HomeMy WebLinkAboutOrd 586-2012 Smith Bldg Zoning- 118 W 4th St.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 586-2012
Smith Building Zoning
"Planned Development" ("PD")
118 West Fourth Street
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 "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
1
(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
(b) 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:
I. 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.
4
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
I . 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
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.
6
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).
0
p
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).
BUILDII
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.
5 Access and Parking Requirements
JRSTREET GRADE
STREET R.O.W. (WILL VARY)
(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.
8
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 12th day of June, 2012.
-)�Y &a�-
City, ecretary, gatha Wilkison
rx %
EXHIBIT A
Legal Description
"Gl" to "PD" (Planned Development)
Being lots 13, 14, 15, and 16 of block 5 of the Old Donation Plat of the City of Anna, Texas.
and containing approximately10.3 acres of land, more or less.
EXHIBIT B
(Concept Plan)
11
M
® Z
® V)
IC Z J®¢w
H LU Z
® Z
m ® HLu
®
V) LL
Q�nO
O0.
V/ ®IX
N
IL o
N
O
"o
�N
r
W
FH
____1n
.,zz.ro.on s --__—
k�•
o
r
n
�O
i0
K
� t ,
I
Kill;
133](LS (YH62L>(X.�LNZ
12