HomeMy WebLinkAboutOrd 703-2015 Rezoning E of Dart RR and N of Finley.pdf CITY OF ANNA, TEXAS
ORDINANCE NO. 2015-703
(Property rezoned under this ordinance is generally located
east of the Dart Railroad and north of Finley Blvd.)
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 and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located east of the Dart Railroad and north of Finley Blvd.
revising the existing "PD 129-2004" as amended to refine the multi-family element; 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 modifying the existing PD 129-2004
as amended with revisions to the Multi-Family Residential (MF-1) element with a maximum of
180 units within the tract.
Standards for Multi-Family Uses in the Planned Development:
1. MF-1 MULTI-FAMILY RESIDENTIAL
Multi-family Units: Any Multi-Family area shall be developed in accordance with the "MF-1
— Multiple Family Residential" regulations of the City of Anna Zoning Ordinance as
presently existing or as they may be amended or identified herein. A maximum of 180
units within the tract shall be permitted. Additionally, Multi-Family units shall be developed
in accordance with the following criteria:
i. Lot Area: The minimum area of any lot shall be shall be 8 acres if property is developed as
Multi-Family.
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
eight hundred (800) square feet, for two bedrooms shall be nine hundred and fifty (950)
square feet, and for three bedrooms shall be one thousand one hundred and fifty (1,150)
square feet exclusive of open breezeways and porticos. Any additional bedrooms shall be
a minimum of 150 square feet.
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 (11,200) 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 (1,000) square feet of space. New trees planted to meet this requirement shall be
a minimum of three inches (Y) 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 20%
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.
ORDINANCE NO. 2015-703 2
(Property rezoned under this ordinance is generally located
east of the Dart Railroad and north of Finley Blvd.)
d. Pools, tennis courts, walkways, patios and similar outdoor amenities as well as the existing
Lone Star Gas Easement may be located within areas designated as useable open space.
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.
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. The side setback may be reduced to zero (0') feet when an area is used as
a garage that backs to a tract and acts as a perimeter fence.
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. The rear setback
may be reduced to zero (0') feet when an area is used as a garage that backs to a tract
and acts as a perimeter fence.
ix. Maximum Height: Buildings shall be a maximum of three (3) stories, not to exceed forty
five (45) 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 north property line except where the
fence crosses the Lone Star Gas line easement where a steel fence will be required with a
gate. A steel or masonry fence shall be placed on all other property lines. This fence shall
be maintained throughout the existence of the multi-family complex by the owner of the
complex.
xi. 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 except that the middle units of a building are not required to have an offset if
significant other articulations are provided for as approved by the Planning Director.
xii. Masonry Requirements: All principal multi-family buildings and structures shall have at
least seventy five percent (75%) if built in conformance with the attached building elevation
ORDINANCE NO. 2015-703 3
(Property rezoned under this ordinance is generally located
east of the Dart Railroad and north of Finley Blvd.)
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. If a different elevation is substituted for
approval the masonry content shall be ninety percent (90%).
xiii. A minimum of 135 of the parking spaces must be covered. Of those 135 spaces, there
must be 21 garages that are constructed of the same materials or similar to the fagade 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 during the construction of the first phase of the
planned development to receive 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,
e. 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.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and,
if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be
declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of
any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not
affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or
provisions of this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable
words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all
ORDINANCE NO, 2015-703 4
(Property rezoned under this ordinance is generally located
east of the Dart Railroad and north of Finley Blvd.)
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 27th day of October 2015.
ATTESTED: OF q PROVED
..........
Carrie L. Smith, City Secretaryeke Crist, Mayor
ORDINANCE NO. 2015-703 5
(Property rezoned under this ordinance is generally located
east of the Dart Railroad and north of Finley Blvd.)
` .
Metes&Bounds Description
SITUATED in the State of Texas,County of Collin,and City ofAnna,being part of the GmndisonStark
Survey,Abstract No.798,and being part ofacalled 4Ol0acre tract aarecorded inVo|ume5622, Page
1863 of the Collin County Land Records with said premises being more particularly described as follows:
COMMENCING at a wood fence corner post in the east right-of-way line of the Dallas Area Rapid
Transit rail line marking the southwest corner of said 40.00 acre tract and the most westerly northwest
corner of an 80.00 acre tract as recorded under Document No. of the Collin County Land
Records;
THENCE with the south line of said 40.00 acre tract and the north line of said 80.00 acre tract,South
87°54`05"East,52.2Jfeet toeG|ascapped iron rod found and South g9"13'U4^ East,11.47feet toaG|as
capped iron rod set marking the POINT OF BEGINNING for the herein described premises;
THENCE with the west line of said premises,being 120 feet east of and parallel to the centerline track
ofthe Dallas Area Rapid Transit rail line, North 19"48'Z9" East,642.%Ofeet toaG|ascapped iron rod set
marking the northwest corner ofsaid premises;
THENCE with the north line of said premises, North 89*55'58" East,553.41 feet to a Glas capped iron
rod set marking the northeast corner ofsaid premises;
THENCE with the east line ofsaid premises,South O8~2I'OO" East, passing aG|ascapped iron rod found
at 93.61 feet marking the most northerly northwest corner of said 80.00 acre tract and continuing along
a west line of said 80.00 acre tract for a total distance of 625.07 feet to a Glas capped iron rod found
marking the southeast corner of said premises,an interior ell-corner of said 80.00 acre tract, and being
inthe south line ofsaid 4O.OUacre tract;
THENCE with the south line of said 40.00 acre tract,the south line of said premises,and a north line of
said 80.00 acre tract,North 89013'04"West,872.67 feet to the point of beginning and containing 10.00
acres ofland.
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Please publish the attached in the legal section of the newspaper at the
earliest possible date. Please send tear sheet, publisher's affidavit, and bill
to the City of Anna.
CITY OF ANNA
PUBLIC HEARINGS ON ZONING CHANGES
A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October
271h, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building
located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding
amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning
Ordinance. The public hearing will respectively concern the City Council's consideration of an
ordinance described as follows:
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. The property is currently zoned as PD Planned Development for multi-
family and commercial uses. The owners of the property are requesting a change in the PD to
increase the standards in regard to multi-family development element if multi-family takes place
on a certain 9.482 acres within the existing Planned Development that was approved by
ordinance number 129-2004. The remainder of the ordinance is still applicable. The property is
generally located east of the railroad track and north of Finley Drive.
Copies of the rezoning request, including a map of the property generally described above, are
available for review during regular office hours at the office of the City Secretary, Anna City
Hall, at 1.11 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes
are welcomed and will be accepted until the time of the public hearings and may be presented at
the hearings. Speakers at the hearings will be heard according to their order on a listing to be
established for such purpose by the City Secretary.
CIA