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HomeMy WebLinkAboutOrd 692-2015 amend setbacks for anna village.pdfCITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of South Powell Parkway in the 1200 to 1300 block) ORDINANCE NO. 692-2015 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 change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the west side of South Powell Parkway in the 1200 to 1300 block being rezoned from Single Family Estate (SFE) zoning to Planned Development (PD) zoning; 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 Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III -C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Single Family Estate (SFE) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Restricted Commercial (C-1) district for Tract A and Apartments for Tract B. CITY OF ANNA, TEXAS ORDINANCE NO. 692-2015 Page 1 of 5 C. Multi -family Units: Multi -family units shall be allowed within Tract B. The Multifamily uses within the Business Park District shall be developed in accordance with the "MF -2 — Multiple Family Residential" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. A maximum of twenty five (25) units per gross acre of land shall be permitted. Additionally, multifamily units shall be developed in accordance with the following criteria: Lot Area: The minimum area of any lot shall be ten thousand (10,000) square feet. ii. Required Parking: Parking requirements for multifamily development areas shall be one and one-half (1.5) spaces per one -bedroom and efficiency units, two (2) spaces per two or more bedroom units. iii. Minimum Dwelling: The minimum floor area for multifamily units with one bedroom shall be six hundred (600) square feet, exclusive of garages, open breezeways and porticos. iv. Lot Coverage and Open Space: In no case shall more than fifty (50) percent of the total lot area by covered by the combined area of the main buildings and accessory buildings. a. All MF units must be located within six hundred feet (600') of a usable open space area. The Planning & Zoning Commission may approve this distance to be increased to up to one thousand two hundred feet (1,200') if the shape of the MF development is irregular or if existing trees/vegetation on the site can be preserved by increasing the distance. b. Within useable open space areas, there shall be at least one (1) tree for every one thousand (2,000) square feet of space. New trees planted to meet this requirement shall be a minimum of three inches (3") in caliper. C. Individual usable open space areas shall be at least twenty thousand (20,000) square feet in size. Useable open space must be a minimum of fifty feet (50') wide, and must have no slope greater than ten percent (10%). At the time of Site Plan approval, the Planning & Zoning Commission may approve, full or partial credit for open areas that exceed the 10% maximum slope if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development or the surrounding area. d. Pools, tennis courts, walkways, patios and similar outdoor amenities may be located within areas designated as useable open space. CITY OF ANNA, TEXAS ORDINANCE NO. 692-2015 Page 2 of 5 Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead electrical transmission lines and easements, drainage channels and antennas may not be included in calculating useable open space. V. Lot Width: The minimum width of any lot shall not be less than fifty (50) feet. vi. Lot Depth: The minimum depth of any lot shall not be less than one hundred twenty (120) feet. vi. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. The front setback (the area between the apartment tract and commercial tract contained herein) may be reduced to zero (0') feet when the area is used as a garage that backs to the commercial tract and acts as a perimeter fence. vii. Side Yard: The minimum side yard on each side of the lot shall be ten (10) feet. A side yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation of fifteen (15) feet shall be provided between multi -family structures. If a side yard is adjacent to a single family residential district, there shall be a twenty-five (25) foot setback and a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height. viii. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25) feet. If a rear yard is adjacent to a single family residential district, there shall be a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height. ix. Maximum Height: Buildings shall be a maximum of three (3) stories, not to exceed forty (40)) forty four (44) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. X. Screening Requirements: Border fencing of masonry construction (approved by the City) of not less than eight feet in height shall be installed by the builder at the time of construction of any Multi -family complex, along the property line on any perimeter not abutting a creek, public street or right-of-way. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. A. Staggered Wall Line: Front elevation walls must have a minimum four (4) foot offset between the relative front walls (exclusive of exterior balconies) of two adjacent units in the same building. CITY OF ANNA, TEXAS ORDINANCE NO. 692-2015 Page 3 of 5 xii. Masonry Requirements: All principal multi -family buildings and structures shall have at least ninety percent (90%) of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas constructed of acceptable masonry wall construction, in accordance with the city's building code and fire prevention code. xiii. A minimum of 10 percent of the parking spaces must be covered. Garages for resident parking shall be the same or similar to the fagade materials of the main structures, xiv. The building must have roof articulation approved by the Planning Director. The main roof plane shall not occupy more than 70 percent of the plane. xv. The Club House must be constructed before the eighty second multi -family unit receives a certificate of occupancy. xvi. The water and sewer service for this property must be approved by the City. xvii. The property must be platted prior to the issuance of a building permit. xvii. Any structure over 6,000 square feet shall be sprinkled. Additionally, firewalls required by code or recommendations from the Fire Chief will be addressed during plan review. d. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. e. The Conceptual Development Plan will expire after two (2) years of approval. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. CITY OF ANNA, TEXAS ORDINANCE NO. 692-2015 Page 4 of 5 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. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 23rd day of June 2015. ATTESTED: Mirenda McQuagge-Walden, Acting City Secretary APPROVED: 0 F �dJJ,ryyff���✓✓� W r .a � a 'rT be �'fit m a ;. ANr������ilil;tl tl{1111 ti� Mike Crist, Mayor CITY OF ANNA, TEXAS ORDINANCE NO. 692-2015 Page 5 of 5