" STANDARDS Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15, 25' Minimum Rear Yard Setback 0' 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Comer 15' 25' Maximum Lot Coverage 80% Maximum Height 3 Stories or 50 feet 35, STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED"PD" CONDITIONS CURRENT "MF-2" STANDARDS Minimum Front Yard Setback 20' for one or two story buildings 25' & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Comer 0' 25' Masonry Percentage 75% Minimum Trees Four 3" Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories or 65 45' feet when commercial uses are on the first floor Maximum Density 24 units per acre with 36 units per 25 units per acre with special fire acre permitted when first floor protection equipment. retail is incorporated in the multifamily project CADocuments and SettingsV_eellMy Documentst4nna MgtMDevelopment-Planning lssueslZoning12004102-Town Center (Betz)1AApproved Zoning Ordinance-Final.doc Page 9 of 17 District G. Town Center Zone This district is intended to be the central location within all the districts. This district has the largest variety of uses. This district shall also allow the most intensive uses within the PD. It is intended to provide places for people to live, work, shop and recreate. The Town Center Zone is approximately 40 gross acres and permits multi -family (See Exhibit C Multi -Family Development Matrix.), retail (including restaurants, entertainment, and office uses) and potential civic uses such as a Town Hall, public open space, libraries, community center, and mass transit station (but not public works facilities). Civic uses shall be developed in such a manner that they preserve access to, and view of, public open areas from the collector streets as shown on the conceptual development plan (Exhibit "C"). Public buildings shall be built a maximum of 15 feet from the street right of way unless a public plaza or parking in front of the building is provided. Parking located between the building and the street may not exceed more than one parking aisle and two rows of parking spaces in order to maintain the relationship of pedestrian scale in the streetscape. Pedestrian connection between street and public building (across the parking aisle between street and building) must be clearly indicated in the parking design. Civic area donations/dedications do not offset required park fees. Stand-alone retail land uses shall be developed according to the Commercial Development standards specified below except as amended by the following text for retail uses incorporated with multi -family uses. Multi family residential units may be developed according to the standards specified below with the exception that density may be increased to 36 units per acre when commercial uses are provided on the first floor of multi -family development in amounts that equal or exceed 10% of the first total floor area of those multifamily structures fronting all of the major collectors shown on the approved concept development plan (Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. The district when developed as commercial will be most similar to the "C-2" district. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C") shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "C-2" STANDARDS Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0' 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Corner 15' 25' Maximum Lot Coverage 85% Maximum Height 4 Stories or 65 feet 35' STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRNET "MF-2" STANDARDS Minimum Front Yard Setback 20' for one or two story buildings & 30' for three or four story buildings 25' Minimum Rear Yard Setback 0' 257 Side Yard Setback 0' Side Yard Comer 0' 257 Masonry Percentage 75% C.0ocuments and SettingsV_ee I My DocumentsL4nna Mgtl "Development -Planning lssuesiZoning12004102-Town Center (Betz)1"Approved Zoning Ordinance-FinaLdoc Page 10 of 17 Minimum Trees Four (Y) Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories or 65 45' feet when commercial uses are on the first floor Maximum Density 24 units per acre free standing 25 units per acre with special fire with 36 units per acre when above protection equipment. commercial uses. CADocuments and, SettingslLeellMy DocumentsWna MgAI'Development-Planning IssuesUoning12004102-Town Center (Betz)1^Approved Zoning Ordinance-Final.doc Page 11 of 17 District H. Southern Town Center Zone The Southern Town Center Zone is approximately 25 gross acres and permits multi-family(See Exhibit C Multi - Family Development Matrix.), retail (including restaurants, entertainment, and office uses. Stand alone retail land uses shall be developed according to the Commercial Development standards specified below except as amended by the following text for retail uses incorporated with multi -family uses. Multi family residential units may be developed according to the standards specified below with the exception that density may be increased to 36 units per acre when commercial uses are provided on the first floor of multi -family development in amounts that equal or exceed 10% of the first total floor area of those multifamily structures fronting a major collector shown on the approved concept development plan (Exhibit "C"). When use of retail permits an increase in density, the building height may be increased to four stories, or 65 feet. The district when developed as commercial will be most similar to the "C-2" district. Collector streets or portions of collector streets located within this zone (as shown on the approved concept development plan (Exhibit "C") shall be planted with a single row of canopy street trees, planted at 50 feet on center along the frontage of each project area. Single family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance Section 3. STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "C-2" STANDARDS Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0' 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Corner 15' 25' Maximum Lot Coverage 85% MaximurnHeight 4 Stories or 65 feet 35' STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "MF-2" STANDARDS Minimum Front Yard Setback 20' for one or two story buildings 25' & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Corner 0' 25' Masonry Percentage 75% Minimum Trees Four 3" Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories or 65 45' feet when commercial uses are on the fast floor Maximum Density 24 units per acre free standing 25 units per acre with special fire with 36 units per acre when above protection equipment. commercial uses. District I. Southern Toivn Center Adjacency Zone C:Wocuments and Settings1eeIWy DocumentslAnna Mgtl^Development-Planning IssueslZoning12004102-Town Center (Betz)1^Approved Zoning Ordinance-Final.doc Page 12 of 17 This district is intended to provide for relatively dense condominium and apartment developments with density not to exceed 24 units per acre when only multi -family units are constructed and 36 units per acre when commercial is developed as an integral part of the development, and compatible commercial uses.. The permitted density begins to visually define town center and provides resident support for town center commercial uses and street life. The Town Center Adjacency Zone contains approximately 18 gross acres and permits both multi family (See Exhibit C Multi -Family Development Matrix.) and retail land uses. Multi -family land uses may occur with amenity uses commonly associated with multi -family development (including swim center, recreation center, and sales center). Retail land uses include restaurants, entertainment and office. Portions of this district developed as residential will be most similar to the "MF-2" zoning district. Portions of this district developed as retail will be most similar to the "C-2" zoning district. Three story structures up to a maximum height of 50 feet are allowed, unless the first floor is used for commercial in which case four stories will be allowed with a maximum height of 65 feet. The maximum multi -family density in this area is 24 units to the acre and 36 units to the acre when portions of the first floor space have commercial uses. Parking Lots shall be allowed within the Front Yard Setback area. Commercial uses shall develop according to the standards in District F. Commercial uses shall be limited to four stories or 65 feet. Single-family residential uses shall be permitted in this district in accordance with the "Single Family Alternate" conditions specified in ordinance section 3. STANDARDS FOR MULTI -FAMILY DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "MF 2" STANDARDS Minimum Front Yard Setback 20' for one or two story buildings 25' & 30' for three or four story buildings Minimum Rear Yard Setback 0' 25' Side Yard Setback 0' Side Yard Comer 0' 25' Masonry Percentage 75% Minimum Trees Four 3" Caliper Trees Maximum Height 3 Stories or 50 feet; 4 Stories or 65 45' feet when commercial uses are on the first floor.. 2 story height limitation within south 80'of District. Maximum Density 24 units per acre free standing 25 units per acre with special fire with 36 units per acre when above protection equipment. commercial uses. STANDARDS FOR COMMERCIAL DEVELOPMENTS ADOPTED "PD" CONDITIONS CURRENT "C-2" STANDARDS Minimum Lot Size None Minimum Width None 60' Minimum Depth None Minimum Front Yard Setback 15' 25' Minimum Rear Yard Setback 0" 10' except 15' when abutting any district requiring a side yard. Side Yard Setback None 5' except 15' when abutting any district requiring a side yard. Side Yard Comer 15' 25' Maximum Lot Coverage 70% Maximum Height 4 Stories or 65 feet 35' QlDocuments and SettingslLeeI My DocumentslAnna Mg8ADevelopment-Planning lssueslZoning12004102--Town Center (Betz)1^Approved Zoning Ordinance-Final.doc Page 13 of 17 Section 3: Additional Landuse and Development Requirements for all Sub Districts Develonment Schedule: District A. B. C. D, E. F. G, H, & I District A As Demanded by the free Market B As Demanded by -the free Market C As Demanded by the free Market D As Demanded by the free Market E As Demanded by the free Market, however, No Single -Family Development shall occur on this tract and No Multi -family Development shall occur in District E until such time as the portion of District G that lies between the civic area and the western edge of District E construction has commenced. Simultaneous construction of said portion of District G and District E is allowed. F As Demanded by the free Market (See Exhibit C Multi -Family Development Matrix. G As Demanded by the free Market, however, No Single -Family Development shall occur on this tract. H As Demanded by the free Market (See Exhibit C Multi -Family Development Matrix. I As Demanded by the free Market (See Exhibit C Multi -Family Development Matrix. Alternate Detached Single -Family Residential Development in Districts I, F, H, and At the time of submitting a detailed development plan for Districts I,. F, and H, , the property owner may select to develop detached single-family uses instead of the multi -family and non-residential uses permitted for Districts I, F, and H, . When an alternate single-family is selected for any of Districts I, F, and H, such single-family development shall comply with the following standards: District I Detached Single -Family to be developed with a maximum density of 3.5 units to the acre meeting the requirements of District A. F Detached Single -Family to be developed with a maximum density of 3.5 units to the acre meeting the requirements of District A. H Detached Single -Family to be developed with a maximum density of 3.5 units to the acre meeting the requirements of District A. CADocuments and SeitingslLeellMy Documentst4nna MgtMevelopment Planning Issuesvoningl2004102-Town Center (Betz)1^Approved Zoning Ordinance-Final.doc Page 14 of 17 Section 4: Design Standards Masonry Requirements: "Masonry" means brick, stone, pre -cast stone, and any other similar veneer material, but excluding cement fiber materials, attached to an outside wall. Masonry percentages are calculated as a percent of the surface excluding windows and doors, or other architectural offsets. Garages: Garages may be front facing. Sidewalks: Sidewalks will be installed along the street frontage of all single family residential lots prior to the issuance of a final certificate of occupancy for each house constructed thereon. Roads: The roads shown on the Concept Plan, Exhibit "C" are designed to create enhanced streetscapes in addition to conveying traffic into the Town Center. The alignments shown on the plan are conceptual. The alignments of each of the roads may be repositioned at the time of platting for each individual tract. Road "A" (shown in pink on the Concept Plan) shall have a dedication of 120' of right of way (ROW). It shall be constructed like the existing Highway 5; having the same cross section design and materials. Roads "B", "C", and "D" shall have the same right of way and paving cross section design as a residential collector with thirty seven feet of pavement. In the event that the higher density uses contemplated in the PD such as townhouse, multi- family, and large area of retail are developed as single family subdivisions, some of the roads shown on the Concept Plan may not be needed due to the lack of traffic in the area. The final road alignment may be modified and the ROW may be reduced at the time of Preliminary Plat if it is determined by the City that the full road section is not needed. In the event that Districts F, H, or I or any portion of them are developed with detached single family uses, the thoroughfares required for those areas shall be either those shown on the Concept Plan (Exhibit "C") or modifications thereof or the thoroughfares shown on the Future Land Use Plan. In any event, these thoroughfares will be located in a manner which will accommodate the detached single family uses. Alternative road plans that illustrate the connections from the PD to the adjacent lands are shown on the attached Exhibit E. Section 5: Subsequent Approvals A preliminary plat shall be submitted for all portions of the Property. Multifamily and Commercial uses shall require a detailed Site Plan to be submitted that conforms with the approved uses described in Exhibit D and the provisions for the District in which that portion of the Property lies. A detailed Site Plan in conformance with the concept plan shall be reviewed and approved by the City prior to the issuance of a building permit. An owner of land in the District may file applications to amend this ordinance as the ordinance pertains to the applicant's land without obtaining the consent or joinder of the owners of any other tracts of land in the District. CADocuments and SettingslLeelWy Documentst4nna MgffDevelopment-Planning lssueslZoning12004102-Town Center (Betz)1"Approved Zoning Ordinance-FinaLdoc Page 15 of 17 Section 6. If provisions of the City of Anna Zoning Ordinance conflict with the provisions of this ordinance, the provisions of this ordinance shall supercede. Section 7. The official Zoning Map, Thoroughfare Plan, and Master Plan of the City of Anna shall be amended to reflect the change in zoning, land use and thoroughfare patterns, described herein. Section 8. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED on this the th day of L/k Af.- 4 , 2004, by the following vote of the City Council of the City of Anna, Texas, avEs It NAYS o ABSTAIN o APPROVED: ATTEST: r City Se retary Q,Wocuments and Settingsl e,6IMy DocumentA4nna Mgtl^Development-Planning lssueslZoning12004102-Town Center (Betz)1^Approved Zoning Ordinance-Final.doc Page 16of17 Attachments to PD Exhibit "A" Legal Description Exhibit "B" Sub- District Map Exhibit "C" Concept Plan Exhibit "D" Land Use Matrix Exhibit "E" Alternative Road Alignments Exhibit "F Landscape Requirements C.-Wocuments and SettingsV-eeIlMy Documentst4nna Mgtl^Development-Planning lssueslZoning12004102-Town Center (Betz)1"Approved Zoning Ordinance-FinaLdoc Page 17 of 17 EXHIBIT A Legal Description SITUATED in the State of Texas, County of Collin, being part of the Grandison Stark Survey, Abstract No. 798, being a 40 acre tract of land as recorded under County Clerk No. 2004-0032912, a 23.80 acre tract as recorded under County Clerk No. 2004- 0030425, a 129.92 acre "Tract 1" as recorded under County Clerk No. 2004-0038965, a 36.30 acre tract as recorded under County Clerk No. 2004-0038962, a 40.5756 acre tract as recorded in Volume 5618, Page 2878 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at the northwest comer of said 40 acre tract in the southeast right-of- way line of a D.A.R.T. Railway and also being the southwest comer of a 159.124 acre tract as recorded in Volume 4942, Page 511 of the Collin County Land Records; THENCE with the north line of said 40 acre tract, said 23.80 acre tract, and the south line of said 159.124 acre tract, North 88° 16' 17" East, 2918.98 feet to the northeast comer of said 23.80 acre tract and the northwest comer of 43.67 acre tract as recorded under County Clerk No. 2004-0109810 of the Collin County Land Records; THENCE with the east line of said 23.80 acre tract and the west line of said 43.67 acre tract, South 01 °40'25" East, 926.01 feet to the southeast corner of said 23.80 acre tract, the southwest comer of said 43.67 acre tract and being in the north line of the aforementioned 219.92 acre "Tract I"; THENCE with the north line of said 129.92 acre "Tract I", the north line of the aforementioned 36.30 acre tract and the south line of said 43.67 acre tract, North 89007'53" East, 1323.42 feet to the northeast comer of said 36.30 acre tract and the northwest corner of La Paloma Addition, an addition to Collin County as recorded in Volume C, Page 418 of the Collin County Map Records; THENCE with the east line of said 36.30 acre tract and the west line of said La Paloma Addition, South 00°26'08" East, 1527.90 feet to the southeast corner of said 36.30 acre tract, the southwest comer of La Paloma Addition, and being in the north line of Morrison's 133.73 acre tract; THENCE with the south line of said 36.30 acre tract, said 129.92 acre "Tract 1" and the north line of Morrison's 133.73 acre tract as follows: North 88058'33" West, 15.93 feet and South 8805953" West, 1884.00 feet to the northwest comer of Morrison's 133.73 acre tract in the east line of Stratton's 36.916 acre tract and the east margin of County Road 422; THENCE with a west line of said 129.92 acre "Tract I", an east line of Stratton's 36.916 acre tract, and the east margin of County Road 422, North 00°00'07" East, 18.35 feet to the northeast comer of Stratton's 36.916 acre tract; THENCE with the north line of Stratton's 36.916 acre tract, a south line of said 129.92 acre "Tract 1", and the north margin of County Road 422, North 89°59'53" West, 951.30 feet to an interior corner of the herein described premises; THENCE crossing County Road 422, South 00°19'00" East along the east line of the aforementioned 40.5756 acre tract and Stratton's 36.916 acre west line a total distance of Page 1 of 2 1357.97 feet to the southeast comer of said 40.5756 acre tract, Stratton's southwest comer, and being in the Warne's 20.16 acre tract; TI.NCE with the south line of said 40.5756 acre tract, Warne's north line, the north line of Price's 6.00 acre tract as recorded under County Clerk No. 93-0007843 of the Collin County Land Records, and the north line of Frank's 10.154 acre tract as recorded under County Clerk No. 96-0067663 of the Collin County Land Records, North 89°50'00" West, 1338.31 feet to the southwest comer of said 40.5756 acre tract, the northwest comer of Frank's 10.154 acre tract, and being in the east line of Cunningham's 19.211 acre tract as recorded in Volume 4802, Page 3435 of the Collin County Land Records; THENCE with the west line of said 40.5756 acre tract and the east line of said 19.211 acre tract, North 00°41'48" West, 1354.20 feet to an interior corner of said premises in the north margin of County Road 422 and being in the south line of the aforementioned 129.92 acre "Tract I"; THENCE with the south line of said 129.92 acre "Tract 1" along the north margin of County Road 422, South 89°59' 53" West, 855.36 feet to the southwest comer of said 129.92 acre tract in the southeast right-of-way line of the aforementioned D.A..R.T. Railway; THENCE with the southeast right-of-way line of said D.A..R.T. Railway along the west line of said 129.92 acre tract and the west line of the aforementioned 40 acre tract, North 18009238" East, 2483.25 feet to the point of beginning and containing 271.82 acres of land. Page 2 of 2 Exhibit "B" Sub- District Map C LEGEND: � '� mm¢, A-wwllYx NN4O lWlli Yoxe // -. vnnmr..Anuxvxc¢.AwuxoxF / n�R c. Xxcu rA.n.r v.rvsrtrowl aox. / /, ®M,T.IR III. in.M lvrfl. nnIACFXC\YnNI ! WnfIRF iI1VXl'.lMtl.. AflAll]11XF Imanrr em. \o.x erm.A eoxF I ®msnlRl ulTmcn.Xmx.Rlx6YY CIVIC 0.9Eh ANNA NEW TOWN CENTER EXWBIT'CC ONCE PT DEVELOPMENT PLAN EXHIBIT "D" LAND USE MATRIX LEGEND FOR INTERPRETING SCHEDULE OF USES X Designates use permitted in district indicated. Designates use prohibited in district indicated. S Designates use which may be approved as Specific Use Permit. Residential Uses A B C D E F G H Single Family X X X X X X X Duplex X X X X Multi -Family X X X X Townhome X X X X Lodging and boarding house S X X Hotel and motel X X Retirement housing S X Utility and Service Uses A B C D E F G H Utility installation other than listed S S S S S S Governmental installation .other than listed S S X S S S X S Local utilities X X X X S X X X Electrical substation S S S S S S Electrical energy generating plant Radio, television or microwave tower S S S S Commercial radio or television transmitting station S S S S X Sewage pumping station S S S S S S S S Sewage treatment plant Telephone exchange, switching and transmitting X X X S X S X e ui ment Water reservoir, well or pumping station S S S S S X S Water treatment plant I I S I S Transportation Uses A B C D E F G H Passenger bus station and terminal S S S S S S X X Bus passenger shelter X X X X X X X X Railway passenger station, not including railroad X X and storage yards Heli ort S All District areas are as shown on Exhibit B Helistqp Community Service Uses A B C D E F G H Community, welfare or health center S S S X X Foster home S S X Child care facility X X S S X X S X Medical Uses A B C D E F G H Establishment for care of alcoholic, narcotic, or psychiatric patients X X X X Convalescent and nursing homes and related X X X X institutions X X X X Medical clinic or ambulatory surgical center X X X X Medical or scientific laboratory X X X X Optical shop X X X X Medical appliance fitting and sales X X X X Ambulance service X X X X Hospital I X Religious Uses A B C D E F G H Churches, synagogues, temples X X X X X X X Rectory X X S Convent or monastery S S Establishment of religious, charitable, or S S S philanthropic nature Educational Uses A B C D E F G H Public or private school X X X X X X X X Institution forspecial education X X X Business school X X X S S S X Technical school X X X S S S X College, universityor seminary X X S S S X College fratemity or sorority house S S S College dormitory S S S S S S Library, art gallery, or museum X X S X X X X Recreation and Entertainment Uses A B C D E F G H Public park or playground X X X X X X X X Game court center X X X X X X X X Private recreation club or area X X X X X X X X y club with peivate membership Countr X X X X X X X X All District areas are as shown on Exhibit B Inside commercial amusement X X X X Outside commercial amusement X X Theatre other than cinema X X X X 2 screen cinema X X X X Multi -screen cinema more than 2 X X Carnival or circus(temporary) S S S S Wax Museum X X X X Public Golf Course Am hitheater X X I X X Bar and Restaurant Uses A B C D E F G H Bar, lounge or tavern X X X X Restaurant with alcoholic beverages and/or X X X X entertainment dine -in only) Restaurant without alcoholic beverages and/or X X X X entertainment dine -in only) Drive-up/drive-through restaurant X X X X Restaurant without drive-in service X X X X Private club X X X X Catering service X X X X Professional, Personal Service A B C D E F G H and Custom Craft Uses Office X X X X Temporary construction or sales office S S S S Bank or savings and loan office (w/out drive-in X X X X window Bank or savings and loan office with drive-in X X X X window Trade center X X X X Barber and beauty shop X X X X Mortuary or funeral home X Health studio X X X X Custom cleaning shop X X X X Commercial cleaning shop X X X X Self service laundry or dry cleaning X X X X Commercial laundry or d cleaning S S S X Laundry or cleaning pick-up and receiving station X X X X Key shop X X X X Shoe repair S X X X Tailor, custom sewing and milinery S X X X Taxidermist S S S S Travel bureau X X X X Broadcasting or recording studio X X X X Instructional arts studio X X X X Handcrafted artwork studio X X X X Handcraft bookbinding X X X X All District areas are as shown on Exhibit B Photography studio X X X X Safe deposit boxes X X X X Commercial mailboxes X X X X Commercial wedding chapel S S S S Retail Uses A B C D E F G H Retail stores other than listed X X X X Antique shop X X X X Art Oalleries commercial X X X X Retail food store X X X X Bakery or confectionary shop X X X X Book and stationary store X X X X Camera shop X X X X Cigar, tobacco -and candy store X X X X Clothing store X X X X Drugstore X X X X Liquor store X X X X Florist store X X X X Feed store X X X X Petshop X X X X Fumiture store X X X X Second hand store X X X X Pawn shop S S S S Hardware orsporting goods store X X X X Home improvement center X X X X Hobby and art supplies store X X X X Paint and wallpaper store X X X X Swimming pool sales and supply X X X X Motor Vehicle Related Uses A B C D E F G H Auto parts sales inside only) S S S X Auto or motorcycle display, sales and service X inside Auto or motorcycle display, sales and service X outside Car wash S S S X Service station X X X X Surface parking X X S X All District areas are as shown on Exhibit B ParkM2 garage X X X X Commercial parking lot or garage X X X X Commercial Uses A B C D E F G H Appliance fix -it shop X X X X Custom furniture construction, repair, or X X X X upholstery shop X Building repair -and maintenance shop S S S X Tool and equipment rental inside X X X X Job prinflng, lithographer, printhg or blueprinting S S X X Plant Duplication shop X X X X Custom print shop X X X X Gummed label printing S S S X Venetian blind or window shade repair, assembly, X X X X and sales X Computer service center X X X X Custom commercial engraving X X X X Garden shop, plant sales, or greenhouse X X S X Diamond and precious stone sales X X X X Design or decorative center X X X X Animal Related Uses A B C D E F G H Veterinarian's office X X X X Animal clinic with outside run I X Animal clinic without outside run S S X X Kennel without outside run S S I S S Industrial, Warehouse and A B C D E F G H Manufacturing Uses Temporary concrete or asphalt batching plant S S S S Light fabrication and assembly S S S S All District areas are as shown on Exhibit B Clothing manUtictuting S S S S Bedspread, drapes, headboard manufacturing S S S S Warehouse S S S S Mini -warehouse S S S S Manufacturing Laboratory S S S S Accessory Uses A B C D E F G H Game court(private use only) S S S S S S Swimming pool(private use only) S S S S S S S Christmas tree sales X S X S X S Comm'un' .center . rivate use only) S S S S .S S S Private streets or, alleys S S S S S S S S Farmers market temporary S S S S S S A ricultural X X X X X X X X Street, fairs -(temporary) S S S S S S Home occupation X X X X X X X X Occasional 'sales : (garage sales X X X X Amateur communication tower S S S Private Stables i S All District areas are as shown on Exhibit B e f / f [a it I Exhibit F Landscape Requirements ;ec. 41-211. Landscape requirements. 1) Purpose. Landscaping is accepted as adding value to property and Is In the interest of the general welfare of the city. herefore, landscaping is hereafter required of new developmenL 2) Scope and enforcement. (a) The provisions of this section shall be administered by the director of planning or designee. The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction or any existing development which is altered by Increasing the floor area by 30 percent or more of the originally approved floor area, either by a single expansion or by the cumulative effect of a series of expansions. (b) All uses which are a conversion or change In use requiring the expansion of or significant Improvements to meet parking standards shall upgrade landscaping on the site and meet these requirements to the extent practical. (c) Uses within the downtown commercial historic district CHD shall be exempt from the landscape requirements set forth ---herein, unless It is determined by the historic preservation officer that these standards are achievable and would contribute to the historic appearance and/or qualities that are Inherent to the districL (d) Airport uses shall comply with the requirements of this section, but the standards may be modified If It In keeping with the intent of a bind mitigation program for the city airport, in order to reduce conflicts between birds and aircraft. (a) if at any time after the Issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria as approved on the landscape plan, the chief building Official shall Issue notice to the owner, citing the violation and describing what action Is required to comply with this section. The owner(s), --tenant(s), and/or agents) shall make reasonable progress within 30 days from date of said notice and shall have 90 days to completely restore the landscaping as required. A 3"ay extension may be granted by the chief building official €f a hardship due to extreme seasonal conditions can be demonstrated by the owner(s), tenant(s), and/or agent(s). If the landscaping is not restored within the allotted time, such person shall be held in violation of this chapter. 3) Permits. (a) No permits shall be issued for building, paving, grading, or construction until a detailed landscape plan Is submitted _and approved by the director of planning or designee. Prior to the Issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be In place in accordance with the landscape plan and a digital copy of the Landscaping as Installed shall be provided to the planning department for permanent record. (b) In any case in which a certificate of occupancy is sought at a season of the year In which the director of planning determines that it would be Impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be Issued, if a letter of agreement from the property owner Is provided stating when the Installation shall occur. All landscaping required by the landscape plan shall be Installed within six months of the date of Issuance of the temporary certificate of occupancy or the site shall be deemed to be In violation of this chapter and the temporary certificate of occupancy shall be revoked. 4) Landscape plan. (a) . A landscape plan shall be shown as part of the site plan as required In section 41-39. Prior to the Issuance or a building permit, paving, grading, or construction permit for any new use, a final landscape plan shall be submitted to the -ptanndng department. The director of planning Or designee shall review such plans and shall approve same If the plans are In accordance with the criteria of these regulations and the approved site plan. If the plans are not In accord, they shalt be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. (b) Landscape plans shall be prepared by a person knowledgeable In plant material usage and landscape design (e.g. --landscape architect, landscape contractor, landscape designer, etc.). Conceptual and final landscape plans shall contain the minimum following Information: 1. Minimum scale of one Inch equals 40 feet, or the same scale as the associated site plan; 2. Location, size, and species of all trees to be preserved (do not use'tree stamps° unless they Indicate true size and location of trees); 3. Location of all plant and landscaping .material to be used, Including plants, paving, benches, screens, fountains. statues, earthen berms, ponds (to Include depth of water), topography of site, or other landscape features (except that location of plants and landscaping materials may be generalized an a conceptual landscape plan); ff. species, size, spacing, ano quantities or an plant matenai to oe useo in a taouiar Corm (except tnat conceptual landscape plans may provide general plant types In4ieu-of species); 5. Affidavit on the plan stating that Irrigation, sprinkler, or water systems, including placement of water sources, shall be provided; 8. Person(s) responsible for the preparation of the landscape plan, Including affidavit of their qualifications to prepare said plan; 7. Mark Indicating north; Date of the landscape plan, including any revision dates; Planting details Percentage of total site In permanent landscaping; 10. Percentage of street yard In permanent landscaping; 1. Dimensions of all landscape areas; 2. Number of required trees and number of trees provided; 13. Location of all existing and planned overhead and underground utilities shall be shown on the landscape plan (or on an accompanying utility plan drawn at the same scale, if necessary for clarity). 5) General standards. _(a) The following criteria and standards shall apply to landscape materials and Installation. For the purposes of this section, caUper shall be defined as the diameter measurement of a tree trunk 1. Required landscaped open areas shall be completely covered with living plant material. Non -living landscaping materials such as wood chips and gravel may be used only ureter trees, shrubs,. and other plants. 2. Plant materials shall conform to the standards of the approved plant list for the city (see appendix A: section A- 1). Grass seed, sod and other material shall be dean and reasonably free of weeds and noxious pest and Insects. a. To promote prudent use of the ciVs water resources and reduce the need for additional water system Infrastructure, additional water resources and water purification systems, and to help Insure viability of required plantings during periods of drought, required landscaping shall comply, where feasible, with the following requirements designed to reduce water usage~. h. Required plant materials shall be selected from those Identified as xeriscape plants on the approved plant list for the city (see appendix A). c. Where specific conditions reduce the likelihood that any of these plant materials wip survive, other plants on the list may be substituted. d. Other plants not on the list may be substituted at the discretion of the. director of planning. The applicant may be required to provide substantiation as to the hardiness, adaptability, and water demands of the plant when used In this area. 0. For maximum reduction In water usage, xedscape plants should not be interspersed in plant massings with plants requiring higher water usage. f. Applicants should design Irrigation systems and watering schedules which supply the appropriate amount of water without overwatering. 3. Ornamental trees shall have a minimum spread of crown of greater than 15 feet at maturity. Ornamental trees aving a minimum mature crown of less than 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet of crown width. Canopy trees shall have a minimum spread of crown of 25 feet at maturity. A. Large trees shall be a minimum of three inches In caliper as measured 24 Inches above the ground and seven feet In height at Cone of planting. 5. Small trees shalt be a minimum of one Incii In caliper as measured 24 Inches above the ground and five feet to height. R Shrubs not of the dwarf variety shall be a minimum of two feet In height when measured immediately after planting. 7. Hedges, where installed for buffering purposes required by this section, shall be planted and maintained so as o form a continuous, unbroken, solid visual screen which will be three feet high within two years after time of planting. R. Landscaping, except required grass and tow ground cover, shall not be located closer than three feet from the edge of any parking space. 9. Evergreen vines not Intended as ground cover shall be a minimum of two feet in height Immediately after ---`planting and may be used In conjunction with fences, screens, or walls to meet landscape screening and/or buffering requirements, as set forth herein and as approved by the director of planning. 10. Grass areas shall be sodded, plugged, sprigged, hydro -mulched, or seeded, except that solid sod shall be used In swales, or when necessary to prevent erosion. Grass areas shall be established with complete coverage within a six-month period of time from planting, and shall be re-established, if necessary, to ensure grass coverage of all areas. 11. Ground covers used Indfeu-of grass shall be planted to such a manner as to present a finished appearance and reasonably completed coverage within one year of planting. (b) All required landscaped open space shall be provided with an automatic underground irrigation system. except for required landscaping In single-family or two-family development Said irrigation system shall be designed by a qualified professional and installed by a licensed Irrigator after receiving a permit, as may be required under the construction code. (c) Earthen beans shall have side slopes not to exceed 3:1 (three feet of horizontal distance for each one foot of height). All berms shall contain necessary drainage provisions, as may be required by the city engineer. (d) No tree shall be planted closer than four feet to a right-of-way line nor closer than eight feet to a public utility line (water or sewer), unless no other allemative is available. Further. a landscaping area In which trees are to be provided shall not conflict with a utility easement, unless no alternative Is available. (e) No tree which has a mature height of 25 feet or greater shall be planted beneath an existing or proposed overhead utility line. ;6) M kiimum landscaping requirements. _(a) For all nonresidential and multiple -family at least 15 percent of the street yard shall be permanent landscape area. The street yard shah be defined as the area between the front property tine and the minimum front set back line. (b) For all nonresidential and multiple -family parcels located at the intersection of two dedicated public streets (rights -of- -way), a 600 square foot landscape area shall be provided at the Intersection comer, which can be counted toward the 15 percent requiremenL mac) For afl nonresidential and muldplefamily parcels. a minimum of 10 percent of the entire site shall be devoted to living landscape which shall Include grass, ground ever, plants, shrubs, or trees. mod) Landscape setbacks on thoroughfares. 1. Landscape setbacks on street rights -of -way other than major thoroughfares. For all non-residential and multiplefamily parcels, a minimum ten -foot landscape buffer adjacent to the right-of-way of any street other than a major thoroughfare is required. If the lot is a comer lot, all frontages shall be required to observe the ten -foot buffer. Slight variances may be allowed to the minimum tenfoot landscape buffer In unusual circumstances, as approved on the site plan. 2. Landscape setbacks on major thoroughfares. For nonresidential and multiple-famly parcels. a minimum 20- fact landscape buffer adjacent to the right-of-way of any major thoroughfare Is required If the lot Is a comer lot, all frontages shall be required to observe the 20-foot buffer. For the purposes of this section, a major thoroughfare Is any proposed or existing thoroughfare with an ultimate right-ef-way width of 60 feet or greater. 3. If unique circumstances exist which prevent strict adherence with this requirement, the city council may consider a granting of a variance during the site plan approval process to reduce the minimum 20foot landscape per to a minimum of ten feet, provided that site design considerations have been Incorporated to mitigate the Impact of the variance. Unusual circumstances Include, but are not limited to: Insufficient lot depth or size of the existing lot, existing structures and drives, and floodplain and existing trees to be preserved. A variance may be granted if: Unique circumstances exist on the property that make application of this Item unduly burdensome on rl n n . ... I. . . - - •- •. - . . . . uw "tn'levo t, GI IY b. The variance will have no adverse Impact on current or future development, and c. The variance is In keeping with the spirit of the zoning regulations, and will have a minimal Impact, if any, on the surrounding land uses, and U. The variance will have no adverse impact on the public health, safety and general welfare, and e. A financial hardship shall not be considered a basis for the granting of a variance. (e) For all nonresidential and muiUple4amily parcels, developers shall be required to plant one large tree (minimum of '—three-Inch caliper and seven feet high at time of planting) per 40 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered to facilitate site design. (Q Landscape areas within parking lots should generally be at least one parking space In size (180 square feet). (g) No landscape area counting toward minimum landscaping requirements shall be less than 25 square feet In area or less than rive feet in width. (h) For all nonresidential and multiplefamily parcels, Internal landscape areas shall: 1. Equal a total of at least eight square feet per parking space; 2. Have a landscaped area with at least one tree within 65 feet of every parking space; 3. Have a minimum of one tree planted In the parking area for every ten parking spaces within parking lots with more than 20 spaces. (i) Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate -circulation patterns. A landscape island shall be located at the terminus of each parking row, and should contain at least one tree. Ali landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs. Q) All existing trees which are to be considered for credit shall be provided with a permeable surface (a surface which does not Impede the absorption of water) within a minimum rive -foot radius from the trunk of the tree. All new trees shall be provided with a permeable surface under the dripUne a minimum two and one -half -foot radius from the trunk of the tree. (k) At least 75 percent of the frontage of parking lots, adjacent to a public right-of-way, within the street yard shag be screened from public streets with evergreen shrubs attaining a mtntmurn height of three feet, an earthen berm of a minimum —height of three feet, a low masonry wall of a minimum height of three feet, or a combination of the above with a minimum combined height of three feet. A wall used for parking lot screening should be accompanied with landscape planting In the form of low shrubs and groundcover to soften the appearance of the wall. __(1) A minimum of 50 percent of the total trees required for the property shall be large (minimum three4nch caliper, seven feet In height at time of planting) canopy trees as specified on the approved plant list (see appendix A: secilon A-1). (m) Necessary driveways from the public right-of-way shall be allowed through all required landscaping areas in accordance with City regulations. Shared drives shall be allowed through perimeter landscape areas. (n) For all nonresidential and multi family parcels, whenever an off-street parking area or vehicular use area abuts an —adjacent property line, a perimeter landscape area of at least fire feet shall be maintained between the edge of the parking area and the adjacent property fine. (o) Whenever a nonresidential use, mobile home use, or multiple family use is adjacent to a property used or zoned for single tamlly or duplex residential use, the more Intensive land use shag provide a landscaped area of at least ten feet In width along the common property line planted with one large tree (minimum three-inch in caliper and seven feet in height at time of planting) for each 40 linear feet or portion thereof of adjacent exposure. (p) Evergreen shrubs (acceptable for six-foot screening) shag be provided around dumpster screening wall, and the plant materials must be a minimum of three feet In height at the time of planting, unless not visible from public right-of-way or a public use area. (q) For all single4amily and duplex parcels, builders shag be required to plant two large trees (minimum of three-inch �fiper and, seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. Existing quality trees of at least three-inch caliper size located on the lot shall count to meet this standard If appropriate tree protection measures have been followed. T) Tree preservation. _(a) Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section for that area within which they are located, according to the following table: ABLE INSET: COW of Treo CraH Agdrd 7= Rc b" to Ir 2 bars tr to 15' 3 trees Ir Co V 4 Um M* r 5 hers 4r or mom left= For purposes of this section, caliper measurement shall be taken at a height of four and one-half feet above the ground, and shall be rounded to the nearest whole number. (b) Existing trees may receive credit if they are not on the city's approved plant material list but approved by the director of planning or designee; however, trees must be located within the landscape area to which credit Is applied. mac) Any tree preservation proposed shall designate the species, size, and general location of all trees on the conceptual or general landscape plan. The species, size, and exact location shall be shown on the final landscape plan. (d) During any construction or land development, the developer shall clearly mark all trees to be maintained and may be _required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the drip line of any trees. This Is not intended to prohibit the normal construction required within parking lots: (a) During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any We or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, cH, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups.of trees to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree. :8) Sight distance and vtsfWRy. (a) Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an Intersection of two or more streets or driveways occur, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross -visibility at a level between two feet and six feet. Trees may be permitted In this area provided they are trimmed In such a manner that no limbs or foliage extend Into the cross -visibility area. The triangular areas shall comply with the sight Wangle illustrations In this chapter (See illustrations: illustration 10). (b) In the event other visibility obstructions are apparent In the proposed landscape plan, as determined by the director of planning, the requirements set forth herein may be modified to ellminate the conflict. ,9) Maintenance. (a) The owner(s), tenant(s), and/or their agent(s), If any, shall be Jointly and severally responsible for the maintenance of ---11 landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to: 1. Mowing (of grass of six Inches or higher); 2. Edging; Pruning; 4. Fertilizing; 5. Watering; Weeding; and 7. Other such activities common to the maintenance of landscaping. (b) Landscape areas shall be kept free of trash, litter. weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained In a healthy and growing condition as is appropriate for the season of the year. _(c) Plant materials used to meet minimum required landscaping provisions which die or are removed for any reason shall be replaced with plant material of similar variety and size, within 98 days. 1. Trees with a trunk diameter In excess of six Inches measured 24 Inches above the, ground may be replaced with trees of similar variety having a minimum trunk diameter of three Inches measured 24 inches above the ground. 2. If any tree which was preserved and used as a credit toward landscaping requirements Is later removed for any -----reason, it shall be replaced by the number of tress for whlFit it was originally credited. Replacement trees shall have a minimum trunk diameter of three Inches measured 24 Inches above the ground. 3. A time extenslon may be granted by the director of planning If substantial evidence is presented to Indicate abnormal circumstances beyond the control of the owner, tenant, or his agent I I SCALE:1" - 50' 3 RR M W�C.p ��.IDEaeF.L Iu eaM.muax�s..r.. L N ,n M x C r N � C uv CL ,1 eaw:w Y Q U T � c I C ijjF����i�! LA RR w. w, n.nN nMrv.u.mM. HmTv v.'..u:w EXHIBIT 3 JHP 04/27/2022 Lauren Mecke City of Anna - Planning Department Anna, Texas Exhibit — A (rev.04/27/22) Requested Variances from MF-2 Regulations for Serenity at the Square in Anna, Texas Via Email tolmecke@annatexas.gov 1. Parking: Multifamily Residential parking to be: a) 1-bedroom or less: 1 parking space/unit b) 2 & 3 Bedrooms: 2 parking space/unit c) 0.25 parking spaces per unit for Guest Parking - Based on Comparable Residential Developments this is sufficient for residential parking. - There is prior precedence for allowing parking variances 2. Covered Parking: Required Covered Parking of 50% of required parking spaces (reduced from 75%) Requested variance for covered parking due to site constraints. Covered Parking to be provided with enclosed garages, covered tuck -under parking and Carports throughout the site 3. Refuse Facility: Development shall have a minimum of one compactor onsite and owner commits to providing refuse container/s that shall be maintained in a manner to satisfy city public health and sanitary regulations. The refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. Owner will provide a minimum 30 cubic yard compactor and separate recycling container/s. The refuse facility shall be screened from view on 3 sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than 7 feet nor more than 8 feet in height or by an enclosure within a building. The Refuse facility shall be located so as to provide safe and convenient pickup as well as resident access. - Development will utilize a valet waste service to collect residents' trash directly on scheduled days. - Refuse facility may be located greaterthan 250ft from some residential units 4. Landscape Setback: The landscape buffer along Finley Boulevard shall be waived where parallel parking is proposed adjacent to Finley Boulevard. 5. Maximum Allowed Height: For sub -district D, 3-story multi -family structure shall be allowed. 8340 Meadow Road Architecture / Urban Design Suite 150 }hparch.com Dallas, Texas 75231-3766 214 363-5687 EXHIBIT 3 Masonry Wall Requirement: Masonry wall requirement along the eastern property boundary shall be waived. In its place, a lo' landscape buffer and a 6' wrought iron fencing with masonry columns every 5o' is proposed 7. Commercial/Retail Requirement: There shall be no commercial/retail requirement for multi- family structures within sub -district F. - Sub -district F (with an odd shaped "triangular" boundary) requires any Multifamily Building to contain a Commercial Component, we have moved the Retail uses to Sub- district I which is adjacent to Finley Boulevard and more conducive to retail traffic/uses. Sub -district I does not require retail for 3-4 story height. We are meeting the intent of the overall ordinance but placing the retail in sub -district I versus F- in an economically more viable location. Sincerely, jHP LM W. Brian Keith; AICP, AIA Principal — Director of urban design/planning Copy: Olivia Demings (ODemings@annatexas.¢ov); Sahil Kurji (sahil@slatecommercial.com); File Zoning-variance-exhibit-A_220427 8340 Meadow Road Architecture / Urban Design Suite 150 jhparch.com Dallas, Texas 75231-3766 214 363.5687 PROJECT DATA Residential(915 If avg) n wsniaLxxrvt Exs%R 320units NIF Units 289 units Flex Units 7 units Urban Flats 24 units Leasing/Amenity 8,000 sf. Retail 0. .a.R.xa 13,900O 546 sps m.Mn.vo Parking Required 56 sps wue Iw.•.exx,.a..D Total: 602 sps Surface: 274 sps Urban Flats Garages: 72 sps Parking Provided Tuck -Under Garages: 77 sps Carpons: 168 SITE Slip -In off Finley: 11 sps Total a.aa..vlan.n_w: 602 sps Tract 1. 9.92 acres Site Area (Gross) Tract 2: 1.1 acres Totak 11.02 ones Density I 29.04 units/ace Open Space Required 235,800 sf. Open Space Provided 240.400 s.f. rva>., uDN S IT E C ON D I T I O N S ,;,© Current zoning. PD-129 IR Aro Zoning District 2 Levels I+�nx Levy 3 Levels-50 max rvA.nxxwNs InB[tmiil Height Front yard: 20'IMFn.>r­v,Md Q 30' IMF. s-xARR, aagl Side yard BE Side yard comer. 0' Setback Rearyard: 0' 24 uniWacre (mal0 ava,M-NAMNR*. Density 36 units/acre (max) MMnputllM rtW W,k.=Ie%NMebMI 1 Y by vx d MF a4uauvs bMp tl aYMa pmbl ...' Residential: 2 sp. per unit ' Os%lvm.. FW.0~ Retail: 1 sp. per 250 s.f. Required Parldin Existing povier poles along Finley Blvd, assume 20' set back from the center Power Line Setback ® Assume 10,0DO SF On Tract 2 Detention 600 SF/14cr less) OR Unit a Open Space 300 SF/Es. additional BR over 1 1-n, epx Rum peSR ai .r{Ir Masonry Proposed Required masonry reduction from 75%to 50% 171 e O +`,`� a1111111111 I11 JHP AlchlunNo IDann DeLrn A FIRM WRH A VIBRANT a ExCI G CULTURE RECOGNItED FOR ELEVATED DESIGN / W Q H �Z OB Ia1 W W X X a aQz Z Y a —� Z' W G: J W IA SITE PLAN 04272022 0,