HomeMy WebLinkAbout07-01-2024 P&Z Meeting PacketPersons 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.
AGENDA
PLANNING AND ZONING COMMISSION
Monday, July 1, 2024 @ 6:00 PM
Council Chambers at the City of Anna Municipal Complex,
located at 120 W 7th Street, Anna, TX 75409
The Planning & Zoning Commission of the City of Anna will meet on 07/01/2024 at 6:00
p.m. in the Council Chambers at the City of Anna Municipal Complex, to consider the
following items.
If you wish to speak on an Open Session agenda item, please fill out the Speaker
Registration Form and turn it in to city staff before the meeting starts.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Neighbor Comments: At this time, any person may address the Planning &
Zoning Commission regarding an item on this meeting Agenda that is not
scheduled for public hearing. Also, at this time, any person may address the
Commission regarding an item that is not on this meeting Agenda. Each person
will be allowed up to three (3) minutes to speak. No discussion or action may be
taken at this meeting on items not listed on this Agenda, other than to make
statements of specific factual information in response to a neighbor’s inquiry or
to recite existing policy in response to the inquiry.
4. Location Map
5. Elect the Planning & Zoning Commission Chairperson.
6. Elect the Planning & Zoning Commission Vice-Chairman.
7. Elect the Planning & Zoning Commission Secretary.
8. Review/Discuss/Action on Planning & Zoning Commission Rules of
Procedure.
9. Review/Discuss/Action on the Tree Board Rules of Procedure.
Consent Items
10. Approve Minutes of the June 3, 2024, Planning & Zoning Commission Meeting
11. Approve a Resolution regarding the Parmore – Anna, Block A, Lot 1, Final Plat.
Applicant: Anna Town Center Mixed Use, LLC
12. Approve a Resolution regarding the Anna Retail Addition, Block A, Lot 8, Site
Plan. Applicant: David Claassen- Anna 31 Retail LP
13. Approve a Resolution regarding the Westfield Addition, Block A, Lot 1 & 2,
Replat. Applicant : Windmill Self Storage, LP
COUNTY ROAD 373
FM 2862
W WHITE ST
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E WHITE ST
W ROSAMOND PKWY
W FM 455 E FM455NPOWELL
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5 75
15 &
16
12
14
13
17 11 City of Anna, July
1, 2024 Planning & Zoning
Meeting Map Source: City of
Anna GIS Date: 6/
28/2024 DISCLAIMER: This
map and information contained in
it were developed exclusively
for use by the City of Anna.
Any use or reliance on this
map by anyone else is at that party'
s risk and without liability to the
City of Anna, its officials
or employees for any
discrepancies, errors,or variances whichmayexist.Document Path: H:\Notification Maps\P&Z Overview Maps\P&Z Overview
Maps.aprx 0 0.
5
1 Miles´Agenda Items City Limits
ETJ Parcels 1:
40,000 11.
Parmore - Anna 12. Anna
Retail Addition 13.
Westfield Addition 14.
Rosamond Crossing 15 & 16.
Shadowbend Commercial 17.
Item No. 5.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Elect the Planning & Zoning Commission Chairperson.
SUMMARY:
In accordance with the City Charter, Article 9.04 Zoning Ordinance, & Article 9.07 Tree
Preservation, every year a chairperson must be elected.
The Capital Improvements Advisory Committee will be voted on during the Wednesday,
September 4, 2024 Planning & Zoning Commission meeting.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
Item No. 6.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Elect the Planning & Zoning Commission Vice-Chairman.
SUMMARY:
In accordance with the City Charter, Article 9.04 Zoning Ordinance, & Article 9.07 Tree
Preservation, every year a chairperson must be elected.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
Item No. 7.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Elect the Planning & Zoning Commission Secretary.
SUMMARY:
In accordance with the City Charter, Article 9.04 Zoning Ordinance, & Article 9.07 Tree
Preservation, every year a secretary must be elected.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The Planning & Zoning Commission has elected for Planning Staff to act as the
Commission Secretary in recent years.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
Item No. 8.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Review/Discuss/Action on Planning & Zoning Commission Rules of Procedure.
SUMMARY:
In accordance with the City Charter, the Planning & Zoning Commission must review
the rules of procedure annually.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
This is the opportunity if the Commission would like to discuss the upcoming calendar,
rules of procedure, or any questions you might have.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. 2025 submittal calendar
2. P&Z Complete info packet 2024-06-28
2025 - ZONING, PLAN, AND PLAT SUBMITTAL CALENDAR
All dates are tentative and may be adjusted for holidays, meeting cancellations, etc.
No later than 11:00 A.M. on the submittal day.
Corrected plans MUST be returned to Planning by 11:00 A.M.
Annexations, Specific Use Permit, & Zoning Cases, go to the second Council meeting to meet state required public notices.
ENGINEERING
CIVILS
SUBMITTAL DATE
PLANNING
SUBMITTAL DATE
1ST
REVIEW
MEETING
STAFF)
STAFF
COMMENTS
AVAILABLE
CORRECTED
PLANS
RETURNED
P&Z DATE
ZONING PUBLIC
HEARING NOTICES
STAFF)
CITY
COUNCIL
DATE
Due the 4th Thursday of
every month
1st Wednesday following a
regularly scheduled P&Z
meeting
2nd Monday after
submittal
3rd Monday after
submittal
1st Monday of the month 18 days prior to CC Date
15 days Required)
4th Tuesday
of the month
Nov 27, 2024
Wednesday)
Dec 9, 2024
Monday) 12/13/24 12/16/24 12/23/24 Jan 6, 2025 01/10/25 01/28/25
Dec 26, 2024 Jan 8, 2025 01/17/25 01/20/25 01/27/2025 Feb 3, 2025 02/07/25 02/25/25
Jan 23, 2025 Feb 5, 2025 02/14/25 02/17/25 02/24/25 Mar 3, 2025 03/06/25 03/25/25
Feb 27, 2025 Mar 5, 2025 03/14/25 03/17/25 03/24/25 Apr 7, 2025 04/04/25 04/22/25
March 27, 2025 Apr 9, 2025 04/17/25
Thursday) 04/21/25 04/28/25 May 5, 2025 05/09/25 05/27/25
April 24, 2025 May 7, 2025 05/16/25 05/19/25 05/26/25 Jun 2, 2025 06/06/25 06/24/25
May 22, 2025 Jun 4, 2025 06/13/25 06/16/25 06/23/25 Jul 7, 2025 07/03/25 07/22/25
Jun 26, 2025 Jul 9, 2025 07/18/25 07/21/25 07/28/25 Aug 4, 2025 08/08/25 08/26/25
Jul 24, 2025 Aug 6, 2025 08/15/25 08/18/25 08/25/25 Sep 9, 2025
Wednesday) 09/05/25 09/23/25
Aug 28, 2025 Sep 10, 2025 09/19/25 09/22/25 09/29/25 Oct 6, 2025 10/10/25 10/28/25
Sept 25, 2025 Oct 8, 2025 10/17/25 10/20/25 10/27/25 Nov 3, 2025 11/20/25 12/09/25
Oct 23, 2025 Nov 5, 2025 11/14/25 11/17/25 11/24/25 Dec 1, 2025 12/22/25 (Monday) 01/13/25
Nov 27, 2025 Dec 3, 2025 12/12/25 12/15/25 12/22/25 Jan 5, 2026 01/09/26 01/27/26
Dec 23, 2025
Wednesday) Jan 7, 2026 01/16/25 01/19/25 01/26/26 Feb 2, 2026 02/06/26 02/24/26
PLANNING & ZONING
COMMISSION
www.annatexas.gov
Meetings and Work Sessions
The Planning & Zoning Commission meets the first Monday of every month. Meetings are held at the Anna City
Hall, located at 120 W Seventh Street in Anna, Texas unless otherwise stated.
Roles and Responsibilities
The seven members of the Planning & Zoning Commission (Commission) serve two-year terms. The Commission
evaluates certain applications including site plans and plats for new development projects and makes
recommendations to the Anna City Council . In addition, the Commission regularly holds public hearings and
makes recommendations to Council on zoning and rezoning applications, including amendments to zoning
regulations. The Commission is also involved in the process of updated the City’s Comprehensive Pl an.
Commissioner Date Original Appointment Date
Reappointed
Present Term
Expires
Staci Martin June 2022 (Filled unexpired term) June 2023 May 2025
David Nylec May 2022 June 2024 May 2026
Jessica Walden June 2023 May 2025
Douglas J. Hermann May 2022 June 2024 May 2026
Vacant - Unexpired Term June 2023 May 2025
Josh Vollmer June 2024 May 2026
Matthew Blanscet June 2023 May 2025
City Council Liaisons
The Council Liaisons observe the activities of the Commission to stay informed and provide a resource at
Council meetings.
Staff Liaisons & Additional Staff Contacts
The Staff Liaison is your point of contact regarding the Commission.
Council Liaisons Staff Liaison
Kelly Patterson-Herndon Lauren Mecke, Planning Manager
LMECKE@annatexas.gov
Stephanie Scott-Sims, Director of Development Services
SSCOTTSIMS@annatexas.gov
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BASIC INFORMATION FOR
COMMISSION
www.annatexas.gov
Additional Meetings as Required
Called work sessions on Comprehensive Plan, special projects or ordinance amendments
Training sessions for members on general topics
Days may be chosen depending on commissioners’ schedules. All work sessions are held at City Hall in the
Council Chambers.
Retreats/Conferences with City Council
Annual half-day retreats or special topic conferences may be held with City Council. The retreats are
used for teambuilding activities and discussion of general issues not related to specific development
cases or projects.
General Information
The Planning & Zoning Commission typically meets the first Monday of every month and a schedule is
created annually.
Meetings generally end by 9:00 pm; however, they can last until midnight.
Attendance at each meeting is noted and forwarded to the City Council. E-mail your liaison if you are
unable to attend.
Reporters from local news agencies may attend meetings and may contact commissioners.
Preparation Time for Regular Meetings
The agenda packet is made available on-line on Friday afternoon/evening prior to the Monday evening
meeting. An email is sent to Commissioners when the packet has been uploaded to the City’s website.
Approximate amount of time it may take to read packet and make notes: one to two hours.
Approximate amount of time it may take to visit sites of concern prior to meeting: one to two hours.
Preparation Time for Additional Meetings
Approximate amount of time it may take to read information on proposed ordinance amendments and
other issues, and make notes: one to three hours.
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PRACTICE TIPS FOR
COMMISSIONERS
Page 1 of 3
Zoning Cases
Discretion: Broad but must have reasonable basis
Always: Consider land use appropriate for the various districts and make uniform and logical decisions.
Never: Make decisions that are arbitrary and capricious. Avoid “spot zoning” – zoning which varies or
makes exception for particular tracts of land without justification based on the legitimate goal of
promotion of health, safety, and welfare.
Zoning is “The division of a jurisdiction into districts within a jurisdiction within which permissible uses are prescribed
and restrictions on building height, bulk, layout and other requirements are defined.” There are two basic types
of zoning petitions: changes to a property’s zoning classification and amendments to the zoning ordinance text.
Special Types of Zoning
Planned Development Districts
Specific Use Permits
Actions on Zoning Petitions
Public Hearings are held by both the City Council and Planning & Zoning Commission
Planning & Zoning Commission provide s a recommendation to City Council
Legislative Action, not an administrative action
Reasonable discretion in making decisions on zoning petitions
May take into account testimony of the public and facts presented in the public hearings
Regulations must rationally and reasonably advance a legitimate government purpose
Remember:
1. Land Use. Zoning is a land use issue. Decisions should be based on the legal designation of land or real
property for a particular use such as commercial, industrial or residential.
2. Consider the comprehensive plan and City of Anna strategic plan when making zoning decisions. The
comprehensive plan is intended to guide the future growth and physical development of a community
by providing for the distribution and relationship of various land uses. The strategic plan identifies value-
based principles that describe the preferred future in 15 years.
3. Specific Use Permits should only be utilized in limited situations when a land use may be appropriate in a
certain location in a zoning district but not in all locations.
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PRACTICE TIPS FOR
COMMISSIONERS
Page 2 of 3
4. Planned Development Zoning is intended to provide for combining and mixing of uses with appropriate
regulations allowing flexibility in the use and design standards in situations where modification are not
contrary to the intent and purpose or inconsistent with the planning on which it is based and will not be
harmful to the community. A PD district may be used to permit new and innovative concepts in land
utilization. Planned developments should not be used as a backdoor means to grant a variance.
Development Application Review (Site Plans/Plats)
Discretion: Extremely Limited
Always: Approve if it meets requirements in the plan/plat checklists and city regulations.
Never: Impose conditions greater than required by the code.
The site plan and plat process govern land development in the city. Developers must receive approval of these
plans to begin development and/or sell properties.
Site Plan Plats
The site plan review process is governed by
the Zoning Ordinance and has two steps and
includes the following types of plans:
Concept Plan
Site Plan
The platting process is governed by the Subdivision
Ordinance. There are several types of plats that the
Council and Commission may review and approve:
Preliminary Plat/Preliminary Replat
Final Plat/Replat
Development Plat
Minor Plat
Amending Plat
Commission’s Actions on Site Plans and Plats
The Commission’s actions on site plans and plats are considered administrative and ministerial in nature. As
such, the Commission must approve these documents if they conform to all the city’s ordinances and
requirements. The Commission may not impose additional requirements and cannot deny a site plan or plat
based on homeowner opposition.
Remember:
1. Utilize staff's expertise when decisions are based on health and safety issues, and make a record based
on relevant evidence.
2. Generalized complaints by local residents are insufficient to justify denial of an application.
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PRACTICE TIPS FOR
COMMISSIONERS
Page 3 of 3
3. Meetings between the developers and homeowners can be requested but cannot be required. Denial
of the application cannot be based on the developer’s refusal to meet with homeowners.
4. Approval cannot be withheld solely on conclusory allegations that the subdivision or site plan is not
consistent with the character of the neighborhood if the plans meet all the applicable code
requirements.
5. If it meets the standards contained in the code regulations, the Commission must approve the
application.
Concept Plans are only required in establishing a Planned Development district. Concept Plans are
required to meet the city’s ordinances and requirements as part of the zoning request.
2024 P&Z Page 5 of 64
Rules & Procedures for
Commissioners
www.annatexas.gov
Page 1 of 6
ADOPTED NOVEMBER 9, 2010 RESOLUTION NO. 2010-11-05
Purpose
The City Council of the City of Anna, Texas (“City Council”), recognizes that it is desirable for there to be a
uniform set of rules of procedure for conducting meetings of the City Council, boards and commission
appointed by the City Council, and the business of the City Council and said boards and commissions in a
sound and efficient manner;
Definitions
a) Governing Body means the City Council of the City of Anna, Texas or any board or commission whose
members are appointed by the City Council.
b) Presiding Officer means the member of the Governing Body authorized to preside over official
meetings of the Governing Body. The Mayor is the Presiding Officer at all City Council meetings. The
Mayor Pro-tem or Deputy Mayor Pro-tem presides in the absence of the Mayor. Meetings of boards
and commissions appointed by the City Council are presided over by a chairperson or president. The
Vice Chairperson or Vice President presides in the absence of the Chairperson or President. The
member of the Governing Body present with the longest tenure shall preside in the absence of any
other Presiding Officer. In such cases, if two or more members of the Governing Body present have
equal tenure, then the Presiding Officer shall be determined by the alphabetical order of the last
names of the members with equal tenure.
Agendas
a) Unless otherwise provided for in a Resolution or Bylaws approved by the City Council, the City Manager
or the City Manager’s designee shall set the agenda for all meetings of the Governing Body as
prescribed in City Council Resolution 2008-01-04.
b) Regular city council meeting agendas will include a “Public Comment” item. Under this item, members
of the audience at the council meeting are permitted to address any topic relating to City business
operations. The following procedures will be followed:
The speaker will state his/her name and address for the record
Remarks will be limited to three (3) minutes
The speaker may address the council only one time.
2024 P&Z Page 6 of 64
Rules & Procedures for
Commissioners
www.annatexas.gov
Page 2 of 6
The Governing Body will not respond to questions or comments by the speaker, except a member may
respond by making: (1) a statement of specific factual information given in response to an inquiry; (2) a
recitation of existing policy in response to an inquiry.
Role of the Presiding Officer
The Presiding Officer shall fulfill the following duties:
a) Opens the meeting on time, announces the presence of a quorum, and sees to it that the meeting
follows the agenda, and all discussions are focused on agenda items.
b) Keeps discussions focused on the matter at hand.
c) Sees to it that all major issues are brought to the floor in the form of a motion. The Presiding Officer shall
allow additional discussion on a motion once made only after a motion is seconded. If no one seconds
a motion made during a meeting, it dies for lack of support.
d) Uses reasonable measures to keep meetings from becoming unreasonably long.
e) If discussion wanders or becomes confused, the Presiding Officer calls people’s attention to the motion
on the floor as a way of refocusing discussion. If it is clear from the discussion that a decision will not be
made within a reasonable period of time during the meeting, the Presiding Officer may ask for a
motion to table the issue to a later meeting.
f) The Presiding Officer may authorize a member of the public to speak regarding a duly noticed agenda
item under appropriate circumstances and shall ask the speaker to limit remarks to 3 minutes.
Rules for Discussion and Debate
a) Direct all remarks to the Presiding Officer, and only after being recognized by the Presiding Officer.
Only one member of the Governing Body may speak at a time and must do so at a volume that is
audible to the other members and other attendees of the meeting. There shall be no side discussion or
debate during a meeting.
b) A member of the Governing Body shall stop speaking when the Presiding Officer finds it necessary to
speak but may seek to be recognized to continue to speak.
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Rules & Procedures for
Commissioners
www.annatexas.gov
Page 3 of 6
c) A member of the Governing Body shall confine remarks to the issue being discussed and shall not
communicate with members of the audience unless: (1) it is during a public hearing and the member is
addressing an audience member who has been duly authorized to speak; or (2) the Presiding Officer
has recognized an audience member to speak and the member of the Governing Body has also been
recognized to speak.
d) Members of the Governing Body should avoid using other members’ names when referring to issues
and positions under debate and should avoid attacking other members’ motives.
e) Members of the Governing Body should avoid personal attacks and offensive comments and shall not
use obscene language.
f) The Presiding Officer should warn a member about a serious offense the first time it happens (for
example—personal attacks, use of obscene language, etc.).
g) Any type of recording device, whether audio or video, even if turned off, may not be taken into a
room or area where any part of an executive session discussion is being held.
Rules for Public Hearings
a) Public hearings will be conducted as follows:
1) The Presiding Officer or Presiding Officer’s designee will provide a summary report and
recommendation as appropriate on the agenda item.
2) The petitioner/applicant, if any will be offered an opportunity to discuss the petition/application
prior to other public comment.
3) The petitioner/applicant will state his/her name and address for the record and will be limited to
three (3) minutes do discuss the item.
4) Other persons wishing to speak during the public hearing will be offered an opportunity and shall
state their name and address for the record.
5) All other persons wishing to speak during the public hearing will be limited to three (3) minutes to
discuss the item and may speak only one time on a public hearing item.
6) The petitioner/applicant, if any, will be offered an opportunity to respond to comments or questions
from the Governing Body but will be limited to not more than three (3) minutes unless the Presiding
Officer permits additional time.
2024 P&Z Page 8 of 64
Rules & Procedures for
Commissioners
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Page 4 of 6
7) If an agenda item does not include a public hearing, it is the discretion of the Presiding Officer to
allow public comment. If public comment is permitted, the procedures outlined in this section will
pertain.
8) The Presiding Officer may change the time allowed to individuals to speak regarding an item on
the agenda. However, in order to provide for efficient, effective, and orderly conduct of the
meetings, such changes will be allowed only under unusual conditions.
Rules for Motions
a) Making Motions.
1) Maker must be recognized by the Presiding Officer before making a motion.
2) Maker then states, “I move…”
3) A second to the motion is required.
4) The maker of the motion has the right to speak first during the discussion.
5) The maker also has the privilege of speaking last before the vote.
6) The Presiding Officer recognizes each person before he or she speaks.
b) Amending Motions
1) Maker must be recognized by the Presiding Officer before making a motion to amend.
2) To Amend a Motion:
a. Requires a second from the member of the Governing Body who seconded the original
motion.
b. Motion is considered amended upon a second from the member of the Governing Body
who seconded the original motion.
c) Tabled Motions
1) Maker must be recognized by the Presiding Officer before making a motion to table.
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Rules & Procedures for
Commissioners
www.annatexas.gov
Page 5 of 6
2) To Table a Motion:
a. Requires a second.
b. No debate is allowed.
c. No amendments to the tabling motion can be made.
d. Majority vote is required to pass the tabling motion.
e. A motion to table must set a definite date for reconsideration to take place at a duly
noticed public meeting.
f. The City Manager or the City Manager’s designee shall place the item on a future agenda
in accordance with a motion that tabled the item. At the future meeting upon which the
tabled item is placed, the item shall automatically be taken from the table for consideration
in accordance with said future agenda.
d) Motion to Take No Action.
1) Maker must be recognized by the Presiding Officer before making a motion to take no action.
2) Taking No Action:
a. Requires a second.
b. The maker of the motion has the right to speak first during the discussion.
c. The maker also has the privilege of speaking last before the vote.
d. The Presiding Officer recognizes each person before he or she speaks.
e) Motion to Adjourn
1) Maker must be recognized by Presiding Officer before making a motion to adjourn.
2) To Adjourn a Meeting:
a. Requires a second.
b. Not debatable.
c. Cannot be amended.
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Rules & Procedures for
Commissioners
www.annatexas.gov
Page 6 of 6
d. Majority vote is needed to pass.
Open Meetings Act
Notwithstanding any provision of these rules, all meetings of the Governing Body shall comply with the Texas
Open Meetings Act.
Rules of Dress and Decorum
a) During all official meetings of the Governing Body, members shall observe a business causal dress code
which shall at minimum include the following:
1) Males will wear a colored polo shirt, dress shirt, jeans with no holes or dress slacks. Males shall not
wear T-shirts (unless dress T-shirts with a coat or blazer) shorts, opened toed shoes, hats, and non-
prescription glasses.
2) Females will wear a colored polo shirt, dress shirt, jeans with no holes or dress slacks, or a skirt, and
appropriate dress shoes. Females shall not wear T-shirts (unless dress T-shirts with a coat or blazer)
shorts, hats, and non-prescription glasses.
b) During official meetings of the Governing Body, members shall not use tobacco products including
smokeless tobacco.
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SAMPLE AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF §
I, (printed name of affiant), a local public official,
make this affidavit and hereby on oath state the following:
I have a substantial interest in a business entity or real property that may receive a special economic effect
that is distinguishable from the effect on the public by an action contemplated by the City of
The business entity or real property in which I have a substantial interest is: [name and address of business
and/or description of property]
I or a person that is related to me within the first degree of consanguinity (blood) or affinity (marriage) as
defined by state law has a substantial interest in this business entity or real property for the following
reasons [circle all that apply]:
1) own 10% or more of the voting stock or shares of the business entity;
2) own 10% or more of the fair market valued of the business entity;
3) own $15,000 or more of the fair market value of the business entity;
4) receive from the business entity funds that exceed 10% of [my, his, her] gross
income for the previous year;
5) have/has an equitable or legal ownership of real property with a fair market value of $2,500 or
more.
Upon filing of this affidavit with the official record keeper of the city, I affirm that I shall abstain from
voting or further participating in any matter involving the business entity or real property, unless allowed
by law.
Signed this day of , 20
SignatureofAffiant
Affiant
BEFORE ME, the undersigned authority, this day personally appeared
name of affiant] and by oath stated that the facts herein stated are true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME before me on this day of
20 .
Notary Public in and for the State of Texas
Mycommissionexpires:
2024 P&Z Page 12 of 64
LOCAL GOVERNMENT OFFICER
CONFLICTS DISCLOSURE STATEMENT
FORM CIS
Instructions for completing and filing this form are provided on the next page.)
OFFICE USEONLOFFICEUSEONLOFFICEUSEONLOFFICEUSEONLOFFICEUSEONLYYYYY
Date Received
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This is the notice to the appropriate local governmental entity that the following local
government officer has become aware of facts that require the officer to file this statement
in accordance with Chapter 176, Local Government Code.
1 Name of Local Government Officer
2 Office Held
3 Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code
4 Description of the nature and extent of each employment or other business relationship and each family relationship
with vendor named in item 3.
5 List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted
from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B).
Date Gift Accepted ____________ Description of Gift _________________________________________________
Date Gift Accepted ____________ Description of Gift _________________________________________________
Date Gift Accepted ____________ Description of Gift _________________________________________________
attach additional forms as necessary)
6 AFFIDAVIT
I swear under penalty of perjury that the above statement is true and correct. I acknowledge
that the disclosure applies to each family member (as defined by Section 176.001(2), Local
Government Code) of this local government officer. I also acknowledge that this statement
covers the 12-month period described by Section 176.003(a)(2)(B), Local Government Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said _______________________________________________, this the ______________ day
of ________________, 20 _______ , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
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LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local
government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent,
administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of
a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor.
This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the
seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code.
An offense under this section is a misdemeanor.
Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form.
INSTRUCTIONS FOR COMPLETING THIS FORM
The following numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the name of
the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other
business relationship with the local government officer or a family member of the officer as described by Section
176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family member of the officer
one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with
the local government officer as defined by Section 176.001(2-a), Local Government Code.
4. Description of the nature and extent of each employment or other business relationship and each family
relationship with vendor named in item 3. Describe the nature and extent of the employment or other business
relationship the vendor has with the local government officer or a family member of the officer as described by Section
176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer
as defined by Section 176.001(2-a), Local Government Code.
5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100.
List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the
local government officer or family member of the officer from the vendor named in item 3 that in the aggregate exceed $100
in value.
6. Affidavit. Signature of local government officer.
Local Government Code § 176.001(2-a): “Family relationship” means a relationship between a person and another
person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter
B, Chapter 573, Government Code.
Local Government Code § 176.003(a)(2)(A):
a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
2) the vendor:
A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable income,
other than investment income, that exceeds $2,500 during the 12-month period preceding the
date that the officer becomes aware that:
i) a contract between the local governmental entity and vendor has been executed; or
ii) the local governmental entity is considering entering into a contract with the vendor.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
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American Planning Association
Texas Chapter
A Guide to Urban Planning in Texas Communities 2013
27Chapter2: Ethics and the Planning Commissioner
Carol Barrett, FAICPChapter2
Ethics and the Planning Commissioner
This chapter discusses and provides examples of how a Planning
Commissioner can make complex decisions while being fair, equitable,
and ethical. It provides information on the sources for ethical guidelines,
paritcularly for the code of ethics and local ordinances. It establishes a
framework and foundation for ethical planning oficials and provides
background on Texas law, in regards to conlict of interest. It deines common
biases that impact ethical behavior and point to serious concerns about
ethical misconduct. Speciically, in this chapter you will learn whether you
can meet individually with applicants to hear about their project, whether
you should take a tour of a project site with an applicant, if you can discuss
pending development projects at your neighborhood association meeting, if
friends and neighbors can offer their opinions about pending projects, what
to do if a good friend has a project before the Planning Commission, and to
do the job of a Planning Commissioner in a way that promotes fairness and
objectivity. The following attachments are available at the end of the chapter
to be used as reference guides and resources:
Attachment A: Ethical Principles in Planning, AICP
Attachment B: AICP Code of Ethics and Professional Conduct
Attachment C: By-laws for Planning and Zoning Commission, City of Collinsville, TX
Attachment D: Planning and Zoning Commission: Participating at Public Hearings, City of
Arlington
Attachment E: Example Planning Commission Meeting Brochure, City of San Gabriel
Attachmnet F: Public Services Values, The Institute for Local Government
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A Guide to Urban Planning in Texas Communities 2013
28 Chapter 2: Ethics and the Planning Commissioner
What are common ethical
questions that Commissioners
need to answer?
Can I meet individually with
applicants to hear about their
project?
Should I take a tour of a proj-
ect site with an applicant?
Can I discuss pending de-
velopment projects at my
neighborhood association
meeting?
Can friends and neighbors
oer me their opinions about
pending projects?
What happens when my best
friend has a project before the
Planning Commission?
How can I do my job as a Plan-
ning Commissioner in a way
that promotes fairness and
objectivity?
INTRODUCTION
A prominent example of the appearance of a conlict
came this past June when a planning commissioner re-
cused herself, left the dais, then presented on a project to
her colleagues. She said she had no recourse, since she is
the only employee of her irm.”
Yikes. The sentence above comes from a local newspaper recounting a se-
ries of on-going ethical lapses in a City. In this instance, applicants may
well perceive a “pay to play” rule. If you want favorable consideration by the
Planning Commission, you have to pay a Commissioner or the Commission-
er’s irm. This kind of behavior is wrong for a number of reasons which are
discussed below. While an extreme example, it is not an isolated one. Plan-
ning Commissioners regularly face ethical questions. Thinking about those
ethical questions and possible responses ahead of time prepares you to make
an informed decision when confronted with an ethical challenge. That’s the
purpose of this chapter: to give you tools for ethical
decision-making.
Let’s step back for a second. What is ethical behavior?
Expressed in a straightforward manner, ethical behavior
is what you ought to do as a Planning Commissioner.
It’s treating others as you would wish to be treated. It’s
the kind of conduct that makes the world a better place.
Ethics is particularly important in public service. As a Planning Commis-
sioner, you have been given signiicant authority and you are expected to use
that authority with integrity. You make decisions about what can and cannot
happen in your community. You make recommendations about how to spend
city money, some of which comes from local taxpayers. If the Planning Com-
mission is to do its job properly and address the challenges confronting most
communities, public trust and conidence is vital. High ethical standards are
required to secure and maintain public trust that is essential to the planning
process and to good government.
The purpose
of this chapter
is to give you
tools for ethical
decision-mak-
ing
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American Planning Association
Texas Chapter
A Guide to Urban Planning in Texas Communities 2013
29Chapter2: Ethics and the Planning Commissioner
SOURCES FOR ETHICAL GUIDELINES
Most planning oficials often operate according to an unwritten, personal
code of ethics. As a new planning commissioner, you know yourself to be
honest in you day-to-day dealings with friends and family and you are reli-
able in your professional life as well. Therefore, you assume that the way you
deal with ethical questions that come up as a planning commissioner will be
honest as well. Most people have convictions about what is right and wrong
based on religious beliefs, culture, family teachings, lessons learned in life,
laws, and habits. These values may vary among your fellow commissioners.
For example, loyalty to friends and family may conlict with one’s responsibil-
ity to serve the public interest. Religious beliefs and culture are also a source
of continuous historical disagreement over all kinds of matters. To help your
Planning Commission operate consistently and fairly, a more uniform frame
of reference is needed.
Codes of Ethics
This chapter can help you understand some of the more universal behavior
standards for planners and planning oficials so you are better prepared to
think through what your response should be when ethical issues arise. The
American Planning Association has adopted a Statement of Ethical Principles
to help planning oficials understand basic ethical expectations (See Attach-
ment A). This Statement was prepared and adopted to provide guidance to
planning oficials. There is also a Code of Ethics for professional planners who
have passed an examination and are members of the American Institute of
Certiied Planners. Their Code is also included for your reference as Attach-
ment B. Finally, as a planning commissioner you will work with professionals
from various disciplines – architects, engineers, and landscape architects for
example. Like the planers, each profession has a Code of Ethics. They are not
all attached here but can easily be researched on line.
Local Ordinances
In many communities and some states, there are adopted ordinances and
laws governing aspects of the conduct of Planning Commissioners, especial-
ly with respect to conlict-of-interest. These materials should be provided
to you by staff and covered in regular training so that you are familiar with
them.
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American Planning Association
Texas Chapter
A Guide to Urban Planning in Texas Communities 2013
30 Chapter 2: Ethics and the Planning Commissioner
The general conlict of interest laws for Texas city oficials are found in chap-
ter 171 of the Local Government Code. It includes standards for determin-
ing when a local oficial has a conlict of interest that would affect his or her
ability to discuss, decide or vote on a particular item. Chapter 171 conlict of
interest provisions apply to all local public oficials which includes planning
commissioners. The Ofice of the Attorney General has an excellent pub-
lication that you can download from the internet. Commissioners should
remember that these state requirements deine the legal minimum, not what
may be ethical.
LAYING THE GROUNDWORK FOR ETHICAL PLANNING
OFFICIALS
Serving as a planning oficial is not easy, especially in the face of public cyni-
cism regarding the motives of community leaders. And then there are all the
newspaper articles documenting various degrees of incompetence or corrup-
tion in the public sector. Some people will automatically assume that a level
of malfeasance applies to you as a commissioner as well. Plus, your work as a
commissioner is hard. You have to prepare for meetings by visiting sites and
studying agenda packets which arrive only days before the meeting. You have
to attend meetings which can run on for hours and listen to criticism, some
of which may be ugly and very personal. But there are things that you and
your community can do to help shape the public’s perception about the values
which underlay your decisions as a commissioner.
Elected Ocials Should Appoint Good Planning
Commissioners
A good Planning Commissioner is more than someone who can avoid inan-
cial conlicts of interest. A good commissioner knows a lot about the commu-
nity and brings special expertise to the Commission. A good Commissioner
should also have:
An open mind to listen to new ideas from applicants, from other commis-
sioners, and from sta.
An ability to see both the strengths and weaknesses of the proposals.
Critical thinking skills leading toward nding solutions.
General conlict
of interest laws
are found in
chapter 171 of
the Local
Government
Code
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American Planning Association
Texas Chapter
A Guide to Urban Planning in Texas Communities 2013
31Chapter2: Ethics and the Planning Commissioner
A willingness to spend the time required to study materials.
An ability to manage other commitments so that attendance is regular.
A commitment to making the process fair to all.
A degree of independence in making choices and recommendations.
Faith in the future and the ability of the community to shape that future.
Once you are a Planning Commissioner, you can help the elected oficials to
make good appointments by serving as a talent scout. You should be on the
lookout for others in your community who would make good commissioners
and share that information with your Mayor or planning director.
Planning Commissioners Should Have Regular Training
All new commissioners need an extended orientation to the work of the
commission and the status of planning and development in your community.
There should also be an ethics component of that training as well. An annual
training event focused on the speciic challenges in your community should
be something you can request and help plan. Ethics should always be includ-
ed among the topics to be covered. The community should budget to send
planning commissioners to training sponsored by the Texas Chapter or other
organizations whose work is relevant to your efforts as a volunteer.
If you are having problems as a Commission because one or more of your fel-
low Commissioners are not pulling their own weight, you can suggest training
for the entire Commission that will make clear the expectations for conduct
and effort. Working with your planning director can help make the train-
ing productive and relevant. In many cases, there are often other Planning
Commissioners from nearby jurisdictions who can help set the ground rules
and expectations. And the voice of a colleague always carries great weight. If
your Planning Director doesn’t have suggestions, the Texas Chapter will. The
Chapter can be contacted online at http://www.txplanning.org/.
Planning Commissions Should Have Ground Rules
Every commission needs bylaws, written rules of procedures, and a statement
of the ethical principles which will guide their work. Together, these docu-
ments provide assurance that everyone who interacts with the commission
has rights -- due process, fairness, and equity. By-laws and rules of procedure
tell people what to expect and help make work with the planning bodies more
productive. They also set the benchmark for fair, ethical, and prompt deci-
Everyone has
the right to due
process,
fairness, and
equity
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A Guide to Urban Planning in Texas Communities 2013
32 Chapter 2: Ethics and the Planning Commissioner
sions. If the process itself appears fair, there will be a much higher degree of
conidence in the decision itself. By-laws and public hearing procedures from
the City of Collinsville (Attachment C) are provided for your information.
It is also useful to community members to have an easy reference guide for
how meetings will work written so that it can be easily understood. If you
have this kind of information readily available, it will encourage the commu-
nity to understand that you value their ideas and that the process is arranged
so that they have an opportunity to make their point of view known. A sam-
ple Arlington, Texas (Attachment D) and one from the City of San Gabriel,
California (Attachment E). The latter is always at the table outside the meet-
ing room with agendas and includes background information on the Planning
Commission as well as public hearing testimony procedures.
Finally, on evenings when there will be public hearings, the Commission
Chair (or his/her designee) can briely review the procedures so that those in
attendance understand when they will be able to speak. All of this effort is
directed toward making the work of the Commission transparent which is a
core ethical value for public sector decision-making.
Planning Sta Should Use Standard Planning Procedures to Ensure
Full, Open Consideration
Standard planning procedures help planning commissioners do their job in
an ethical manner. Standard procedures also help ensure that issues will be
properly aired without undue inluence either in fact, or in appearance. That
is a key component of ensuring the reputation of your Commission – it must
both act fairly and be perceived as acting fairly.
Standard procedures lay out information that the applicant can rely on in
moving a project forward; and that makes it clear to the community how and
when they will be able to participate in the deliberative process. The value
of transparency – the public can see and participate in what is going on – is
best achieved through standard procedures. Planning Commissions should
operate from posted agendas (a staff responsibility to prepare and post) and
follow those agenda. Following the agenda is important because of the right
of the public to address the Planning Commission. If items are taken up in
a random order it makes it hard to know when to come to the meeting. That
doesn’t mean that the agenda can’t be revised at the meeting itself. For exam-
ple, if a larger number of citizens are in attendance for a single agenda item,
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American Planning Association
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A Guide to Urban Planning in Texas Communities 2013
33Chapter2: Ethics and the Planning Commissioner
From time to time, even the best
planners lapse into plannerspeak
which is not always completely
intelligible in sta reports. See
below.
Version 1: It is the determination
of City sta that there is a possibil-
ity of associated increases in trac
noise if this project is approved
and constructed.
Version 2: City sta believe this
project will increase trac noise.
This example is from Planning in
Plain English by Natalie Macris. It
should be required reading in every
planning agency.
then the Commission is likely to move that item up earlier in the meeting to
allow the community to participate and get home earlier. Another aspect of
agenda management is the language used to describe the work to be done.
You and staff can work together to makes the agenda as straightforward as
possible. Here is an example:
Here is another example which also has some good aspects but still needs a
bit more work as noted.
In general, the Commissioners can only discuss and act on items included in
the posted agenda. Commissioners can ask to have items added to the agen-
da. In fact, “Items from the Commission” should be a regular item on your
agenda so that everyone is reminded of this opportunity.
PRJ12-00276 – ZON12-00043. APPLICANT: ORANGE COUNTY EMERGENCY PET
CLINIC; PROPERTY OWNER: JEFFREY I. GOLDEN.
A request for a Conditional Use Permit to op-
erate an after-hours emergency pet clinic per
FMC 15.30.030 on property located at 3920 N.
Harbor Boulevard (generally located between
420 feet and 520 feet south of Imperial High-
way). (C-2- zone) (Sta Planner: Elaine Dove)
This is a clear
project descrip-
tion
How do I contact
the planner if I
have questions?
Rezoning: C814-2012-0160 – 211 S. Lamar
Location: 211 S. Lamar Boulevard, Lady Bird
Lake Watershed, South Lamar
Combined NPA
Owner/Applicant: Post Paggi, LLC (Jason Post)
Agent: Winstead PC (Amanda Swor)
Request: CS & CS-V to PUD
Sta Rec.: Recommended
Sta: Lee Heckman, 512-974-7604,
lee.heckman@austintexas.gov
Planning and Development Review
Department
What do the
letters “NPA,CS
CS-V to PUD”
stand for?
Noting the sta
recommenda-
tion is useful
Including sta
contact infor-
mation is very
helpful
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American Planning Association
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A Guide to Urban Planning in Texas Communities 2013
34 Chapter 2: Ethics and the Planning Commissioner
Ethics ordinances tend
to regulate:
1. Activities that re-
quire disclosure such
as sources of income
2. Behavior that is
prohibited
Example: A resident comes to the podium during citizen comment to report that the
conditions of approval for a project are not being adhered to and that the quality of
life for the residents on her block has been substantially degraded as a result of the
Planning Commission approval several months ago. She demands that the Com-
mission do something to solve the problem immediately because, in her mind, the
Commission caused the problem and she needs her sleep.
Answer: Commissioners should refrain from discussing the project by asking for
examples of problems and considering whether the conditions of approval are being
met. Instead the Commission can thank the citizen, ask sta to meet with the citizen,
and place the item on an upcoming agenda for more detailed consideration. Sta
should be encouraged to work directly with the applicant to address the issues of
concern as soon as possible.
Standard procedures also include the quality of staff work and the schedule
for planning commission packet delivery. If commissioners are expected to
provide thorough and diligent services, they need relevant information on a
timely basis. If the commissioners seek to support community involvement
in planning, then the work has to be organized so that residents can ind out
what is going on and can make their points of view known. You should feel
free to suggest to staff ways to organize and present the information so that it
is useful to your decision-making. If you look at the web sites of other cities,
you may see ideas for staff reports that you like. And don’t hesitate to request
that staff reports be written in plain English.
Commissioners should be able to request information that will supplement
staff work when they have questions. All such information should be provid-
ed to all of the Commissioners, even when requested only by one. You will
have a better decision-making process if you ask your questions ahead of time
so that staff can do the necessary research. Of course you can ask questions of
both staff and applicants at the meeting, but if you wait to raise major issues
until the public hearing, you may well end up delaying action when that is not
your intention. When information is distributed for the irst time during the
public hearing, copies should be made available to the public.
ACTING ETHICALLY: Planning Commissions Should Know
Where Ethical Guidance Can Be Found
Ethical standards for planners and planning oficials have been promulgated
by the American Planning Association and the American Institute of Cer-
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35Chapter2: Ethics and the Planning Commissioner
Check out the Attorney General’s
website at www.oag.state.tx.us/AG_
Publications/pdfs/conlict_easy.pdf
for more information.
tiied Planners. The text of both is attached. There may also be local ethics
ordinances which regulate behavior and although these may pertain to the
planning commission. Ethics ordinances tend to regulate two things: activ-
ities that require disclosure such as sources of income; and behavior that is
prohibited. There may be quite a bit of overlap between the standards of the
APA and local ordinances. For example, a prohibition against soliciting or
accepting gifts is a common element.
Example: Can a planning commissioner accept a bottle of wine as winter holiday
thank you from a local architect?
Answer: Yes. Commissioners should not solicit or accept items of a value great
enough to aect their judgment. Items that can easily be consumed fall outside of
inuencing behavior. The prohibition against taking gifts applies in the circumstances
where a reasonable person might think the commissioner’s judgment had been im-
paired. A single bottle of wine is only a token. However, if the architect had a project
pending before the Commission, even a single bottle should not be accepted.
Example: Can a planning commissioner accept a case of wine as a winter holiday
thank you from a local architect?
Answer: No. See above.
Example: Can a planning commissioner accept two free weeks at a local developer’s
condo on the beach in California?
Answer: No. See above. Accepting such a posh oer would leave people with the
impression that you were indebted to the developer and that your decisions would be
aected by your sense of owing something to another person.
State Law in Texas Regulates Conicts of Interest
Planning Commissioners need to be familiar with Chapter 171 of Texas Local
Government Code. It governs the conduct of planning oficials who make de-
cisions that are more than advisory. The law addresses potential conlicts of
interest by local oficials. The law seeks to prevent public oficials from having
dealings with their governmental bodies if they would derive a personal ben-
eit. The law requires disclosure and abstention when it is time to vote if there
is a substantial inancial interest.
Texas Local Government Code Chapter 171 denes substantial interest as:
a) Owning 10% or more of the voting stock or shares or an ownership of
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American Planning Association
Texas Chapter
A Guide to Urban Planning in Texas Communities 2013
36 Chapter 2: Ethics and the Planning Commissioner
Additional guidance can also be
derived from your local ethics or-
dinances. In the case of one Texas
city, the Municipal Code states:
It is the policy of the City of that
all city ocials and employees
shall act and conduct them-
selves both inside and outside
the city’s service so as to give
no occasion for distrust for their
integrity, impartiality or of their
devotion to the best interest
of the City and the public trust
which it holds.
That kind of a standard would
prohibit voting by the realtor in a
rezoning request made by his or
her broker.
15,000 or more of the fair market value of the business;
b) Receiving funds from the business exceeding 10 percent of the commis-
sioner’s gross income from the previous year;
c) Having an interest in real property that is either equitable or legal owner-
ship with a fair market value of $2500 or more;
d) Being related by marriage or ancestry or anity to someone who has an
interest as described above.
The national codes of APA and AICP also address conlict of interest, but call
for a higher standard — even the appearance of a conlict of interest should be
avoided. Sources of inancial conlict-of-interest can also include loans and
gifts as well as a less than direct inancial beneit.
Example: A realtor sits on the Planning Commission and from time-to-time, his broker
appears before the Planning Commission to seek a zoning change on behalf of a cli-
ent. Can the realtor vote on these requests?
Answer: According to the APA’s Statement of Ethical Principles, because securing a
change in the zoning is often a contract contingency, the realtor has a nancial inter-
est in working for a successful broker. The realtor should declare the potential conict
of interest and not participate in the discussion. However, according to Texas Law, this
would not be a conict of interest.
But laws are only minimum standards. The laws dene what one must (or must not)
do, not what one ought to do.
Sometimes Planning Commissioners overlook disclosure obligations related
to charitable fundraising. The theory is that the public has a right to know if
someone is contributing to your favorite causes. The assumption is that the
donations are made to establish a special relationship with you. Or worse,
what if a donor believes that if she or he fails to give, there will be negative
consequences? As a Planning Commissioner, you need to be sensitive to
these issues. Charitable donations can also be viewed as a version of “pay to
play.” That perception is damaging to the public’s faith in the fairness of your
decision-making.
Planning Commissions Should Adopt Ethical Standards
Your community should know that you have ethical principles that will be
used in decision-making. These standards may already be in place (local
ordinances and charter) or you may need to draft and adopt them. The APA
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37Chapter2: Ethics and the Planning Commissioner
Statement of Ethical Principles has already been suggested for consideration.
In summary, the Statement identiies the following ethical principles:
A. Serve the public interest.
1. Recognize the rights of citizens to participate in planning decisions.
2. Give citizens full, clear, and accurate information.
3. Expand choice and opportunity for all persons.
4. Assist in the clarication of community goals.
5. Ensure that information available to decision makers is also available to the
public.
6. Pay special attention to the interrelatedness of decisions and the long range
consequences of present actions.
B. Strive to achieve high standards of integrity and prociency.
1. Exercise fair, independent, and honest judgment.
2. Publicly disclose any personal interests.
3. Dene personal interest broadly.
4. Abstain from participation in a matter in which you have a personal interest
and leave the chamber when the matter is being deliberated.
5. Seek no gifts or favors.
6. Abstain from participating as an advisor or decision maker on any plan or
project in which you have previously participated as an advocate.
7. Serve as advocates only when the objectives are legal and serve the public
interest.
8. Not participate as an advocate on any plan or program in which you have
previously served as an advisory or decision maker except after full disclosure
and in no circumstance earlier than one year following termination of the role
as advisory or decision maker.
9. Not use condential information to further a personal interest.
10. Not disclose condential information.
11. Not misrepresent facts or distort information.
12. Not participate in any matter unless prepared.
13. Respect the rights of all persons.
These principles are aspirational in nature and they seek to inspire volun-
tary commitment through appeals to conscience. They are a positive obliga-
tion. There are no sanctions for failing to comply nor is there any regulatory
scheme.
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38 Chapter 2: Ethics and the Planning Commissioner
The commissioner
needs to ask herself
What decision will
promote the entire
community’s best in-
terest over time?”
If APA’s Statement seems too detailed for your community, you can always
consider something shorter. A quick check of the web will turn up a number
of examples. Another example is provided in Attachment F. It deals in behav-
ior and not outcomes and includes no prohibitions. Instead, it focuses how
one behaves based on values. Adoption of this type of an ethics statement
could promote healthy dialogue among the Commission. At the other end of
the continuum we have the following statement adopted by another Planning
Commission as their own version of a Statement of Ethical Principles:
We listen carefully to applicants and the community while collaborating eective-
ly with sta to achieve sound decisions and recommendations to the City Council.
We demonstrate a commitment to the highest standards of fairness and honesty.
In reality, the actual language inally adopted is less important than the
discussion that will surround the adoption. A conversation with planning
colleagues will clarify points of differing interpretation. Adopting ethical stan-
dards will also advise the community that there are principles upon which
they can rely. Indirectly, you will be putting people on notice that certain
forms of conduct are not acceptable. Finally, once you have an adopted state-
ment of ethical principles, it can easily eliminate the need for debate about
personalities or individual proclivities. A short statement can simply be made
referring to the adopted Statement and how it either encourages or precludes
certain forms of conduct.
The Decisions Made by Planning Commissions Should Reect the
Adopted Ethical Principles
Planning commissions should be attentive to every point of view laid out at a
commission meeting: property owner rights; equitable procedures; opinions
of residents; and sustaining the environment, etc. To sort through the pleth-
ora of information and arrive at the best decision, the commissioner needs to
ask herself “What decision will promote the entire community’s best interest
over time?”
Commissioners should also be attentive to the integrity of the planning
process. Decisions should be based upon full information. This information
should be discussed in an open forum where it can be debated. Certainly
planning reports, studies, and other records should be available to persons on
either (or any) side of an issue. Other meetings or communications a commis-
sioner may have received which are related to a proposed decision must be
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39Chapter2: Ethics and the Planning Commissioner
Why is it a problem when infor-
mation is communicated to you
outside of a meeting?
Not everyone has the same
information
The applicant cannot re-
spond, if accusations are
made
You can’t readily assess the
accuracy of the information
by seeking conrmation from
sta
It violates the perceived
fairness of process if special
information has been con-
veyed to a subset of the board
membership
noted at a public hearing to ensure full information, comments, and rebuttals
as appropriate. If a Commission conducts its business in a consistent and
open manner, then the community will have more faith in the process.
Applicants Deserve Fair Decisions Made in an Un-biased Manner
Basic common law provides that Commissioners exercise the power of ofice
for the beneit of the public and not for their private interests. The Consti-
tution lays out due process principles that require the decision-makers to be
fair and impartial when sitting in a quasi-judicial capacity on matters such as
variances which require indings to be made.
What constitutes bias? Bias arises from having a personal or inancial in-
terest in the outcome. For example, one court found a council member was
biased and should not have participated in a decision about new construction
which would block the member’s view of the ocean. There could be a person-
al bias based on well-known animosity toward an individual. Strong personal
loyalty could also constitute a bias. If, for example, your best friend since
kindergarten applied for a variance to the setbacks for her home, you could be
perceived as biased in favor of the proposal. Another form of bias could come
from your belief system or ideology. A Commissioner might ind a proposal
to approve a Conditional Use Permit for a Planned Parenthood clinic provok-
ing a strong reaction if the Commissioner opposed education about contra-
ception for teenagers or abortions. Another form of bias can result when
information received outside of the meeting inluences your thinking. All
communications about the project (pro and con) should occur in the context
of the noticed hearing. See the discussion of ex-parte communications which
immediately follows.
Ex-parte communications
Ex-parte communications are those that occur outside of the formal meeting.
These kinds of communications can undermine your efforts to establish a rep-
utation for Planning Commission fairness.
Some Planning Commissioners insist that they are comfortable with receiv-
ing communications from the projects’ neighbors of other concerned citi-
zens. They believe being open to community input is part of their job. Those
members explain that they report the ex-parte communications prior to the
beginning of the oficial meeting. But disclosing may not be enough. You can’t
easily convey the full text of information received or the way you may have
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40 Chapter 2: Ethics and the Planning Commissioner
Social Media and Serial
Meetings:
The general rule is that a majority
of the Planning Commissioners
cannot use the Internet to
communicate with each other
about Planning Commission
business. Many web sites present
information or ask questions and
individuals make comments or
ask questions which are called
postings. Multiple Commissioners
cannot post or comment on
others postings on Planning
Commission business. If they
do, then they are debating the
public’s business outside of the
public meeting. This is a no-no.
This does not mean that one-way
communications like blogs are
limited. Blogging can be a good
way to get the work out, especially
in a time of declining newspaper
readership.
been inluenced.
Site visits are a form of ex-parte communication. However, they are desirable.
They can take the form of individuals driving by a site, or exploring it alone
on foot. Some communities chose to organize group visits with staff. Because
you may have a quorum of Planning Commissioners present, such site visits
should be posted as a public meeting. Staff should prepare a brief write up of
the visit for the public record. While on the site, board members should main-
tain an open-minded frame of mind and refrain from offering opinions to the
property owner who is likely to be present.
Example: Can a planning commissioner receive information or explanations from an
applicant outside of the regular meeting?
Answer: If the information is designed to inuence the thinking of the Commissioner,
the information should be presented in a public meeting. It should be in writing and
should be part of the ocial public record.
Commissioners must give serious consideration to stepping aside and not
participating when reviewing projects if they have listened to community in-
put and have already determined the proper outcome in advance of receiving
the evidence.
Serial Meetings
A serial meeting occurs when a series of communications among board
members results in a debate and discussion of a pending item or policy. Serial
meetings may be prohibited by state or local ethics codes. Whether precluded
or not, they should be avoided. Serial meetings are the product of high tech-
nology, particularly e-mail. Meetings where decisions are made have to be
conducted in public. E-mails about pending matters should be avoided.
Example: Can the sta send a notice to all the Planning Commission advising them
that a long desired development project has been dropped from the agenda at the
request of the applicant?
Answer: Yes. No discussion of pros or cons should be undertaken. No replies should
be sent.
Example: Can planning commissioners send e-mails using the “reply to all” feature
speculating why the applicant made the decision and what, if anything, the commis-
sion can do as a group to help get the project back on track?
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41Chapter2: Ethics and the Planning Commissioner
Answer: No. The commission would be discussing a topic with the intention of arriv-
ing at a consensus to guide future public action outside of a public meeting.
Separate communications with decision-makers to answer questions are
acceptable. But those communications cannot have content which includes
information about the position of other decision-makers. Commissioners
should avoid all forms of communication that could result in an agreement by
the Commission or a subset of Commissioners about what to do outside of a
public meeting. This guidance does not preclude Commissioners from being
present at the same social event or attending a training conference. It simply
means that while at those events the Commissioners cannot meet to discuss
the public’s business.
Exchanging Votes
We’ve already covered the ethical standards that prohibit Planning Commis-
sioners from soliciting or receiving bribes/gifts in exchange for their votes.
Commissioners cannot give their vote in exchange for another public oficial’s
vote. Vote trading is a form of quid pro quo (this for that). Engaging in this
kind of behavior compromises the decision-making process. Outcomes other
than what is best for the public are being treated as what’s most important
when votes are traded.
Civility
It is to be expected that people will disagree about planning projects. The
disagreement itself is not a bad thing; it is how the disagreement is expressed
that holds the potential for problems. Many issues that come before the
Planning Commission will involve controversy. But if it appears that the per-
sonalities and not the merits of the proposal are holding sway, the public will
rightly doubt the wisdom of the outcome. The City of Collinsville (See Attach-
ment C) has adopted procedures calling for civil conduct and outlining what
will happen when there is a lack of order. See excerpts below.
Article 16: Conduct of Persons Before the Planning Commission
During all public hearings and working sessions, members of the public shall be given
equitable opportunity to speak. Comments should be addressed to the item before the
planning commission. Where a comment is irrelevant, inammatory, or prejudicial,
the chairperson may instruct the planning commission to “disregard” the comment,
which nevertheless may, at the discretion of the board, remain in the public record.
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42 Chapter 2: Ethics and the Planning Commissioner
During all regular and emergency meetings of the planning commission, the public
may be present but shall remain silent unless specically invited by the chairperson to
provide comment.
During all planning commission proceedings, members of the public have the obliga-
tion to remain in civil order. Any conduct which interferes with the equitable rights of
another to provide comment or which interferes with the proper execution of com-
mission aairs may be ruled by the chairperson as “out-of-order” and the oending
person directed to remain silent. Once having been so directed, if a person persists in
disruptive conduct, the chairperson may entertain a motion to “eject” the person from
the planning commission hearing or meeting. Where the person fails to comply with
the successful motion to eject, the chairperson may then call upon civil authority to
physically remove the individual from the chamber for the duration of the hearing or
deliberation on that item.
The advantages of having these procedures in place ahead of time is that it
saves people the stress of trying to decide in the middle of an especially angry
and contentious meeting what to do next. It also sets a reasonable standard
to which Commissioners can refer when the shouting and the insults become
untenable. Ejecting people should be avoided if at all possible, especial-
ly because law enforcement personnel rarely attend Planning Commission
meetings. Nonetheless, there are occasions when the Police should be invited
to attend and be prepared to “invite” unruly members of the public to leave
the Planning Commission meeting chambers. For example, you may have
residents with mental health issues attending meetings and threatening those
who disagree with them. In one City, vague threatening statements were
made at a neighborhood meeting. At the end of the meeting, when City staff
left, they learned that all of their cars had been keyed. When people don’t
feel safe or respected at meetings, it is appropriate to take actions to restore
civility. If it is a group rather than an individual causing the disruption, then
the room may be cleared. Members of the media must be allowed to stay.
Discussion can only take place on items posted on the agenda.
Besides removing disruptive individuals, another way to encourage civil
behavior is for the Planning Commissioners to lead by example. If the Com-
mission consistently demonstrates courtesy and respect it can help to tone
down some of the rhetoric. Put simply, the Commission must avoid criticism
of individuals and their motivations. The Commission’s deliberations must
focus on the merit of the proposal. While the Planning Commission Chair
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43Chapter2: Ethics and the Planning Commissioner
can encourage everyone to behave in a civil manner, the Chair cannot stop
people from expressing their opinions or criticizing the action of the Commis-
sion or others.
The Commission’s agenda must provide an opportunity for the public to ad-
dress the Commission on any item of interest to the public within the Com-
mission’s jurisdiction. The Planning Commission may adopt reasonable reg-
ulations to ensure that everyone has an opportunity to be heard in an orderly
manner. This includes time limits which can help ensure that the Commis-
sion can complete its work. The time limits should not be so short that the
public’s position cannot be readily understood, for example thirty seconds.
Individual Planning Commissioners Should Be Prepared to
Address Ethical Challenges
Most ethical challenges fall into one of two categories: Balancing two things
that are both right or doing the right thing even when it may be costly to you
personally or politically. For example, you might feel an ethical challenge
when doing the right thing might jeopardize your appointed position – voting
against a project championed by the Mayor. Or a vote may jeopardize a val-
ued personal relationship. While it may be a hard decision, it is also easy in
the sense that the right thing to do is obvious. It is accepting the cost which
is onerous. Ethical provisions require that you do what is best for the public
interest. This responsibility trumps your own personal interests and friend-
ships. The other kinds of ethical challenges – deciding between competing
public good or two rights – are more dificult. The one right thing to do is
not so obvious. Should you approve a project that will generate badly need-
ed additional sales tax revenue even though it will increase trafic impacting
residents when there are no feasible mitigations?
Here are several steps to follow to help resolve and ethical problem.
1. Stop and dene the problem. Avoid the temptation to go along to get
along. Take the time to make sure you can clearly express, at least to yourself,
what are your misgivings.
2. Collect the facts. Who is involved? How credible is the information you’ve
been oered? How reliable are the people providing information? And is the
information complete?
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44 Chapter 2: Ethics and the Planning Commissioner
3. Refer to your guidance material. Whatever principles or codes or ordinances
apply to your work, know what the recommendations are and how they would
be applied.
4. Generate alternative courses of action and decide if they would have better
probable outcomes. You can ask people individually or in a public setting, ask
the Commission Chair to address the problem, or request a memo from the
sta. When you have a list of alternatives, look for the ones that can help solve
the problem while building ethical bridges to the rest of the commission.
5. Act on the best alternative. The best alternative reects fullling your com-
mitment to serve the public interest, doing the right thing, and minimizing the
potential cost of following the right course.
Example: You have observed two members of the commission, in public meetings,
urge the sta to waive the criteria for a variance to the subdivision standards for cer-
tain members of the development community. The commission usually goes along.
Answer: Using the above guidelines:
1. Stop and dene the problem. Long time developers are receiving preferential
treatment and are being granted variances to the subdivision standards without
meeting the criteria.
2. Collect the facts. You always take detailed notes of the Commission’s debate.
Within the past six months, only two developers and all of their projects have
been the subject of requests of sta by the same two commissioners. Each time,
the argument is made to waive standards to support economic development and
encourage homebuilding. Some of the waivers are minor; others are signicant.
But in each case, they are lobbying for the approval of subdivisions that are sub-
standard.
3. Refer to guidance material. The APA Statement of Ethical Principles states that
those who participate in the planning process should “Exercise fair, honest, and
independent judgment.” You believe the Commissioners are failing to achieve this
standard and the credibility of the Commission has been aected.
4. Generate alternatives. Talk to the Chair of the Planning Commission. Talk to the
two Planning Commissioners. Request a brieng from sta of the formal process
of seeking variances and waivers. Invite a representative from the Texas Chapter
of APA to discuss the potential long-term costs of waiving certain subdivision
standards.
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45Chapter2: Ethics and the Planning Commissioner
5. Act on the best alternative. You decide to talk to the Chair of the Planning Com-
mission because this option doesn’t preclude other actions if your conversation
is not productive. It is your hope that together the two of you can approach the
other Commissioners.
With all of the information provided in this chapter, it should feel more com-
fortable to answer the questions posed at the beginning of the Chapter.
Question: Can I meet individually with applicants to hear about their project?
Answer: _____________________________________________________________
Question: Should I take a tour of a project site with an applicant?
Answer: _____________________________________________________________
Question: Can I discuss pending development projects at my neighborhood
association meeting?
Answer: _____________________________________________________________
Question: Can friends and neighbors oer me their opinions about pending
projects?
Answer: _____________________________________________________________
Question: What happens when my best friend has a project before the Plan-
ning Commission?
Answer: _____________________________________________________________
Question: How can I do my job as a Planning Commissioner in a way that pro-
motes fairness and objectivity?
Answer: _____________________________________________________________
WHEN YOU HAVE SERIOUS CONCERNS ABOUT
ETHICAL MISCONDUCT
What can you do when there are ethical violations that taint the public plan-
ning process? When you notice a consistent pattern of unethical behavior and
simple, direct remedies have failed, it may be time to consult with others who
can bring to bear the inluence of another entity.
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46 Chapter 2: Ethics and the Planning Commissioner
You have a
responsibility to act
quickly to address
ethical problems
before they become
scandals.
In the case of alleged unethical conduct by a certiied professional planner
AICP), you can conduct the Professional Development Oficer of the APA
Texas Chapter regarding a general question about accepted standards for
behavior. To make a speciic complaint, you should contact the Executive Di-
rector of the American Planning Association who serves as the Ethics Oficer
for the American Institute of Certiied Planners. Contact information for these
individuals is available on the Texas Chapter website: www.txplanning.org or
that of the APA www.planning.org. Your peers from another jurisdiction can
also be helpful in sorting out the issues and alternatives. This is particularly
true when you have concerns about the conduct of a planner and you are not
quite ready to consult with others.
What if the perceived problem lies with a fellow Commissioner or an elected
oficial? You have a responsibility to act quickly to address ethical problems
before they become scandals. It is often useful to assemble collective wisdom.
The following steps include some from a publication from the Institute for
Local Government :
1. Dene and problem.
2. Collect the facts.
3. Determine the consequences of ignoring the situation.
4. Speak with others. See if they share your concerns. Do not gossip, but
instead frame the conversation in terms of what needs to be done (if anything)
to respond to the challenge.
5. Determine if an investigation is warranted.
6. Determine whether to contact external authorities.
7. Figure out what can be done to prevent a similar situation from occurring in
the future.
These recommendations are not made lightly but with the full recognition
that confronting problematic behavior may involve personal costs. Conversa-
tions can damage relationships. That’s why it’s best to begin with a one-on-
one approach clarifying your understanding and, if things are as bad as you
fear, helping a colleague to understand what can happen if the conduct does
not change. By encouraging a colleague to refrain from the behavior, you are
seeking to spare both the colleague as well as the City the embarrassment
that will likely result. Depending on the magnitude of the transgression, you
might choose to encourage the Commissioner to talk to an attorney. You
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can use the approach of conirming from an independent party the possible
expenses that may accrue from continuing to lout the law. When you hear
that the behavior is protected because no one will ind out, debate that prem-
ise loudly. With all of the ways people can follow actions by Commissioners
whether public or private, that strategy is bound to fail. Don’t be surprised
if the response remains guarded or even denial. As mentioned earlier, we all
have an enormous capacity for believing that we are honest and ethical indi-
viduals and hence, our conduct is also upright.
It is a dificult lesson to learn, but nonetheless true that you as an individual
will be judged by the conduct of the other Commissioners. You must be pre-
pared to not only act ethically on your own, but also to hold others account-
able when they fail to do so.
Ultimately, an ethical commissioner must be prepared to consider whether
events are of such a serious nature as to require resignation to avoid guilt
by association. Conversely, the Commissioner may decide, upon relection,
to maintain a lonely outpost as the ethical beacon. The lone Commissioner
can be effective in a number of simple ways. One could request that the APA
Statement of Ethical Principles be placed on an agenda of the Commission. A
discussion can then occur without appearing to judge any individual(s). The
Commissioner could request training on ethics as a part of the overall devel-
opment program for volunteers. Even without bringing these outside resourc-
es to the table, consistently ethical actions by one Commissioner will, over
time, raise the ethical consciousness of the entire Planning Commission for
the beneit of the whole community.
What Happens When a Planning Commission Operations
Unethically?
There can be serious consequences for misconduct. If the administrative
decision is tainted, it can be site aside. New proceedings are then required.
An individual who fails to avoid conlicts of interest can lose her/his position
on the Commission. If the ethical failing rises to the level of a charge of
violating someone’s due process rights under the constitution, there could be
a lawsuit and damages awarded. Most city attorneys will tell you that you will
not be defended if you have violated the law. The cost of the proceedings will
have to be borne by the individual Planning Commissioners.
Most city attorneys
will tell you that you
will not be defended if
you have violated the
law.
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THE TAKEAWAY MESSAGE
Ethics for Planning Commissions is not an introspective process. You can be
absolutely conident that you have put your personal interest aside, but the
public may still question loudly whether that is true. Experienced Planning
Commissioners know that the public’s perception matters when you make
your determination of what the right thing to do is. This does not mean
yielding to prejudice or the loudest voice. Your responsibility remains to do
what is best for your community, even if it is an unpopular choice. If you act
on your best judgment (and leave outside the meeting room your personal or
political or job-related interests), you will have solved 99% of the ethical co-
nundrums. You can encourage ethical behavior simply by bringing the issue
up. You and the other Commissioners should analyze issues for their ethical
implications and have a shared understanding of how these issues should be
addressed.
If you have taken the time to read to the end of this Chapter, you are ahead of
the game!
Ethical Planning
Commissioners:
1. Are clear about the behavior
they demand of themselves and
expect from others.
2. Promote an ethical culture with-
in the Planning Commission and
the community where they serve.
3. Have a strategy ready for deal-
ing with ethical issues if they arise.
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ATTACHMENT A
Ethical Principles in Planning (As Adopted May 1992)
This statement is a guide to ethical conduct for all who participate in the process of planning as advi-
sors, advocates, and decision makers. It presents a set of principles to be held in common by certiied
planners, other practicing planners, appointed and elected oficials, and others who participate in the
process of planning.
The planning process exists to serve the public interest. While the public interest is a question of con-
tinuous debate, both in its general principles and in its case-by-case applications, it requires a conscien-
tiously held view of the policies and actions that best serve the entire community.
Planning issues commonly involve a conlict of values and, often, there are large private interests at
stake. These accentuate the necessity for the highest standards of fairness and honesty among all partic-
ipants.
Those who practice planning need to adhere to a special set of ethical requirements that must guide all
who aspire to professionalism.
The Code is formally subscribed to by each certiied planner. It includes an enforcement procedure that
is administered by AICP. The Code, however, provides for more than the minimum threshold of en-
forceable acceptability. It also sets aspirational standards that require conscious striving to attain.
The ethical principles derive both from the general values of society and from the planner’s special re-
sponsibility to serve the public interest. As the basic values of society are often in competition with each
other, so do these principles sometimes compete. For example, the need to provide full public informa-
tion may compete with the need to respect conidences. Plans and programs often result from a balanc-
ing among divergent interests. An ethical judgment often also requires a conscientious balancing, based
on the facts and context of a particular situation and on the entire set of ethical principles.
This statement also aims to inform the public generally. It is also the basis for continuing systematic
discussion of the application of its principles that is itself essential behavior to give them daily meaning.
The planning process must continuously pursue and faithfully serve the public interest.
Planning Process Participants should:
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1.Recognize the rights of citizens to participate in planning decisions;
2.Strive to give citizens (including those who lack formal organization or inuence) full, clear and accu-
rate information on planning issues and the opportunity to have a meaningful role in the develop-
ment of plans and programs;
3.Strive to expand choice and opportunity for all persons, recognizing a special responsibility to plan for
the needs of disadvantaged groups and persons;
4.Assist in the clarication of community goals, objectives and policies in plan-making;
5.Ensure that reports, records and any other non-condential information which is, or will be, available
to decision makers is made available to the public in a convenient format and suciently in advance
of any decision;
6.Strive to protect the integrity of the natural environment and the heritage of the built environment;
7.Pay special attention to the interrelatedness of decisions and the long range consequences of present
actions.
Planning process participants continuously strive to achieve high standards of integrity and
prociency so that public respect for the planning process will be maintained.
Planning Process Participants should:
1.Exercise fair, honest and independent judgment in their roles as decision makers and advisors;
2.Make public disclosure of all “personal interests” they may have regarding any decision to be made in
the planning process in which they serve, or are requested to serve, as advisor or decision maker.
3.Dene “personal interest” broadly to include any actual or potential benets or advantages that they,
a spouse, family member or person living in their household might directly or indirectly obtain from a
planning decision;
4.Abstain completely from direct or indirect participation as an advisor or decision maker in any matter
in which they have a personal interest, and leave any chamber in which such a matter is under delib-
eration, unless their personal interest has been made a matter of public record; their employer, if any,
has given approval; and the public ocial, public agency or court with jurisdiction to rule on ethics
matters has expressly authorized their participation;
5.Seek no gifts or favors, nor oer any, under circumstances in which it might reasonably be inferred
that the gifts or favors were intended or expected to inuence a participant’s objectivity as an advisor
or decision maker in the planning process;
Not participate as an advisor or decision maker on any plan or project in which they have previously par-
ticipated as an advocate;
6.Serve as advocates only when the client’s objectives are legal and consistent with the public interest.
7.Not participate as an advocate on any aspect of a plan or program on which they have previously
served as advisor or decision maker unless their role as advocate is authorized by applicable law,
agency regulation, or ruling of an ethics ocer or agency; such participation as an advocate should
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be allowed only after prior disclosure to, and approval by, their aected client or employer; under no
circumstance should such participation commence earlier than one year following termination of the
role as advisor or decision maker;
8.Not use condential information acquired in the course of their duties to further a personal interest;
9.Not disclose condential information acquired in the course of their duties except when required by
law, to prevent a clear violation of law or to prevent substantial injury to third persons; provided that
disclosure in the latter two situations may not be made until after verication of the facts and issues
involved and consultation with other planning process participants to obtain their separate opinions;
10.Not misrepresent facts or distort information for the purpose of achieving a desired outcome;
11.Not participate in any matter unless adequately prepared and suciently capacitated to render thor-
ough and diligent service;
12.Respect the rights of all persons and not improperly discriminate against or harass others based on
characteristics which are protected under civil rights laws and regulations.
APA members who are practicing planners continuously pursue improvement in their planning
competence as well as in the development of peers and aspiring planners. They recognize that
enhancement of planning as a profession leads to greater public respect for the planning pro-
cess and thus serves the public interest.
APA Members who are practicing planners:
1.Strive to achieve high standards of professionalism, including certication, integrity, knowledge, and
professional development consistent with the AICP Code of Ethics;
2.Do not commit a deliberately wrongful act which reects adversely on planning as a profession or
seek business by stating or implying that they are prepared, willing or able to inuence decisions by
improper means;
3.Participate in continuing professional education;
4.Contribute time and eort to groups lacking adequate planning resources and to voluntary profes-
sional activities;
5.Accurately represent their qualications to practice planning as well as their education and aliations;
6.Accurately represent the qualications, views, and ndings of colleagues;
7.Treat fairly and comment responsibly on the professional views of colleagues and members of other
professions;
8.Share the results of experience and research which contribute to the body of planning knowledge;
9.Examine the applicability of planning theories, methods and standards to the facts and analysis of
each particular situation and do not accept the applicability of a customary solution without rst es-
tablishing its appropriateness to the situation;
10.Contribute time and information to the development of students, interns, beginning practitioners and
other colleagues;
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11.Strive to increase the opportunities for women and members of recognized minorities to become
professional planners;
12.Systematically and critically analyze ethical issues in the practice of planning.
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ATTACHMENT B
AICP Code of Ethics and Professional Conduct
Adopted March 19, 2005
Eective June 1, 2005
Revised October 3, 2009
The Executive Director of APA/AICP is the Ethics Oficer as referenced in the following.
We, professional planners, who are members of the American Institute of Certiied Planners, subscribe
to our Institute’s Code of Ethics and Professional Conduct. Our Code is divided into four sections:
Section A contains a statement of aspirational principles that constitute the ideals to which we are com-
mitted. We shall strive to act in accordance with our stated principles. However, an allegation that we
failed to achieve our aspirational principles cannot be the subject of a misconduct charge or be a cause
for disciplinary action.
Section B contains rules of conduct to which we are held accountable. If we violate any of these rules,
we can be the object of a charge of misconduct and shall have the responsibility of responding to and
cooperating with the investigation and enforcement procedures. If we are found to be blameworthy by
the AICP Ethics Committee, we shall be subject to the imposition of sanctions that may include loss of
our certiication.
Section C contains the procedural provisions of the Code. It (1) describes the way that one may obtain
either a formal or informal advisory ruling, and (2) details how a charge of misconduct can be iled, and
how charges are investigated, prosecuted, and adjudicated.
Section D contains procedural provisions that govern situations in which a planner is convicted of a
serious crime.
The principles to which we subscribe in Sections A and B of the Code derive from the special responsi-
bility of our profession to serve the public interest with compassion for the welfare of all people and, as
professionals, to our obligation to act with high integrity.
As the basic values of society can come into competition with each other, so can the aspirational princi-
ples we espouse under this Code. An ethical judgment often requires a conscientious balancing, based
on the facts and context of a particular situation and on the precepts of the entire Code.
As Certiied Planners, all of us are also members of the American Planning Association and share in the
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goal of building better, more inclusive communities. We want the public to be aware of the principles by
which we practice our profession in the quest of that goal. We sincerely hope that the public will respect
the commitments we make to our employers and clients, our fellow professionals, and all other persons
whose interests we affect.
A: Principles to Which We Aspire
1. Our Overall Responsibility to the Public
Our primary obligation is to serve the public interest and we, therefore, owe our allegiance to a consci-
entiously attained concept of the public interest that is formulated through continuous and open de-
bate. We shall achieve high standards of professional integrity, proiciency, and knowledge. To comply
with our obligation to the public, we aspire to the following principles:
a) We shall always be conscious of the rights of others.
b) We shall have special concern for the long-range consequences of present actions.
c) We shall pay special attention to the interrelatedness of decisions.
d) We shall provide timely, adequate, clear, and accurate information on planning issues to all aected
persons and to governmental decision makers.
e) We shall give people the opportunity to have a meaningful impact on the development of plans and
programs that may aect them. Participation should be broad enough to include those who lack formal
organization or inuence.
f) We shall seek social justice by working to expand choice and opportunity for all persons, recognizing
a special responsibility to plan for the needs of the disadvantaged and to promote racial and economic
integration. We shall urge the alteration of policies, institutions, and decisions that oppose such needs.
g) We shall promote excellence of design and endeavor to conserve and preserve the integrity and heri-
tage of the natural and built environment.
h) We shall deal fairly with all participants in the planning process. Those of us who are public ocials or
employees shall also deal evenhandedly with all planning process participants.
2. Our Responsibility to Our Clients and Employers
We owe diligent, creative, and competent performance of the work we do in pursuit of our client or em-
ployer’s interest. Such performance, however, shall always be consistent with our faithful service to the
public interest.
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a) We shall exercise independent professional judgment on behalf of our clients and employers.
b) We shall accept the decisions of our client or employer concerning the objectives and nature of the pro-
fessional services we perform unless the course of action is illegal or plainly inconsistent with our primary
obligation to the public interest.
c) We shall avoid a conict of interest or even the appearance of a conict of interest in accepting assign-
ments from clients or employers.
3. Our Responsibility to Our Profession and Colleagues
We shall contribute to the development of, and respect for, our profession by improving knowledge and
techniques, making work relevant to solutions of community problems, and increasing public under-
standing of planning activities.
a) We shall protect and enhance the integrity of our profession.
b) We shall educate the public about planning issues and their relevance to our everyday lives.
c) We shall describe and comment on the work and views of other professionals in a fair and professional
manner.
d) We shall share the results of experience and research that contribute to the body of planning knowl-
edge.
e) We shall examine the applicability of planning theories, methods, research and practice and standards
to the facts and analysis of each particular situation and shall not accept the applicability of a customary
solution without rst establishing its appropriateness to the situation.
f) We shall contribute time and resources to the professional development of students, interns, beginning
professionals, and other colleagues.
g) We shall increase the opportunities for members of underrepresented groups to become professional
planners and help them advance in the profession.
h) We shall continue to enhance our professional education and training.
i) We shall systematically and critically analyze ethical issues in the practice of planning.
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j) We shall contribute time and eort to groups lacking in adequate planning resources and to voluntary
professional activities.
B: Our Rules of Conduct
We adhere to the following Rules of Conduct, and we understand that our Institute will enforce com-
pliance with them. If we fail to adhere to these Rules, we could receive sanctions, the ultimate being the
loss of our certiication:
1.We shall not deliberately or with reckless indierence fail to provide adequate, timely, clear and accu-
rate information on planning issues.
2.We shall not accept an assignment from a client or employer when the services to be performed in-
volve conduct that we know to be illegal or in violation of these rules.
3.We shall not accept an assignment from a client or employer to publicly advocate a position on a
planning issue that is indistinguishably adverse to a position we publicly advocated for a previous
client or employer within the past three years unless (1) we determine in good faith after consultation
with other qualied professionals that our change of position will not cause present detriment to our
previous client or employer, and (2) we make full written disclosure of the conict to our current client
or employer and receive written permission to proceed with the assignment.
4.We shall not, as salaried employees, undertake other employment in planning or a related profession,
whether or not for pay, without having made full written disclosure to the employer who furnishes our
salary and having received subsequent written permission to undertake additional employment, un-
less our employer has a written policy which expressly dispenses with a need to obtain such consent.
5.We shall not, as public ocials or employees, accept from anyone other than our public employer any
compensation, commission, rebate, or other advantage that may be perceived as related to our public
oce or employment.
6.We shall not perform work on a project for a client or employer if, in addition to the agreed upon
compensation from our client or employer, there is a possibility for direct personal or nancial gain
to us, our family members, or persons living in our household, unless our client or employer, after full
written disclosure from us, consents in writing to the arrangement.
7.We shall not use to our personal advantage, nor that of a subsequent client or employer, informa-
tion gained in a professional relationship that the client or employer has requested be held inviolate
or that we should recognize as condential because its disclosure could result in embarrassment or
other detriment to the client or employer. Nor shall we disclose such condential information except
when (1) required by process of law, or (2) required to prevent a clear violation of law, or (3) required
to prevent a substantial injury to the public. Disclosure pursuant to (2) and (3) shall not be made until
after we have veried the facts and issues involved and, when practicable, exhausted eorts to obtain
reconsideration of the matter and have sought separate opinions on the issue from other qualied
professionals employed by our client or employer.
8.8. We shall not, as public ocials or employees, engage in private communications with planning pro-
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cess participants if the discussions relate to a matter over which we have authority to make a binding,
nal determination if such private communications are prohibited by law or by agency rules, proce-
dures, or custom.
9.We shall not engage in private discussions with decision makers in the planning process in any man-
ner prohibited by law or by agency rules, procedures, or custom.
10.We shall neither deliberately, nor with reckless indierence, misrepresent the qualications, views and
ndings of other professionals.
11.We shall not solicit prospective clients or employment through use of false or misleading claims, ha-
rassment, or duress.
12.We shall not misstate our education, experience, training, or any other facts which are relevant to our
professional qualications.
13.We shall not sell, or oer to sell, services by stating or implying an ability to inuence decisions by
improper means.
14.We shall not use the power of any oce to seek or obtain a special advantage that is not a matter of
public knowledge or is not in the public interest.
15.We shall not accept work beyond our professional competence unless the client or employer under-
stands and agrees that such work will be performed by another professional competent to perform
the work and acceptable to the client or employer.
16.We shall not accept work for a fee, or pro bono, that we know cannot be performed with the prompt-
ness required by the prospective client, or that is required by the circumstances of the assignment.
17.We shall not use the product of others’ eorts to seek professional recognition or acclaim intended for
producers of original work.
18.We shall not direct or coerce other professionals to make analyses or reach ndings not supported by
available evidence.
19.We shall not fail to disclose the interests of our client or employer when participating in the planning
process. Nor shall we participate in an eort to conceal the true interests of our client or employer.
20.We shall not unlawfully discriminate against another person.
21.We shall not withhold cooperation or information from the AICP Ethics Ocer or the AICP Ethics Com-
mittee if a charge of ethical misconduct has been led against us.
22.We shall not retaliate or threaten retaliation against a person who has led a charge of ethical mis-
conduct against us or another planner, or who is cooperating in the Ethics Ocer’s investigation of an
ethics charge.
23.We shall not use the threat of ling an ethics charge in order to gain, or attempt to gain, an advantage
in dealings with another planner.
24.We shall not le a frivolous charge of ethical misconduct against another planner.
25.We shall neither deliberately, nor with reckless indierence, commit any wrongful act, whether or not
specied in the Rules of Conduct, that reects adversely on our professional tness.
26.We shall not fail to immediately notify the Ethics Ocer by both receipted Certied and Regular First
Class Mail if we are convicted of a “serious crime” as dened in Section D of the Code; nor immediately
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following such conviction shall we represent ourselves as Certied Planners or Members of AICP until
our membership is reinstated by the AICP Ethics Committee pursuant to the procedures in Section D
of the Code.
C: Our Code Procedures
1. Introduction
In brief, our Code Procedures (1) describe the way that one may obtain either a formal or informal advi-
sory ethics ruling, and (2) detail how a charge of misconduct can be iled, and how charges are investi-
gated, prosecuted, and adjudicated.
2. Informal Advice
All of us are encouraged to seek informal ethics advice from the Ethics Oficer. Informal advice is not
given in writing and is not binding on AICP, but the AICP Ethics Committee shall take it into consider-
ation in the event a charge of misconduct is later iled against us concerning the conduct in question. If
we ask the Ethics Oficer for informal advice and do not receive a response within 21 calendar days of
our request, we should notify the Chair of the Ethics Committee that we are awaiting a response.
3. Formal Advice
Only the Ethics Oficer is authorized to give formal advice on the propriety of a planner’s proposed con-
duct. Formal advice is binding on AICP and any of us who can demonstrate that we followed such ad-
vice shall have a defense to any charge of misconduct. The advice will be issued to us in writing signed
by the Ethics Oficer. The written advice shall not include names or places without the written consent
of all persons to be named. Requests for formal advice must be in writing and must contain suficient
details, real or hypothetical, to permit a deinitive opinion. The Ethics Oficer has the discretion to issue
or not issue formal advice. The Ethics Oficer will not issue formal advice if he or she determines that
the request deals with past conduct that should be the subject of a charge of misconduct. The Ethics Of-
icer will respond to requests for formal advice within 21 days of receipt and will docket the requests in a
log that will be distributed on a quarterly basis to the Chair of the AICP Ethics Committee. If the Ethics
Oficer fails to furnish us with a timely response we should notify the Chair of the AICP Ethics Commit-
tee that we are awaiting a response.
4. Published Formal Advisory Rulings
The Ethics Oficer shall transmit a copy of all formal advice to the AICP Ethics Committee. The Com-
mittee, from time to time, will determine if the formal advice provides guidance to the interpretation of
the Code and should be published as a formal advisory ruling. Also, the Ethics Committee has the au-
thority to draft and publish formal advisory rulings when it determines that guidance to interpretation
of the Code is needed or desirable.
5. Filing a Charge of Misconduct
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Any person, whether or not an AICP member, may ile a charge of misconduct against a Certiied Plan-
ner. A charge of misconduct shall be made in a letter sent to the AICP Ethics Oficer. The letter may be
signed or it may be anonymous. The person iling the charge is urged to maintain conidentiality to the
extent practicable. The person iling the charge should not send a copy of the charge to the Certiied
Planner identiied in the letter or to any other person. The letter shall accurately identify the Certiied
Planner against whom the charge is being made and describe the conduct that allegedly violated the
provisions of the Rules of Conduct. The person iling a charge should also cite all provisions of the Rules
of Conduct that have allegedly been violated. However, a charge will not be dismissed if the Ethics Ofi-
cer is able to determine from the facts stated in the letter that certain Rules of Conduct may have been
violated. The letter reciting the charge should be accompanied by all relevant documentation available
to the person iling the charge. While anonymously iled charges are permitted, anonymous ilers will
not receive notiication of the disposition of the charge. Anonymous ilers may furnish a postal address
in the event the Ethics Oficer needs to reach them for an inquiry.
6. Receipt of Charge by Ethics Ocer
The Ethics Oficer shall maintain a log of all letters containing charges of misconduct iled against Cer-
tiied Planners upon their receipt and shall transmit a quarterly report of such correspondence to the
Chair of the Ethics Committee. Within two weeks of receipt of a charge, the Ethics Oficer shall prepare
a cover letter and transmit the charge and all attached documentation to the named Certiied Planner,
who shall be now referred to as “the Respondent.” The Ethics Oficer’s cover letter shall indicate wheth-
er the Ethics Oficer expects the Respondent to ile a “preliminary response” or whether the Ethics
Oficer is summarily dismissing the charge because it is clearly without merit. A copy of the cover letter
will also be sent to the Charging Party, if identiied. If the cover letter summarily dismisses the charge, it
shall be sent to an identiiable Charging Party by receipted Certiied Mail. The Charging Party will have
the right to appeal the summary dismissal as provided in Section 11. After the Ethics Oficer has re-
ceived a charge, the Charging Party may withdraw it only with the permission of the Ethics Oficer. After
receiving a charge, the Ethics Oficer shall have a duty to keep an identiied Charging Party informed of
its status. If an identiied Charging Party has not received a status report from the Ethics Oficer for 60
calendar days, the Charging Party should notify the Chair of the AICP Ethics Committee of the lapse.
7. Right of Counsel
A planner who receives a charge of misconduct under a cover letter requesting a preliminary response
should understand that if he or she desires legal representation, it would be advisable to obtain such
representation at the earliest point in the procedure. However, a planner who elects to proceed at irst
without legal representation will not be precluded from engaging such representation at any later point
in the procedure.
8. Preliminary Responses to a Charge of Misconduct
If the Ethics Oficer requests a preliminary response, the Respondent shall be allowed 30 calendar days
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from receipt of the Ethics Oficer’s letter to send the response to the Ethics Oficer. The Ethics Oficer
will grant an extension of time, not to exceed 15 calendar days, if the request for the extension is made
within the 30 day period. Failure to make a timely preliminary response constitutes a failure to coop-
erate with the Ethics Oficer’s investigation of the charge. A preliminary response should include doc-
umentation, the names, addresses and telephone numbers of witnesses, and all of the facts and argu-
ments that counter the charge. Because the motivation of the person who iled the charge is irrelevant,
the Respondent should not discuss it. The Ethics Oficer will send a copy of the preliminary response to
the Charging Party, if identiied, and allow the Charging Party 15 calendar days from the date of receipt
to respond.
9. Conducting an Investigation
After review of the preliminary response from the Respondent and any counter to that response fur-
nished by an identiied Charging Party, or if no timely preliminary response is received, the Ethics
Oficer shall decide whether an investigation is appropriate. If the Ethics Oficer determines that an
investigation should be conducted, he or she may designate a member of the AICP staff or AICP counsel
to conduct the investigation. The Respondent must cooperate in the investigation and encourage others
with relevant information, whether favorable or unfavorable, to cooperate. Neither the Ethics Oficer ,
nor designee, will make credibility indings to resolve differing witness versions of facts in dispute.
10. Dismissal of Charge or Issuance of Complaint
If, with or without an investigation, the charge appears to be without merit, the Ethics Oficer shall
dismiss it in a letter, giving a full explanation of the reasons. The dismissal letter shall be sent to the Re-
spondent and the Charging Party by receipted Certiied Mail. If, however, the Ethics Oficer’s investiga-
tion indicates that a Complaint is warranted, the Ethics Oficer shall draft a Complaint and send it to the
Respondent by receipted Certiied Mail, with a copy to the Charging Party. The Complaint shall consist
of numbered paragraphs containing recitations of alleged facts. Following the fact paragraphs, there
shall be numbered paragraphs of alleged violations, which shall cite provisions of the Rules of Conduct
that the Ethics Oficer believes are implicated. The allegations in the Complaint shall be based on the
results of the Ethics Oficer’s investigation of the charge and may be additional to, or different from,
those allegations initially relied upon by the Charging Party. The Ethics Oficer shall maintain a log of
all dismissals and shall transmit the log on a quarterly basis to the Chair of the Ethics Committee.
11. Appeal of Dismissal of Charge
Identiied Charging Parties who are notiied of the dismissal of their ethics charges shall have 30 calen-
dar days from the date of the receipt of their dismissal letters to ile an appeal with the Ethics Commit-
tee. The appeal shall be sent to the Ethics Oficer who shall record it in a log and transmit it within 21
calendar days to the Ethics Committee. The Ethics Committee shall either afirm or reverse the dismiss-
al. If the dismissal is reversed, the Ethics Committee shall either direct the Ethics Oficer to conduct a
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further investigation and review the charge again, or issue a Complaint based on the materials before
the Committee. The Ethics Oficer shall notify the Charging Party and the Respondent of the Ethics
Committee’s determination.
12. Answering a Complaint
The Respondent shall have 30 calendar days from receipt of a Complaint in which to ile an Answer. An
extension not to exceed 15 calendar days will be granted if the request is made within the 30 day period.
In furnishing an Answer, the Respondent is expected to cooperate in good faith. General denials are un-
acceptable. The Answer must speciically admit or deny each of the fact allegations in the Complaint. It
is acceptable to deny a fact allegation on the ground that the planner is unable to verify its correctness,
but that explanation should be stated as the reason for denial. The failure of a Respondent to make a
timely denial of any fact alleged in the Complaint shall be deemed an admission of such fact. The Eth-
ics Oficer may amend a Complaint to delete any disputed fact, whether or not material to the issues.
The Ethics Oficer also may amend a Complaint to restate fact allegations by verifying and adopting
the Respondent’s version of what occurred. The Ethics Oficer shall send the Complaint or Amended
Complaint and the Respondent’s Answer to the Ethics Committee with a copy to an identiied Charging
Party. The Ethics Oficer shall also inform the Ethics Committee if there are any disputed material facts
based on a comparison of the documents.
13. Conducting a Hearing
a) If the Ethics Oficer notiies the Ethics Committee that material facts are in dispute or if the Ethics
Committee, on its own, inds that to be the case, the Chair of the Committee shall designate a “Hearing
Oficial” from among the membership of the Committee. At this point in the process, the Ethics Oficer,
either personally or through a designated AICP staff member or AICP counsel, shall continue to serve
as both Investigator-Prosecutor and as the Clerk serving the Ethics Committee, the Hearing Oficial
and the Respondent. In carrying out clerical functions, the Ethics Oficer, or designee, may discuss with
the Ethics Committee and the Hearing Oficial the procedural arrangements for the hearing. Until the
Ethics Committee decides the case, however, the Ethics Oficer or designee shall not discuss the merits
of the case with any member of the Committee unless the Respondent is present or is afforded an equal
opportunity to address the Committee member.
b) The Ethics Oficer shall transmit a “Notice of Hearing” to the Respondent, the Hearing Oficial and
an identiied Charging Party. The hearing shall normally be conducted in the vicinity where the al-
leged misconduct occurred. The Notice will contain a list of all disputed material facts that need to be
resolved. The hearing will be conined to resolution of those facts. There shall be no requirement that
formal rules of evidence be observed.
c) The Ethics Oficer will have the burden of proving, by a preponderance of the evidence, that mis-
conduct occurred. The Ethics Oficer may present witness testimony and any other evidence relevant
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to demonstrating the existence of each disputed material fact. The Respondent will then be given the
opportunity to present witness testimony and any other evidence relevant to controvert the testimony
and other evidence submitted by the Ethics Oficer. The Ethics Oficer may then be given an opportunity
to present additional witness testimony and other evidence in rebuttal. All witnesses who testify for the
Ethics Oficer or the Respondent shall be subject to cross-examination by the other party. The Hearing
Oficial shall make an electronic recording of the hearing and shall make copies of the recording avail-
able to the Ethics Oficer and the Respondent.
d) At least 30 calendar days before the hearing, the Ethics Oficer and the Respondent shall exchange
lists of proposed witnesses who will testify, and copies of all exhibits that will be introduced, at the hear-
ing. There shall be no other discovery and no pre-hearing motions. All witnesses must testify in person
at the hearing unless arrangements can be made by agreement between the Respondent and the Ethics
Oficer prior to the hearing, or by ruling of the Hearing Oficial during the hearing, to have an unavail-
able witness’s testimony submitted in a video recording that permits the Hearing Oficial to observe
the demeanor of the witness. No unavailable witness’s testimony shall be admissible unless the oppos-
ing party was offered a meaningful opportunity to cross-examine the witness. The hearing shall not
be open to the public. The Hearing Oficial shall have the discretion to hold open the hearing to accept
recorded video testimony of unavailable witnesses. The Respondent will be responsible for the expense
of bringing his or her witnesses to the hearing or to have their testimony video recorded. Following the
closing of the hearing, the Hearing Oficial shall make indings only as to the disputed material facts and
transmit the indings to the full Ethics Committee, the Ethics Oficer, and the Respondent. The Hearing
Oficial, prior to issuing indings, may request that the parties submit proposed indings of fact for his or
her consideration.
14. Deciding the Case
The Ethics Committee (including the Hearing Oficial member of the Committee) shall resolve the
ethics matter by reviewing the documentation that sets out the facts that were not in dispute, any fact
indings that were required to be made by a Hearing Oficial, and any arguments submitted to it by the
Respondent and the Ethics Oficer. The Ethics Oficer shall give 45 calendar days’ notice to the Respon-
dent of the date of the Ethics Committee meeting during which the matter will be resolved. The Ethics
Oficer and the Respondent shall have 21 calendar days to submit memoranda stating their positions.
The Ethics Oficer shall transmit the memoranda to the Ethics Committee no later than 15 calendar
days prior to the scheduled meeting. If the Committee determines that the Rules of Conduct have not
been violated, it shall dismiss the Complaint and direct the Ethics Oficer to notify the Respondent and
an identiied Charging Party. If the Ethics Committee determines that the Ethics Oficer has demon-
strated that the Rules of Conduct have been violated, it shall also determine the appropriate sanction,
which shall either be a reprimand, suspension, or expulsion. The Ethics Committee shall direct the Eth-
ics Oficer to notify the Respondent and an identiied Charging Party of its action and to draft a formal
explanation of its decision and the discipline chosen. Upon approval of the Ethics Committee, the expla-
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nation and discipline chosen shall be published and titled “Opinion of the AICP Ethics Committee.” The
determination of the AICP Ethics Committee shall be inal.
15. Settlement of Charges
a) Prior to issuance of a Complaint, the Ethics Oficer may negotiate a settlement between the Respon-
dent and an identiied Charging Party if the Ethics Oficer determines that the Charging Party has been
personally aggrieved by the alleged misconduct of the Respondent and a private resolution between
the two would not be viewed as compromising Code principles. If a settlement is reached under such
circumstances, the Charging Party will be allowed to withdraw the charge of misconduct.
b) Also prior to issuance of a Complaint, the Ethics Oficer may enter into a proposed settlement agree-
ment without the participation of an identiied Charging Party. However, in such circumstances, the
proposed settlement agreement shall be contingent upon the approval of the Ethics Committee. An
identiied Charging Party will be given notice and an opportunity to be heard by the Ethics Committee
before it votes to approve or disapprove the proposed pre-Complaint settlement.
c) After issuance of a Complaint by the Ethics Oficer, a settlement can be negotiated solely between the
Ethics Oficer and the Respondent, subject to the approval of the Ethics Committee without input from
an identiied Charging Party.
16. Resignations and Lapses of Membership
If an AICP member who is the subject of a Charge of Misconduct resigns or allows membership to lapse
prior to a inal determination of the Charge (and any Complaint that may have issued), the ethics matter
will be held in abeyance subject to being revived if the individual applies for reinstatement of mem-
bership within two years. If such former member, however, fails to apply for reinstatement within two
years, the individual shall not be permitted to reapply for certiication for a period of 10 years from the
date of resignation or lapse of membership. If the Ethics Oficer receives a Charge of Misconduct against
a former member, the Ethics Oficer shall make an effort to locate and advise the former member of the
iling of the Charge and this Rule of Procedure.
17. Annual Report of Ethics Ocer
Prior to January 31 of each calendar year the Ethics Oficer shall publish an Annual Report of all ethics
activity during the preceding calendar year to the AICP Ethics Committee and the AICP Commission.
The AICP Commission shall make the Annual Report available to the membership.
D: Planners Convicted of Serious Crimes — Automatic Suspension of Certication
1. Automatic Suspension Upon Conviction for “Serious Crime”
We acknowledge that if we are convicted of a “serious crime,” our certiication and membership shall be
automatically suspended indeinitely. The automatic suspension applies whether the conviction result-
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ed from a plea of guilty or nolo contendere or from a verdict after trial or otherwise, and regardless of
the pendency of any appeal. A “serious crime” shall include any crime a necessary element of which,
as determined by the statutory or common law deinition of such crime in the jurisdiction where the
judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to ile income
tax returns or to pay the tax, deceit, bribery, extortion, misappropriation, theft, conlict of interest, or an
attempt to or a conspiracy or solicitation of another to commit a “serious crime.”
2. Duty to Notify Ethics Ocer When Convicted of “Serious Crime.”
As required by Rule of Conduct 26, in Section B of the Code, we shall notify the Ethics Oficer both by
receipted Certiied and Regular First Class Mail if we are convicted of a “serious crime” as deined in
Paragraph 1. We understand that failure to do so shall result in a delay in the commencement of the one
year waiting period for iling reinstatement petitions as provided for in Paragraph 3.
3. Petition for Reinstatement of Certication and Membership
Upon learning of the conviction of a Certiied Planner for a serious crime, the Ethics Oficer shall send
the convicted individual by receipted Certiied and Regular First Class Mail to the last address of record
a Notice of Suspension of AICP Membership and Certiication. The Notice shall advise the individual
that one year from the date of the Notice, but in no event prior to release from incarceration, he or she
may petition the AICP Ethics Committee for reinstatement. A Petition for Reinstatement shall be sent
to the Ethics Oficer, who shall forward it to the Ethics Committee. The Ethics Committee shall in its
sole judgment determine whether reinstatement is appropriate and if so whether and what conditions
shall be applied to such reinstatement. The Ethics Oficer shall transmit the reinstatement determina-
tion to the petitioner. If the Ethics Committee denies the Petition, the Ethics Oficer shall transmit the
denial to the petitioner along with notice that the petitioner shall have the opportunity to ile a subse-
quent petition after 12 months from the date of the Ethics Committee’s determination.
4. Publication of Conviction for Serious Crime:
If, while we are Certiied Planners, we are convicted of a serious offense, as deined in Paragraph 1, we
authorize the Ethics Oficer to publish our name and a description of the crime we committed in a pub-
lication of AICP and of the American Planning Association. This authority to publish shall survive the
voluntary or involuntary termination or suspension of our AICP membership and certiication.
ATTACHMENT C
BY-LAWS FOR PLANNING AND ZONING COMMISSION
CITY OF COLLINSVILLE, TEXAS
Used with the Permission of the City of Collinsville, Troy Vanoy, approved March, 2013.
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By-Laws of the Planning Commission of the City of Collinsville, State of Texas, as established on March,
2001.
Article 1: Authority
Authority was given to Planning and Zoning as a Board by the City Council of Collinsville, State of Tex-
as. City of Collinsville Zoning Ordinance.
Article 2: Jurisdiction
The Jurisdiction of this board includes all property within the city limits of Collinsville, Texas, as
well as any and all property within the extra-territorial jurisdiction (ETJ) of the city.
The amount of property that falls within the ETJ is deined by State law and is based upon the cur-
rent population of the city. At the present time, the ETJ for the City of Collinsville includes all area
up to one-half of a mile beyond the city limits.
All recommendations will be heard on next planned agenda and decision will be made by the Plan-
ning and Zoning board no more than 90 days from the date of the recommendation being presented
to the board.
Article 3: Appointment and Terms of Members
All appointments to the Planning and Zoning board are made by the City Council.
The Planning and Zoning board consists of ive members who must be a resident either in the city
limits of Collinsville, or live within ive (5) miles of the city limits of Collinsville. However in the
event that a bordering county line is less than ive (5) miles of the Collinsville City limits, the mile-
age limit stops at the Grayson County line.
Each appointment to the Planning and Zoning board is for a two year period. If a member is unable
to complete their two year term, the City Council will vote on a replacement to complete that portion
of the unexpired term. Members are elected in overlapping terms, i.e., in one year two positions are
appointed for two year terms and in the next year three positions are appointed for two year terms.
Article 4: Planning Commission Ocers and their Duties
Chairperson- presides at all hearings and meetings of the commission, assures proper order of the
commission and the public in all proceedings, signs all documents of the commission, and rep-
resents the commission before legislative and administrative bodies.
Vice-chairperson- provides orientation to new planning commission members, and, in the absence
of the chairperson, performs all of the chairperson’s duties. If applicable, prepares the annual report
of planning commission activities and coordinates the annual meeting of the planning commission.
Secretary- prepares all oficial instruments of the planning commission, records the proceedings of
all hearings and meetings; together with the chairperson signs all documents of the planning com-
mission, and assures the proper indexing of all planning commission documents as public records.
Chairperson-Pro-Temp- where both the chairperson and vice chairperson are absent from a hear-
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ing or meeting, the remainder of the members of the planning commission shall elect a chairper-
son-pro-temp from among their own number by majority vote.
Treasurer (NOT APPLICABLE AT THIS TIME)- where a planning commission retains direct control
over the budget for operations and staff, the treasurer shall maintain complete, accurate and orderly
accounts in preparation for the annual audit, and together with the chairperson shall sign all autho-
rizations and payments of funds.
Article 5: Sta of the Commission and their Duties
Consultants- the planning commission may hire consultants to perform planning related activities
under terms of a contract prepared by the Planning and Zoning Commission and approved by the
City Council.
Legal counsel- the county attorney or municipal director of law shall serve as legal counsel to the
planning commission; prepares memoranda of law as requested by the planning commission, and
reviews drafts of ordinances, resolutions, and by-laws, and their amendment.
Director of Planning (NOT APPLICABLE AT THIS TIME)- advises the planning commission,
legislative body, and chief administrative oficer on matters related to planning, development, and
redevelopment, coordinates and supervises the work of all other staff and consultants, prepares all
documents for presentation to the planning commission, and assists the chairperson and secretary
in the exercise of their duties; the director of planning or designee shall have the privilege to address
the planning commission during regular meetings.
Zoning Administrator (NOT APPLICABLE AT THIS TIME)- advises the planning commission on all
matters regarding the regulation of development, prepares all related documents for presentation to
the planning commission, and serves as staff to the board of zoning appeals.
Commission staff (NOT APPLICABLE AT THIS TIME) - the planning commission may appoint
other staff members to carry-out appropriate functions.
Article 6: Hearings of the Planning Commission
Public hearing- a noticed oficial hearing, the express and limited purpose of which is to provide an
equitable opportunity for the public to speak on matters before the planning commission, for which
publicly-accessible minutes must be prepared; the planning commission may neither deliberate nor
take a substantive vote during a public hearing.
Working Session- a noticed oficial hearing open to the public to discuss speciic matters before
the commission; the intent of the working session is informational; the planning commission may
neither deliberate nor take a substantive vote during a working session, however publicly-accessible
minutes may be prepared.
Article 7: Meetings of the Planning Commission
Regular meeting- a noticed oficial meeting, open to the public, during which the planning com-
mission deliberates and may take substantive votes on speciic terms, for which publicly-accessible
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minutes will be prepared.
Emergency meeting- in the event of a true emergency, the chairperson, with the assent of a majority
of planning commission members contacted by telephone, may call an emergency meeting without
notice; such meeting is open to the public; publicly-accessible minutes shall carry the speciic justii-
cation for such meetings.
Executive meeting- a noticed oficial meeting, closed to the public, whose topics of deliberation are
truly conidential in nature; there shall be neither deliberation nor vote on agendized items before
the commission.
Article 8: Order of a Public Hearing
1.Sign-in sheets by agenda item, listing printed name, signature, address of persons wishing to testify,
and indication of support or opposition to items.
2.Call to order and determination of quorum.
3.Presentation by commissioner (or staff if applicable) summarizing the item.
4.Testimony of agencies related to the item.
5.Presentation by the applicant.
6.Testimony of the proponents.
7.Testimony of the opponents.
8.Concluding comments of the applicant.
9.Concluding comments of the commissioner (or staff if applicable).
10.Request of the Chairperson for a motion to close the public hearing.
Article 9: Order of a Regular Meeting
1.Call to order and determination of quorum.
2.Approval of the minutes of the previous meeting.
3.Items carried-over from a previous agenda:
a. Matters regarding the comprehensive plan
b. Matters regarding capital improvements
c. Matters regarding subdivision of land
d. Matters regarding zoning of land
e. Matters regarding other regulatory action
4.Items of the present agenda, presented in the same order as above.
5.Other business.
6.Review of the planning commission calendar and announcement of future meetings.
7.Request of the chairperson for a motion to adjourn.
Article 10: Form and Character of Motions
The form and character of motions shall conform to those offered within Robert’s Rules of Order, Re-
vised, except as speciied below.
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Upon review of the full public record and due deliberation among members of the planning com-
mission, any of its members, except the chairperson, may make a substantive motion. The motion
shall include not only direction (Approval, Approval with speciied conditions, or Disapproval) but
also a recitation of indings which support the motion.
A second, citing compatible inding shall be required.
Other commission members may support the motion with other compatible indings.
A motion shall die for lack of second.
Where a motion to disapprove an item has been defeated, a member of the planning commission
initially in the opposition may make a motion to approve or approve with conditions.
Article 11: Quorum and Voting Requirements
A majority of the members of the planning commission shall constitute a quorum.
A majority of the members of the planning commission shall be required to pass a motion.
All votes shall be taken by the Chairperson in random order, with the Chairperson not voting except
as needed to break a tie vote.
If a member abstains from voting, their vote shall not be counted in the determination of a motion,
but it shall be recorded in the minutes as an abstaining vote.
Article 12: Requirements for the Submission of Requests
The planning commission shall adopt standard forms for the submission of each type of request re-
quired for its consideration; such forms shall specify the schedule of submission, form and content
of complementary materials, and scale and content of drawings.
The secretary of the planning commission shall certify the completeness of submissions.
Certiied requests shall be fully noticed under requirements of law and agendized on the planning
commission calendar on the same day.
Any request disapproved by the planning commission shall not be resubmitted for a period of six
months unless the Planning and Zoning Commission shall determine that a new hearing is justiied
prior to the expiration of the six months waiting period.
An application for the same type of amendment shall not be received on the same property more
often than once in each twelve (12) month period unless the Planning and Zoning Commission shall
determine that a change of conditions justiies a new hearing prior to expiration of the twelve (12)
month period.
A fee schedule has been put in place by the City Council to recover costs associated with notice
publication, request processing, agenda, and related materials duplication and distribution; more-
over, the planning commission may require the applicant to post signs on the affected property, in
conformance with provisions of the ordinance, and to notify adjacent property owners, tenants, and
community residents of the nature of the applicant’s request.
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Article 13: Instruments and Documents of the Planning Commission
The oficial instruments of the planning commission are the record of notice, and agenda, and the
minutes of hearings and meetings. Where in special cases the planning commission wishes to pro-
vide advice to the legislative body or administrative agency, it may do so by resolution.
Any and all materials submitted to the planning commission regarding an item shall be entered into
public record by a motion to “Accept for the record”.
All notices, agendas, requests, agency or consultant letters or reports, citizen petitions, minutes of
hearings and meetings, and resolutions shall constitute the documents of the planning commission
and shall be indexed as a matter of public record.
Article 14: Administrative Calendar
Notice for all hearings and meetings shall conform to requirements of law.
Terms for two year appointments begin at the irst regular meeting of the Planning and Zoning
board in July.
The regular meetings of the Planning and Zoning board are normally scheduled on the fourth Tues-
day of each month. Additional meetings or hearings are scheduled as needed.
Copies of the agenda and any related documents shall be delivered to each planning commission
member no less than ive working days prior to a public hearing and regular meeting.
Article 15: Conduct of the Members of the Planning Commission
Members of the planning commission shall take such time as to prepare themselves for hearings
and meetings.
Any member of the planning commission absent from three consecutive regular meetings or any six
regular meetings within a calendar year, without being excused by the Chairperson, may be re-
moved for cause.
A planning commission member with a conlict of interest in an item before the commission must
state that a conlict of interest exists and withdraw from participation in the public hearing, working
session, emergency meeting, or regular meeting on that item.
The interests of that planning commission member may be represented before the planning com-
mission by a speciically designated representative or legal agent at the public hearing or working
session, and testimony entered into the public record.
Participation of a planning commission member with a conlict of interest is cause for removal.
Article 16: Conduct of Persons Before the Planning Commission
During all public hearings and working sessions, members of the public shall be given equitable
opportunity to speak. Comments should be addressed to the item before the planning commission.
Where a comment is irrelevant, inlammatory, or prejudicial, the chairperson may instruct the
planning commission to “disregard” the comment, which nevertheless may, at the discretion of the
board, remain in the public record.
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During all regular and emergency meetings of the planning commission, the public may be present
but shall remain silent unless speciically invited by the chairperson to provide comment.
During all planning commission proceedings, members of the public have the obligation to remain
in civil order. Any conduct which interferes with the equitable rights of another to provide comment
or which interferes with the proper execution of commission affairs may be ruled by the chairperson
as “out-of-order” and the offending person directed to remain silent. Once having been so directed,
if a person persists in disruptive conduct, the chairperson may entertain a motion to “eject” the per-
son from the planning commission hearing or meeting. Where the person fails to comply with the
successful motion to eject, the chairperson may then call upon civil authority to physically remove
the individual from the chamber for the duration of the hearing or deliberation on that item.
Article 17: Separability
Should any article of the planning commission by-laws be found to be illegal, the remaining articles
shall remain in effect.
Article 18: Adoption and Amendment of By-Laws
By-Law adoption or amendment shall be made following review by the legal counsel and public
hearing.
The by-laws shall be adopted or amended upon a vote of a majority of the members of the planning
commission.
Adoption or amendment of by-laws takes effect immediately following a successful vote.
Adopted: March 2001
Amended & Approved: December 2012
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ATTACHMENT E
Used with the permission of the City of San Gabriel, Mark Gallatin, March, 2013.
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ATTACHMENT F
PUBLIC SERVICE VALUES
From The Institute for Local Government web site: http://www.ca-ilg.org/sites/main/iles/ile-attachments/Basics_PersOr-
gEthic_WM.pdf. Site accessed June 5, 2013.
Public Service Values
How do core ethical values translate into action in public service? Here are examples of what values
mean in practice.
Trustworthiness
I remember that my role is irst and foremost to serve the community.
I am truthful with my colleagues, the public and others.
I avoid any actions that would cause the public to question whether my decisions are based on personal
interests instead of the public’s interests.
I do not accept gifts or other special considerations because of my public position.
I do not knowingly use false, inaccurate or biased information to support my position.
I do not use my public position for personal gain.
I carefully consider any promise I make and then keep it.
Fairness
I make decisions based on the merits of the issues.
I honor the law’s and the public’s expectation that agency policies will be applied consistently.
I support the public’s right to know and promote meaningful public involvement.
I support merit-based processes for the award of public employment and public contracts.
I am impartial and do not favor those who either have helped me or are in a position to do so.
I promote equality and treat all people equitably.
I excuse myself from participating in matters when my or my family’s inancial interests may be affected
by my agency’s actions.
I credit others’ contributions in moving our community’s interests forward.
I maintain consistent standards, but am sensitive to the need for compromise, creativity and improving
existing paradigms.
Responsibility
I work to improve the quality of life in the community and promote the best interests of the public.
I promote the eficient use of agency resources.
I do not use agency resources for personal or political beneit.
I represent the oficial positions of the agency to the best of my ability when authorized to do so.
I explicitly state that my personal opinions do not represent the agency’s position and do not allow the
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inference that they do.
I take responsibility for my own actions, even when it is uncomfortable to do so.
I do not use information that I acquire in my public capacity for personal advantage.
I do not promise that which I have reason to believe is unrealistic.
I disclose suspected instances of impropriety to the appropriate authorities, but I never make false
charges or charges for political or professional advantage.
I do not disclose conidential information without proper legal authorization.
I am proactive and innovative when setting goals and considering policies.
I consider the broader regional and statewide implications of the agency’s decisions and issues.
I promote intelligent innovation to move forward the agency’s policies and services.
Respect
I treat everyone with courtesy and respect, even when we disagree.
I focus on the merits in discussions, not personality traits or other issues that might distract me from
focusing on what is best for the community.
I gain value from diverse opinions and build consensus.
I follow through on commitments, keep others informed, and provide timely responses.
I am approachable and open-minded, and I convey this to others.
I listen carefully and ask questions that add value to discussions.
I involve all appropriate stakeholders in meetings affecting agency decisions.
I come to meetings and I come to them prepared.
I work to improve the quality of life in my community.
Compassion
I realize that some people are sometimes intimidated by the public process and try to make their inter-
actions as stress-free as possible.
I convey the agency’s care for and commitment to its community members.
I am attuned to, and care about, the needs and concerns of the public, oficials, and staff.
I recognize a responsibility to society’s less fortunate.
I consider appropriate exceptions to policies when there are unintended consequences or undue bur-
dens.
Loyalty
I safeguard conidential information.
I avoid employment, contracts and other inancial, political and personal interests that can conlict with
my public duties.
I prioritize competing issues based on objective beneits and burdens to the public interest, not to my-
self, my family, friends or business associates.
I don’t oppose inal decisions once they have been made by the decision makers, except through inter-
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nal lines of communication.
I put loyalty to the public’s interests above personal, professional and political loyalties.
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Item No. 9.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Review/Discuss/Action on the Tree Board Rules of Procedure.
SUMMARY:
Article 9.07 (Tree Preservation) of the City of Anna Code of Ordinances designates the
Planning & Zoning Commission as the City's Tree Board until such time that the City
Council appoints a separate tree board.
9.07.002Administration.
Provisions of [Article 9.07] shall be administered by the landscape administrator or
designee.
1) Tree removal permit applications.The landscape administrator shall grant a tree
removal permit provided the requirements of this article are met.
2) Grievances.An applicant aggrieved by a decision of the landscape administrator may
appeal the decision to the board of adjustment for an interpretation.
3) Waivers.An application for a waiver to the terms of the tree preservation section may
be made. The application for a waiver shall be reviewed by the tree board, and a
recommendation for approval or denial shall be forwarded to the city council. The
decision of the city council shall be final. No public hearing shall be required. The tree
board and city council shall consider the following factors in determining whether a
waiver should be granted:
A) The literal enforcement cannot be accomplished;
B) The extent to which the application meets other standards of this article;
C) The positive and negative impact of the proposed project on surrounding
properties; and
D) The extent to which the waiver would be mitigated by other proposed or existing
landscaping.
4) Nonsubstantive changes.The landscape administrator shall be authorized to work
with owners, developers, and builders to make nonsubstantive changes, within the
scope of this article, to plans, permits and other requirements after approval by staff,
city council or the tree board, as appropriate. These changes are intended to provide
the greatest reasonable protection toward achieving the purposes of this article.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
This is an opportunity if the Commission would like to discuss the rules of procedure or
any questions you might have regarding the Tree Board.
The Tree Board may use the same Chair and Vice-Chair as the Planning & Zoning
Commission.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
Item No. 10.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Approve Minutes of the June 3, 2024, Planning & Zoning Commission Meeting
SUMMARY:
Minutes from the previous Planning & Zoning Commission meeting for your approval.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. 06-03-2024 PZ Minutes
MINUTES
PLANNING AND ZONING COMMISSION
June 3, 2024
The Planning and Zoning Commission of the City of Anna held a meeting at 6:00 p.m. on June 3, 2024, at the
Municipal Complex located at 120 W. 7th Street, to consider the following items.
1. Call to Order and Establishment of Quorum
The meeting was called to order at 6:00 p.m.
Commissioners present were Kelly Patterson-Herndon, Jessica Walden, Matt Blanscet, Staci Martin,
Douglas Hermann, Josh Vollmer. Commissioner Nylec was absent. Staff present were Lauren Mecke,
Everett Johnson, and Assistant City Manager, Greg Peters. Also in attendance was Mayor Pete Cain.
2. Invocation and Pledge of Allegiance
Commissioner Blanscet gave the invocation and led the Pledge of Allegiance.
3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding
an item on this meeting agenda that is not scheduled for a public hearing. Also, at this time any person
may address the Commission regarding an item that is not on this meeting agenda. Each person will be
allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items
not listed on this 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. Location Map
Consent Items
A motion was made by Commissioner Martin, seconded by Commissioner Walden to recommend approval
of consent items # 5-10. The vote was 5 yes and 1 abstain. Motion Passed.
5. Approve Minutes of the April 1, 2024 & May 6, 2024, Planning & Zoning Commission Meeting.
6. Approve a Resolution regarding the Anna Ranch, Phase 3, Site Plan
7. Approve a Resolution regarding the Anna Storage Addition, Block A, Lot 1R & 2, Replat. Applicant: A-
Affordable Boat, RV & Mini Storage – Anna LLC
8. Approve a Resolution regarding the Anna Town Square Addition, Block A, Lot 2R, Final Plat. Applicant:
Grand at Anna II Owner. LLC
9. Approve a Resolution regarding the Pine Woods Estates, Preliminary Plat. Applicant: Stephen Linville
10. Approve a Resolution regarding the Hurricane Creek Townhomes, Revised Preliminary Plat. Applicant:
Travis Biber
Items for Individual Consideration
11. Consider/Discuss/Action regarding the Family Time Away Place, Final Plat. Applicant: Family Time Away,
LLC
Ms. Mecke introduced the item as a replat for an existing property located in the Extraterritorial Jurisdiction
also known as the ETJ. The property as it currently exists today is not in conformance due to no frontage
on a public or private street. The existing property and ten properties surrounding it all share a fire lane
easement, road easement, and utility easement. The applicant is requesting a waiver from the subdivision
regulations as part of the replat.
A motion was made by Commissioner Blanscet, seconded by Commissioner Martin to recommend
approval of item # 11. The vote was unanimous.
12. Conduct a Public Hearing/Consider/Discuss/Action on a request to amend the Future Land Use
Designation Place Type in the Future Land Use Plan of the Anna 2050 Comprehensive Plan, annex and
zone 2.5± acres and rezone 20.5± acres located on North Powell Parkway from SF-E Single Family
Residential-Large Lot to Multi-Family (MF) & Regional Commercial (C-2). Applicant: Anna Pkwy
Development LLC
The Public Hearing was opened at 6:05 P.M.
Ms. Mecke introduced the item. This property is located on North Powell Parkway and future West Crossing
Boulevard North, just south of the current Public Works Building. The applicant is proposing to have a
multifamily and commercial development. The current Comprehensive Plan, Future Land Use Plan
identifies the property as Ranching & Agriculture and Community Commercial. The preferred scenario
diagram calls for Estate Residential and Community Commercial, therefore, the applicant is proposing to
change the Future Land Use Plan for Regional Activity Center. As you can see, on future West Crossing
Boulevard North is where the multifamily would face and then the commercial would be along North Powell
Parkway. The zoning request is to rezone from the current zoning of SF-E to Multifamily and C-2 without
any stipulations or changing any of the regulations. If the recommendation for the Comprehensive Plan is
approved, it is in conformance with that. No letters of opposition have been received and the Planning and
Zoning Commission can either make one motion or two motions, but I need a recommendation both for the
comprehensive plan and for the zoning.
David Kalhoefer of Westwood Professional Services addressed the commissioners, the request brought
before you, we feel like is complementary to the area and agree with staff comments.
There were no speaker cards
The Public Hearing was closed at 6:07 P.M.
A motion was made by Commissioner Martin, seconded by Commissioner Blanscet to recommend
approval of item # 12 to include the Comprehensive Plan and the Rezoning. The vote was unanimous.
13. Consider/Discuss/Action regarding the Anna 23, Concept Plan. Applicant: Anna Pkwy Development LLC
This item is contingent on Item number 12.
A motion was made by Chairwoman Kelly Patterson-Herndon, seconded by Commissioner Walden to
recommend approval of item # 13. The vote was unanimous
14. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone 28± acres from SF-E Single
Family Residential – Large Lot to Regional Commercial (C-2) Located at the southeast corner of Rosamond
Parkway and U.S. Highway 75. Applicant: MJLA Adams LTD & Anna 18
The Public Hearing opened at 6:11 P.M.
Ms. Mecke introduced the item; the property was originally annexed into the city without an associated
zoning case. A future developer is requesting to rezone it to C-2 Regional Commercial. The Comprehensive
Plan identifies this area as Regional Activity Center. The zoning request is in conformance with the
Comprehensive Plan, and the Planning and Zoning Commission shall make a recommendation to approve,
deny or approve with conditions, we did receive one letter from one of the current property owners in favor.
Robert Lewis a Civil Engineer with Kimley-Horn addressed the Commissioners to inform them he was there
if there were any questions.
There were no questions and no speaker cards.
The Public Hearing was closed at 6:13 P.M.
A motion was made by Commissioner Walden, seconded by Commissioner Martin to recommend approval
of item # 14. The vote was unanimous
15. Conduct a Public Hearing/Consider/Discuss/Action on a request to amend an existing Planned
Development (Ord. No. 797-2018) on 5± acres located at the northwest corner of Rosamond Parkway and
N. Powell Parkway to allow a self-storage (mini warehouse) and child-care center/nursery school,
kindergarten by right. Applicant: Britton Church, Rosamond Powell Investment, LLC
The Public Hearing Opened at 6:14 P.M.
Ms. Mecke introduced the item, this is a request to amend an existing plan development, it is only a portion
of the property and not the entire tract. In 2018, when the original plan development was established, there
was not a concept plan associated with commercial development. It essentially said that there needs to be
a certain amount of commercial preserved on this corner. This corner is a major corner in Anna with
Rosamond and Highway 5, therefore commercial should be here. Over the years it has been very difficult
to develop and in my four and half years I have seen multiple proposals but there used to be restrictions
on alcohol sales so a gas station, most restaurants, and retail stores that sold alcohol couldn’t be located
here because it’s right next to the middle school property. What the applicant is requesting is a portion of
the track that is behind other commercial businesses to allow for self-storage, (Mini warehouse), childcare
center, nursery school, kindergarten. In the PD Language it was very specific that it must use the uses from
back in 2018 with no variance to this even if Ordinances were amended which has caused some confusion
when talking to potential developers of the site. A day care would require a specific use permit and opening
the Planned Development to allow this use by right is essentially the same process if you are to vote in
favor. I also recommend taking into consideration possibly amending for indoor commercial amusement
and hotel use. Back in 2012 we had a similar case where a self-storage facility was going in next to a
single-family residence and due to that case, the zoning ordinance was amended to change hotel/motel to
specific use permit. One other item is that in our new C-1 Zoning District the building size restriction is
15,000 SQFT so if you find that a self-storage facility is an appropriate land use, we will need to allow for
a larger building than 15,000 SQFT.
No letters were received in opposition.
Chairwoman Kelly Patterson-Herndon asked for specific purposes, what building in comparison would be
15,000 Square Foot.
Ms. Mecke replied that she had pulled up another storage facility just for comparison, they have three
buildings on their site, one is over 100,000 Square Foot, one is 25,000 Square Foot, and the other is just
under 5,000 Square Foot. So, the Victoria Falls Strip Center is Close but may be slightly larger than 15,000
Square Foot.
Commissioner Hermann stated that the strip centers that are at the corner of FM 455 around Willow Creek
and Nando’s Tex Mex are about 10 to 15,000 FT.
Chairwoman Kelly Patterson-Herndon mentioned just wanting everyone to understand the perspective of
15,000 Square Feet and what it would look like footprint wise.
Commissioner Blanscet said that Ms. Mecke only mentioned this as part of the property, is that correct?
Ms. Mecke replied that is correct as you can see on the locator map as well as on their concept plan, it
would only allow uses for the self-storage and daycare facility on this part of the tract so the applicant would
not be allowed to have a daycare facility or a storage on the frontage of the Rosamond or North Powell
Parkway.
Commissioner Blanscet asked for clarification if the outside of the tract is going to be businesses or just
the two tracts on the inside.
Ms. Mecke Responded that the concept plan is showing retail along Rosamond, a car wash, gas station,
several restaurants and more retail.
Commissioner Blanscet asked how tall the maximum height is?
Ms. Mecke replied that in the C-1 District the maximum building height is 35 FT.
Commissioner Vollmer asked for perspective how tall the self-storage on 455 in front of Avery Pointe is?
Ms. Mecke responded that she couldn’t tell him the exact height, but it is under 35 FT.
Commissioner Vollmer asked if this would be like the one that was approved behind Lowe’s in terms of
looks around houses.
Ms. Mecke mentioned that one of the things that was changed in the zoning ordinance was the setback to
single family for certain building heights. With this property you will have a detention area between the self-
storage and the single family as well as the daycare.
Commissioner Walden asked if Ms. Mecke could go back to the slide where it had indoor commercial
amusement listed.
Ms. Mecke stated that these are uses that she recommends looking at. If a self-storage doesn’t work out
or if a daycare doesn’t work out possibly a commercial amusement makes sense here.
Commissioner Walden asked, if we approve the daycare and the storage, we could also approve this use.
Commissioner Hermann asked if there was a recommendation on what to change the building height to?
Ms. Mecke replied that the applicant did not specify.
Commissioner Hermann stated that the Commissioners want to make sure that whatever footprint they
allow it will still fit within our parking code.
The Applicant was not present to address the Commissioners.
There were no speaker cards.
The Public Hearing was closed at 6:24 P.M.
Commissioner Vollmer asked if the item should be tabled until the applicant is able to address the
questions.
A motion was made by Chairwoman Kelly Patterson-Herndon, seconded by Commissioner Walden to table
until July 1st Planning & Zoning Commission Meeting. The vote was unanimous.
16. Consider/Discuss/Action regarding the Shadowbend Commercial, Concept Plan. Applicant: Britton Church,
Rosamond Powell Investment, LLC
This item is contingent on item 15.
A motion was made by Chairwoman Kelly Patterson-Herndon, seconded by Commissioner Martin to table
until July 1st Planning & Zoning Commission Meeting. The vote was unanimous.
17. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone 0.22± acres located at the
southwest corner of W. 4TH Street & S.Powell Parkway from Local Commercial (C-1) District within the
Thoroughfare (THOR) Overlay District to Downtown Core (DT/CE). Applicant: Meltex, Inc.
The Public Hearing opened at 6:28 P.M.
Ms. Mecke introduced the item. The property is located on the next corner from the Municipal Complex and
part of the reason why I wanted to highlight the Thor Overlay District is because if you read the Thor Overlay
District, it requires a 50-foot building setback and only excludes the Downtown Zoning, not the downtown
area but the downtown zoning. With that said, right now if someone were to come in and demolish the
existing building on the property, they would not be able to do anything with it because there is also a 15-
foot easement on the backside of the property. The applicant is also proposing to combine the two lots into
one and therefore the downtown zoning district makes the most sense. The current Future Land Use Plan
identifies it as Downtown, which means to refer to the Downtown Master Plan and it identifies this property
as retail centers. The C-1 District, although currently in conformance, it would make the most sense to
rezone to Downtown Zoning District.
No letters were received in opposition
The applicant was present for any questions the commissioners may have had.
The Public Hearing was closed at 6:30 P.M.
A motion was made by Commissioner Hermann, seconded by Commissioner Vollmer to Approve item #
17. The vote was unanimous.
18. Consider/Discuss/Action regarding the A.L. Geer Addition, Block A, Lot 1R, Replat. Applicant: Meltex, Inc.
This item is contingent on item number 17.
A motion was made by Chairwoman Kelly Patterson-Herndon, seconded by Commissioner Walden to
approve item # 18. The vote was unanimous.
19. Work Program
Ms. Mecke introduced the item. Agenda item number 19 is for the Planning and Zoning Commission and
Council Liaison to give staff some feedback essentially and for staff to communicate what is going on with
our workload. Obviously over the last five months it has been challenging to lose both a director and
planner. With our new director starting on Monday, I will have more time to focus on rezoning and fixing
any challenges that we have with the current Zoning Ordinance.
Commissioner Vollmer mentioned it would be nice to see a map of where the multifamily zones are just to
give a quick idea of how many areas and where they are.
Ms. Mecke responded that this is a map that she and the GIS Manager work together on and that it is an
active map and that she would be happy to share that at the next meeting.
Commissioner Martin asked if this was just for the Multifamily?
Commissioner Vollmer stated this was what his request is.
Chairwoman Kelly Patterson-Herndon asked if this could be included every time a multifamily case came
to Planning & Zoning.
Ms. Mecke responded that the annual review of the rules and regulations of P&Z states, if this were
something they would like to add it can be added.
Ms. Mecke stated she wanted to highlight some of the things that she has put on there currently are things
we have found in the new zoning ordinance that have been challenging to work with, rezoning downtown
is a big project that I was supposed to have been working on, unfortunately, other things have got in the
way and we have had a lot of zoning cases in the last five months.
The state law changed last year in September for zoning. If an existing land use is on a property and the
property is rezoned to a district that the land use is no longer allowed, we are required to provide a special
letter to all property owners. So, I wouldn’t want to rezone all downtown and then suddenly, all these land
uses be non-conforming, because that’s a lot of letters to send out.
Commissioner Walden asked if the Commissioners could receive the packets before Friday after five.
Ms. Mecke stated that prior to losing the director and a planner the packets were sent out on Wednesday
and hopefully we will get back on track soon.
Ms. Mecke mentioned that there have been so many zoning cases lately no less than two per meeting
when compared to 2019 to 2020 when there was maybe one case every other meeting.
Commissioner Vollmer addressed Mayor Pete Cain and asked if when he gets settled in and a new council
is settled if they could meet as a group to go over the Comprehensive Plan, some of the developments
coming in and look at it to see if everybody’s in alignment or conforming.
Commissioner Walden asked if staff had a plan that shows all the current construction going on? Not just
the multifamily but all projects. Because some commissioners are new so some of the zoning cases that a
few of us have seen multiple times, some of us haven’t, so it would be good to see what had been up
before.
Ms. Mecke mentioned the EDC map but due to the amount of development happening, the once-a-year
update just isn’t enough.
Adjourn
A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Blanscet, to adjourn
the meeting. The vote was unanimous. The meeting was adjourned at 6:38 p.m.
ATTEST:
Lauren Mecke, Planning Manager
Item No. 11.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Approve a Resolution regarding the Parmore – Anna, Block A, Lot 1, Final Plat.
Applicant: Anna Town Center Mixed Use, LLC
SUMMARY:
Multiple-family residences on one lot on 9.9± acres located at the northeast corner of
Finley Boulevard and Florence Way. Zoned: Planned Development (Ord. No. 942-
2021).
The purpose of the Final Plat is to dedicate right-of-way, lot and block boundaries, and
easements necessary for the multi-family dwelling development.
The Final Plat was originally approved by City Council in September 2021 and expired
in 2023. It was recommended that the applicant wait until the Engineering Division
inspects the public improvements before submitting the final plat for approval again. In
the recently amended Subdivision Regulations, Final Plat approval is valid for six
months. The Final Plat must be approved and filed with the County Clerk's Office before
receiving a Certificate of Occupancy from the Building Official.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The Final Plat is in conformance with the adopted Planned Development standards and
city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or
alterations to the engineering plans as required by the City Engineer.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Parmore-Anna, Block A, Lot 1 Final Plat Locator Map
2. RESOLUTION
3. Exhibit A - Parmore
4. Application
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2024 H:\Notification Maps\Notification Maps\Final Plat -
CITY OF ANNA, TEXAS
PZ RESOLUTION NO. __2024-07- 0074__________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING PARMORE-ANNA, BLOCK
A, LOT 1, FINAL PLAT.
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 has adopted Article
9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of
Ordinances; and
WHEREAS, Anna Town Center Mixed Use, LLC has submitted an application for the approval
of Parmore- Anna Block A, Lot 1, Final Plat; and
WHEREAS, the Final Plat conforms to the city’s Subdivision Regulations and Zoning
Ordinance; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION
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 Planning & Zoning Commission hereby approves Parmore- Anna Block A, Lot 1, Final Plat
attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as
required by the City Engineer.
PASSED AND APPROVED by the Planning & Zoning Commission of the City of Anna, Texas,
on this 1st day of July, 2024.
ATTEST: APPROVED:
Director of Development Services, Planning & Zoning Commission, Chair
Stephanie Scott- Sims, AICP _______________________________
S2°29'17"W6.38'N88°
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Item No. 12.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Everett Johnson
AGENDA ITEM:
Approve a Resolution regarding the Anna Retail Addition, Block A, Lot 8, Site Plan.
Applicant: David Claassen- Anna 31 Retail LP
SUMMARY:
Multi-family on one lot on 13± acres located on the west side of S. Buddy Hayes
Boulevard, 755± feet south of W. White Street. Zoned Planned Development (Ord. No.
972-2022).
The purpose of the site plan is to show the proposed multi-family dwelling development
and related site improvements.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The Site Plan is in conformance with the adopted Planned Development standards and
city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or
alterations to the engineering plans as required by the City Engineer.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Anna Retail Addition, Block A, Lot 8 Site Plan Locator Map
2. Anna Retail Resolution
3. Exhibit A - Meryl Street SP
4. Application
PARKVIEW DR
US HIGHWAY 75S B U D D Y H A Y E S
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WHITE ST PERS IM M O
N D RMaxar, Microsoft, Copyright
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City
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600150 Feet
June 2024 H:\Notification Maps\
Notification Maps\Site Plan - Anna Retail Addition, Block A,
CITY OF ANNA, TEXAS
PZ RESOLUTION NO. __2024-07-0071_____________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RETAIL ADDITION,
BLOCK A, LOT 8, SITE PLAN.
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 has adopted Article
9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of
Ordinances; and
WHEREAS, David Claassen-Anna 31 Retail LP has submitted an application for the approval
of Anna Retail Addition, Block A, Lot 8, Preliminary Site Plan; and
WHEREAS, the Site Plan conforms to the city’s Subdivision Regulations and Zoning
Ordinance; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION
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 Planning & Zoning Commission hereby approves Anna Retail Addition, Block A, Lot 8, Site
Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering
plans as required by the City Engineer.
PASSED AND APPROVED by the Planning & Zoning Commission of the City of Anna, Texas,
on this 1st day of July, 2024.
ATTEST: APPROVED:
Director of Development Services, Planning & Zoning Commission, Chair
Stephanie Scott-Sims, AICP ______________________________
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C-004 Project No.Sheet No.Issue
Dates:Revision & Date:1 2 3 4 5 6 Drawn
By:Checked By:Scale:
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23036 -
MERYL
STREET23036 1720 W.
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75069 972.562.4409 Texas P.E.
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MERYL STREET MULTI-
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ADDITION LOT 8,
BLOCK A 12.
882
Item No. 13.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Everett Johnson
AGENDA ITEM:
Approve a Resolution regarding the Westfield Addition, Block A, Lot 1 & 2, Replat.
Applicant : Windmill Self Storage, LP
SUMMARY:
Car Wash and Shopping Center on two lots on 2± acres located at the southeast corner
of Westfield Drive and W. White Street. Zoned Local Commercial (C-1) and Planned
Development (Ord. No. 539-2011).
The purpose of this Replat is to revise the common lot line of lots 1 & 2, Block A,
Westfield addition.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The Replat is in conformance with the city’s Subdivision Regulations.
Recommend approval subject to additions and/or alterations to the engineering plans as
required by the City Engineer and the on-site sewage facility review by Collin County
Development Services.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Westfield Addition, Block A, Lots 1 & 2 Replat Locator Map
2. Westfield addition
3. Exhibit A - westfield
4. Application
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Microsoft,
Copyright
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Subject
Property CityLimits
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Notification Maps\Notification Maps\Replat - Westfield Addition, Block
CITY OF ANNA, TEXAS
PZ RESOLUTION NO. __2024-07-0073_____________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WESTFIELD ADDITION,
BLOCK A, LOT 1 & 2, REPLAT
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 has adopted Article
9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of
Ordinances; and
WHEREAS, a plat for the subject property was previously recorded with the Collin County
Clerk’s Office; and
WHEREAS, Windmill Self Storage, LP has submitted an application for the approval of the
Westfield Addition, Block A, Lot 1 & 2, Replat; and
WHEREAS, the Replat conforms to the city’s Subdivision Regulations and Zoning Ordinance;
and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION
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 Replat
The Planning & Zoning Commission hereby approves Westfield Addition, Block A, Lot 1 & 2,
Replat attached hereto as Exhibit A subject to additions and/or alterations to the engineering
plans as required by the City Engineer.
PASSED AND APPROVED by the Planning & Zoning Commission of the City of Anna, Texas,
on this 1st day of July 2024.
ATTEST: APPROVED:
Director of Development Services, Planning & Zoning Commission, Chair
Stephanie Scott- Sims, AICP ______________________________
Item No. 14.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Approve a Resolution regarding the Rosamond Crossing, Block A, Lots 1-11,
Preliminary Site Plan. Applicant: MJLA Adams LTD, Anna 18 LLC
SUMMARY:
Shopping Centers on two lots, Grocery store with fuel pumps on two lots, six C-2 lots,
and one detention lot on 29.74± acres located on the southeast corner of Rosamond
Parkway and U.S. Highway 75. The Planning & Zoning Commission recommended
approval of rezoning from SF-E Single-Family – Large Lot to Regional Commercial (C-
2) at the June 3, 2024, meeting; Public Hearing scheduled for June 25, 2024, Council
meeting.
The purpose of the Preliminary Site Plan is to propose site improvements for the future
construction of the regional commercial development.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The Preliminary Site Plan is in conformance with the adopted Planned Development
standards and city’s Subdivision Regulations and Zoning Ordinances and is subject to
additions and/or alterations to the engineering plans as required by the City Engineer.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Rosamond Crossing, Block A, Lots 1-11 Preliminary Site Plan Locator Map
2. Exhibit A - (PSP) Rosamond Crossing
3. 20240626 - Rosamond Crossing Lots 2-4 Waiver Letter
4. application - rosamond xing
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CALLED 0.076 ACRE
CITY OF ANNA,
TEXAS INST. NO. 2023000066100 O.P.
R.C.C.T.
CALLED 1.790
ACRES STATE OF
TEXAS INST. NO. 20150213000160620 O.P.
R.C.C.T.
CALLED 17.863
ACRES ANNA 18,
LLC INST. NO. 20161020001423440 O.P.
R.C.C.T.
REMAINING PORTION OF A
CALLED 64.50
ACRES QJR PARTNERSHIP, LTD.
VOL. 5106, PG. 2380 O.P.
R.C.C.T.
REMAINING PORTION OF A
CALLED 26.79
ACRES MJLA ADAMS,
LTD.INST.NO. 20110505000462590 O.P.
R.C.
C.T.ROSAMOND PARKWAY
BUDDY HAYES BOULEVARDU.
S. HIGHWAY 75CALLED
61.905 ACRES BLOOMFIELD HOMES, LP
INST. NO. 20211220002555410
O.P.
R.C.C.
T.PROPOSED 1-STORY
COMMERCIAL
BUILDING 123,000
SF BUILDING
HEIGHT: 35 FTR3
0'PROPOSED 1-
STORY
RETAIL
BUILDING
8,
890
SF BUILDING HEIGHT:
35FT
R3
0'
R30'
R 3 0
R30'
R
3
0 '
R2
0'
R
30'
R200'
FH
FH
FH FH
FH
FH
FH
FH
FH
FH
FH FH
FH FH
FH
FH
FH
FH MH MH MHMH
MH MH
MHMH MH
MH MH
MH MH MH 1+00 2+00 3+00 4+00 5+
00 6+
00 7+
00 8+
00
9+00
10+00 11+
00
12+
00
13+
00
14+
00
15+0
0 15+3
9 1+002+003+
004+005+
006+007+008+
009+0010+0011+0012+
0013+00R40'
R3 0'CI
HW HW HW HW
LOT 2
1.19 ACRES
51,654 SQ. FT.
LOT 3
0.97 ACRES
42,440 SQ. FT.
LOT 4
1.10 ACRES
47,745 SQ. FT.
LOT 5
1.33 ACRES
57,961 SQ. FT.
LOT 6
1.49 ACRES
64,874 SQ. FT.
LOT 7
1.59 ACRES
69,178 SQ. FT.
LOT 8
1.62 ACRES
70,596 SQ. FT.
LOT 9 1.
63 ACRES 71,
194 SQ. FT.
LOT 10 2.
12 ACRES 92,
508 SQ. FT.LOT 1
12.13 ACRES
528,300 SQ.
FT.N: 7185179.
48 E: 2554410.
57 N: 7185266.
80 E: 2555427.
15 N: 7184242.
24 E: 2555449.
90N: 7184221.99
E: 2554125.31
N: 7185260.98
E: 2554879.57
N: 7185121.96
E: 2554353.43
N: 7184942.06
E: 2554329.38
N: 7184898.94
E: 2554323.61
N: 7184758.11
E: 2554273.94
N: 7184369.03
E: 2554136.73
N: 7184256.15
E: 2554135.02
N: 7184225.72
E: 2554369.33
N: 7184229.77
E: 2554634.55
N: 7184893.52
E: 2555432.10
N: 7185265.75
E:
2555181.33 N:
7185256.
04 E:
2554805.
84
N: 7185222.34
E: 2554618.43
N: 7185202.38
E: 2554618.63 N: 7185202.
03 E: 2554615.
47 CI CI CI CI CI
R 2 0'CI CI S1°
07'28"E254.30'N1°07'
28"W374.78'=22°31'43"
R=185.00'L=72.74'CB=S10°08'23"W C=72.27'S1°07'28"E377.04'N88°52'32"E 291.
14'N88°52'32"
E 265.
25'N88°52'
32"E 265.
25'N88°52'
32"E 265.25'N88°
52'32"E
245.
62'
N88°
52'
32"
E
213.
21'
N88°
52'
32"
E
162.
39'
N88°
52'
32"
E
191.
39'
S1°
07'
28"
E70.
18'
S1°07'28"
E112.65'
N88°52'32"
E 84.92'S1°
07'28"E180.00'S1°
07'28"
E160.00'S1°
07'
28"E194.16'=
22°31'
43"R=185.00'
L=72.74'
CB=S10°
08'23"W
C=72.27'
R170'R
3 0 730740750722724724724726728732734736738742744746748752754 730 7 4 0
7507267267287287
3
2
7
3
4 73 6
7
3 8
7427447467 4
8
7 5
2
PROPOSED 1-STORY
RETAIL BUILDING 11,
385 SF
BUILDING
HEIGHT: 35
FT
EX CI EX
CIEX CI EX
CI ZONING: NOT
CURRENTLY
ZONED ZONING: PD -
ORDINANCE 839-2019
ZONING: SF-
E(
AG)
ZONING:
PD - ORDINANCE
537-
2011 ZONING:
PD - C -
ORDINANCE 881-2020
EX CI S89°
09'58"W 278.61'
PROP.
BFR
PROP.
BFR PROP.
BFR R
3 0 '
EXISTING GAS
LINE 25'
BUILDING SETBACK
20' LANDSCAPE
BUFFER 25'
BUILDING SETBACK
20' LANDSCAPE
BUFFER 20'
BUILDING SETBACK
10' LANDSCAPE
BUFFER PROPOSED
ROW LINE
PROPOSED
ROW TO BE
DEDICATED BY
OTHERS 15'
LANDSCAPE BUFFER 25'
BUILDING SETBACK EXISTING
ONCOR TRANSMISSION
TOWER PROPOSED
DECEL
LANE PROPOSED
DECEL LANE
TRASH
COMPACTOR
40'
DRAINAGE
EASEMENT
INST.
NO.
2023000069716
D.
R.
C.
C.
T
EXISTING
STORM
SEWER
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE
5'
WE 5' WE
DRIVE-
THROUGH LANES
CONNECT
PROP
ASPHALT
CONNECTION
TO
EXISTING
ASPHALT
END
CONCRETE SECTION.
BEGINASPHALT
TRANSITION
BUDDY
HAYES
BOULEVARD
CL ROSAMOND
PARKWAY CL
R
5
0'
5'
24'
20'
20'
24'20'
20'
24'
20'
20'24'
20'
20'24'
20'20'24'
20'20'24'
20'20'24'
20'20'24'
20'24'
20'24'
20'30'30'
457'
20'10'TYP.
10'
TYP.
10'
TYP.
10'
TYP.
10'
TYP.10'TYP.
10'TYP.
10'
TYP.10'TYP.10'TYP.
10'TYP.
10'TYP.
10'
TYP.
10'
TYP.
10'
TYP.
10'
TYP.
10'
TYP.20'
10'TYP.
20'
50'
GAS EASEMENT24'
26'20'
26'20'20'
20'38'30'30'
30'
30'30'
30'10'
TYP.VARIABLE WIDTH ROW
281'163'
127'70'242'
3057
30'20'
5'
24'70'10'
TYP.10'TYP.
28'19'
30'44'80' ROW
80'
ROW24'
7'
30'2
4 24'
6'8'
8'HW 5'
WE 5' WE CI
CI CI GI
GI GI GI
CI CI
GI CI
PROPOSED AREA
DRAIN PROPOSED AREA
DRAIN N:
7185268.59
E: 2555357.13
N: 7185240.42
E: 2555387.66 5'
WE
26'
5' WE TxDOT
TYPE
III
BARRICADE
TxDOT
TYPE
III
BARRICADE
10'
TYP.R170'
R3
0'R30'
10'
TYP.20'
313'
STORAGE LENGTH
MEDIAN
OPENING 65'
100'
TAPER LENGTH154'
STORAGE
LENGTH EXISTING
FACE
OF CURB
R30'
R 18
0'R150'
R
30'
R
2 0
5'
WE
5' SSE30'
30'30'
6'
CONNECT TO
EXISTING SIDEWALK
END
CONCRETE
SECTION.BEGIN
24'
WIDE ASPHALT
TRANSITION
EX
CI 109' TRANSITION LENGTHEX CI
25'X25'
CORNER CLIP EXISTING
SIDEWALK 100' TAPER
LENGTH
R40'N1°
07'28"
W587.94'N1°
07'28"W76.
97'S1°
07'28"
E195.31'S1°
07'28"E160.00'
S1°
07'28"E180.
00'EXISTING ASPHALT PAVEMENT
PROPOSED 1-STORY FUEL
PUMP KIOSK 175 SF
BUILDINGHEIGHT:
20 FTCI
EXISTING
MEDIANOPENING
TO
BE CLOSED
LOT 11 2.18
ACRES
95,
166 SQ. FT.10'
FOOT MASONRY
SCREENING
WALL
TO MATCHBUILDING
PROPOSED
WETDETENTION
POND
0.79
ACRESPROPOSED
WETDETENTION
POND
0.30 ACRES PROPOSED
DRY DETENTION
POND ±0.
28
ACRES R 3 0'12'
12'131'' LOADING SPACES12'
R 20'R30 'R3 0'
30'22'30'R 30'R
2 0'R200'
PROPOSED 6' SIDEWALK PROPOSED 8'
SIDEWALK PROPOSED 8' SIDEWALK
PROPOSED 8' SIDEWALK
PROPOSED 8' SIDEWALK
PROPOSED 8' SIDEWALK
PROPOSED 8' SIDEWALK
HW EX HW EXISTING
HEADWALL TO BE REMOVED
HW HW PROPOSED
8' SIDEWALK HW
HW 15' DE
EX HW EXISTING HEADWALL
TO BE
REMOVED HWHW
15'
DE
70'PROPOSED 6' SIDEWALK
10'TYP.
6' x
6'
BULK
WASTE MASONRY
This document,
together withtheconceptsanddesignspresented
herein, as an instrument of service,
is intended only
for the specific purpose and
client for which it
was prepared. Reuse
of and improper
reliance on this
document without written
authorization and adaptation by
Kimley-Horn and Associates,
Inc. shall be
without liability to
Kimley-Horn and
Associates, Inc.BYDATEAS SHOWNREVISIONSNo.
kimley-horn.com 2600 N. Central Expressway, Suite 400, Richardson, Texas 75082 214 617 0535
June 26th, 2024
Lauren Mecke
City of Anna
120 E. 7th St, Ste. #142
Anna, TX 75409
Dear Ms. Mecke
The Owner of this property is requesting a waiver of City of Anna Ordinance No. 9.02.087(b):
Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated,
improved public street, unless platted as an approved private street subdivision in accordance with
these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property
line of a dedicated, improved street unless other provisions have been authorized under article 9.04
or an approved planned development district.”
Lots 2, 3, and 4 will have access to U.S. Highway 75 Frontage Road, Rosamond Parkway, and
Buddy Hayes Parkway with 24’ - 30’ fire lanes.
Regards,
Rob Lewis, P.E.
KIMLEY-HORN AND ASSOCIATES, INC.
ANNA 18 LLC
McKINNEY
2705 CLUBLAKE TRAIL
75072
X
17.86
1
972-924-3616
Item No. 15.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Continue the Public Hearing/Consider/Discuss/Action on a request to amend an existing
Planned Development (Ord. No. 797-2018) on 5± acres located at the northwest corner
of Rosamond Parkway and N. Powell Parkway to allow a self-storage (mini-warehouse)
and child-care center/nursery school, kindergarten by right. Applicant: Britton Church,
Rosamond Powell Investment, LLC
SUMMARY:
The Planning & Zoning Commission voted to table this item at the June 3, 2024
meeting.
At its meeting on December 11, 2018, the City Council approved the rezoning of the
property to Planned Development with a base zoning of Local Commercial (C-1) (Ord.
No. 797-2018). The Planned Development ordinance established the allowed uses on
the property. The request is to amend the allowable uses on the property.
Item #16 on this agenda is the concept plan associated with this request, Shadowbend
Commercial, Block A, Lots 1-14 (Exhibit A).
REMARKS:
The Planned Development ordinance provides that permitted uses on the property are
those as allowed within the C-1 district “of the current Zoning Ordinance at the time of
adoption of this ordinance.” The Planned Development ordinance specifies other uses
permitted by right and by specific use permit (SUP).
The use chart in the Planned Development ordinance for the property is below. Uses
followed by an “(S)” require a SUP.
Residential uses
Bed-and-breakfast facility
Boarding or rooming house
Residence hotel
Retirement housing (S)
Servant’s, caretaker’s or
guard’s res. (S)
Educational,
institutional, and • Child-care center (S) • Registered family home
special uses • Church, rectory, place of
worship
Civic Center (S)
Community Center, public
Community Center, private
Continuing care facility
Fraternal organization, lodge,
or civic club (S)
Health club, gymnasium
Library
Museum or art gallery
Nursery school, kindergarten
S)
Park, playground, or rec.
center (public)
Park, playground, or rec.
center (private) (S)
S)
Rest home or nursing
home (S)
School, private (primary
and/or secondary)
School, public (primary
and/or secondary)
School, trade or
commercial (S)
Stadium or playfield,
public
Swimming pool,
commercial (S)
Swimming pool, private
S)
Transportation,
utility, and
communication
uses
Electrical substation
Gas metering station (S)
Service yards of
government agency (S)
Telephone exchange
Automobile and
related service
uses
Auto parts sales (inside)
Auto repair, minor
Automobile service station
Car wash
Motorcycle sales and service
S)
Parking lot of parking
garage, automobile
Quick oil change facility
Quick tune-up facility
Tire dealer (no outside
storage)
Office, retail,
commercial, and
service type uses
Amusement, commercial
indoor) (S)
Antique shop
Arcade (S)
Arts, crafts store (inside
sales)
Bakery and confectionary,
retail sales
Bakery and confectionery,
commercial (S)
Bank, savings and loan,
credit union
Barber shop
Metal dealer, crafted
precious
Motel, motor hotel,
motor lodge
Office center
Office, prof. or general
administrative
Office –
showroom/warehouse
S)
Personal service shop
Pet shop
Medical supplies, sales
Beauty culture school,
cosmetology spec. shop
Beauty shop
Bowling alley
Bldg. materials, hardware
inside storage)
Bldg. materials, hardware
outside storage) (S)
Cleaning and dyeing small
shop (S)
Clinic, medical or dental
Convenience store
Custom personal service
shop
Discount, variety, or
department store
Drapery, needlework, or
weaving shop
Feed and farm supply (inside
sales/storage) (S)
Florist
Food and beverage store
Food store; grocery store
Furniture, appliance store
inside storage)
Furniture, appliance store
outside storage) (S)
Garden Center (retail sales)
General merchandise store
Gymnastic or dance studio
Handcraft shop
Hospital (acute care)
Hotel
Household appliance service
and repair (S)
Laboratory, medical or
dental
Landry and cleaning, self-
service
Massage therapy facility
and service (S)
Pharmacy
Post Office, government
and private
Print shop (S)
Private clubs (S)
Racquetball facilities (S)
Restaurant or cafeteria,
with drive-in or drive-
through service
Restaurant or cafeteria,
without drive-in or drive-
through service
Restaurant, with drive-in
service
Restaurant, with drive-
through service
Retail ice and
dispensed water sales
S)
Retail shops and stores
other than listed
Secondhand store,
furniture/clothing (S)
Service, retail
Shopping center
Studio (photographer,
musician, artist)
Studio for radio and
television
Tanning salon
Taxidermist (S)
Theater (indoor)
Veterinarian clinic (no
outside pens) (S)
Veterinarian clinic
outside pens) (S)
Washateria
Manufacturing,
storage and
warehousing uses
Accessory and
incidental uses • Accessory building to main
use
Construction yard
temporary)
Field or sales office,
temporary
Garage, private
Swimming pool, private
S)
Wind energy system (S)
The applicant is requesting to allow self-storage (mini-warehouse) and child-care center
uses as permitted uses by right on the property. . According to the Planned
Development ordinance for the property, self-storage (mini warehouse) is not a
permitted use. Child care centers are permitted by specific use permit. Any standards
or restrictions in the current ordinance must be followed.
CONCLUSION:
The zoning amendment request is to allow additional uses of self-storage (mini-
warehouse) and child-care center/nursery school, kindergarten on five acres of the total
18.8± acre tract.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
If the Commission votes in favor of the zoning amendment request, below are
recommended restrictions (removed text is in red, strikethrough font; added text is
in green, underlined font):
Restrictions:
Commercial - Permitted at the intersection of State Highway 5 and Rosamond
Parkway with a minimum acreage of eight (8) acres and a maximum of twenty (20)
acres.
General Description: Commercial shall be developed at the northwest corner of
State Highway 5 and Rosamond Parkway. This area is intended to establish the
ability to develop significant retail, commercial, service, and offices uses serving
regional and city-wide needs.
Permitted Uses: Uses permitted within the Commercial tract are those permitted
within the "C-1 - Restricted Commercial" district of the current Zoning Ordinance at
the time of adoption of this ordinance as well as the following listed uses. Uses
followed by an S may be approved as a Specific Use Permit.
Motel, motor hotel, or motor lodge
Hospital (acute care)
Rest home or nursing home
Auto repair, minor
Car wash
Tire dealer (no outside storage)
Discount, variety, or department store
Laboratory, medical or dental
Office-showroom / warehouse S
Service, retail
Veterinarian clinic (outside pens) S
Washateria
Self-storage (mini-warehouse)*
Child-care center/Nursey school, kindergarten*
Amusement, indoor commercial*
The location of the self-storage (mini-warehouse) and child-care center/nursery
school, kindergarten are restricted to five acres as shown on the Zoning Exhibit
Exhibit A). If developed as self-storage (mini-warehouse) and child-care
center/nursery school, kindergarten, it shall be in substantial conformance with the
Shadowbend Commercial, Concept Plan (Exhibit B).
Commercial Regulations: Except as amended below, the Commercial tract shall be
developed in accordance with the regulations established for the "C-1 - Restricted
Commercial" district of the Zoning Ordinance, as presently existing or as they may be
amended.
1. Maximum Building Height: Thirty-five (35) feet.
2. Maximum Lot Coverage: Seventy (70) percent.
Additional Non-Residential Standards: The following items shall be implemented for
the Non-Residential land area:
1. A minimum six foot (6') tall masonry screening wall shall be constructed along the
common property line with the Single Family Residential district. A wall
maintenance easement five (5) feet in width shall be dedicated on adjacent
properties at the time of platting of these properties.
2. The construction of the masonry screening wall shall only be required adjacent to
that specific property that is to be developed, whether the development is Non-
Residential or Single Family Residential.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. PD Amendment Zoning Locator Map
2. PZ - STAFF REPORT (Zoning) Shadowbend Commercial
3. Exhibit A (ZE) Shadowbend Commercial
4. Exhibit B (CP) Shadowbend Commercial
5. 797-2018
6. Application
PURD U E R D
PENAFLORDRW ROSAMOND PKWY
INDIAN CREEK
ZIMMET DR
HARBOR OAKS DR
EMERSON DR
ELM
GROVE
WATERHOUSELAKEDR
BRIARCVEMMACTROUGLECTYARBROUGH
DRROSEMARYWAYLIAM D R
SKYVIEW DRA C E V E S C
T
CARAWAY CTDIANAFALLSTRLTHREECHIMNEYSLNERLINDA
DRJENKINS DR
JEANINE DRLEYLAND
DR WHITEROCKCHALK
RD
LANGDONDREMMA DR BASI
LAVEROBINSON D R
NPOWELLPKWYE ROSAMOND PKWY
Copyright
nearmap
2015 Subject
Property
200' Notice
Boundary
City LimitsETJ
0
300 600150
Feet May 2024 H:\Notification
Maps\Notification Maps\
ZONING – SHADOWBEND COMMERCIAL PAGE 1 OF 4
CITY OF ANNA
PLANNING & ZONING COMMISSION
June 3, 2024
Public Hearing: Zoning Amendment – Shadowbend Commercial
Applicant: Britton Church, Rosamond Powell Investment, LLC
DESCRIPTION:
Conduct a Public Hearing/Consider/Discuss/Action on a request to amend an existing
Planned Development (Ord. No. 797-2018) on 5± acres located at the northwest corner
of Rosamond Parkway and N. Powell Parkway to allow a self-storage (mini-warehouse)
and child-care center/nursery school, kindergarten by right.
SUMMARY:
The Planning & Zoning Commission voted to table this item at the June 3, 2024
meeting.
At its meeting on December 11, 2018, the City Council approved the rezoning of the
property to Planned Development with a base zoning of Local Commercial (C-1) (Ord.
No. 797-2018). The Planned Development ordinance established the allowed uses on
the property. The request is to amend the allowable uses on the property.
Item #16 on this agenda is the concept plan associated with this request, Shadowbend
Commercial, Block A, Lots 1-14 (Exhibit A).
REMARKS:
The Planned Development ordinance provides that permitted uses on the property are
those as allowed within the C-1 district “of the current Zoning Ordinance at the time of
adoption of this ordinance.” The Planned Development ordinance specifies other uses
permitted by right and by specific use permit (SUP).
The use chart in the Planned Development ordinance for the property is below. Uses
followed by an “(S)” require a SUP.
Residential uses •Bed-and-breakfast facility
Boarding or rooming house
Residence hotel
Retirement housing (S)
Servant’s, caretaker’s or
guard’s res. (S)
Educational,
institutional, and
special uses
Child-care center (S)
Church, rectory, place of worship
Civic Center (S)
Community Center, public
Registered family home (S)
Rest home or nursing home
S)
ZONING – SHADOWBEND COMMERCIAL PAGE 2 OF 4
Community Center, private
Continuing care facility
Fraternal organization, lodge, or
civic club (S)
Health club, gymnasium
Library
Museum or art gallery
Nursery school, kindergarten (S)
Park, playground, or rec. center
public)
Park, playground, or rec. center
private) (S)
School, private (primary
and/or secondary)
School, public (primary and/or
secondary)
School, trade or commercial
S)
Stadium or playfield, public
Swimming pool, commercial
S)
Swimming pool, private (S)
Transportation,
utility, and
communication
uses
Electrical substation
Gas metering station (S)
Service yards of government
agency (S)
Telephone exchange
Automobile and
related service uses
Auto parts sales (inside)
Auto repair, minor
Automobile service station
Car wash
Motorcycle sales and service (S)
Parking lot of parking garage,
automobile
Quick oil change facility
Quick tune-up facility
Tire dealer (no outside
storage)
Office, retail,
commercial, and
service type uses
Amusement, commercial (indoor)
S)
Antique shop
Arcade (S)
Arts, crafts store (inside sales)
Bakery and confectionary, retail
sales
Bakery and confectionery,
commercial (S)
Bank, savings and loan, credit union
Barber shop
Beauty culture school, cosmetology
spec. shop
Beauty shop
Bowling alley
Bldg. materials, hardware (inside
storage)
Bldg. materials, hardware (outside
storage) (S)
Cleaning and dyeing small shop (S)
Clinic, medical or dental
Convenience store
Custom personal service shop
Discount, variety, or department
store
Drapery, needlework, or weaving
shop
Feed and farm supply (inside
sales/storage) (S)
Florist
Food and beverage store
Food store; grocery store
Furniture, appliance store (inside
storage)
Metal dealer, crafted precious
Motel, motor hotel, motor
lodge
Office center
Office, prof. or general
administrative
Office –
showroom/warehouse (S)
Personal service shop
Pet shop
Medical supplies, sales and
service (S)
Pharmacy
Post Office, government and
private
Print shop (S)
Private clubs (S)
Racquetball facilities (S)
Restaurant or cafeteria, with
drive-in or drive-through
service
Restaurant or cafeteria,
without drive-in or drive-
through service
Restaurant, with drive-in
service
Restaurant, with drive-through
service
Retail ice and dispensed water
sales (S)
Retail shops and stores other
than listed
Secondhand store,
furniture/clothing (S)
ZONING – SHADOWBEND COMMERCIAL PAGE 3 OF 4
Furniture, appliance store (outside
storage) (S)
Garden Center (retail sales)
General merchandise store
Gymnastic or dance studio
Handcraft shop
Hospital (acute care)
Hotel
Household appliance service and
repair (S)
Laboratory, medical or dental
Landry and cleaning, self-service
Massage therapy facility
Service, retail
Shopping center
Studio (photographer,
musician, artist)
Studio for radio and television
Tanning salon
Taxidermist (S)
Theater (indoor)
Veterinarian clinic (no outside
pens) (S)
Veterinarian clinic (outside
pens) (S)
Washateria
Manufacturing,
storage and
warehousing uses
Accessory and
incidental uses
Accessory building to main use
Construction yard (temporary)
Field or sales office, temporary
Garage, private
Swimming pool, private (S)
Wind energy system (S)
The applicant is requesting to allow self-storage (mini-warehouse) and child-care center
uses as permitted uses by right on the property. . According to the Planned Development
ordinance for the property, self-storage (mini warehouse) is not a permitted use. Child
care centers are permitted by specific use permit. Any standards or restrictions in the
current ordinance must be followed.
CONCLUSION:
The zoning amendment request is to allow additional uses of self-storage (mini-
warehouse) and child-care center/nursery school, kindergarten on five acres of the total
18.8± acre tract.
If the Commission is in favor of the proposed modification, Staff recommends a third
additional permitted use of indoor commercial amusement and prohibiting hotel and
related uses on the five-acre area.
RECOMMENDATION:
If the Commission votes in favor of the zoning amendment request, below are
recommended restrictions (added text is in green, underlined font):
Restrictions:
Commercial - Permitted at the intersection of State Highway 5 and Rosamond
Parkway with a minimum acreage of eight (8) acres and a maximum of twenty (20)
acres.
General Description: Commercial shall be developed at the northwest corner
of State Highway 5 and Rosamond Parkway. This area is intended to establish
ZONING – SHADOWBEND COMMERCIAL PAGE 4 OF 4
the ability to develop significant retail, commercial, service, and offices uses
serving regional and city-wide needs.
Permitted Uses: Uses permitted within the Commercial tract are those
permitted within the "C-1 - Restricted Commercial" district of the current Zoning
Ordinance at the time of adoption of this ordinance as well as the following
listed uses. Uses followed by an S may be approved as a Specific Use Permit.
Motel, motor hotel, or motor lodge
Hospital (acute care)
Rest home or nursing home
Auto repair, minor
Car wash
Tire dealer (no outside storage)
Discount, variety, or department store
Laboratory, medical or dental
Office-showroom / warehouse S
Service, retail
Veterinarian clinic (outside pens) S
Washateria
Self-storage (mini-warehouse)*
Child-care center/Nursey school, kindergarten*
The location of the self-storage (mini-warehouse) and child-care
center/nursery school, kindergarten are restricted to five acres as shown on
the Zoning Exhibit (Exhibit A). If developed as self-storage (mini-warehouse)
and child-care center/nursery school, kindergarten, it shall be in substantial
conformance with the Shadowbend Commercial, Concept Plan (Exhibit B).
Commercial Regulations: Except as amended below, the Commercial tract
shall be developed in accordance with the regulations established for the "C-1
Restricted Commercial" district of the Zoning Ordinance, as presently existing
or as they may be amended.
1. Maximum Building Height: Thirty-five (35) feet.
2. Maximum Lot Coverage: Seventy (70) percent.
Additional Non-Residential Standards: The following items shall be
implemented for the Non-Residential land area:
1. A minimum six foot (6') tall masonry screening wall shall be
constructed along the common property line with the Single Family
Residential district. A wall maintenance easement five (5) feet in
width shall be dedicated on adjacent properties at the time of platting
of these properties.
2. The construction of the masonry screening wall shall only be required
adjacent to that specific property that is to be developed, whether the
development is Non-Residential or Single Family Residential.
J.C. BRANTLEY SURVEY, ABSTRACT NO. 114,
CITY OF ANNA, COLLIN, TEXAS
ZONING EXHIBIT
4.536 ACRE TRACT
POINT OF
COMMENCING
REMAINDER OF
18.798 Ac /
REMAINDER OF
18.798 Ac /
POINT OF
BEGINNING
EXHIBIT B
Item No. 16.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Consider/Discuss/Action regarding the Shadowbend Commercial, Block A, Lots 1 -14,
Concept Plan. Applicant: Britton Church, Rosamond Powell Investment, LLC
SUMMARY:
Self-Storage (mini-warehouse) on one lot, Daycare on one lot, Car Wash on one lot,
Convenience Store with Fuel Pumps on one lot, Restaurants and Retail on nine lots on
18.8± acres located at the northwest corner of W. Rosamond Parkway and N. Powell
Parkway.
The Concept Plan is associated with the zoning case and is contingent upon approval of
the zoning case. The purpose for the Concept Plan is to show the conceptual layout and
related site improvements and locations associated with the future commercial
development.
The Concept Plan complies with the zoning district's area regulations as requested by
the zoning case.
ISSUE:
There is one lot, Tract 14, that is not meeting the frontage requirements of the
Subdivision Regulations on the Concept Plan.
9.02.087 Lots
b) Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a
dedicated, improved public street, unless platted as an approved private street
subdivision in accordance with these subdivision regulations. All lots shall have a
minimum of 40 feet of frontage along the property line of a dedicated, improved street
unless other provisions have been authorized under article 9.04 or an approved planned
development district.
Either Tract 14 should be combined with another lot or the regulation needs to be
waived.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
If the zoning case is recommended for approval and upon resolving the issue with Lot
14, the Concept Plan is in conformance with the city’s Subdivision Regulations and
Zoning Ordinances.
The Concept Plan shall be subject to City Council approval of the zoning request. The
Planning & Zoning Commission shall also make a recommendation on Tract 14, options
include but are not limited to:
Combine Tract 14 with another lot;
Provide 40 feet of frontage along Rosamond Parkway; or
Waive §9.02.087 requiring 40 feet of frontage and providing at least one access
easement from Tracts 10, 11, 12, and/or 13.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Shadowbend Commercial Concept Plan Locator Map
2. Exhibit A (CP) Shadowbend Commercial
3. Application
BASIL
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Item No. 17.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 7/1/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone and zone
1,035± acres generally located at the northwest and northeast corners of W. Rosamond
Parkway and U.S. Highway 75 in accordance with Development Agreement (Res. No.
2024-05-1621). Zoned Planned Development (Ord. No. 537-2011) and located within
the Extraterritorial Jurisdiction (ETJ). Applicant: The Thornton Family Trust, Liberty 800
LP, Liberty 75, Jay P and Irene C Janis, Janis Real Estate LLC
SUMMARY:
At its meeting on February 8, 2011, the City Council approved the zoning of a
522± acre Planned Development for a development known as Mantua and included
areas to be annexed in the future. The original developer began the Mantua project in
Van Alstyne’s jurisdiction but has since sold the land within Anna’s jurisdiction to a new
developer.
At its meeting on May 14, 2024, the City Council approved a Development Agreement
Res. No. 2024-05-1621) which included an agreement for annexation of 513± acres as
well as development standards.
REMARKS:
The Liberty Hills master planned development incorporates commercial, mixed-use,
and multi-family zoning districts along the east and west sides of U.S. Highway 75 with
several phases of single-family residential districts west of future Standridge
Boulevard.
Surrounding Land Uses and Zoning
North Vacant land in Van Alsytne’s ETJ
East Vacant land zoned AG and single-family residential subdivision, three multi-
family lots, and vacant commercial lot zone Planned Development (Ord. No.
881-2020; The Woods at Lindsey Place)
South Vacant land zoned C-2
West Single-family dwellings zoned SF-E (Urban Crossing), and single-family
dwellings (Hurricane Creek Estates), golf course and vacant land located in
the ETJ,
Conformance with the Anna2050 Comprehensive Plan
The Future Land Use Plan designates these properties as Regional Activity Center,
Community Commercial, Estate Residential, Ranching & Agriculture, and Parks and
Open Space. The Place Type descriptions from the Comprehensive Plan is provided.
The Ranching and Agriculture Place Type description does allow for the Cluster
Residential within the Ranching and Agriculture property if an amount of open space
equal to the platted lots is preserved and water and wastewater requirements can be
met.
The request conforms to the Regional Activity Center, Community Commercial, Cluster
Residential, and Parks and Open Space place types. The proposed single-family lot
sizes within the request is not in conformance with the areas identified as Estate
Residential.
Proposed Stipulations:
Establishing Minimum and Maximum dwelling units
o Maximum of 3,000 dwelling units under the Multi-Family District and
Mixed-Use District
o Maximum of 2,000 dwelling units under the Single-Family Districts and
Mixed-Density District
Minimum of 58 lots with SF-8.4 District Zoning
Minimim of 400 lots with SF-7.2 District Zoning
Maximum of 900 lots with SF-6.0 District Zoning
Maximum of 600 lots with MD District Zoning
Providing a Fence Exhibit to illustrate the screening wall and fencing
requirements.
Establishing minimum building sizes within each district.
Reducing the requirements of the Thoroughfare Overlay District:
o Reducing the minimum lot size from one (1) acre to ¾ (0.75) of an acre.
o Reducing the minimum lot width from 100 feet to 60 feet.
o Exempting the rear of developments from the front yard setback along the
highways.
Reducing covered parking requirements from 50% to 25% for multi-family
dwellings.
Changing the calculation of parking requirements for self-storage facilities from
number of units to gross floor area.
o Regulation within the Zoning Ordinance: 1/30 storage units (at least 5
spaces required)
o Proposed: 1/20,000 gross floor area (at least 5 spaces required)
Allowing telecommunications towers by right in non-residential districts, as well
as the MD District, MF District, and MU District.
Agreeing to a masonry requirement.
Amending building articulation standards and multi-family dwelling amenities
requirements.
Amending Subdivision Entry Sign regulations to allow for larger signs and
alternative placements.
Providing a Tree Preservation Exhibit to illustrate trees to be preserved and
removing the requirements of Article 9.07.
CONCLUSION:
Request to rezone and zone a total of 1,035± acres generally located at the northwest
and northeast corners of W. Rosamond Parkway and U.S. Highway 75 in accordance
with Development Agreement (Res. No. 2024-05-1621). Zoned Planned Development
Ord. No. 537-2011) and located within the Extraterritorial Jurisdiction (ETJ).
The overall request conforms to the Comprehensive Plan but the Future Land Use Plan
does call for larger single-family lots than is being proposed.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
If the Commission votes in favor of the zoning request, below are recommended
restrictions for the applicants’ zoning request subject to approval of the annexation
request:
A. The location of the planned development zoning district shall be in substantial
conformance with the Metes & Bounds (Exhibit A), Description of Property (Exhibit B),
and Illustrative Layout (Exhibit C).
B. Standards and Area Regulations: Development must comply with the development
standards for use, density, lot area, lot width, lot depth, yard depths and widths, building
height, building elevations, coverage, floor area ratio, parking, access, screening,
landscaping, accessory buildings, signs, and lighting, set forth in Chapter 9 (Planning &
Development Regulations), as amended, except as otherwise specified within the
Development Standards (Exhibit D).
C. Plats and/or site plans submitted for the development of the PD shall conform to
the data presented and approved on the Concept Plan. Non-substantial changes of
detail on the final development plan(s) that differ from the Concept Plan may be
authorized by the City Council with the approval of the final development plan(s) and
without a public hearing.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Liberty Hills Zoning Locator Map
2. PZ - STAFF REPORT (Zoning) Liberty Hills
3. Exhibit A Metes & Bounds
4. Exhibit B Description of Property
5. Exhibit C Illustrative Layout
6. Exhibit D Development Standards
7. Comp Plan Place Types
8. Owner Auth and Representative Designation_The Thornton Family
Trust_Executed
9. Owner Auth and Representative Designation_Liberty 800 LP_Executed
10. Owner Auth and Representative Designation_Liberty 75 LP_Executed
11. Owner Auth and Representative Designation_Jay P and Irene C Janis_Executed
12. Owner Auth and Representative Designation_Janis Real Estate LLC_Excuted
COUNTYROAD289CO UNTY ROAD377NU
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Boundary City Limits ETJ 0
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ZONING – LIBERTY HILLS PAGE 1 OF 4
CITY OF ANNA
PLANNING & ZONING COMMISSION
July 1, 2024
Public Hearing: Zoning– Liberty Hills
Applicant: The Thornton Family Trust, Liberty 800 LP, Liberty 75 LP,
Jay P and Irene C Janis, Janis Real Estate LLC
DESCRIPTION:
Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone and zone
1,035± acres generally located at the northwest and northeast corners of W. Rosamond
Parkway and U.S. Highway 75 in accordance with Development Agreement (Res. No.
2024-05-1621). Zoned Planned Development (Ord. No. 537-2011) and located within the
Extraterritorial Jurisdiction (ETJ).
SUMMARY:
At its meeting on February 8, 2011, the City Council approved the zoning of a 522± acre
Planned Development for a development known as Mantua and included areas to be
annexed in the future. The original developer began the Mantua project in Van Alstyne’s
jurisdiction but has since sold the land within Anna’s jurisdiction to a new developer.
At its meeting on May 14, 2024, the City Council approved a Development Agreement
Res. No. 2024-05-1621) which included an agreement for annexation of 513± acres as
well as development standards.
REMARKS:
The Liberty Hills master planned development incorporates commercial, mixed-use, and
multi-family zoning districts along the east and west sides of U.S. Highway 75 with several
phases of single-family residential districts west of future Standridge Boulevard.
Surrounding Land Uses and Zoning
North Vacant land in Van Alsytne’s ETJ
East Vacant land zoned AG and single-family residential subdivision, three multi-family
lots, and vacant commercial lot zone Planned Development (Ord. No. 881-2020; The
Woods at Lindsey Place)
South Vacant land zoned C-2
West Single-family dwellings zoned SF-E (Urban Crossing), and single-family dwellings
Hurricane Creek Estates), golf course and vacant land located in the ETJ,
ZONING – LIBERTY HILLS PAGE 2 OF 4
Conformance with the Anna2050 Comprehensive Plan
The Future Land Use Plan designates these properties
as Regional Activity Center, Community Commercial,
Estate Residential, Ranching & Agriculture, and Parks
and Open Space. The Place Type descriptions from
the Comprehensive Plan is provided.
The Ranching and Agriculture Place Type description
does allow for the Cluster Residential within the
Ranching and Agriculture property if an amount of
open space equal to the platted lots is preserved and
water and wastewater requirements can be met.
The request conforms to the Regional Activity Center, Community Commercial, Cluster
Residential, and Parks and Open Space place types. The proposed single-family lot sizes
within the request is not in conformance with the areas identified as Estate Residential.
Proposed Stipulations:
Establishing Minimum and Maximum dwelling units
o Maximum of 3,000 dwelling units under the Multi-Family District and Mixed-
Use District
o Maximum of 2,000 dwelling units under the Single-Family Districts and
Mixed-Density District
Minimum of 58 lots with SF-8.4 District Zoning
Minimim of 400 lots with SF-7.2 District Zoning
Maximum of 900 lots with SF-6.0 District Zoning
Maximum of 600 lots with MD District Zoning
Providing a Fence Exhibit to illustrate the screening wall and fencing requirements.
Establishing minimum building sizes within each district.
Reducing the requirements of the Thoroughfare Overlay District:
o Reducing the minimum lot size from one (1) acre to ¾ (0.75) of an acre.
o Reducing the minimum lot width from 100 feet to 60 feet.
o Exempting the rear of developments from the front yard setback along the
highways.
Reducing covered parking requirements from 50% to 25% for multi-family
dwellings.
ZONING – LIBERTY HILLS PAGE 3 OF 4
Changing the calculation of parking requirements for self-storage facilities from
number of units to gross floor area.
o Regulation within the Zoning Ordinance: 1/30 storage units (at least 5
spaces required)
o Proposed: 1/20,000 gross floor area (at least 5 spaces required)
Allowing telecommunications towers by right in non-residential districts, as well as
the MD District, MF District, and MU District.
Agreeing to a masonry requirement.
Amending building articulation standards and multi-family dwelling amenities
requirements.
Amending Subdivision Entry Sign regulations to allow for larger signs and
alternative placements.
Providing a Tree Preservation Exhibit to illustrate trees to be preserved and
removing the requirements of Article 9.07.
CONCLUSION:
Request to rezone and zone a total of 1,035± acres generally located at the northwest
and northeast corners of W. Rosamond Parkway and U.S. Highway 75 in accordance
with Development Agreement (Res. No. 2024-05-1621). Zoned Planned Development
Ord. No. 537-2011) and located within the Extraterritorial Jurisdiction (ETJ).
The overall request conforms to the Comprehensive Plan but the Future Land Use Plan
does call for larger single-family lots than is being proposed.
RECOMMENDATION:
If the Commission votes in favor of the zoning request, below are recommended
restrictions for the applicants’ zoning request subject to approval of the annexation
request:
A. The location of the planned development zoning district shall be in substantial
conformance with the Metes & Bounds (Exhibit A), Description of Property (Exhibit
B), and Illustrative Layout (Exhibit C).
B. Standards and Area Regulations: Development must comply with the development
standards for use, density, lot area, lot width, lot depth, yard depths and widths,
building height, building elevations, coverage, floor area ratio, parking, access,
screening, landscaping, accessory buildings, signs, and lighting, set forth in
Chapter 9 (Planning & Development Regulations), as amended, except as
otherwise specified within the Development Standards (Exhibit D).
ZONING – LIBERTY HILLS PAGE 4 OF 4
C. Plats and/or site plans submitted for the development of the PD shall conform to
the data presented and approved on the Concept Plan. Non-substantial changes
of detail on the final development plan(s) that differ from the Concept Plan may
be authorized by the City Council with the approval of the final development
plan(s) and without a public hearing.
EXHIBIT A-1
Metes and Bounds Description of Liberty 800 Property
Page 1 of 10
EXHIBIT A-1
TRACT ONE
694.344
Acres
SITUATED in the County of Collin, State of Texas, and being a part of the Henry Smith
Survey, Abstract No. 822, the Zachariah Roberts Survey, Abstract No. 760, the John Batterton Survey,
Abstract No. 94, the W.P. Burns Survey, Abstract No. 100, the J.C. Burge Survey, Abstract No. 106 and
the Jonas Whitaker Survey, Abstract No. 981 and being a part of the 2,304.493 acre tract of land (Tract
F) conveyed from Viola Lordsmeer, L.P. to Risland Mantua, LLC by Special Warranty Deed dated June
25, 2018 and recorded in Instrument No. 20180625000783630, Official Public Records, Collin County,
Texas, and being more particularly described by metes and bounds as follows, to-wit:
BEGINNING at a 1/2 inch rebar found in or near the centerline intersection of County Road
370, a public road, with County Road 368, a public road, in the South line of said Henry Smith Survey
and the North line of the John Elliott Survey, Abstract No. 296, at the Northwest corner of the remainder
of the 16.215 acre tract of land conveyed to Sheikh M. Alam, recorded in Volume 4335, Page 955, Deed
Records, Collin County, Texas, and the most Southerly Southwest corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 13 min. 07 sec. West, with the pavement of said County Road 368 and a
West line of said Risland Mantua 2,304.493 ac., a distance of 2,021.14 ft. to a 1/2 inch rebar found at the
most Easterly Northeast corner of Hurricane Creek Estates, an unrecorded Plat, and an Ell corner of both
said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE Westerly, with a North line of said Hurricane Creek Estates and a South line of said
Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 80 deg. 49 min. 43 sec. West, a distance of 212.73 ft. to a 5/8 inch rebar found
at an angle point;
2. South 81 deg. 00 min. 36 sec. West, a distance of 212.18 ft. to a 5/8 inch rebar found
at an
3. South 79 deg. 47 min. 15 sec. West, a distance of 215.41 ft. to a 5/8 inch rebar found
at an angle point;
4. South 79 deg. 47 min. 48 sec. West, a distance of 211.76 ft. to a 1 inch pipe found at
an angle point;
5. South 80 deg. 49 min. 08 sec. West, a distance of 220.15 ft. to a 5/8 inch rebar found
at an Ell corner of said Hurricane Creek Estates, a Southwest corner of both said
Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE Northerly, with an East line of said Hurricane Creek Estates and a West line of said
Risland Mantua 2,304.493 ac., the following calls and distances:
1. North 00 deg. 47 min. 59 sec. West, a distance of 95.57 ft. to a 5/8 inch rebar found at
an angle point;
2. North 00 deg. 53 min. 28 sec. East, a distance of 242.25 ft. to a 5/8 inch rebar found
at an angle point;
3. North 01 deg. 07 min. 11 sec. East, a distance of 264.53 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at an angle point;
4. North 01 deg. 48 min. 05 sec. East, a distance of 76.53 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at an angle point;
5. North 02 deg. 27 min. 54 sec. East, a distance of 99.19 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at the most Northerly Northeast corner of said Hurricane
Creek Estates, at an Ell corner of both said Risland Mantua 2,304.493 ac. and the
herein described tract;
THENCE South 89 deg. 45 min. 34 sec. West, with a North line of said Hurricane Creek Estates
and a South line of said Risland Mantua 2,304.493 ac., a distance of 51.65 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578”at the most Southerly Southeast corner of the 179.55 ac. tract of land conveyed
to Grayson-Collin Recreational Association, Inc. in Volume 705, Page 90, said Deed Records, at a
Southwest corner of both said Risland Mantua 2,304.493 ac. and the herein described tract;
Page 2 of 10
THENCE Northerly, with an East line of said Grayson-Collin Recreational Association 179.55
ac. and a West line of said Risland Mantua 2,304.493 ac., the following calls and distances:
1. North 17 deg. 52 min. 19 sec. East, a distance of 782.45 ft. to a 42 inch Elm tree at an
angle point;
2. North 22 deg. 57 min. 03 sec. East, a distance of 424.80 ft. to a 1 inch pipe found at
an angle point;
3. North 22 deg. 16 min. 10 sec. West, a distance of 763.52 ft. to a 1/2 inch capped rebar
set, stamped “RPLS 6578” at an angle point;
4. North 12 deg. 31 min. 05 sec. West, a distance of 690.34 ft. to a 1 inch pipe found at
an angle point;
5. North 35 deg. 44 min. 24 sec. East, a distance of 668.76 ft. to a 1/2 inch rebar found
at an angle point;
6. North 03 deg. 14 min. 16 sec. East, a distance of 279.04 ft. to a 1/2 inch rebar found
at the most Westerly Southwest corner of the 7.493 ac. tract of land conveyed to
Grayson-Collin Recreational Association, Inc. in Volume 738, Page 342, said Deed
Records, at an angle point;
THENCE Southeasterly, with the Southwest line of said Grayson-Collin Recreational Association
7.493 ac. and a Northeast line of said Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 60 deg. 30 min. 30 sec. East, a distance of 753.00 ft. to a 1 inch pipe found at
an angle point;
2. South 38 deg. 05 min. 22 sec. East, a distance of 416.65 ft. to a 1/2 inch rebar found
at an angle point;
3. South 20 deg. 05 min. 14 sec. East, a distance of 393.25 ft. to a 1 inch pipe found at
the most Southerly Southwest corner of said Grayson-Collin Recreational Association
7.493., at an Ell corner of both said Risland Mantua 2,304.493 ac. and the herein
described tract;
THENCE North 64 deg. 28 min. 26 sec. East, with the South line of said Grayson -Collin
Recreational Association 7.493 ac. and a North line of said Risland Mantua 2,304.493 ac., a distance of
48.14 ft. to a 1/2 inch rebar found at an angle point;
THENCE North 71 deg. 32 min. 49 sec. East, continuing with the South line of said Grayson -
Collin Recreational Association 7.493 ac. and a North line of said Risland Mantua 2,304.493 ac., a
distance of 175.44 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the Southeast corner of said
Grayson Collin Recreational Association 7.493 ac., the most Easterly Southeast corner of said Grayson-
Collin Recreational Association 179.55 ac. and an angle point of both said Risland Mantua 2,304.493 ac.
and the herein described tract;
THENCE Easterly, Northerly, then Northwesterly, along the common property line of both said
Grayson-Collin Recreational Association 179.55 ac. and Risland Mantua 2,304.493 ac., the following calls
and distances:
1. North 68 deg. 39 min. 59 sec. East, a distance of 279.42 ft. to a 1/2 inch rebar found
at an angle point;
2. North 16 deg. 00 min. 07 sec. East, a distance of 631.15 ft. to a 1/2 inch rebar found
at an angle point;
3. North 43 deg. 56 min. 13 sec. West, a distance of 1,122.16 ft. to a 1/2 inch capped
rebar set stamped “RPLS 6578” at an angle point;
4. North 66 deg. 25 min. 20 sec. West, a distance of 1,304.43 ft. to a 1/2 inch capped
rebar set stamped “RPLS at the most Northerly corner of said Grayson-Collin
Recreational Association 179.55 ac. and an angle point of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE South 31 deg. 00 min. 14 sec. West, with the West line of said Grayson-Collin Recreational
Association 179.55 ac. and an East line of said Risland Mantua 2,304.493 ac., a distance of 345.00 ft. to
Page 3 of 10
a point in the East bank of a pond, at an angle point;
THENCE Southwesterly, with the East bank of a pond, along the West line of said Grayson-Collin
Recreational Association 179.55 ac. and an East line of said Risland Mantua 2,304.493 the following calls
and distances:
1. South 65 deg. 09 min. 26 sec. West, a distance of 350.00 ft.;
2. South 59 deg. 44 min. 48 sec. West, a distance of 390.00 ft.;
3. South 32 deg. 52 min. 18 sec. East, a distance of 100.00 ft.;
4. South 40 deg. 29 min. 25 sec. West, a distance of 55.00 ft.;
5. North 59 deg. 49 min. 47 sec. West, a distance of 150.00 ft.;
6. South 89 deg. 36 min. 28 sec. West, a distance of 190.00 ft.;
7. South 25 deg. 45 min. 05 sec. West, a distance of 190.00 ft.;
8. South 31 deg. 50 min. 15 sec. West, a distance of 265.00 ft.;
9. South 16 deg. 52 min. 45 sec. West, a distance of 500.00 ft.;
10. South 81 deg. 20 min. 55 sec. East, a distance of 205.00 ft.;
11. South 25 deg. 08 min. 27 sec. East, a distance of 200.00 ft.;
12. South 06 deg. 15 min. 31 sec. East, a distance of 85.00 ft.;
13. South 24 deg. 28 min. 32 sec. West, a distance of 150.00 ft.;
14. South 20 deg. 37 min. 55 sec. West, a distance of 205.00 ft.;
15. South 09 deg. 56 min. 57 sec. East, a distance of 120.00 ft.;
16. North 64 deg. 36 min. 06 sec. West, a distance of 115.00 ft.;
17. South 19 deg. 23 min. 16 sec. East, a distance of 200.00 ft.;
18. South 37 deg. 19 min. 08 sec. West, a distance of 70.00 ft.;
19. South 60 deg. 56 min. 07 sec. West, a distance of 110.00 ft.;
20. South 29 deg. 09 min. 31 sec. West, a distance of 250.00 ft.;
21. South 17 deg. 58 min. 21 sec. West, a distance of 290.00 ft.;
THENCE South 86 deg. 05 min. 16 sec. West, with the South bank of a pond, along a North line of
said Grayson-Collin Recreational Association 179.55 ac. and a South line of said Risland Mantua
2,304.493 ac., a distance of 165.01 ft. to a point in line with a creek to the South;
THENCE Southerly, with the center of a creek, the West line of said Grayson -Collin Recreational
Association 179.55 ac. and an East line of said Risland Mantua 2,304.493 ac., the following calls and
distances:
1. South 02 deg. 18 min. 45 sec. West, a distance of 180.00 ft.;
2. South 07 deg. 21 min. 55 sec. East, a distance of 142.55 ft.;
3. South 20 deg. 21 min. 46 sec. West, a distance of 68.44 ft.;
4. South 37 deg. 03 min. 53 sec. West, a distance of 61.49 ft.;
5. South 64 deg. 30 min. 25 sec. West, a distance of 68.25 ft.;
6. South 21 deg. 56 min. 56 sec. West, a distance of 127.43 ft.;
7. South 10 deg. 33 min. 50 sec. East, a distance of 186.00 ft.;
8. South 23 deg. 42 min. 08 sec. East, a distance of 180.15 ft.;
9. South 29 deg. 18 min. 26 sec. East, a distance of 118.28 ft.;
10. South 50 deg. 34 min. 40 sec. West, a distance of 65.47 ft.;
11. South 35 deg. 56 min. 57 sec. West, a distance of 74.91 ft.;
12. South 51 deg. 20 min. 01 sec. West, a distance of 137.86 ft.;
13. South 30 deg. 41 min. 01 sec. West, a distance of 59.61 ft.;
14. South 01 deg. 39 min. 28 sec. West, a distance of 48.43 ft.;
15. South 15 deg. 38 min. 49 sec. West, a distance of 59.78 ft.;
16. South 32 deg. 29 min. 33 sec. West, a distance of 70.38 ft.;
17. South 18 deg. 00 min. 15 sec. West, a distance of 87.06 ft.;
18. South 33 deg. 07 min. 26 sec. West, a distance of 87.26 ft. to a point at the Southwest
corner of said Grayson-Collin Recreational Association 179.55 ac., at an Ell corner of
both said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE North 80 deg. 55 min. 18 sec. East, with the South line of said Grayson-Collin Recreational
Association 179.55 ac. and a North line of said Risland Mantua 2,304.493 ac., passing a 1/2 inch capped
rebar set, stamped “RPLS 6578” (for witness) at 104.23 ft. and continuing on said course for a TOTAL
Page 4 of 10
distance of 898.20 ft. to a 1/2 inch capped rebar set stamped “RPLS 6578” at the Northwest corner of said
Hurricane Creek Estates and the most Southerly Northeast corner of both said Risland Mantua 2,304.493
ac. and the herein described tract;
THENCE Southerly, with the West line of said Hurricane Creek Estates and an East line of said
Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 01 deg. 30 min. 49 sec. East, a distance of 234.97 ft. to a 1/2 inch capped rebar
set stamped “RPLS 6578” at an angle point;
2. South 01 deg. 40 min. 21 sec. East, a distance of 100.03 ft. to a 5/8 inch rebar found
at an angle point;
3. South 01 deg. 26 min. 53 sec. East, a distance of 230.25 ft. to a 5/8 inch rebar found
at an angle point;
4. South 02 deg. 34 min. 04 sec. East, a distance of 240.01 ft. to a 5/8 inch rebar found
at an angle point;
5. South 02 deg. 31 min. 27 sec. East, a distance of 193.14 ft. to a 1/2 inch capped rebar
found at the Northeast corner of the 59.73 ac. tract of land conveyed to MM Anna 325,
LLC, recorded in Instrument No. 2019041100386110, said Official Public Records, at
a Southeast corner of both said Risland Mantua 2,304.493 ac. and the herein described
tract;
THENCE South 89 deg. 01 min. 06 sec. West, with the general course of a wire fence maintaining
the North line of said MM Anna 325 59.73 ac. and a South line of said Risland Mantua 2,304.493 ac.,
passing a 1/2 inch capped rebar found (for Witness) at the end of said fence at 938.20 ft. and continuing
on said course for a TOTAL distance of 1,215.59 ft. to a point in the center of a creek, in the East line of
the 48.900 ac. tract of land conveyed to Donna Gail Peeler in Volume 4972, Page 5535, said Deed Records,
at the Northwest corner of said MM Anna 325 59.73 ac., at a Southwest corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE Northwesterly, with the center of a creek, the East line of said Peeler 48.900 ac. and the
52.77 ac. tract of land conveyed to Janis Real Estate, recorded in Instrument No. 20220420000632060,
said Official Public Records and a West line of said Risland Mantua 2,304.493 ac., the following calls and
distances:
1. North 34 deg. 56 min. 42 sec. East, a distance of 103.29 ft.;
2. North 25 deg. 27 min. 55 sec. East, a distance of 87.41 ft.;
3. North 14 deg. 15 min. 11 sec. West, a distance of 109.46 ft.;
4. North 09 deg. 26 min. 32 sec. East, a distance of 44.80 ft.;
5. North 25 deg. 25 min. 55 sec. East, a distance of 68.17 ft.;
6. North 10 deg. 58 min. 09 sec. East, a distance of 44.27 ft.;
7. North 48 deg. 07 min. 28 sec. East, a distance of 65.89 ft.;
8. North 76 deg. 04 min. 15 sec. East, a distance of 77.19 ft.;
9. North 05 deg. 59 min. 38 sec. East, a distance of 80.43 ft.;
10. North 16 deg. 36 min. 05 sec. West, a distance of 25.15 ft.;
11. North 55 deg. 07 min. 32 sec. West, a distance of 46.80 ft.;
12. North 72 deg. 50 min. 00 sec. West, a distance of 123.19 ft.;
13. South 81 deg. 44 min. 01 sec. West, a distance of 41.34 ft.;
14. North 70 deg. 40 min. 03 sec. West, a distance of 39.93 ft.;
15. North 18 deg. 54 min. 48 sec. West, a distance of 46.24 ft.;
16. North 30 deg. 12 min. 42 sec. East, a distance of 86.17 ft.;
17. North 55 deg. 20 min. 43 sec. West, a distance of 26.95 ft.;
18. North 83 deg. 50 min. 31 sec. West, a distance of 22.50 ft.;
19. South 68 deg. 54 min. 13 sec. West, a distance of 27.87 ft.;
20. North 22 deg. 54 min. 12 sec. West, a distance of 86.02 ft.;
21. North 26 deg. 45 min. 33 sec. East, a distance of 14.91 ft.;
22. North 50 deg. 40 min. 12 sec. East, a distance of 42.50 ft.;
23. North 10 deg. 24 min. 46 sec. West, a distance of 17.30 ft.;
24. North 72 deg. 20 min. 36 sec. West, a distance of 44.01 ft.;
25. North 44 deg. 49 min. 18 sec. West, a distance of 31.13 ft.;
26. North 87 deg. 03 min. 39 sec. West, a distance of 12.89 ft.;
27. South 64 deg. 02 min. 23 sec. West, a distance of 41.90 ft.;
28. North 86 deg. 18 min. 51 sec. West, a distance of 19.60 ft.;
Page 5 of 10
29. North 13 deg. 04 min. 46 sec. West, a distance of 18.21 ft.;
30. North 53 deg. 06 min. 48 sec. East, a distance of 15.77 ft.;
31. North 77 deg. 43 min. 43 sec. East, a distance of 16.69 ft.;
32. North 43 deg. 03 min. 46 sec. East, a distance of 28.01 ft.;
33. North 17 deg. 12 min. 14 sec. West, a distance of 18.36 ft.;
34. North 71 deg. 22 min. 19 sec. West, a distance of 21.59 ft.;
35. North 22 deg. 14 min. 44 sec. East, a distance of 25.85 ft.;
36. North 81 deg. 00 min. 45 sec. East, a distance of 25.03 ft.;
37. North 20 deg. 24 min. 50 sec. East, a distance of 33.04 ft.;
38. North 27 deg. 26 min. 38 sec. West, a distance of 22.31 ft.;
39. North 83 deg. 06 min. 16 sec. West, a distance of 148.69 ft.;
40. North 25 deg. 25 min. 26 sec. West, a distance of 47.53 ft.;
41. North 67 deg. 01 min. 29 sec. West, a distance of 30.30 ft.;
42. North 84 deg. 50 min. 03 sec. West, a distance of 47.00 ft.;
43. North 74 deg. 58 min. 05 sec. West, a distance of 33.79 ft.;
44. South 76 deg. 58 min. 39 sec. West, a distance of 33.35 ft.;
45. North 35 deg. 23 min. 19 sec. West, a distance of 27.57 ft.;
46. North 11 deg. 56 min. 26 sec. West, a distance of 54.69 ft.;
47. North 43 deg. 24 min. 18 sec. West, a distance of 52.00 ft.;
48. South 55 deg. 10 min. 00 sec. West, a distance of 27.34 ft.;
49. South 78 deg. 02 min. 05 sec. West, a distance of 27.52 ft.;
50. North 67 deg. 40 min. 27 sec. West, a distance of 74.72 ft.;
51. North 74 deg. 50 min. 18 sec. West, a distance of 51.31 ft.;
52. North 61 deg. 04 min. 09 sec. West, a distance of 43.45 ft.;
53. North 41 deg. 31 min. 56 sec. West, a distance of 71.57 ft.;
54. North 26 deg. 20 min. 00 sec. West, a distance of 52.30 ft.;
55. North 48 deg. 41 min. 18 sec. West, a distance of 61.74 ft.;
56. North 78 deg. 02 min. 53 sec. West, a distance of 43.15 ft.;
57. North 45 deg. 16 min. 16 sec. West, a distance of 161.73 ft.;
58. South 70 deg. 57 min. 23 sec. West, a distance of 52.72 ft.;
59. South 61 deg. 06 min. 37 sec. West, a distance of 35.06 ft.;
60. South 72 deg. 45 min. 56 sec. West, a distance of 40.53 ft.;
61. South 87 deg. 34 min. 10 sec. West, a distance of 28.77 ft.;
62. North 67 deg. 42 min. 02 sec. West, a distance of 33.33 ft.;
63. North 23 deg. 39 min. 03 sec. West, a distance of 52.95 ft.;
64. South 89 deg. 23 min. 21 sec. West, a distance of 70.36 ft.;
65. North 74 deg. 15 min. 03 sec. West, a distance of 25.54 ft.;
66. North 51 deg. 05 min. 09 sec. West, a distance of 29.41 ft.;
67. North 20 deg. 44 min. 38 sec. East, a distance of 41.42 ft.;
68. North 31 deg. 24 min. 12 sec. West, a distance of 45.13 ft.;
69. South 77 deg. 29 min. 33 sec. West, a distance of 63.04 ft.;
70. North 33 deg. 59 min. 18 sec. West, a distance of 11.78 ft. to a point at the Northeast corner of said
Janis Real Estate 52.77 ac., at an Ell corner of both said Risland Mantua 2,304.493 ac. and the
herein described tract;
THENCE South 88 deg. 29 min. 46 sec. West, with the North line of said Janis Real Estate 52.77 ac.
and a South line of said Risland Mantua 2,304.493 ac., passing a 1/2 inch rebar found (for witness) at
1,917.45 ft. and continuing on said course for a TOTAL distance of 1,940.65 ft. to a 1/2 inch rebar found
in the pavement of County Road 290, a public road, in an East line of both the 103.991 ac. tract of land
conveyed to Mohammad Ali Manouchehripour in Volume 5200, Page 5012, said Official Public Records
and the Joseph Britton Survey, Abstract No. 72 and the West line of said Zachariah Roberts Survey, at the
Northwest corner of said Janis Real Estate 52.77 ac., at the most Westerly Southwest corner of both said
Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 12 min. 42 sec. West, with the pavement of said County Road 290, an East
line of both said Manouchehripour 103.991 ac. and the Thornton Family Trust “called” 103 acre tract of
land conveyed in Instrument No. 2021043000877560, said Official Public Records and the East line of
said Joseph Britton Survey and a West line of both said Zacharia Roberts Survey and Risland Mantua
2,304.493 ac. passing the Northeast corner of said Manouchehripour 103.991 ac. and continuing on said
course for a distance of 1,130.77 ft. to a PK nail set at the Southwest corner of the 10.669 ac. tract of land
conveyed to Delmore A. M. Church and Joyce Church in Volume 702, Page 585, said Deed Records, at a
Page 6 of 10
Northwest corner of said Risland Mantua 2,304.493 ac. and the most Western Northwest corner of the
herein described tract;
THENCE South 88 deg. 26 min. 45 sec. East, with a South line of said Church 10.669 ac. and a North
line of said Risland Mantua 2,304.493 ac., passing a 1/2 inch rebar found (for witness) at 27.59 ft. and
continuing for a TOTAL distance of 353.22 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at
the most Southerly Southeast corner of said Church 10.669 ac. and an Ell corner of both said Mantua
2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 36 min. 46 sec. West, with an East line of said Church 10.669 ac. and a West
line of said Risland Mantua 2,304.493 ac., a distance of 628.19 ft. to a 1/2 inch capped rebar set, stamped
RPLS 6578” at an Ell corner of said Church 10.669 ac., at a Northwest corner of both said Risland
Mantua 2,304.493 ac. and the herein described tract;
THENCE North 86 deg. 35 min. 25 sec. East, with a South line of said Church 10.669 ac. and a North
line of said Risland Mantua 2,304.493 ac., a distance of 587.02 ft. to a 12 inch wood corner post at the
most Easterly Southeast corner of said Church 10.669 ac., at an Ell corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE North 01 deg. 14 min. 35 sec. West, with an East line of said Church 10.669 ac. and a West
line of said Risland Mantua 2,304.493 ac., a distance of 251.70 ft. to a 1/2 inch rebar found in the center
of said County Road 290, in the North line of said Zachariah Roberts Survey and the South line of said
John Batterton survey, at the Northeast corner of said Church 10.669 ac. and an Ell corner of said Risland
Mantua 2,304.493 ac., at a Northwest corner of the herein described tract;
THENCE North 89 deg. 18 min. 25 sec. East, along or near the center of said County Road 290, over
and across Risland Mantua 2,304.493 ac., with the North line of said Zachariah Roberts Survey and the
South line of said John Batterton Survey, passing the Southeast edge of pavement of said County Road
290, and continuing on said course for a distance of 797.98 ft. to a 1/2 inch rebar found at an Ell corner of
the herein described tract;
THENCE North 00 deg. 49 min. 03 sec. West, continuing over and across said Risland Mantua
2,304.493 ac., passing the Southeast edge and re-entering the pavement of said County Road 290,
continuing on said course along or near the center of said road, passing the Northwest edge of pavement
of said road, and continuing on said course for a distance of 1,687.21 ft. to a 1/2 inch capped rebar set,
stamped “RPLS 6578” at the most Northern Northwest corner of the herein described tract;
THENCE North 88 deg. 20 min. 33 sec. East, continuing over and across said Risland Mantua
2,304.493 ac., passing the Northwest edge and re-entering the pavement of said County Road 290, and
continuing on said course along or near the center of said County Road 290 for a distance of 772.49 ft. to
a 1/2 inch rebar found in the West line of the 18.632 ac. tract of land conveyed to Mohammed Rehman,
recorded in Instrument No. 20210322000563200, said Official Public Records, in an East line of said
Risland Mantua 2,304.493 ac., in the West line of said W.P. Burns Survey and the East line of said John
Batterton Survey, at a Northeast corner of the herein described tract;
THENCE South 00 deg. 54 min. 38 sec. East, with the West line of both said Rehman 18.632 ac. and
W.P. Burns Survey and the East line of both said Risland Mantua 2,304.493 ac. and John Batterton Survey,
a distance of 191.05 ft. to a 1/2 inch rebar found in the center of a draw, at the Southwest corner of said
Rehman 18.632 ac. and an Ell corner of the herein described tract;
THENCE Southeasterly, with the center of a draw and creek, with the South line of said Rehman
18.632 ac. and the West line of Lots 1 and 3 of Triple I Ranch Addition to the Collin County, Texas,
recorded in Instrument No. 2003-0183169, Map Records, Collin County, Texas, and the North and East
lines of said Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 85 deg. 33 min. 48 sec. East, a distance of 38.17 ft.;
2. South 56 deg. 34 min. 17 sec. East, a distance of 114.66 ft.;
3. South 73 deg. 39 min. 14 sec. East, a distance of 29.10 ft.;
4. North 80 deg. 55 min. 30 sec. East, a distance of 49.80 ft.;
5. North 84 deg. 10 min. 17 sec. East, a distance of 35.20 ft.;
6. South 71 deg. 30 min. 51 sec. East, a distance of 6.41 ft.;
7. South 23 deg. 37 min. 31 sec. East, a distance of 11.94 ft.;
Page 7 of 10
8. South 48 deg. 57 min. 54 sec. East, a distance of 22.31 ft.;
9. South 78 deg. 22 min. 44 sec. East, a distance of 11.77 ft.;
10. South 44 deg. 57 min. 16 sec. East, a distance of 23.99 ft.;
11. South 72 deg. 03 min. 20 sec. East, a distance of 36.45 ft.;
12. North 83 deg. 45 min. 09 sec. East, a distance of 60.49 ft.;
13. South 45 deg. 51 min. 25 sec. East, a distance of 42.03 ft.;
14. South 88 deg. 20 min. 49 sec. East, a distance of 17.06 ft.;
15. South 70 deg. 55 min. 50 sec. East, a distance of 17.71 ft.;
16. North 79 deg. 53 min. 05 sec. East, a distance of 13.68 ft.;
17. North 62 deg. 26 min. 21 sec. East, a distance of 46.40 ft.;
18. North 43 deg. 42 min. 20 sec. East, a distance of 14.49 ft.;
19. North 13 deg. 18 min. 36 sec. East, a distance of 11.48 ft.;
20. North 82 deg. 07 min. 05 sec. East, a distance of 10.03 ft.;
21. South 86 deg. 09 min. 24 sec. East, a distance of 11.23 ft.;
22. South 49 deg. 44 min. 51 sec. East, a distance of 13.10 ft.;
23. South 70 deg. 30 min. 13 sec. East, a distance of 13.52 ft.;
24. South 84 deg. 22 min. 03 sec. East, a distance of 23.33 ft.;
25. South 35 deg. 35 min. 31 sec. East, a distance of 20.91 ft.;
26. South 84 deg. 29 min. 02 sec. East, a distance of 15.59 ft.;
27. South 51 deg. 00 min. 33 sec. East, a distance of 27.17 ft.;
28. South 78 deg. 25 min. 01 sec. East, a distance of 15.92 ft.;
29. North 58 deg. 51 min. 30 sec. East, a distance of 16.62 ft.;
30. South 49 deg. 41 min. 08 sec. East, a distance of 32.18 ft.;
31. South 29 deg. 08 min. 01 sec. East, a distance of 14.80 ft.;
32. South 05 deg. 40 min. 16 sec. East, a distance of 30.35 ft.;
33. South 51 deg. 27 min. 12 sec. East, a distance of 16.84 ft.;
34. North 55 deg. 07 min. 54 sec. East, a distance of 35.31 ft.;
35. North 89 deg. 52 min. 19 sec. East, a distance of 29.08 ft.;
36. South 31 deg. 29 min. 55 sec. East, a distance of 19.97 ft.;
37. South 47 deg. 09 min. 08 sec. East, a distance of 27.66 ft.;
38. South 18 deg. 55 min. 35 sec. East, a distance of 20.76 ft.;
39. South 63 deg. 16 min. 02 sec. East, a distance of 9.33 ft.;
40. North 87 deg. 41 min. 54 sec. East, a distance of 12.80 ft.;
41. North 49 deg. 59 min. 39 sec. East, a distance of 43.53 ft.;
42. North 77 deg. 10 min. 32 sec. East, a distance of 43.67 ft.;
43. South 57 deg. 38 min. 18 sec. East, a distance of 10.00 ft.;
44. South 05 deg. 42 min. 20 sec. East, a distance of 16.81 ft.;
45. South 42 deg. 16 min. 02 sec. East, a distance of 18.23 ft. at the centerline intersection of draw
and creek;
46. South 06 deg. 44 min. 28 sec. West, a distance of 37.06 ft.
47. South 38 deg. 50 min. 25 sec. East, a distance of 22.72 ft.;
48. North 57 deg. 28 min. 10 sec. East, a distance of 27.21 ft.;
49. South 50 deg. 28 min. 32 sec. East, a distance of 39.42 ft.;
50. South 16 deg. 41 min. 39 sec. West, a distance of 23.29 ft.;
51. South 23 deg. 04 min. 58 sec. East, a distance of 57.84 ft.;
52. South 49 deg. 49 min. 02 sec. West, a distance of 11.63 ft.;
53. North 64 deg. 30 min. 49 sec. West, a distance of 30.50 ft.;
54. South 50 deg. 42 min. 11 sec. West, a distance of 13.78 ft.;
55. South 15 deg. 45 min. 26 sec. East, a distance of 89.36 ft.;
56. South 10 deg. 53 min. 35 sec. West, a distance of 43.60 ft.;
57. South 12 deg. 28 min. 08 sec. East, a distance of 31.05 ft.;
58. South 88 deg. 00 min. 34 sec. West, a distance of 34.12 ft.;
59. South 56 deg. 01 min. 46 sec. West, a distance of 51.74 ft.;
60. North 84 deg. 06 min. 45 sec. West, a distance of 43.29 ft.;
61. South 16 deg. 45 min. 37 sec. West, a distance of 21.78 ft.;
62. South 18 deg. 30 min. 22 sec. East, a distance of 15.05 ft.;
63. South 70 deg. 51 min. 54 sec. East, a distance of 17.06 ft.;
64. North 77 deg. 40 min. 40 sec. East, a distance of 15.14 ft.;
65. South 63 deg. 09 min. 50 sec. East, a distance of 20.43 ft.;
66. South 27 deg. 41 min. 10 sec. East, a distance of 19.98 ft.;
67. South 31 deg. 30 min. 58 sec. West, a distance of 9.86 ft.;
68. South 83 deg. 47 min. 46 sec. West, a distance of 51.58 ft.;
Page 8 of 10
69. South 38 deg. 54 min. 19 sec. East, a distance of 29.87 ft.;
70. South 07 deg. 53 min. 15 sec. West, a distance of 13.82 ft.;
71. North 65 deg. 47 min. 39 sec. West, a distance of 19.26 ft.;
72. North 78 deg. 08 min. 54 sec. West, a distance of 76.63 ft.;
73. South 08 deg. 27 min. 48 sec. East, a distance of 53.59 ft.;
74. South 20 deg. 42 min. 26 sec. West, a distance of 26.91 ft.;
75. South 25 deg. 09 min. 45 sec. East, a distance of 31.09 ft.;
76. South 00 deg. 12 min. 02 sec. West, a distance of 31.14 ft.;
77. South 71 deg. 20 min. 53 sec. East, a distance of 29.06 ft.;
78. South 18 deg. 54 min. 03 sec. East, a distance of 13.15 ft.;
79. South 32 deg. 18 min. 04 sec. West, a distance of 25.49 ft.;
80. South 72 deg. 43 min. 07 sec. West, a distance of 15.31 ft.;
81. North 64 deg. 42 min. 33 sec. West, a distance of 23.37 ft.;
82. South 63 deg. 34 min. 24 sec. West, a distance of 18.33 ft.;
83. South 10 deg. 14 min. 08 sec. West, a distance of 43.90 ft.;
84. South 26 deg. 13 min. 56 sec. West, a distance of 34.33 ft.;
85. South 27 deg. 13 min. 02 sec. East, a distance of 20.15 ft.;
86. South 49 deg. 22 min. 10 sec. East, a distance of 24.64 ft.;
87. North 69 deg. 07 min. 38 sec. East, a distance of 21.11 ft.;
88. North 32 deg. 40 min. 48 sec. East, a distance of 40.78 ft.;
89. North 52 deg. 43 min. 43 sec. East, a distance of 44.54 ft.;
90. South 79 deg. 02 min. 31 sec. East, a distance of 17.91 ft.;
91. South 25 deg. 14 min. 13 sec. East, a distance of 10.50 ft.;
92. South 36 deg. 33 min. 49 sec. West, a distance of 45.96 ft.;
93. South 18 deg. 38 min. 57 sec. East, a distance of 60.30 ft.;
94. South 23 deg. 11 min. 17 sec. West, a distance of 22.34 ft.;
95. South 12 deg. 06 min. 39 sec. East, a distance of 59.69 ft.;
96. South 10 deg. 53 min. 13 sec. West, a distance of 48.67 ft.;
97. South 18 deg. 15 min. 42 sec. East, a distance of 38.78 ft.;
98. South 49 deg. 42 min. 55 sec. West, a distance of 38.39 ft.;
99. South 12 deg. 09 min. 41 sec. West, a distance of 41.04 ft.;
100. South 18 deg. 18 min. 43 sec. East, a distance of 46.98 ft.;
101. South 36 deg. 12 min. 31 sec. East, a distance of 41.45 ft.;
102. South 04 deg. 18 min. 51 sec. West, a distance of 40.66 ft.;
103. South 17 deg. 20 min. 59 sec. East, a distance of 18.23 ft.;
104. South 71 deg. 38 min. 45 sec. East, a distance of 27.15 ft.;
105. South 42 deg. 57 min. 19 sec. East, a distance of 11.61 ft.;
106. South 44 deg. 03 min. 41 sec. West, a distance of 29.44 ft.;
107. South 59 deg. 56 min. 34 sec. West, a distance of 26.44 ft.;
108. South 47 deg. 10 min. 58 sec. West, a distance of 23.76 ft.;
109. South 31 deg. 19 min. 02 sec. West, a distance of 37.17 ft.;
110. South 01 deg. 44 min. 52 sec. West, a distance of 35.97 ft. to a point at the Southwest corner
of said Lot 1 and an Ell corner of both said Risland Mantua 2,304.493 ac. and the herein
described tract;
THENCE North 87 deg. 26 min. 24 sec. East, with the South line of said Lot 1 and a North line
of said Risland Mantua 2,304.493 ac., passing a 1/2 inch capped rebar set, stamped “RPLS 6578” (for
witness) at 853.90 ft., and continuing on said course for a TOTAL distance of 953.68 ft. to a point in the
West bank of pond, at the Southeast corner of said Lot 1 and an Ell corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE Northerly and Northeasterly, with the West bank of pond, an East line of said Lot 1, the
East line of the 27.745 ac. tract of land conveyed to M&T Holding Company, LLC, recorded in Instrument
No. 20141105001213360, said Official Public Records, the South and East lines of the 16.952 ac. (Tract
1) tract of land conveyed to MJLA Adams, Ltd., recorded in Instrument No. 20110505000462580, said
Official Public Records, and the North and West lines of said Risland Mantua 2,304.493 ac., the following
calls and distances:
1. North 03 deg. 01 min. 38 sec. West, a distance of 565.00 ft.;
2. North 33 deg. 47 min. 24 sec. East, a distance of 475.00 ft.;
3. North 42 deg. 00 min. 46 sec. East, a distance of 350.00 ft.;
4. North 65 deg. 07 min. 09 sec. East, a distance of 500.00 ft.;
Page 9 of 10
5. North 20 deg. 08 min. 52 sec. East, a distance of 73.50 ft. to a 20 inch tree at bank of pond;
6. North 00 deg. 39 min. 26 sec. East, leaving said pond, a distance of 212.97 ft. to an angle point in
fence;
7. North 01 deg. 46 min. 16 sec. West, with the general course of a wire fence, a distance of 327.25
ft. to an angle point in fence;
8. North 01 deg. 36 min. 16 sec. West, with the general course of a wire fence, a distance of 474.99
ft. to an angle point in fence;
9. North 02 deg. 12 min. 44 sec. West, with the general course of a wire fence, passing an 8 inch tree
at fence corner (for witness) at 374.52 ft. and continuing on said course for a TOTAL distance of
412.36 ft. to a PK nail with metal flasher set in or near the center of County Road No. 372, a public
road, in the East line of said W.P. Burns Survey and the West line of said Jonas Whitaker Survey,
at the Northeast corner of said MJLA Adams 16.952 ac. and the most Northerly Northwest corner
of the herein described tract;
THENCE Easterly, along or near the center of said County Road 372, over and across said Risland
Mantua 2,304.493 ac., the following calls and distances:
1. North 49 deg. 39 min. 30 sec. East, a distance of 128.05 ft.;
2. North 57 deg. 41 min. 04 sec. East, a distance of 150.00 ft.;
3. North 74 deg. 45 min. 46 sec. East, a distance of 135.00 ft.;
4. North 89 deg. 48 min. 47 sec. East, a distance of 127.43 ft.;
5. South 86 deg. 46 min. 24 sec. East, a distance of 506.20 ft.;
6. South 87 deg. 57 min. 09 sec. East, a distance of 172.41 ft.;
7. South 77 deg. 53 min. 48 sec. East, a distance of 93.44 ft.;
8. South 63 deg. 12 min. 34 sec. East, a distance of 108.68 ft.;
9. South 63 deg. 13 min. 19 sec. East, a distance of 129.45 ft.;
10. South 67 deg. 28 min. 08 sec. East, a distance of 91.86 ft.;
11. South 69 deg. 30 min. 37 sec. East, a distance of 290.88 ft.;
12. South 86 deg. 32 min. 19 sec. East, a distance of 86.89 ft.;
13. North 53 deg. 44 min. 03 sec. East, a distance of 92.86 ft.;
14. North 36 deg. 53 min. 20 sec. East, a distance of 133.56 ft.;
15. North 34 deg. 02 min. 26 sec. East, a distance of 211.93 ft.;
16. North 32 deg. 02 min. 27 sec. East, a distance of 165.42 ft.;
17. North 37 deg. 58 min. 13 sec. East, a distance of 103.89 ft.;
18. North 69 deg. 36 min. 45 sec. East, a distance of 94.23 ft.;
19. South 75 deg. 13 min. 37 sec. East, a distance of 120.32 ft.;
20. South 69 deg. 40 min. 24 sec. East, a distance of 136.84 ft.;
21. South 67 deg. 26 min. 05 sec. East, a distance of 118.48 ft.;
22. South 72 deg. 05 min. 15 sec. East, a distance of 97.50 ft.;
23. South 87 deg. 33 min. 06 sec. East, a distance of 63.37 ft.;
24. North 86 deg. 07 min. 56 sec. East, a distance of 85.23 ft.;
25. North 86 deg. 33 min. 49 sec. East, a distance of 55.99 ft.;
26. North 87 deg. 25 min. 04 sec. East, a distance of 51.63 ft.;
27. North 89 deg. 27 min. 50 sec. East, a distance of 282.63 ft. to a PK nail set with metal flasher in
or near the center of said County Road 372, in the West right-of-way line of U.S. Highway No. 75
and the East line of said Risland Mantua 2,304.493 ac., at the most Northerly Northeast corner of
the herein described tract;
THENCE Southerly, with the West right-of-way line of said U.S. Highway No. 75 and an East line
said Risland Mantua 2,304.493 ac., the following calls and distances:
1. South 00 deg. 19 min. 57 sec. West, a distance of 157.21 ft. to a 5/8 inch aluminum capped rebar
found
2. South 07 deg. 56 min. 42 sec. West, a distance of 260.00 ft. to a 5/8 inch aluminum capped rebar
found;
3. South 13 deg. 01 min. 18 sec. West, a distance of 90.77 ft. to a 5/8 inch aluminum capped rebar
found;
4. South 13 deg. 19 min. 08 sec. East, a distance of 158.38 ft. to a 5/8 inch aluminum capped rebar
found;
5. South 06 deg. 40 min. 27 sec. West, a distance of 690.13 ft. to a 10 inch wood corner post;
6. South 27 deg. 29 min. 40 sec. West, a distance of 226.76 ft. to a 5/8 inch aluminum capped rebar
found;
Page 10 of 10
7. North 88 deg. 16 min. 00 sec. West, a distance of 27.13 ft. to a 5/8 inch aluminum capped rebar
found;
8. South 01 deg. 31 min. 42 sec. East, a distance of 99.77 ft. to a 1/2 inch capped rebar found, stamped
RPLS 6578”;
9. South 88 deg. 15 min. 12 sec. East, a distance of 76.93 ft. to a 5/8 inch rebar found;
10. South 19 deg. 29 min. 08 sec. East, a distance of 125.64 ft. to a 5/8 inch rebar found;
11. South 00 deg. 19 min. 57 sec. West, a distance of 92.58 ft. to a 5/8 inch rebar found;
12. South 10 deg. 47 min. 37 sec. East, a distance of 305.87 ft. to a 5/8 inch rebar found;
13. South 06 deg. 13 min. 39 sec. East, a distance of 402.64 ft. to a 5/8 inch rebar found;
14. South 01 deg. 22 min. 49 sec. East, a distance of 299.50 ft. to a 5/8 inch aluminum capped rebar
found;
15. South 04 deg. 03 min. 47 sec. West, a distance of 588.55 ft. to a 5/8 inch rebar found;
16. South 18 deg. 07 min. 48 sec. West, a distance of 100.58 ft. to a 1/2 inch capped rebar set, stamped
RPLS 6578”;
17. South 02 deg. 24 min. 25 sec. West, a distance of 293.51 ft. to a 5/8 inch rebar found;
18. South 01 deg. 18 min. 32 sec. East, a distance of 197.35 ft. to a 5/8 inch rebar found;
19. South 07 deg. 36 min. 33 sec. West, a distance of 295.70 ft. to a 5/8 inch aluminum capped rebar
found;
20. South 15 deg. 51 min. 34 sec. West, a distance of 202.09 ft. to a brass capped monument found;
21. South 07 deg. 39 min. 54 sec. West, a distance of 299.90 ft. to a brass capped monument found;
22. South 00 deg. 36 min. 24 sec. East, a distance of 202.34 ft. to a brass capped monument found;
23. South 07 deg. 35 min. 05 sec. West, a distance of 467.60 ft. to a brass capped monument found;
24. North 88 deg. 37 min. 42 sec. West, a distance of 15.83 ft. to a brass capped monument found;
25. South 00 deg. 49 min. 45 sec. West, a distance of 175.19 ft. to a brass capped monument found;
26. South 07 deg. 52 min. 40 sec. West, a distance of 113.17 ft. to a brass capped monument found;
27. South 88 deg. 30 min. 43 sec. West, a distance of 53.68 ft. to a brass capped monument found;
28. South 00 deg. 38 min. 27 sec. East, a distance of 69.59 ft. to a brass capped monument found;
29. North 89 deg. 26 min. 06 sec. East, a distance of 39.82 ft. to a brass capped monument found;
30. South 46 deg. 34 min. 09 sec. East, a distance of 4.94 ft. to a brass capped monument found;
31. South 07 deg. 38 min. 58 sec. West, a distance of 1,318.58 ft. to a brass capped monument found;
32. South 13 deg. 06 min. 56 sec. West, a distance of 200.42 ft. to a brass capped monument found;
33. South 07 deg. 01 min. 13 sec. West, a distance of 249.88 ft. to a brass capped monument found;
34. South 18 deg. 21 min. 18 sec. West, a distance of 584.03 ft. to a brass capped monument found;
35. South 07 deg. 40 min. 57 sec. West, a distance of 186.12 ft. to a brass capped monument found;
36. South 45 deg. 20 min. 37 sec. West, a distance of 79.29 ft. to a brass capped monument found;
37. South 83 deg. 25 min. 55 sec. West, a distance of 209.32 ft. to a brass capped monument found;
38. South 00 deg. 36 min. 48 sec. East, a distance of 56.51 ft. to a 5/8 inch aluminum capped rebar
found in the pavement of said County Road 370, the North line of both said Alam 16.215 ac. and
John Elliott Survey and the South line of said Henry Smith Survey, at the most Southerly Southeast
corner of both said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE South 89 deg. 11 min. 17 sec. West, with the pavement of said County Road 370, the North
line of both said Alam 16.215 ac. and John Elliott Survey and a South line of both said Mantua 2,304.493
ac. and Henry Smith Survey, a distance of 254.37 ft. to a 1/2 inch rebar found at an angle point;
THENCE South 88 deg. 36 min. 37 sec. West, continuing with the pavement of said County Road
370, the North line of both said Alam 16.215 ac. and John Elliott Survey and a South line of both said
Mantua 2,304.493 ac. and Henry Smith Survey, a distance of 375.33 ft. to the PLACE OF BEGINNING
and containing 694.344 ACRES of land.
Kate A. Wagner, R.P.L.S. No. 6578
September 8, 2022
Page 1 of 3
Exhibit A-1 Tract Two (92.667 ACRES)
SITUATED in the County of Collin, State of Texas, and being a part of the Henry Smith
Survey, Abstract No. 822, the J.C. Burge Survey, Abstract No. 106, and being a part of the 555.801 acre
tract of land (Tract B) conveyed from Viola Lordsmeer, L.P. to Risland Mantua, LLC by Special
Warranty Deed dated June 25, 2018 and recorded in Instrument No. 20180625000783630, Official
Public Records, Collin County, Texas, and being more particularly described by metes and bounds as
follows, to-wit:
BEGINNING at a 5/8 inch rebar found in the North line of both the Eli Witt Survey, Abstract
No. 997 and the D.R. Horton, LTD 275.00 acre tract of land conveyed by Instrument No.
20210212000310470, said Official Public Records and the South line of said J.C. Burge Survey, at the
Southwest corner of the 42.81 acre tract of land conveyed by Instrument No. 200610030014246640,
said Official Public Records, at a Southeast corner of said Risland Mantua 555.801 ac. and the most
Easterly Southeast corner of the herein described tract;
THENCE North 86 deg. 36 min. 27 sec. West, with the North line of both said Eli Witt Survey
and D.R. Horton, LTD 275.00 ac. and the South line of both said Burge Survey and Risland Mantua
555.801 ac., a distance of 774.67 ft. to a 1/2 inch rebar found, at the most Eastern Northeast corner of
said Henry Smith Survey, the Northwest corner of both said D.R. Horton 275.00 ac. and said Eli Witt
Survey, at an Ell corner of both said Risland Mantua 555.801 ac. and the herein described tract;
THENCE South 00 deg. 33 min. 34 sec. East, with the West line of both said Eli Witt Survey
and D.R. Horton, LTD 275.00 ac. and the East line of both said Henry Smith Survey and Risland
Mantua 555.801 ac., a distance of 509.75 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at the
most Southerly Southeast corner of the herein described tract; FROM which a ½ inch rebar found at the
most Southerly Southeast corner of said Risland Mantua 555.801 ac. bears South 00 deg. 33 min. 34 sec.
East, 4,146.43 ft.;
THENCE South 32 deg. 09 min. 36 sec. West, over and across Risland Mantua 555.801 ac., a
distance of 1,399.64 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” in the East right-of-way
line of U.S. Highway No. 75 and the West line of said Risland Mantua 555.801 ac., at the most
Southerly Southwest corner of the herein described tract;
THENCE in a Northeasterly direction, with the East line of said U.S. Highway No. 75 and West
lines of said Risland Mantua 555.801 ac., the following calls and distances:
1. North 09 deg. 09 min. 44 sec. East, a distance of 468.21 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578”;
2. North 04 deg. 48 min. 32 sec. East, a distance of 166.27 ft. to a brass capped
monument found;
3. North 08 deg. 00 min. 27 sec. East, a distance of 570.88 ft. to a 5/8 inch rebar
found;
4. North 07 deg. 33 min. 49 sec. East, a distance of 204.07 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578”;
5. North 04 deg. 56 min. 12 sec. East, a distance of 408.10 ft. to a 1/2 inch rebar
found;
6. North 08 deg. 50 min. 26 sec. East, a distance of 201.65 ft. to a 5/8 inch
aluminum capped rebar found;
7. North 03 deg. 46 min. 37 sec. West, a distance of 157.48 ft. to a 5/8 inch
aluminum capped rebar found;
8. North 02 deg. 24 min. 26 sec. East, a distance of 297.71 ft. to a 5/8 inch rebar
found;
9. North 01 deg. 17 min. 34 sec. West, a distance of 373.25 ft. to a 5/8 inch rebar
found;
10. North 03 deg. 24 min. 38 sec. East, a distance of 157.01 ft. to a 5/8 inch rebar
found;
Page 2 of 3
11. North 10 deg. 51 min. 17 sec. East, a distance of 626.29 ft. to a 5/8 inch rebar
found;
12. North 39 deg. 04 min. 49 sec. East, a distance of 143.29 ft. to a 5/8 inch rebar
found;
13. North 08 deg. 29 min. 33 sec. East, a distance of 132.69 ft. to a 5/8 inch
aluminum capped rebar found;
14. South 88 deg. 41 min. 18 sec. East, a distance of 29.74 ft. to a 5/8 inch
aluminum capped rebar found;
15. North 01 deg. 36 min. 08 sec. East, a distance of 109.73 ft. to a 5/8 inch
aluminum capped rebar found;
16. North 88 deg. 24 min. 26 sec. West, a distance of 31.11 ft. to a 5/8 inch
aluminum capped rebar found;
17. North 06 deg. 46 min. 11 sec. West, a distance of 159.76 ft. to a 1/2 inch capped
rebar found, stamped “RPLS 6578”;
18. North 34 deg. 41 min. 30 sec. West, a distance of 153.89 ft. to a 5/8 inch
aluminum capped rebar found;
19. North 06 deg. 06 min. 32 sec. West, a distance of 469.93 ft. to a 5/8 inch
aluminum capped rebar found;
20. North 14 deg. 15 min. 34 sec. West, a distance of 166.73 ft. to a 5/8 inch
aluminum capped rebar found;
21. North 00 deg. 20 min. 02 sec. East, a distance of 570.00 ft. to a 5/8 inch
aluminum capped rebar found;
22. North 02 deg. 17 min. 36 sec. East, a distance of 48.36 ft. to a ½ inch capped
rebar set, stamped “RPLS 6578” at the most Northerly Northwest corner of the
herein described tract, FROM which a 5/8 inch aluminum capped rebar found
at an angle point of said U.S. Highway No. 75 bears North 02 deg. 17 min. 36
sec. East, 331.91 ft.;
THENCE North 88 deg. 46 min. 19 sec. East, over and across said Risland Mantua
555.801 ac., a distance of 473.58 ft. to a 1/2 inch rebar found at the most Westerly Northwest
corner of the “called” 60.94 acre tract of land conveyed to LHJH Properties, Ltd., recorded in
Instrument No. 20061003001424620, said Official Public Records, an Ell corner of said
Mantua 555.801 ac. and the most Northerly Northeast corner of the herein described tract;
THENCE South 00 deg. 57 min. 02 sec. East, with a West line of said LHJH Properties “called”
60.94 ac., an East line of said Risland Mantua 555.801 ac., entering the pavement of County Road 374
and continuing with the pavement, a distance of 913.62 ft. to a PK nail set at an angle point;
THENCE South 00 deg. 56 min. 52 sec. East, continuing with the pavement of said County Road
374, a West line of said LHJH Properties “called” 60.94 ac. and an East line of said Risland Mantua
555.801 ac., a distance of 689.52 ft. to a 1/2 inch rebar found at the centerline intersection of said County
Road 374 with Mantua Road, a public road, at the most Westerly Southwest corner of said LHJH
Properties “called” 60.94 ac., at an Ell corner of both said Risland Mantua 555.801 ac. and the herein
described tract;
THENCE South 89 deg. 39 min. 31 sec. East, with the pavement of said Mantua Road, a South
line of said LHJH Properties “called” 60.94 ac. and a North line of said Risland Mantua 555.801 ac.,
leaving the pavement of said Mantua Road and continuing on said course for a distance of 755.15 ft. to a
1/2 inch rebar found at an Ell corner of said LHJH Properties “called” 60.94 ac. and a Northeast corner of
said Risland Mantua 555.801 ac., at the most Easterly Northeast corner of the herein described tract;
THENCE South 01 deg. 06 min. 31 sec. West, with a West line of said LHJH Properties “called”
60.94 ac., an East line of said Risland Mantua 555.801 ac., re-entering of the pavement of said Mantua
Road, continuing with and leaving the pavement of the same and continuing, passing the most Southerly
Southwest corner of said LHJH Properties “called” 60.94 ac. and the Northwest corner of said LHJH
Page 3 of 3
Properties 42.81 ac. and continuing now with a West line of said LHJH Properties 42.81 ac. for a
distance of 2,239.97 ft. to the PLACE OF BEGINNING and containing 92.667 ACRES of land.
Kate A. Wagner, R.P.L.S. No. 6578
September 8, 2022
Revised: February 16, 2023
EXHIBIT A-2-1, A-2-II and A-2-III
Metes and Bounds Descriptions of Liberty 75 Property
1
EXHIBIT A-2-I
MIDDLE TRACT
BEING a tract of land situated in the Henry Smith Survey, Abstract No. 822, City of Anna, Collin County,
Texas, and being a portion of a called 74.451-acre tract of land described in a deed to Liberty 75, LP, as
recorded in Instrument No. 2024000024415 of the Official Public Records of Collin County, Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at a brass disk TXDOT right of way monument found for the southerly corner of a
visibility clip at the westerly, southwest corner of said 74.451-acre tract, same being on the easterly right
of way line of U. S. Highway 75, a variable width right of way, as described in a called 9.306-acre tract of
land, conveyed to the State of Texas, as recorded in Instrument No. 20170920001260330 of the Official
Public Records of Collin County, Texas;
THENCE in a northerly direction, along the westerly line of said 74.451-acre tract and the easterly right
of way line of said U. S. Highway 75, the following:
North 43°05'07" West, along said visibility clip, a distance of 74.58 feet to a point for corner;
North 01°01'07" West, a distance of 669.59 feet to a point for corner, from which, a found brass
disk TXDOT right of way monument bears South 84°27’ East, 0.85 feet;
North 05°53'54" East, a distance of 300.13 feet to a point for corner, from which, a found brass
disk TXDOT right of way monument bears North 04°56’ East, 0.37 feet;
North 06°23'15" East, a distance of 700.16 feet to a brass disk TXDOT right of way monument
found for corner;
North 07°36'56" East, a distance of 123.96 feet to the POINT OF BEGINNING of the herein
described tract;
THENCE North 07°36'56" East, continuing along the westerly line of said 74.451-acre tract and the
easterly right of way line of said U. S. Highway 75, a distance of 976.04 feet to a point for corner, from
which, a found brass disk TXDOT right of way monument bears South 73°31’ East, 1.17 feet;
THENCE North 09°45'02" East, continuing along the westerly line of said 74.451-acre tract and the
easterly right of way line of said U. S. Highway 75, a distance of 94.61 feet to the northwest corner of said
74.451-acre tract, same being on the southeasterly line of a 170’ wide Texas Power & Light Easement as
recorded in Volume 1155, Page 356 & Volume 1306, Page 763, both of the Official Public Records of
Collin County, Texas, from which, a found 1/2-iron rod bears North 07°37’ East, 0.71 feet;
THENCE North 32°09'34" East, departing the easterly right of way line of said U. S. Highway 75, along
the northwest line of said 74.451-acre tract and the southeast line of said 170’ wide Texas Power & Light
Easement, a distance of 52.03 feet to a point for corner;
THENCE North 89°26'28" East, departing the northwest line of said 74.451-acre tract and the southeast
line of said 170’ wide Texas Power & Light Easement, crossing said 74.451-acre tract, a distance of 688.50
feet to a point for corner;
2
THENCE South 00°33'32" East, continuing across said 74.451-acre tract, a distance of 1,102.97 feet to a
point for corner;
THENCE South 89°26'28" West, continuing across said 74.451-acre tract, a distance of 872.33 feet to the
POINT OF BEGINNING and containing 20.064 acres of land, more or less.
1
EXHIBIT A-2-II
NORTH TRACT
BEING a tract of land situated in the Henry Smith Survey, Abstract No. 822, City of Anna, Collin County,
Texas, and being a portion of a called 74.451-acre tract of land described in a deed to Liberty 75, LP, as
recorded in Instrument No. 2024000024415 of the Official Public Records of Collin County, Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at a brass disk TXDOT right of way monument found for the southerly corner of a
visibility clip at the westerly, southwest corner of said 74.451-acre tract, same being on the easterly right
of way line of U. S. Highway 75, a variable width right of way, as described in a called 9.306-acre tract of
land, conveyed to the State of Texas, as recorded in Instrument No. 20170920001260330 of the Official
Public Records of Collin County, Texas;
THENCE in a northerly direction, along the westerly line of said 74.451-acre tract and the easterly right
of way line of said U. S. Highway 75, the following:
North 43°05'07" West, along said visibility clip, a distance of 74.58 feet to a point for corner;
North 01°01'07" West, a distance of 669.59 feet to a point for corner, from which, a found brass
disk TXDOT right of way monument bears South 84°27’ East, 0.85 feet;
North 05°53'54" East, a distance of 300.13 feet to a point for corner, from which, a found brass
disk TXDOT right of way monument bears North 04°56’ East, 0.37 feet;
North 06°23'15" East, a distance of 700.16 feet to a brass disk TXDOT right of way monument
found for corner;
North 07°36'56" East, a distance of 1,100.00 feet to a point for corner, from which, a found brass
disk TXDOT right of way monument bears South 73°31’ East, 1.17 feet;
North 09°45'02" East, continuing along the westerly line of said 74.451-acre tract and the easterly
right of way line of said U. S. Highway 75, a distance of 94.61 feet to the northwest corner of said
74.451-acre tract, same being on the southeasterly line of a 170’ wide Texas Power & Light
Easement as recorded in Volume 1155, Page 356 & Volume 1306, Page 763, both of the Official
Public Records of Collin County, Texas, from which, a found 1/2-iron rod bears North 07°37’ East,
0.71 feet;
THENCE North 32°09'34" East, departing the easterly right of way line of said U. S. Highway 75, along
the northwest line of said 74.451-acre tract and the southeast line of said 170’ wide Texas Power & Light
Easement, a distance of 52.03 feet to the POINT OF BEGINNING of the herein described tract;
THENCE North 32°09'34" East, continuing along the northwest line of said 74.451-acre tract and the
southeast line of said 170’ wide Texas Power & Light Easement, a distance of 1,273.79 feet to a point for
corner, from which, a 1/2-inch iron rod with an orange cap, stamped “RPLS 6578” bears North 32°09'34"
East, 74.00 feet;
THENCE South 00°33'32" East, continuing across said 74.451-acre tract, a distance of 1,071.69 feet to a
point for corner;
2
THENCE South 89°26'28" West, continuing across said 74.451-acre tract, a distance of 688.50 feet to the
POINT OF BEGINNING and containing 4.469 acres of land, more or less.
1
EXHIBIT A-2-III
SOUTH TRACT
BEING a tract of land situated in the Henry Smith Survey, Abstract No. 822, City of Anna, Collin County,
Texas, and being a portion of a called 74.451-acre tract of land described in a deed to Liberty 75, LP, as
recorded in Instrument No. 2024000024415 of the Official Public Records of Collin County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a brass disk TXDOT right of way monument found for the southerly corner of a visibility
clip at the westerly, southwest corner of said 74.451-acre tract, same being on the easterly right of way line
of U. S. Highway 75, a variable width right of way, as described in a called 9.306-acre tract of land,
conveyed to the State of Texas, as recorded in Instrument No. 20170920001260330 of the Official Public
Records of Collin County, Texas;
THENCE in a northerly direction, along the westerly line of said 74.451-acre tract and the easterly right
of way line of said U. S. Highway 75, the following:
North 43°05'07" West, along said visibility clip, a distance of 74.58 feet to a point for corner;
North 01°01'07" West, a distance of 669.59 feet to a point for corner, from which, a found brass
disk TXDOT right of way monument bears South 84°27’ East, 0.85 feet;
North 05°53'54" East, a distance of 300.13 feet to a point for corner, from which, a found brass
disk TXDOT right of way monument bears North 04°56’ East, 0.37 feet;
North 06°23'15" East, a distance of 700.16 feet to a brass disk TXDOT right of way monument
found for corner;
North 07°36'56" East, a distance of 123.96 feet to a point for corner;
THENCE North 89°26'28" East, departing the westerly line of said 74.451-acre tract and the easterly right
of way line of said U. S. Highway 75, crossing said 74.451-acre tract, a distance of 872.33 feet to a point
for corner;
THENCE South 00°33'32" East, continuing across said 74.451-acre tract, a distance of 1,787.92 feet to the
beginning of a non-tangent curve to the right with a radius of 790.00 feet, a central angle of 04°10'17", and
a chord bearing and distance of South 87°04'49" West, 57.50 feet;
THENCE in a westerly direction, continuing across said 74.451-acre tract, with said non-tangent curve to
the right, an arc distance of 57.52 feet to a point for corner;
THENCE South 89°09'58" West, continuing across said 74.451-acre tract, a distance of 427.84 feet to the
beginning of a tangent curve to the left with a radius of 1,260.00 feet, a central angle of 12°43'32", and a
chord bearing and distance of South 82°48'12" West, 279.27 feet;
THENCE in a westerly direction, continuing across said 74.451-acre tract, with said tangent curve to the
left, an arc distance of 279.85 feet to the beginning of a reverse curve to the right with a radius of 1,139.84
feet, a central angle of 06°32'52", and a chord bearing and distance of South 79°42'50" West, 130.19 feet;
2
THENCE in a westerly direction, continuing across said 74.451-acre tract, with said reverse curve to the
right, an arc distance of 130.26 feet to a point for corner on the westerly line of said 74.451-acre tract and
the easterly right of way line of said U. S. Highway 75;
THENCE North 84°51'36" West, along the westerly line of said 74.451-acre tract and the easterly right of
way line of said U. S. Highway 75, a distance of 61.90 feet to the POINT OF BEGINNING and containing
40.045 acres of land, more or less.
EXHIBIT A-3
Metes and Bounds Description of the Thornton
Property
Exhibit A-3 Thornton Tract
BEING a tract of land situated in the Joseph Britton Survey Survey, Abstract No. 72, Collin
County, Texas, and being all of a called 103-acre tract of land described in a deed to The Thornton
Family Trust, recorded in Instrument No. 20210430000877560, Official Public Records, Collin
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod found for the southeast corner of said 103-acre tract, common
to the westernmost southwest corner of a called 694.344-acre tract of land described as Tract
One in a deed to Liberty 800, LP, recorded in Instrument No. 2023000025691, said Official Public
Records, common to the northwest corner of a called 52.771-acre tract of land described in a
deed to Janis Real Estate, recorded in Instrument No. 2022040000632060, said Official Public
Records, common to the northeast corner of a called 103.991-acre tract of land described in a
deed to Mohammad Ali Monouchehripour, recorded in Volume 5200, Page 5012, Land Records,
Collin County, Texas, same also being in County Road No. 290 (public use right-of-way, no record
found);
THENCE South 89°51'39" West, departing said County Road No. 290 and with the common line
of said 103-acre tract and said 103.991-acre tract, a distance of 1,815.28 feet to a 1/2-inch iron
rod with plastic cap “Illegible” found for the northwest corner of said 103.991-acre tract, common
to the northeast corner of a called 11.000-acre tract of land described in a deed to Mathew T.
Benton, et ux, recorded in Instrument No. 20170316000337930, said Official Public Records;
THENCE South 89°46'58" West, with the common line of said 103-acre tract and said 11.000-
acre tract, a distance of 491.25 feet to a 5/8-inch iron rod with red plastic cap stamped “KHA” set
for the southwest corner of said 103-acre tract;
THENCE North 01°49'44" East, departing the northerly line of said 11.000-acre tract and with the
westerly line of said 103-acre tract and the easterly lines of a called 10.000-acre tract of land
described in a deed to Angela Reston, recorded in Instrument No. 20130816001163630, said
Official Public Records, and a called 45.002-acre tract of land described in a deed to Angela
Reston, recorded in Instrument No. 20130816001163610, said Official Public Records, and
generally along the center of County Road No. 289 (public use right-of-way, no record found), a
distance of 617.13 feet to a PK nail set for corner;
THENCE North 00°56'55" East, continuing with the westerly line of said 103-acre tract and the
easterly line of said 45.002-acre tract, and with the easterly line of a called 25.2172-acre tract of
land described in a deed to Shawn C. & Latricia G. Smith, recorded in Instrument No.
20210112000065970, said Official Public Records, and continuing generally along the center of
said County Road No. 289, a distance of 751.13 feet to a PK nail set for corner;
THENCE North 00°23'27" West, continuing with the westerly line of said 103-acre tract and the
easterly line of said 25.2172-acre tract, and with the easterly line of a called 9.213-acre tract of
land described in a deed to Timothy J. Kennedy and Thomas W. Kennedy, recorded in Instrument
No. 20140814000866610, said Official Public Records, and continuing generally along the center
of said County Road No. 289, a distance of 628.28 feet to a PK nail set for the northwest corner
of said 103-acre tract, common to the southwest corner of a called 105-acre tract of land described
in a deed to The Thornton Family Trust, recorded in Instrument No. 20210430000877690, said
Official Public Records;
THENCE North 89°12'22" East, departing the easterly line of said 9.213-acre tract and said
County Road No. 289, and with the northerly line of said 103-acre tract and the southerly lines of
said 105-acre tract and a called 40-acre tract of land described in a deed to The Thornton Family
Trust, recorded in Instrument No. 20210430000877470, said Official Public Records, and a called
2304.493-acre tract of land described as Tract F in a deed to Risland Mantua, LLC, recorded in
Instrument No. 20180625000783630, said Official Public Records and in Instrument No. 2018-
14251, Official Public Records, Grayson County, Texas, and generally along the center of County
Road No. 1101 (public use right-of-way, no record found), a distance of 2,235.58 feet to a PK nail
set for the northeast corner of said 103-acre tract, common an angle point in the southerly line of
said Tract F, same being on the westerly line of a called 10.669-acre tract of land described in a
deed to Delmore A.M. Church and Joyce Church, recorded in Volume 702, Page 585, said Land
Records, same also being the intersection of said County Road No. 1101 and the aforementioned
County Road No. 290;
THENCE South 01°14'56" East, departing the southerly line of said Tract F and with the common
line of said 103-acre tract and said 10.669-acre tract, and generally along the center of said
County Road No. 290, a distance of 890.33 feet to a PK nail set for the southwest corner of said
10.669-acre tract, common to the westernmost northwest corner of the aforementioned Tract
One, from which a PK nail found for witness bears North 75°05'07” West, 1.12 feet;
THENCE South 01°12'42" East, with the common line of said 103-acre tract and said Tract One,
and continuing generally along the center of said County Road No. 290, a distance of 1,130.95
feet to the POINT OF BEGINNING and containing 4,544,381 square feet or 104.325 acres of
land, more or less.
EXHIBIT A-4
Metes and Bounds Description of the Janis RE
Property
Exhibit A-4 Janis RE Tract
BEING a tract of land situated in the Zachariah Roberts Survey, Abstract No. 760, City of Anna,
Collin County, Texas, and being all of a called 52.771-acre tract of land, described in a Warranty
Deed to Janis Real Estate, recorded in Instrument No. 20220420000632060 of the Official Public
Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found in County Road 290, an apparent public use right of
way, no record found, for the northwest corner of said 52.771-acre tract, same being the westerly,
southwest corner of Tract One (called 694.334-acres), described in a deed to Liberty 800, LP,
recorded in Instrument No. 2023000025691 of the Official Public Records of Collin County, Texas
THENCE North 88°29'13" East, departing said County Road 290, along the northerly line of said
52.771-acre tract and a southerly line of said Tract One (called 694.334-acres), passing at a
distance of 22.66 feet, a found 1/2-inch iron rod, passing at a distance of 1,915.36 feet, a found
5/8-inch iron rod, continuing for a total distance of 1,940.95 feet to a point for corner in an
unnamed stream;
THENCE in a southeasterly direction, along a southwesterly line of said Tract One (called
694.334-acres), and along the meanders of said stream, the following:
South 33°10'55" East, a distance of 12.05 feet to a point for corner;
North 77°29'33" East, a distance of 63.05 feet to a point for corner;
South 31°24'12" East, a distance of 45.14 feet to a point for corner;
South 20°44'38" West, a distance of 41.43 feet to a point for corner;
South 51°05'09" East, a distance of 29.42 feet to a point for corner;
South 74°15'03" East, a distance of 25.54 feet to a point for corner;
North 89°23'21" East, a distance of 70.37 feet to a point for corner;
South 23°39'03" East, a distance of 52.95 feet to a point for corner;
South 67°42'02" East, a distance of 33.33 feet to a point for corner;
North 87°34'10" East, a distance of 28.77 feet to a point for corner;
North 72°45'56" East, a distance of 40.53 feet to a point for corner;
North 61°06'37" East, a distance of 35.06 feet to a point for corner;
North 70°57'23" East, a distance of 52.73 feet to a point for corner;
South 45°16'16" East, a distance of 161.75 feet to a point for corner;
South 78°02'53" East, a distance of 43.16 feet to a point for corner;
South 48°41'18" East, a distance of 61.75 feet to a point for corner;
South 26°20'00" East, a distance of 52.30 feet to a point for corner;
South 41°31'56" East, a distance of 71.58 feet to a point for corner;
South 61°04'09" East, a distance of 43.45 feet to a point for corner;
South 74°50'18" East, a distance of 51.31 feet to a point for corner;
South 67°40'27" East, a distance of 74.73 feet to a point for corner;
North 78°02'05" East, a distance of 27.52 feet to a point for corner;
North 55°10'00" East, a distance of 27.35 feet to a point for corner;
South 43°24'18" East, a distance of 52.01 feet to a point for corner;
South 11°56'26" East, a distance of 54.70 feet to a point for corner;
South 35°23'19" East, a distance of 27.58 feet to a point for corner;
North 76°58'39" East, a distance of 33.36 feet to a point for corner;
South 74°58'05" East, a distance of 33.79 feet to a point for corner;
North 84°50'03" East, a distance of 47.01 feet to a point for corner;
South 67°01'29" East, a distance of 30.31 feet to a point for corner;
South 25°25'26" East, a distance of 47.54 feet to a point for corner;
South 83°06'16" East, a distance of 148.71 feet to a point for corner;
South 27°26'38" East, a distance of 22.31 feet to a point for corner;
South 20°24'50" West, a distance of 33.05 feet to a point for corner;
South 81°00'45" West, a distance of 25.03 feet to a point for corner;
South 22°14'44" West, a distance of 25.85 feet to a point for corner;
South 71°22'19" East, a distance of 21.59 feet to a point for corner;
South 17°12'14" East, a distance of 18.36 feet to a point for corner;
South 43°03'46" West, a distance of 28.01 feet to a point for corner;
South 77°43'43" West, a distance of 16.69 feet to a point for corner;
South 53°06'48" West, a distance of 15.77 feet to a point for corner;
South 13°04'46" East, a distance of 18.22 feet to a point for corner;
South 86°18'51" East, a distance of 19.60 feet to a point for corner;
North 64°02'23" East, a distance of 41.91 feet to a point for corner;
South 87°03'39" East, a distance of 12.89 feet to a point for corner;
South 44°49'18" East, a distance of 31.14 feet to a point for corner;
South 72°20'36" East, a distance of 44.01 feet to a point for corner;
South 10°24'46" East, a distance of 17.30 feet to a point for corner;
South 50°40'12" West, a distance of 42.51 feet to a point for corner;
South 26°45'33" West, a distance of 14.91 feet to a point for corner;
South 22°54'12" East, a distance of 86.03 feet to a point for corner;
North 68°54'13" East, a distance of 27.87 feet to a point for corner;
South 83°50'31" East, a distance of 22.51 feet to a point for corner;
South 55°20'43" East, a distance of 26.96 feet to a point for corner;
South 30°12'42" West, a distance of 86.18 feet to a point for corner;
South 18°54'48" East, a distance of 46.25 feet to a point for corner;
South 70°40'03" East, a distance of 3.83 feet to the southeast corner of said 52.771-acre
tract, same being on the northerly line of a called 48.900-acre tract of land described in a
deed to Donna Gail Peeler, recorded in Volume 4972, Page 5535 of the Land Records of
Collin County, Texas;
THENCE South 88°38'34" West, departing said stream, along the southerly line of said 52.771-
acre tract and the northerly line of said 48.900-acre tract, a distance of 1,014.81 feet to a 1/2-inch
iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found for a southwest corner of
said 52.771-acre tract;
THENCE North 05°10'28" East, departing the northerly line of said 48.900-acre tract and along
an easterly line of said 52.771-acre tract, a distance of 536.25 feet to a 5/8-inch iron rod with a
plastic cap, stamped “NTS” found for a corner;
THENCE South 88°39'14" West, along a southerly line of said 52.771-acre tract, a distance of
644.48 feet to a 1/2-inch iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found
for corner;
THENCE South 03°09'12" East, along an easterly line of said 52.771-acre tract, a distance of
467.12 feet to a 1/2-inch iron rod with an unreadable plastic cap found for corner;
THENCE South 88°38'34" West, along a southerly line of said 52.771-acre tract, a distance of
1,253.06 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE North 00°58'35" West, along an easterly line of said 52.771-acre tract, a distance of
606.39 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE South 89°01'25" West, along a southerly line of said 52.771-acre tract, a distance of
455.00 feet to a MAG Nail found for the westerly, southwest corner of said 52.771-acre tract,
same being in aforesaid County Road 290;
THENCE North 00°58'35" West, along the westerly line of said 52.771-acre tract and along said
County Road 290, a distance of 389.53 feet to the POINT OF BEGINNING and containing 52.750
acres (2,297,787 square feet) of land, more or less.
EXHIBIT A-5
Metes and Bounds Description of the Janis Property
Exhibit A-5 Jay and Irene Janis Tract (16 ac)
BEING a tract of land situated in the Zachariah Roberts Survey, Abstract No. 760, City of Anna,
Collin County, Texas, and being a portion of a called 68.835-acre tract of land, described in a
Warranty Deed, recorded in County Clerk’s File No. 96-0069284 of the Official Public Records of
Collin County, Texas, and being more particularly described as follows:
BEGINNING at a MAG nail found in County Road 290, an apparent public use right of way, no
record found, for the southwest corner of said 52.771-acre tract, same being the northwest corner
of a called 48.900-acre tract of land described in a deed to Donna Gail Peeler, recorded in Volume
4972, Page 5535 of the Land Records of Collin County, Texas;
THENCE North 00°58'35" West, along the westerly line of said 68.835-acre tract and along said
County Road 290, a distance of 675.42 feet to a MAG Nail found for the westerly, southwest
corner of a called 52.771-acre tract of land, described in a Warranty Deed to Janis Real Estate,
recorded in Instrument No. 20220420000632060 of the Official Public Records of Collin County,
Texas;
THENCE North 89°01'25" East, departing the westerly line of said 68.835-acre tract and said
County Road 290, along a southerly line of said 52.772-acre tract, a distance of 455.00 feet to a
5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE South 00°58'35" East, along an easterly line of said 52.771-acre tract, a distance of
606.39 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE North 88°38'34" East, along a southerly line of said 52.771-acre tract, a distance of
1,253.06 feet to a 1/2-inch iron rod with an unreadable plastic cap found for corner;
THENCE North 03°09'12" West, along an easterly line of said 52.771-acre tract, a distance of
467.12 feet to a 1/2-inch iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found
for corner;
THENCE North 88°39'14" East, along a southerly line of said 52.771-acre tract, a distance of
644.48 feet to a 5/8-inch iron rod with a plastic cap, stamped “NTS” found for corner;
THENCE South 05°10'28" West, along an easterly line of said 52.771-acre tract, a distance of
536.25 feet to a 1/2-inch iron rod with a plastic cap, stamped “PRECISE LAND SURVEY” found
for a southwest corner of said 52.771-acre tract, same being on the southerly line of said 68.835-
acre tract and the northerly line of said 48.900-acre tract;
THENCE South 88°38'34" West, along the southerly line of said 68.835-acre tract and the
northerly line of said 48.900-acre tract, a distance of 2,277.35 feet to the POINT OF BEGINNING
and containing 16.348 acres (712,115 square feet) of land, more or less.
EXHIBIT B
Depiction of the Property
LIBERTY HILLS - ANNA, TEXASJANUARY2024
ZONING DISTRICT MAP - EXHIBIT B
EXISTING
LAKE
EXISTING GOLF
EXISTING
LAKE
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY DETACHED
GARDEN HOME
ALLOWED USES:
MU, MF, C-1, C-2
ALLOWED USES:
C-1, C-2
ALLOWED USES:
C-1, C-2, MU
ALLOWED USES:
C-1, C-2, I-1, I-2, MF, MU
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY DETACHED
GARDEN HOME,
MD-SINGLE-FAMILY ATTACHED,
DUPLEX, MF
ALLOWED USES:
C-1, C-2, MF, MU
ALLOWED USES:
MF, C-1, C-2, MU
ALLOWED USES:
C-1, C-2, MF, MU
ALLOWED USES:
C-1, C-2, MF, MU,
I-1, I-2
ALLOWED USES:
C-1, C-2, MF, MU,
I-1, I-2
ALLOWED USES:
MF, C-1, C-2, MU
ALLOWED USES:
MF, C-1, C-2, MU
ALLOWED USES:
I-1, I-2. C-1, C-2,
MF, MU
ALLOWED USES:
C-1, C-2
ALLOWED USES:
MF, MU, C-1, C-2
ALLOWED USES:
C-1, C-2, I-1, I-2,
MF, MU
ALLOWED USES:
MU, MF, C-1, C-2
ALLOWED USES:
C-1, C-2
ALLOWED USES:
C-1, C-2, I-1, I-2
ALLOWED USES:
C-1, C-2, MU
ALLOWED USES:
C-1, C-2, I-1, I-2, MF, MU
ALLOWED USES:
C-1, C-2, MF, MU
ALLOWED USES:
MF, C-1, C-2, MU
ALLOWED USES:
C-1, C-2, MF, MU
ALLOWED USES:
MF, C-1, C-2, MU
ALLOWED USES:
I-1, I-2. C-1, C-2,
MF, MU
ALLOWED USES:
C-1, C-2
ALLOWED USES:
MF, MU, C-1, C-2
EXISTING GOLF
AMENITY
CENTER
ALLOWED USES:
C-1, C-2, MF, MU, MD
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN
HOME
AMENITY
CENTER
ALLOWED USES:
SF-8.4, SF-7.2, SF-6.0,
MD-SINGLE-FAMILY
DETACHED
GARDEN HOME
0’
Scale: 1”= 400’
800’1600’400’0’
Scale: 1”= 400’
800’1600’400’
GOLFEXTENSIONGOLFEXTENSION
US-75
NUS-75 NUS-75 NALLOWED USES:C-1,
C-2,
I-1, I-2 ALLOWED USES:C-1,
C-2,
I-1,
I-2, MF, MU ALLOWED USES:
C-1, C-2,
MF, MU,
I-1, I-2 ALLOWED USES:
C-1, C-2,
EXHIBIT C
Illustrative Layout
LIBERTY HILLS - ANNA, TEXASJANUARY2024
0’
Scale: 1”= 400’
800’1600’400’
1.8 AC)
5.2 AC)
6.5 AC)
28.8 AC)
25.5 AC)
EXISTING
LAKE
8.8 AC)
OPEN
SPACE
22.1 AC)
8.47 AC)
17.0 AC)
44.0 AC)
GOLF EXTENSION
EXISTING GOLF
33.1 AC)
20.0 AC)
40.0 AC)
25.5 AC)
5.3 AC)
5.8 AC)
51.3 AC)
65.2 AC)
15.0 AC)
14.4 AC)
31.8 AC)
15.8 AC)
52.8 AC)
16.1 AC)
EXISTING
LAKE
FIRE STATION (4.1 AC)
GOLF EXTENSION
EXISTING GOLF
ILLUSTRATIVE LAYOUT - EXHIBIT E
22.1 AC)
22.9 AC) (12.8 AC) (11.0 AC)
53.1 AC)
8.65 AC)
2.3 AC)
2.6 AC)
13.8 AC)
EXISTING
LAKE
OPEN
SPACE
GOLF EXTENSION
EXISTING GOLF
US-
75 NUS-75
NUS-75N0’
Scale: 1”= 400’
800’1600’400’
1.8 AC)
5.2 AC)
6.5 AC)
28.
8
AC)25.5
AC)
EXISTING
LAKE 8.8
AC)OPEN SPACE
22.1 AC)
8.47 AC)
17.0
AC)44.
0 AC)GOLF
EXTENSION EXISTING GOLF
33.1 AC)
20.
0
AC)40.0
AC)ROSAMOND CROSSING
25.5 AC)
5.3 AC)
5.8 AC)
51.3 AC)
65.2 AC)
15.0 AC)
14.4 AC)
31.8 AC)
15.8 AC)
52.
8
AC)16.
1 AC)
EXISTING LAKE GOLF
EXTENSION EXISTING GOLF22.1 AC)22.9 AC) (
12.8 AC) (
11.0 AC)
53.1 AC)
8.65 AC)
2.3
AC)2.6
AC)
AMENITY
CENTER
13.
8 AC)
EXISTING LAKE
OPEN
EXHIBIT D
Development Standards
1
EXHIBIT D
DEVELOPMENT REGULATIONS FOR LIBERTY HILLS
The permitted uses and standards for development of the Property shall be in accordance with the Single-
Family Residential District (SF-8.4), Single-Family Residential District (SF-7.2), Single-Family
Residential District (SF-6.0), Mixed-Density Residential District (MD - Single-Family Garden Home,
Single-Family Attached, Single-Family Duplex), Multi-Family Residential District (MF), Local
Commercial District (C-1), Regional Commercial District (C-2), Mixed-Use District (MU), Light Industrial
District (I-1), and Heavy Industrial District (I-2) of the Zoning Ordinance and applicable City Regulations,
except as amended and modified in these Development Regulations and this Agreement including without
limitation the City’s Planning and Development Regulations.
Disclaimer: Zoning Ordinance modifications set forth herein are specifically related to the Property
associated with this Development Agreement and shall not apply to any additional areas within or outside
of the city limits.
Illustrative Layout; Conflicts and Terms.
1. Development shall generally comply with Exhibit C – “Illustrative Layout”. Where there is a
conflict between the Illustrative Layout and these Development Regulations, these
Development Regulations shall control.
2. Changes to the Illustrative Layout which do not significantly alter the basic relationship of the
proposed single-family development area to adjacent property and which do not significantly
alter the uses permitted or significantly increase the density, building height, or coverage of the
site and which do not significantly decrease the off-street parking ratio, reduce the yards
provided at the boundary of the site, all as indicated in these Development Regulations, may
be authorized by the Director of Development Services or his/her designee when the revised
Concept Plan generally conforms to the intent of the original Planned Development.
Significant changes to the Illustrative Plan shall be approved by City Council. A Concept Plan
will be required as part of the zoning process and be approved by City council. Where there is
a conflict between the Illustrative Layout and the Concept Plan, the concept Plan shall control.
3. These Development Regulations and the City’s Ordinances in effect at the time these
Development Regulations were prepared shall control development of the project. Where there
is a conflict between these Development Regulations and the City’s Zoning Ordinance, these
Development Regulations shall control. Upon approval of a Planned Development District in
accordance with these Development Regulations, the Planned Development shall control.
4. Terms that are not defined in these Development Regulations shall have the meanings ascribed
to such terms in the City’s Zoning Ordinance or the Development Agreement, as applicable.
When there is a conflict between the City’s Zoning Ordinance and the Development
2
Agreement, the Development Agreement shall control.
5. Allowable land uses are identified on Exhibit B – “Zoning District Map” of the Development
Agreement.
6. Multi-family residential units shall be setback a minimum of 200’ from the approximate
centerline of U.S. Highway 75. Single-family residential uses shall be setback a minimum of
800’ from the approximate centerline of U.S. Highway 75.
A. Multi-family residential includes multi-family dwellings and dwellings within
mixed-use buildings, and live-work units,
B. Single-family uses include attached and detached single-family dwellings, two
family dwellings, single-unit or duplex-unit park, and townhome units.
7. Maximum number of residential units (combined total of S-8.4, SF-7.2, SF-6.0, MF, MD, and
MU districts): 5,000 units.
A. Maximum number of MF and MU units 60%
B. Maximum number of Single-Family and MD units 40%
i. Maximum number of MD units 30%
ii. Maximum number of SF-6.0 units 45%
iii. Minimum number of SF-7.2 units 20%
iv. Minimum number of SF-8.4 units 58
Lot sizes may be mixed within each area to provide additional options and character to the project.
8. Fencing:
A. All fences backing or siding onto Standridge Boulevard, Mantua Parkway, CR 290
and CR 289 shall be solid masonry construction.
B. All fences backing or siding on to creek corridors (greenbelts), linear park areas,
or open space areas shall be ornamental metal fences, such as wrought iron or tubular
steel. All wood privacy fencing between residences shall be at least six feet in height.
Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited.
C. All fences backing or siding on to pocket parks, common areas and the project
perimeter shall be uniform wood (board on board) construction measuring at least six
feet in height.
D. Allowable fencing materials are further identified on Exhibit D-1– “Fence Exhibit”
of these Development Standards.
9. A minimum 20-foot-wide common area tract to be owned and maintained by the homeowners’
association will be required along both sides of Mantua Parkway, Standridge Boulevard, CR
290 and CR 289 as shown on the Illustrative Layout. Within the 20-foot-wide common area
tract, Developer shall be required to plant one large tree (minimum of three-inch caliper and
3
seven feet height at the time of planting) per 50 linear feet of screening wall and one ornamental
tree per 30 feet of screening wall. Trees may be grouped or clustered to facilitate site design.
10. Private Amenities:
A. The creek corridors (greenbelts), pocket parks, and linear park areas shall be
provided in the general locations shown on the Illustrative Layout; provided, however,
that the final locations of the greenbelt, pocket parks and linear park areas shall be
determined at the time of Concept Plan approval and may be approved in phases per
platting approval. The Director of Development Services or his/her designee is
authorized to administratively approve modifications to the locations of the creek
corridors, pocket parks and linear park areas during the platting stage or the permitting
stage. Developer may receive credit against Park Development and Park Dedication
Fees for these areas as set forth in the Development Agreement.
B. The location of the trail system shall be in general conformance with the
Illustrative Layout; provided, however, that the final locations of the trail system
shall be determined at the time of civil engineering plan approval and may be
approved in phases per platting approval. The Director of Development Services or
his/her designee is authorized to administratively approve modifications to the
locations of the trail system during the platting stage or the permitting stage.
C. Two private amenity center facilities shall be provided as part of the single-
family development in the general locations shown on the Illustrative Layout.
11. Public Parks and Amenities:
A. The creek corridors (greenbelts), linear park areas and trail system shown on the
Illustrative Layout shall be accessible and open to the general public. Upon approval
of the Park Board, City Council, and City staff of park land dedication documents and
construction plans for park amenities and trail system improvements in-line with the
Anna 2050 Parks, Open Space, Trails, & Recreation Master Plan, the Developer will
receive credit against Park Development and Park Dedication Fees for these areas as
set forth in the Development Agreement.
12. Infrastructure Improvements: As shown on the Illustrative Layout Mantua Parkway shall be
dedicated with a 120’ R.O.W. as a 6 lane divided principal arterial; Rosamond Parkway shall
be dedicated with a 120’ R.O.W. as a 6 lane divided principal arterial; Standridge Parkway
shall be dedicated with a 90’ R.O.W. as a 4 lane divided arterial; Buddy Hayes Boulevard,
between Rosamond Parkway and Mantua Parkway, shall be dedicated with an 80’ R.O.W. as
a 4 lane undivided arterial; Buddy Hayes Boulevard, north of Mantua Parkway, shall be
dedicated with an 80’ R.O.W. as a 4 lane undivided arterial; CR 289 shall be dedicated with a
120’ R.O.W. as a 6 lane divided principal arterial; CR 290 shall be dedicated with a 60’ R.O.W.
4
as a 2 lane undivided minor collector; and CR 371, west of Buddy Hayes Boulevard, shall be
dedicated with a 60’ R.O.W. as a 2 lane undivided minor collector.
5
ARTICLE 9.02 SUBDIVISION REGULATIONS
For the purpose of this document, Deletions of certain regulation provisions that are not applicable are
indicated in strikethrough text and Additions or Changes (i.e., added or revised development standards that
are in addition to or differ from existing regulation provisions) are indicated with Green text.)
1. Sec. 9.02.086 Sidewalks
a) Provided in Residential and Nonresidential Areas
1) Pedestrian concrete walkways (sidewalks) not less than the following width shall
be provided along both sides of newly constructed streets as follows:
Street Type Sidewalk Width
Arterial 6 feet
Divided and undivided collector 6 feet
Neighborhood collector 6 feet
Local residential 6 feet 5 feet
2) Construction standards for sidewalks shall be as set forth in the City’s design
standards.
3) Concrete trails identified on the Illustrative Layout shall be 10 feet wide.
6
ARTICLE 9.03 DESIGN STANDARDS
1. Sec. 2 Streets
Table 2.1 GEOMETRIC DESIGN STANDARDS
Design
Element
Principal
Arterial
Divided
Minor
Arterial
Divided
Minor
Arterial
Undivided
Major
Collector
Undivided
Minor
Collector
Undivided
Local
Number of
Traffic Lanes
6 4 4 4 2 2
Maximum
Lane Width
Feet)
12 12 12 11 11+ 15
Minimum RW
Width *
Feet)
120 90 80 80 60 50
Design Speed
MPH)
45 40 40 40 35 25
Stopping Sight
distance (Feet)
400 325 325 325 325 325
Median Width
Feet)
16 14 14 - - -
Minimum
Lateral
Clearance
feet)
6 6 6 6 6 -
Parking
Permitted
No No No No Com. Some /
Res. Yes
Res. Yes
Minimum
Horizontal
Centerline
Curvature
Feet)
1200 850 850 Com. 700
Res. 600
Com. 500
Res. 350
Res. 200
Elbow 50’
RIGHT-OF-WAY REQUIREMENTS FOR STATE HIGHWAY AND/OR THE PROVISION OF RIGHT
TURN LANES OR OTHER INTERSECITON IMPROVMEENTS MAY EXCEED THIS MINIMUM RW
STANDARDS.
LARGER MEDIANS MAY BE REQUIRED TO PROVDE FOR MULTIPLE TURN LANES.
LOCAL RESIDNETIAL CULD-DE-SACS SHALL HAVE A MINIMUM RW RADIUS OF FIFTY FEET
50’).
7
ARTICLE 9.04 ZONING ORDINANCE
1. Sec. 9.04.014 Single-Family Residential (SF-8.4) District
c) Dimensional Standards. Development in the Single-Family Residential (SF-8.4) district
shall follow Table 7: Single-Family Residential (SF-8.4) District Dimensional Standards.
Table 7: Single-Family Residential (SF-8.4) District Dimensional Standards
Single-Family Residential (SF-8.4) District Dimensional Standards
Lot Requirements
A Lot Area (min.) 8,400square feet 1
B Lot Width (min.) 70 feet
C Lot Depth (min.) 120 feet 1
D Lot Coverage (max.) 50% 65%1
Setback Requirements
E Front Yard (min.) 15 feet 2
F Rear Yard (min.) 20 feet 3
G Side Yard (min.) 7 5 feet
H Corner Side Yard (min.) 15 feet
Building Requirements
I Building Height (max.) 35 feet
J Minimum Building Square
Footage4
100% - 2,200 sf
50% - 2,800 sf
Additional Applicable Requirements within the Zoning Ordinance
Sec. 9.04.041 – Dimensional Regulations
Sec. 9.04.042 – Site Design Requirements
Sec. 9.04.043 – Parking
Sec. 9.04.044 – Loading
Sec. 0.04.045 - Landscaping
Sec. 9.04.046 – Screening and Fencing
Sec. 9.04.047 – Outdoor Lighting
Sec. 9.04.048 – Trash
Sec. 0.04.049 – Performance Standards
1 For lots located in cul-de-sacs or at knuckles lot area shall be reduced to 7,000
square feet; lot depth shall be reduced to 100 feet; and lot coverage shall be
increased to 70%.
2 Front facing garage doors shall be no closer than 20 feet from the front
property line.
3 Covered, non-enclosed patios may encroach up to 5’.
4 Minimum Building Square Footage shall mean the net internal building square
footage of air-conditioned interior space.
8
2. Sec. 9.04.015 Single-Family Residential (SF-7.2) District
c) Dimensional Standards. Development in the Single-Family Residential (SF-7.2) district
shall follow Table 8: Single-Family Residential (SF-7.2) District Dimensional Standards.
Table 8: Single-Family Residential (SF-7.2) District Dimensional Standards
Single-Family Residential (SF-7.2) District Dimensional Standards
Lot Requirements
A Lot Area (min.) 7,200 square feet 1
B Lot Width (min.) 60 feet
C Lot Depth (min.) 120 feet 1
D Lot Coverage (max.) 50% 60% 1
Setback Requirements
E Front Yard (min.) 15 feet 2
F Rear Yard (min.) 20 feet 3
G Side Yard (min.) 5 feet
H Corner Side Yard (min.) 15 feet
Building Requirements
I Building Height (max.) 35 feet
J Minimum Building Square
Footage4
100% - 1,800 sf
75% - 2,200 sf
50% - 2,400 sf
Additional Applicable Requirements within the Zoning Ordinance
Sec. 9.04.041 – Dimensional Regulations
Sec. 9.04.042 – Site Design Requirements
Sec. 9.04.043 – Parking
Sec. 9.04.044 – Loading
Sec. 0.04.045 - Landscaping
Sec. 9.04.046 – Screening and Fencing
Sec. 9.04.047 – Outdoor Lighting
Sec. 9.04.048 – Trash
Sec. 0.04.049 – Performance Standards
1 For lots located in cul-de-sacs or at knuckles lot area shall be reduced to 7,000
square feet; lot depth shall be reduced to 100 feet; and lot coverage shall be
increased to 70%.
2 Front facing garage doors shall be no closer than 20 feet from the front
property line.
3 Covered, non-enclosed patios may encroach up to 5’.
4 Minimum Building Square Footage shall mean the net internal building square
footage of air-conditioned interior space.
9
3. Sec. 9.04.016 Single-Family Residential (SF-6.0) District
c) Dimensional Standards. Development in the Single-Family Residential (SF-6.0) district
shall follow Table 9: Single-Family Residential (SF-6.0) District Dimensional Standards.
Table 9: Single-Family Residential (SF-6.0) District Dimensional Standards
Single-Family Residential (SF-6.0) District Dimensional Standards
Lot Requirements
A Lot Area (min.) 6,000 square feet 1
B Lot Width (min.) 50 feet
C Lot Depth (min.) 120 feet 1
D Lot Coverage (max.) 50% 65% 1
Setback Requirements
E Front Yard (min.) 20 15 feet 2
F Rear Yard (min.) 20 feet 3
G Side Yard (min.) 5 feet
H Corner Side Yard (min.) 15 feet
Building Requirements
I Building Height (max.) 35 feet
J Minimum Building Square
Footage4
100% - 1,700 sf
75% - 2,000 sf
50% - 2,200 sf
Additional Applicable Requirements within the Zoning Ordinance
Sec. 9.04.041 – Dimensional Regulations
Sec. 9.04.042 – Site Design Requirements
Sec. 9.04.043 – Parking
Sec. 9.04.044 – Loading
Sec. 0.04.045 - Landscaping
Sec. 9.04.046 – Screening and Fencing
Sec. 9.04.047 – Outdoor Lighting
Sec. 9.04.048 – Trash
Sec. 0.04.049 – Performance Standards
1 For lots located in cul-de-sacs or at knuckles lot area shall be reduced to 7,000
square feet; lot depth shall be reduced to 100 feet; and lot coverage shall be
increased to 70%.
2 Front facing garage doors shall be no closer than 20 feet from the front
property line.
3 Covered, non-enclosed patios may encroach up to 5’.
4 Minimum Building Square Footage shall mean the net internal building square
footage of air-conditioned interior space.
10
4. Sec. 9.04.017 Mixed-Density Residential (MD) District
c) Dimensional Standards. Development in the Mixed-Density Residential (MD) district
shall follow Table 10: Mixed-Density Residential (MD) District Single-Family Garden
Home, Single-Family Attached, Duplex Dimensional Standards.
Table 10: Mixed-Density Residential (MD) District Dimensional Standards
Mixed-Density Residential (MD) District Single-Family Garden Home
Dimensional Standards
Lot Requirements
A Lot Area (min.) 4,500 4,800 square feet
B Lot Width (min.) 25 feet
C Lot Depth (min.) 80 feet
D Lot Coverage (max.) 60% 70%
Setback Requirements
E Front Yard (min.) 10 15 feet 1
F Rear Yard (min.) 10 20 feet 2
G Side Yard (min.) 5 feet
H Corner Side Yard (min.) 10 15 feet
Building Requirements
I Building Height (max.) 35 feet
J Minimum Building Square
Footage 3
100% - 1,500 sf
75% - 1,800 sf
50% - 2,000 sf
Additional Applicable Requirements within the Zoning Ordinance
Sec. 9.04.041 – Dimensional Regulations
Sec. 9.04.042 – Site Design Requirements
Sec. 9.04.043 – Parking
Sec. 9.04.044 – Loading
Sec. 0.04.045 - Landscaping
Sec. 9.04.046 – Screening and Fencing
Sec. 9.04.047 – Outdoor Lighting
Sec. 9.04.048 – Trash
Sec. 0.04.049 – Performance Standards
11
Mixed-Density Residential (MD) District Single-Family Attached
Dimensional Standards
Lot Requirements
A Lot Area (min.) 4,500 2,400 square feet per unit
B Lot Width (min.) 25 feet
C Lot Depth (min.) 80 70 feet
D Lot Coverage (max.) 60% 70%
Setback Requirements
E Front Yard (min.) 10 15 feet 1
F Rear Yard (min.) 10 15 feet 2
G Side Yard (min.) 5 0 feet / 10 feet between buildings or
10 feet for each end-unit lot
H Corner Side Yard (min.) 10 15 feet
Building Requirements
I Building Height (max.) 35 feet
J Minimum Building Square
Footage 3
1,800 square feet per unit
Additional Applicable Requirements within the Zoning Ordinance
Sec. 9.04.041 – Dimensional Regulations
Sec. 9.04.042 – Site Design Requirements
Sec. 9.04.043 – Parking
Sec. 9.04.044 – Loading
Sec. 0.04.045 - Landscaping
Sec. 9.04.046 – Screening and Fencing
Sec. 9.04.047 – Outdoor Lighting
Sec. 9.04.048 – Trash
Sec. 0.04.049 – Performance Standards
Mixed-Density Residential (MD) District Duplex
Dimensional Standards
Lot Requirements
A Lot Area (min.) 4,500 2,400 square feet per unit
B Lot Width (min.) 25 feet
C Lot Depth (min.) 80 feet
D Lot Coverage (max.) 60%
Setback Requirements
E Front Yard (min.) 10 15 feet 1
F Rear Yard (min.) 10 15 feet 2
G Side Yard (min.) 5 0 feet / 10 feet between buildings
H Corner Side Yard (min.) 10 15 feet
Building Requirements
I Building Height (max.) 35 feet
J Minimum Building Square
Footage 3
1,500 square feet per unit
Additional Applicable Requirements within the Zoning Ordinance
Sec. 9.04.041 – Dimensional Regulations
Sec. 9.04.042 – Site Design Requirements
Sec. 9.04.043 – Parking
Sec. 9.04.044 – Loading
Sec. 0.04.045 - Landscaping
Sec. 9.04.046 – Screening and Fencing
Sec. 9.04.047 – Outdoor Lighting
Sec. 9.04.048 – Trash
Sec. 0.04.049 – Performance Standards
1 Front facing garage doors shall be no closer than 20 feet from the front
property line.
2 Covered, non-enclosed patios may encroach up to 5’.
3 Minimum Building Square Footage shall mean the net internal building square
12
footage of air-conditioned interior space.
5. Sec. 9.04.018 Multi-Family Residential (MF) District
c) Dimensional Standards. Development in the Multi-Family Residential (MF) district shall
follow Table 11: Multi-Family Residential (MF) District Dimensional Standards.
Table 11: Multi-Family Residential (MF) District Dimensional Standards
Multi-Family Residential (MF) District Dimensional Standards
Lot Requirements
A Lot Area (min.) 5,000 square feet
B Lot Width (min.) 50 feet
C Lot Depth (min.) 120 90 feet
D Lot Coverage (max.) 50% 90%
Setback Requirements
E Front Yard (min.) 25 feet
F Rear Yard (min.) 20 feet
G Side Yard (min.) 10 5 feet
H Corner Side Yard (min.) 25 feet
Building Requirements
I Building Height (max.) 70 feet
Additional Applicable Requirements within the Zoning Ordinance
Sec. 9.04.041 – Dimensional Regulations
Sec. 9.04.042 – Site Design Requirements
Sec. 9.04.043 – Parking
Sec. 9.04.044 – Loading
Sec. 0.04.045 - Landscaping
Sec. 9.04.046 – Screening and Fencing
Sec. 9.04.047 – Outdoor Lighting
Sec. 9.04.048 – Trash
Sec. 0.04.049 – Performance Standards
d) Special Regulations.
1. Minimum lot areas for attached single-family and two-family dwellings shall be
2,400 square feet per dwelling unit.
2. Lot width for a lot containing attached single-family and two-family dwellings shall
be no less than 20 feet per ground floor unit plus side yard requirements.
3. No lot containing multi-family dwelling units shall contain less than 10,000 5,000
square feet.
4. No lot containing a Single-Unit or Duplex Unit Park shall contain less than 20,000
10,000 square feet.
5. No building in a Single-Unit or Duplex Unit Park, attached single-family dwelling,
two-family dwelling, or Townhome Unit shall exceed a height of 35 65 feet.
6. Any building with multiple stories and greater than 35 45 feet tall shall comply with
the regulations specified in Sec. 9.04.041(h).
7. When a multi-family dwelling exceeds one story in height, automatic sprinkler
system shall be installed in accordance with existing fire codes and each building
shall have two points of entry or exit.
8. The maximum density for a multi-dwelling is 25 units per acre.
9. The maximum density for a Townhome Unit or Single-Unit or Duplex Unit Park is
12 18 units per acre.
10. The corner side yard for “key lots” shall meet the minimum front yard setback
requirements.
13
6. Sec. 9.04.025 Thoroughfare Overlay (THOR) District
c) Dimensional Standards.
1) Building lots along a highway, as designated by the Master Thoroughfare Plan, shall
be a minimum of 0.75 one acre.
2) The nonresidential minimum lot width is 60100 feet.
3) The nonresidential minimum front yard setback is 50 feet (for front yards facing the
thoroughfare).
7. Sec. 9.04.028 Use Table
Table 19: Use Table
Land Use MF MU DT
ND
Use-Specific
Standards
Parking Standards
Multi-Family
Dwelling
P P S Sec.
9.04.029(c)
1/1 BRU; 2/2 & 3 BRU +0.25/Unit
for visitors (50 25% of required
parking is covered, not including
visitor parking)
Land Use I-1 I-2 Use-Specific
Standards
Parking Standards
Self Storage
Mini-
Warehouse)
P Sec. 9.04.035(b) 1/30 storage units
1/20,000 gross floor area
at least 5 spaces
required)
Land Use SF8.4 SF-
7.2
SF-
6.0
MD MF C-1 C-2 MU I-1 I-2
Radio, TV, or
Microwave
Operations,
Commercial
S S S S S P S P S P S P S P S P S P
8. Section 9.04.041 Dimensional Regulations
h) Stepback Regulations
1) Stepback regulations apply to all new building construction and all additions with
multiple stories and a height greater than 35 45 feet located adjacent to residential
zoning districts (SF-8.4, SF-7.2, SF-6.0, & MD) and existing single-family uses but
do not apply when an improved public street or railroad right-of-way separates the
new building construction from the existing residential zoning district or single-
family residential use.
14
2) A 25-foot stepback applies for each additional story after the second third story
exceeding 35 45 feet in height (See Figure 7: Stepback Exhibit).
9. Section 9.04.042 Site Design Requirements
c) Single-Family and Two-Family Residential Standards.
5) House Repetition.
A) Within residential developments, single-family and two-family dwellings 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.
6) Building Materials
A) Exteriors. The exterior of each primary residence on a Lot shall be constructed in
accordance with the Building Material Guidelines table below.
B) “Masonry” may include brick or stone stacked and mortared in place (stone means
granite, limestone, marble, or other naturally occurring stone), stucco consisting of
exterior Portland cement, hand-applied in three coats to a minimum thickness of
three-quarters of an inch (3/4”), concrete tilt-wall or other concrete finish
techniques, or other similar products. For all exterior plan types, cementitious
siding products may be used in areas where it is not structurally feasible to support
brick or stone.
Building Material Guidelines
First Floor
A minimum of 85 percent masonry is required. The
front and sides of each elevation must be masonry,
with only the rear to have other materials. Rear
masonry is required on any house that backs to
Mantua Parkway or Standridge Parkway.
Front Elevation
In addition, second floor side elevations shall have
the masonry turn the corner and continue a minimum
of two (2) feet on interior lots and four (4) feet on
corner lots, unless the sidewall is over a roof.
15
Masonry Materials
o Brick
Brick shall meet specifications established by the Brick Institute of America.
Concrete brick is not allowed.
Jumbo bricks are not allowed.
o Mortar Joints
Mortar joints shall be tooled; no “slump” joints are permitted.
Non-Masonry Materials
o Siding
Siding material may be cementitious Hardie-Plank or fiber planking.
Plywood, particle board and vinyl are prohibited.
o Trim/Wood
All trim and wood shall be smooth and painted or stained.
Stained wood must be sealed.
o Metal
Exposed metals must be anodized aluminum, bronze, copper or painted
galvanized steel.
Exclusions. Roofs, eaves, dormers, soffits, windows, gables, doors, garage doors,
decorative trim, and trim work are not required to be constructed of masonry.
Prohibited Elements. Highly reflective finishes on exterior surfaces (other than non-
mirrored glass or on surfaces of hardware fixtures). Mirrored glass.
7) Roofs & Chimneys
A) Accepted Roof Materials. Roofing materials shall be limited to architectural
shingles of weathered wood or black colored, non-reflective metal, clay, tile or
architectural composition shingles with a minimum rating of 30 years. All shingles
must meet or exceed applicable local, FEMA, FHA and VA regulations. No three-
tab shingles are permitted.
B) Chimneys. Chimney style must be appropriate for the style of the home and may
be brick or other masonry matching with the same permitted colors and materials
as permitted on the body of the house; provided however, that any chimney located
on the interior portion of the roof may also include cementitious materials solely
or in addition to the brick or other masonry. If a chimney or fireplace chase is
located on the side of a residence, then it is required to be constructed of masonry.
8) Gutters/Downspouts/Drains
A) All residences shall be constructed with gutters and downspouts. Gutters and
downspouts shall match the color of the existing trim of the residence. Downspout
drains shall be placed to convey stormwater in accordance with the grading and
drainage plans for the lot and the development.
16
9) Floor Plate
A) The minimum Plate height for the first floor shall be nine (9) feet; 8 -ft floor plate
along a side elevation that are disguised across the front elevation and that “pop-
up” to 9-feet within the residence is allowed. In addition, the minimum combined
plate height for two story elevations shall not be less than eighteen (18) feet.
10) Landscape
A) A minimum of two (2) trees is required per lot. All introduced vegetation shall be
trees, shrubs, vines, ground covers, seasonal flowers or sodded grasses that are
commonly used in North Texas for landscaping purposes. Landscape borders shall
be constructed with steel edging, bender board or mortared masonry that is
comparable to the masonry of the home.
11) Screening and Placement
A) Mechanical equipment, trash receptacles, equipment, wood piles and other
miscellaneous outdoor storage must be visually screened from public view and
neighboring Lots by a solid screening wall/fence or landscaping sufficient for
screening.
d) Multi-Family Residential Standards
1) Building Materials
A) The exterior of each multi-family building shall be a minimum of:
a. 80 percent masonry on the front façade of the first floor
b. 70 percent on the side façade of the first floor
c. 30 percent on the rear façade of the first floor
d. 25 percent on all facades for all other floors
B) “Masonry” may include brick or stone stacked and mortared in place
stone means granite, limestone, marble, or other naturally occurring
stone), stucco consisting of exterior Portland cement, hand-applied in
three coats to a minimum thickness of three-quarters of an inch (3/4”), or
other concrete finish techniques, or other similar products. For all
exterior plan types, cementitious siding products may be used in areas
where it is not structurally feasible to support brick or stone.
C) Brick
a. Brick shall meet specifications established by the Brick Institute
of America.
b. Concrete brick is not allowed.
D) Mortar Joints
a. Mortar joints shall be tooled; no “slump” joints are permitted.
E) Non-Masonry Materials
a. Siding – Siding material may be cementitious Hardie-Plank or
fiber planking. Plywood, particle board and vinyl are prohibited.
b. Trim/Wood – All trim and wood shall be smooth and painted or
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stained. Stained wood must be sealed.
c. Metal - Exposed metals must be anodized aluminum, bronze,
copper or painted galvanized steel.
2) Building Articulation
C) Horizontal wall plans longer than 40 85 feet in length shall be segmented into
smaller sections by a structural or ornamental minor façade offset (recess or
projection) of a minimum 2 feet deep and 810 feet wide.
B) The height of those offsets is equal to the building’s height at the location of the
offset.
3) Roof Treatment
A) Pitched or flat roofs are permitted.
B) A parapet wall is allowed if constructed to prevent flat roof visibility.
4) Fenestration
A) Any glass with a visible light reflectance rating of 25% or greater is prohibited.
5) Elements. A multi-family development is required to provide at least two two of the
following elements:
A) At least one dormer is provided for each roof plane over 1,000 square feet in area
that faces a street. The dormer must be appropriately scaled for the roof plane and
shall not be wider than the windows on the building elevations;
B) All windows feature shutters. The shutters provided must be operational or appear
operational and must be in scale with the corresponding window;
C) All windows are emphasized through the use of molding / trim around the
windows, plat ledge, sills, shaped frames, awnings, or another similarly related
architectural elements;
D) Downspouts associated with gutters are internally incorporate into the building’s
construction rather than attached to the building after the construction of the façade
is complete.
E) Other similar architectural features as approved by the Director.
E) The primary entrance for all buildings shall feature a protected entry through the
use of a recessed entry, porte-cochere, awning, canopy, or similar feature that
serves the same purposes. The covering shall be at least three feet in depth when
measured from the face of the adjoining façade. Not required for accessory
buildings.
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F) Screening fence: Border fencing material shall be either masonry construction or
wrought iron, tubular steel, or tubular aluminum with masonry columns.
Additionally, an irrigated landscape screen, minimum height of 6 feet, shall be
installed within a 10-foot landscape buffer along the property line on any perimeter
not abutting a public street or right-of-way. The landscape screen must grow to a
height of at least 10 feet within 2 years of installation.
G) Other similar architectural features as approved by the Director.
6) Amenities.
A) A multi-family development shall provide the required amount of amenities
prescribed in Table 23: Required Amenities.
Table 23: Required Amenities
Number of Units Required Amenities
1 – 10 None
11 – 50 1
51 – 100 2
101 – 200 3
201 – 300 4
301 + 5
B) The amenities below may be used to fulfill the requirements of Table 23: Required
Amenities. Each amenity counts as one required amenity towards the requirements
in Table 23: Required Amenities. However, multiples of the same amenity do not
count towards the requirements in Table 23: Required Amenities. Additionally, to
provide flexibility in development design, the Director may approve different
amenities that agree with the purpose of this Sec. 9.04.042.
i. Swimming pool (minimum 1,000 square foot surface areas) with
cooling deck (minimum ten feet wide in all areas);
ii. Jacuzzi or hot tub area (minimum 50 square foot area);
iii. At least four barbeque grills or one grill per 100 units, whichever is
greater, with shaded seating areas, all barbeque grills shall be:
a. Serviced with propane or other gas, and
b. Be built into a structure incorporated into an adjacent amenity
i.e., pool or seating areas);
iv. Ramada(s), arbor(s), and/or trellis(es) covering at least 1,000 400
square feet of recreation space;
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v. Child play lot (minimum 3,000 1,000 square foot areas) with
equipment specifically designed to meet the following three age
cohorts: 0-2 years old, 2-5 years old, and 5-12 years old;
vi. A splash pad (water play amenity for children) that is a minimum of
1,000 square feet in areas that:
1. Is enclosed by a gated and access limited
minimum five-foot tall vinyl-coated
chain link fence or other decorate fencing
material approved by the Director of
Development Services.
vii. A dog park that is at least 5,000 2,500 square feet in areas that:
a. Is enclosed by a minimum five-foot tall vinyl-coated chain link
fence;
b. Uses grass, wood chips, or a combination of the two as surface
materials, and
c. Provides at least two dog waste stations that includes a bag
dispenser and waste receptacle installed along the perimeter of the
enclosure for every 2,400 square feet of the associated dog park.
viii. Regulation-size volleyball, basketball, tennis, or similarly related
playing court.
ix. Golf putting green (minimum 1,000 square feet);
x. Fitness center/weight room (minimum 500 square feet);
xi. Business center (minimum 500 square feet);
xii. Media room (minimum 500 square feet).
f) Nonresidential Standards
7) Building Articulation
D) Single- and multi-tenant buildings < 50,000 square feet
i. All buildings shall utilize façade offsets and appropriate fenestration,
to add variation and visual interest to an elevation and to break up long
uninterrupted walls or elevations.
ii. Elevations that are 50 feet or longer in horizontal length require at least
two offsets (projection or recess) from the primary façade plane of at
least 18 inches deep and 4 feet wide.
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iii. The height of those offsets is equal to the building’s height at the
location of the offset .
E) Single- and multi-tenant buildings 50,000 square feet and larger
i. All buildings shall utilize either façade offsets and appropriate
fenestration, color variations, alternative building materials, or other
architectural treatments, to add variation and visual interest to an
elevation and to break up long uninterrupted walls or elevations.
ii. Elevations that are 50 feet or longer in horizontal length require at least
one of the following: at least two offsets (projection or recess) from
the primary façade plane of at least 18 inches deep and 4 feet wide,
color variations, alternative building materials, or other architectural
treatments.
iii. The height of those offsets, color variations, alternative building
materials, or other architectural treatments is equal to the building’s
height at the location of the offset application.
8) Roof Treatment
C) Long uninterrupted roof lines and planes shall be broken into smaller segments
through the use of scaled gables or dormers, change in height, changes in roof
form, type or planes that typically correspond to offsets in the building’s façade,
or other appropriate architectural elements.
D) Parapet roof lines shall feature a well-defined cornice treatment or another similar
element to visually cap each building elevation.
9) Fenestration
A) Single- and multi-tenant buildings < 50,000 square feet : The use of recessed
windows, awnings, sills, drip caps, projecting trim casing or surrounds, projecting
muntins or mullions, and other elements is required.
B) Single- and multi-tenant buildings 50,000 square feet and larger do not require
fenestration.
C) Any glass with a visible light reflectance rating of 25% or greater is prohibited.
10) Elements. All buildings or developments shall be required to provide at least two of
the following elements:
B) The primary entrance for all buildings shall feature a protected entry through the
use of a recessed entry, porte-cochere, awning, canopy, or similar feature that
serves the same purposes. The covering shall be at least three feet in depth when
measured from the face of the adjoining façade.
C) All building elevations shall feature at least two facade offsets (recess or
projection) five feet in depth for every 50 feet of horizontal length.
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D) All building elevations shall feature at least three two distinct roof lines or a roof
parapet with cornice design or similar element.
E) All primary and secondary building entrances, excluding emergency exits and
service doors, feature a recessed entry, canopy, awning, or similar sheltering
feature of at least 50 square feet.
F) Single- and multi-tenant buildings greater than 50,000 square feet shall provide
least one of the following: at least two offsets (projection or recess) from the
primary façade plane of at least 18 inches deep and 4 feet wide, color variations,
alternative building materials, or other architectural treatments.
10. Section 9.04.044 Loading
d) Standards.
11) Location. A loading space:
B) Must be located within the same development as the building or use served;
C) Is prohibited from projecting into a sidewalk, street, or public right -of-way,
including any maneuvering area;
D) Is prohibited from being located between the front building line and the lot line;
E) Must be placed to the rear or side of buildings in visually unobtrusive locations;
F) Must be set back a minimum distance of 100 feet (35 feet for Self-Storage (Mini-
Warehouse) from any adjacent residential zoning district or use;
G) Must be se back a minimum distance of 50 feet from any public street or front
property line; and
H) Must be oriented away from the street frontage.
11. Section 9.04.045 Landscaping
f) Minimum Landscaping Requirements.
2) Parking Lots.
A) Landscape areas within parking lots shall be at least 180 162 square feet in size
with approximate dimensions of 10 9 feet wide by 18 feet deep.
h) Tree Preservation.
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1) All tree preservation shall comply with the regulations of this subsection (h) in
addition to the requirements established in Article 9.07. Trees located with the tree
preservation areas identified on Exhibit D-2 "Tree Preservation Exhibit” shall be
preserved with the exception of trees that must be removed to allow for the
construction of public infrastructure improvements.
2) The Developer shall plant one large tree (minimum of three-inch caliper and seven
feet height at the time of planting) per 50 linear feet of screening wall and one
ornamental tree per 30 feet of screening wall. Trees may be grouped or clustered to
facilitate site design.
3) The Developer shall plant a minimum of two front yard trees on each residential lot
at the time of home completion. Front yard trees shall measure a minimum three -
inch caliper and seven feet height at the time of planting and shall conform with the
City’s approved plant list.
4) Any trees preserved on a site meeting these specifications may be credited toward
meeting the tree requirement of any landscaping provision of this section for that
area within which they are locate, according to Table 28: Tree Preservation Credits,
depending on the applicant’s preference to accept or decline the credit. For purposes
of this section, caliper measurement shall be taken at DBH above the ground and
rounded to the nearest whole number.
5) Existing trees may receive credit if they are not on the City’s approved plant material
list but are approved by the Director; however, trees must be located within the
landscape areas to which credit is applied.
6) Any tree perseveration proposed shall designate the species, size, and general
location of all trees on the conceptual or general landscape plan. The final landscape
plan shall show the species, size, and exact location.
7) During any construction or land development, the developer shall clearly mark all
trees to be maintained and may be required to erect and maintain protective barriers
around all such trees or groups or trees. The applicant shall not allow the movement
of heavy equipment or the storage of equipment, materials, debris, or fill to be placed
within the drip line of any trees. This is not intended to prohibit the normal
construction requirement within parking lots.
8) During the construction stage of development, the applicant shall not allow the
cleaning of equipment or material under the canopy of any tree or group of trees to
remain. Neither shall the applicant allow the disposal of ay waste materials, such as,
but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the
canopy of any tree to remain. No attachment or wires of any kind, other than those
of a protective nature, shall be attached to any tree.
ARTICLE 9.05 SIGN ORDINANCE
1. Section 9.05.018 Detached Signs
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d) Subdivision Entry Signs
1) Definition.
Subdivision Entry Sign. A sign which may be a freestanding monument or attached
to a subdivision wall located at the entry of a platted subdivision from a local,
collector, or arterial street.
2) Standards.
Generally. Table 3-7 establishes the standards for subdivision entry signs.
Table 3-7: Subdivision Entry Sign Standards
Sign District
Requirement
AE SF MR CM MU DT IN
General
Allowed? Y Y Y N Y N Y
Permit Required? Y Y Y -- Y -- Y
Number per
entrance (max.) 1 2 2 -- 2 -- 2
Dimensions
Sign Area (max.) 150 sf 200 sf 150 sf -- 150 sf
200 sf -- 150 sf
Sign Height
max). 6 ft 6 ft
15 ft 6 ft -- 6 ft
15 ft -- 8 ft
Setbacks
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From ROW 5 ft 5 ft 5 ft -- 5 ft -- 5 ft
Features
Electronic
Message Center N N N -- N -- N
Changeable Copy N N N -- N -- N
Channel Letters Y Y Y -- Y -- Y
Internal
Illumination N N N -- N -- N
External
Illumination Y Y Y -- Y -- Y
Halo Illumination Y Y Y -- Y -- Y
Additional Information
Key Y = yes, a permit is required or the feature is allowed | N = no/ not
allowed | NR = the sign type or characteristic is allowed for
nonresidential uses only | sf = square feet | ft = feet | “-“ = the
standard does not apply
Sign District
Summary
AE = AG district and ETJ | SF = SF-20.0- SF-6.0 districts | MR =
MD and MF districts | CM = C-1 and C-2 districts |MU = MU
district | DT = DT district | IN = I-1 and I-2 districts
B) Number and Location
i) Two (2) subdivision entry signs may be located at the intersection of a
collector or arterial street and an entry street or private driveway into a
subdivision. The signs shall be configured as follows.
a. Two (2) signs with one (1) sign face each located on opposite sides of the
entry street private driveway;
b. One (1) sign with two (2) faces located within a landscaped areas dividing
two (2) one-way entry streets or private driveways;
c. One (1) sign located on one (1) side of the entry street or private driveway;
or
d. One (1) sign located on an archway above the entry street or private
driveway
ii) Subdivision entrances from a right-of-way greater than 60 feet shall require
signage. Secondary entrance connecting to other neighborhoods may be
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allowed but are not required.
C) Design and Installation.
i) Subdivision entry signs shall be constructed with stone, brick, concrete,
metal, routed wood planks or beams, or similar durable, weatherproof
materials.
ii) All subdivision entry signs shall be landscaped around the base of the sign in
an area equal to four square feet for each square foot of sign areas. In case
where the location of the sign could not accommodate such landscape areas,
the area may be reduced up to 50% at the Directors’ discretion.
iii) When electrical service is provided to a subdivision entry sign, all electrical
service shall be underground.
ARTICLE 9.07 TREE PRESERVATION
The tree preservation ordinance is removed in its entirety and replaced with the following:
Trees located with the tree preservation areas identified on Exhibit D-2 "Tree Preservation Exhibit” shall
be preserved with the exception of trees that must be removed to allow for the construction of public
infrastructure improvements.
The Developer shall plant one large tree (minimum of three-inch caliper and seven feet height at the time
of planting) per 50 linear feet of screening wall and one ornamental tree per 30 feet of screening wall. Trees
may be grouped or clustered to facilitate site design.
The Developer shall plant a minimum of two front yard trees on each residential lot at the time of home
completion. Front yard trees shall measure a minimum of three-inch caliper and seven feet height at the
time of planting and shall conform with the City’s approved plant list.
PHASE 2
PHASE 1
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STANDRIDGE BLVDROAD
B ROAD
A
ROAD DBUDDY HAYES BLVDROAD CMANT U
A P
K W
Y MANTUA
PKWY
ROAD E
MANTUA PKWY CR 290BUDDY
HAYES BLVDUS
HWY
75COLLINMCKINNEYPKWYCR 289THORNTON CR
371 LIBERTY
HILLS FENCE
EXHIBIT SCALE:
NTS NORTH
EXHIBIT
D-4 ROSAMOND PKWY FENCE
TYPE WOOD FENCE ORNAMENTAL METAL MASONRY
FENCE TYPES
ARE CONCEPTUAL
LIBERTY HILLS SCALE: NTS
NORTHEXHIBITD-2
TREE PRESERVATIONEXHIBITPRESERVEDCANOPY
REMOVED CANOPY
CANOPY IN FLOODPLAIN
100-YR FLOODPLAIN LIMITS