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HomeMy WebLinkAbout2015-03-10 Workshop & Regular MeetingCITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS Y{OUR} HOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP March 10, 2015 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., March 10, 2015 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items, 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding the FY 2015-2016 Budget Calendar. (Clayton Fulton) 4. Briefng/Discussion regarding NTMWD/GTUA water restrictions. (City Manager) 5. CLOSED SESSION (EXCEPTIONS): Under Tex, Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated gation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code, 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act, 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 hvo working days prior to the meeting so that appropriate arrangements can be made. 03-1045 CC Workshop Meeting Agenda.doc 1 Posted 03-06-15 negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code 4551.087); proposed residential and retail developments; d. discuss or deliberate personnel m4tte)0* City Secretary Update; Public Works Superintendent (Tex. Gov't Code, 551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, 6. Consider/Discuss/Action on any items listed on posted agenda for March 10, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5#00 p.m., March 6, 2015. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-10-15 CC Workshop Meeting Agenda.doc 2 Posted 03-06-] 5 r� CITY OFANNA,TEXAS Item NO. 3 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Briefing/Discussion regarding the FY 2015-2016 Budget Calendar. SUMMARY: Yes March 10, 2015 Clayton Fulton The Local Government Code and our City Charter provide guidelines for the process of adopting the annual budget. In order to fund our annual budget, the City must also adopt a property tax rate. The process for adopting the tax rate is stipulated in the Tax Code. Adopting the budget and tax rate goes hand in hand; therefore the budget calendar presented below incorporates the requirements of Texas Code and our City Charter for adopting the annual budget and tax rate. The calendar has highlighted the important dates and deadlines that must be met in order to pass the FY 16 budget and tax rate in the early part of September 2015. Dates in blue highlight various requirements that staff will complete; dates in gray highlight public meetings with the City Council; dates in green are publication dates; and dates in red are holidays. The calendar presented is based upon an assumption that our proposed rate will likely exceed our effective rate (as it did for the current year budget). When the proposed rate exceeds the effective rate, additional public hearings and publications are required. To be clear, staff does not foresee the need to increase our existing tax rate; we anticipate maintaining the current tax rate. However, with any appreciate in property values and with new value added to the rolls, staff wishes to be prepared for any extra requirements and meetings. Every effort has been made to Keep to our regularly scheduled council meetings with the only exception being September 1 for a hearing on the tax rate. This ensures that adequate time and attention are devoted to the budget process prior to its adoption. The proposed schedule provides for the budget and tax rate adoption in early September. The early time table allows council and staff the ability modify the schedule as needed while maintaining our ability to adopt and establish the budget in a timely manner. The schedule provides for 7 budget oriented workshops prior to submittal of the draft budget on July 28. STAFF RECOMMENDATION: None a) m a� N E Q 42 o 0 m a a m E 7 U � U O p 'O O � O w C U O N C CO C/) Q .— c 7 cu U) T C 0 Ilo cu ro a c c Co) a E a� O) (0 c ro C) U N co N 6) m c O O o co OL E O Q O a .c 0) -0 7 L '00 N Q. cc 7 a a a Z) cu N N O W � N N ti co N N © M M O 1� N N L N O O N © d. co LO N m m W m Z3 G m N N O- S S E � � U �! 00 O N co N O co co c:)N M W LN 0) N N EN N M � N N C\j O 0 N a c N 0 � c O 1 o a M M m ro rA N N N d co CN N M O r^ .d. N DO co coLO N O N N 00 N N O M o m E c � U C31 F— a G o aoi Co G E m c ao' N O a o m m t a � � Q 001 N O) (0 N 00 N N N O) t0 M O N M W LO N O IIIIII N N r � IrIII CC) IIIIII N N CO 0) O J� N N � 0 N � CD F0 x M H U O U O U C O O o a x o 0 X 0 c a 1� a 0) o rn m a O C G c O h O N O O U lommiff E � O O c G C c co a Z N a� m Z L 0_ Z n O U O UJ O O C U O 3 N 7 N a a ti a cl N N N U 01 o1 M M O 1� N N N O M N � W N M CD � N M N O M co O N M CITY OF ANNA, TEXAS Item No. 4 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Briefing/Discussion regarding NTMWD/GTUA water restrictions. Yes March 10, 2015 City Manager SUMMARY: In response to the ongoing drought and historically low lake levels, the North Texas Municipal Water District (NTMWD) Board of Directors voted to extend the NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan seasonal (November — March) watering restrictions through the month of April. This means that NTMWD customers will be limited to landscape watering with sprinklers or irrigation systems to once every two weeks, when needed. Future actions on watering restrictions will depend on water levels in the District's supply reservoirs. The City of Anna purchases water from NTMWD through a contract with the Greater Texoma Utility Authority (GTUA). In order to conserve our existing groundwater resources and limit the amount of treated surface water the City will need to purchase from NTMWD, the City will implement modified Stage 2 Water Resource Emergency Management Plan measures. In addition to the Landscape and Water Management Regulations adopted in Part II, Article 8, Section 16 of the Anna City Code, the following water conservation measures are required: 1. From April 1 through October 31, the use of lawn and landscape sprinklers and irrigation systems is restricted to the evening/night and early morning hours only between 6:00 p.m. to 10:00 a.m. Outdoor irrigation during rain or any form of precipitation is prohibited. 2. From November 1 through April 30, the use of lawn and landscape sprinklers and irrigation systems at each service address is limited to once every other week (if needed) on designated Assigned Watering Days. This may be extended depending on water levels in the NTMWD's supply reservoirs. 3. From May 1 through October 31, the use of lawn and landscape sprinklers and irrigation systems at each service address is limited to once per week (if needed) on designated Assigned Watering Days. 4. Assigned Watering Days. In order to more evenly distribute the demand on our water system, each residential and business customer is assigned one outdoor watering day per week based on the last number in the street address as shown in the table below: Assigned Watering Day Mon. Tues. Wed. Thurs. Fri. Last Number in Address 0 or 9 1 or 2 3 or 4 5 or 6 7 or 8 For example if your street address number is 4701, your assigned watering day is Tuesday. If your street address number is 1008, your assigned watering day is Friday. Residential and business customers may not use sprinklers and landscape irrigation systems except on their assigned watering day. Exceptions are as follows: • New Landscape associated with new construction may be watered in as necessary for 30 days from the installation of new landscape features, provided such watering complies with all other Landscape and Water Management Regulations (Part II, Article 8, Section 16 of the Anna City Code). • Foundations, trees and shrubs (within a ten foot radius of the trunk), and planting beds (flowers, ornamental and garden plants, etc.) may be watered for up to two hours on any day by a hand-held hose with shut off nozzle, a soaker hose, or a dedicated zone using a Drip Irrigation system, provided no runoff occurs. (does not include watering lawns or turf grass) � Public athletic fields used for competition may be watered twice per week. The City may order the suspension of such irrigation if necessary to recharge oI maintain adequate water levels in the City's ground and elevated water storage tanks. • Golf course greens and tee boxes maybe hand watered as needed. 5. Hydro seeding, hydro mulching, and sprigging are prohibited. 6. A hose end cutoff nozzle must be used when washing or rinsing vehicles. 7. A pressure washer should be used for hosing driveways or paved surfaces. 8. Water customers are encouraged to refrain from draining and refilled existing swimming pools except refilling to replace normal water loss. We urge our water customers to fully comply with the modified Stage 2 Water Resource Emergency Management Plan measures. Reducing our water usage will help extend the City's groundwater resources and limit the amount of treated surface water the City will need to purchase from the North Texas Municipal Water District (NTMWD). The City's water conservation program is part of a larger collective effort to preserve water resources in the rapidly growing north Texas region. NEWS ADVISORY North Texas Municipal Water District For Immediate Release Media Contact: Denise Hickey (972) 442-5405 Low lake levels, below average rainfall prompt NTMWD Board to continue Stage 3 of Drought Plan Landscape watering, if needed, is limited to once every two weeks. (Wylie, Texas -February 26, 2015) In response to the ongoing drought and historically low lake levels, the North Texas Municipal Water District (NTMWD) Board of Directors voted to extend the NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan Stage 3 seasonal watering restrictions through the month of April. This means that residential and business customers will be limited to landscape watering with sprinklers or irrigation systems to once every two weeks, when needed. Other water management measures may apply - check with your city for additional details. Future actions on watering restrictions will depend on water levels in the District's supply reservoirs. "Our primary water supplies are below normal due to less than average rainfall and the persistent drought," said Tom Kula, Executive Director of NTMWD. "Before we can lift water restrictions, our reservoirs need several months of average rainfall -- enough to significantly raise lake levels." For now, the NTMWD Board of Directors will reconsider the continuation of Stage 3 watering restrictions on a monthly basis at least through May. Stage 3 watering restrictions are part of the NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan (2008), which addresses how to reduce water usage, improve the efficient use of water, and extend the life of current supplies, https://ntmwd.com/downloads/planslolansntmwdcombined.,odf. Check with your city for specific water restrictions. As of February 26, 2015, Lavon Lake's elevation was down 10.98 feet and Lake Jim Chapman, another critical NTMWD water source, was also down 9.91 feet. NTMWD reminds customers that thousands of gallons of water can be saved through proper irrigation practices. "Overwatering our lawns and not repairing broken or misaligned sprinkler heads are the largest water wasters outside the home." said Kula. "We urge all residents and business owners with sprinkler or automatic irrigation systems to operate those systems on manual mode and only water their lawns when needed. NTMWD also encourages customers to use a free weather -based conservation tool such as www.WaterMyYard.org. The tool uses local weather conditions to determine when watering is necessary to maintain a healthy lawn. Customers receive weekly emails with details on how long to run an irrigation system. Using this weather -based system during 2011, the driest year of record, no additional watering was needed 33 weeks of the year, including the month of April," notes Kula. NTMWD has identified and is developing additional raw water supplies to meet the future water demands and population growth for the next 50 years. These supplies and other required water management strategies are included in the 2012 State Water Plan. Near -Term Wafer Supply Strategies Dallas Interim Contract Extension 40 MGD 2016 Main Stem Pump Station Construction 50 MGD 2017 Lower Bois d'Arc Creek Reservoir 108 MGD 2020 Million Gallons per Day (MGD) More information and tips on water conservation can be found at www.northtexaswateriq.orq and www.ntmwd.com. CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING March 109 2015 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., March 10, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as attendance. If you wish to speak on an open -session agenda item please Opinion/Speaker Registration Form and turn it in to the City Secretary meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. a record of fill out the before the 3. Citizen comments. Citizens are allowed 3 minZrtes to speak. The Cozrncil is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 034045 CC Regular Meeting Agenda.doc 1 Posted 03-06-15 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a resolution approving the `.`Matthew Jackman" site plan and landscape plan. (Maurice Schwanke) b. Approve a resolution approving the Anna Crossing, Phase 4 preliminary plat. (Maurice Schwanke) c. Approve a resolution approving the Anna Town Square preliminary plat. (Maurice Schwanke) 6. Public Hearing: (1st) For the City Council to hear public comment regarding the annexation of a tract of land in the Hiram Brinlee Survey, ABS 0030 generally located north of Foster Crossing Blvd. and on both sides of County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of land more or less. (Maurice Schwanke) 7. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD"— single family residential. (Maurice Schwanke) 8. Consider/Discuss/Action regarding a Resolution approving an Amended Subdivision Improvement Agreement with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. (City Manager) 9. Consider/Discuss/Action regarding a resolution approving an engineering service task order for Water Disinfection System Upgrades. (Joseph Johnson) 10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code . 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legallyjustified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-10-I5 CC Regular Meeting Agenda.doc 2 Posted 03-06-15 to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code . 551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Public Works Superintendent (Tex. Gov't Code 4551.074). The council fiuther reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 11. Consider/Discuss/Action on any items listed on posted agenda for March 10, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 12. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. March 6, 2015. Natha Wilkison, City Secretary I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into e�.ecutive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 03-10-15 CC Regular Meeting Agenda.doc 3 Posted 03-06-15 CITY OF ANNA, TEXAS AGENDA SUBJECT: Call to order. SUMMARY: STAFF RECOMMENDATION: Item NO. I City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 10I 2015 City Manager CITY OF ANNA, TEXAS Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: March 10, 2015 City Manager CITY OF ANNA, TEXAS AGENDA SUBJECT: Citizen comments. Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 10, 2015 City Manager Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: March 10, 2015 Staff Contact: City Manager Exhihits: AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 5 a-c City Secretary's use only City COuncil Agenda Staff Report Date: Staff Contact: Exhibits: March 10, 2015 City Manager AGENDA SUBJECT: Consent Items. These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve a resolution approving the "Matthew Jackman" site plan and landscape plan. (Maurice Schwanke) b. Approve a resolution approving the Anna Crossing, Phase 4 preliminary plat. (Maurice Schwanke) c. Approve a resolution approving the Anna Town Square preliminary plat. (Maurice Schwanke) STAFF RECOMMENDATION: Staff recommends approval of the consent items. CITY OF ANNA, TEXAS Item No. ,Suaj City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March Yes 10, 2015 Maurice Schwanke AGENDA SUBJECT: Approve resolution regarding "Matthew Jackman" site and landscape plan. SUMMARY: A site plan has been submitted on land owned by Jackman Real Estate. The proposed site plan includes an additional building on the site and the addition of parking. Additionally, the existing building is being remodeled at this time. The site plan will aHow for future medical and general office uses. The tract is an approximate 1.11 acres. Requirements for the site will include the addition of a new fire hydrant, the provision of a masonry screen wall adjacent to the residential uses to the north and an additional dedication by separate instrument of a 5 foot wastewater easement along the existing easement on the north side of the property to allow for adequate working space in case a problem occurs with the existing sewer line. It should be noted that the property does not include a portion of the parking and driveway on the western edge of the property which has a separate ownership. It has been recommended that an easement be obtained allowing cross access to the site. The existing dumpster is being removed with all trash removal by way of trash bins. The trash bins shall be out of site from the street when not a pickup day as per City Ordinances. The Staff is recommending approval of the site plan with the stipulations regarding the fire hydrant, screen wall, and wastewater easement dedication. The Planning and Zoning recommended approval of the site plan at their meeting March 3rd, 2015 subject to staffs recommendation. The vote was unanimous. STAFF RECOMMENDATION: Approval of the attached resolution. CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MAl?HEW JACKMAN" SITE AND LANDSCAPE PLAN" LOCATED IN ANNA'S CITY LIMITS GENERALLY LOCATED AT 604 W WHITE STREET AND IS SUBJECT TO THE ZONING REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Regulations"), and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council of the City of Anna, Texas hereby approves the Matthew Jackman site plan with the following stipulations: 1.) A 6 foot high masonry screening wall be built between the commercial and residential properties; 2.) A 5' wastewater line easement be dedicated south of the existing sewer easement, and 3.) A new fire hydrant be constructed along the frontage of West White Street. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th day of March, 2015. Natha Will<ison, City Secretary 1 APPROVED: Mayor, Mike Crist ej $ U J ToW m p Y _ a3"1 w 00 W d 3 Q m�j j R 4 r Z .a ! iILI^ u q =R &i »OY V,_ o m _ _ MC S =Wo i " 8 q m oge �kR g: awww he, 3 ftS a g� z — m Wm� VIomftft _ was w AM at 0 r AM s_ IWOC g e, hoe cc fth MAP bear {Ss i :[•gg :: its9£ F .moo %A at. tooft Iowa or'l haw ha :1 Ott wlw ra Oho *1 Mae he Aw kk Apo 4 __ 4; '1 �E 0 hat jq 1. 3 arm to at a a et art a �v4. `"?5;a j j f a %?;..ri, ;rid -•---To ' .I, S i, 'Zra 143, ja IV At _A oil yye ae A? - Ls at I t . k, CS C 'A.ak if !; i !V 'fto i I i i o I w _ ` oa@ g� ` ' �Z 4¢ " GO Y ana•• ' 3 . ^ Ld ZN � g `e �'•°.+�i°d,y 'sg¢ "¢w aq a Ysa $ S suzm Q Q m € e e $0vv 2_ r "sr`gs' a 2 I n �8 Y�bp~ z 0 $s b gill Ul - `s'<Sara YY ub,' 'mil r6 Li m o CITY OF ANNA, TEXAS Item No. 5.LDI City Secretary's use only City COunal Agenda Staff Report Date: Staff Contact: Exhibits: Yes March 10, 2015 Maurice Schwanke AGENDA SUBJECT: Approve a resolution regarding "Anna Crossing PH 4 Hayslett Addition" preliminary plat. SUMMARY: A preliminary plat has been submitted on 59.82 acres of land out of the G. Stark Survey Abstract number 798. The preliminary plat consists of 129 residential lots and 3 commercial lots. In order for phase 1 to have two points of access a 50' temporary street easement will be provided. The temporary street will be built in a permanent manner in case other phases are not constructed. A note will need to be added to the final plat that lots 15 and 16 cannot be built on until such time as permanent streets are constructed to provide for two points of ingress and egress to the subdivision have been provided. Additionally, no dead end street shall exceed 800'. During engineering we will ensure that the requirement is addressed. This preliminary plat is part of the rezoning request from C-1 to PD for the area south of the commercial tracts. The request was approved by the City Council on February 24th. The Planning and Zoning recommended approval of the preliminary plat at their meeting March 3rd, 2015. The vote was unanimous. This area is currently being engineered for phase I. The staff is recommending the approval of the preliminary plat. STAFF RECOMMENDATION: Approval of attached resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANNA CROSSING PH 4-HAYSLETT ADDITION" PRELIMINARY PLAT" GENERALLY LOCATED IN ANNA'S CITY LIMITS LOCATED EAST OF HWY 5 AND NORTH OF COUNTY ROAD 422 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION, WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part 111-A of the Anna City Code of Ordinances ("Subdivision Regulations"); and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Preliminary Plat The City Council hereby approves the Anna Crossing PH 4-Hayslett Addition preliminary plat subject to the following conditions: 1.) The temporary street will be constructed in a permanent manner; 2.) Dead end streets are required to provide the appropriate turn a rounds; 3.) No Dead end street shall exceed 800 feet. 4.) A street easement shall be provided on the property commonly known as Anna Crossing Phase3b. 5.) All engineering for Phase I shall be completed and accepted prior to submittal of a final plat. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10t" day of March, 2015. ATTEST: Natha Wilkison, City Secretary 1 APPROVED: Mayor, Mike Crist I I � wZ o a _ ¢ too . N 318�gtW1 _ $ 1 0.0 4W oSi^ i«n Jrn ,. Zw 2..nn zN OLSi$oo n an�3:0 Vu:wgW � �8 NW 8� >o a"7�ovns RW fi R Cv NI Q.J F-Z UNQ Z,Q^ d Tea 'n 6,zm�8Y 8 ml ; X(n V:o z3 of o os ,8 U} n o U zo v�i Q a614 ( a F564 } r I Noz O R yi I. a it i CI 4 ^ 5 r y II Y It 1 � 53pp _gT�= ��i5 �'.: 8 a E i � � � a 33 t JR,• .s-�"� R Sag 8 .. OR V ZsE ;Y3 :5 i 2 b b S a� «9'JJ i 0 3 g:3 1 n1 s s$ r a p • 45 e moz $ZS It ;y�e sY yn' v 5 pp pq y I I © g^'c aj.�� %44 I 3�3i� 3Hs all ' 1 1 j^ a a it v 133M15 �';: to lz NtHgS22HH21 3�aHot s 7 0 Jn h 8Y� r _ - Ja j � lj 36'8 _�t33Uy5�^ _ g^ ^ b I egg sug 141 6 i am '• � �7-- s-g i 1 N8 zw f a� .50LaM " .61i60. Y yam. CITY OF ANNA, TEXAS Item No. 5 c City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March Yes 10, 2015 Maurice Schwanke AGENDA SUBJECT: Approve a resolution regarding "Anna Town Square Sharp" preliminary plat. SUMMARY: A preliminary plat of 166.192 acres has been submitted and is called Anna Town Square 4 Sharp Tract. The tract will contain a future amenity center, future park, entry feature (pond and signage) new thoroughfares, and several other tracts with undetermined uses at this time. Prior to development of any of the tracts a final plat will need to be submitted with approved engineering plans addressing all engineering concerns. The Planning and Zoning recommended approval of the preliminary plat at their meeting March 3rd, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANNA TOWN SQUARE SHARP" PRELIMINARY PLAT" GENERALLY LOCATED IN ANNA'S CITY LIMITS LOCATED EAST OF HWY 5 AND NORTH OF COUNTY ROAD 422 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"), and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Anna Town Square Sharp preliminary plat subject to the following. 1.) Engineering plans shall be submitted and accepted that are required to support a lot or phase prior to the submittal of any final plat. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th day of March, 2015. 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The annexation consists of 4 parcels of land. SUMMARY: This is the first of 2 public hearings required when annexing land. This proposed involuntary annexation involves approximately 64.1 acres of land located north of Foster Crossing Blvd. on both sides of County Road 419. The land is currently used for agricultural purposes, A GCEC Electrical power substation, an industrial site with large pipe and pole storage and construction staging uses, the area is adjacent to the city limits on the west. Approximately 28 acres of the proposed annexation is slated to become a concrete batch plant owned by Tricycle Lane Texas LLC. This owner is also known as Burnco which has an approved Development Plat for their facility. Traversing the site will be a major Collector Street in 120' of right-of-way that will need to be reserved or dedicated. STAFF RECOMMENDATION: Hold Public Hearing. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Tuesday, March lOt�', at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5) regarding annexation of the following tract: A tract of land in the Guinn Morrison Survey, Abstract No. 559 and the Hiram Brinlee Survey Abstract No. 30 generally located north of Foster Crossing Blvd. and is traversed by County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of land. The annexation consists of 4 parcels of land. Additional information regarding the annexation can be secured from the office of the Planning and Development Department, City of Anna, by phone at 972-924-2616, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at 3223 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna. to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in wrng to the City Secretary, PO Box 776, Anna, TX 75409 or through personal deliver at the Ana City Hall Administration Building, 111 N. Powell Parkway, Anna, TX, 75409. �w CITY OF AN NA, TEXAS AGENDA SUBJECT: Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Fxhihits March 10I 2015 Maurice Schwanke Yes Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD" — single family residential. SUMMARY: This zoning submittal consists of approximately 368.2 total acres of land within the City of Anna. The uses proposed for this Property follow the intent of the City of Anna Comprehensive Plan. The proposal creates a master planned community featuring a mixture of lot sizes that should encourage sustainable neighborhoods. The following table summarizes the proposed lot sizes and densities: LAND USE SUMMARY USE ACREAGE+/- SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL- 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 27.7% 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTAL 163.7 654 4.00 443% OPEN SPACE 148.7 40.4% FIRE STATION 2.5 03% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 3681 654 136 GROSS 100.0% This PD will replace the existing small lot entitlements with the smallest lot being 8,400 square feet. Also proposed in this PD are integrated parks and open spaces which will help to preserve areas designated within the 100-year floodplain. A fire station location is being planned for incorporation into the development as well as an amenity center. The Planning and Zoning recommended approval of the zoning request at their September 8, 2014. The vote was unanimous. A public hearing was opened and continued at the City Council. STAFF RECOMMENDATION: Open and Continue the Public Hearing until April 28tn CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of FM 455 and west of U.S. 75) ORDINANCE NO. 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 on the north side of FM 455 and west of U.S. 75 being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family Residential (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 PD - Single Family Residential to PD — Single Family Residential zoning. 1 I. PURPOSE AND INTENT A. Purpose and Intent: This zoning submittal addresses the disposition of approximately 368 total acres of land within the City of Anna more fully described on the legal description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses proposed for the Property follow the intent of the City of Anna Comprehensive Plan dated March 2010. It is the intent of the Planned Development (PD) to offer greater flexibility for residential development. The purpose of the district is to create a master planned community featuring a mixture of housing types in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which includes such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks, ball fields and walking trails. d. Integrated parks and open space to preserve areas designated within the 100-year floodplain. This will protect existing stream corridors and other physical assets as amenities. 3. The Villages of Hurricane Creel< PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Villages of Hurricane Creels District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of Hurricane Creels. II. DEFINITIONS Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use; (b) is subordinate in area, extent, or purpose to the principal Building or principal Use served and is not physically connected to the principal Building; (c) contributes to the comfort, convenience and necessity of occupants of the principal Building or principal Use served; and (d) 2 is located on the same Building Lot as the principal Use served. If connected to the principal Building, a structure becomes part of the principal Building. Block: Property abutting on one side of the Street and lying between the nearest intersecting or intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such Street. Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate Building, except as regards minimum side yards. Building Line: Aline parallel or approximately parallel to the Street line at a specific distance there from marking the minimum distance from the Street line that a Building may be erected. Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides by such Building, or the Open Space provided for access to a dwelling group. District: A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Part of the Code. The term "residential District" means any SF-E, SF-1, SF-84, SF-72, SF-60, SF-2, SF-Z, SF- TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1 District. Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one Family, and in which not more than two persons, other than members of the Family, are lodged or boarded for compensation at any one time. Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and having no physical connection to a Building on any other Lot. Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is considered in the Flood Plain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the City. Frontage: All the property abutting on one side of a Street between intersecting or intercepting Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village boundary measured along the Street line. An intercepting Street shall determine only the boundary of the Frontage on the side of the Street which it shall determine only the boundary of the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one Street, the planning and zoning commission shall determine the Frontage for purposes of the Part of the Code. Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially adopted and as amended from time to time by the City Council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public Buildings. Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory Buildings, or by a group such as a dwelling group or automobile Court and their Accessory Buildings, including the yards and Open Spaces required therefore by this title and other applicable law. Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle of intersection or interception does not exceed 135°. Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or floor) of Buildings located on the Lot. Lot, Interior: A Lot other than a corner Lot. Lot, Lines: The property lines bounding the Lot as defined herein. Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line on a Street and the other line on a river, lake, creek or other permanent body of water. Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot. Lot Width: The width measured at a distance back from the front line equal to the minimum depth required for a Front Yard. Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerl< of Collin County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Collin County, prior to January 1, 1986. Main Buildins: A Building in which is conducted principal Use of the Lot on which it is situated. Open Space: That part of any Lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may be considered as Open Space, provided such Open Space is contiguous and part of the platted Lot and is maintained and utilized in the same manner and to the same degree as all other Open Space areas as is designated on the site plan as filed with the building permit application. Planned Development: Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and Buildings; for principal and accessory structures and uses substantially related to the character of the District; according to comprehensive and detailed plans which include not only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations of all Buildings as intended be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the Buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common Use by some or all of the occupants of the District, but will not be provided, operated, or maintained at general public expense. Planned Development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the District and areas without the District. Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot line, the depth of which is dependent upon the zoning District in which the Lot is located. Screening Element (Device): A barrier of permanent material of sufficient heights and density so that the objects being screened are not visible from any point on the Lot line when viewed from any height between ground level and seven feet above ground level and shall mean any of the following: (a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than 30% open; (b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or (c) Landscaped earth berms may, when appropriate in scale, be considered and used as a Screening Element in lieu of a fence, wall, hedge, or other dense planting material. Street: A public or private thoroughfare which affords the principal means of access to abutting property. The Villages of Hurricane Creel< Concept Plan (Exhibit B): The graphic plan for The Villages of Hurricane Creek that establishes and delineates the respective PD sub -districts such as the Village Center and other Neighborhoods. Thoroughfare: An offlly designated federal or state numbered highway or county or other road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City of Anna. Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City Council establishing the location and official right-of-way width of principal highways and Streets in the city, together with all amendments thereto subsequently adopted. Use: The purpose for which land or a Building or structure thereon is designed, arranged intended or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part. (Ord. No. 457-2009, adopted 08125109) Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and accessory thereto. Yard: An Open Space, other than a Court, on the same Lot with a Building. 5 Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the front line of the Lot and the nearest portion of the main Buildings including an enclosed or covered porch, provided that the Front Yard depth shall be measured from the future Street line for a Street on which a Lot fronts, when such line is shown on the official map or is otherwise established. Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the rear line of the Lot and the main Building. Yard, Side: A yard between the side line of the Lot and the main Building extending from the Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side line and the main Building. Zoning Map: The official Zoning Map of the City of Anna together with all amendments subsequently adopted. *Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "used" includes designed and intended or arranged to be used; the word "Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel. Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall govern. III. LOT TYPE REGULATIONS The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals established for the district. The lot type and requirement shall be as follows: A. Lot Type SF-84 (70' x 120'): 1. Purpose: The SF-8Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public Cl"d private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 8,400 square feet 7 Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Brick or rock veneer) 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 70 feet minimum; building line) 120 feet minimum (measured at the front 7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). Lot Type SF-84 (80' x 120'): 1. Purpose: The SF - The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a 3F-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance, The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized Anna Subdivision Regulations, no building permit or Floodplain 5. Height Regulations: No building shall exceed thirty-five feet (35'). in the City 0 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 9,600 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Bricl<or rocl<veneer) 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 80 feet minimum; building line) 120 feet minimum 80% (measured at the front 7. Parl<ing Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). 10 C. Lot Type Sr-84 (90' x 120'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. 6. 7 Height Regulations: No building shall exceed thirty-five feet (35'). Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,800 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Bricl<or rocl<veneer) 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 90 feet minimum; building line) 120 feet minimum 80% (measured at the front Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street 12 parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). D. Lot Type SF-84 (100' x 150'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. 13 d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 15,000 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sl<y from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 100 feet minimum; (measured at the front building line) 14 Lot Depth: 150 feet minimum Masonry (Brick or rock veneer): 80% 7. Parlcinta Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). TABLE NO. 3-1 Land Use Summary LAND USE SUMMARY USE ACREAGE +/= SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 27.7% 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTAL 163.7 1 654 1 4.00 44.5% OPEN SPACE 148.7 40.4% FIRE STATION 2.5 03% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% IV. DEVELOPMENT AND DESIGN STANDARDS A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 35 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. 15 B. Screening and Fences: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 40 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance C. Landscape Standards: All development within The Villages of Hurricane Creek Planned Development District shall comply with the City of Anna Code of Ordinance Part III-E (Landscape Regulations) in effect at the time of City Council approval of this ordinance. 1. Tree Requirements: For all single-family and duplex parcels, builders shall be required to plant two large trees (minimum of three-inch caliper and seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. Existing quality trees of at least three- inch caliper size located on the lot shall count to meet this standard if appropriate tree protection measures have been followed. (Ord. No. 56-2003, adopted 211112003) Requirements for single family residential and duplex lots three-inch caliper trees selected from the Large Tree list in the City of Anna Landscape Regulations shall be planted on all single family residential, duplex, and town home lots. At least one of the trees must be placed in the front yard of the lot. Single Family Residential (SF-84) requires 3 trees. The following are approved large trees: Caddo Maple Pecan Shagbark Hickory DeodarCedar Texas Persimmon Black Walnut Eastern Black Walnut Red Cedar Eastern Red Cedar Sweetgum Southern Magnolia Chinese Pistachio Texas Pistache Bur Oalc Chinquapin Oak Shumard Oak Texas Red Oak Live Oak Western Soapberry Bald Cypress Winged Elm American Elm Cedar Elm Chinese Elm Lace Bark Elm Siberian Elm 16 D. Off -Street Parking Requirements: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 38 of the City of Anna Zoning Ordinance. E. Residential Architectural Standards: 1) House repetition. a. Within residential developments, single family homes with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street. b. Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations. 2) Building Articulation. At least four facade articulation techniques are required on each single family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. a. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet. b. Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. c. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. d. Front porch of at least 50 square feet. e. The installation of at least two (2) coach lights. f. Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. 3) Roofs. a. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". b. Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, wood shingles, wood shakes or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25 year warranty. Under no circumstances shall three -tab shingles be used as roofing material. 4) Garages. Garages may be front facing or J Swing type. 17 5) Fenestration. a. Windowless exterior walls, excluding garage doors that face a public right-of-way, or other similar highly visible areas are prohibited. On two story structures, windows are required on the first and second story facing a public right-of-way. b. Windows shall be in harmony with and proportionate to the rest of the structure. c. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater 6) Masonry Content. a. Except as noted below, the exterior walls (excluding windows and doors) on the First Floor Front Elevation of any single family home shall be 90 percent masonry and 80 percent on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. b. Except as noted below, the exterior walls (excluding windows and doors) on the Front Elevation of any multi -family structure shall be 100 percent masonry. The total surface area of the remaining exterior walls (excluding windows and doors) shall be 90% masonry. c. Second floor Dutch Gable Roof elements are not required to be masonry if setback at least 3 feet from the first floor front elevation vertical plane. 7) Exceptions to the Residential Architectural Standards in this section may be only occur after application and review by the Planning and Zoning Commission and approval by the City Council by Specific Use Permit. (Ord. No. 597-2012, adopted 1012312012) V. DEVELOPMENT SCHEDULE Date Total Lots 2016 250 2017 300 2018 375 2019 450 2020 550 2021 654 Home construction anticipated through the end of 2021. 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 A 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. 19 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 24t" day of February 2015. ATTESTED: Natha Willcison, City Secretary APPROVED: Mike Crist, Mayor 20 EXHIBIT "A" LEGAL DESCRIPTION BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract: THENCE S 89°54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89°58'14"W, 849.21 feet; THENCE N 03°33'44"E, 1188.00 feet; THENCE N 88°26'26"W, 365.15 feet; THENCE N 23°08'27"W, 67.47 feet; THENCE N 02°48'15"E, 1930.31 feet; THENCE N 890521S511E, 465.63 feet; THENCE N 89°15'32"E, 742.56 feet; THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being the northwest corner of said 114.252 acre tract; THENCE N 89011100"E, 794.06 feet; THENCE S 00010'57"W, 232.18 feet; THENCE N 89056'12"E, 1184.36 feet; THENCE S 01006'39"E, 55.96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; 21 THENCE S 15°4202W, 121.60 feet; THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; THENCE S 01°06'39"E, 201.55 feet; THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet; THENCE S 08°25'09"W, 393.86 feet; THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet; THENCE S 00°05'44"W, 1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52", having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet; THENCE S 43°31'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet; THENCE N 89°441S0"W, 655.06 feet; THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. 22 EXHIBIT "B" CONCEPT PLAN 23 N �a ap LL 2 apse=� Man M au6g Z I zF z� oy3 = W €W�� Wzoi'a o W �oaE U �u I 0 w 0 s p0 pS z Z i moo aQzLonA9 ¢3 W pz , <g<yUM,t z�d m a I U � o5 2nzzoa 0wi U 0 f . - o a w�g w � EO Q N l NQ I N� o t w� x o Z ~ <pwop o=«WN0« I F �0& 0 o tl °aH zm zp €Q�Fpo N N Z =«pM0 a0 a€o N Q Eil Q o � J J_ } F- U SL fil t �•,`a 00. �9+ Af b<`R Iwo iN CY ms�o ti pb IRV \ \ \ \V �`) S 7 < s w ¢o� Z �NFN 93a \ \ y,p� oQ 6 \ \Sit YYhy $•,� • J EL g f O ui $ wz :4 \ 4y \ WWtt • `_ �8 ;e8 hrP��S i�ge K 3\ Z� a tl d' •iPs \ , w 47 ss 4C C 17 ,� \ LC j z FW not K ' m 30�0� �y5;'s Ai ! k�tiam is 2 IlaS g; b bE b i Ef ii Ea 4i 4� EQ A. -�a K O i' Eqg"�fl 9b�es,� Y ea a sr '�& e j it E p « E ifY $fgi i Y�'ss P i J� a y;s $g's its T7 i �! —Jo t pp1' vS3'9 f] ; § a ? ; iY & 2 Pa n$ #i ; i9 a a e� a» z s s g8 Y i ➢@ Y t .��. a tb W LU e 9 : i2'. 3e p �8 - -4 Z C 3 3 7 a 4 6 5 a e• c f a€ i 8 ;ry 99#�5dj p y ryfi5 �[ tla Cy tla=s° y° y Cfiel C� eyc W •.••::::` e 55¢ 6 E a�a R R R R ae atl yy F C lis,E a4'�f EC, E^ i d Z j O N N L Z N Jo a 1 . a 1 a s a � t s a AA � 4�v�E 7n I 5 F (! G • X � � a y �c g� ■w CITY OF ANNA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes March 10, 2015 City Manager AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an Amended Subdivision Improvement Agreement with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. SUMMARY: On February 11, the City Council approved a Subdivision Improvement Agreement with the owners of a 634 acre tract of land located east of State Highway 5 and primarily north of CR 422. The attached amendment defines the maximum reimbursable amount for the acquisition one of the parcels of land that will become part of the right-of-way for CR 422, and certain wastewater system improvements. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A THIRD AGREEMENT AMENDING A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS (THE "CITY") AND ANNA TOWN CENTER NO, 1/BRGT, LTD., ANNA TOWN CENTER NO. 2/BRTO, LTD., ANNA TOWN CENTER NO. 3/WARN, LTD., ANNA TOWN CENTER NO, 4/SHRP, LTD., ANNA TOWN CENTER NO. 5/HSLT, LTD., ANNA TOWN CENTER NO. 6/LNRD, LTD., ANNA TOWN CENTER NO. 7/LNRD, LLC, 40 PGE, LTD., O.P. LEONARD, JR. INVESTMENT COMPANY, LTD., AND NANCY ALICE LEONARD INVESTMENT COMPANY, LTD., (COLLECTIVELY, "OWNER") AND ANNA CROSSING AMC, LTD., ("PAYEE"). WHEREAS, on February 11, 2014 the City Council of the City of Anna, Texas (the "City Council") approved a Subdivision Improvement Agreement (SIA) with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798, and; WHEREAS, the City, Owner, and Payee now desire to amend the SIA to define the maximum reimbursable amount for one of the parcels of land that will become part of the right-of-way for CR 422, and for certain wastewater system improvements; and WHEREAS, the City Council finds that approval of this Third Agreement Amending the SIA will benefit the City and is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 3. Approval of 3rd Agreement Amending Subdivision Improvement Agreement. The City Council hereby approves the Third Agreement Amending the Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the amended Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 10tn day of March, 2015. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 THIRD AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT This Third Agreement Amending Subdivision Improvement Agreement (this rd Amendment") is entered into between and among the City of Anna, Texas (the "City") and Anna Town Center No. 1/BRGT, Ltd., Anna Town Center No. 2/BRTO, Ltd., Anna Town Center No. 3/WARN, Ltd., Anna Town Center No. 4/SHRP, Ltd., Anna Town Center No. 5/HSLT, Ltd., Anna Town Center No. 6/LNRD, Ltd., Anna Town Center No. 7/LNRD, LLC, 40 PGE, Ltd., O.P. Leonard, Jr. Investment Company, Ltd., and Nancy Alice Leonard Investment Company, Ltd., (collectively, "Owner") and Anna Crossing AMC, Ltd., ("Payee") as follows: WHEREAS, Owner, Payee and the City are sometimes collectively referenced in this Third Amendment as the "Parties"; and WHEREAS, the Parties previously entered into a Subdivision Improvement Agreement ("SIA"), attached hereto as Exhibit 1, related to the Development of the Property; and WHEREAS, on September 11, 2014, the Parties entered into a First Agreement Amending Subdivision Improvement Agreement; and, WHEREAS, on November 13, 2014, the Parties entered into a Second Agreement Amending Subdivision Improvement Agreement; and, WHEREAS, the City, Owner, and Payee now desire to amend the SIA to address the reimbursable cost associated with the acquisition of certain rights -of -way and installation of SCADA equipment, and WHEREAS, the capitalized terms used in this Third Amendment are as defined in the SIA unless expressly set forth to the contrary herein, and WHEREAS, it is the Parties' mutual intent that this Third Amendment shall govern only the subject matter specifically set forth herein and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Third Amendment; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Third Amendment and said recitals constitute representations by Owner, Payee and the City. SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 1 SECTION 2 AMENDMENT TO SECTION 6 Section 6 paragraph (b)(2A I of the SIA is hereby amended by amending subparagraph "a." as follows: a. Notwithstanding the foregoing or any other provision in this Agreement, the Reimbursable Costs for right-of-way on the Hayslett Tract, further described in and attached hereto as Exhibit 2, shall be $4,000; and the Reimbursable Costs for right-of-way on the Cunningham Tract, further described in and attached hereto as Exhibit 3, shall be $10,000; and the Reimbursable Costs for right-of-way on the Addison Wilson Tract, further described in and attached hereto as Exhibit 4 shall be $2,500. SECTION 3 AMENDMENT TO SECTION 4 Section 4 paragraph (b)(3)(i) of the SIA is hereby amended by adding subparagraph "a." as follows: a. Notwithstanding the foregoing or any other provision in this Agreement, the Reimbursable Costs for the off -site sewer shall include an additional $2,500 for a portion of the required SCADA equipment to be installed at the NTMWD meter. SECTION 4 CONFLICTS AND EFFECTIVE DATE To the extent of any conflict between this Second Amendment and the SIA, this Second Amendment shall govern. The Effective Date of this Second Amendment is the date that the last of the Parties' signatures to this Second Amendment is fully and properly affixed to this Second Amendment and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Second Amendment and Owner and Payee have duly executed same. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page ( 2 Owner: Anna Town Center No. 1/BRGT, Ltd., a Texas Limited Partnership By: Anna Town Center No. 1/BRGT GP Corporation, a Texas Corporation, its General Partner By: Richard M. SI<orburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 1/BRGT GP Corporation, in its capacity as general partner for Anna Town Center No. 1/BRGT, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 3 Owner: Anna Town Center No. 2/BRT01 Ltd., a Texas Limited Partnership By: Anna Town Center No. 2/BRTO GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 2/BRTO GP Corporation, in its capacity as general partner for Anna Town Center No. 2/BRTO, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 4 Owner: Anna Town Center No. 3/WARN, a Texas Limited Partnership By: Anna Town Center No. 3/WARN GP Corporation, a Texas Corporation, its General Partner By: Richard M. SI<orburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 3/WARN GP Corporation, in its capacity as general partner for Anna Town Center No. 3/WARN, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 5 Owner: Anna Town Center No. 4/SHRP, Ltd., a Texas Limited Partnership By: Anna Town Center No. 4/SHRP GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President li�a��9lf�ll�►���i�1a��xi7� STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 1/SHRP GP Corporation, in its capacity as general partner for Anna Town Center No. 1/SHRP, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 6 Owner: Anna Town Center No. 5/HSLT, Ltd., a Texas Limited Partnership By: Anna Town Center No. 5/HSLT GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 5/HSLT GP Corporation, in its capacity as general partner for Anna Town Center No. 5/HSLT, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page ( 7 Owner: Anna Town Center No. 6/LNRD, Ltd., a Texas Limited Partnership By: Anna Town Center No. 6/LNRD GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 6/LNRD GP Corporation, in its capacity as general partner for Anna Town Center No. 6/LNRD, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 8 Owner: Anna Town Center No. 7/LNRD, LLC, a Texas limited liability company, By: Skorburg ATC No. 7/LNRD1 Ltd., a Texas Limited Partnership By: Skorburg ATC No. 7/LNRD GP Corporation, a Texas corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS � COUNTY OF Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Skorburg ATC No. 7/LNRD GP Corporation, in its capacity as general partner for Skorburg ATC No. 7/LNRD, Ltd., in its capacity as managing member of Anna Town Center No. 7/LNRD, LLC. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 9 Owner: 40 PGE, Ltd., a Texas Limited Partnership By: 40 PGE GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of 40 PGE GP Corporation, in its capacity as general partner for 40 PGE, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 10 Owner: O.P. Leonard, Jr. Investment Company, a Texas Limited Partnership By: Pecan TEX, LLC, a Texas Limited Liability Company, its General Partner By: O.P. "Paul" Leonard, Jr., its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared O.P Leonard, Jr., known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Pecan TEX, LLC, in its capacity as general partner for O.P. "Paul" Leonard, Jr. Investment Company, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 11 Owner: Nancy Alice Leonard Investment Company, Ltd. a Texas Limited Partnership By: Pecan TEX, LLC, a Texas Limited Liability Company, its General Partner By: O.P. "Paul" Leonard, Jr., President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared O.P. "Paul" Leonard, Jr., known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Manager and President of Pecan TEX, LLC, in its capacity as general partner for Nancy Alice Leonard Investment Company, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 12 Payee: ANNA CROSSING AMC, LTD. By: ANNA CROSSING AMC GP CORPORATION By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Crossing AMC GP Corporation, in its capacity as general partner for Anna Crossing AMC, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 13 CITY OF ANNA By: Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 14 ATTACHMENTS Exhibit 1— Subdivision Improvement Agreement (SIA) Exhibit 4 —Addison Wilson Tract SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 15 �w CITY OF AN NA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 10, 2015 Joseph Johnson Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an engineering task order with Birkhoff, Hendricks, and Carter, LLP for Water Distribution Disinfection System Upgrades. SUMMARY: In the water system we currently blend surface water purchased from GTUA with our well water sources. The surface water is received from GTUA already disinfected using a process called chloramination, while our well water is disinfected with free chlorine. Blending water with dissimilar disinfection methods is very difficult to manage and results in regular fluctuations in chlorine residuals. Staff has determined that in order to properly manage disinfection residuals and more fully utilize our surface water sources we should convert our well water disinfection process to chloramination so that it matches the surface water disinfection method. Additionally, certain equipment should be added to continuously monitor residuals and provide for automatic adjustments as disinfectant levels fluctuate. This project will result in a stable chloramine production that is easier to manage and less likely to cause disinfection byproducts. Conversion to chloramination will also reduce chlorine odor. The engineering services task order with Birkhoff, Hendricks, and Carter, LLP provides for design, bidding, and contract administration services for the project. The engineering consulting fee covering Basics Services (Parts I -IV) for the project is for the lump sum amount of $79,400.00 and the additional services (Part V) for the project is for the amount of $2,000.00, for a total not to exceed amount of $81,400.00. The total estimated cost for the project including engineering and professional services is $450,000.00. Funds are available for this project in the 2014 Certificate of Obligation in the amount of $306,280.00. As the project progresses we will assess the project and either value engineer to remain within budget or utilize other funds not encumbered in the 2014 Certificate of Obligation. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute a task order with Birkhoff, Hendricks, and Carter, LLP for the Water Distribution Disinfection System Upgrades. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER, LLP FOR WATER DISTRIBUTION DISINFECTION SYSTEM UPGRADES. WHEREAS; The City has negotiated an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the design, bidding, and contract administration of the Water Distribution Disinfection Upgrades; and, WHEREAS; the upgrades are critical in order to properly and safely blend surface water purchased from GTUA with the City's well water sources; and, WHEREAS; the amount of the engineering consulting fee covering Basic Services (Parts I - IV) for the project is for the lump sum amount of $79,400.00 and the additional services (Part V) for the project is for the amount of $2,000, for a total not to exceed amount of $81,400.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Engineering Service Task Order. The City Council hereby approves the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the Water Distribution Disinfection System Upgrades, attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the service task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10'h day of March 2015. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist RES. Water Disinfection Upgrades PAGE 1 OF 1 3-10-15 CITY OF ANNA,TEXAS Item No. 10 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 10, 2015 City Manager AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); be discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; ce discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail developments; d* discuss or deliberate personnel matters: City Secretary Update; Public Works Superintendent. (Tex. Gov't Code §551,074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item NO. 11 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 10, 2015 City Manager AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for March 10, 2015 Workshop Session or any closed session occurri Mng during this Regular Meeting, as necessary, SUMMARY: STAFF RECOMMENDATION: CITY OF AN NA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: STAFF RECOMMENDATION: Staff recommends a motion to adjourn, Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: March 10I 2015 City Manager