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HomeMy WebLinkAboutOrd 881-2020 Rezoning Property at Rosamond and Ferguson Parkways (The Woods at Lindsey Place) AFFIDAVITSAFFIDAVIT OF NATE PIKE STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, personally appeared NATE PIKE, who, being by me duly sworn, testified as follows: My name is NATE PIKE. I am of sound mind, capable of making this Affidavit and personally acquainted with the facts herein stated. 1. I hold the public office of Mayor of the City of Anna, Texas and held said office at all times relevant to the facts stated herein. In my capacity as Mayor of the City Council I am a voting member of the City of Anna City Council. 2. I attended the November 10, 2020 Regular City Council Meeting of the City of Anna, Texas City Council (the "November 10 Council Meeting") and was present for all items considered by said City Council at that meeting. Attached to this affidavit is the official agenda for the November 10 Council Meeting (the "November 10 Agenda"). See Exhibit 1. 3. Item 7.b. of the November 10 Agenda was a proposed zoning change for Planned Development zoning (the "PD Zoning") for a development known as the Woods at Lindsey Place generally located at the northwest corner and southwest corner of future Rosamond Parkway &future Ferguson Parkway in the City of Anna's corporate limits (the "Property"). Part of said Item 7.b. was a proposed zoning change to the Property that includes certain areas proposed to be zoned "Single -Family Residence Zero lot line homes (SFZ), and Single -Family Townhome District (SFTH)". Said agenda item for said PD Zoning did not include any reference to "Two -Family Residential District" or otherwise reference or include any type of two-family residential zoning. 4. During the same November 10 Council Meeting the City Council approved a Development Agreement governing the Property which contemplated the above -referenced submission of the PD Zoning for consideration by the City Council (the "Development Agreement"). (See Exhibit 1, item 6.e). A copy of the Page 1 of 3 Development Agreement is attached to this affidavit as Exhibit 2. Consistent with the November 10 Agenda, the Development Agreement stated that the zoning proposal includes certain areas proposed to be zoned gle-Family Residence District- Zero lot line homes (SF-Z), and SF-TH Townhome Distict (SF-TH)". The Development Agreement did not include any reference to "Two -Family Residential Distict" or otherwise reference or include any type oftwo-family residential zoning. 5. Dw-ing the same November 10 Council Meeting the City Council approved a Concept Plan governing the Property which contemplated the above -referenced submission of the PD Zoning for consideration by the City Council. (See Exhibit 1, item 7.b.) A copy of that Concept Plan is attached to this affidavit as Exhibit 3. Consistent with the November 10 Agenda and the Development Agreement, the Concept Plan included the Zero Lot Single Family and Single -Family Townhome zoning areas. The Concept Plan did not include any reference to "Two -Family Residential Dish•ict" or otherwise reference or include any type oftwo-family residential zoning. 6. Attached to this affidavit are the official meeting minutes for the November 10 Council Meeting (the "November 10 Minutes"). See Exhibit 4. Consistent with the November 10 Agenda, the Development Agreement, the Concept Plan, and the City Council's vote, the November 10 Minutes show that the PD Zoning that the Council approved for the Properly included certain areas proposed to be zoned "Single - Family Residence -Zero lot line homes (SF-Z), and Single -Family Townhome District (SF-TH)". The November 10 Minutes did not include any reference to "Two -Family Residential District" or otherwise reference or include any type of two-family residential zoning. 7. Attached to this affidavit is a copy of a document numbered "Ordinance No. 881-2020" that I executed in my capacity as Mayor of the City of Anna. (the "Ordinance Signed in Error"). See Exhibit 5. I later learned that the Ordinance Signed in Error contains several errors that incorrectly describe a "Two -Family Residential District" zoning area as being included within the PD Zoning. The Ordinance Signed in Error was also incorrectly dated October 27, 2020 as it was not approved by the City Council until November 10, 2020. To correct the errors and inaccuracies in the Ordinance Signed in Error, I subsequently executed the Page 2 of 3 t'�••••�h•, LAURETTA KAY BLACKETER .•• �i.o- My Notary ID # 129369379 VIP 0 .foolOF,I Expires April 1, 2021 document numbered "ORDINANCE NO. 881-2020 (CORRECTED)" a copy of which is attached to this affidavit (the "Corrected Ordinance"). See Exhibit 6. The Corrected Ordinance accurately reflects the PD Zoning that was adopted by the City Council, which includes certain areas proposed to be zoned "Zero Lot Single -Family Townhome Dishict (SF-TH)". The November 10 Minutes did not include any reference to "Two -Family Residential Dishict" or otherwise reference or include any type of two-family residential zoning. The Corrected Ordinance also corrects the date of the Council's vote on the PD Zoning to be November 10, 2020 instead of October 27, 2020. 8. I have provided the original executed Corrected Ordinance to Carrie L. Land, the City of Anna City Secretary, to be filed with the City's public records as the official document that constitutes Ordinance No. 881-2020 (Corrected) to fully replace and supersede the Ordinance Signed in Error. In witness whereof, I have hereunto set my hand and affixed the official seal of said office this ay of 2021. /. G NATE PIKE Mayor City of Anna, Texas Sworn to and subscribed before in day otary Public -State of T Page 3 of 3 THE CITY OF txnna City Council Meeting Tuesday, November 10, 2020 @ 6:30 PM Anna ISD, Board Room 20I E. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on November 10, 2020, at the Anna ISD Board Room, Located at 201 E. 7th Street, to consider the following items. Welcome to the City Council meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary 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 City Council regarding an item on this meeting agenda that is not scheduled for public hearing and any item that is not on this meeting agenda. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland(o)annatexas.gov) by 5:00 PM so it may be read into the record. 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. Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Work Session. a Review and Discuss Future Bond Program Development (Economic Development Manager Taylor Lough) 6. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes, October 27, 2020. (City Secretary Carrie Land) b. Review minutes of the October 5, 2020 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Approve a Resolution regarding the Jonic Addition, Block A, Lot 1, Minor Plat. (Director of Development Services Ross Altobelli) d. Approve a Resolution regarding the Avery Pointe Commercial, Block A, Lot 1 R and 2, Replat. (Director of Development Services Ross Altobelli) e. Development Agreement - The Woods at Lindsey Place Approve a Resolution entering into a development agreement with LHJH Properties, LTD to establish development and design regulations for further development on 275 acres located at the northwest and southwest corners of future Rosamond Parkway and Future Ferguson Parkway. (Director of Development Services Ross Altobelli) f. Approve a Resolution authorizing the City Manager to execute a Roadway Impact Fee Credit Agreement for the construction of Leonard Avenue by and between Gehan Homes, Limited and the City of Anna, Texas. (Director of Public Works Greg Peters, P.E.) g. Approve a Resolution authorizing the City Manager to execute an amendment to the Task Order for the engineering design and land surveying of Hackberry Drive by and between the City of Anna, Texas and Birkhoff, Hendricks, and Carter LLP. (Director of Public Works Greg Peters, P.E.) h. Approve a Resolution authorizing the City Manager to execute payment to the North Collin Special Utility District for the relocation of an existing 2-inch water main in Foster Crossing Road as required for the widening of Foster Crossing Road. (Director of Public Works Greg Peters, P.E.) Approve a Resolution authorizing the City Manager to condemn real property for the sanitary sewer easement required for the construction and maintenance of the Hurricane Creek Line B sanitary sewer main. (Director of Public Works Greg Peters, P.E.) j. Approve a Resolution authorizing the City Manager to execute a Task Order with Biggs &Matthews, Inc. for the engineering analysis and design of the expansion of the Collin Water Pump Station to increase public water supply for the City of Anna, Texas. (Director of Public Works Greg Peters, P.E.) k. Approve a Resolution authorizing the City of Anna, Texas to participate in the Collin County Purchasing Cooperative for the purchase of goods and services for the public and authorize the city manager to sign the agreement. (Finance Director Alan Guard) I. Approve the Quarterly Investment Report for the Period Ending September 30, 2020. (Finance Director Alan Guard) m. Approve Resolution approving a policy and procedure for naming City parks, trails, recreational areas and other recreational facilities. (Neighborhood Services Director Marc Marchand) n. Approve Resolution approving and authorizing the City Manager to purchase playground equipment for Johnson Park from GameTime c/o Total Recreation Products, Inc. through Buy Board Texas Cooperative. (Neighborhood Services Director Marc Marchand) o. Approve Ordinance amending Chapter 7, Health and Sanitation, Article 7.03, Food Establishments, to provide regulations relating to food establishments, food trucks and mobile vendors. (Neighborhood Services Director Marc Marchand) p. Approve Ordinance amending Appendix A (Fee Schedule) adding a new article for Health Permit Fees. (Neighborhood Services Director Marc Marchand) q. Approve Resolution approving extension of Agreements with Collin County for Animal Control Services. (Neighborhood Services Director Marc Marchand) r. Approve Resolution approving and authorizing the City Manager to purchase a John Deere 5100E Utility Tractor from United Ag & Turf through Buy Board Texas Cooperative. (Neighborhood Services Director Marc Marchand) s. Approve a government document for participation in the Federal Equitable Sharing Agreement regarding the Anna Police Department's Asset Forfeiture Report. (Chief Isom) 7. Items For Individual Consideration. a. 1) Conduct a public hearing to consider public comment regarding the West Crossing Phase 11, Block KK, Lots 23R and 25R, and Block MM, Lot 28R, Replat. 2) Consider/Discuss/Action on a Resolution regarding the West Crossing Phase 11, Block KK, Lots 23R and 25R, and Block MM, Lot 28R, Replat. (Director of Development Services Ross Altobelli) b. 1) Conduct a public hearing to consider public comments to rezone 275± acres located at the northwest corner and southwest corner of future Rosamond Parkway and future Ferguson Parkway from AG Agricultural District to Planned Development -Multi -Use (PD-MU). The planned development district will include Restricted Commercial (C-1), General Commercial (C-2), Multiple -Family Residential - High Density (MF-2), Single Family Residence-72 (SF-72), Single Family Residence-60 (SF-60), Single - Family Residence - Zero lot line homes (SF-Z), and Single -Family Townhome District (SF-TH). Applicant: David Booth, DR Horton 2) Consider/Discuss/Action on an Ordinance regarding the request to rezone 275± acres from AG Agricultural District to Planned Development -Multi -Use (PD-MU). 3) Consider/Discuss/Action on a Resolution regarding the Concept Plan, The Woods at Lindsey Place, associated with the rezoning request. (Director of Development Services Ross Altobelli) c. Consider/Discuss/Action On A Resolution Setting A Public Hearing Under Sec. 372.009 Of The Texas Local Government Code On The Advisability Of The Dissolution Of A Public Improvement District And Improvements Within The Extraterritorial Jurisdiction Of The City. d. Consider/Discuss/Action On A Resolution Setting A Public Hearing Under Sec. 372.009 Of The Texas Local Government Code On The Advisability Of The Creation Of A Public Improvement District And Improvements Within The Extraterritorial Jurisdiction Of The City. e. Consider/Discuss/Action on an Ordinance Ordering a Run -Off Election to be held December 8, 2020. (City Secretary Carrie Land) f. Consider/Discuss/Action on filling a vacancy on the Planning and Zoning Commission. (City Secretary Carrie Land) 8. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on November 6, 2020. )(7f 4toC Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. STATE OF TEXAS § § COUNTY OF COLLIN § CERTIFICATE TO COPY OF PUBLIC RECORD BEFORE ME, the undersigned authority, personally appeared CABBIE L. LAND, who, being by me duly sworn, testified as follows: My name is CABBIE L. LAND. I am of sound mind, capable of making this Affidavit aird personally acquainted with the facts herein stated. I hold the public office of City Secretary of the City of Anna, Texas and held said office at all times relevant to the facts stated herein. I am a custodian of the records of the City of Anna, Texas, ahome-rule municipality in Collin County, Texas. Attached hereto (as Exhibit 1) are five (5) pages of records from the City of Anna, Texas constituting the Agenda for the Tuesday, November 10, 2020 City of Anna City Council Meeting. These pages of records at-e kept by said organization in its regular course of business and it was in the regular course of business of said organization for one of its employees or representatives, with knowledge of the act, event, condition, or opinion recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. I fiuther certify, in the perfornance of the functions of my office, fliat said five (5) pages of records are official records from the public office of the City Secretary of the City of Anna, Collin County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof. I have hereunto set my hand and affixed the official seal of said office this �� day of 2021. LAURETTA KAY BLACKETER My Notary I� # 129369379 Expires April 1, 2021 CABBIE L. LAND City Secretary City of Anna, Texas Sworn to and subscribed before me on the I day Page 1 of 1 2021. - State of EXHIBIT 2 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of November, 10, 2020 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and LHJH Properties, LTD., a Texas limited partnership ("Property Owner") as follows: RECITALS WHEREAS, the Property Owner is the sole owner of 275.0± acres of real property described in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and, WHEREAS, the Property is presently under contract (the "Contract") to be sold by the Property Owner and purchased by DRHI, Inc., a Delaware corporation ("Developer"). WHEREAS, Property Owner has, at the request of Developer, applied to rezone the Property to allow for Planned Development -Multi -Use which will include the following zoning districts with modified development standards; C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-72 Single -Family Residence District (SF-72), SF-60 Single -Family Residence District (SF-60), SF- Z Single -Family Residence District - Zero lot line homes (SF-Z), and SF-TH Townhome District (SF-TH); and, WHEREAS, the City's Planning &Zoning Commission and City Council have given the requisite notices by publication and otherwise and have scheduled public hearings with respect to the rezoning of the Property as required by law; and, WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to enter into a development agreement to establish development and design regulations to ensure that future development is appropriate for the area and fits in well with adjacent properties; and, WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject matter specifically set forth herein and shall supersede provisions of Anna City Code of Ordinances and other regulations and adopted policies of the City (collectively, "City Regulations") only to the extent that any such City Regulations directly conflict with the terms of this development agreement; and, NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as 1 Page reflected in the covenants, duties and obligations contained herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date: SECTION 1. RECITALS INCORPORATED. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this development agreement and said recitals constitute representations by Property Owner, Developer, and the City. SECTION 2. DEVELOPMENT STANDARDS /BUILDING MATERIALS. With respect to all structures/development within the PD-MU Zoning District, Property Owner agrees to comply or to cause the builders to comply and any other successors or assigns to comply with all City Regulations and with the masonry material requirements and all other requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards and with the following standards (in the event of any conflict, the following listed standards shall govern). Nonresidential Buildings A. At least 80% of the exterior walls (excluding doors, door frames, windows, and window frames) shall use only stone, brick, and/or split face concrete masonry units in the construction of the exterior facade that are visible to the public. Be At least 60% of exterior fagades not visible to the public (excluding doors, door frames, windows, and window frames) are required to be brick or rock veneer. C. A maximum of 10% of any exposed exterior wall may consist of EIFS D. Where the function of an individual business, or the recognized identity of a brand dictates a specific style, image, or building material associated with that company, the masonry provision may be modified; however, the development shall maintain harmony in terms of overall project design and appearance, and such design shall be subject to approval by the City Council after recommendation from the Planning & Zoning Commission. Multiple -Family Residence Buildings A. All multi -family buildings and structures shall have at least sixty percent (60%), for the first three stories of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas (should be allowed as plane break), constructed of masonry (brick/rock veneer) materials with no more than forty percent (40%) consisting of cementitious siding (Hardie products) or stucco materials. 2�Page B. A maximum of '109/6 of any exposed exterior wall may consist of EIFS C. Roofing materials for bungs and structures must be architectural roof shingles, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be used as roofing material. D. Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. E. Two or more distinct building models shall be designed for projects with more than four primary buildings. F. A covered entry area shall be designed at the main entry to each building. G. A minimum of 75% of all units must have one of the following design features: a true balcony, stoop, or patio to create outdoor living space. H. Four architectural design features are required on facades facing public streets, parking, and common areas. Acceptable architectural design features may include but are not limited to: 1} Articulation of building facade. 2) Extensions to the building through bay or box windows, and other similar features projecting out from the facade. 3) A horizontal change in building materials between stories of a building. 4} Variation in building materials between vertical intervals. 5) Variations in window placement. 6) Architectural features such as shutters, awnings, balconies, verandas, railings, dormersI chimneys, decorative moldings or ornamental details. 7) Roof height, pitch, ridgelines, and materials shall be varied to create visual interest and avoid repetition. Single -Family Residence Buildings (SF-72, SF-60, SF-Z, and SF-TH1 A. Except as noted below, the exterior walls (excluding windows and doors) on the first -floor front elevation of any structure shall be 90 percent masonry and 80 percent on the second -floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. B. A maximum of I M/o of any exposed exterior wall may consist of EIFS. C. Second floor Dutch gable roof elements are not required to be masonry if set back at least 3 feet from the first -floor front elevation vertical plane. D. The masonry standards that apply to the front elevation of a structure as described in subsection (A) above shall also apply to any exterior walls on a structure that are: (i) adjacent to and face a public street or right -of --way; or (ii) visible from and located immediately adjacent to a public park, reserved open space or neighborhood common area, or an undeveloped flood hazard or drainage area that is also adjacent to a public street. E. Roofing materials of a structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, wood shingles, wood shakes or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be used as roofing material. a. House repetition: i. Within residential developments, single-family homes with substantially identical exterior elevations can only repeat every three (3) lots when fronting the same right -of --way including both sides of the street. ii. 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. b. Roofs: i. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall, however, the overhang shall not encroach into a setback more than one foot. ii. Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be used as roofing material. c. Garages: On front entry garages the face of a garage (i} may not be extended more than ten feet beyond the remainder of the front elevation of the primary living area of a house; and (ii) the garage doors may not be over 60% of the total frontage width of a house whether or not swing drives ("J" drives) are used. Porches or columns are not considered part of the front elevation of the primary living area. d. Building articulation: At least four (4) facade articulation techniques are required on each single-family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. i. Abase course or plinth course; banding, moldings, or stringcourses; quoins, oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.) ii. Balconies. iii. Bay windows. iv. Masonry chimney(s). v. Double -entry door(s). vi. Covered Entry(ies) The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. viii. Front porch of at least 40 square feet. ix. The installation of at least two (2) coach lights. x. Other techniques for building articulation can be substituted if administratively approved by the administrative official. e. Garage doors. All garages must also incorporate wood clad (or equivalent) garage doors or wood composite doors and contain at least two of the following enhancements: Two single garage doors (in lieu of double doors); 5�Page ii. Decorative windows; Decorative hardware; iv. Garage door recessed a minimum of 12 inches from the garage face; v. Cast stone surround. f. Front doors. All doors on the font facade of a residence shall be constructed of wood, iron, glass, and/or architectural fiberglass. SECTION 3. NOTICES. Any and all notices required to be given by either of the parties hereto must be in writing and will be deemed delivered upon personal service, if hand -delivered, or when mailed in the United States mail, certified, return receipt requested, addressed as follows: To City: City Manager City of Anna 111 North Powell Parkway PO Box 776 Anna, Texas 75409 To Property Owner: LHJH Properties, LTD PO Box 122 Anna, Texas 75409 Attn: Russell L Harlow SECTION 4. MODIFICATIONS OR TERMINATION. This Agreement may only be modified and/or terminated as follows: (a) by mutual written agreement of Property Owner and City; andlor (b) unilaterally by City upon default of the Property Owner. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve the rezoning of the Property to be zoned as Planned Develop ment-Multi-Use which includes the following zoning district with modified development standards; Restricted Commercial (Cool), General Commercial (C-2), Multiple -Family Residential - High Density (MF-2), Single Family Residence-72 (SF-72), Single Family Residence-60 (SF-60), Single -Family Residence - Zero lot line homes (SF-Z), and Single -Family Townhome District (SF-TH), as set forth in Section 9.04 of the Anna City Code of Ordinances, ("Zoning Ordinance"). The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve any proposed rezoning of the Property. SECTION 5. CLOSING. The Contract provides that the closing and funding of the sale of the Property shall occur on December 17. 2020, unless otherwise amended by the parties to the Contract (the "Closing"). Notwithstanding anything to the contrary herein, upon Closing and funding of the sale of the Property, Developer or its successors or assigns shall fully assume all of Property Owner's rights and obligations under this Agreement and LHJH Properties, Ltd. and LHJH Management Company, LLC, its successors and assigns, shall be fully and completely released from this Agreement for all purposes, without the necessity of additional notice from or action by any Party. Nothing in this Section 5 shall serve to release any subsequent owners of the Property from the terms, conditions and obligations in this Agreement. If Closing does not occur and the Contract is terminated, the City agrees to reasonably cooperate with Property Owner to modify the terms and conditions of this Agreement to accommodate any subsequent purchaser(s) and/or alternative use(s) of the Property. SECTION 6. DEFAULT. If Property Owner, its heirs, successors or assigns or subsequent owners of the Property, fail to fully comply with all the terms and conditions included in this Agreement (the "Defaulting Owner"), City will have the following non-exclusive and cumulative remedies. A. Withholding of utilities or withholding or revocation of permits and other approvals required for development and use of the portion of the Property that is the subject of the default (but no other portions of the Property) including without limitation building permits and certificates of occupancy. B. The Defaulting Owner, or its heirs, successors or assigns, or subsequent owners of the Property (collectively, the "Defaulting Developer Parties") shall be liable to pay to the City the sum of $2,000 for each failure to fully comply with the development standards set forth in Section 3 of this Agreement. The Defaulting Developer Parties shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain, and said amounts are agreed to be the amounts of damages which the City would sustain. Notwithstanding the foregoing, none of the Defaulting Developer Parties shall be liable to pay the liquidated damages that accrue under this paragraph unless there is a breach of any material term or condition of this Agreement 7�Page and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). In the event of a breach that is not timely cured in accordance with this paragraph, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide a subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur. C. In the event of a default, the non -defaulting party will additionally have any and all remedies available to it at equity or in law. SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. Except as otherwise provided for herein, this Agreement will be binding upon and inure to the benefit of the partiesrespective successors, assigns and personal representatives. This Agreement will run with the land and be binding on all subsequent Property Owners. SECTION 8. INDEMNIFICATION AND HOLD HARMLESS. THE PROPERTY OWNER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND. EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES AND OTHER COSTS ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE STRUCTURES OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS• AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION THE INDEMNIFYING PARTY SHALL NOT HOWEVER BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE, IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN PERCENTAGE OF RESPONSIBILITY, THE INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE DEFEND HOLD HARMLESS AND INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE DATE HEREOF WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the design, construction or installation of any of the improvements to the Property or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same. This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This Section 8 will survive the termination of this Agreement. SECTION 9. RECORDATION. The parties may record this document in the property records of Collin County on or after one (1) business day after Closing and funding of the Contract. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 10. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. AUTHORITY. Property Owner represents and warrants to the City that the Property Owner owns the Property that this Agreement is binding and enforceable on the Property. SECTION 12. INVALID PROVISIONS. If any provision of this Agreement is held not valid, such provision will be deemed to be excised there from and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated I�erein. CITY OF %VNNA Jim Proce, City Manager IN WITNESS WHEREOF STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on thej„�1� day of ���H�h�Yi2� �,4,, 2020, appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas CABBIE L SMITH My Notary i9 # 1141�104 E�1res February 4, zo23 10�PaJe LHJH Properties, LTD., a Texas limited partnership, By: LHJH By: ing member 11►\►1►/��rilx.Y.y►JICI�.���T STATE O F TEXAS COUNTY OF COLLIN partner Before me, the undersigned notary public, on the 10th day of November, 2020, appeared Russell L. Harlow., known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same in his/her capacity as managing member of LHJH Management Company LLC., in its capacity as general partner of LHJH Properties, LTD, a Texas limited partnership. Notary Public, State of Texas :�:'�' CABBIE L, SMITH My Notary ID # 11419404 Expires February 4, 2023 11 �Pa�c EXHIBIT 1 - page 1 of 3 FIELD DESCRIPTION: BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being all of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T), being part of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424640, (O.P.R.C.C.T) and being more particularly described as follows: BEGINNING at afive-eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in Instrument No. 201908007000946750, (O.P.R.C.C.T), THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,984.87 feet along the south line of said 159.819 acre tract of land (20061003001424600) and along the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" (hereinafter called "iron rod set") at the southwest corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northwest corner of said 226.62 acre tract of land and said iron rod being in the east line of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 18, LLC, recorded in Instrument No. 20161020001423440, (O.P.R.C.C.T); THENCE North 01 degrees 07 minutes 28 seconds West, a distance of 272.50 feet along the west line of said 159.819 acre tract of an (20061003001424600) and along the east line of said 17.863 acre tract of land to a one-half inch iron rod found at the northeast corner of said 17.863 acre tract of land and said iron rod being at the most southerly southeast corner of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630,(O.P.R.C.C.T), THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 4,656.06 feet along the most southerly east line of said 555.801 acre tract of land to a one-half inch iron rod found at the most westerly northwest corner of said 159.819 acre tract of land (20061003001424640); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 774.75 feet along the most westerly north line of said 159.819 acre tract of land (20061003001424640) and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; EXHIBIT 1 - page 2 of 3 THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet over and across said 159.819 acre tract of land (20061003001424640) to a one-half inch iron rod set in the east line of said 159.819 acre tract of land (20061003001424640), said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the most easterly northeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northwest corner of a called 95.468 acre tract of land described in a Warranty Deed to JY & KC, LLC, recorded in Instrument No. 20170608000746940, (O.P.R.C.C.T), from which a mag nail found at the northeast corner of said 95.468 acre tract of land bears South 89 degrees 16 minutes 24 seconds East, a distance of 1,497.23 feet and South 88 degrees 45 minutes 18 seconds East, a distance of 189.34 feet, said iron rod being in or near the centerline of County Road No. 371; THENCE along the east line of said 159.819 acre tract of land (20061003001424640) and along the west line of said 95.468 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.468 acre tract of land, THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 966.83 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the most westerly south line of said 95.468 acre tract of land to a one-half inch iron rod with yellow cap stamped "JBI" found at the most easterly northeast corner of said 159,819 acre tract of land (20061003001424640); THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 210.76 feet along the most southerly west line of said 95.468 acre tract of land to a one-half inch iron rod found at the southeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northeast corner of said 159.819 acre tract of land (20061003001424600), THENCE along the east line of said 159.$19 acre tract of land (20061003001424600) as follows: EXHIBIT 1 - page 3 of 3 South 00 degrees 31 minutes 53 seconds East, passing at a distance of 555.09 feet a one-half inch iron rod with cap stamped "3700" found at the most southerly southwest corner of said 95.468 acre tract of land, continuing in all a distance of 11241 A 0 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 72 degrees 46 minutes 12 seconds East, a distance of 140.70 feet to a one-half inch iron rod with yellow cap that is illegible found at the northwest corner of a called 59.534 acre tract of land described Warranty Deed to Jonic Investments, LLC, recorded in Instrument No. 20150605000666010, (O.P.R.C.C.T); South 01 degrees 14 minutes 22 seconds West, a distance of 1,112.98 feet to the POINT OF BEGINNING and containing 11,978,895 square feet or 275.00 acres. 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FI I !` \_� __3 1 II ,:I � 71 rf \, .r If .t If N.I N, Ilk '•�� Q ��ggg'i� I 1 \ 144 l 14 — If o If If __ _ -- \ fit mum C J t c \ a'/liK .. / \ 1 9 me" If liL I If } 1 1. n a $�o O ff�tld' p �b �� gguyus ii44�fA�� 1�lE643Gi. may: BOHLER/% cne cnc�wcanurwouYrn<wa wa vx�Ew+a vaocxwua �ccwn wasusruic�rran«a iVdf�M1HS IX�ia•1 xnv�mw xEs ........_.nxisxv.tIlelf Arav u:encir � ;) § , _ate " \" i s_Se � 9 ;aI ls Z"zz §\ \ `0 2| § § , |! ƒ)§�� ] _��� STATE OF TEXAS § CERTIFICATE TO COPY OF PUBLIC RECORD § and BUSINESS RECORD COUNTY OF COLLIN § BEFORE ME, the undersigned authority, personally appeared CABBIE L. LAND, who, being by me duly sworn, testified as follows: My name is CABBIE L. LAND. I am of sound mind, capable of making this Affidavit and personally acquauited with the facts herein stated. I hold the public office of City Secretary of the City of Anna, Texas and held said office at all times relevant to the facts stated herein. I am a custodian of the records of the City of Anna, Texas, ahome-rule municipality in Collin County, Texas. Attached hereto (as Exhibit 2) are nineteen (19) pages of records from the City of Anna, Texas constituting a Development Agreement adopted by the City Council of the City of Anna, Texas on Tuesday, November 10, 2020. These pages of records are kept by said organization in its regular course of business and it was in the regular course of business of said organization for one of its employees or representatives, with knowledge of the act, event, condition, or opinion recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the tone or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. I further certify, in the performance of the functions of my office, that said nineteen (19) pages of records are official records fiom the public office of the City Secretary of the City of Amia, Collin County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof, I have hereunto set my hand and affixed the official seal of said office this � day of 2021. LAURETTA KAY BLACKETER My Notary ID # 129369379 Expires April 1, 2021 9 CARRIE L. 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' w 3Z f / s i �� r \\ � � _— ICI i � I � I ��� 4 _ c a� a a� _ � =L —L Y �r— � f enm — J I. I i � x�8����71, � ��R v�- _ i c '.:���b i i'' � I r. I J",� f� � a ����I � r �� I sl � �F -- < �_ � r °' � � — °u Y "- - — -� .- � _ � �^ r _mot � � � �'' _ � /yYa qtl / r O / I � rl -� iu i �f ' � j `' �Sj � ' / ^ y S � ,� � jl i' � y �q e / f i i 1 I n `� Y I I i e � f 1 � _ t t /I � 1 A I 1 I_ / � _ r � � _ -9=�a� 1 1 1 ; 4 � I l c� ; _ ; e1 1 g f ` "3} ��� �� _ I �� I � `r ' \� �� ..,:' ��o / ;ems I � ��-� I _ I k i la =9� - � - i - - - w '� a a� _ " a�� . � _ _ _ _ _ � - _ -- -- I `-� __� I I _`� y y�r— � I i d n f u '> STATE OF TEXAS CERTIFICATE TO COPY OF PUBLIC RECORD § and BUSINESS RECORD COUNTY OF COLLIN § BEFORE ME, the undersigned authority, personally appeared CABBIE L. LAND, who, being by me duly sworn, testified as follows: My name is CABBIE L. LAND. I am of sound mind, capable of making this Affidavit and personally acquainted with the facts herein stated. I hold the public office of City Secretary of the City of Anna, Texas and held said office at all times relevant to the facts stated herein. I am a custodian of the records of the City of Anna, Texas, ahome-rule municipality in Collin County, Texas. Attached hereto (as Exhibit 3) are five (5) pages of records fiom the City of Anna, Texas constituting a Concept Plan adopted by the Ciry Council of the City of Anna, Texas on Tuesday, November 10, 2020. These pages of records are kept by said organization in its regular course of business and it was in the regular course of business of said organization for one of its employees or representatives, with knowledge of the act, event, condition, or opinion recorded to make the record or to hansmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. I further certify, in the performance PA, functions of my office, that said five (5) pages of records are official records fiom the public office of the City Secretary of the City of Anna, Collin County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof, I have hereunto set my hand and affixed the official seal of said office this �,x'• -day of 2021. LAURETTA KAY BIACKcTER My Notary ID # 129369379 Expires April 1, 2021 CABBIE L. LAND City Secretary City of Anna, Texas IN Notary Public -State Page 1 of 1 EXHIBIT 4 THE CITY OF Anna Regular City Council Meeting Meeting Minutes Tuesday, November 10, 2020 @ 6:30 PM Anna ISD, Board Room 201 E. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met at 6:30 PM, on November 10, 2020, at the Anna ISD Board Room, Located at 201 E. 7th Street, to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Pike called the meeting to order at 6:30 PM. All Council Members were present. Council Member Miller was present virtually. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Neighbor Comments. Stan Carver —Spoke about issues with another candidate in the runoff election. Randy Atchley- Spoke about issues with another candidate in the runoff election Gina Maria Ottavio — opposed the proposed DR Horton development at Rosamond Tom Plunkett — Thanked Public Works for making repairs in his neighborhood. 4. Reports. Fire Chief Isom reported the new fire engine has been received and was on display. Assistant Fire Chief Wood recognized Nelson, Eaton and Thomas for their service to the Anna Fire Department. Director of Development Services, Ross Altobelli introduced new Building Official, Nader Jeri. Director of Neighborhood Services, Marc Marchand introduced new Recreations Manager, Jeff Freeth. Assistant City Manager, Ryan Henderson recognized Director of Community Services, Ashley Strathous and wished her luck on her future endeavors. 5. Work Session. a. Review and Discuss Future Bond Program Development (Economic Development Manager Taylor Lough) 6. Consent Items. Items 6. h., i., n., o., and p. were removed from consent. MOTION: Council Member Beazley moved to approve Consent Items a. through g., J. through k. and q, through s. Council Member Vollmer seconded. Motion carried &0. a. Approve Council Meeting Minutes, October 27, 2020. (City Secretary Carrie Land) b. Review minutes of the October 5, 2020 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Approve a Resolution regarding the Jonic Addition, Block A, Lot 1, Minor Plat. (Director of Development Services Ross Altobelli) Vacant property on one lot on 3.6t acres located on the south side of White St (FM 455), 780±feet east of Powell Pkwy (TX HWY 5). Zoned Agriculture (AG). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE JONIC ADDITION, BLOCK A, LOT 1, MINOR PLAT d. Approve a Resolution regarding the Avery Pointe Commercial, Block A, Lot 1 R and 2, Replat. (Director of Development Services Ross Altobelli) Vacant property on 2 lots on 7.4± acres located at the northeast corner of White St (FM 455) and Ferguson Pkwy. Zoned Planned Development C-2 Genera( Commercial (PD-C-2). The purpose for this replat is to create 2 lots and to dedicate drainage and utility easements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE AVERY POINTE COMMERCIAL BLOCK A, LOTS 1 R and 2, REPEAT. e. Development Agreement -The Woods at Lindsey Place Approve a Resolution entering into a development agreement with LHJH Properties, LTD to establish development and design regulations for further development on 275 acres located at the northwest and southwest corners of 2 future Rosamond Parkway and Future Ferguson Parkway. (Director of Development Services Ross Altobelli) The intent of the development agreement is to ensure the use of high quality, durable materials for nonresidential and residential development within the city to create well designed and attractive architecture. Approving the development agreement in no way puts an obligation on the City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH LHJH PROPERTIES, LTD, A TEXAS LIMITED PARTNERSHIP, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI -USE DEVELOPMENT LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF FUTURE ROSAMOND PARKWAY AND FUTURE FERGUSON PARKWAY f. Approve a Resolution authorizing the City Manager to execute a Roadway Impact Fee Credit Agreement for the construction of Leonard Avenue by and between Gehan Homes, Limited and the City of Anna, Texas. (Director of Public Works Greg Peters, P.E.) This item is for a Roadway Impact Fee Credit Agreement for the construction of Leonard Avenue along Anna Ranch Phase 1. Leonard Avenue is included in the City of Anna Master Thoroughfare Plan and the City of Anna CIP as a major roadway project for the future. The developer agrees to construct their half of Leonard Avenue along their frontage as a part of developing Anna Ranch Phase 1. In accordance with State and Local policies, the developer is subject to receiving reimbursement of roadway impact fees paid for each home in the development, up to the total construction cost of the segment of Leonard Avenue they will construct. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA RANCH PHASE I BY AND BETWEEN THE CITY OF ANNA, TEXAS AND GEHAN HOMES I, LTD, FOR THE CONSTRUCTION OF LEONARD AVENUE AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. g. Approve a Resolution authorizing the City Manager to execute an amendment to the Task Order for the engineering design and land surveying of Hackberry Drive by and between the City of Anna, Texas and Birkhoff, Hendricks, and Carter LLP. (Director of Public Works Greg Peters, P.E.) 3 Hackberry Drive is identified in the City's Master Thoroughfare Plan as a future roadway improvement project. In addition, this segment of Hackberry Drive from Bamborough Drive to SH 5/Powell Parkway is included in the City Council's Strategic Plan for the City. The original plan was to construct half of a future 4-lane divided roadway. Upon further discussion with the adjacent property owners and a review of the project impacts, staff made the decision to develop a revised layout for the roadway improvements. This revised layout was discussed at a previous City Council meeting and it: 1. Reduces the amount of right -of --way needed from adjacent property owners. 2. Preserves access for existing driveways which would have been impacted by a median. 3. Preserves front driveway length as needed for neighbors along Hackberry to park in their existing driveways. 4. Preserves the project goals of improving the safety and quality of the roadway. The revised layout will include construction of a two lane, undivided road, with a safe transition to the existing 4-lane road to the West. In the future the roadway will be able to be expanded to a 44ane undivided section if the area is re -developed. A major component of the Task Order Amendment is for the inclusion of Right - of -Way Acquisition Services, which will be required for narrow slivers along the corridor. This makes up the bulk of the additional cost included in the amendment. The amount of right-of-way required for the new layout is significantly less than the original layout. Once approved, staff will work with the consultant and neighbors to finalize the plans and acquire the necessary right -of --way. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER AMENDMENT 2 BY AND BETWEEN THE CITY OF ANNA, TEXAS AND BIRKHOFF, HENDRICKS & CARTER, LLP, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED SIXTY DOLLARS AND ZERO CENTS ($114,960.00) AS SHOWN IN EXHIBIT "A' ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. h. Approve a Resolution authorizing the City Manager to execute payment to the North Collin Special Utility District for the relocation of an existing 2-inch water main in Foster Crossing Road as required for the widening of Foster Crossing Road. (Director of Public Works Greg Peters, P.E.) The City will be publicly bidding the project to widen Foster Crossing Road adjacent to Pecan Grove Phase 2-4 in the next 60 days. Construction will E� commence in early 2021. The North Collin SUD has an existing water main in an existing easement along the existing 2-lane asphalt road. This easement and main will both be encompassed by the proposed road widening project. In addition, due to the depth of the water main and the proposed grade of the road, the water main must be removed and relocated prior to construction of the road. Staff determined that the best approach to the relocation of this main was to allow North Collin SUD to hire their contractor of choice to perform the work, as the main is not owned and operated by the City of Anna and the SLID can complete the project at a more competitive price than if the City bid the work out as part of the road project. Staff has met with North Collin SUD and agreed upon a cost estimate for the relocation of the water main. The City `s obligation will not exceed the agreed upon amount of $57,960.00, as stated in the Resolution. If approved by the City Council, the North Collin SUD will commence construction in the next 60 days in order to ensure that the main is out of the way prior to road construction beginning in early 2021. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO REIMBURSE THE NORTH COLLIN SPECIAL UTILITY DISTRICT FOR THE RELOCATION OF AN EXISTING WATER MAIN IN CONFLICT WITH THE PROPOSED WIDENING OF FOSTER CROSSING ROAD, IN AN AMOUNT NOT TO EXCEED FIFTY SEVEN THOUSAND NINE HUNDRED AND SIXTY DOLLARS AND ZERO CENTS ($57,960.00) AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 6-0. Approve a Resolution authorizing the City Manager to condemn real property for the sanitary sewer easement required for the construction and maintenance of the Hurricane Creek Line B sanitary sewer main. (Director of Public Works Greg Peters, P.E.) The City of Anna Hurricane Creek Trunk Sewer project is an extremely important major CIP expansion project located west of US 75. The construction of this sewer main is required in order to facilitate high quality development on the west side of US 75, including both commercial and residential development. The project is included in the Sewer Master Plan for the City, and is identified in the City Council Strategic Plan as a Top Priority Action Item. The ongoing development on the west side of US 75 has reached a point where the project must move forward. 5 Thus far the City has been able to reach agreements for the purchase of easements on all impacted properties except one. The City and property Consultant has coordinated with the property owner and held an in -person meeting to discuss the project, the easement need, and a reasonable price for the easement. In addition, the City has provided copies of the appraisal, easement documents, and other related information to the property owner. However, to -date the City and the property owner have been unable to reach agreement on the value of the easement property. Staff will continue to seek a way to reach an agreement with the property owner, as condemnation should only be used as a last resort. However, staff is requesting the City Council to grant condemnation authority. The property owner is aware of this next step in the process. The City will be responsible for all required costs and fees associated with the acquisition of the easement, including paying a fair market value for the easement to the land owner. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 1.229 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 1.219 ACRES OF REAL PROPERTY, MORE OR LESS, AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, MOTION: Mayor Pike moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 1.229 acres of land, more or less, for a permanent sanitary sewer line easement, and 1.219 acres of land, more or less, for a temporary construction easement, said tracts located in the H.T. Chenoweth Survey, Abstract 158, Collin County, Texas, part of a called 101 acre tract conveyed to MJLA Adams, Ltd., by deed recorded in Instrument Number 20110505000462570 of the Deed Records of Collin County, Texas, said 1.229 acres and 1.219 acres being more particularly described by the metes and bounds description and depiction set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Bryan seconded. Motion carried 6-0. j. Approve a Resolution authorizing the City Manager to execute a Task Order with Biggs &Matthews, Inc. for the engineering analysis and design of the expansion of the Collin Water Pump Station to increase public water supply for the City of Anna, Texas. (Director of Public Works Greg Peters, P.E.) This item approves an engineering task order for the required engineering analysis and design services associated with the project. The expansion project wIll include expanding the existing pump station with new pumps and wells. The Station was constructed years ago, but was never fully utilized in the system, with the pump system and ground storage tanks being used infrequently. Over the past year staff as been conducting research and analysis, and has determined that there is a viable way to expand the pump station and make it 100% operational. The project will increase water supply for the City which is much needed with the current growth taking place. The project will also allow the City more time to work with CGMA/GTUA/NTMWD and other entities on the long-term plans to increase access to treated surface water. The project is included in the FY 2020-2021 CIP, and is to be funded through Water Impact Fees. The total cost of the task order is $205,000.00. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER BY AND BETWEEN THE CITY OF ANNA, TEXAS AND BIGGS & MATTHEWS, INCORPORATED, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIVE THOUSAND DOLLARS AND ZERO CENTS ($205,000.00) AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. k. Approve a Resolution authorizing the City of Anna, Texas to participate in the Collin County Purchasing Cooperative for the purchase of goods and services for the public and authorize the city manager to sign the agreement. (Finance Director Alan Guard) The City of Anna Has Participated in A Cooperative Purchasing Agreement with Collin County Since 2015. It Is Time to Renew the Agreement. The Cooperative Purchasing Agreement Allows the City To "Piggy -Back" On Contracts and Other Purchases That Collin County Has Previously Competitively Bid. This Allows the City to Take Advantage of Lower Bids for Services and Bulk Purchases That A Larger Entity Such As Collin County Has Already Put Through The Legal Bid Requirements. This Saves the City Time and Money. A RESOLUTION RENEWING THE COLLIN COUNTY COOPERATIVE PURCHASING AGREEMENT. Approve the Quarterly Investment Report for the Period Ending September 30, 2020. (Finance Director Alan Guard) 7 The City's portfolio as of the quarter ending September 30, 2020 earned an average yield of 0.54%. The total year-to-date interest earnings are $703,202, m. Approve Resolution approving a policy Cl"d procedure for naming City parks, trails, recreational areas and other recreational facilities. (Neighborhood Services Director Marc Marchand) Over the past years, several parks have come online in the City of Anna. As the City continues to grow, more parks are planned. A naming policy is needed to establish a systematic approach for the naming of parks, trails and recreational facilities. In the policy, parks, trails and recreational facilities may be named based on the following criteria: location, physical characteristics of the land, historical or cultural significance, persons of outstanding civic service to the City, documented community support, events hosted in the area, relevant concepts or ideas, organizations providing community service in the area, and significant material or financial contributions. The renaming of parks is discouraged though it may be necessary in special circumstances. The City Council has final approval of all names. The Neighborhood Services Department oversees the naming process. Proposed names shall be submitted to the Neighborhood Services Director. Upon researching the proposed names and verifying information on names, recommendations will be made to the Parks Advisory Board. The Parks Advisory Board will forward their recommendations to the City Council for final approval by Resolution. Public participation is strongly encouraged as well as naming parks, trails and recreational facilities prior to construction. This policy is not intended to provide guidance or direction for the naming and dedication of other public infrastructure, like thoroughfares, streets, public buildings and facilities, neighborhoods, and other ceremonial naming, renaming, or addressing, that will all be addressed under a separate heading at a future date, due to the additional dynamics of addressing, 911 referencing, platting requirements, GIS mapping and coordination, postal requirements, creation of political subdivisions, or any errors or omissions, which can be much more involved due to the herein stated reasons. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A POLICY AND PROCEDURE FOR NAMING CITY PARKS, TRAILS, RECREATIONAL AREAS, AND OTHER RECREATIONAL FACILITIES n. Approve Resolution approving and authorizing the City Manager to purchase playground equipment for Johnson Park from GameTime c/o Total Recreation Products, Inc. through Buy Board Texas Cooperative. (Neighborhood Services Director Marc Marchand) The playground facilities at Johnson Park are out-of-date and need to be replaced. Staff is proposing inclusive playground facilities ffrom GameTime c/o Total Recreation Products, Inc. with the following features. -Playground with three slides, tubes to climb through and monkey bars -Shadow play tri runner -Inclusive Whirl -Sensory Wave Arch System -Rubber Surfacing The City has been awarded a GameTime Grant for the project in the amount of $21,128.49. The total project cost after the grant is $151,787,24, Funds have been allocated in the Parks Development Fund. This would be a Buy Board purchase. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE PLAYGROUND EQUIPMENT FOR JOHNSON PARK FROM GAMETIME THROUGH BUY BOARD TEXAS COOPERATIVE. MOTION: Council Member Toten moved to approve. Council Member Vollmer seconded. Motion carried &0. o. Approve Ordinance amending Chapter 7, Health and Sanitation, Article 7.03, Food Establishments, to provide regulations relating to food establishments, food trucks and mobile vendors. (Neighborhood Services Director Marc Marchand) This Ordinance provides regulations of all food establishments, food trucks, and mobile vending within the City limits. Provisions within the Ordinance include: ❑ The Code Compliance Manager or persons designated by him regulate the Ordinance. ❑ A valid health permit is required and shall be issued, annually. ❑ Mobile food units and hot trucks shall be considered a food establishment and comply with all pertinent regulations in the Ordinance. ❑ Temporary food establishment permits shall not exceed 7 days without approval. ❑ Requirements have been clarified for the following: inspections, posting of food handler and food establishment permits, suspension of food establishment permits, revocation of food permits, examination and condemnation of food, and grease traps and grease interceptors AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 7, HEALTH AND SANITATION, ARTICLE 7.03, FOOD ESTABLISHMENTS, TO PROVIDE ADDITIONAL REGULATIONS RELATED TO FOOD ESTABLISHMENTS, FOOD TRUCKS, AND MOBILE VENDORS, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF, See Item p for action. p. Approve Ordinance amending Appendix A (Fee Schedule) adding a new article for Health Permit Fees. (Neighborhood Services Director Marc Marchand) This Ordinance amends Appendix A (Fee Schedule) and adds a new Article A8.00 (Health Fees). The fees that have been added include the following: Food Establishment Food Establishment $350 Food Service, Public School Cafeteria $0 Food Service, Private School Cafeteria $100 Daycare $250 Foster/Nursing Homes $250 Grocery Stores $500 Late Fee on Renewals $100 Reinspection Fee $100 Mobile Food Unit and Food Trucks $250 Push Carts and Stationary Stands/Booths $150 Temporary Food Establishments $150 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING APPENDIX A (FEE SCHEDULE) ADDING A NEW ARTICLE A8.000 (HEALTH PERMIT FEES); PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS, AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Toten moved to approve Items o. and p. Council Member Bryan seconded. Motion carried 6-0. q. Approve Resolution approving extension of Agreements with Collin County for Animal Control Services. (Neighborhood Services Director Marc Marchand) Extension of the Animal Control interlocal agreement with Collin County Animal Control Services. The Extension of agreement for a one (1) year period which shall be in effect from October 1, 2020 continuing through and including September 30, 2021. Cost $52,083, A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL CONTROL SERVICES. r. Approve Resolution approving and authorizing the City Manager to purchase a John Deere 5100E Utility Tractor from United Ag & Turf through Buy Board Texas Cooperative. (Neighborhood Services Director Marc Marchand) This year the city took on additional right-of-way to mow. A tractor is needed to assist with the mowing of the right-of-way. Staff is wanting to purchase a John Deere 5100E Utility Tractor from United Ag & Turf for this purpose. The tractor costs $54,220.24 from Buy Board Texas Cooperative. Funds are allocated for equipment in the Parks Development Fund. The tractor costs $54,220.24 from Buy Board Texas Cooperative, A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO PURCHASE A JOHN DEERE 5100E UTILITY TRACTOR FROM UNITED AG & TURF THROUGH BUY BOARD TEXAS COOPERATIVE. s. Approve a government document for participation in the Federal Equitable Sharing Agreement regarding the Anna POlice Department's Asset Forfeiture Report. (Chief Isom) 7. Items For Individual Consideration. a. 1) Conduct a public hearing to consider public comments regarding the West Crossing Phase 11, Block KK, Lots 23R and 25R, and Block MM, Lot 28R, Replat. Single Family Dwelling, Detached on 3 lots on 0.5t acres located generally on the north side of Holcombe Drive and the west side of Greywood Drive. Zoned Planned Development SF-60 Single Family Residential (PD-SF-60). The purpose of this replat is to combine Lots 28 and 29X in Block MM into one lot creating Lot 28R, add a 10' utility easement along a portion of the rear of lot 28R, and add a 5' drainage easement along a portion of the rear and side of lots 23R and 25R in Block KK. Mayor Pike opened the public hearing at 8:17 PM. No comments. Mayor Pike closed the public hearing at 8:17 PM. Approval of Ordinance regarding the request to rezone 275± acres from AG 11 Agricultural District to Planned Development -Multi -Use. The applicant has provided for all comments as requested by the P&Z to provide for a financially sustainable development that will provide diverse housing options within the City of Anna. The proposal includes, amenities which include, trails, parkland dedication, playgrounds, open space, and an amenities center. (Property rezoned under this ordinance is generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF, MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WEST CROSSING PHASE I I LOTS 23R and 25R, BLOCK I<K, LOT 28R, BLOCK MM, REPLAT. MOTION: Council Member Toten moved to approve. Mayor Pike seconded. Motion carried 6-0. b. 1) Conduct a public hearing to consider public comments to rezone 275± acres located at the northwest corner and southwest corner of future Rosamond Parkway and future Ferguson Parkway from AG Agricultural District to Planned Development -Multi -Use (PD-MU). The planned development district will include Restricted Commercial (C-1), General Commercial (C-2), Multiple - Family Residential - High Density (MF-2), Single Family Residence-72 (SF-72), Single Family Residence-60 (SF-60), Single -Family Residence - Zero lot line homes (SF-Z), and Single -Family Townhome District (SF-TH). Applicant: David Booth, DR Horton Mayor Pike opened the public hearing at 8:17 PM. No comments. Mayor Pike closed the public hearing at 8:17 PM. 2) Consider/Discuss/Action on an Ordinance regarding the request to rezone 12 275+ acres from AG Agricultural District to Planned Development -Multi -Use (PD-MU). Approval of Ordinance regarding the request to rezone 275± acres from AG Agricultural District to Planned Development -Multi -Use. The applicant has provided for all comments as requested by the P&Z to provide for a financially sustainable development that will provide diverse housing options within the City of Anna. The proposal includes, amenities which include, trails, parkland dedication, playgrounds, open space, and an amenities center. (Property rezoned under this ordinance is generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried &0. 3) Consider/Discuss/Action on a Resolution regarding the Concept Plan, The Woods at Lindsey Place, associated with the rezoning request. (Director of Development Services Ross Altobelli) MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 6-0. c. Consider/Discuss/Action on A Resolution Setting A Public Hearing Under Sec. 372.009 Of The Texas Local Government Code On The Advisability Of The Dissolution Of A Public Improvement District And Improvements Within The Extraterritorial Jurisdiction Of The City. A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE DISSOLUTION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. See item 7d, for action. 13 d. Consider/Discuss/Action On A Resolut(on Setting A Public Hearing Under Sec. 372.009 Of The Texas Local Government Code On The Advisability Of The Creation Of A Public Improvement District And Improvements Within The Extraterritorial Jurisdiction Of The City. A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING, MOTION: Council Member Beazley moved to approve items 7c and 7d. Mayor Pike seconded. Motion carried &0. e. Consider/Discuss/Action on an Ordinance Ordering aRun-Off Election to be held December 8, 2020. (City Secretary Carrie Land) Results of November 3 voting for seats on the Anna City Council include two runoffs. Candidates are required to win at least 50% of the vote to avoid a runoff. In Place 3, a runoff between Hugh Heath (40.29%) and Stan Carver (37.33%) will be held. in Place 4, a runoff will be held between Bryan Heath (36.16%) and Randy Atchley (32.12%). Early Voting for the runoff elections will be held on Nov. 23, 24, and 25 from 8 a.I . to 5 p.m.; Nov. 28 from 8 a.m. to 5 p.m.; Nov. 30, Dec. 1 and 2 from 8 a.m. to 5 p.m.; and Dec. 3 and 4 from 7 a.m. to 7 p.m. Election Day is Dec. 8. Polls will be open from 7 a.m. to 7 p.m. Polling location for Anna is the Anna ISD Board Room, 201 E. 7th Street. The runoff date for the November 3, 2020 General and Special Election was decided on by surrounding counties prior to the Special Election being called. It's common practice for the county to schedule runoffs on the same date because they have overlapping city districts that could potentially have runoffs. For instance, the City of Celina and the City of Frisco fall in both Collin and Denton County and both have a runoff election. It would be very confusing for voters if each county held their elections on different dates. The Governor ordered the Special Senate District Runoff election to be held on December 19, well after the December 8 Runoff was decided. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A RUNOFF ELECTION TO BE HELD ON DECEMBER 8, 2020, 14 FOR THE PURPOSE OF ELECTING TWO CITY COUNCIL MEMBERS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 4-2. Pike and Miller opposed. f. Consider/Discuss/Action on filling a vacancy on the Planning and Zoning Commission. (City Secretary Carrie Land) MOTION: Mayor Pike moved to table to the December 8, 2020 meeting and appoint an Interview Committee of Lee Miller, John Beazley, and Kevin Toten to interview applicants. Council Member Vollmer seconded. Motion carried 6-0. 8. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551,072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). MOTION: Council Member Bryan moved to enter closed session. Council Member Vollmer seconded. Motion carried 6-0 Mayor Pike recessed the meeting at 9:30 PM. Mayor Pike reconvened the meeting at 9:35 PM. 9. Consider/Discuss/Action on any items listed on any agenda -work session, regular meeting, or closed session -that is duly posted by the City of Anna for any City Council 15 10 meeting occurring on the same date as the meeting noticed in this agenda. No action. Adjourn. Mayor Pilce adjourned the meeting at 9:36 PM. OF A ATTEST: City Secretary Carrie L. Land Approved o Mayor Nate Pike 16 STATE OF TEXAS CERTIFICATE TO COPY OF PUBLIC RECORD and BUSINESS RECORD COUNTY OF COLLIN § BEFORE ME, the undersigned authority, personally appeared CABBIE L. LAND, who, being by me duly sworn, testified as follows: My name is CABBIE L. LAND. I am of sound mind, capable of making this Affidavit and personally acquainted with the facts herein stated. I hold the public office of City Secretary of the City of Anna, Texas and held said office at all times relevant to the facts stated herein. I am a custodian of the records of the City of Anna, Texas, ahome-rule municipality in Collin County, Texas. Attached hereto (as Exhibit 4) are sixteen (16) pages of records fiom the City of Anna, Texas constituting the Regular City Council Meeting Minutes of a meeting of the City of Anna City Council held on Tuesday, November 10, 2020. These pages of records are kept by said organization in its regular course of business and it was in the regular course of business of said organization for one of its employees or representatives, with knowledge of the act, event, condition, or opinion recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. I further certify, in the performance of the functions of my office, that said sixteen (16) pages of records are official records fiom the public office of the City Secretary of the City of Anna, Collin County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof, I have hereunto set my hand and affixed the official seal of said office this ��day of a 2021. LAURETiA KAY BLACKETER My Notary ID # 129369379 Expires April 1, 2021 E CABBIE L. LAND City Secretary City of Anna, Texas Notary Public -State Page 1 of 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway) ORDINANCE NO. _ Z A t ^ (AUc�l O AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested rezoning on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway is being rezoned from Agricultural District (AG) to Planned Development-C-1 Restricted Commercial/C-2 General Commercial District/MF-2 Multiple -Family Residential - High Density/SF-60 Single -Family Residence District/SF-Z Single -Family Residence District - Zero lot line homes/TF Two -Family Residential District (PD-C-1/C-2/MF-2/SF-60/SF-Z/TF) on 275.0± acres; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances (the "Anna Code") are hereby amended by changing the zoning to create a new zoning, as depicted in the Concept Plan on the attached Exhibit 2. 1 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality development along future Rosamond Parkway & future Ferguson Parkway. Within this District are permitted certain retail, service, office, and residential uses. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. 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 the C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-60 Single -Family Residence District (SF-60), SF-Z Single -Family Residence District - Zero lot line homes (SF-Z), TF Two -Family Residential District (TF), and the Planning and Development Regulations except as otherwise specified herein. a. C-1 Restricted Commercial; 1. Additional Permitted Uses by -right: A. Child-care center B. Nursery school, kindergarten 2. Additional Prohibited Uses: A. Auto repair, minor B. Automobile service station C. Car wash D. Construction yard E. Electrical substation F. Gas Metering station G. Motorcylcle sales and service H. Quick oil change facility 2 I. Quick tune-up facility J. Tire Dealer b. MF-2 Multiple -Family Residential -High Density 1. Maximum Height: 3 story J 50 feet 2. Maximum Number of Units: 600 3. Buffer: A 60-foot wide vegetative buffer shall be provided on the east and north sides of the district where adjacent to a single-family residential district. The natural tree line shall be preserved as a buffer and in areas where no trees exist, trees with a 3" minimum caliber shall be planted staggered at 25400t centers with an undulating berm a minimum of three (3) feet in height up to six (6) feet in height. The 60400t vegetative buffer shall count as the required "60400t setback from the adjacent property line for buildings in excess of one story in height". 4. Screening Fence: A. Fencing between single family lots and multi -family development shall consist of a 6' cedar fence with masonry columns at no less than 100-foot intervals. The fence shall be owned and maintained by the single-family development HOA. B. Border screening on any perimeter not abutting asingle-family lot shall be owned and maintained by the multi -family development and shall consist of either of the following: Masonry border fence of not less than six feet in height; Al An ornamental metal fence, such as wrought iron or tubular steel, with stone columns at 50-foot intervals along with a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25400t centers. The vegetative screen may be planted within any required landscape buffer. 5. Refuse facilities: Two (2) 30 cubic yard compactors will be provided for the development, one each for trash and recycle. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Solid metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. Refuse containers shall be provided and maintained in a manner to satisfy public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection guidelines. 3 6. A minimum 8' hike & bike trail shall be provided around the perimeter of the multi- family development in general conformance and as shown on Exhibit 2 (Concept Plan). 7. Parking: 1.5 off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking space regulations are set forth in section 9,04,037. c. SF-60 Single -Family Residence: 1. Minimum side yard, corner lot, setback: 10 feet 2. Minimum rear yard setback: 20 feet 3. Maximum lot coverage: 50% 4. Fences: A. The rear yard fencing of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Said fencing is to be owned and maintained by the individual lot owners. single-family development H.O.A. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section c.4.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. d. SF-ZSingle-Family Residence: 1. Minimum side yard, corner lot, setback: 10 feet 2. Minimum rear yard setback: 20 feet 3. Fences: A. The rear yard fences of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Said fencing to be owned and maintained by the individual lot owners. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section d.3.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. Gf e. TF Two -Family Residence: Residences will be constructed such that two units will be sited on one duplex lot. As an example, a duplex lot being 60 feet in width, would have an A side and B side (e.g. Lot 1A and Lot I respectively) the center being the party wall between two residences (25400t wide product on each side of the party wall). 1. Minimum Side yard setback: 5 feet 2. Minimum side yard, corner lot, setback: 10 feet 3. Minimum rear yard setback: 20 feet 4. Maximum lot coverage: 55% 5. Fences: A. The rear yard fences of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Said fencing to be owned and maintained by the individual lot owners. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section e.5.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. C. Fencing between single family lots and multi -family development shall consist of a 6' cedar fence with masonry columns at 100400t intervals. The fence shall be owned and maintained by the single-family development HOA. prohibit indiscriminate clear cutting the applicant has agreed to preserve the existing tree line located on portions of the eastern and northern property boundaries of the zoning requires. The existing tree line shall be located within a 10' tree preservation easement as identified on the Concept Plan (Exhibit 2) and designated as a non - disturbance area in which no construction or tree removal will occur. Removal of any trees in these areas are subject to restriction under Sec.9.07.003 (Permit required; exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of Ordinances. 4. Park Land and Public/Private Facility Dedication/Construction a. As part of the zoning request the applicant has agreed to the following as shown on the Concept Plan (Exhibit 2): 5 1. Dedication of two tracts of land for the purpose of Neighborhood Parks subject to review by the city's parks advisory board and approval by the City Council prior to Preliminary Plat approval. 2. The construction of an 8' hike and bike trail. a. The City of Anna will be responsible for maintain only those portions of the 8' hike and bike trail that are located within or within proximity to the R.O.W. of both Ferguson Parkway and Rosemond Parkway. 3. The construction of a 6' sidewalk connecting the SF-Z district to the Neighborhood Park to be constructed within the R.O.W. 4. Private amenity center to include a pool with splash pad in general conformance with the conceptual rendering shown on Exhibit 3. 5. Prior to final plat approval the applicant may enter into a Roadway, Water and Sewer Impact Fee Credit Agreement with the City of Anna. The impact fees from the development shall be used to fund capital improvements shown on the city's capital improvement plan needed to serve the development and surrounding areas. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of fihe Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 27th day of October 2020. ATTESTED: UIV. PROVED: Carrie L. Land, City S x ' ,,,,1nrEtX,P\````\��. ike, Mayor EXHIBIT 1 - page 1 of 3 FIELD DESCRIPTIUN: BEING a tract of land situated in the Town of ""Cl,ACollin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being all of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T), being part of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424640, (O.P.R.C.C.T) and being more particularly described as follows: BEGINNING at afive-eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 159,819 acre tract of land (20061003001424600), said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in Instrument No. 201908007000946750, (O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,984.87 feet along the south line of said 159.819 acre tract of land (20061003001424600) and along the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" (hereinafter called "iron rod set") at the southwest corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northwest corner of said 226.62 acre tract of land and said iron rod being in the east line of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 181 LLC, recorded in Instrument No. 20161020001423440, (O.P.R.C.C.T), THENCE North 01 degrees 07 minutes 28 seconds West, a distance of 272.50 feet along the west line of said 159.819 acre tract %J land (20061003001424600) avd along the east line of said 17.863 acre tract of land to a one-half inch iron rod found at the northeast corner of said 17.863 acre tract of land and said iron rod being at the most southerly southeast corner of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630,(O.P.R.C.C.T); THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 4,656.06 feet along the most southerly east line of said 555.801 acre tract of land to a one-half inch iron rod found at the most westerly northwest corner of said 159.819 acre tract of land (20061003001424640); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 774.75 feet along the most westerly north line of said 159.819 acre tract of land (20061003001424640) and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; EXHIBIT 1 page 2 of 3 THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet over and across said 159.819 acre tract of land (20061003001424640) to a one-half inch iron rod set in the east line of said 159.819 acre tract of land (20061003001424640), said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the most easterly northeast corner of said 159,819 acre tract of land (20061003001424640), said iron rod being at the northwest corner of a called 95.468 acre tract of land described in a Warranty Deed to JY & KC, LLC, recorded in Instrument No. 20170608000746940, (O.P.R.C.C.T), from which a mag nail found at the northeast corner of said 95.468 acre tract of land bears South 89 degrees 16 minutes 24 seconds East, a distance of 1,497.23 feet and South 88 degrees 45 minutes 18 seconds East, a distance of 189.34 feet, said iron rod being in or near the centerline of County Road No. 371; THENCE along the east line of said 159.819 acre tract of land (20061003001424640) and along the west line of said 95.468 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.468 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 966.83 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the most westerly south line of said 95.468 acre tract of land to a one-half inch iron rod with yellow cap stamped "JBI" found at the most easterly northeast corner of said 159,819 acre tract of land (20061003001424640); THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 210.76 feet along the most southerly west line of said 95.468 acre tract of land to a one-half inch iron rod found at the southeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northeast corner of said 159.819 acre tract of land (20061003001424600); THENCE along the east line of said 159.819 acre tract of land (20061003001424600) as follows: EXHIBIT 1 - page 3 of 3 South 00 degrees 31 minutes 53 seconds East, passing at a distance of 555.09 feet a one-half inch iron rod with cap stamped "3700" found at the most southerly southwest corner of said 95.468 acre tract of land, continuing in all a distance of 1,241.10 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; 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I ., AM REAL r n II i; ! - 89Eatl0211A11Nf10� CITY OF ANNA PLANNING & ZONING COMMISSION November 2, 2020 Public Hearing: Zoning &Concept Plan -The Woods at Lindsey Place Applicant: David Booth, DR Horton DESCRIPTION: Request to rezone 275± acres located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway from AG Agricultural District to Planned Development -Multi -Use (PD-MU). The planned development district will include the following zoning districts with modified development standards Restricted Commercial (CA), General Commercial (C-2), Multiple -Family Residential - High Density (MF-2), Single Family Residence-72 (SF-72), Single Family Residence-60 (SF-60), Single -Family Residence - Zero lot line homes (SF-Z), and Single -Family Townhome District (SF-TH). This item was tabled at the October 5, 2020 Planning & Zoning Commission meeting. At the October 5, 2020 Planning &Zoning Commission meeting the commission tabled the public hearing to allow the applicant to address concerns expressed by the Commission. The applicant has updated the requested zoning by including the following: • Include a larger residential zoning district (SF-72 Single -Family Residence District) with the zoning request. • Remove and replace the two-family housing zoning with a 3-story single-family townhome product (SF-TH Townhome District). The townhome product will be located along the frontage of Throckmorton Boulevard adjacent to the multifamily. • Reduced the CA Restricted Commercial District area so that it is not adjacent to any land proposed for a single-family lot. • Included a planned development stipulation requiring the zero lot line homes to be a center load product requiring 5' side yard setbacks. • Include a stipulation requiring vegetation/underlying brush, not subject to preservation, to be removed prior to recordation of the final plat for areas containing a tree preservation easement. A Planned Development (PD) is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly 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. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The subject property is currently undeveloped. A concept plan (Exhibit A) accompanies this request. Surrounding Land Uses and Zoning North Undeveloped land zoned Agricultural District, and Planned Development-537- 2011 (Mantua), and partially located in the Extraterritorial Jurisdiction ETJ East Undeveloped land zoned Planned Development-285-2006 (SF-60) and Agricultural District South Undeveloped land zoned Planned Development-839-2019 (Meadow Vista/ SF-60) and partially located in the ETJ West Undeveloped land zoned Planned Development-537-2011 and Single -Family Residence — Large Lot Proposed Planned Development Stipulations The requested zoning is PD-MU. This PD is proposed as a multi -use development. There are two primary parts to this request: land use and design standards. Land Use -The applicant is proposing to rezone the subject property to allow for single- family, multiple -family, and nonresidential uses. Design Standards -The language in the proposed PD district would allow this site to be developed with a mix %a residential and nonresidential land uses with moed development standards, neighborhood parks, hike and bike trails, and preservation of existing trees along the zoning district boundaries and interior to the proposed multifamily development. Conformance with the City of Anna Strategic Plan and Comprehensive Plan Anna Vision 2034 a. Principle 3: Beautiful Community Preserve natural areas/open space. b. Principle 5: Great Housing Opportunities Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. Safe, well -design, well -maintained multi -family rental housing. ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 2 OF 11 City of Anna Goals for 2024 a. Growing Anna Economy Expand the commercial tax base. ii. More jobs for neighbors. iii. Expand retail businesses. b. Sustainable Anna Community Through Planned, Managed Growth i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. c. Anna — A Great Place to Live i. Increase the number of retail businesses. Future Land Use Plan —The Future Land Use Plan designates this property as Commercial (red), Employment Center District (purple), Flood Hazard (white), and medium density residential (orange). Each of these categories are only generally defined within the current Comprehensive Plan. Commercial is land or buildings where merchandise or services are offered for sale. The primary purpose of the land is to provide a location for displaying merchandise or communicating services in a manner that enhances the convenient retail sale of goods and services. The role of commercial activity in the city is to provide convenient and available retail, service, and office opportunities to residents of the Anna market area. Commercial activity provides return on investment for business and property owners, employment opportunities for local residents (neighbors), and an economic base for local taxing entities. Commercial activity generally supports community residential activity, but certain aspects of the retail, service, and office uses such as big -box retail, and service and office headquarters may be more regionally oriented and act as basic elements of the economy. ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 3 OF 11 Residential: Land on which there exists one or more dwelling units, including accessory buildings; the primary use being for sheltering individuals, families, or groups of persons. Single-family includes those permanent structures, which were originally designed to provide housing for one family unit. ISSUES: 2010 Future Land Use Plan: Commercial &Employment Center District The proposed residential uses on the north side of future Rosamond Parkway are not in conformance with the 2010 Future Land Use Plan. The land area located on the north side of future Rosemond Parkway, east side of future Throckmorton Parkway, and west side of future Ferguson Parkway is designated as Commercial and Employment Center District. The applicant is proposing to rezone this area to allow for multifamily, single- family, and two -family -family land uses. Since the adoption of the 2010 Future Land Use Plan, the city has adopted zoning associated with the Mantua development. The Mantua zoning allows for a significant amount of retail, office, and mixed -use development along the west side of future Throckmorton Parkway opposite of the proposed zoning request. G aL: T7FVVV 1 - owin 9 housin g on east side of Throck morton wouId allow neighb ors to be directly adjace nt to future retail, restaur ant, and office uses. Additio Wally, the ZONING &CONCEPT PLAN —THE WOODS AT LINDSEY PLACE PAGE 4 OF 11 proposed zoning will provide a variety of housing opportunities for the future commercial development. Planned Development Stipulations In order to allow for an increase building pad site, the applicant is requesting the following modifications to the residential base zoning district area regulations. • Reduce year yard setback to 20' (base zoning districts require 25'). • Increase the maximum lot coverage: o By 15% for SF-72 (55%); and 0 5% for both the SF-60 (50%) and SF-TH (65%). To increase the quality of development, the applicant has agreed to the following improvements as part of the zoning request: a. Construct an 8' hike and bike trail along the north side of future Rosemond Parkway, west side of future Ferguson Parkway, and around the perimeter of the proposed Neighborhood Parks with connections to the residential subdivision roadways. b. Protect and preserve the mature tree line along the existing tract boundaries and dedicate a 10 tree preservation easement during the platting process. c. Install a 6' sidewalk connecting the SF-Z neighborhood to the Neighborhood Parks. d. Construction of a private amenity center with pool and splash pad (Exhibit B) e. As part of the multifamily development, construct an undulating berm with staggered tree plantings between the multifamily development and single-family developments in areas where no existing trees exist. f. Prohibit, within the C-1 zoning district, Automobile and Related Services Uses and majority of Transportation, Utility and Communications Uses SUMMARY: Request to rezone 275t acres located at the northwest corner and southwest corner of future Rosamond Parkway &future Ferguson Parkway to allow nonresidential, multi- family, and single-family. The applicant has included stipulations to create a walkable multi -use development that will include hike and bike trails, dedication of Neighborhood Parks, preservation of existing mature vegetation, and appropriate screening between the multi -family development and the single-family. The proposed single-family townhomes standards will allow for a 3-story urban product that will complement the 3-story multifamily development and serve as a buffer between the Mantua Zoning and the ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 5 OF 11 single-family detached products. Additionally, the proposed SF-72, SF460, and SF-Z residential lots meet minimum lot width, depth, and sizes requirements. Although much of the zoning request area is not in conformance with the 2010 Future Land Use Plan, as mentioned previously, the Mantua zoning had yet to be adopted. The proposed zoning will help support the Mantua nonresidential zoning and create quality housing opportunities for this area's future employees. For these reasons, staff is in support of the rezoning request. RECOMMENDATION: Recommended for approval as follows: Restrictions: 1. The locations of the planned development zoning districts shall be in substantial conformance with the Concept Plan (Exhibit A). 2. 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 the C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-72 Single -Family Residence District (SF-72), SF- 60 Single -Family Residence District (SF-60), SF-Z Single -Family Residence District - Zero lot line homes (SF-Z), SF-TH Townhome District (SF-TH), and the Planning and Development Regulations except as otherwise specified herein. a. C-1 Restricted Commercial: 1. Additional Permitted Uses by -right: A. Child-care center B. Nursery school, kindergarten 2. Additional Prohibited Uses: A. Auto repair, minor B. Automobile service station C. Car wash D. Construction yard E. Electrical substation F. Gas Metering station ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 6 OF 11 G. Motorcycle sales and service H. Quick oil change facility I. Quick tune-up facy J. Tire Dealer b. MF-2 Multiple -Family Residential -High Density 1. Maximum height: 50 feet (3-story) 2. Maximum number of units: 600 3. Buffer: A 60-foot wide vegetative buffer shall be provided on the east and north sides of the district where adjacent to a single-family residential district. The natural tree line shall be preserved as a buffer and in areas where no trees exist, trees with a 3" minimum caliber shall be planted staggered at 25400t centers with an undulating berm a minimum of three (3) feet in height up to six (6) feet in height. The 60-foot vegetative buffer shall count as the required "60400t setback from the adjacent property line for buildings in excess of one story in height". 4. Height: The height of any multifamily building sited on a lot adjacent to an area zoned for single-family shall be limited 2-story (35 feet) with[n 100 feet of the zoning district boundary or the lot on which the single-family dwelling is located. 5. Screening Fence: A. Fencing between single family lots and multi -family development sha[I consist of a 6' cedar fence with masonry columns at no less than 100400t intervals. The fence shall be owned and maintained by the single-family development HOA. B. Border screening on any perimeter not abutting asingle-family lot shall be owned and maintained by the multi -family development and shall consist of either of the following: Masonry border fence of not less than six feet in height; and/or An ornamental meta fence, such as wrought iron or tubular steel, with stone columns at 50-foot intervals along with a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25400t centers. The vegetative screen may be planted within any required landscape buffer. 6. Refuse facilities: Two (2) 30 cubic yard compactors will be provided for the development, one each for trash and recycle. Each refuse facility shall be ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 7 OF 11 screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Solid metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. Refuse containers shall be provided and maintained in a manner to satisfy public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection guidelines. 7. A minimum 8' hike &bike trail shall be provided around the perimeter of the multi -family development in general conformance and as shown on Exhibit A (Concept Plan). 8. Parking: 1.5 off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking space regulations are set forth in section 9.04,037, c. SF-72 Single -Family Residence: 1. Minimum side yard, interior: 5 feet 2. Minimum rear yard setback: 20 feet 3. Maximum lot coverage: 55% 4. Minimum number of lots: 105 5. Fences: A. The rear yard fencing of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel with the exception of areas identified on the approved Concept Plan (Exhibit A) as "6' Masonry Wall Adjacent to Single Family". Fencing is to be owned and maintained by the individual lot owners whereas masonry walls are to be owned and maintained by the single-family development H.O.A. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section c.5.B below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. b. SF-60 Single -Family Residence: 1. Minimum rear yard setback: 20 feet 2. Maximum lot coverage: 509/o ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 8 OF 11 3. Fences: A. The rear yard fencing of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel with the exception of areas identified on the approved Concept Plan (Exhibit A) as "6' Masonry Wall Adjacent to Single Family". Fencing is to be owned and maintained by the individual lot owners whereas masonry walls are to be owned and maintained by the single-family development H.O.A. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section b.3.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. b. SF-Z Single -Family Residence: 1. Minimum side yard, interior: 5 feet 2. Minimum rear yard setback: 20 feet 3. Maximum number of lots: 375 4. Fences: A. The rear yard fences of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Said fencing to be owned and maintained by the individual lot owners. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section d.3.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. e. SF-TH Townhome District 1. Maximum height: 45 feet (3-story) 2. Front yard: 20 feet / 10 feet if alley served 3. Minimum rear yard setback: 20 feet 4. Lot area: 1,760 per unit ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 9 OF 11 5. Min. lot width: 22 feet 6. Min. lot depth: 80 feet 7. Maximum lot coverage: 65% 8. Maximum number of lots: 95 lots 9. Fences: Prohibited g. Park land and public/private facility dedication/construction: As part of the zoning request the applicant has agreed to the following as shown/identified on the Concept Plan (Exhibit A). 1. Dedication of two tracts of land for the purpose of Neighborhood Parks subject to review by the city's parks advisory board and approval by the City Council prior to Preliminary Plat approval. 2. The construction of an 8' hike and bike trail. a. The City of Anna will be responsible for maintain only those portions of the 8' hike and bike trail that are located within or within close proximity to the R.O.W. of Ferguson Parkway, Rosemond Parkway, and Throckmorton Boulevard. 3. The construction of a 6' sidewalk connecting the SF-Z district to the Neighborhood Park to be constructed within the R.O.W as shown on the approved Concept Plan, 4. Private amenity center to include a pool with splash pad in general conformance with the conceptual rendering shown on Exhibit B. 5. Prior to final plat approval the applicant may enter into a Roadway, Water and Sewer Impact Fee Credit Agreement with the City of Anna. The impact fees from the development shall be used to fund capital improvements shown on the city's capital improvement plan needed to serve the development and surrounding areas. prohibit indiscriminate clear cutting the applicant has agreed to preserve the existing tree line located on portions of the eastern and southern Planned Development boundaries. The existing tree lines shall be located within a 10' Tree Preservation Easement as identified on the Concept Plan (Exhibit A) and designated as a non -disturbance area in which no construction or tree removal will occur. Removal of any trees in these areas are subject to restriction under Sec.9.07.003 (Permit required; exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of Ordinances. ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 10 OF 11 The developer shall meet with the City of Anna planning staff to identify vegetation/underlying brush not subject to preservation to be removed prior to recordation of the final plat for any area containing a tree preservation easement. ZONING &CONCEPT PLAN -THE WOODS AT LINDSEY PLACE PAGE 11 OF 11 STATE OF TEXAS § CERTIFICATE TO COPY OF PUBLIC RECORD § and BUSINESS RECORD COUNTY OF COLLIN § BEFORE ME, the undersigned authority, personally appeared CABBIE L. LAND, who, being by me duly sworn, testified as follows: My nanie is CABBIE L. LAND. I am of sound mind, capable of making this Affidavit and personally acquainted with the facts herein stated. I hold the public office of City Secretary of the City of Anna, Texas and held said office at all times relevant to the facts stated herein. I am a custodian of the records of the City of Anna, Texas, ahome-rule municipality in Collin County, Texas. Attached hereto (as Exhibit 5) are thirty-four (34) pages of records from the City of Anna, Texas constituting a document numbered Ordinance No. 881-2020 signed by Mayor Nate Pike in error on Tuesday, November 10, 2020. These pages of records are kept by said organization in its regular course of business and it was in the regular course of business of said organization for one of its employees or representatives, with knowledge of the act, event, condition, or opinion recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. I further certify, in the performance of the functions of my office, that said five (5) pages of records are official records fiom the public office of the City Secretary of the City of Anna, Collin County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof, I have hereunto set my hand and affixed the official seal of said office this ��lday of 2021. LAURETTA KAY BLACKETER My Notary ID # 129369379 Expires April 1, 2021 CABBIE L. LAND City Secretary City of Anna, Texas Sworn to and subscribed before me on the day Notary Public - Page 1 of 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway) ORDINANCE NO. 881-2020 (CORRECTED) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested rezoning on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway is being rezoned from Agricultural District (AG) to Planned Development -Multi -Use (PD-MU) which will include the following zoning districts with modified development standards; C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-60 Single -Family Residence District, (SF-60), SF-Z Single -Family Residence District - Zero lot line homes (SF-Z), and SF-TH Townhome District (SF-TH) on 275.0± acres; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUiMCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances (the "Anna Code") are hereby amended by changing the zoning to create a new zoning, as depicted in the Concept Plan on the attached Exhibit 2. 1 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality development along future Rosamond Parkway & future Ferguson Parkway. Within this District are permitted certain retail, service, office, and residential uses. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. 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 the C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-72 Single -Family Residence District (SF-72), SF-60 Single -Family Residence District (SF-60), SF-Z Single -Family Residence District - Zero lot line homes (SF-Z), SF-TH Townhome District (SF-TH), and the Planning and Development Regulations except as otherwise specified herein. a. C-1 Restricted Commercial: 1. Additional Permitted Uses by -right: A. Child-care center B. Nursery school, kindergarten 2. Additional Prohibited Uses: A. Auto repair, minor B. Automobile service station C. Car wash D. Construction yard E. Electrical substation F. Gas Metering station G. Motorcycle sales and service H. Quick oil change facility 1. Quick tune-up facility J. Tire Dealer b. MF-2 Multiple -Family Residential -High Density 1. Maximum height: 50 feet (3-story) 2. Maximum number of units: 600 3. Buffer: A 60-foot wide vegetative buffer shall be provided on the east and north sides of the district where adjacent to a single-family residential district. The natural tree line shall be preserved as a buffer and in areas where no trees exist, trees with a 3" minimum caliber shall be planted staggered at 25400t centers with an undulating berm a minimum of three (3) feet in height up to six (6) feet in height. The 60400t vegetative buffer shall count as the required "60400t setback from the adjacent property line for buildings in excess of one story in height". 4. Height: The height of any multifamily building sited on a lot adjacent to an area zoned for single-family shall be limited 2-story (35 feet) within 100 feet of the zoning district boundary or the lot on which the single-family dwelling is located. 5. Screening Fence: A. Fencing between single family lots and multi -family development shall consist of a 6' cedar fence with masonry columns at no less than 100-foot intervals. The fence shall be owned and maintained by the single-family development HOA. B. Border screening on any perimeter not abutting asingle-family lot shall be owned and maintained by the multi -family development and shall consist of either of the following: Masonry border fence of not less than six feet in height; and/or An ornamental metal fence, such as wrought iron or tubular steel, with stone columns at 50-foot intervals along with a vegetative screen comprised of minimum 3" caliber trees planted staggered at 2540ot centers. The vegetative screen may be planted within any required landscape buffer. 6. Refuse facilities: Two (2) 30 cubic yard compactors will be provided for the development, one each for trash and recycle. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Solid 3 metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. Refuse containers shall be provided and maintained in a manner to satisfy public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection guidelines. 7. A minimum 8' hike &bike trail shall be provided around the perimeter of the multi- family development in general conformance and as shown on Exhibit A (Concept Plan). 8. Parking: 1.5 off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking space regulations are set forth in section 9.04.037. c. SF-72 Single -Family Residence: 1. Minimum side yard, interior: 5 feet 2. Minimum rear yard setback: 20 feet 3. Maximum lot coverage: 55% 4. Minimum number of lots: 105 5. Fences: A. The rear yard fencing of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel with the exception of areas identified on the approved Concept Plan (Exhibit A) as "6' Masonry Wall Adjacent to Single Family". Fencing is to be owned and maintained by the individual lot owners whereas masonry walls are to be owned and maintained by the single-family development H.O.A. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section c.5.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. d. SF-60 Single -Family Residence: 1. Minimum rear yard setback: 20 feet 2. Maximum lot coverage: 50% 3. Fences: A. The rear yard fencing of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel with the exception of areas identified on the approved Concept Plan (Exhibit A) as "6' Masonry Wall Adjacent to Single Family". Fencing is to be owned and maintained by the individual lot owners whereas masonry walls are to be owned and maintained by the single-family development H.O.A. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section b.3.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. e. SF-Z Single -Family Residence: 1. Minimum side yard, interior: 5 feet 2. Minimum rear yard setback: 20 feet 3. Maximum number of lots: 375 4. Fences: A. The rear yard fences of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Said fencing to be owned and maintained by the individual lot owners. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section d.3.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. f. SF-TH Townhome District 1. Maximum height: 45 feet (3-story) 2. Front yard: 20 feet / 10 feet if alley served 3. Minimum rear yard setback: 20 feet 4. Lot area: 1,760 per unit 5. Min. lot width: 22 feet 6. Min. lot depth: 80 feet 5 7. Maximum lot coverage: W/o 8. Maximum number of lots: 95 lots 9. Fences: Prohibited g. To prohibit indiscriminate clear cutting the applicant has agreed to preserve the existing tree line located on portions of the eastern and southern Planned Development boundaries. The existing tree lines shall be located within a 10' Tree Preservation Easement as identified on the Concept Plan (Exhibit A) and designated as a non - disturbance area in which no construction or tree removal will occur. Removal of any trees in these areas are subject to restriction under Sec.9.07.003 (Permit required; exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of Ordinances. h. The developer shall meet with the City of Anna planning staff to identify vegetation/underlying brush not subject to preservation to be removed prior to recordation of the final plat for any area containing a tree preservation easement. 4. Park Land and Public/Private Facility Dedication/Construction a. As part of the zoning request the applicant has agreed to the following as shown on the Concept Plan (Exhibit 2): 1. Dedication of two tracts of land for the purpose of Neighborhood Parks subject to review by the city's parks advisory board and approval by the City Council prior to Preliminary Plat approval. 2. The construction of an 8' hike and bike trail. a. The City of Anna will be responsible for maintain only those portions of the 8' hike and bike trail that are located within or within proximity to the R.O.W. of both Ferguson Parkway and Rosemond Parkway. 3. The construction of a 6' sidewalk connecting the SF-Z district to the Neighborhood Park to be constructed within the R.O.W. 4. Private amenity center to include a pool with splash pad in general conformance with the conceptual rendering shown on Exhibit 3. 5. Prior to final plat approval the applicant may enter into a Roadway, Water and Sewer Impact Fee Credit Agreement with the City of Anna. The impact fees from the development shall be used to fund capital improvements shown on the city's capital improvement plan needed to serve the development and surrounding areas. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. 7 PASSED by the City Council of the City of Anna, Texas this 10th day of November 2020. ATTESTED: L. Land, City Secretary APPROVED: Ooo off •��"��, pdfati�p rExP,,, 'pn►11110% Mayor EXHIBIT 1 - page 1 of 3 FIELD DESCRIPTION: BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being all of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T), being part of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424640, (O.P.R.C.C.T) and being more particularly described as follows: BEGINNING at afive-eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in Instrument No. 201908007000946750, (O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,984.87 feet along the south line of said 159.819 acre tract of land (20061003001424600) and along the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" (hereinafter called "iron rod set") at the southwest corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northwest corner of said 226.62 acre tract of land and said iron rod being in the east line of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 18, LLC, recorded in Instrument No. 20161020001423440, (O.P.R.C.C.T); THENCE North 01 degrees 07 minutes 28 seconds West, a distance of 272.50 feet along the west line of said 159.819 acre tract of land (20061003001424600) and along the east line of said 17.863 acre tract of land to a one-half inch iron rod found at the northeast corner of said 17.863 acre tract of land and said iron rod being at the most southerly southeast corner of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630, (O.P.R.C.C.T); THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 4,656.06 feet along the most southerly east line of said 555.801 acre tract of land to a one-half inch iron rod found at the most westerly northwest corner of said 159.819 acre tract of land (20061003001424640); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 774.75 feet along the most westerly north line of said 159.819 acre tract of land (20061003001424640) and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet over and across said 159.819 acre tract of land (20061003001424640) to a one-half inch iron rod set in the east line of said 159,819 acre tract of land (20061003001424640), said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the most easterly northeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northwest corner of a called 95.468 acre tract of land described in a Warranty Deed to JY & KC, LLC, recorded in Instrument No. 20170608000746940, (O.P.R.C.C.T), from which a mag nail found at the northeast corner of said 95.468 acre tract of land bears South 89 degrees 16 minutes 24 seconds East, a distance of 1,497.23 feet and South 88 degrees 45 minutes 18 seconds East, a distance of 189.34 feet, said iron rod being in or near the centerline of County Road No. 371; THENCE along the east line of said 159.819 acre tract of land (20061003001424640) and along the west line of said 95.468 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner, South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.468 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 966.83 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the most westerly south line of said 95.468 acre tract of land to a one-half inch iron rod with yellow cap stamped "JBI" found at the most easterly northeast corner of said 159,819 acre tract of land (20061003001424640); THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 210.76 feet along the most southerly west line of said 95.468 acre tract of land to a one-half inch iron rod found at the southeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northeast corner of said 159.819 acre tract of land (20061003001424600); THENCE along the east line of said 159.819 acre tract of land (20061003001424600) as follows: EXHIBIT 1 •.•e 3 of South 00 degrees 31 minutes 53 seconds East, passing at a distance of 555.09 feet a one-half inch iron rod with cap stamped "3700" found at the most southerly southwest corner of said 95.468 acre tract of land, continuing in all a distance of 1,241.10 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 72 degrees 46 minutes 12 seconds East, a distance of 140.70 feet to a one-half inch iron rod with yellow cap that is illegible found at the northwest corner of a called 59.534 acre tract of land described Warranty Deed to Jonic Investments, LLC, recorded in Instrument No. 20150605000666010, (O.P.R.C.C.T); South 01 degrees 14 minutes 22 seconds West, a distance of 1,112.98 feet to the POINT OF BEGINNING and containing 11,978,895 square feet or 275.00 acres. /\ � �... .. � . ■ : � I ��� ���� [ .� ��� ���� [ .� [ .� !r ;cam .!- g Ewa �y- ` •tea | / � �y- r � 1 e _ — e j �pi-3Svu Dfill axna 3M1L� 3dIlSdf/i a //U31H08 3 aA�ap 6Ec:d i V �RF+'za•a: Wy I peF�F g w �s9t a4 O�� ai F May� d� L dil 00 a�yE <W EE ¢ o a� a p� aaa. 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I ir--•� . �r— c E 1 Y4m -E t 1 \ � tl w 3 ��� wLL L 6 p6 yy �l LL - = y Q� �`��-( t say � 'u• n _ � _ / ILL .1 I NO/lYAN/1N00 MOd E J 133N4 332 1 1 / I i 9� I II II I I Ii �v irasoawrev,sis f-$ w 0 4 W� I � �� W 3auay.nu.�msam ,gam., LO awre�s fC6 v� p .�. .'a{� Ja= J3( W W 2i3�H08 jaj� Irm 111 oal11leiFei I Ol O PILL b 3a3 K€ gs m m V cc a 20 C gWuz weoiosmc•iva- �. � �—'� i � a _"-..- nines sew :.' �-• � gg o J � m LLI U O ((0) Z W Z 3 0 w w W ¢ a O Z m O O } O 3 w Y W O=i 0 2 0 W GQ (' (L U m O m U w K a �000000000 N W Z O E% C STATE OF TEXAS § CERTIFICATE TO COPY OF PUBLIC RECORD § and BUSINESS RECORD COUNTY OF COLLIN § BEFORE ME, the undersigned authority, personally appeared CABBIE L. LAND, who, being by me duly sworn, testified as follows: My name is CABBIE L. LAND. I atn of sound mind, capable of making this Affidavit and personally acquainted with the facts herein stated. I hold the public office of City Secretary of the City of Anna, Texas and held said office at all times relevant to the facts stated herein. I am a custodian of the records of the City of Anna, Texas, ahome-rule municipality in Collin County, Texas. Attached hereto (as Exhibit 6) ar•e seventeen (17) pages of records from the City of Anna, Texas constituting a document numbered Ordinance No. 881-2020 (Corrected) signed by Mayor Nate Pike correcting erors in the document numbered Ordinance No. 881-2020. These pages of records ace kept by said organization in its regular course of business and it was in the regular course of business of said organization for one of its employees or representatives, with knowledge of the act, event, condition, or opinion recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. I further certify, in the performance of the functions of my office, that said five (5) pages of records are official records fiom the public office of the City Secretary of the City of Anna, Collin County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof, I have hereunto set my hand and affixed the official seal of said office this 1�� day of kL , 2021. CARRIE L. LAND 'e My Notary ib # 129369379 City Secretary Expires April 1, 2021 City of Anna, Texas If10 Sworn to and subscribed before me on the 2 day 021. Notary Public -State of exas Page 1 o f 1