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HomeMy WebLinkAboutOrd 1024-2022 Rezone 65.0+- Acres, E of US HWY 75, 1,200+- ft S of W Whiite StCITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located on the east side of U.S. Highway 75, 1,200± feet south of W. White Street) ORDINANCE NO. l 0 2 L4- 90 a- a AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment from Caalms Group, 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 east side of U.S. Highway 75, 1,200f feet south of W. White Street is zoned Planned Development-C-1 Restricted Commercial; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances (the "Anna Code") are hereby amended by amending the zoning of the Property described in Exhibit 1 and as depicted in the Concept Plan on the attached Exhibit 2. 1. Purpose. The purpose of this Planned Development District is to facilitate the development of a high - quality Multiple -Family Residences and commercial project. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. 1. The location of the planned development zoning district shall be insubstantial conformance with the Concept Plan (Exhibit 2). 2. Tract 1A & 113, Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the C-2 General Commercial (C-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Restricted Uses: a. Residential Uses b. Educational, Institutional and Special Uses c. Transportation, Utility and Communications Uses d. Automobile and Related Service Uses e. Manufacturing, Storage and Warehouse Uses f. Engine and Motor Repair g. Feed and Farm Supply (inside sales/storage) h. Mortuary or Funeral Home i. Taxidermist j. Washeteria ii. As shown on the approved Concept Plan a Quasi -Public Street shall be constructed as part of the initial development on Tract 1 A (C-2 General Commercial District). a. Quasi -Public Street Definition: Quasi -public streets are privately owned and maintained drives open to public access. A quasi -public street easement shall be dedicated for all quasi -public streets, and a fire lane shall be located within all quasi -public street easements. On -street parking and sidewalks provided along quasi -public streets shall be located within the quasi -public street easement. Lots may derive required street frontage from quasi -public streets and maybe platted to the centerline of the quasi -public streets. b. Lots with frontage on the quasi -public street must orient buildings to the quasi - public street. 2 c. Buildings must have a minimum of 75% of their fagade within 30 feet of the back of curb unless restricted by easements. Where easements are present, a minimum of 75% of each fagade must be built to the easement line. d. Sidewalks and street trees must be provided along both sides of the quasi -public street. A clear pedestrian path of 6 feet in width shall be maintained in this area. Street trees are required at the rate of one tree per 40 linear feet. Trees shall be placed in planting beds or tree grates within 5 feet of the back of the street curb. Trees, landscaping, outdoor dining areas, bicycle racks, and street furniture may be placed within the sidewalk but may not reduce the clear path width. e. The quasi -public street shall be located and designed in substantial conformance to Exhibit 3: Quasi -Public Street Exhibit. iii. Tracts 1 A & 1 B (C-2 General Commercial) shall be exempt from the THOR Thoroughfare Overlay District zoning ordinance. 3. Tract 2, Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-2 Multiple -Family Residential — High Density (MF--2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 3-story / 45 feet ii. Side yard interior (feet): Min. 0 - 3 feet from the Quasi -Public Street along the western property boundary. iii. Parking: a. 2 parking spaces per dwelling unit b. Visitor parking not required c. 50% of required parking must be covered (Garage or Carport) iv. Refuse Facilities: Multiple -family buildings will be served by valet trash service with one trash compactor contained onsite. v. The front building face of multiple -family buildings located adjacent to the Quasi -Public Street shall be oriented toward the Quasi -Public Street. 3 vi. With the exception of patios and balconies, fencing is not permitted in front of any building face fronting along the Quasi -Public Street. vii. Screening not required along northern property boundary line. 4. Tract 3, Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-1 Multiple -Family Residential — Medium Density (MF-1) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Parking: a. 2 parking spaces per dwelling unit b. Visitor parking not required c. 50% of required parking must be covered (Garage or Carport) ii. Refuse Facilities: Multiple -family buildings will be served by valet trash service with four enclosed dumpster locations contained onsite. iii. Screening: a. Six-foot board on board wood fencing with masonry columns every 50 linear feet along Throckmorton Boulevard. b. Six-foot ornamental fence with masonry columns every 50 linear feet along Throckmorton, along with interior landscaping when not adjacent to unit backyards. c. Six-foot ornamental fence with masonry columns every 100 linear feet along the eastern property boundary line. d. Six-foot masonry screening wall along the southern property boundary line. iv. Building separation (feet): minimum 8 feet. All buildings that are separated by less than 10 feet must be sprinklered per NFPA, NCTCOG, and local fire code amendments. V. Signage: Two (2) monument signs along Throckmorton Boulevard. Section 3. Official Zoning Map 4 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, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 13th day of December 2022. ATTESTED: Carrie L. Land, City Secretary 1911 AAPPROVED: Pike, Mayor EXHIBIT 1 LEGAL DESCRIPTION - OVERALL BEING a parcel of land situated in the City of Anna, Collin County, Texas, out of the Thomas Rattan Survey, Abstract No. 782, being all of that called 64.847 acre parcel of land described by Special Warranty Deed with Vendor's Lien to Caalms Group, LLC, as recorded by County Clerk's File No. 20180904001111350, as affected by that Statutory Correction Affidavit recorded by County Clerk's File No. 20180906001124710, both of the Official Public Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the southwest corner of said 64.847 acre parcel and the northwest comer of the remainder of that called 67.53 acre parcel of land (called "The Coffman Place") described by Special Warranty Deed to MJLA Adams, Ltd., as recorded by County Clerk's File No. 20110505000462590, Official Public Records, Collin County, Texas, the same lying in the east right-of-way line of United States Highway No. 75 (US-75; a variable width public right-of-way); THENCE along said east right-of-way line as follows: North 07 degrees 37 minutes 29 seconds East, a distance of 175.48 feet to a point for corner from which a 4" brass disc found stamped "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." bears South 48 degrees 36 minutes 52 seconds West, a distance of 0.25 feet; North 00 degrees 29 minutes 59 seconds East, a distance of 201.56 feet to a point for corner from which a 4" brass disc found stamped "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." bears South 55 degrees 10 minutes 10 seconds West, a distance of 0.30 feet; North 07 degrees 37 minutes 29 seconds East, a distance of 600.00 feet to a point for corner from which a 4" brass disc found stamped "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." bears North 80 degrees 21 minutes 21 seconds West, a distance of 0.52 feet; North 05 degrees 54 minutes 23 seconds East, a distance of 100.05 feet to a 5/8 inch iron rod with red plastic cap stamped "SCI" set; North 07 degrees 37 minutes 29 seconds East, a distance of 534.76 feet to a point for the northwest comer of said 64.847 acre parcel and the southwest comer of that called 0.10 acre parcel of land described by General Warranty Deed to Anna 31 Retail, LP, as recorded by County Clerk's File No. 20151123001472990, Official Public Records, Collin County, Texas, same being the southwest corner of Lot 3, Block A, Anna Retail Addition, an addition to the City of Anna, Collin County, Texas, according to the Final Replat thereof recorded by Volume 2022, Page 158, Map Records, Collin County, Texas; THENCE, departing said east right-of-way line and along the common line of said 64.847 acre parcel and said Anna Retail Addition (replat), North 88 degrees 57 minutes 44 seconds East, at a distance of 91.60 feet pass a point from which a 5/8 inch iron rod with yellow plastic cap stamped "DC&A" found for the southeast corner of said 0.10 acre parcel bears South 01 degrees 02 minutes 16 seconds East, a distance of 0.60 feet, and continuing for a total distance of 1635.70 feet to a 5/8 inch iron rod at broken fence comer post found for the common corner of said 64.847 acre parcel and said replat, said point also being an angle break in the west line of that called 50.769 acre parcel of land described by Warranty Deed with Vendor's Lien to Anna 51 Joint Venture, as recorded by County Clerk's File No. 20150120000064460, Official Public Records, Collin County, Texas; THENCE, along the common line of said 64.847 acre parcel and said 50.769 acre parcel, South 01 degrees 56 minutes 16 seconds East, at a distance of 1395.16 feet pass a 5/8 inch iron rod with orange plastic cap stamped "REFERENCE COR" set, and continuing for a total distance of 1495.16 feet to a point in the approximate center of Throckmorton Creek; THENCE along the approximate center of said creek as follows: EXHIBIT 1 South 28 degrees 16 minutes 39 seconds West, a distance of 61.64 feet to a point for corner in the approximate center of said creek; South 25 degrees 56 minutes 04 seconds East, a distance of 58.94 feet to a point for corner in the approximate center of said creek; THENCE, departing said creek and along the south line of said 64.847 acre parcel, South 88 degrees 49 minutes 21 seconds West, at a distance of 150.00 feet pass a 5/8 inch iron rod with orange plastic cap stamped "REFERENCE COR" set, and continuing for a total distance of 935.92 feet to a point for comer from which a 5/8 inch iron rod found bears South 81 degrees 21 minutes 00 seconds West, a distance of 0.68 feet; THENCE, continuing along said south line, South 89 degrees 18 minutes 21 seconds West, at a distance of 394.95 feet pass the calculated point of intersection of the said south line and the north line of said "The Coffman Tract", and continuing for a total distance of 760.79 feet to a point for comer from which a 1/2 inch iron rod found bears South 70 degrees 24 minutes 37 seconds West, a distance of 0.71 feet; THENCE, continuing along the common line of said 64.847 acre parcel and said "The Coffman Tract", North 89 degrees 46 minutes 11 seconds West, a distance of 172.01 feet to the POINT OF BEGINNING, containing 2,824,691 square feet or 64.846 acres of land, more or less �.IN411110i �AlIA1411.N � j �ynlnrl�r Fr �� �p"1���' � , �NAv'li _e � SQL ��.,• tt � i4 V� �� � .. 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MTOx 9uxVlY OFN. ..weenmw e�.np.�.nm �in�vs COLLIN COUNTY.TIXgS G.ucl� un'uE' i.�i ea'Pr.l'lmmia Na,.nYr(]DIS CP l� 9' PARALLEL I ' I 9' PARALLEL PARKING 12' LANE 12' LANE PARKING QUASI STREET SECTION NOT -TO -SCALE za rwE 1 ! / PPOP. 5' I / 90flY11% IP4hVE Dal B Da Q7(nB iw1P W IIWNYABWi 90EIIi PAEE —n— -- -- --- _ _--- --� R3 9 XAflALLE (A YENTv PARKING (I)9) 1114 Q 2 APPROVED APPROVED U M c 'o DECEMBER 13,20" NOVEMBER7,2022 00 CRY COUNCI CRYOFANIW P8 COMMISSKJN GRYOF. 3Uc (OQa R EX.1 CITY OF ANNA PLANNING & ZONING COMMISSION December 13, 2022 Public Hearing: Zoning — NexMetro / SWBC Anna Applicant: CAALMS GROUP, LLC DESCRIPTION: Request to rezone 65.0± acres located on the east side of U.S. Highway 75, 1,200± feet south of W. White Street from Planned Development-C-1 Restricted Commercial District (PD-C-1) (Ord. No. 107-2003) to Planned Development (PD). The proposed zoning will be Planned Development with the following zoning district, each having modified development standards: • MF-1 Multiple -Family Residential — Medium Density • MF-2 Multiple -Family Residential — High Density • C-2 General Commercial District REMARKS: The applicant is requesting to rezone the subject property in order to allow for a multi -use development which will include multiple family and general commercial zoning with modified development standards. A Planned Development (PD) district is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. A concept plan (Exhibit A), NexMetro / SWBC Anna, accompanies this request. Surroundings Land Uses and Zoning North Vacant lot zoned C-2 and multiple -family residences zoned Planned Development - Multiple -Family Residential — High Density PD-MF-2 Ord. No. 972-2022. East Vacant land zoned Planned Development-C-1 Restricted Commercial (PD-C-1) Or. No. 978-2022. South Vacant lot zoned SF-E Single -Family Residential — Large Lot SF-E West U.S. Highway 75 and vacant land zoned C-1 Restricted Commercial. ZONING - NEXMETRO ! SWBC ANNA PAGE 1 OF 8 Proposed Planned Development Stipulations The requested zoning is Planned Development. This Planned Development is to allow for MF-1 Multiple -Family Residential — Medium Density, MF-2 Multiple -Family Residential — High Density, and C-2 General Commercial District, each with modified development standards. There are two primary parts to this request: land use and design standards. Land Use - The applicant is proposing to rezone the subject property to allow for a multi -use development. Design Standards — The language in the proposed PD district would allow for modified development standards associated with the multiple -family residential developments (Tracts 2 & 3) as well as limit uses associated with the future commercial development (Tracts 1 A & 1 B). Tracts 1A & 1 B: C-2 General Commercial District The overall C-2 development will include 26.8i acres of future commercial developable land. Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the C-2 General Commercial (C-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. 1. Restricted Uses: a. Residential Uses b. Educational, Institutional and Special Uses c. Transportation, Utility and Communications Uses d. Automobile and Related Service Uses e. Manufacturing, Storage and Warehouse Uses f. Engine and Motor Repair g. Feed and Farm Supply (inside sales/storage) h. Mortuary or Funeral Home i. Taxidermist j. Washeteria 2. As shown on the approved Concept Plan a Quasi -Public Street shall be constructed as part of the initial development on Tract 1 A (C-2 General Commercial District). a. Quasi -Public Street Definition: Quasi -public streets are privately owned and maintained drives open to public access. A quasi -public street easement shall be dedicated for all quasi -public streets, and a fire lane shall be located within all quasi -public street easements. On -street parking and sidewalks provided along quasi -public streets shall be located within the quasi -public street easement. Lots may derive required street frontage from quasi -public streets and maybe platted to the centerline of the quasi -public streets. b. Lots with frontage on the quasi -public street must orient buildings to the quasi - public street. ZONING - NEXMETRO / SWBC ANNA PAGE 2 OF 8 c. Buildings must have a minimum of 75% of their facade within 30 feet of the back of curb unless restricted by easements. Where easements are present, a minimum of 75% of each facade must be built to the easement line. d. Sidewalks and street trees must be provided along both sides of the quasi - public street. A clear pedestrian path of 6 feet in width shall be maintained in this area. Street trees are required at the rate of one tree per 40 linear feet. Trees shall be placed in planting beds or tree grates within 5 feet of the back of the street curb. Trees, landscaping, outdoor dining areas, bicycle racks, and street furniture may be placed within the sidewalk but may not reduce the clear path width. e. The quasi -public street shall be located and designed in substantial conformance to Exhibit B: Quasi -Public Street Exhibit. 3. THOR Overlay District. Sec. 9.04.030 (THOR Thoroughfare Overlay District) of the Zoning Ordinance requires all new development and redevelopment located along U.S. Highway 75 shall have a minimum of one acre, minimum lot width of 100 feet, minimum front yard setback of 50 feet, minimum side yard setback of 10 feet, and a minimum driveway separation of 150 feet. ➢ The applicant is requesting an exemption for Tract 1A & Tract 113 from the THOR Thoroughfare Overlay District. To help support and justify the modified standards the applicant has provided additional information (Exhibit C). Tract 2: MF-2 Multiple -Family Residential — High Density Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-2 Multiple -Family Residential — High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. 1. Maximum height (feet): 3-story / 45 feet 2. Side yard interior (feet): 0-3 ➢ Along the western property boundary adjacent to the general commercial zoning (Tract 1A) the applicant is proposing a zero (0) to three (3) foot building setback from the Quasi -Public Street. The intent of the reduced setback is enhancing the interconnectivity between the multi -family and commercial uses and create a true mixed -use environment. The MF-2 zoning only allows for two-story apartments and requires a 10 foot interior side yard. ZONING - NEXMETRO / SWBC ANNA PAGE 3 OF 8 3. Parking - Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires 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 requesting to not provide visitor parking (0.25 per dwelling unit). ➢ The applicant is requesting to reduce the required covered parking 75% to 50%. 4. Refuse facilities. Every dwelling unit in a multifamily complex shall be located within 250 feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. ➢ The applicant is proposing one trash compactor for the development as well as a valet service to offset the requirement. 5. Screening fence — Sec. 9.04.020 (MF-2 zoning regulations) of the Zoning Ordinance requires that border fencing of masonry construction of not less than eight feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property boundary line on any perimeter not abutting a public street or right-of-way. ➢ The applicant is requesting not to provide the required screening along the northern property boundary line. However, the applicant is proposing to provide a living screen with a minimum of 3 feet in height at time of planting. To help support and justify the modified standards the applicant has provided additional information (Exhibit C). Tract 3: MF-1 Multiple -Family Residential — Medium Density Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-1 Multiple -Family Residential — Medium Density (MF-1) zoning district and the Planning and Development Regulations except as otherwise specified herein. 1. Parking - Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires 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 requesting not to provide the required visitor parking (0.25 per dwelling unit). ➢ The applicant is requesting to reduce the required covered parking 75% to 50%. ZONING - NEXMETRO 1 SWBC ANNA PAGE 4 OF 8 2. Refuse facilities. Every dwelling unit in a multifamily complex shall be located within 250 feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. ➢ The applicant is proposing four enclosed dumpster locations for the development as well as a valet service to offset the requirement. 3. Screening fence — Sec. 9.04.019 (MF-1 zoning regulations) of the Zoning Ordinance requires border fencing of masonry construction no less than eight feet in height be installed along the property line on any perimeter not abutting a public street -right-of- way. ➢ The applicant is requesting to install the following: a. Six-foot board on board wood fencing with masonry columns every 50 linear feet along Throckmorton Boulevard to ensure resident privacy. b. Six-foot ornamental fence with masonry columns every 50 linear feet along Throckmorton, along with interior landscaping when not adjacent to unit backyards. c. Six-foot ornamental fence with masonry columns every 100 linear feet along the eastern property boundary line. d. Six-foot masonry screening wall along the southern property boundary line. 4. Minimum Building Separation (feet): 8 ➢ The fire department requires a minimum 10-foot building separation but has agreed to the 8-foot separation as long as all units are sprinklered per NFPA, NCTCOG, and our local fire code amendments. 5. Signage - Sec. 9.05.057 (Class 6, monument signs) of the Zoning Ordinance permits a maximum of one (1) sign per street frontage. ➢ The applicant is requesting two (2) monument signs along Throckmorton Boulevard. To help support and justify the modified standards the applicant has provided additional information (Exhibit C). Comprehensive Plan and Future Land Use Plan Future Land Use Plan — The Future Land Use Plan designates this property as Community Commercial (CC). This category is only generally defined within the current Comprehensive Plan. ZONING - NEXMETRO / SWBC ANNA Character & Intent Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. The applicant is proposing a mixed -use development, preserving the frontage of U.S. Highway 75 for future commercial development while providing a mixture of residential housing options. While this particular property is designated for Community Commercial, the property to the south is designated for Mixed -Use. The applicant is requesting to increase the mixed -use flexibility in order to spur economic growth while increasing tax revenue. SUMMARY: Request to rezone 65.0± acres located on the east side of U.S. Highway 75, 1,200± feet south of W. White Street from Planned Development-C-1 Restricted Commercial District (PD-C-1) (Ord. No. 107-2003) to Planned Development which will allow for a multi -use development that will include commercial zoning along U.S. Highway 75 frontage road and multiple family residential to the east. Although residential development is not listed as a specific use in the Community Commercial future land use description, the proposed layout and development standards encourage a mixed -use environment with pedestrian -oriented standards providing a live, shop, work and play environment. RECOMMENDATION: The Planning & Zoning Commission recommended approval unanimously. Below are the recommended restrictions if the Council votes in favor of the zoning request: 1. The location of Tracts and associated planned development zoning districts shall be in substantial conformance with the Concept Plan (Exhibit A). 2. Tract 1 A & 113, Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the C-2 General Commercial (C-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Restricted Uses: a. Residential Uses b. Educational, Institutional and Special Uses c. Transportation, Utility and Communications Uses d. Automobile and Related Service Uses e. Manufacturing, Storage and Warehouse Uses f. Engine and Motor Repair g. Feed and Farm Supply (inside sales/storage) h. Mortuary or Funeral Home i. Taxidermist j. Washeteria ZONING - NEXMETRO / SWBC ANNA PAGE 6 OF 8 ii. As shown on the approved Concept Plan a Quasi -Public Street shall be constructed as part of the initial development on Tract 1 A (C-2 General Commercial District). a. Quasi -Public Street Definition: Quasi -public streets are privately owned and maintained drives open to public access. A quasi -public street easement shall be dedicated for all quasi -public streets, and a fire lane shall be located within all quasi -public street easements. On -street parking and sidewalks provided along quasi -public streets shall be located within the quasi -public street easement. Lots may derive required street frontage from quasi -public streets and maybe platted to the centerline of the quasi -public streets. b. Lots with frontage on the quasi -public street must orient buildings to the quasi - public street. c. Buildings must have a minimum of 75% of their fagade within 30 feet of the back of curb unless restricted by easements. Where easements are present, a minimum of 75% of each facade must be built to the easement line. d. Sidewalks and street trees must be provided along both sides of the quasi -public street. A clear pedestrian path of 6 feet in width shall be maintained in this area. Street trees are required at the rate of one tree per 40 linear feet. Trees shall be placed in planting beds or tree grates within 5 feet of the back of the street curb. Trees, landscaping, outdoor dining areas, bicycle racks, and street furniture may be placed within the sidewalk but may not reduce the clear path width. e. The quasi -public street shall be located and designed in substantial conformance to Exhibit B: Quasi -Public Street Exhibit. iii. Tracts 1 A & 1 B (C-2 General Commercial) shall be exempt from the THOR Thoroughfare Overlay District zoning ordinance. 3. Tract 2, Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-2 Multiple -Family Residential — High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 3-story / 45 feet ii. Side yard interior (feet): Min. 0 - 3 feet from the Quasi -Public Street along the western property boundary. iii. Parking: a. 2 parking spaces per dwelling unit b. Visitor parking not required ZONING - NEXMETRO ! SWBC ANNA PAGE 7 OF 8 c. 50% of required parking must be covered (Garage or Carport) iv. Refuse Facilities: Multiple -family buildings will be served by valet trash service with one trash compactor contained onsite. v. The front building face of multiple -family buildings located adjacent to the Quasi -Public Street shall be oriented toward the Quasi -Public Street. vi. With the exception of patios and balconies, fencing is not permitted in front of any building face fronting along the Quasi -Public Street. vii. Screening not required along northern property boundary line. 4. Tract 3, Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-1 Multiple -Family Residential — Medium Density (MF-1) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Parking: a. 2 parking spaces per dwelling unit b. Visitor parking not required c. 50% of required parking must be covered (Garage or Carport) ii. Refuse Facilities: Multiple -family buildings will be served by valet trash service with four enclosed dumpster locations contained onsite. iii. Screening: a. Six-foot board on board wood fencing with masonry columns every 50 linear feet along Throckmorton Boulevard. b. Six-foot ornamental fence with masonry columns every 50 linear feet along Throckmorton, along with interior landscaping when not adjacent to unit backyards. c. Six-foot ornamental fence with masonry columns every 100 linear feet along the eastern property boundary line. d. Six-foot masonry screening wall along the southern property boundary line. iv. Building separation (feet): minimum 8 feet. All buildings that are separated by less than 10 feet must be sprinklered per NFPA, NCTCOG, and local fire code amendments. v. Signage: Two (2) monument signs along Throckmorton Boulevard. ZONING - NEXMETRO 1 SWBC ANNA PAGE 8 OF 8 � r � 1 Lu1.NN NOR4 01 W�,o J�a VICINITY MAP 9 (NOT M scuff Ii all! � ULI - Mir 5 .- _ IL C S w IL �1J W � '~ �.es XOhY • ONCEPT PLAN 3 I _,:,-,,'°'"° t ..,,,�,wo �'-_ °m•+a. -' NEXM MANNA 64.85 ACRES (VACANTLAND) H s: &g c �x• n:— yW Y� r IY I�""' l,: ""-'jay COWNCOIIMY. TEAS ...,,m, CP EXHIBIT B J � VE t s WJ � at 9' PMALLEL 1 1 9' PARALLEL E. `3 PARKING 12' UNE 12' UNE PARKING S.W. - 3 QUASI STREET SECTION NOT -TO -SCALE 7LT'71I— —\7— — — Ir — MEN -air, 55 [ury5 UP 3319 AMIIR FAS£YENi rnn xc 1m.1 - - - - 1e dI s . i-d 7 •g� IV, C i APPROVED APPROVED U 0l DECEMBER 17, 2022 NOVEMBER 7, 20= m GRYC KM PAZCONMWnN O c I CRYOFMNA a, OF m" Om$ L U 2-VNE 1 \ PWHO BWi W LU itm d EX.1 EXHIBIT C PD DESIGN STATEMENT Tract 1 — Caalms Commerical Anna November 3, 2022 A. Purpose The regulations set forth in this Planned Development (PD) Design Statement provide development standards for a ±26.8-acre Commercial tract, proposed by developer/applicant NexMetro Communities. The boundary of this PD is identified by metes and bounds on the attached Legal Description. The property shall be developed in accordance with these regulations, and PD Concept and Illustrative plans as depicted in attached exhibits. B. General Information The subject property is part of an overall tract currently owned by Caalms Group, LLC. The tract is located at approximately 1,850 linear feet southeast of the intersection of U.S. Highway 75 and White Street (F.M. 455). The property is vacant with minimal tree cover along the eastern portion of the property at Throckmorton Creek, while most of the site slopes/drains to the east/ southeast. C. Current Zoning The subject tract is vacant and currently zoned PD-C. The surrounding zoning classifications are as follows: • North: General Commercial District (C-2); Multiple -Family Residential — High Density (MF-2) • South: Single -Family Residential — Large Lot (SF-E) • East: Multiple -Family Residential — High Density (MF-2); Planned Development- Residential (PD-R) • West: U.S. Highway 75 D. Base District This Planned Development shall be subject to all regulations of the "C-2" General Commercial District of the City of Anna Code of Ordinances, as exists or as amended herein. The designation of the base district shall be to affect a zoning map change only (from PD-C to a new PD with a base zoning district of "C-2" General Commercial) and to establish base development regulations. P.O. Box 11761 Wylie, Texas 752981 M: 214.215.5066 I E: Josh@LincolnCE.com Final -Tracts I & I Commercial PD Design Statement Page 11 of 2 EXHIBIT C Caalms Commercial Anna PD Design Statement November 3, 2022 E. Allowed Use Regulations The following are restricted uses for the C-2 tract: 1. Restricted Uses a. Table 1 Residential Uses b. Table 2 Educational, Institutional and Special Use c. Table 3 Transportation, Utility and Communications Uses d. Table 4 Automobile and Related Services Uses e. Table 6 Manufacturing, Storage and Warehouse Uses f. Engine and motor repair g. Feed and farm supply (inside sales/storage) h. Mortuary or funeral home i. Taxidermist j. Washeteria F. THOR Overlay District Exemption Proposed commercial Tracts 1 A and 1 B shall not be subject to and shall be exempt from the THOR Thoroughfare Overlay District. G. Quasi -Public Street Regulations Development of a Quasi -Public Street shall be in general conformance and follow intent as shown on PD Concept Plan: 1. Definition: Quasi -public streets are privately owned and maintained drives open to public access. A quasi -public street easement shall be dedicated for all quasi -public streets, and a fire lane shall be located within all quasi -public street easements. On -street parking and sidewalks provided along quasi -public streets shall be located within the quasi -public street easement. Lots may derive required street frontage from quasi -public streets and maybe platted to the centerline of the quasi -public streets. 2. Lots with frontage on the quasi -public street must orient buildings to the quasi - public street. 3. Buildings must have a minimum of 75% of their facade within 30 feet of the back of curb unless restricted by easements. Where easements are present, a minimum of 75% of each facade must be built to the easement line. 4. Sidewalks and street trees must be provided along both sides of the quasi - public street. A clear pedestrian path of 6 feet in width shall be maintained in this area. Street trees are required at the rate of one tree per 40 linear feet. Trees shall be placed in planting beds or tree grates within 5 feet of the back of the street curb. Trees, landscaping, outdoor dining areas, bicycle racks, and street furniture may be placed within the sidewalk but may not reduce the clear path width. P.O. Box 11761 Wylie, Texas 752981 M: 214.215.5066 1 E: Josh@LincolnCE.com Final - Tracts 1A & I Commercial PD Design Statement Page 12 of 2 EXHIBIT C PD DESIGN STATEMENT Tract 2 — SWBC Anna November 3, 2022 A. Purpose The regulations set forth in this Planned Development (PD) Design Statement provide development standards for a ±14.7-acre multi -family tract, proposed by developer/applicant SWBC Anna. The boundary of this PD is identified by metes and bounds on the attached Legal Description. The property shall be developed in accordance with these regulations, and PD Concept and Illustrative plans as depicted in attached exhibits. B. General Information The subject property is one tract and is currently owned by Caalms Group, LLC. The tract is located at approximately 1,850 linear feet southeast of the intersection of U.S. Highway 75 and White Street (F.M. 455). The property is vacant with minimal tree cover along the eastern portion of the property at Throckmorton Creek, while most of the site slopes/drains to the east/ southeast. C. Current Zoning The subject tract is vacant and currently zoned PD-C. The surrounding zoning classifications are as follows: • North: General Commercial District (C-2); Multiple -Family Residential — High Density (MF-2) • South: Single -Family Residential — Large Lot (SF-E) • East: Multiple -Family Residential — High Density (MF-2); Planned Development- Residential (PD-R) • West: U.S. Highway 75 D. Base District This PD shall be subject to all regulations of the "MF-2" Multiple -Family Residential - High Density district of the City of Anna Code of Ordinances, as exists or as amended herein. The designation of the base district shall be to affect a zoning map change only (from PD-C to a new PD with a base zoning district of "MF-2" Multiple -Family Residential — High Density) and to establish base development regulations. P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.5066 1 E: Josh@LincolnCE.com Final -Tract 2 SWBC PD Design Statement Page 11 of 6 EXHIBIT C SWBC Anna PD Design Statement November 3, 2022 E. Land Use Regulations Permitted Uses and regulations shall be per MF-2 except where noted herein: 1. Dwelling Type & Density The PD is intended to provide for development of a Multi -Family Residential, consisting of 322 multi -family dwelling units with a density of approximately 24.4 units per acre. 2. Regulation of Specific Uses All structures (leasing center, dwelling units, garage, etc.) and amenities (pool, spa, dog park, grills, pergolas, fire pits, etc.) to be permitted on one (1) lot. Access and building locations to meet the intent of the PD Concept Plan. 3. Accessory Buildings and Uses All structure to meet intent of PD Concept Plan with respect to location, size, and number of detached garages F. Dimensional Regulations The dimensional regulations shall be per MF-2 except where noted: 1. Minimum Floor Area The minimum floor area is to be 600 square feet (sf) per dwelling unit and a maximum of 1,325 square feet (sf) per dwelling unit to align more with industry standards. 2. Building Setbacks The minimum building setbacks are as follows: Front Setback, along Throckmorton Boulevard, is maintained at required 25 feet with 20-foot landscape buffer. Rear Setback, along Commercial Tract, is maintained at maximum distance of 5' from edge of Quasi -Public Street easement, with no required landscape buffer. Side Setback, along north property line, is maintained at the required 25 feet with minimum 5' landscape buffer. P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.5066 1 E: Josh@LincolnCE.com Final -Tract 2 SWBC PD Design Statement Page 12 of 6 EXHIBIT C SWBC Anna PD Design Statement November 3, 2022 G. Development Regulations Development standards shall be per MF-2 except where noted herein and shown on PD Concept Plan: 1. Landscape and Open Space Regulations • Development will include approximately 25-foot landscape open area along Commercial to be counted towards Open Space calculations. • Development proposes two Connectivity Nodes to Commercial tract to be counted as Amenity Areas towards the Open Space requirement. • Pool, Event Area, Dog Park, Portion of Clubhouse and other Amenity Areas onsite to be considered 3:1 for required open space requirements. • Parking lot terminus islands to be approximately 9' wide with 4' concrete sidewalk, resulting in approximately 100sf landscape area. • Parking lot terminus trees may be clustered where parking lot strings exceed 10 spaces. • Trees and landscape elements provided along and within Quasi -Public Street to be counted towards required landscape plantings and Open Space area. 2. Private Recreation Areas Required recreation areas to meet the intent of PD Concept Plan. These recreation/amenities areas may include one or more of the following: Pool and Spa, Dog Park, Outdoor Grills and Pergolas, Event Lawn, Fire Pit, Yard Game Area, Commercial Connectivity Nodes, Clubhouse, and multiple outdoor Open Space areas. 3. Vehicle Parking Regulations All vehicle parking to meet intent of the PD Concept Plan: a. Proposed garages and covered parking to be allowed per the PD Concept Plan. b. Parking spaces required shall be provided at a rate of 1.75 spaces per unit and 50% of required parking must be covered, plus 0.25 per dwelling unit for visitor parking evenly dispersed throughout site. c. Parking lot strings may exceed 10 spaces as long as one (1) extra terminus tree is located elsewhere on site. P.O. Box 1176 I Wylie, Texas 752981 M: 214.215.5066 1 E: Josh&incolnCE.com Final - Tract 2 SWBC PD Design Statement Page 13 of 6 EXHIBIT C SWBC Anna PD Design Statement November 3, 2022 4. Dumpster Regulations One (1) 30 cubic yard trash compactors will be provided for the development. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Solid metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. Refuse containers shall be provided and maintained in a manner to satisfy public health and sanitary regulations. SWBC will utilize a valet waste service to collect residents' trash directly on schedule days — valet service to offset the requirement of all units being within 250' of a refuse facility. 5. Sign Regulations All signage and monumentation to meet the intent of the PD Concept Plan: a. Portal signs to be located within landscape islands designating groupings of units. b. One (1) total monument signs proposed for this development along Throckmorton Boulevard at the main entry drive 6. Fence and Screening Regulations All fencing and screening to meet intent of the PD Concept Plan: a. Throckmorton: interior landscaping per City ordinance; b. North Property Line: Living screen along with interior landscaping per City ordinance. c. West Property Line: Buildings to front along future Quasi -Public Street; no fencing required; tree plantings provided along sidewalk within future parallel parking landscape islands. d. Dumpster Enclosure: Screened with landscape foundation plantings and 7' wall shall be of masonry material which shall match the material of adjacent dwelling units. 7. All fagade and building elevations shall adhere to the masonry requirements set forth by the related Development Agreement with the City of Anna. H. Tree Preservation Regulations The following is taken from current Tree Preservation Ordinance: 1. Standards, Section 9.07.011 a. Construction of Multifamily Development i. Protected trees located in a FEMA one -hundred -year floodplain, NRCS lake tree preservation zone, or erosion hazard setback P.O. Box 1176 I Wylie, Texas 75298 1 M: 214.215.50661 E: Josh flUncolnCE.com Final - Tract 2 SWBC PD Design Statement Page 14 of 6 EXHIBIT C SWBC Anna PD Design Statement November 3, 2022 zone shall be subject to all tree replacement and tree protection requirements of this article. ii. In cases other than listed immediately above, all protected trees 18 inches in caliper or greater shall be subject to tree replacement and tree protection requirements except where protected trees must be critically altered to: • Install and maintain any utility lines; • Dedicate public right-of-way; • Construct any public or private streets at the minimum required width only; • Provide any required easement up to the minimum width needed to accommodate the required service; • Construct any fire lanes at the minimum required width only; • Construct any sidewalks; • Construct swimming pools; • Construct any hike/bike/equestrian trails; • Construct any portions of a golf course, park playing field, equestrian center, or school playing field but not including buildings, additional parking, club houses, or ancillary buildings; or • Achieve cut and fill drainage as designed in master drainage construction plan, including required retention or detention ponds. Transitional slopes to the original grade that are less steep than the maximum allowed slope shall not be exempt. iii. All other areas of the lot shall be exempt from tree protection and tree replacement requirements of this article. b. Tree Replacement 2. Tree Credits, Section 9.07.013 a. All persons subject to payment of a tree permit fee under this article or any other city ordinance are entitled to apply for a credit for tree planting to offset the amount of the fee ("tree credit"). b. To qualify for a tree credit, the planted tree must measure no less than 2" in diameter at a point on the trunk four feet and six inches above the ground, and be: i. Planted on a property for which the tree permit fee was assessed; or ii. Planted on a property mutually agreed upon by the city and the applicant. P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.50661 E: Josh flUncolnCE.com �o Final - Tract 2 SWBC PD Design Statement Page 15 of 6 EXHIBIT C SWBC Anna PD Design Statement November 3, 2022 c. Tree credits shall be calculated and applied as offsets in the same manner as tree permit fees are determined, and subject to the following rules: i. Tree credits shall be equal to the amount of the tree mitigation fee assessed against the person if the property is an existing one - family or two-family dwelling that is the applicant's residence. ii. Tree credits shall be no less than 50 percent of the tree permit fee assessed against the applicant if the property is a residential structure or pertains to the development, construction, or renovation of a residential structure, and the applicant is developing, constructing, or renovating the property for a use other than use as the applicant's residence. iii. Tree credits shall be no less than 40 percent of the tree permit fee assessed against the applicant if the property is not a residential structure or the person is constructing or intends to construct a structure on the property that is not a residential structure. d. Tree credits are only available for planting of trees from the city's approved list of species. e. When any quality tree of 3 inches or more in caliper is preserved that would otherwise have been exempt, credits toward the total inches of caliper of replacement trees required for the development site will be given as per the following formula: i. If the caliper of the preserved exempt tree is 3" - 16", the credit applied will be equal to the caliper of the preserved trees. ii. If the caliper of the preserved exempt tree is greater than 16", the credit applied will be equal to twice the caliper of the preserved tree. f. Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for public right-of-way or easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal instruments considered satisfactory by the city council. g. Tree credits will not be permitted unless temporary tree protection devices are installed at least to the limit of the critical root zone or the drip line, whichever is greater, during construction activity. The city may, prior to the issuance of a tree permit or allowing any offset of tree permit fees through tree credits, impose additional requirements for tree -planting methods and best management practices to ensure that the tree(s) grow to the anticipated height at maturity. P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.50661 E: Josh@LincolnCE.com Final - Tract 2 SWBC PD Design Statement Page 16 of 6 EXHIBIT C PD DESIGN STATEMENT Tract 3 — NexMetro Anna November 3, 2022 A. Purpose The regulations set forth in this Planned Development (PD) Design Statement provide development standards for a ±23.3-acre Residential Cottage Community, proposed by developer/applicant NexMetro Communities. The boundary of this PD is identified by metes and bounds on the attached Legal Description. The property shall be developed in accordance with these regulations, and PD Concept and Illustrative plans as depicted in attached exhibits. B. General Information The subject property is part of an overall tract currently owned by Caalms Group, LLC. The tract is located at approximately 1,850 linear feet southeast of the intersection of U.S. Highway 75 and White Street (F.M. 455). The property is vacant with minimal tree cover along the eastern portion of the property at Throckmorton Creek, while most of the site slopes/drains to the east/ southeast. C. Current Zoning The subject tract is vacant and currently zoned PD-C. The surrounding zoning classifications are as follows: • North: General Commercial District (C-2); Multiple -Family Residential — High Density (MF-2) • South: Single -Family Residential — Large Lot (SF-E) • East: Multiple -Family Residential — High Density (MF-2); Planned Development- Residential (PD-R) • West: U.S. Highway 75 D. Base District This Planned Development shall be subject to all regulations of the "MF-1" Multiple - Family Residential — Medium Density District of the City of Anna Code of Ordinances, as exists or as amended herein. The designation of the base district shall be to affect a zoning map change only (from PD-C to a new PD with a base zoning district of"MF- 1" Multiple -Family Residential — Medium Density) and to establish base development regulations. P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.50661 E: Josh@LlncolnCE.com Final -Tract 3 NexMetro PD Design Statement Page 11 of 7 EXHIBIT C NexMetro Anna PD Design Statement November 3, 2022 E. Land Use Regulations Permitted Uses and Regulations shall be per MF-1 except where noted herein: 1. 'Dwelling Type & Density The PD is intended to provide for development of a Residential Cottage Community, consisting of 211 multi -family detached and duplex dwelling units with a density of approximately 10.2 units per acre. 2. Regulations of Specific Uses All structures (leasing center, dwelling units, garages, etc.) and amenities (pool, spa, dog park, grills, pergolas, fire pits, etc.) to be permitted on one (1) lot. Access and building locations to meet the intent of the PD Concept Plan. 3. Accessory Bugs and Uses All structures to meet intent of the PD Concept Plan with respect to location, size, and number of detached garages (with and without storage closets). F. Dimensional Regulations The dimensional regulations shall be per MF-1 except where noted: 1. Minimum Floor Area The minimum floor area to be 690 square feet (so per dwelling unit to align more with industry standards for a one -bedroom units. All proposed one - bedroom units are located in pairs as attached (duplex) buildings. Two - bedroom units to utilize minimum 980 sf floor area, while three -bedroom units to be minimum 1,265 sf floor area. All units will have a private backyard that is not reflected in the minimum floor areas. 2. Building Setbacks The minimum building setbacks are as follows: • Front Setback, along Throckmorton Boulevard, is required to be 25 feet. NexMetro proposes 30-foot building setback with 20-foot landscape buffer. • Rear Setback, along Creek, is maintained at the required 25 feet. NexMetro proposes 20-foot landscape buffer. • Side Setback, along south property line, is maintained at the required 10 feet with the landscape buffer being within the unit backyards, on the north side of the proposed masonry screening wall. P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.50661 E: Josh@LincolnCE.com Final - Tract 3 NexMetro PD Design Statement Page 12 of 7 EXHIBIT C NexMetro Anna PD Design Statement November 3, 2022 G. Development Regulations Development standards shall be per MF-1 except where noted herein and shown on PD Concept Plan: 1. Landscape and Open Space Regulations • Development will include approximately 20-foot landscape open area along Throckmorton Creek to be counted towards Open Space calculations. Development proposes 10-foot landscape buffer along south property line to be contiguous with abutting unit backyards. Pool, Event Area, and Open Space areas onsite to be considered 3:1 for required open space requirements — available landscape area onsite that is outside of LS buffer is more than double requirement of Open Space area. Parking lot terminus islands to be minimum 10' wide with 4' concrete sidewalk, resulting in approximately 106sf landscape area. 2. Private Recreation Areas Required recreation areas to meet the intent of PD Concept Plan. These recreation/amenities areas may include one or more of the following: Pool and Spa, Dog Park, Outdoor Grills and Pergolas, Event Lawn, Fire Pit, and multiple Open Space areas. 3. Public Recreation Areas • Optional Public Park in northeast corner of tract to be dedicated to City. Park to include parking and trail connection at Throckmorton Creek. • Proposed 10-foot trail along east side of Throckmorton Boulevard. Trail to meander in/out of public right-of-way and 20' landscape buffer on developer's lot. See picture below for example: r- P.O. Box 1176 Wylie, Texas 75296 1 M: 214.215.5066 I E: Josh@LincolnMcom Final -Tract 3 NexMetro PD Design Statement Page 13 of 7 EXHIBIT C NexMetro Anna PD Design Statement November 3, 2022 4. Vehicle Parking Regulations Garages and covered parking to be allowed per the PD Concept Plan. Based upon an independent parking study of existing NexMetro developments, this product yields a parking space demand of 0.75 spaces per bedroom, which equates to 1.85 spaces per unit in a 1, 2, and 3 bedroom unit mix. For this project, NexMetro proposes a minimum of two (2.0) parking spaces per unit, including surface, covered, and garage parking spaces (resident and visitor). NexMetro is proposing a departure from the MF-1 requirement that 75% of required parking must be covered. Per the Site Data Summary table NexMetro proposes to assign either a covered space or garage space with every unit, ensuring a 50% covered parking per unit ratio across the site (2 parking spaces per unit). When referencing other NexMetro developments across the Dallas - Fort Worth metroplex, it should be noted that the proposed Concept Plan ranks near the top of all projects to date in terms of parking ratios. 5. Dumoster Regulations There shall be available at all times at least six cubic yards of refuse container per 30 multifamily dwelling units. Each refuse 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. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. NexMetro will utilize a valet trash service to offset the requirement of all units being within 250' of a refuse facility. 6. Sign Regulations All signage and monumentation to meet the intent of the PD Concept Plan: a. Portal signs to be located within landscape islands designating groupings of units. b. Two (2) total monument signs proposed for this development along Throckmorton Boulevard. 7. Fence and Screening Regulations All fencing and screening to meet intent of the PD Concept Plan: a. Throckmorton: 6' ornamental fence with masonry columns every 50 linear feet, along with interior landscaping when not adjacent to unit back yards; 6' board -on -board wooden fence with masonry columns every 50 linear feet when adjacent to unit backyards. b. East Property Line: 6' ornamental fence with masonry columns every 100 linear feet; c. South Property Line: 6' masonry screening wall to a point along the southeast open space area at the flood plai n/creek; d. Unit Backyards: 6' wood fencing to be utilized for unit backyards; P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.50661 E: Josh@LincolnCE.com Final -Tnact 3 NexMetc PD Design Statement - Page 14 of 7 EXHIBIT C NexMetro Anna PD Design Statement November 3, 2022 e. Dumpster Enclosures: Screened with landscape foundation plantings and 7' wall shall be of masonry material which shall match the material of adjacent dwelling units. 8. Cottage community building separation minimum to be 8-feet (foundation to foundation). Typical unit spacing onsite is 10-feet. All resident units to be fire sprinkled per NFPA-13D requirements. 9. Cottage community to be 1 story max height residential buildings. 10. Cottage community open space to be per PD Concept Plan and as described herein. 11.AI1 residential structures shall adhere to the International Residential Code. 12.AI1 fagade and building elevations shall adhere to the masonry requirements set forth by the related Development Agreement with the City of Anna. H. Tree Preservation Regulations The following is taken from current Tree Preservation Ordinance: 1. Standards, Section 9.07.011 a. Construction of Multifamily Development i. Protected trees located in a FEMA one -hundred -year floodplain, NRCS lake tree preservation zone, or erosion hazard setback zone shall be subject to all tree replacement and tree protection requirements of this article. ii. In cases other than listed immediately above, all protected trees 18 inches in caliper or greater shall be subject to tree replacement and tree protection requirements except where protected trees must be critically altered to: • Install and maintain any utility lines; • Dedicate public right-of-way; • Construct any public or private streets at the minimum required width only; • Provide any required easement up to the minimum width needed to accommodate the required service; • Construct any fire lanes at the minimum required width only; • Construct any sidewalks; • Construct swimming pools; • Construct any hike/bike/equestrian trails; P.O. Box 1176 I Wylie, Texas 75298 I M: 214.215.50661 E: Josh@LincolnCE.com Final - Tract 3 NexMetro PD Design Statement Page 15 of 7 EXHIBIT C NexMetro Anna PD Design Statement November 3, 2022 Construct any portions of a golf course, park playing field, equestrian center, or school playing field but not including buildings, additional parking, club houses, or ancillary buildings; or Achieve cut and fill drainage as designed in master drainage construction plan, including required retention or detention ponds. Transitional slopes to the original grade that are less steep than the maximum allowed slope shall not be exempt. iii. All other areas of the lot shall be exempt from tree protection and tree replacement requirements of this article. b. Tree Replacement 2. Tree Credits, Section 9.07.013 a. All persons subject to payment of a tree permit fee under this article or any other city ordinance are entitled to apply for a credit fortree planting to offset the amount of the fee ("tree credit"). b. To qualify for a tree credit, the planted tree must measure no less than 2" in diameter at a point on the trunk four feet and six inches above the ground, and be: i. Planted on a property for which the tree permit fee was assessed; or ii. Planted on a property mutually agreed upon by the city and the applicant. c. Tree credits shall be calculated and applied as offsets in the same manner as tree permit fees are determined, and subject to the following rules: i. Tree credits shall be equal to the amount of the tree mitigation fee assessed against the person if the property is an existing one - family or two-family dwelling that is the applicant's residence. ii. Tree credits shall be no less than 50 percent of the tree permit fee assessed against the applicant if the property is a residential structure or pertains to the development, construction, or renovation of a residential structure, and the applicant is developing, constructing, or renovating the property for a use other than use as the applicant's residence. P.O. Box 1176 1 Wylie, Texas 75298 1 M: 214.215.5066 1 E: Josh@LincolnCE.com Final Tract 3 NexMetro PD Design Statement EXHIBIT C NexMetro Anna PD Design Statement November 3, 2022 iii. Tree credits shall be no less than 40 percent of the tree permit fee assessed against the applicant if the property is not a residential structure or the person is constructing or intends to construct a structure on the property that is not a residential structure. d. Tree credits are only available for planting of trees from the city's approved list of species. e. When any quality tree of 3 inches or more in caliper is preserved that would otherwise have been exempt, credits toward the total inches of caliper of replacement trees required for the development site will be given as per the following formula: 1. If the caliper of the preserved exempt tree is 3" - 16", the credit applied will be equal to the caliper of the preserved trees. ii. If the caliper of the preserved exempt tree is greater than 16", the credit applied will be equal to twice the caliper of the preserved tree. f. Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for public right-of-way or easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal instruments considered satisfactory by the city council. g. Tree credits will not be permitted unless temporary tree protection devices are installed at least to the limit of the critical root zone or the drip line, whichever is greater, during construction activity. The city may, prior to the issuance of a tree permit or allowing any offset of tree permit fees through tree credits, impose additional requirements for tree -planting methods and best management practices to ensure that the tree(s) grow to the anticipated height at maturity. P.O. Box 1176 I Wylie, Texas 75298 1 M: 214.215.50661 E: Josh@LincolnCE.com Final - Tract 3 NexMetro PD Design Statement Page 17 of 7 R'�YLUAQ �! G' 3 Ire, Wz _. P`y�^- - !#sayTAYLOR•8L'VDn: QOUNTY ROAD 284 _i' '`. Es.y.�`< �►