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HomeMy WebLinkAboutOrd 575-2012 Agave Azul Plaza Zoning Change.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 575-2012 Agave Azul Plaza Zoning "Planned Development" ("PD") 205 North Powell Parkway 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 PROPERTIES 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 owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, this property is within and considered as part of the Downtown Redevelopment District; and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna 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 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 of the City of Anna, Texas, is amended by changing the zoning on the land described in Exhibit A from "SF -1" and "C-1" to "PD — Downtown Redevelopment District". The Planned Development shall include the following elements: 1 Permitted Uses (a) SALES AND SERVICES. (1) Antique Store (2) Art Supply Shop (3) Bakery Shop (5) Barber Shop (7) Bicycle sales and repairs (8) Beauty shop (9) Book store (10) Computer and computer supply sales (b) (11) Copy services (12) Day spa and salon (13) Delicatessen (14) Department store (15) Drug store (16) Dry-cleaning/Laundry establishments (17) Fitness/work out gym (18) Firearms & Accessories, retail sales (19) Florist (20) Food markets, grocery / convenience store (21) Gift shop (22) Health food store (23) Hobby shop (24) Ice cream & candy store (25) Internet or Cyber Cafe (26) Jewelry Shop / Sales (27) Magazine and news stores (28) Music and video stores (29) Night Club (30) Office supply stores (31) Pet & Supply stores (32) Photographic stores / studio / supply (33) Radio and Broadcasting Studios (34) Restaurant (35) Shoe sales / repair shop (36) Sporting goods stores (37) Stationery stores (38) Tailors (39) Travel agencies (40) Tobacco / Smoke shop (41) Toy stores (42) Variety stores (43) Watch and clock sales and services SERVICES PERSONAL AND PUBLIC (1) Bank (2) Banquet Hall (3) Business school (4) Credit union (5) Library (6) Lodge, club, and fraternal organizations (7) Massage Therapy Services (8) Martial arts instruction (9) Municipal Buildings or Facilities (10) Offices: a. Administrative b. Business C. General d. Medical (11) Incidental storage and office uses, provided such uses are clearly incidental to the retail sale of products on the premises. (12) Radio and TV broadcasting studios and offices (13) Reading room (14) Financial services and title companies (15) Meeting halls. (c) CULTURAL USES (1) Art supply stores and galleries (2) Artist, music and dance studios (3) Performing arts theater (d) RESIDENTIAL (3) Multi -family Apartments and Condominiums (e) Any use not specifically listed above shall be allowed subject to determination by the Director of Planning and Development. 2 Specific Permitted Uses (a) RESIDENTIAL (1) Mixed Use projects. Residential units above first floor retail/office/restaurant. (2) Additional uses requiring a Specific Use Permit shall be allowed subject to determination by the Director of Planning and Development. 3 Property Development Standards The following property development standards shall apply to all land and structures in this "PD" Planned Development District. (a) LOT AREA. No minimum area. (b) LOT DIMENSIONS. No minimum dimensions. (c) POPULATION DENSITY. None. (d) BUILDING HEIGHT. Newly constructed buildings will be a minimum of 2 stories, or 20 feet in height, whichever is the greater height. (e) YARDS. None required. (f) SPACE BETWEEN BUILDINGS. No requirements. (g) LOT COVERAGE. Up to 100% of the lot area maybe developed. (h) FENCES, HEDGES, AND WALLS. Fencing to be wrought iron or tubular steel, alternate materials may be approved by the Development Director. No chain linked fencing will be allowed. (i) Utilization of Outdoor Area in Conjunction with a Restaurant (1) General Requirements a. An outdoor dining area shall be associated with a restaurant, as defined by the Anna Code and shall be located adjacent to the main structure in which the restaurant is established. The hours of operation for the proposed outdoor dining facility shall be consistent with those of the associated main establishment. b. The outdoor dining area may be equal to 50% of the gross floor area or 3,000 square feet in total area, whichever is the lesser of the allowable space. The outdoor dining area will be calculated based upon the gross building area. C. When a barrier delineates an outdoor dining area, the confined area will be subject to the International Building Code occupancy load standards, d. An outdoor dining area may be located within the public right-of-way. An encroachment permit with the Department of Public Works will be required if the proposed outdoor dining area intrudes into the public right- of-way. e. The proposed outdoor dining facility must comply with all applicable City of Anna, American with Disabilities Act (ADA), and adopted International Building Code requirements. (2) Design Guidelines a. Barriers: 1. A barrier delineating the outdoor dining area will be required in the following scenarios: a. If alcohol is served at the main establishment (pursuant to State of Texas, Alcohol Beverage Control requirements). 2. There shall be a forty-eight inch (48") clear path maintained at all times to accommodate ADA standards. This clear path will be measured from the face of curb toward the building face and will not include vehicular overhang for perpendicular and angular parking when present. 3. The defining perimeter barrier shall be a minimum of three (3) feet and maximum of four (4) feet in height. 4. Barrier color, material and architectural theme shall be complementary to the associated main structure. 5. Landscape architecture (i.e. potted plants, planter boxes, hedges, etc.) may be considered on a case-by-case basis as an acceptable barrier. 6. Barriers shall be arranged to allow adequate ingress and egress in accordance with the American Disability Act (ADA), Anna Code and building code requirements. 7. Barriers shall not impose any damage to the public sidewalk. Any damage which occurs during construction shall be repaired in accordance with City of Anna Public Works Standards, at the owners/applicant's expense. 8. When the outdoor dining area is being utilized for sales, service and consumption of alcoholic beverages, the designated area shall be under continuous supervision at all times. 9. Latticework cannot substitute for a barrier if one is so required. However, a trellis supporting column or some other form of latticework may be used in conjunction with other materials in order to satisfy requirements concerning barriers. 10. Latticework materials and construction shall be architecturally compatible with the associated establishment as determined by the physical attributes of the built environment. 11. Awnings shall be architecturally compatible with the main building, as determined by the physical attributes of the built environment. b. Patio Furniture 1. Tables and chairs shall be removable unless otherwise approved by the Director of the Planning and Development Department. 2. Space heaters and/or heat lanterns may be provided so long as the use and operation of any such heater is in compliance with all applicable building and fire codes and does not present a threat to the health, safety, and welfare of the public. 3. Umbrellas shall be removable and spaced appropriately to provide for adequate pedestrian access. 4. Signs, if proposed, shall comply with the City's Sign Ordinance. 5. Trash or storage areas shall not be located within the outdoor dining area or adjacent to the public right-of-way. C. Decorative Framing and Overhead Latticework 1. The outdoor dining area shall be open on three (3) sides and maintain ninety (90%) percent transparency to the outdoor elements. a. If 90% transparency on any of the three sides of the decorative framing or overhead latticework cannot be met, the framing or trellis will be considered a structure under the Anna Code and subject to all applicable requirements including, but not limited to, parking, setbacks, lot coverage, etc. b. For the purpose of calculating the allowable outdoor dining area, installation of materials such as louvers, screening, air or heat which changes the climate will not be considered part of the main structure. 2. Latticework materials and construction shall be architecturally compatible with the main establishment associated, as determined by the physical attributes of the built environment. 4 Design Characteristics & Urban Form The following additional property development standards shall apply to all structures and projects in the "PD" Planned Development District. (a) Design Expectations (1) Design expectations are established to create and achieve a vibrant, livable, walkable, economically viable and sustainable community. Through these design expectations the city's physical form is shaped, giving it personality and enhancing its character. The design expectations have been built upon best practices and industry standards for contextual design. (2) No structure shall be built or altered, including exterior changes in color, materials, and signage except upon approval of the Planning and Development Department. (3) All businesses, services, and other primary activities shall be conducted within a completely enclosed structure, except for parking and loading spaces. Rooftop restaurants with outdoor dining are the exception, (4) For new construction the building frontage must occupy 80% of the length of the primary lot line, with a maximum front set back of 5', except if it is served by features such as outdoor eating area, plazas, arcades, etc. (5) The area between 2' to 8' of the primary building frontage shall consist of a minimum of 50% transparent elements. (6) A primary building entrance shall be maintained on the ground floor of the primary building frontage or facade. (7) An unobstructed view at street intersections is necessary for the safety of pedestrian and approaching vehicles traveling on City streets. The unobstructed view corridor may be modified based upon the existing condition of a specific location condition as determined by the Director of Planning and Development and the Public Works Director. (8) Other design features: a. Marquees over entrances or covered entrance canopies not more than ten feet in width may extend from entrances to the abutting sidewalk. b. Pedestrian oriented signage as determined by the Director of Planning and Development. C. Outdoor pedestrian level lighting on building frontages. d. Sidewalk — Maintain minimum width along the pedestrian right-of-way, including meeting minimum ADA standards. (9) Maximum Residential Units per Acre; Multi-Family/Condominium. a. Density may be up to 32 units per acre if: (1) Non-residential uses comprise a minimum of 10% of the gross floor area of the development or (2) Non-residential uses are contained on 100% of the first floor street frontage of the same structure with residential uses. b. If residential portions are constructed prior to the non-residential components of the development, a maximum of 24 units per acre shall be constructed prior to construction of the non-residential component. (10) Schedule of Minimum Square Footage for Residential Uses Table 1 (11) Building Materials. Standards shall apply to both Residential and Non-residential buildings. a. Exterior: Brick, stone, cast stone, Exterior Insulation and Finish System (EIFS - but not less than 15 feet above grade), stucco, and architectural (not construction grade). b. Roofing: Flat roofs shall be concealed with parapets. Pitch roofs, if provided, shall have a minimum pitch of 9/12. Gable roofs, if provided, shall have a minimum pitch of 6/12. Asphalt shingles, industry approved synthetic shingles, standing seam metal or tile roofs are allowed (12) Trash & Mechanical Equipment. The provisions of Part III C Section 40 of the Anna Code, Screening of Mechanical Equipment shall apply. (13) Awnings and Overhanging Eaves. May be permitted to project into the public right-of-way along the street frontage, provided the following conditions are met: a. Awnings or overhanging eaves shall not project closer than 4 feet from the face of the curb. b. Awnings or overhanging eaves shall provide a minimum of 9 feet clearance above grade and comply with building code requirements (Figure 1). C. No poles or supporting columns are allowed within the street right-of-way. d. The following materials are approved for the construction of awnings and overhanging eaves: industry accepted metal, canvas and woven vinyl. o U Minimum 900 sq. ft. 750 average Living per unit minimum sq. ft. Area (11) Building Materials. Standards shall apply to both Residential and Non-residential buildings. a. Exterior: Brick, stone, cast stone, Exterior Insulation and Finish System (EIFS - but not less than 15 feet above grade), stucco, and architectural (not construction grade). b. Roofing: Flat roofs shall be concealed with parapets. Pitch roofs, if provided, shall have a minimum pitch of 9/12. Gable roofs, if provided, shall have a minimum pitch of 6/12. Asphalt shingles, industry approved synthetic shingles, standing seam metal or tile roofs are allowed (12) Trash & Mechanical Equipment. The provisions of Part III C Section 40 of the Anna Code, Screening of Mechanical Equipment shall apply. (13) Awnings and Overhanging Eaves. May be permitted to project into the public right-of-way along the street frontage, provided the following conditions are met: a. Awnings or overhanging eaves shall not project closer than 4 feet from the face of the curb. b. Awnings or overhanging eaves shall provide a minimum of 9 feet clearance above grade and comply with building code requirements (Figure 1). C. No poles or supporting columns are allowed within the street right-of-way. d. The following materials are approved for the construction of awnings and overhanging eaves: industry accepted metal, canvas and woven vinyl. BUILDII FIGURE 1 JSLL�"�STREET GRADE STREET R.O.W. (WILL VARY) (14) Landscape and Screening Standards. The landscaping and screening standards as described in Part III -E, Landscape Regulations, shall apply with the following exceptions: a. Minimum Width of Landscape Setback. Minimum Width of Landscape Setback, shall not apply. b. Street Trees. Street trees shall be required along all public street frontages. (1) A minimum 12 feet streetscape from the back of curb shall be required. If the required right-of-way dedication is less than 12 feet from the back of curb to the property line, the additional area shall be provided on private property through a landscape casement. (2) Streetscape shall include a minimum 4 feet wide strip for street trees or planters and a minimum 8 feet wide sidewalk(Figure 2). If trees are planted adjacent to the street at the back of the curb, a vertical root barrier is required to keep pavement from cracking. (3) Street trees shall be a minimum 7 feet in height and 3 -inch caliper at time of planting. (4) Street trees shall be limited to the following species: Live Oak Quercus fusiformis Cedar Elm Ulmus crassifolia Chinese Pistachio Pistacia chinensis Chinquapin Oak Queens muhlenbergii Winged Elm Ulmus alata Lacebark Ulmus parvifolia Shumard Oak Quercus shumardii (5) When the trees are established (usually after three years of planting), those located in or adjacent to the sidewalk shall be trimmed so that there is a minimum clearance of 8 feet between the sidewalk and the lowest branches. (6) Street trees shall generally be spaced at 30 feet on center, but in no case greater than 40 feet apart. FIGURE 2 mle. 8'-0" wide min. 8'.0" Wide SIDEWALK tree otdp, M" mde, d between 'to 38' Irb or. 5 Access and Parking Requirements min. 8,4, Wide SIDEWALK I u I .,i m I min. 8'-0"wide S16EWALK 39 Strip, I" wide, re@weon Ow (a) OFF-STREET PARKING (1) a. Anna Code Part III C Section 38, Parking Space Regulations shall not apply. Instead, the following Schedule of Off-street Parking Standards shall apply. Schedule of Off -Street Parking Number of A. RESIDENTIAL parking Required for Each Spaces Apartment 1 Dwelling Unit B. NON-RESIDENTIAL The non-residential parking standard shall be one-third of the standard required by Anna Code Part III C Section 38. b. When parking is provided, required parking spaces for the disabled shall be provided for in accordance with TDLR regulations. C. Parking can be built as a private improvement in public right-of-way. (2) Vehicular access shall be provided from any frontage other than the primary frontage, where available. (3) Driveways located on the same project site shall be a minimum of 200 linear feet apart from each other (cross -access easements or shared parking facilities may be necessary). Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the provisions of this ordinance shall pertain to the property described herein. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. 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 by the City Council of the City of Anna, Texas, this 291h day of March, 2012. ATTESTED: APPROVED: vo` ) 42 Ci Secretary, Natha Wilkison ayo , Da en D 'skell EXHIBIT A Legal Description "SF -1" & "C-1" to Planned Development Being a tract of land, situated in the Henry Brantley Survey, Abstract No. 71, in the City of Anna, Collin County, Texas and being all of that tract of land described by deed to Leon ONeal and Linda O'neal, as recorded under County Clerk's File No. 95-0026290, of the Deed Records of Collin County, Texas (D.R.C.C.T.), said tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (hereinafter referred to as a 1/2" iron rod set) for corner, said corner being in the westerly monumented line of State Highway No. 5, same being the northeasterly corner of said ONeal tract and also being the southeasterly corner of a tract of land described by deed to Mary Joyce Compton, as recorded in Volume 1673, Page 166, D.R.C.C.T.; THENCE South 01'54'00" West, along said westerly monument line of State Highway No. 5, a distance of 125.00' to a 1/2" iron rod set at the southeasterly corner of said ONeal tract, same being at the intersection of said westerly monumented line of said State Highway No. 5 and the northerly monumented line of Third Street; THENCE North 88010'50" West, along the northerly line of said Third Street, a distance of 250.02' to a 1/2" iron rod set at the southwesterly corner of said ONeal tract, same being at the intersection of the northerly line of Third Street and the easterly monumented line of James Street; THENCE North 01'54'00" East, along the easterly monumented line of said James Street, a distance of 125.00' to a 1/2" iron rod set at the northwesterly corner of said O'Neal tract, same being the southwesterly corner of a tract of land described by deed to Robert Dale Lounsbury and Dorothy Ann Lounsbury, as recorded under County Clerk's File No. 20080618000739250, D.R.C.C.T.; THENCE South 88°10'50" East, partially along the southerly line of said Lounsbury tract and also partially along the southerly line of the aforementioned Compton tract, a distance of 250.02' to the POINT OF BEGINNING and containing 0.717 of one acre of land, more or less. EXHIBIT B (Concept Plan) a rmlisomo®M111111N APA Q-! PARK NG V AGr Q/ hO SLALE a -11:11 , Q THIRD STREET 'RASH ENGLOS.F PLAN 9-W GNN l LL nu I ©-`wv6 c�a�cT4iL i mrvsHr. ncmrcazowiazvm o.i�'.5� M rvc.akwsz-v vn.ro w wmnm.s /vlI \` a rmlisomo®M111111N APA Q-! PARK NG V AGr Q/ hO SLALE a -11:11 , Q THIRD STREET 'RASH ENGLOS.F PLAN 9-W GNN l LL EXHIBIT B (Concept Plan) F----------------- JANE5 STQEET 5TATE HI6HNAY NO 5 r x0DKAFriNG&I GIOAEN,TX.7R552 [DESIGN��R EXPRESSWAY X.7955�xoo OFFICE (956)4257040 PROJECT: " ITTRER ' 25-7714 DATE: 2-14-12 i TH H DISTINCTIVE DRAFTING & DESIGN HBRBBY RESERVES ITS COMMON COPYRIGHT LAW & O PROPERTY R[GIiT IN TE k PLANS & DESIGNS. THESE PLANS ARE NOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORM OR MANNER WHATSORVER, EXHIBIT B (Concept Plan) F----------------- JANE5 STQEET 5TATE HI6HNAY NO 5 r x0DKAFriNG&I GIOAEN,TX.7R552 [DESIGN��R EXPRESSWAY X.7955�xoo OFFICE (956)4257040 PROJECT: " ITTRER ' 25-7714 DATE: 2-14-12 TH H DISTINCTIVE DRAFTING & DESIGN HBRBBY RESERVES ITS COMMON COPYRIGHT LAW & O PROPERTY R[GIiT IN TE PLANS & DESIGNS. THESE PLANS ARE NOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY FORM OR MANNER WHATSORVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAU41NG THE EXPRESSW RITTEN PERMISSION FROM DISTINCTIVE DRAFTING & DESIGN. DISTINCTIVE DRAFf7NG & DESIGN TAKES NO RESPONSIBILITY FOR THE CONSTRUCTION OF THE RESIDENCE OR BUILDING. FOURTH