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2004-08-24 Regular Meeting Packet
ITEM Ius Consider action on recommendation of Planning and Zoning Commission regarding final plat for Hurricane Creek Boulevard. This item was considered at your August 10 meeting and resulted in a 2-2 vote on a motion to approve the plat. The vote had the effect of denying approval. No other action was taken. The petitioner has requested that this matter be reconsidered, which he has the right to do since there was no motion to deny with prejudice or to return the matter the Planning and Zoning Commission for reconsideration. D I . 1P3 4Z CLZM vVI./ S7 + I I.. . . 4 -.% I I ... ® �� T A� ;L Preltm#aary Plat ❑ F•hal Plat Plan ❑❑ She Flan Circulation Plan ❑ Landscape A. Description of PMM—ft . Addition Name Hniricaae Creek Boulevard 2. Total f4urnber of Acres 0.87E} 3. Zoning Clas-sifica(s) PD Total Number of Lois, by Type I./As RM Plat of p Northwest corner of inters+eetioia oS. f ITS 75 and 455 B. ins Wu wish to be contacled about this raw:! IM VJJ- flume _ • it s F _ 4 Applicant Don Collins Ad # 1 Lake Traiml , i Lake Tra11 IMP OW 214�804��264214�802ZVV&8264 Name • ::/tom-:- l.. State,Cayt Phone: 214�638�0145 r. Attuo. Nathan iii •9tz,i . i the undersigned _ - SF"._ .. A thaV 4L to cover the cost of this appkadon, has been follaiwing: duly authorized agent of the awrW for the poposes of thil the prope Arein described, that aH information subrNftd herein is true and it e�ata =1� at_sn paid ETa POi pas, �.• .- � hire 28, 2U44 ;,.�� �� � �! � � ` �tF ►." t it fEfll! YI .IFii. i' 1E1 . ' � i is a ' It1.. :i'Y, #�' � 1 ! f:: ;., ^• i�3 i ` ,. ,. f fl f :.. ;. 1 1' 1 t � [ F t-: l 1 ' .,f i '� .tJCd1 l+GTi. :•t tIt . 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(YARlABiE WfDiH PERSCRfPTfVE R.4.W.} � {� . . - � n - -N Ol'21'25' W 102.95' w {STING PAVlN6 - �' - � - - - _ t_ _ eorD�' � - � sxanq dry, j, - - oc®�vo _ ,..- - `� rw� o . a � S 0T21'2 E 103.06' �' z � a � o � . p n -;�;o �. mZ � m --Z , - cam+! - aa °: � {.yam n�rD� ��. _'i� t7i= OO�W��t {- A - t�1 �� wit � o NZ O r � - �" � N_ _ � - C � 2S #r� U j. � rm.c►,�o aw - .� a rna�+.wo aw �. - � _ ^ . = a � � �" 6 � tit - - - ' ������ �2 � -. - �� �� - _ p4• o � a - � w r+s - - _ .- .:. Z .:-. v - _ a� _ - � - - +� . . �� u D - vo µ ,.... � - a� _ - a -,.,,_..._ - n. .,. , _ _, - _c - � _ -.. ._. ,. _. .. .,t .- _ .. ... � "{ n � - ♦� .�:'.x�'`-�n.•z3�.�:,+:'u..�u.�.3.s...-''�'s.S:�•S..TcR'-t c. _..::Y.'_4.a��. ,.... -... _.t ., v'''. !f _ _ o -a i � .. tAZ _ �� _ �.. •f ITEM /1. Consider adoption of ordinance annexing 55 acre tract in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, located on south side of CR 367, approximately 0.75 miles east of Central Expressway South (US 75), at the request of the property owner, Chee Soon Wah. This property is located on the south side of CR 367, directly across the road from Oak Hollow Estates, Phase 5. As indicated in Item 12 of this agenda, the petitioner seeks to develop the property for single family residential uses. IIIIIi��t�•- �• ..� � f -� �j- .� ��. �, lL ��,,r--� 1 T E X A S LAND ADVISORS May 26, 2004 City of Anna Attn: Lee Lawrence, City Administrator 101 N. Powell Pkwy. P.O. Box 776 Anna, TX 75409 Dear Mr. Lawrence: Please consider the enclosed petition for annexation of a 55-acre tract of land on County Road No. 367. Included with the petition is a detailed description of the metes and bounds of that land, titled "Exhibit A." Feel free to contact me with any questions. 5323 SPRING VALLEY ROAD, SLTTTE 300 ® DALLAS, TEXAS 75254 s PHONE: 972.720.1122 ® FAX: 972.720.1112 PETITION FOR ANNEXATION To the Mayor and Governing Body of the City or Anna, Texas I (we), the undersigned, being owner(s) of property that is within the existing extraterritorial jurisdiction of the City of Anna, Texas, hereby petition your honorable body to extend the present city limits so as to include the territory more fully described in Exhibit A, attached hereto and incorporated herein for all intents and purposes. I (we) am (are) the owner(s) and/or legally represent the owner(s) of the property described in Exhibit A, on which less than three qualified voters reside. (We) certify that this _Petition is signed and acknowledged by each -and every corporation and person owning the described land or having an interest in any part thereof. The undersigned represents) that he (they) and all other owners desire to be annexed to and made part of the City of Anna, Texas, subject to all laws, rules, and regulations of said city. Signature Printed Name Signature Printed Name Date Date STATE OF TEXAS COUNTY OF ,r%tt gS This instrument was acknowledged before me by G'*P�'s On the / t day of AJA i Notary Public in and for the State of 1 exas My Commission Expires: °�. ALLISON N. MUL— iC— E— y �r Public, State of Texas ?t+?r MY Commission Expires �� June 13, 2007 Page 1 of 1 i 11: 1 ... .. Situated in Collin County, Texas in the Robert A Johnson Survey, Abstract No. 479, and the Ezra. Shelby Survey, Abstract No. 839, being a resurvey of the 40.000 acres of land and the 15.00 acres of Land as described in a deed from Donald M. White to D&KW FAMILY, L.P. dated Jan. 12, 1996, recorded in Document No. 96-0005911 of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a'/z inch iron pin found at the northeast corner of said 15.00 acre tract, in the center of County Road No. 367, at the northwest corner of the William L. &Nadine Living Trust 2.78 acres, Ref. Doc. No. 92-0083911 and in the south line of the SW Chee LP 28.05 acres, Ref. V. 4878, P. 1146; Thence southerly with the east line of said 15.00 acre tract, the east line of said 40.000 acre tract, the west line of said 2.78 acre tract, the west line of the William L. &Nadine Living Trust 5.869 acres, Ref. Doc. No. 92-0083911, the west line of the Gene McClure 3.00 acres, Ref. V. 2353, P. 69, the West line of the Jack Weatherford 2.05 acres, Ref. V. 4390, P. 788, the west line of the Charles Latimer 1.898 acres, Ref. V. 4970, P. 1572, the west Iine of the Daryl R. Garrett 2.41 acres, Ref. Doc. No. 96-0080308, the west line of the Jeff 7. Redin 2.014 acres, Ref. Doc. No. 94-OOOi459, the west line of the Betty L. Hopkins 3.712 acres, Ref. V. 171, P. 627 and the west line of the Paula Powel 15 acres, Ref. V. 4182, F. 2894 and with an established fence and with the evidence of an old fence as follows. South 0 degrees 39 minutes 53 seconds East, ?7.09 feet; South 0 degrees 12 minutes East, 538.12 feet; South 0 degrees 09 minutes East, 506.08 feet; South 0 degrees 40 minutes East, 470.96 feet; South 0 degrees 24 minutes East, 398.3 feet to a %2 inch iron pin set; South 0 degrees 45 minutes West, 193.18 feet; South 0 degrees 16 minutes West, 201.65 feet to an iron pipe found; South 0 degrees 06 minutes East, 229.47 feet, crossing Slater Creek to two iron pins found beside each ou'rer at a corner post on the top of the south Bank of Slater Creek, at the southeast corner of said 40.000 acre tract, in the west line of said Powel 15 acres and in the north line of the Burl William Luscombe 96.20 acres, Ref. V. 2661, P. 402; Thence westerly with the south line of said 40.000 acre tract, the north line of said 96.20 acre tract, with the evidence of an old fence and with the top of the south Bank of said Slater Creek as follows: South 40 degrees 00 minute 10 seconds West, 255.99 feet; South 51 degrees47 minutes 04 seconds West; 93.36 feet; South 61 degrees 23 minutes 09 seconds West, 87.7 feet; South 73 degrees 39 minutes 22 seconds West, 79.21 feet; South 59 degrees 07 minutes 50 seconds West, 110.66 feet; South 81 degrees 56 minutes 08 seconds West, 59.59 feet; North 77 degrees 32 minutes West, 80.9 feet;. North 63 degrees 03 minutes West, 57.27 feet; North 75 degrees 14 minutes 35 seconds West, i 15.6 feet; North 78 degrees 42 minutes 18 seconds West, 42.0 feet to a %2 inch iron pin found beside a comer post at the southwest comer of said 40.000 acre tract, in the north line of said 96.20 acre tract and at the southeast comer of Twin Creeks Subdivision, unrecorded; Thence North 0 degrees 09 minutes 04 seconds West, with the west line of said 40.000 acre tract, the east line of said Twin Creeks and with a fence, passing a pipe found at 149.28 feet and continuing in all 2914.58 feet to 72 inch iron pin set at the northwest comer of said 40.000 acre tract, the northeast comer of said Twin Creeks and in the south line of the SW CHEE LP 67.965 acres, Ref. V. 4878, P. 1146 and in said County Road No. 367; Thence North 89 degrees 50 minutes 06 seconds East, 826.3 feet with the north Line of said 40.000 acre tract, the north line of said 15.00 acre tract, the south line of said 67.965 acre tract, the south line of said 28.05 acre tract and with said County Road to the PLACE OF BEGINNING and containing 55.008 acres of land Schedule of Activities for MML Partnership/Anna 55 Tract A B C 1 Scheduled Actual 2 City Council sets date, time, and place for first and second public hearing 6/22/2004 z z o 3 (2 hearings to be held not more than 40 days nor less than 20 days prior to official council action) 4 5 Print notice for first PH (Newspaper Article) 6/25/2004 d 6 (Not more than 20 days nor less than 10 days prior to hearing) 7 8 City Council holds first public hearing 7/13/2004 7 / a,/Vtsi 9 10 Print notice for second PH (Newspaper Article) 7/15/2004 11 (Not more than 20 days nor less than 10 days prior to hearing) r 12 13 City Council holds second public hearing 7/27/2004 14 15 City Council institutes annexation proceedings and 8/24/2004 16 City Council adopts annexation ordinance and service plan 17 (Not more than 40 days after first hearing nor less than 20 days after second public hearing) 18 19 Proposed ordinance submitted to U.S. Department of Justice, Texas 8/25/2004 20 Department of Housing and Community Affairs, and State Comptroller 21 22 Ordinance is filed with County Clerk 8/25/2004 23 24 jOrdinance is sent to Collin Appraisal District 1 8/25/2004 Sched.xls This document is copyrighted by USA Professional Services Group, Inc. — 2004, all rights reserved. Original and creative design concepts were utilized on this exclusive work product. This document contains confidential, proprietary information, of which the ownership belongs to USA Professional Services Group, Inc. No reproduction of this document, its concepts or ideas, shall be performed in any manner without the exclusive prior written consent of USA Professional Service Group, Inc. AAAAAAA.. �AAAAA. I �i � I I I \ %N\ O I \ I 00 O C. cn — C \ z \ a- \ \ \a v1 \ w n- \ 0 �P°�QG � \ \ � � \ = < w � =co moo I I � s''O\ � � I > YN� I � z �ci I ' � �n`9,� ��o\ !\ U \ m w of ' I I p00 I \ a` S00039'%3"E �� / \6,' z\y I 1 P 1 I I \ w I I I w I �\ \ \ N I i I Liles / 1 1 ' ' ` 1 77.09' \ s S00'1%2�00"E /N 538.11_ SO '0 �00"E 50 .0 ' m / S�0'4 '00' E _ 470.9 S 4'tl0"E AAA_� 398.30' lAAA) l ' I I / / JELE HON / i( \ I ' _� �\ / �- 1 (�ISEf�S c ) I J T / I / �OpOSED 25 J ( C/ ' % / i PUTILITY EASEMENT fl GRAPHIC SCALE IN FEET ) 1 inch = 100 ft 1 \ 624 \626 �"gU�LA POWELL � R\F. VOL. 4162, G. 2694 "AAA,- AAA- 616� \ \ �\ \ \ �---614 0 'QQ" W SO0'16E003 S00 6' �E �\ �6 2 \\ \ \ \ t 193.18' 201.65' \�� 4T _ AAAA \ AE All BURL WILLI LUSCOMBE / Ail All 96.20 A ES / /' `\\ �\ R\E� VOL 2661, P 402 AN / y � /S51'47`'84"W \ � I OL / // / 1 \ p / / J{Q do ��� -- / / / / / 11 °a 1�01 g9 �' '� �' '%—j//7/ /� \ 1 I I \ / ` 618� O ' /�10' / AAA` //i T O C�RZNL/iONING: G / l� o��F°°P��° ��/ /' % !- i� \ \z I I I \ o l\ i' le A Al aill"A/ _/ �/ \`) All- \i/eedr /� / —CcC1 E LY P\ l \ G \ �666— i /,,.'�/// /_ / Ee. _ �TTi- Q �Q O 5 9�1 —66aEPS�ENEN� , / // J �l V V N �iC\ZD\ \ \ \ 662 La Or -- \Ai-\NN0009'04"W 2914.5\1 T� \ I/ 1 76 _\ _ —� \ ✓/ �666 \ �"- sse ss m ry / a4W� -1 �� s7z __� \_ — _ \ T N�R�EKS 666_ ._ — \`�U E OR DV 4 \'—_ —`� \ �CORDJE-BT J i670_.\\\\\ \ I \ --� — NOTES 1. PLOTTING THIS PROPERTY ON FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 48085C0175 G DATED JANUARY 79, 1996, INDICATES A PORTION OF THIS PROPERTY LIES WITHIN THE DELINEATED 100—YEAR FLOOD PLAIN ZONE A, AS SHOWN. ZONE A IS DESIGNATED AS NO BASE FLOOD ELEVATIONS DETERMINED. THE REMAINDER OF THE PROPERTY LIES WITHIN ZONE X WHICH IS DEFINED AS AREAS DETERMINED TO BE OUTSIDE THE 500—YEAR FLOOD PLAIN. 21' 11 S$1'56'08"+M 59.59 N7 *32'00"W1 i 0.9o' N63' 00"W 5 t27' I N75'14'3�"W I 115.601 II ✓— N�8'42'18"N� 1 1`42.00' ZONING EXHIBIT ANNA 55 55.008 ACRES OF LAND SITUATED IN THE ROBERT A. JOHNSON SURVEY, ABSTRACT NO, 479 EZRA SHELBY SURVEY, ABSTRACT NO. 839 CITY OF ANNA, COLLIN COUNTY, TEXAS USA DEVELOPER: MARLIN — ATLANTIS GALLERIA TOWER TWO 13455 NOEL ROAD 23rd FLOOR DALLAS, TEXAS 75240 (972) 715-6449 (972) 392-4267 (FAX) JUNE 10, 2004 PREPARED BY: SERVICESFGROUPAINC. \E� CIVIL ENGINEERS —SURVEYORS —PLANNERS LANDSCAPE ARCHITECTS 1525 VICEROY DRIVE DALLAS, TEXAS 75235 (214) 634-3300 (214) 634-3338 (FAX) USA] 2004031.0 ITEM 12. Consider adoption of ordinance zoning as a Planned Development a 55 acre tract in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, located on south side of CR 367, approximately U.75 miles east of Central Expressway South (US 75), at the request of the property owner, Chee Soon Wah. The PZC has recommended approval of the Planned Development Single Family Residential zoning for this tract. The proposed zoning exceeds most of the standards of your SF-72 zoning district. The average lot size in the project is in excess of 8,200 square feet. The developer met all requests of the Commission, including preservation of most of the trees along the drainageway that cuts through the property. o�tc�s RE: Anna 55 —Zoning Reques# .. - TODDe.rui RP.LS, USAI No. 2004031.Q Mice President sarveyGroup Dear Mr..Lawrence: Submitted for your review and., consideration for is a- revised Land Plan of, the Zoning Exhibit for Anna 55. These changes are based on the P&Z.Meeting held on July 6t,' and my meeting with. you and Mr. Schwanke on July 21 . Enclosures include: 1. Planned Development Ordinance (revised) 2. Development & Site Plan (revised) 3. Development & Site Plan (11 x 17 reduced copies) We request that this Zoning Case be placed on the August 3`d Planning & Zoning Commission agenda for approval Comments may be emailed to qvu@usaengineers.com. Please contact me if you have questions or need any additional information. Project Manager ITEM 4. Zoning request by Quan H. Vu on behalf of Anna 55 LLP for Planned Development Single Family Residential zoning for a 55.008 acre tract in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, tract located on the south side of CR 367, approximately 0.5 miles east of intersection of CR 367. and S. Central Expressway (U.S. 75). This request was reviewed by the Commission at its July 6 meeting and was tabled. As indicated in Mr. Maurice Schwanke's cover letter, petitioner has made substantial revisions to the original request. The Commission directed petitioner to meet with Mr. Schwanke and revise the zoning to reflect Mr. Schwanke's comments that were discussed at the July 6 meeting. Attached is the draft Planned Development ordinance as submitted by petitioner. The following briefly summarizes the revised and original requests. The highlighted items have been revised from original request Revised Request Original Request Min. Lot Width 60' 50' Min. Lot Depth 120 110 Min. Lot Area 7,200 s.f. 5,500 s.f. ia �f. qAURICE ' ♦, COMPANA 1209 Southwood Blvd. Arlington, Texas 76013 Phone (817) 469-9927 Tax (817) 274-3943 • t 1., 55 ZomnLyi Review Comments LAND PLANNING ZONING CONSULTANT MUNICIPAL CONSULTANT GRANT CONSULTANT The developer of this tract has complied with the comments that were originally submitted. No further comments from a planning perspective are anticipated. With the redesign, this proposal is consistent with density and zoning patterns desired for this sector of the City. I have appreciated the opportunity to work with the developer on this tract. If you have any questions please feel free to contact me. Sincerely, Maurice Schwanke 1 •:./1 • pl, • �.i 111 i. • a � ,.•, .. WING E f TO THE CITY OF • AMEND THEZONINGOF THE CITY OF kNNA TO PROVIDE1 REZONINGOF 1 PROPERTY;PROVIDING i PROVIDING DATE W1�REAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the City Council of the City of Anna has given the requisite notices and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by zoning the tract described in Exhibit A, attached hereto and made an integral part of this Ordinance, as Planned Development No. The Planned Development shall include the following elements: Description: a tract comprising of approximately 55 acres of land generally being located southeast of the intersection of US Highway 75 and Farm to Market Road 455, immediately south of County Road No. 367: The boundaries of the Planned Development District are defined in the field notes attached herein as Exhibit "A". The proposed Development Site Plan is attached herein as Exhibit `B". Purpose and Intent: The purpose of this Planned Development Zoning District is to provide high quality, single-family detached housing in a medium density neighborhood and allow flexibility fo the established minimum requirements of the underlying SF-72 zoning district. The intent is to provide a quality development in an orderly fashion with a variety of lot and house sizes, as well as project amenities for the development. Procedure: The standards contained herein set forth the conceptual requirements for the development of the district. Following approval of this ordinance, the developer shall prepare a preliminary plat along with a final plat and detailed site engineering plans for recording a specific tract or area to be developed and conf=irg tc the criteria established herein. A. GENERAL C®NDITIONS Conformance to All Applicable Articles of the City of Anna Ordinances, Rules and Regulations: _Except as amended herein, this. Planned Development shall conform to any and all applicable articles and. sections of the City of Anna. Zoning Ordinance (as adopted on September 20, 2003), and Subdivision. Ordinance (as amended by Ordinance No. 200146. adopted September 11, 2001). Page 1 of 8 P&Z 07/20ON Anna 55 B. DEVELOPMENT CONDITIONS: . 1. Permitted Uses: a. Residential Uses: A. Single-family detached units as outlined herein. 2. All uses permitted in the Single Family Residential District (SF42) in the City's Zoning Ordinance. 3. A recreational park and open space area, with trail and amenities_ 2. Streets: The project shall contain public residential streets per the City's construction standard . 3. Alleys: Alleys shall not be required within this entire Planned Development District. 4. Additional Permitted Uses: a. Sales and Leasing Offices during the development and marketing of the residential area, which shall be removed when 100% of the homes/lots have been sold. b. Accessory buildings and uses customarily incidental to the permitted uses in the SF-72 district. c. Temporary buildings and uses incidental to construction work on the premises, which shall be. removed upon completion of construction of the development. C. LOT STANDARDS: 1. Lot Area and Dimension Criteria. The lot sizes proposed within this development with the following minimum conditions: LOT TYPES Minimum lot width * 60' 100' for lots on cul- Minimum lot depth de -sacs and eyebrows; 120' elsewhere Minimum lot area 7,200 s.f. Average Lot Size 8,192 square feet Minimum dwelling size 1,400 s.f. Maximum lot coverage** 45% Minimum off-street parking spaces *** 2 enclosed SF-72 standard 60' 120' 7,200 s.f N/A ftftftaa� Maw 1,800 s.f. 40% 2 enclosed LOT TYPES a. Front Yazd— There shall be a minimum front yard setback depth of twenty feet (25') measured from the street right -of --way, or as noted below. LOT TYPES SF 72 standard Lot Width * 60 601 . Front Yard Setback ** 25' 25' * measured at the front yard setback ** measured from the street right-of-way .Side Yazd —Minimum side yard shall be five (5) feet, or as noted below. Lots abutting a residential or collector street shall have a minimum side yard of fifteen (15) feet. Key comer lots shall have the same mni imum side yard along the street side of the lot as the front setback of the adjacent side sI eet. A key corner lot is a comer lot backing to the side of an adjacent lot's front yard. SF-72 standard 60' 10' 15' 25' c. Rear Yazd —There shall be a minimum rear yard having a depth of not less than fifteen (15) feet as measured from the lot line. LOT TYPES SF-72 standard 60' 25' N/A * measured at the front yard setback ** lots that have frontage on a residential street and backyard frontage onto a thoroughfare/collector 3. Housing Standards: a. Building 1Vlaterials - A minimum of seventy-five percent (75%) of the total exterior wall surfaces of all main buildings shall have an exterior finish of stone, brick or other city -approved construction material, per the City's Zoning Ordinance (the use of stucco., EIFS or other similar applied finish shall not qualify as "standard masonry"). The total of exterior wall surfaces shall exclude surface area that is devoted to windows, doors, dormers, garage doors and other fenestration. If a gable is in front of an attic space, it is exempt from the masonry requirement. If the gable is in front of a living space, it is considered into the calculation of masonry. Materials for garage construction shall be the same as for the main structure. b. Trees -The homebuilder shall plant two (2) three inch (3") caliper trees on each lot during home construction, measurements as defined by the Texas Association of Nurserymen, Guidelines and Standards. Tree selection shall be from the City's Approved Trees List Ordinance. Specifications for tree installation shall be American Standard for Nursery Stock, published by the American P&Z 07/2012004: .. ' Anna;55: c. Feneing. 1. Single-family residential fencingother than developer fences along the County Road, shall be built in accordance with the City's fence regulations, as amended. Fences shall be a maximum of six feet (6') in height from grade. Any private fence facing a public street shall have the board (i.e., finished) side of the fence located on the street side of the fence support structure. 2. A fence shall be required as screening for the storage of a recreation vehicle, travel trailer, boat or similar equipment. The screening fence shall be constructed in accordance with the City's fence regulations and shall be a maximum of six feet (6') in height. from grade. d Raof Pitch -The roof pitch of single story homes shall be 6:12 minimum. The roof pitch of two- story homes shall be 4:12 minimum. e. Height Requirements - No buildings shall exceed thirty-five feet (35') or 2%Z stories in height. 4. Guidelines not listed herein shall be governed by the standard 3.r Z Zoning District in the City's Zoning Ordinance and by any other applicable City codes or ordinances. D. DEVELOPMENT STANDARDS. 1, The development shall consist of a maximum of 155 lots. Overall density of the development shall not exceed 2.8 dwelling units per acre on the gross acreage as resolved by the City of Anna City Council. 2. Overall street and lot layout maybe modified to a minor degree at the. time of final engineering (either per City requirements or by the applicant). Modifications may include, but shall not be limited to, reconfiguration of cul-de-sac streets, reducing the number of lots backing onto open space areas, mitigating lengthy streets and cul-de-sacs, reducing the number of four-way residential street intersections, modifying odd -shaped lots such that they will meet lot width and depth minimums, assignment of street names, mitigation of visibility impairments, etc. 3. This Planned Development shall contain a private open space: (1) The open space shall contain a playground and a hike and bike trail. The hike and bike trail may be incorporated as part of the overall walkway system in the City of Anna. (2) The open space and its contents shall be owned and operated by the Home Owners Association. 4. Entry monumentation and screening are proposed at main entrance location as shown on the Development Site Plan. Project monumentation shall identify the primary project entry. Monumentation may also identify secondary entries, with the same or a complementary variation of the primary project entry design. Secondary entries may have proportionately smaller monumentation than the primary entry. Monuments may have a maximum height of six feet (6') unless located within the front yard of a lot where the height shall be limited to 48". The monumentation shall be constructed of stone, brick, concrete block, concrete panel, wrought iron, landscaping, or similar materials, or any combination thereof, complementing the screening and landscaping, and enhancing the project image. All entryway features shall be located within an easement or HOA lot, and shall be maintained by the HOA. P&Z 07/2012004 Anna.55 c. 'Stone columns shall be constructed within the masonry fencing with 100 linear feet spacing. Column height shall be a maximum 74. d. Screening shall be located adjacent to and along County Road No. 367. Where screening. is on the rear or side lot line of a residential lot, a m;nirnum five-foot (5') wide screening maintenance easement shall be granted to the homeowners association for maintenance. e. The location and preliminary design of screening shall be submitted for approval with the preliminary plat. Construction plans for the screening fence/wall are to be included as a part of the public works civil engineering plans prior to final plat approval. 6. The developer shall provide City -approved street names at final platting. 7. On site development, construction, and builder signs will comply with the City of Aura Sign Ordinance. 8. A homebuilder shall be allowed to move in a sales trailer prior to City acceptance of the subdivision for maintenance, subject to City approval of location. Such trailer shall not be placed within any easement, street, or right -of --way. 9. The developer and Contractor shall be allowed to move in a project trailer prior to and during the construction, subject to City approval of location. Such trailer shall not be placed within any easement, street, or right -of --way. Project trailer shall comply with all applicable City ordinances and permits. E. DEVELOPMENT SCHEDULE: It is anticipated that residential portion of this project will be fully developed within 12 years. F. HOMEOWNERS ASSOCIATION: A homeowners association shall be established to maintain private common area improvements, including screening walls, specifically identified within this ordinance and shown on the Concept Plan The association shall be established prior to the issuance of any house building permit for the initial phase of development, and the association documents (e.g.; articles of incorporation, bylaws, CCRs, etc.) shall be reviewed and approved by the City in accordance with the City's Subdivision Ordinance. Exhibit A Situated in Collin County, Texas in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra ShelbyAm Survey, Abstract No. 839, being a resurvey of the 40.000 acres of land and the 15.00 acres of land as described in a deed from Donald M. White to D&KW FAMILY, L.P. dated Jan. 12, 1996, recorded in Document No. 96- )005911 of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a 1/A inch iron pin found at the northeast corner of said 15.00 acre tract; in the center of County Road No. 367, at the northwest corner of the William.L. & Nadine Living Trust 2.78 acres, Ref. Doc. No. 92- 0083911 and in the south line of the SW Chee LP 28.05 acres, Ref. V. 4878, P. 1146; Thence southerly with the east line of said 15.00 acre tract, the east line of said 40.000 acre tract, the west line of said 2.78 acre tract, the west line of the William L. & Nadine Living Trust 5.869 acres, Ref. Doc. No. 92- 00839115 the west line of the Gene McClure 3.00 acres, Ref V. 2353, P. 69, the West line of the Jack Weatherford 2.05 acres, Ref. V. 4390, P. 788, the west line of the Charles Latimer 1.898 acres, Ref. V. 4970, P. 1572, the west line of the Daryl R. Garrett 2.41 acres, Ref. Doc. No. 96-0080308, the west line of the Jeff J. Redin 2.014 acres, Ref. Doc. No. 94-0001459, the west line of the Betty L. Hopkins 3.712 acres, Ref. V.171, P. 627 and the west line of the Paula Powel 15 acres, Ref. V. 41825 P. 2894 and with an established fence and with the evidence of an old fence as follows. South 0 degrees 39 minutes 53 seconds East, 77.09 feet; South 0 degrees 12 minutes East, 538.12 feet; South 0 degrees 09 minutes East, 506.08 feet; South 0 degrees 40 minutes East, 470.96 feet; South 0 degrees 24 minutes East, 398:3 feet to a %z inch iron pin set; South 0 degrees 45 minutes West, 193.18 feet; South 0 degrees 16 minutes West, 201.65 feet to an iron pipe found; South 0 degrees 06 minutes East, 229.47 feet, crossing Slater Creek to two iron pins found beside each other at a corner post on the top of the south Bank of Slater Creek, at the southeast comer of said 40.000 acre tract, in the west line of said Powel 15 acres and in the north line of the Burl William Luscombe 96.20 acres, Ref. V. 2661, P. 402; Thence westerly with the south line of said 40.000 acre tract, the north line of said 96.20 acre tract, with the evidence of an old fence and with the top of the south Bank of said Slater Creek as follows: South 40 degrees 00 minute 10 seconds West, 255.99 feet; 4 Am North 75 degrees 14 minutes 35 seconds West, 115.6 feet; North 78 degrees 42 minutes 18 seconds West, 42.0 feet to a.%z inch iron pin found beside a corner post at the southwest corner of said 40.000 acre tract, in the north line of said 96.20 acre tract and at the southeast corner of Twin Creeks Subdivision, unrecorded; Thence North 0 degrees 09 minutes 04 seconds West, with the west line of said 40.000 acre tract, the east line of said Twin Creeks and with a fence, passing a pipe found at 149.28 feet and continuing in all 2914.58 feet to inch iron pin set at the northwest comer of said 40.000 acre tract,_the northeast comer of said Twin Creeks and in the south line of the SW CEEE LP 67.965 acres, Ref. V. 4878, P. 1146 and in said County Road No. 367; Thence North 89 degrees 50 minutes 06 seconds East, 826.3 feet with the north line of said 40.000 acre tract, the north line of said 15.00 acre tract, the south line of said 67.965 acre tract, the south line of said 28.05 acre tract. and with said County Road to the PLACE OF BEGMUNG and containing 55.008 acres of land. PU 070/2004 - . Anna 55 WN Exhibit B. DEVELOPMENT SITE PLAN r, I. ' rim`T:�es s a' t-¢- am 114i - JiF adid , aOw old Mot miff- s sxdzd� OFF Oft po yC • n did Food do zo - r Ijs SM: ik J. 24 ft € o 's9 i s�ttyy Y�Sa ;•2 !3 i s i }veFood No No Food �Fdd Food do � ` \ dod —gg did j \/old lids _dam_ - I y ,.:cr nwnoRo 4 ITS 49:. iaw Ted Jim K� -- — C\ ' sc�'r as s�Nddddddm.e.n z Job FlkF old Old w Loci Mpg F, did eves _ IN GtAll sp- 4FS i \ \>R� j Rs. 9C w1 "T3EM�50 _ did :z?fir Lt - 3 � R \\_ c.il .cep{ ' � E ` an Ot did IF OIL IF did It do 'it N\ X ap� al p, 'dill Food 'fi D ¢D m \\ I No "` gyp• //4 )C _ ran did mood "F ,imdod All on do do Fill -' - z - WI I N ... a 46' u4 g AMP IF CM S .. - - F• .. _ L4� IN I do Food No Z IN .. .. -.: Page 8 of 8I do= PROPOSED ENTRY MONUMENT SCREENING WALL &LANDSCAPE PLAN 10' MAX. O.C. 10' MAX. D.C. i 1CONCEPTUAL SCREENWALL ELEVATION SCALE:NOT TO SCALE CENCEPTUAL ENTRY MONUMENT SCALE:NOT TO SCALE 5' WME N COUNTY ROAD NO. 367 MASONRY SCREENWALL PROPOSED CANOPY & ORNAMENTAL TREES AT 50 O.C. C� B SOCK A - HOLE WIDTH x 2 IS OF ORIENT "FACE" OF SHRUB.BALL IS TOWARD STREET OR OTHER USES. NORTH SET CROWN OF SHRUB FLUSH WITH FINISHED GRADE 3" WATER CATCH BASIN FINISHED GRADE 3" MULCH LAYER (TYP.) STONE CAP VENEER LONE COLUMN 050' O.C. WATER TABLE CAST STONE CAP CAST STONE SIGN PANEL 1 1/2" MOLDING ALL AROUND, BEVELED PAINTED BLACK PROJECT IDENTIFICATION PlAOUE WITH 8" HIGH LETTERS UNDISTURBED SOIL SHRUB PLANTING DETAIL SCALE:NOT TO SCALE STAKING WIRE (24 GAUGE TYP.) SET CROWN OF TREE 1 ABOVE FINISHED GRADE REMOVE ALL TWINE AND WIRE AROUND BALL REMOVE BURLAP FROM TOP 1/3 OF BALL (TYP.) 3" MULCH LAYER (TYP.Y PLANTING SOIL - (SEE NOTES) UNDISTURBED SOIL' REINFORCED RUBBER HOSE (TYP.) 8' STEEL FENCE POST (2 PER TREE TYP.) HOLE IS 2x MOTH OF BALL (TYP.) 3" WATER CATCH BASIN FINISHED GRADE 3'O' DEPTH (TYP.) TREE PLANTING DETAIL SCALE:NOT TO SCALE R.OIvy, ) STONE COLUMNS AT 100' O.C. 25' SVE 5' WME 1, I , 1 1 I 1 1 5 m m N COUNTY ROAD N0. 367 D BL CK B BIDE PROPOSED 111 r- I I / PLAYGROUND LEGEND: WME WALL MAINTENANCE EASEMENT SVE SIGHT VISIBILITY EASEMENT LOCATION MAP LANDSCAPE PLAN ANNA 55 55.008 ACRES OF LAND SITUATED IN THE ROBERT A. JOHNSON SURVEY, ABSTRACT NO, 479 EZRA SHELBY SURVEY, ABSTRACT NO. 839 CITY OF ANNA, COLLIN COUNTY, TEXAS DEVELOPER: PREPARED BY: cA RER n TowEESSIONAL RL TWO SERVICESUSA GROUP, INC. %Mb i3455 NOEL ROAD 23rd FLOOR 75240 CIVIL ENGINEERS - SURVEYORS - PLANNERS DALIAS, TEXAS (972) 715-6449 LANDSCAPE ARCHITECTS (972) 392-4267 (FAX) 1525 VICEROY DRIVE DALLAS, TEXAS 75235 (214) 634-3300 (214) 634-3338 (FAX) JUNE 10, 2004 USAI 2004031.0 ITEM 13. Consider action on resolution establishing annexation schedule for property owned by Anna Independent School District, said property consisting of 58.34 acres located in the Martin Moore Survey, Abstract No. 649, property being located at the northwest corner of CR 370 and CR 369. The property is located at the corner of CR 370 and CR 369, immediately east of the City's elevated water storage facility and west of the high school. The Anna ISD is seriously considering this site as the location of a new high school a few years down the road. A proposed annexation schedule is attached. Schedule of Activities for Anna ISD 66 Acre Tract A B C 1 Scheduled Actual 2 City Council sets date, time, and place for first and second public hearing 8/24/2004 3 (2 hearings to be held not more than 40 days nor less than 20 days prior to official council action) 4 5 Print notice for first PH (Newspaper Article) 8/27/2004 6 (Not more than 20 days nor less than 10 days prior to hearing) 7 8 City Council holds first public hearing 9/14/2004 9 10 Print notice for second PH (Newspaper Article) 9/16/2004 11 (Not more than 20 days nor less than 10 days prior to hearing) 12 13 City Council holds second public hearing 9/28/2004 14 15 City Council institutes annexation proceedings and 10/12/2004 16 City Council adopts annexation ordinance and service plan 17 (Not more than 40 days after first hearing nor less than 20 days after second public hearing) 18 19 Proposed ordinance submitted to U.S. Department of Justice, Texas 10/13/2004 20 Department of Housing and Community Affairs, and State Comptroller 21 22 Ordinance is filed with County Clerk 10/13/2004 23 24 Ordinance is sent to Collin Appraisal District 10/13/2004 C:1Documents and Settings\Lee1\My Documen#s\Anna Mgt\City Council\20041Agendas\25-Aug 24\Anna ISD 56 Acre Annex Schedule.xls GRAPHIC SCALE ( IN FEET ) 1 inch = 100 {}. _ — — _� \ \ ' \ I ' 0.0 I \ I \ \s o p \ \ \ ��\ P PG��L� �F'FS pp \ o a Lyvo ,;l w w \ �a o I cn w o \ ��. �p� G i \ w w \ \ = w w �s3 0 ��,. PG Q _ -� _� _\ 'PP�LA WELL \ \ P P p cl co, o of I o '7' �-��` g' P v LG qi D� rO Q O I ' RE Q�� k REF. VOL. 4162J R 2694Dc)�� \oo\ \� w� I� l Qz I`0 s` \ ��zN JG y \ �-\ 1' �\ s I0o ,'-� IO PWO S >� 1 0 \ \ Nt ��s16 00'39' "E \ � / \ W� \s I 2 w 1 1 wI �' � � 77.09 sW m \ m 'of! / I I �� I I 00'45'QO W S00'16'00�� SO 'O6'0�1 E`er \ \ \ \ s\ S00'1�2 00"E 538.1 SO '0 DO"E 50 .0 ' S�0'4 'DO E _ 470.9 ' S 24'00"E 398.3 193,18'of 201.65' \ 612 \ \ -- —�— \ BL K C , / \ / / I G / 5cj 13 / EXI'TIN j.fiREE/CINE l ��_�_, _ BLO K C 1 z 3 /4 5/ s /7 B s 10 11 t2 13 14 ' 15 16 1 1 / 22 _ _I — ;"� .�__ �\ � _ ,� 1 �'O\ RL WIL M LUSCOMBE / �gi 21 / \mod-� / —\ / / z \ \ 96.20 RES Q' D 0 2 �T/ �PROPo5E6 25 / n \ REF. VOL 2661, G. 402 It / UTILITY EASEMENT : ,o 7 1 —o —{ — � _ STREET 'B' — / —/� — \ 1 1 /; BY;.SEF1 ARAI ,( i / .G \ O )N$TRUMENT _ 16 1• � oG /' 15 9 I I \F\-i S51'47 04"W I UwWol, LLo \ ��ti '\ 93.3614 2 3 s s 7 a z 3 / 14 s �1� /� — / \Ix F �61'23'09 a vcy o / / iBLO K B (/ g / E < °f lee / //' SEER 2 / I 121 Y 87.7012 2z P o% /lee S '39'22" �, � � / w eeeel�e/ 5/ / o�Pe /" /// o x , \\ 9.21 n 31 3 2y 26 24 "1S 21 i /� Ip FAO©J.� / J/ \9 1 GU�� 111 PF 23 \'0 ' , X _ ...R1'" �,. �. g2 w / ' e ' / e ��/ B` j / 7 8 6 g� 0 I ��\I 24 Qy �� �% \� S 1107g5 . �S 9 ? =TRE / / % j 17 o y 6 .n % /G� 8 5 1 ' I/ 581*56008" 1 5 7 / — �i //;' / / /j� '�'`3 �BL K 6 \ 26 �' �9 /lee Lo9/ A of° �" / �i z ' N7 '32'00"Wl 666eeleell"/ i �I i N63'0 'T �_000e� 00"W _ N 1 \16\ 1 \ 3( — I zs N7151'5,60 W 5 9 10 EXIT N TREE LBLKE 4 5 N?8'42'18 j 'it a 0 N00 09204'W 2918 I I I ° DWI CR WI K a M °' u N �, N o T /°' lee V \ - I 16 RD �° l N m / N �--s74 �_ — -�R E RD y ' j _ —/ \ I I UN EfS) / / % �N I / \ \ \ I74— -- —1 /\ \ \ I \ \\ \ \ \� \ ♦\ l 1 l i� /'z �j SUMMARY OF SINGLE FAMILY DISTRICT REGULATIONS PROPOSED ZONING: PLANNED DEVELOPMENT SIZE (IN ACRES): 55.008 ACRES NUMBER OF LOTS: 151 RESIDENTIAL LOTS AVERAGE LOT SIZE: 81192 SQ. FT. ACTUAL DENSITY: 2.7 DU./ACRE LOT MAIN TYPES NUMBER OF LOTS: 151 LOTS MINIMUM LOT AREA: 7,200 SQ. FT. MINIMUM LOT DEPTH: 100' FOR LOTS ON CUL—DE—SACS AND EYEBROWS; 120' ELSEWHERE MINIMUM LOT WIDTH*: 60' FRONT YARD SETBACK: 25' SIDE YARD SETBACK: 5' INTERIOR LOTS 15' CORNER LOTS, REAR YARD SETBACK: 15' MINIMUM DWELLING SIZE: 11400 SQ. FT. MAXIMUM LOT COVERAGE**: 45% MINIMUM OFF—STREET PARKING SPACES***: 2 ENCLOSED ' LOT WIDTH -THE MINIMUM LOT WIDTHS SHALL NOT BE LESS THAN THOSE SHOWN ABOVE MEASURED ALONG THE FRONT BUILDING LINE. LOT RACiF - IN NO CASE SHALL MORE THAN FORTY-FIVE PERCENT (45R) OF THE TOTAL LOT AREA BE COVERED 8Y THE COMBINED AREA OF THE I BUILDING AND ACCESSORY BUILDINGS. SWIMMING POOLS, SPAS, DECKS, PATIOS, NI NG MAXIM WALKS AND OTHER PAVED AREAS SHALL NOT BE INCLUDED IN DETERMINING MAXIMUM LOT COVERAGE. " PARKING REQUIREMENTS - A MINIMUM OF TWO (2) OFF-STREET PARKING SPACES SHALL BE PROVIDED FOR EACH OWEWNG UNIT. AS PART OF THE PARKING REQUIREMENTS, AN ENCLOSED TWO -CAR GARAGE SHALL BE PROVIDED FOR EACH DWELLING UNIT. NG HEIGHT - NO BUILDINGS SHALL EXCEED THIRTY-FIVE FEET (35') OR 2 1/2 STORIES IN HEIGHT LEGEND: WME WALL MAINTENANCE EASEMENT SVE SIGHT VISIBILITY EASEMENT DEVELOPMENT 8c SITE PLAN ANNA 55 55.008 ACRES OF LAND SITUATED IN THE ROBERT A. JOHNSON SURVEY, ABSTRACT NO, 479 EZRA SHELBY SURVEY, ABSTRACT NO. 839 NOTEs: CITY OF ANNA, COLLIN COUNTY, TEXAS 1 PLOTTING THIS PROPERTY ON FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. DEVELOPER: PREPARED BY: 48085C0175 G, DATED JANUARY 19, 1996, INDICATES A PORTION OF THIS PROPERTY MARLIN ATLANTIS WHITE, INC. USA PROFESSIONAL LIES WITHIN THE DELINEATED 100-YEAR FLOOD PLAIN ZONE A, AS SHOWN, ZONE A IS GALLERIA TOWER TWO SERVICES GROUP, INC. `I DESIGNATED AS NO BASE FLOOD ELEVATIONS DETERMINED. THE REMAINDER OF THE 13455 NOEL ROAD 23rd FLOOR PROPERTY LIES WITHIN ZONE X WHICH IS DEFINED AS AREAS DETERMINED TO BE DALLAS, TEXAS 75240 CIVIL ENGINEERS - SURVEYORS - PLANNERS OUTSIDE THE 500-YEAR FLOOD PLAIN. (972) 715-6449 LANDSCAPE ARCHITECTS (972) 392-4267 (FAX) 1525 VICEROY DRIVE DALLAS, TEXAS 75235 REVISIONS: (214) 634-3300 (214) 634-3338 (FAX) JULY 20, 2004 JUNE 10, 2004 USAI 2004031.0 �. '�1T'f BUR !�i ^' � �! �' 1 �r c �,. - f ((j((I - i Fp. ' {��-i. ��,F�Y 1+ [e i � _ _. _ ) A,. t, 0 i { 1�.�.. .��j � f. i i �.J � t �� �:��� i �ii„i�.�E .!. CsR�`� �•. 1A3�! �L'a'FL: =.�'+� nn !LS_G"4M' �14..fi �6G. ,,tip-;jli � • .�:? tiJ--�r�..i .,'5���`.nG =a�-' •-- ,I /��act� �� �i ���-� 1 N�fil'x Fxaax ltix3k. _ -F �, i' J r �( '�� c .�`G .-. 5 � � ;�`�z � !h s 7� �- 1 ` i' c r J..t '� '.r.;. rip � `-�- �- T; G �' f Ya�i ITEM 14a. Public Hearing To consider public comment on proposed ordinance requiring a development plat in the city and extraterritorial jurisdiction of the city. ITEM 14b. Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000=01) regarding requiring development plat. This item has been on your agenda a couple of times recently. I have asked Mr. McCoy to provide a nice, straightforward layman's explanation of how this ordinance will help us accomplish some things that you have previously asked us to address and how it will help us deal with some future potential problems. Staff recommends passage of at least some form of this ordinance but I think everyone needs a clearer explanation of what we hope to accomplish through this set of regulations. A copy of the proposed ordinance is attached. �, .YS;.�: CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2000-01 (SUBDIVISION ORDINANCE} BY REQUIRING SUBMITTAL OF A DEVELOPMENT PLAT FOR CERTAIN TYPES OF DEVELOPMENT WITHIN THE C1TY'S CORPORATE LIMITS AND ITS EXTRATERRITORIAL JURISDICTION; REPEALING ANY PROVISIONS IN CONFLICT WITH THIS ORDINANCE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERANCE PROVISION. AND, SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna has determined that the submission of development plats is necessary to the orderly growth, aesthetic appearance, property values and welfare of the community by securing adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities; and WHEREAS, the City Council of the City of Anna seeks to require submission of development plats for certain Types of development where no such platting requirement previously existed; and WHEREAS, the City Council of the City of Anna desires to require said submissions for development both within its corporate limits and extraterritorial jurisdiction; now therefore � c t • • Section 1. Authority This Section is adopted under the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended. Section 2. Section 3.3 of Ordinance 2000-01 Amended The final paragraph of Section 3.3 (Jurisdiction) of Ordinance 2000-01 is amended to read as follows: Any owner subdividing land outside the corporate limits of the City of Anna but within its extraterritorial jurisdiction shall submit a plan of subdivision to the Planning and Zoning Commission and the plan must conform to the minimum requirements set forth in these regulations. Page 1 of 4 Section• of Ordinance 2000m0IAmended Section 5 of Ordinance 200M1 is hereby amended by adding the following paragraphs: 5.3 Development Plat Reguired: For purposes of this Section and Section 5.4, the term "development" means the new construction of any building, structure or • • - - of - (residential or • - •- or the enlarqement of anV external dimension thereof, This Section and Section 5.4 shall apply • require submission of development plat • development City's corporate limits or extraterritorial jurisdiction that would not otherwise be required to be platted •- - City's Subdivision • • 5.4 Development Plat Form and Content — A development plat shall be prepared by a registered professional land surveyor as a boundary survey (accurate in scale) on sheets not greater than 24" x 36" and to a scale of not smaller than one hundred feet to the inch (two additional mylars shall be submitted on sheets 17" x 23" to specifically meet the requirements of Collin County for filing) showing: each existing or proposed building, struc#ure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change of the building, structure or improvement; each easement and right-of-way within or abutting the boundary of the surveyed property; � the dimensions of each street, sidewalk, alley, square, park, sewers, water mains, culverts, other underground structures or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, sewers, water mains, culverts, other underground structures or other part of the property, topographical information with contour lines at one (1) foot intervals, unless otherwise permitted by the Planning and Zoning Commission due to conditions of terrain involved. All elevations shall be referred to a Geodetic Survey or a City Survey; e) the name and property lines of adjoining property owners; f) the name and location of adjacent subdivisions, streets, easements, pipelines, water courses, etc. In the case of easements, a written statement as to the easement use shall be included in the development plat; Page 2 of 4 LgJ a preliminary plan for on -site sewage disposal systems or sanitary sewers with grade, pipe size, and points of discharge; a preliminary plan %J the drainage system with grade, pipe size and location of outlets; A preliminary plan for proposed fills or other structure -elevation techniques, levees, channel modifications, and other methods to overcome flood or erosion -related hazards; location of city corporate limits line, the outer border of the City's extraterritorial jurisdiction, and zoning district boundaries, if they traverse the development, form part of the development or are abutting the development. a key map (see Section 5.1.4); Title, etc. (see Section 5.1.5); � Be accompanied by three (3) copies of the plat on 24" X 36" sheets and 20 copies on 11 X 17" sheets, a completed application form, the required submission fee, and a certificate or some other form of verification from the Collin County Central Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. 5.5 Procedure for Approval of Development Plat An applicant for approval of a development plat shall follow the same procedural steps necessary for approval of a subdivider's preliminary plat under Section 4 of the City's Subdivision Ordinance (Ordinance No. 2000- 01, as amended). Approval of the development plat by the City Council is deemed final. No development plat shall be filed or recorded, no building permit may be issued, and no new development shall begin on land covered by this Ordinance until the plat has been approved by the City Council. Section 4. Repealer All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 5. Penalties A person commits an offense if the person violates this Ordinance, including without limitation the development of any property within the City's corporate limits without an; approved development plat or in a manner that is materially inconsistent with an -- Page 3 of 4 approved final plat. An offense of this Ordinance is a Class C misdemeanor. Any person convicted of violating this Ordinance shall be fined in an amount not to exceed two thousand dollars for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. Section 62 Severance If any part of this Ordinance is for any reason found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. Section 7. Effective Da#e This ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, by the following vo#e on this the 27th day of July, 2004. AYE NAY ABSTAIN ATTEST: Ciiy Secretary APPROVED: Mayor Page 4 of 4 ITEM 15a. Public Hearing. To consider public comment on proposed ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000=01) requiring sidewalks along arterials and frontage areas of development projects. ITEM 15b. Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000-01) requiring sidewalks along arterials and frontage areas of development projects. We have also discussed this ordinance previously. The current provisions in the Subdivision Ordinance regarding sidewalks along major streets is unclear, especially along perimeter streets. This amendment is designed to require sidewalks along all subdivision streets, including all perimeter streets. CITY OF ANNA, TEXAS ORDINANCE NO. WHEREAS, the City Council of the City of Anna has determined that the provision of sidewalks along arterial and collector streets is necessary to the orderly growth, aesthetic appearance, property values and welfare of the community by securing adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities; and WHEREAS, the City Council of the City of Anna desires to require said sidewalks both within its corporate limits and extraterritorial jurisdiction; now therefore Section 1. Authority This Ordinance is adopted under the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212,041 through 212.050, as amended. Section 2. Section 8.8 of Ordinance 2000-01 Amended Section 8.8 of Ordinance 2000-01 is amended to read as follows: Sidewalks shall be constructed with the Design Standards for the City of Anna and shall be required: a. On the subdivision side of all arterial streets adjacent to the subdivision. b. On the subdivision side of all collector streets adjacent to the subdivision. c. On the residential side of all local/marginal access streets whether adjacent to the subdivision or internal. d. On both sides of all internal arterial streets. e. On both sides of all internal collector streets. f. As deemed necessary by the city council in commercial, industrial, public, and multifamily areas. Page 1 of 2 Section 3. Repealer All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 4. Penalties A person commits an offense if the person violates this Ordinance, including without limitation the development of any property within the City's corporate limits without an approved development plat or in a manner that is materially inconsistent with an approved final plat. An offense of this Ordinance is a Class C misdemeanor. Any person convicted of violating this Ordinance shall be fined in an amount not to exceed two thousand dollars for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. If any part of this Ordinance is for any reason found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. This ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, by the following vote on this the 27th day of July, Mul+. AYE EM ABSTAIN ATTEST: City Secretary Mayor Page 2 of 2 ITEM 16a. Public Hearing To consider public comment or Anna Subdivision Regulations requirements for dedication and streets. proposed ordinance amending City of (Ordinance No. 2000=01) regarding construction of perimeter and approach ITEM 16b. Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000=01) regarding requirements for dedication and construction of perimeter and approach streets. We are regularly having problems with the issue of what perimeter road improvement requirements should be imposed on property owners during the development process. The attached ordinance is an effort to address this issue. This is a major regulation and it differs slightly from the language of your current subdivision ordinance. Therefore, we don't expect you to bite this off in one session. However, the staff needs something more specific in terms of direction on this issue and hopefully this is a good starting point. It is a serious burden on a property owner who is developing at a distance from existing standard thoroughfares, however, and you should expect to hear some major weeping, wailing and gnashing of teeth. Article I Perimeter and Approach Streets Sec. 1. Purpose. Sec. 2. Definitions. Sec. 3. Requirement for dedication and construction of perimeter streets. Sec. 4. Specific perimeter street requirements. Sec. 5. Requirement for dedication and construction of approach streets. Sec. 6. Escrow funds. Sec. 7. Deadlines; adjustments. (a) Policy. It is the policy of the city that the developer or subdivider of a subdivision within the city or its extraterritorial jurisdiction shall be responsible for the dedication of right -of --way and the construction or improvement of appropriate portions of perimeter and approach streets which are necessitated by and attributable to that subdivision. The policy is based on the view that the developer of a subdivision should provide access and transportation facilities necessary to serve the new subdivision and that the perimeter and approach streets will provide access to and from the subdivision, thus increasing the marketability, utility, and ultimately the value of the property within the subdivision. The developer may be reimbursed for part of the cost of providing this access in accordance with this article. (b) Purpose. The purpose of this article is to establish responsibilities for the dedication ofright-of--way and the construction of street improvements on streets directly abutting andlor providing access to property undergoing the process of subdivision under laws and regulations of the city. This article is designed to be used in conjunction with the Community Development Plan and Thoroughfare Plan and the subdivision ordinance to ensure an orderly development plan for the growth of the community and to ensure compatibility of street systems and the development of public works infrastructure necessary to support new growth and development. 1 CITY OF ANNA PERIMETER &APPROACH STREET POLICY Sec. 2. Definitions. Words not defined in this article have the meanings ascribed to them in the subdivision ordinance. In this article: Approach street means a street other than a perimeter street that provides access to a subdivision or development. Arterial street means either a major collector street or a minor collector street, as defined herein. City standards means the street requirements for street size and right -of --way contained in the city's subdivision ordinance and this Code and the city's public works construction standards for streets and infrastructure. Collector street means either a major collector street or a minor collector street, as defined herein. County plat records means the plat records of Collin County. Developer means the owner of land proposed to be developed as a residential or nonresidential subdivision, or the owner's representative. Development means any activity that requires the submission of a subdivision plat or the securing of a building permit. Escrow means money placed in the possession of the city for the purpose set out in this article, including, but not limited to, the purchase ofright-of--way, design and construction of drainage, sanitary sewer, water facilities, curb, gutter, and pavement. Frontage means that side of a lot, parcel, or tract abutting a street right -of --way and ordinarily regarded as the frontal orientation of the lot. Local street means a street that distributes traffic to and from residences. It is typically short in length and maybe noncontinuous to discourage through traffic. Major Collector street means a major heavy traffic carrier that receives traffic from collectors and distributes it to major activity centers. It may also feed through traffic to freeways. Uses served include major educational facilities, concentrations of high density commercial, regional commercial facilities, other concentrated commercial facilities, and industrial complexes. Minor collector street means a perimeter street that carries traffic from minor collector streets to Major Collector Streets. It typically serves uses such as medium and high density residential, limited commercial facilities, elementary schools, offices and direct access to industrial parks. Perimeter street means a street which is adjacent and contiguous to a subdivision or development or one whose width lies partly inside and partly outside a subdivision or development. 2 CITY OF ANNA PERIl�IETER &APPROACH STREET POLICY Residential collector street means a perimeter street that carries traffic from local streets to other collector streets. It typically serves low and medium residential, limited commercial facilities, elementary schools, some small offices and direct access within industrial parks. Right -of --way means strip of land, other than a drainage or utility easement, occupied or intended to be occupied by a street, crosswalk, railroad road, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another public use. Subdivider means a person who: (1) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; (2) Directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plot in a subdivision; or (3} Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development, a subdivision or an interest, lot, parcel, site, unit, or plot in a subdivision. Sec. 3. Requirement for dedication and construction of perimeter streets. (a) Dedication requirement. (1) A subdivider shall dedicate a portion of the right -of --way for perimeter streets sufficient for the type of street that is reflected in the city's Community Development/Thoroughfare land use plan and/or subdivision regulations at that location. The minimum width of the dedications shall be based on the following street standards as provided in the thoroughfare section of the Community Development Plan: �LVl.al !_—_ ' !Residential Collector Minor Collector jMajor Collector 31' of pavement, 50' right -of --way 36' of pavement, 60' right -of --way 14' to 48'of pavement, 80' right -of --way 2' of pavement, * 120' right -of --way *Exclusive of center or right hand turn facilities (2) The subdivider shall dedicate those portions of the right -of --way lying between the center line of the perimeter street and the nearest property line of the subdivided property. If a subdivision borders only one side of a perimeter street, the subdivider is responsible for dedicating right -of --way needed for the one-half of the street right -of --way that is contiguous to the subdivider's property. If a subdivider owns a tract of land which is bordered by a perimeter street on more than one side, the subdivider is responsible for dedicating appropriate right -of --way for the entire width of the perimeter street. 3 CITY OF ANNA PERIMETER &APPROACH STREET POLICY (b) Limitation on dedication and construction. The requirements of this article for dedication and construction of perimeter streets are based upon the reasonable minimum standards which are designed to compensate for the effects of development upon city streets. No construction or payment of fees shall be required under this article in excess of those requirements directly attributable to or directly benefitting the particular development. A subdivider is not required to dedicate right -of --way along any one perimeter street greater than one-half of a 120 foot. right -of --way (60 feet). It is presumed that any right -of --way requirements greater than 120 feet in width are designed to accommodate arterial type thoroughfares that provide transportation services not attributable solely to the surrounding development. (c) Additional right -of --way. When a subdivider is required to dedicate right -of --way for a perimeter street or to construct perimeter street improvements the city may require the subdivider to dedicate right -of --way for ancillary drainage improvements and to construct necessary supporting drainage improvements. Sec. 4. 5pecifac perimeter street requirements. (a) Local streets. When development occurs adjacent to a perimeter street which is not designated as an arterial or collector street on the comprehensive land use plan, the developer shall comply with the following requirements: (1) Existing street. If the local street adjacent to the subdivision is already built to city standards, the developer shall, at the option of the city, prior to acceptance of the subdivision by the city: a. Dedicate any additional right -of --way needed for other public improvements directly adjacent to the developer's side of the existing street and right -of --way; or b. Install, reinstall, or upgrade any curb, gutter, drainage, sidewalks, signage, lighting, or other improvements as determined by the city engineer to be required by city standards. (2} Perimeter street fee for existing street. If the perimeter street was constructed by a prior developer under the provisions of this article, then the current developer shall be charged a one time perimeter street fee. The fee shall be established as one-half the cost per linear foot of constructing the perimeter street and related improvements multiplied by the number of linear feet of the perimeter street adjacent to the new development. The developer who constructed the street shall submit copies of contracts to the city to establish the cost of the project that is subject to rebate. The current developer shall pay this fee to the city before acceptance of the subdivision by the city. (3) No existing street; developer responsibility for construction; pro rata rebate. If the local perimeter street adjoining the development has not been constructed the developer must construct a complete 31-foot street with curb, gutter, drainage facilities, sidewalks, and signage in conformance with city standards. The initial developer is required to construct a complete street because it is impractical and :l CITY OF ANNA PERIMETER &APPROACH STREET POLICY unsafe to build only one-half of atwo-lane street. The developer is responsible for all construction, engineering, testing, and inspection costs. A developer required to construct the full street surface under this provision will be eligible to receive a rebate of one-half of the cost of the street, curb, gutter, drainage facilities, sidewalks, signage and related costs when development occurs on -the opposite side of the street. The construction required by this section shall be completed prior to acceptance of the subdivision by the city. (b) Collector streets. When development occurs adjacent to a perimeter street, which is designated as a major collector or minor collector street on the thoroughfare section of the Community Development Plan, the developer shall comply with the following requirements: (1) Existing street. If the minor or major collector street adjacent to the subdivision is already built to city standards, the developer shall: a. Dedicate any additional right -of --way needed for other public improvements directly adjacent to the developer's side of the existing street surface and right -of --way; and b. Install, reinstall, or upgrade any curb, gutter, drainage, sidewalks, signage, lighting, or other improvements as determined by the city engineer to be required by the city standards. (2) Perimeter street fee for existing street. If the perimeter street was constructed by a prior developer under the provisions of this article, then the current developer shall be charged a one time perimeter street fee. The fee shall be established as one-half the cost per linear foot of constructing the perimeter street and related improvements multiplied by the number of linear feet of the perimeter street adjacent to the new development. The current developer shall pay this fee to the city prior to acceptance of the subdivision by the city. (3) No existing street; developer responsibility for construction. If the perimeter street adjoining the development is proposed to be a major or minor collector street, and the street has not been constructed or is in such condition that complete reconstruction is in the opinion of the city council necessary, the developers along each side of the street must construct two complete lanes with curb, gutter, signage, drainage and sidewalk facilities in conformance with city standards. The developer is responsible for all construction, engineering, testing, and inspection costs. Construction of the street or portion of the street, as required by the city, must be completed prior to acceptance by the city of the subdivision adjacent to the perimeter street. (c) Time period for rebates. If the city collects a rebate as provided for in subsections (a)(2) or (b)(2), above within ten years of the acceptance of the street by the city, it shall pay the collected amount to the developer who originally constructed the street as soon as practicable after receipt of the funds. At the expiration of the tenth year, a developer is no longer entitled to receive a rebate. 5 CITY OF ANNA PERIMETER &APPROACH STREET POLICY Sec. 5. Requirement for dedication and construction of approach streets. (a) Nonavailability of approach street access. If sufficient vehicular access approaching the subdivision is not available to serve the proposed subdivision as determined by the city council, the developer must select among the following alternatives: (1) Discontinue development until an approach street has been installed providing access to the proposed subdivision; (2) Petition the city council to expedite the construction of an approach street serving the proposed subdivision under its regular capital improvement program; or (3) Construct the approach street in order to provide required access to the proposed subdivision. The developer will be responsible for all costs associated with the installation of necessary approach streets, including, but not limited to engineering, surveying, testing, easement preparation easement and right -of --way acquisition, and inspection. (b} Credit; pro rata rebate. A developer who installs an approach street pursuant to the provisions of this section is entitled to a credit for all costs associated with the installation of the approach street against any street impact fees that maybe lawfully assessed against the developer for that portion of the approach street constructed. In addition, the developer is entitled to a pro rata rebate from any impact fees or perimeter street fees which maybe lawfully assessed and collected by the city for the portion of the approach street constructed by the initial developer. An initial developer is entitled to a pro rata rebate for a period often years following completion of the approach street. At the expiration of the tenth year the developer is no longer entitled to receive the rebate. (c) Oversizing. When required for the proper and orderly growth of the city, the city council may require a developer to install an approach street larger than necessary to support the specific development. If the developer is required to install an approach street larger than necessary to serve the specific development, the developer will be reimbursed by the city for the difference in cost between the cost of installing the oversized street and the cost of installing a street meeting minimum city standards required for the type of street required to serve the development. The city will have ten years from the date of completion of the street to reimburse the developer for the difference in cost for the oversizing required. (1) Credit for development fees. The developer will receive a full credit for any impact fees which maybe lawfully assessed against the developer for that portion of the approach street constructed. In addition, the city may compensate the developer for the difference in cost mandated by oversizing by crediting up to 50 percent of development fees charged against any portion or phase of the development. (2) Transfer of credit. Upon written request from the developer, credit for development fees maybe transferred from the current development project to CITY OF ANNA PERIMETER &APPROACH STREET POLICY 0 subsequent development projects, subdivisions or phases undertaken by the developer. Such transfers must be approved by the city council. (3) Time limit for payment. Any balance remaining due and owing from the city to the developer for oversizing at the end often years will be paid in full at that time by the city. Sec. 6. Escrow funds. (a) Established. The city shall establish an escrow fund for the deposit of all street pro rata fees. A separate escrow fund shall be established for each street constructed by the developer. All monies received from subsequent developments or subdivisions for pro rata rebate shall be deposited into the specific escrow fund established. Funds in a specific escrow account shall be used only if the project for which the particular escrow fund was established. The city shall have sole authority to determine the timing and priority of the construction of all streets with escrowed funds. (b) Payments. Twice each year on January 30th and July 31 st, the City Administrator shall inventory the escrow account for each street to determine what percentage of those monies is allocable to reimburse oversizing cost owned by the city as determined under section 4. This allocation shall be determined in the same proportion that the costs of the oversized street bears to the cost of the street required to serve the development. Upon completion of the inventory, the City Administrator shall transmit all escrow funds due and owing to the appropriate developers. Upon payment of these funds, the city will receive credit for the amount of the money allocable toward its reimbursable oversizing requirements as set forth section 4. (c) Maximum payment. A developer is not entitled to receive reimbursement for a sum greater than the initial cost of the street, less the pro rata share of the street that would have been attributable to the initial developer under this article. (d) When city may take possession of funds. In the event that the city collects an escrow or pro rata fee under the terms of this article and the original developer no longer exists or cannot reasonably be located, the city may, after a period of six months, take possession of the funds and use them to make street improvements in the city. Sec. 7. Deadlines; adjustments. (a) Time payment or construction. All construction or escrow and payment of funds by a developer as required in this article shall be due and payable prior to acceptance of the subdivision by the city. Fees or construction requirements shall be paid for all property that is final platted at time of construction of the subdivision. (b) Adjustment. The city council may, in appropriate cases and based upon specific facts presented, authorize an adjustment, offset or waiver of any construction or fee payment CITY OF ANNA PERIlVIETER &APPROACH STREET POLICY requirements under this article where it is determined that such requirements place an unreasonable burden on the development and do not bear a rough proportionality to the requirements necessary to serve the development, or when all or a portion of the street will be brought up to city standards by the Texas Department of Public Transportation. E3 CITY OF ANNA PERIlVIETER &APPROACH STREET POLICY August 24, 2004 Kathryn D. Waters VP Commuter Rail and RR Management Box 660163 Dallas, Texas 75266-7210 Dear Ms. Waters, The Mayor and City Council of Anna, Collin County, Texas, endorse the plans of the Anna Area Historical Preservation Society to move the original Anna depot to the location where it was built. The location is now the property of DART. We feel it will be an asset to our city to have the depot as a historic structure in our town, especially if the building is placed on said property. We are fortunate to have in our rapidly growing city an active historical organization. This organization is tax-exempt so that donations can be made for this project. Please be aware that we are in favor of this project and the historical preservation of our past. Thank you for your time and consideration in this matter.