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HomeMy WebLinkAbout2019-12-10 Work Session & Regular Meeting PacketAGENDA City Council Work Session THE CITY OF Anna Tuesday, December 10, 2019 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on December 10, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Presentation from Centurion American Development Group. (City Manager Jim Proce) 3. 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). Personnel Policies, design and construction contracts, meeting procedures, agreements regarding historical displays. City of Anna, Texas v. Zayo Group, LLC, Henkels & McCoy, Inc. and Sadler Boring LLC; Cause No. 366-05638-2018; In the 366th District Court, Collin County, TX b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); City facilities; acquisition of easements. 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); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members 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. 4. 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, 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 December 6, 2019. Carrie L. Smith, 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. SHERLEY TRACT AN URBAN MIXED -USE MASTER PLANNED PROJECT *ILLUSTRATION PURPOSES ONLY* CA Projects The Riverwalk at Central Park The Riverwalk at Central Park will be a vibrant downtown for the more than 70,000 residents of Flower Mound, Texas. Located in the heart of the Dallas/Ft. Worth Metroplex, this 158-acre mixed -use development integrates commercial, office, retail, dining, medical, civic and residential uses in a variety of building types. Five miles north of the DFW airport, The Riverwalk is 28 miles northwest of downtown Dallas and 25 miles northeast of Ft. Worth. Three major highways border the Riverwalk, each with six lanes, this location is easily accessible from any part of the DFW Metroplex. The Riverwalk allows a wide range of flexibility and integration of product uses, such as ground floor retail with offices and/or residences above, retail and office on the same block. The variety of The Riverwalk allows residents to work, play, live and shop all in one location. With 46.5 acres of parks and open spaces in or adjacent to the property, The River Walk provides a plan that will offer a relaxing and serene environment. CA Projects The Statler Centurion American debuted The Statler in the Fall of 2017. The Statler Hotel & Residences underwent a multi- million dollar redevelopment and is part of Curio — A Collection by Hilton, a global brand of distinctive upper upscale and luxury hotels. In 1956, The Statler Hilton's innovative design and first-class features earmarked the hotel as the trendsetter of modern luxury in the growing Downtown Dallas and was a common stop for the world's most distinguished dignitaries and celebrities. Centurion American Development Group's master plan includes 161 hotel rooms on the lower five floors and 219 residences on the top 11 floors. The building includes meeting space, retail and office space, restaurants and a hotel lounge. Venues include Bourbon and Banter, Scout, Fine China, Waterproof, and Over easy. A new music and entertainment venue exists in the 14,500-square-foot ballroom. In addition, the iconic 20-story hotel is prominently located across from the Main Street Garden Park and will boast some of the most breathtaking views in all of Dallas. Centurion has partnered with Merriman Associates Architects to lead the design of the project, and Lincoln Property will be managing the residential units. ■ , . -■.j 5 �w n � ■ ngEw��00�4 CA Projects Mercer Crossing MERCERCROSSING Mercer Crossing West is a multi -phase development of multifamily, residential and commercial planned on 370 acres in Farmers Branch, Texas. The overall mixed -use plans on the horizon include a boutique hotel, boardwalk restaurants with waterfront dining, retail destinations and family entertainment on the southern site just southeast of the 635 and Luna Road intersection. The northeast portion will feature 2 hotels, 3500 multifamily units and shopping retail just north of 635 and the Luna road exit. In addition, the project will include over 800 single family home sites for townhomes and residential villas, 180,000 square feet of commercial with services that accommodate local residents and a reserved 48-acre for a future office campus. Signature amenities planned include a 5,000 seat outdoor amphitheater and a residential amenity center with plans for a myriad of amenities like a kid splash park and pool for local homeowners. CA Projects Westlake Entrada WESTLAKE Westlake Entrada is nestled on 85 acres in one of the most coveted communities in the country. Located in the center of north Texas, this charming, walkable community is modeled after a quaint Catalonian village in northeastern Spain. This mixed -use development integrates commercial, office, retail, dining, and residential uses in a variety of building types. • Residential Living • Retail: 16,800 sf o Single -Family: 604 o Townhome: 190 • Entertainment & Service o Active Adult/Senior: 108 • Restaurants: 19,000 sf • Multi -Family: ± 19 acres • Anna ISD: • Amenity Center o Rattan Elementary o Anna Middle School • Hike & Bike Trails o Anna High School • Community& Botanical Garden SHERLEY TRACT USE MAP it SHE RLEY IAACT �>e r.. ioiu.-�mz - ... ---- f.- MULi1-rAkjLY v4�4h?FRC+�.f ir� I I 75 AMENITY CENTER ExlsnNG LAKE FISHING PIER AMENITY CENTER 1 5ti\�G Q 2 1\\�G ?RAiLHEAO & � `N PARKING ol ,r ANTILAL UAKL �. ' ,r ANTILAL UAKL �. ' -e 9 It f-6 we, lk --N-- - �i 7, 'A AAL Pon— po vv , ��- - a, `.-� ,.. -{yy 'f,• . •� � wry• � .. . 4 , � �• . �iti C ' x,� � �y T+�•1 _. i,( tt F �''�' r,� r j •• S •r , r `�` �'" �:�'' �. , r'��` +�� .�Sl � •• - aye — - � • �if'1 }' i � ,yam •••-�: •� �'r }� '�� ..,: E f _ �t it �. — • ,��- �� 4 ,-+ , F Y�} a� �I E OPEN SPACE COMMERCIAL & MULTI -FAMILY 5 � MLLYWA iY t �A 4,I C ENTU -- I N AM ERI CAN THE CITY OF AiAtia AGENDA ITEM: Item No. 2. City Council Agenda Staff Report Meeting Date: 12/10/2019 Presentation from Centurion American Development Group. (City Manager Jim Proce) SUMMARY: Centurion American Development Group will present an update on the Hurricane Creek Development. STAFF RECOMMENDATION: No recommendation is necessary for this item. AGENDA THE CITY OF Regular City Council Meeting AAtia Tuesday, December 10, 2019 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on December 10, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as 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. Citizen 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. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. 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. 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 Minutes for November 12, 2019. (City Secretary Carrie Smith) b. Approve minutes of the November 4, 2019 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Approve an Ordinance providing for the adoption of the Expressvote Universal Voting System. (City Secretary Carrie Smith) d. Approve an Ordinance establishing rules and regulations for off leash areas, ("Paw Parks") in the City of Anna. (Managing Director of Community Services Ashley Stathatos) e. Approve a Resolution approving the Enox RV Addition, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) f. Approve a Resolution entering into a development agreement with Anna 21, LLC to establish development and design regulations for future development located on 20.799 acres at 1220 S Powell Parkway, south of FM 455 and east of SH 5. (Managing Director of Community Services Ashley Stathatos) g. Approve an Ordinance amending the City of Anna Code of Ordinances regarding the Rental Registration Program. (Code Compliance Manager Kevin Martin) 6. A) Conduct a Public Hearing to consider a request to annex 161.250 Acres and 61.905 Acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas to extend the boundary limits of the City of Anna to include property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) B) Discuss/Consider/Action on an Ordinance to annex 161.250 acres and 61.905 acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas and extend the boundary limits of the City of Anna to include the property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) 7. Discuss/Consider/Action on a Resolution entering into a Development Agreement with QJR Partnership, LTD to establish development and design regulations on property located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway. (Director of Development Services Ross Altobelli) 8. A) Conduct a public hearing to consider public comments on a request to rezone 223.0± acres located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway from Single -Family Residential - Large Lot (SF-E) to Planned Development -Single -Family Res idence-60/Restricted Commercial District (PD- SF-60/C-1) with modified development standards. Applicant: Bloomfield Homes B) Discuss/Consider/Action on an Ordinance approving the request to rezone 223.0± acres from SF-E to PD-SF-60/C-1 with modified development standards. (Director of Development Services Ross Altobelli) C) Discuss/Consider/Action on a Resolution approving the Concept Plan, Meadow Vista, associated with the rezoning request. (Director of Development Services Ross Altobelli) 9. A) Conduct a public hearing to consider public comments on a request to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence-60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial (PD-C-1) with modified development standards. Applicant: Carrillo Engineering, LLC B ) Discuss/Consider/Action on an Ordinance approving the request to rezone 2.7± acre from PD-SF-60/SF-TH to PD-C-1 with modified development standards. (Managing Director of Community Services Ashley Stathatos) C) Discuss/Consider/Action on a Resolution approving the Concept Plan, Children's Lighthouse Addition, Block 1, Lots 1 & 2, associated with the rezoning request. (Managing Director of Community Services Ashley Stathatos) 10. Discuss/Consider/Action on an additional amendment to the Construction Contract with Lee Lewis Construction for the Municipal Complex and any additional necessary action. (Public Works Director Greg Peters) 11. Discuss/Consider/Act on a Resolution awarding the Municipal Complex Sanitary Sewer Construction Project (Public Works Director Greg Peters) 12. Discuss/Consider/Action on a Resolution of the City of Anna, Texas authorizing the City Manager to execute a purchase sale agreement for the purchase of 0.202 acres of real property to be designated as public right-of-way for the construction of West Foster Crossing Road as shown in Exhibit "A' attached hereto, in the amount not to exceed thirty five thousand dollars and zero cents ($35,000.00) in a form approved by the City Attorney; and providing for an effective date. (Public Works Director Greg Peters) 13. Discuss/Consider/Action to fill vacancy on EDC/CDC. (City Secretary Carrie Smith) 14. 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). Personnel Policies, design and construction contracts, meeting procedures, agreements regarding historical displays. City of Anna, Texas v. Zayo Group, LLC, Henkels & McCoy, Inc. and Sadler Boring LLC; Cause No. 366-05638-2018; In the 366th District Court, Collin County, TX b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); City facilities; acquisition of easements. 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); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members 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. 15. 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 16. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, 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 December 6, 2019 Carrie L. Smith, 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. THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 12/10/2019 Approve Council Minutes for November 12, 2019. (City Secretary Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Work Session Regular Session Upload Date Type 11 /26/2019 Exhibit 11 /26/2019 Exhibit ANNACITYCOUNCIL MINUTES WORK SESSION November 12, 2019 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pro Tern Miller called the meeting to order at 6:32 PM. Mayor Pike and Council Member Reeves were absent. Mayor Pike arrived late. 2. Citizen 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. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Andy Michrina - spoke with regards to the positioning of the State and American flags. 3. 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). Personnel Policies. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements 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); possible incentive agreements with property developers; pending negotiations on development agreements. MOTION: Council Member Toten moved to enter closed session. Council Member Bryan seconded. Motion carried 6-0. Mayor Pro Tern Miller recessed the meeting at 6:33 PM. Mayor Pike reconvened the meeting at 7:31 PM. 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. 4. 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. No action. 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:31 PM. Approved on the December 10, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNACITYCOUNCIL MINUTES REGULAR SESSION November 12, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:31 PM. Council Member Reeves was absent. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen 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. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Jim Luscomb - spoke with regards to Item 7. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. None. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items k., n. and s. were removed from the Consent agenda. a. Approve City Council Minutes for October 15, 2019. (City Secretary Carrie Smith) b. Approve Minutes of the October 7, 2019 Planning and Zoning meeting. (Director of Development Services Ross Altobelli) c. Approve Minutes of the September 9, 2019 Planning and Zoning meeting. (Director of Development Services Ross Altobelli) d. Approve CDC/EDC Minutes from the October 3, 2019 Meeting (Economic Development Director Joey Grisham) e. Review Quarterly Investment Report. (Finance Director Dana Thornhill) In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The report included the following: • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the P F I A The City's portfolio as of quarter ending September 30, 2019 earned an average yield of 2.26% and a year to date average yield of 2.32%. The total year to date interest earnings are $1,249,637. The Quarterly Investment Report for September 30, 2019 is attached for review. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing Professional City f. Approve an Ordinance approving the 2019 Tax Roll. (Finance Director Dana Thornhill) The Collin County Tax Assessor Collector recently submitted the Tax Roll summary for the City of Anna. Texas Property Tax Code, Section 26.09, requires the City to pass an ordinance approving the 2019 Tax Roll. Strategic Connection - This items supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing Professional City AN ORDINANCE APPROVING THE 2019 TAX ROLL FOR THE CITY OF ANNA, TEXAS g. Approve a Resolution approving a site plan for the Roper Retail Center located at 912 and 916 W White St. (Director of Development Services Ross Altobelli) Jonathan Hake, the representative for the owner of the property, has submitted a site plan for the Roper Retail Center site located at 912 and 916 W White St. The site contains approximately 1.91 acres of land that are zoned C-1 Restricted Commercial. They are proposing a new 6,000 SF building for the future use of a restaurant and a new 6,500 SF building for retail use. The submittal meets the City of Anna requirements. Strategic Connection - This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ROPER RETAIL CENTER SITE PLAN. h. Approve a Resolution approving a site plan for Altice/Suddenlink Addition. (Director of Development Services Ross Altobelli) Gonzales & Schneeberg, the representative for the owner of the property, has submitted a site plan for the Altice/Suddenlink Addition site located at 921 South Powell Pkwy. The site contains approximately 0.936 acres of land that is zoned General Commercial C-2. They are proposing a new 1,614 sq ft building for a data center hub. The submittal meets the City of Anna requirements. Strategic Connection - This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ALTICE/SUDDENLINKADDITION SITE PLAN. Approve a Resolution approving the SASM Investments Addition Minor Replat. (Director of Development Services Ross Altobelli) The SASM Investments Addition minor replat is located in the J. C. Farris Survey, Abstract No. 331. The plat contains approximately 1.107 acres covering a section of land located at 600 and 604 White St. This is a minor replat of Block G, Lot 1 B of the previously approved final plat in order to update and add additional easements. The submittal meets the City of Anna requirements. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A MINOR REPLAT OF SASM INVESTMENTS ADDITION BLOCK G, LOT 1 BR. Approve a Resolution approving the Sweetwater Crossing Phase II Replat. (Director of Development Services Ross Altobelli) The Sweetwater Crossing Phase II Replat is located in the J.C. Brantley Survey, Abstract No. 114. The plat contains approximately 19.43 acres covering a section of land North of Sweetwater Crossing Phase I off of Highway 5 that will consist of 82 residential lots and 1 open space lot. The purpose for this replat is to re -align the ATMOS gas easement to reflect the actual alignment, and then realign the lots and building lines to accommodate this. This replat creates five new residential lots and one common area lot. Although there were additional lots added, the original boundary for Phase I I was maintained and the plat meets the approved Planned Development zoning for the area. This submittal also meets the City of Anna requirements. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REPLAT OF SWEETWATER CROSSING PHASE 2. k. Approve a Resolution approving a site plan for Wal-Mart Anna Addition Block A, Lot 5 (Whataburger). (Director of Development Services Ross Altobelli) Halff Associates, Inc, the representative for the owner of the property, has submitted a site plan for Whataburger located at Block A, Lot 5 of the Wal- Mart Anna Addition. The site contains approximately 1.4604 acres of land that are zoned Planned Development 648- 2014 with a General Commercial (C-2) base. They are proposing a new 3,583 SF building for the future use of a Whataburger restaurant with drive-thru. The submittal meets the City of Anna requirements. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing the Anna Economy A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WAL-MART ANNA ADDITION BLOCK A, LOT 5 (WHATABURGER) SITE PLAN. MOTION: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 6-0. Approve a Resolution approving a contract amendment for environmental services with Collin County. (Managing Director Community Services Ashley Stathatos) The City of Anna has entered into and I nterlocal Agreement (ILA) with Collin County to provide environmental health inspection services within the City's corporate limits. Services provided under the Agreement include inspections of HOA swimming pools, restaurants, school cafeterias, day care food preparation facilities, and any other place where food is being prepared and served to the public such as festivals and inside convenience stores. The County also reviews construction plans of food preparation facilities and provides inspections during construction to insure compliance with State health regulations. The City receives reports throughout the year on each inspection made. The 2020 (October 1, 2019 through and including September 30, 2020) contract amount is $12,008 which is an increase of $1,056 from the previous year. The rate is based on the population estimates for the City of 15,010 citizens x $.80. The attached resolution approves an extension of the I nterlocal Agreement with the County for another year. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — A Great Place to Live A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT TO AN INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES WITH COLLIN COUNTY m. Approve a Resolution approving an I nterlocal Agreement Between the North Central Texas Council of Governments and the City of Anna for 2019 Digital Orthophotography. (Managing Director of Community Services Ashley Stathatos) This I nterlocal Agreement is between the City of Anna and the North Central Texas Council of Governments ("NCTCOG") for the purpose of purchasing 2019 Orthophotography. Orthophotography is aerial photography which has been geometrically corrected ("orthorectified") so that it has a uniform scale and can be used for measuring just like a traditional map. Since 2001, NCTCOG's Research & Information Services Department has facilitated the purchase of high -quality, color, digital aerial photography (orthos) for North Central Texas as a cost -sharing objective for local governments and other entities. Due to the success of the project and subsequent realized savings, a majority of the local governments in North Central Texas purchase their aerial photography through NCTCOG's cooperative program which occurs every other year (odd years). The orthophotography is needed for the GIS program implementation. The aerials will form the backdrop of the map features upon which a variety of attributes will be overlaid. These layers will support economic development, planning, engineering, public safety and municipal management operations and activities. The cost of the 2019 Orthophotography is $5,523.20. Once purchased, the city has full rights to install, store, load, execute and display the images. Neighbors, businesses, developers and staff will all benefit from the data. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT FOR 2019 ORTHOPHOTOGRAPHY WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. n. Approve Resolution entering into a Development Agreement with Don Collins to establish development and design regulations for multi -family development at 1220 S Powell Parkway. (Managing Director of Community Services Ashley Stathatos) This is the same development agreement that the City Council approved at their September 24, 2019 City Council meeting. The development agreement was for property located south of FM 455 and west of SH 5 known as the Rollins tract of land. The intent of the development agreement was to put development and design regulations on the Rollins tract, should a rezoning request to allow for multi -family uses be approved. Kyle and Wendy Rollins (previous property owners) had engaged Don Collins (developer/current property owner) to represent them in regards to their property. After the City Council approved the development agreement, Kyle and Wendy Rollins decided not to sign it. Don Collins withdrew the rezoning application and purchased their property. He is requesting that the City Council enter into the same development agreement with him as before. The only change being that he is listed as the property owner on the development agreement now, and Kyle and Wendy Rollins are removed from it. If the City Council approves the development agreement with Don Collins, then, he will request the property be rezoned to MF-2, Multi -Family Residential - High Density. Approving the development agreement in no way puts an obligation on the Planning and Zoning Commission or 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. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH DON COLLINS RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE - FAMILY DEVELOPMENT LOCATED AT 1220 S. POWELL PARKWAY. MOTION: Council Member Beazley moved to take no action. Council Member Vollmer seconded. Motion carried 6-0. o. Approve a Resolution approving a Special Event Permit to the City of Anna for Christmas in the Park at Sherley Heritage Park on December 7th from 5:00 pm to 8:00 pm. (Managing Director of Community Services Ashley Stathatos) The City of Anna, Anna Historical Society and Anna Chamber of Commerce are partnering together to host Christmas in the Park at Sherley Heritage Park on December 7th from 5:00 pm to 8:00 pm. Activities include a Christmas tree lighting ceremony, entertainment from community choir groups, arts & crafts area, blow-up slides, trackless train, food trucks and more. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — A Great Place to Live RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO ASHLEY STATHATOS ON BEHALF OF THE CITY OF ANNA FOR CHRISTMAS IN THE PARK. p. Approve a Resolution instituting annexation proceedings and establishing dates, times and places for a public hearing for the annexation of approximately 223.155 acres generally located east of US 75 and north of FM 455 in the John Ellett Survey, Abstract No. 296 and Francis t. Duffau Survey, Abstract No. 288. (Managing Director of Community Services Ashley Stathatos) This is a voluntary annexation comprised of approximately 233.155 acres of land located east of US 75 and north of FM 455 in the John Ellett Survey and Francis T. Duffau Survey. The property is just north of Creekside and The Falls Phase 2 and east of Anna Town Center. Jim Douglas has plans to develop the property into a residential subdivision called Meadow Vista. Bloomfield Homes would be the builder. The resolution would initiate or begin annexation proceedings of the area. If the resolution passes, the City will schedule a public hearing to be held on the December City Council meeting. Since the State law has changed, a second public hearing is no longer required. At the same meeting as the public hearing, the City Council may adopt the ordinance approving the annexation. Prior to the adoption of the annexation ordinance, the City will need to enter into an agreement on services to the area. Strategic Connection - This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION ESTABLISHING THE DATES, TIMES AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY. q. Approve an Ordinance of the City of Anna, Texas, amending the Anna City Code of Ordinances Chapter 12 (Utilities), Article 12.03 (Water) by adding a new Division 3. (Cross -Connection Control Program) to prevent potable water pollution; providing for a penalty for any violation of this ordinance not to exceed $2,000; providing for savings, severability, and repealing clauses; providing for an effective date; and providing for the publication of the caption thereof. (Director of Public Works Greg Peters) The City of Anna is a provider of potable water to neighbors and businesses located with the City limits and in the extraterritorial jurisdiction. As a public water provider, the City is required to maintain policies and procedures as identified by the Texas Commission on Environmental Quality (TCEQ) in order to promote the safety, health, and welfare of all customers of the water system. Cross connection control is an important step in preventing any outside chemicals, liquids,or gasses from entering into the public water supply. The City of Anna has been performing many of the required duties related to TCEQ's cross connection control standards, however the City does not currently have a thorough ordinance outlining the processes, procedures, and standards. This ordinance provides the City, the public, and contractors performing work in the City with a standard set of guidelines to follow in order to ensure that potentially harmful cross connection risks are properly mitigated. Staff utilized existing ordinances from other cities in the DFW region and worked with the City Attorney to develop and finalize the ordinance for Council consideration. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES CHAPTER 12 (UTILITIES), ARTICLE 12.03 (WATER) BYADDING A NEW DIVISION 3. (CROSS - CONNECTION CONTROL PROGRAM) TO PREVENT POTABLE WATER POLLUTION; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. r. Approve a Resolution of the City of Anna, Texas supporting Collin County in their efforts to construct the Collin County Outer Loop; and providing for an effective date. (Director of Public Works Greg Peters) Collin County is seeking support from area cities regarding the future construction of the Collin County Outer Loop. The proposed project is a limited access roadway (freeway) which will provide efficient loop travel around the outer edges of Collin County. Major roadways of this type are necessary to facilitate efficient transportation to and from communities, and also offer potential business development opportunities as many commercial and retail entities consider limited access roadway adjacency as a key determining factor in constructing new facilities. Staff is bringing this item forward for Council consideration at the request of the Collin County Commissioners Court, and finds the request to be consistent with the long-range plans of the City of Anna and the City's Master Thoroughfare Plan. A RESOLUTION OF THE CITY OF ANNA, TEXAS SUPPORTING COLLIN COUNTY IN THEIR EFFORTS TO CONSTRUCT THE COLLIN COUNTY OUTER LOOP; AND PROVIDING FOR AN EFFECTIVE DATE. s. Approve a Resolution authorizing the City Manager to execute easement documents for an Oncor Easement on the Municipal Complex property. (Director of Public Works Greg Peters) The municipal complex site is currently under construction. There are overhead electric lines which bisect the property, and are located in areas where the proposed buildings will be constructed. Therefore these lines must be relocated. Staff has worked with Oncor Electric Delivery Company to develop a plan to re-route the overhead electrical around the edge of the property, where it will be placed in conduit below ground. Oncor requires a permanent electric easement for their facilities. This item authorizes the City Manager to execute easement documents to provide the permanent electric easement to Oncor Electric Delivery Company. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZI NG THE CITY MANAGER TO EXECUTE EASEMENT DOCUMENTS FOR A PERMANENT ELECTRIC EASEMENT TO ONCOR ELECTRIC DELIVERY COMPANY; AND PROVI DI NG FOR AN EFFECTIVE DATE. MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 6-0. MOTION: Council Member Beazley moved to approve a., b., c., d., e., f., g., h., i., j., I., m., o., p., q., and r. Council Member Miller seconded. Motion carried 6-0. 6. Consider/Discuss/Action on a Resolution of the City of Anna, Texas awarding the Suzie Lane Paving and Drainage project to Pavecon Public Works, L.P. in an amount not to exceed three hundred forty-seven thousand five hundred thirty-six dollars and thirty-seven cents ($347,536.37); and providing for an effective date. (Director of Public Works Greg Peters) The Suzie Lane Paving and Drainage Project provides an important connection from US 75 to a new road being constructed as a part of private development in the northwest quadrant of the City. As a minor collector roadway, the road was added to the City's Master Thoroughfare Plan in the last update to the 10-year Capital Improvement Plan and Impact Fee study. The design engineer, Birkhoff Hendricks & Carter completed the bid process on behalf of the City. Three bids were received, with the lowest bid from Pavecon Public Works, L.P. The design engineer contacted Pavecon's references and reviewed their prior work history. In addition City staff reviewed Pavecon's experience and work history on projects of similar size and scope. Staff has met with TxDOT and obtained a permit for the connection of Suzie Lane to the southbound frontage road of US 75. The proposed project will be funded through Roadway Impact Fees, which has a current fund balance of approximately $2,600,000.00. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE SUZIE LANE PAVING AND DRAINAGE PROJECT TO PAVECON PUBLIC WORKS, L.P. IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-SEVEN THOUSAND FIVE HUNDRED THIRTY-SIX DOLLARS AND THIRTY-SEVEN CENTS ($347,536.37); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Vollmer seconded. Motion carried 6-0. 7. Consider/Discuss/Action on a Resolution of the City of Anna, Texas authorizing a task order for final design of Ferguson Parkway to Birkhoff Hendricks and Carter, L.L.P. in an amount not to exceed one million one hundred thirty-seven thousand five hundred fourteen dollars and zero cents ($1,137,514.00); and providing for an effective date. The Ferguson Parkway project is a critical north -south transportation corridor in the City of Anna from FM 455 to the Collin County Outer Loop. This item will allow the project to move forward into the final engineering phase. The project has funding partners through the North Central Texas Council of Government (NCTCOG). In addition, city staff has submitted a request for Collin County funding participation through their bond program, which would provide a 70/30 match. It is the goal of the City to utilize partnerships with NCTCOG and Collin County to make our taxpayer dollars stretch further. If this item is approved, staff anticipates final engineering being completed in 2020, with bidding and construction beginning in 2021. Acquiring the needed right-of-way, which is underway, will be the process which has the most impact to the timeline of the project. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING A TASK ORDER FOR FINAL DESIGN OF FERGUSON PARKWAY TO BIRKHOFF HENDRICKS AND CARTER, L.L.P. IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED FOURTEEN DOLLARS AND ZERO CENTS ($1,137,514.00); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Beazley seconded. Motion carried 6-0. 8. Consider/Discuss/Action Stormwater Utility Study for the City of Anna. (Director of Public Works Greg Peters) A stormwater utility is a method by which a municipality may formally adopt policies and procedures related to the management, maintenance, expansion, and funding of the public stormwater system. It provides a methodology authorized by Local Government Code 552, Subchapter C, the Municipal Drainage Utility Systems Act, which allows for cities to establishes a service fee for users of the municipal storm system, providing that the fee is reasonable, equitable, and non-discriminatory. The City Council's Strategic Plan identifies a stormwater utility study and recommendations as a need for 2020. Staff has a presentation providing information to the Council and the public on stormwater utilities, what they are and how they work as a funding mechanism for much needed projects, and why a stormwater utility might be a good solution for Anna to address the diverse stormwater management needs of a rapidly growing city. A formal study is required in order to create a stormwater utility and the study will provide information to the Council and the public on what the needs are for the community, and what options are available. Revenue derived can be used for staffing, projects, equipment, materials, financing, planning and engineering of same, providing it is directly related to drainage. Staff is prepared to bring a task order for Council consideration for a consultant to begin a formal study if desired. This can be done at the December meeting. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth No action, proposals to be brought back to Council for review. 9. Consider/Discuss/Action on Capital Road Projects for Hackberry Lane and Taylor Boulevard. (Director of Public Works Greg Peters) This item is to discuss two roadway improvement projects which are currently on hold. The attached presentation provides information on both projects, including current status and next steps. Staff is seeking feedback from the City Council on these projects with the intent on moving forward into the next phase. Hackberry Lane is a project which has been placed on hold for some time. Design is 90% complete for phase 1, but right-of-way still needs to be acquired. The project could move into construction in 2020. This is an integral connection to downtown from the surrounding neighborhoods. Taylor Boulevard is a mutual boundary road (shared responsibility) with Collin County. Therefore, prior to final design or construction, it will be critical to seek a partnership with the county on project funding. In order to facilitate such a partnership, completing a schematic design process would provide the City with a clear scope and cost estimate for the project - making those discussions with the County more fruitful. Strategic Connection Both items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth No action taken. 10. Consider/Discuss/Action on a Resolution Casting Votes for the Board of Directors for the Collin County Central Appraisal District. (Finance Director Dana Thornhill) The City Council of the City of Anna has twelve votes to cast for the Board of Directors for the Collin County Central Appraisal District (CCAD). The Board of Directors serve a two-year term beginning January 1, 2020. Attached is the official ballot and a letter from CCAD which contains a list of the nominations, whether they are a current board member, which city nominated the candidate, and where the candidate resides. The City Council may choose to cast all votes for one candidate or elect to divide them between candidates. The City Council must vote in an open meeting, report the votes in a written Resolution, and submit the Resolution to the Chief Appraiser by December 15, 2019. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing Professional City A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLI N COUNTY. MOTION: Mayor Pike moved to cast all 12 votes for Brian Mantzey. Council Member Beazley seconded. Motion carried 6-0. 11. Consider/Discuss/Action Meeting Schedule for Remainder of Calendar Year (City Manager Jim Proce). Council took no action. 12. 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). Personnel Policies, design and construction contracts. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); City facilities; acquisition of easements. 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); possible incentive agreements with property developers; pending negotiations on development agreements. MOTION: Council Member Miller moved to enter closed session. Council Member Bryan seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 9:01 PM. Mayor Pike reconvened the meeting at 9:37 PM. 13. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action taken. 14. Adjourn. Mayor Pike adjourned the meeting at 9:37 PM. Approved on the December 10, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 12/10/2019 Approve minutes of the November 4, 2019 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Meeting Minutes - Signed 12/3/2019 Exhibit MINUTES PLANNING AND ZONING COMMISSION November 4, 2019 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on November 4, 2019, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items. 1. Call to Order and Establishment of Quorum Since Commissioner Tutson was running late, Commissioner Barton temporarily took over the chairman duties and called the meeting to order at 7:19 pm. Members present were Don Callaham, Wayne Barton, Alonzo Tutson, Donald Henke, Leslie Voss, and Danny Ussery. Daniel Moody was absent. Staff present was Ashley Stathatos, Alexis Vanderslice, and Ross Altobelli. 2. Invocation and Pledge of Allegiance Commissioner Barton gave the invocation led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. There were no citizen comments. 4. Consider/Discuss/Action on recommendation regarding a Minor Replat for SASM Investments Addition, Block G, Lot 1 BR. Applicant: Jackman Real Estate, LLC Commissioner Tutson showed up before the vote for this item, so Commissioner Barton relinquished the chair duties back to him. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The minor replat is located in the J. C. Farris Survey, Abstract No. 331. The plat contains approximately 1.107 acres covering a section of land located at 600 and 604 White St. This is a minor replat of Block G, Lot 1 B of the previously approved final plat in order to abandon a section of easement. A motion was made by Commissioner Henke, seconded by Commissioner Callaham to recommend approval of the minor replat. The vote was unanimous. 5. Consider/Discuss/Action on recommendation regarding the Site Plan and Landscape Plan for Wal-Mart Anna Addition, Block A, Lot 5. Applicant: Halff Associates, Inc. Mr. Altobelli gave a brief presentation and answered questions from the Commission. Halff Associates, Inc, the representative for the owner of the property, has submitted a site plan and landscape plan for a restaurant with drive through service located at Block A, Lot 5 of the Wal-Mart Anna Addition. The site contains approximately 1.4604 acres of land that are zoned Planned Development 648-2014 with a General Commercial (C-2) base. Commissioner Barton noted that he is unhappy with the dumpster placement but agrees that there is not really a great spot for it on the site. He also noted that he is happy that they are giving so much parking on the site and that they will have a dual drive through lane. P & Z Minutes 11-04-19 Page 1 of 6 11-04-19 Commissioner Ussery asked if the items on the building rendering above the awning were lights. He also asked how many stacking spaces they have. Mr. Altobelli answered that there will be five from the menu board. Commissioner Voss wanted to make sure there was no conflict with the access drives from CVS and Staff does not believe that there is. A motion was made by Commissioner Callaham, seconded by Commissioner Voss to recommend approval of the site plan and landscape plan. The vote was unanimous. 6. Conduct a public hearing to consider a residential replat for a portion of Sweetwater Crossing Phase II. The purpose for the replat is to modify property boundaries in order to create four additional single-family residence lots and one common area lot and to modify building setbacks. Applicant: Strarlight Homes Texas, LLC Mr. Altobelli gave a brief presentation and answered questions from the Commission. The replat contains approximately 19,43 acres covering a section of land North of Sweetwater Crossing Phase I off of Highway 5 that will consist of 82 residential lots and 1 open space lot. The purpose for this replat is to re -align the ATMOS gas easement, abandon and dedicate an easement, and create four additional single-family residence lots and one common area lot. The original boundary of the Planned Development was maintained. Commissioner Henke asked where the common area lot was and asked about clarification on some of the easements in the replatted lots. He also asked to make sure that there is a minimum house size and that they can still meet the minimums for permitting, which Mr. Altobelli stated that they can. Commissioner Tutson asked who is responsible for the landscaping. Mr. Altobelli stated that the HOA is responsible for the common area lot and the homeowners would be responsible for the Atmos gas easement on their own lots. Commissioner Tutson opened the public hearing at 7:35 pm. Resa Gilmore 2114 Evelyn Cir- asked what setbacks were being adjusted. Commissioner Tutson closed the public hearing at 7:36 pm. There was no vote made by the Commission. They felt the wording of the agenda item did not allow for A) Conduct a public hearing to consider public comments on a request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence-60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial (PD-C-1) with modified development standards. Applicant: Carrillo Engineering, LLC Ms. Stathatos gave a presentation about the proposed zoning. Commissioner Tutson opened the public hearing at 7:46 pm. Scott Intrieri 611 Haven- He is opposed to a commercial building in the center of the neighborhood since they had previously advertised that commercial would be in the front of the subdivision. It is also next to the community pool. It will cause more traffic and it is unsafe for the large amount of kids in the neighborhood. He stated that he thinks their traffic study is outdated and doesn't account for all of the families moving in. Commercial uses should be restricted to the front or somewhere else, not in the middle of the neighborhood. P & Z Minutes 11-04-19 Page 2 of 6 11-04-19 Karla Beaty 2213 Nuehoff- Traffic is a major concern, because who knows when they will actually widen the roads. School traffic already flows out in to the street and she thinks the daycare will not provide ample parking like they claimed. She stated she went to two different children's lighthouse daycares, and since they were busy on a Sunday, she worries that it will not be a Mon -Fri use. She doesn't think the elevation of the day care will blend well with the look of the community and existing homes. She doesn't understand why it isn't being located at the front where the commercial should be. She looks out of the front of her home to that lot and doesn't want to look straight out onto the daycare every day. Neal Beaty 2213 Nuehoff- Traffic is a concern, and he opposes the location being in the middle of the neighborhood. He stated he thinks the traffic study is outdated. He is concerned that since we only have two entrances and the developer purchased more land, that the community will only grow and the traffic will get worse. He believes this is a magnet for not only the homeowner congestion, but it will also bring more traffic in to the subdivision to make the existing traffic issue worse. He also stated that the signature lighthouse concept does not match the aesthetics of the neighborhood. Resa Gilmore 2114 Evelyn Cir- She is a national real estate developer and knows what can/should be done in master planned communities. She doesn't believe it is an appropriate use for the site. She stated that she thinks the traffic study is outdated. She believes that the developer is attempting to making the nfrastructure better, but it isn't up to the standard of living that it should be. She doesn't think it makes sense for commercial uses to be in the center of the subdivision, and that it should be at the front. The residents have made a significant investment by buying in this community and she asks that the city protect that investment and the current zoning of the property. Robert Sweetnam 2105 Nuehoff- He stated that he is not ok with putting commercial in the center of the neighborhood. Combining people coming from 6-9 am to drop off kids with the school traffic, is only going to make the traffic issue worse. Especially if you are bringing in even more people from outside of the community. He has made a significant investment and doesn't think it is ok for the developer to make a profit off of a piece of land that should be a park. He believes the daycare should be on a main street and not in the middle of a neighborhood. He stated that he has ran daycares for long enough to know that it s a terrible location for one. Susan Marchand 639 Brook- She stated that she is concerned about the traffic and the idea of a daycare located in the neighborhood instead of off of a main thoroughfare like Highway 5. She stated that they confronted the property owner (developer) as to why they wouldn't put the daycare in the front and they said they would have to break a plot of land to put a daycare there and they refused. She said that this did not sit well with her and stated that the developer came out and was not met with good vibes. Therefore the City needs to put their foot down and say no, and make them put it in the front of the subdivision or on one of the other main thoroughfares in Anna. Ashley Mendiola-Smith 533 Haven- She stated that she holds the first chair of the social committee for the subdivision. She has gone back and forth a lot on this topic. She stated that she is a stay at home mom and has had to put her kids in daycare. She posted a poll up on the facebook page where the majority said they did not want anything there and the next vote is that they were ok with the daycare. She stated that these residents don't speak out because of the drama but did vocalize that they are ok with the daycare. Her take is that we are paying for the upkeep on the lot but if they no longer have to, then it makes it easier on the HOA. A daycare is a lesser of two evils compared to another commercial use. Bruce Norwood 1133 Elizabeth- He stated that he is in favor of the zoning because it is a prime location and otherwise it will be some other heavier commercial use. He believes daycares are needed in Anna. Rejection of one will lead to non consideration for others in the future. He believes it is a good location for the type of road and its close location to the elementary school. He stated that this way, they can watch children after school without the need for a bus. He stated that he knows his points are contrary to most traffic concerns and believes the resentment is due to the developers broken promises and should not be held against the applicant. Georgia King 2423 Thayne- She stated that she has a 2nd grader at Harlow and is on a waiting list on another daycare in town. She is in favor of the daycare and feels most of the traffic is from the community P & Z Minutes 11-04-19 Page 3 of 6 11-04-19 and parents who are already dropping their kids off at school. She wants to be able to pick up her kid 2 blocks away to start her night instead of from across town. She also is uncomfortable with the fact that the buses and vans have to transport the children and she sees too many wrecks, so she would rather her child walk across the parking lot to a daycare instead of them driving her. She stated there are safety protocols at the pool already, since there is already an elementary school near there so adding a daycare should not be a safety concern. She stated that she hopes they put in the daycare for the parents like her who need it. Wayne Marchand 639 Brook- He stated he is in opposition of the zoning due to traffic. He believes that starting construction during the middle of the current and future construction will only make the traffic worse. He stated that he believes it should be put up front where they were originally told commercial would go. John Kizlyk 607 Haven- He stated that he has concerns about the current traffic and the construction traffic that is going on right now. He stated there have been many close calls with construction traffic already which is why several people have already been side swiped and in accidents at that intersection and others. He doesn't believe Sharp is built out enough to accommodate the traffic. The intersection at Finley is narrow and a sharp turn that he believes is too dangerous for all of the construction and neighborhood traffic. He stated that he believes the neighborhood is not opposed to the daycare, they are just opposed to the location. He would prefer it be at the front of the neighborhood near Finley where it is still within close proximity to the school. He asked that the Commission give consideration to allow the developer to complete the roads before a daycare goes in, especially in the middle of the subdivision. Donna Kizlyk 607 Haven- She wanted to state that they are not only considering a daycare, but also another commercial use. Those commercial uses would be a great detriment to the community if they are located right next to the resident's pool and the school. She stated that she does not believe that type of development is needed there, and that the City should hold the developer to his promises and make them put it at the front of the community. Travis Strang 2114 Nuehoff- He stated one of his concerns is the headlights shining into his windows at early hours due to the traffic. He has small children as well that are woken up by this traffic and doesn't want to increase it. He explained that one of his kids goes to harlow and one is at daycare and he has no problem with driving out of the neighborhood to pick up his kids to bring them home. Another concern is that he is upset about the fagade of the children's daycare. He doesn't believe that it matches the houses in the subdivision. He stated that he made a significant investment and feels this will effect his home value. He also stated that as a parent of a child who goes to the elementary school, he is worried about the safety of the children walking and riding their bike to school. A lot of the children in the neighborhood do and despite everyone's best effort, accidents happen and he doesn't want to increase traffic and and provide more opportunity for someone to hit his kids. He also stated that construction of the the daycare and of the future middle school at the same time will only make traffic worse. Having only one way in and one way out is unsafe and will only make the traffic worse, especially with construction. He believes the traffic study is outdated, since the subdivision now has apartments and a large amount of homes added since then. He is concerned that this will only make traffic conditions worse and increase the safety risks for the residents. Commissioner Tutson read into record the mailed in submittals of residents at the time of the meeting Craig Sterling-1020 Sharp is opposed. Kevin Bickham-1240 Tiana is opposed. Amber Johnson- 612 Haven is opposed. The property owner also submitted his response that he is in favor. P & Z Minutes 11-04-19 Page 4 of 6 11-04-19 After the meeting the following responses were received by the City Anthony Laurienti- 1010 Sharp is opposed. Anita Maples- 636 Brock is opposed. Commissioner Tutson closed the public hearing at 8:20 pm Commissioner Tutson stated that he feels uncomfortable voting on this until the agenda language is clearer on whether they can vote on the zoning or not. He expressed that he wants to table the item. The realtor of the applicant then came up to speak and stated that this property is being marketed as commercial, and it will have to eventually be rezoned for commercial regardless. He stated that Children's Lighthouse searches for properties that are specifically close to elementary schools. He believes the daycare will help with the tax base of the City. He also noted that they have a traffic study that was approved by the City that states at peak hours the contribution will be minimal. He stated that the other commercial use next to the daycare doesn't make sense until Anna is built out more. The engineer of the applicant, Anna Blackwell then came to speak and stated that the traffic study was done in April 2018 and approved by the city. She explained that the studies are prepared for existing conditions and for build out conditions. That this study was prepared for the buildout conditions up to 2023 taking in to account the zoning and land use maps and also the future development of Anna Ranch and the Middle School. She stated that in 2018 the study shows that there were 369 cars in the morning peak and 113 in the afternoon and after buildout in 2023 there will be 555 in the morning peak and 179 in the afternoon. She stated that a typical Children's lighthouse has 25 vehicles in the morning peak and 25 in the evening. She mentioned that the drop off times are spread out throughout the morning from 6:15 to 9:00 am. Pick-up times at the daycare will start at 3:15 pm, when the Elementary School gets out. She stated that only 6.3% of traffic in the morning and 18.1 % in the afternoon, per 2018 numbers, will be from the Children's Lighthouse traffic. Once it is built out, she stated it will be 4.3% of morning traffic and 12.3% n the afternoon. B) Consider/Discuss/Action on a recommendation regarding the Concept Plan for Children's Lighthouse Addition, Block 1, Lots 1 & 2. Applicant: Carrillo Engineering, LLC A motion was made by Commissioner Callaham to table the item until the December meeting since the Commission did not feel the agenda allowed them to vote on the zoning, so therefore could not vote on the Concept plan. Commissioner Tutson seconded the motion to table the item and it passed unanimously. It was then noted to citizens that the item will no longer be on the City Council meeting agenda in November, but that this item will be on the December Planning and Zoning agenda and then hopefully on the Council meeting following that on Dec 10th. Commissioner Henke made a comment that they have seen previous items in this area that differ from the look of the subdivision that have been turned down and therefore believes the questions and concerns about the building fagade are valid. He believes they should follow the same criteria and standards for the homes and not allow a large lighthouse on the top. He asked if Staff could check with the City Attorney to see if they can control the elevations of the building within the zoning request. 8. Consider action to approve minutes of the September 9, 2019 Planning and Zoning meeting. A motion was made by Commissioner Henke to approve the minutes, seconded by Commissioner Callaham. The vote was unanimous. 9. Consider action to approve minutes of the October 7, 2019 Planning and Zoning meeting. A motion was made by Commissioner Voss to approve the minutes, seconded by Commissioner Henke. The vote was unanimous. P & Z Minutes 11-04-19 Page 5 of 6 11-04-19 10. Adjourn A motion was made by Commissioner Callaham, seconded by Commissioner Ussery to adjourn the meeting. The vote was unanimous. The meeting adjourned at 8:46 pm. /// Alonzo utson Planning and Zoning Commission Chairman ATTEST: P & Z Minutes 11-04-19 Page 6 of 6 11-04-19 THE CITY OF AiAtia AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 12/10/2019 Approve an Ordinance providing for the adoption of the Expressvote Universal Voting System. (City Secretary Carrie Smith) SUMMARY: On August 26, 2019, the Commissioner's Court of Collin County, Texas formally adopted the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, ExpressTouch curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner. This voting equipment will be used for Early Voting in Person, Early Voting by Mail, Election Day Voting and Provisional Voting in all future elections held in Collin County. As an entity within Collin County, we will also need to adopt the above -mentioned system for voting if we have plans to contract with Collin County at any time in the future. Strategic Connection This item supports the City of Anna Strategic Plan, specifically, advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: The City Secretary recommends approval of an ordinance adopting the Expressvote Universal Voting System. ATTACHMENTS: Description Ordinance Court Order SOS Advisory Upload Date Type 11/26/2019 Ordinance 11 /19/2019 Backup Material 11 /19/2019 Backup Material CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES CHAPTER 2, BY ADDING A NEW ARTICLE 2.09 (ELECTIONS) AND SECTION 2.09.001 (VOTING SYSTEM), PROVIDING FOR THE ADOPTION OF THE EXPRESSVOTE UNIVERSAL VOTING SYSTEM FOR EARLY VOTING IN PERSON, EARLY VOTING BY MAIL, ELECTION DAY VOTING, AND PROVISIONAL VOTING IN ALL FUTURE ELECTIONS; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on January 28, 2019, the Collin County Commissioners Court voted unanimously to award RFP No. 2018-241 for the new voting systems to Election Systems and Software; and WHEREAS, the Texas Secretary of State has officially approved the contract between Collin County and ES&S for the purchase of the ExpressVote Universal Voting System; and WHEREAS, the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marketing device, ExpressTough curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner have been certified by both the Texas Secretary of State and the United States Election Assistance Commission; and WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to adopt the ExpressVote Universal Voting System adopted by the Collin County Commissioners Court in order to facilitate the City's contracts with Collin County in conducting elections; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Adoption of ExpressVote Universal Voting System. The City hereby adopts the ExpressVote Universal Voting System adopted by the Collin County Commissioners Court as set forth herein. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 3 Section 3. Amendment to Chapter 2 of the Anna Code. In accordance with Chapter 1, Article 1.01, Section 1.01.007 of the Anna City Code of Ordinances, this ordinance amends Chapter 2, by adding the following Article 2.09 and Sec. 2.09.001 as follows: Chapter 2 Administration and Personnel [ ... ] Article 2.09 Elections Sec. 2.09.001 Voting System For the purposes of this Article, the City has adopted the ExpressVote Universal Voting System consisting of Electionware election management software, ExpressVote Ballot marking device, ExpressTouch curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner. This voting equipment will be used for Early Voting in Person, Early Voting by Mail, Election Day Voting, and Provisional Voting in all future elections held in the City of Anna. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 3 PASSED by the City Council of the City of Anna, Texas, this day of , 2020. ATTESTED: City Secretary, Carrie L. Smith APPROVED: Mayor, Nate Pike CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 3 State of Texas Collin County Commissioners Court 0 Court Order 2019-697-08-26 An order of the Commissioners Court adopting the ExpressVote Universal Voting System for Early Voting in Person, Early Voting by Mail, Election Day Voting, and Provisional Voting in all future elections held in Collin County. Whereas, on January 28, 2019, the Collin County Commissioners Court voted unanimously to award RFP No. 2018-241 for the new voting systems to Election Systems and Software; and Whereas, the Texas Secretary of State has officially approved the contract between Collin County and ES&S for the purchase of the ExpressVote Universal Voting System; and Whereas, the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, ExpressTough curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner have been certified by both the Texas Secretary of State and the United States Election Assistance Commission; Now, therefore, be it resolved that the Commissioners Court of Collin County adopts the ExpressVote Universal Voting System consisting of Electionware election management software, ExpressVote ballot marking device, ExpressTouch curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner. This voting equipment will be used for Early Voting in Person, Early Voting by Mail, Election Day Voting, and Provisional Voting in all future elections held in Collin County. Passed and approved this 26`h day of August, 2019. Chris Hill, County Judge Susan Fletcher, Commissioner, Pct 1 C. -el Cheryl W lams, Commissioner, Pct 2 r l t Darrell Hale, Commissioner, Pct 3 A-�- Xurnn Webb, Commissioner, Pct 4 AT ST: Stacey Kemp, County Clerk Electronic Voting System Procedures Advisory Page 1 of 19 Note - Navigational menus along with other non -content related elements have been removed for your convenience. Thank you for visiting us online. Election Advisory No. 2018-34 To: County Elections Officers (County Clerks/Elections Administrators/Tax Assessors -Collectors) From: Keith Ingram, Director of Elections Date: October 15, 2018 RE: Electronic Voting System Procedures Advisory The purpose of this advisory is to provide an explanation of various voting systems provisions in the Texas Election Code and Texas Administrative Code and to prescribe additional procedures for voting systems in accordance with Section 122.001(c) of the Texas Election Code. Each section is outlined below, and followed by the glossary of terms for voting systems. Section 1 — Acquiring a Voting System Section 2 — Adopting a Voting System Section 3 — Acceptance Testing Section 4 — Election Set-up and Definition Section 5 — Voting System Testing Section 6 — Polling Place Preparation and Procedures Section 7 — Central Accumulation Procedures Section 8 — Post Election Audits Section 9 — Voting System Security Section 10 —Automatic Recount, if applicable Section 11 — Requested Recount, if applicable Section 12 — Retention of Election Material Section 1 — Acquiring a Voting System JEC Chapter 123, Subchapter B) A contract for the acquisition of a voting system must be (1) in writing, and (2) approved by the Secretary of State. This approval is required to ensure that the voting system being acquired complies with applicable state requirements. The authority acquiring the equipment is required to submit to the Secretary of State a letter requesting approval of the acquisition of the voting system along with a copy of the relevant portions of the acquisition contract. The Secretary of State only needs the relevant portion of the contract that contains the information identifying the versions of the voting system and voting system equipment. If a contract is approved, the Secretary of State will provide to the parties of the contract: https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 2 of 19 1. A letter stating that the voting system and voting system equipment being acquired satisfy the applicable approval requirements, and 2. A certified copy of the written order issued by the Secretary of State approving the voting system and voting system equipment Any contract not approved by the Secretary of State is void. If a contract is not approved, the Secretary of State shall provide notice to the parties of the contract of the reasons that the contract was not approved. Executing a voting system equipment contract without the approval of the Secretary of State constitutes a Class B Misdemeanor. Section 2 — Adopting a Voting System (TEC Chapter 123, Subchapter A) A voting system must be adopted for use in any one or more elections by resolution, order or other official action. The adoption of a voting system may be modified or rescinded at any time. Additionally, the authority adopting the system should indicate in their official adoption action whether they are adopting the system for use in early voting only, regular voting on election day or both. The general custodian of election records is required to make any user or operator manuals or instructions relating to the system available for public inspection. Adoption of a Voting System occurs by the following authorities: 1. General Election for State and County Officers: Commissioners Court 2. Primary Elections: County Executive of Party holding the primary 3. All Other Elections a. The Commissioners Court, if ordered by the governor or a county authority, b. The Governing Body of the Political Subdivision served by the authority ordering the election. Section 3 - Acceptance Testing (Texas Election Code (TEC Chapter 129.021) If your entity has purchased or leased new voting system equipment from a vendor, the entity is required to perform Acceptance Testing immediately upon taking delivery from a vendor of a new system or new equipment components. As part of the Acceptance Testing, the entity is required to do the following: 1. Verify that the system delivered is certified by the Texas Secretary of State. a. To verify the system, the entity must compare the following to the certification order: i. Model number and/or name of system. ii. Software and/or firmware version. 2. Perform the following tests: a. Hardware Diagnostic Test provided by 129.022(b), and b. Logic and Accuracy (L&A) Test as provided by 129.023. 3. The entity MUST complete a system validation. Your vendor should provide you with specific instructions on how to validate that software that is being installed and used on your voting system is the same software that was certified by the EAC. Section 4 - Election Set-up and Definition (TEC, § 125) Prior to each election, there are a number of things you must do to properly configure your election systems. This section provides guidance on the pre -election actions you must take to prepare for an election. 1. Setting up Equipment: https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 3 of 19 a. In order to prepare for an election you will need to program and configure the following equipment that is used in your jurisdiction, if applicable: i. Election management system software, ii. Electronic ballot marking devices, iii. Direct recording electronic (DRE) voting machines, iv. Precinct scanner, v. Central Scanners, vi. Electronic pollbooks (e-pollbooks) b. Establishing passwords and users -- As part of the set-up you should also: i. Set different passwords for each election on your Election Management System and on your voting system equipment, as applicable. ii. Set up different authorized users for the software, as applicable. 1. The number of users that have access to your election management system should be limited. 2. The names and access levels must be documented, tracked and preserved for the duration of your entity's use of your electronic voting system. 2. Programming or Coding your Voting System Ballot a. Ballot Programming may be completed in one of the following ways. i. Programming by Authority that Owns or Adopts a Voting System 1. Programming or coding should be conducted in a secured location (129.051). 2. Programming or coding should be completed with two individuals present, if available. This is to ensure that there is a witness to all actions taken with respect to the ballot. 3. Poll watchers are not permitted to be present for this process. 4. After the programming or coding is completed, you must store the electronic media or voting system equipment in a secure location and/or in the presence of an election official (129.051 (b) and (c)). 5. Chain of Custody must be verified at each step of the process. ii. Programming by Vendor 1. If programming or coding is completed by vendor, you MUST track chain of custody of the electronic media throughout the entire process. 2. If media is transferred between the entity and vendor via courier or common or contract carrier, there MUST be a tracking mechanism in place for the transport process. 3. Upon receipt of the coded media, the entity must verify chain of custody for the transport process, AND the entity must verify chain of custody with the vendor. To verify chain of custody with vendor, you must have a document or tracking sheet signed by the last person to handle the media before it was deposited in the mail or handed to a courier. 4. Upon taking delivery of media and verifying chain of custody, the coded media must be stored in a secure location or in the presence of an election official (129.051 (b) and (c)). 3. Proofing the Programming a. After programming, you will need to proof the programming of your election for accuracy, and proofing shall include, but not be limited to, the following: i. Verifying races within each precinct; ii. Verifying precincts included in each ballot style; iii. Verifying candidates associated in each race; iv. Verifying party affiliation with candidates, if applicable; v. Checking for all contests on ballot and verify that candidate/proposition spelling is correct; vi. Checking contest order; vii. Verifying the correct number of votes allowed for each race; https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 4 of 19 viii. Verifying that write-in positions are correct, if applicable; ix. If available, verifying the audio ballot; and x. Verifying straight -party associations to appropriate candidates in applicable elections. A (e-pollbooks) Verifying that the election was set up correctly, and that voters are assigned to the correct precinct/ballot style. 4. Back -Up Programming: a. As part of your recovery plan, you will need to back-up your election programming at various stages of the election definition process. i. At a minimum, as soon as you finish the programming of your election and it's been locked down, create a back-up copy for storage at a secure off -site location. ii. If another entity does your programming, keep your own back-up copy at a secure off -site location that is in your control, not the programming entity's control. 5. Security and Record Retention: a. The election setup materials shall be secured by limiting access to the person or persons so authorized in writing by the county clerk and/or election official. b. Any audit logs and ballot definition files created shall be included with retention material for that election as outlined in Retention of Election Materials in Section 12. Section 5 - Voting System Testing (TEC, Chapters 125,127 and 129) Three types of voting system testing shall be performed for each election within a jurisdiction. The three tests are: a. Hardware Diagnostic Test, b. Logic and Accuracy (L&A) Test/Testing of Tabulation Equipment, and c. Post -Election Audit (Partial Manual Count). Hardware Diagnostic Test (TEC § 129.022): a. The general custodian of election records shall commence the Hardware Diagnostic Test prior to the election and allow time for each electronic voting device to be deployed, tested, repaired and/or replaced, if necessary. Each device shall be tested to verify that mechanical components are working correctly. This test shall include, but not be limited to, the following: i. All input and output devices; ii. Communications ports; iii. System printers; iv. System screen displays; v. Boot performance and initializations; vi. Firmware and/or software loads; vii. Confirmation that screen displays are functioning; viii. Verify and adjust to correct date and time, if necessary; ix. Verify and adjust calibration, if applicable; x. Confirm that the unit is cleared of votes; A. Confirm that it is configured for the current election; and xii. Confirm that physical security devices are in working order (locks, seals, etc.) 2. Logic and Accuracy (L&A) Test/Test of Tabulation Equipment (TEC, § 129.023 and subchapter D, Chapter 127) a. The designated general custodian of election records shall conduct both a Logic and Accuracy Test and a Test of the Tabulation Equipment. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 5 of 19 b. Logic and Accuracy Test: Prior to the commencement of voting and no later than 48 hours before voting begins on the equipment, the designated general custodian of election records shall conduct the public Logic and Accuracy Test. NOTE: The Secretary of State (SOS) recommends conducting testing prior to mailing out mail ballots to ensure there are no issues with how the ballot has been coded. c. Testing Board: The designated general custodian of election records shall create a Testing Board consisting of at least two persons. The general custodian of election records shall make every reasonable effort to ensure that the testing board consists of at least one person from each political party that holds a primary election. (129.023(a). d. Notice Requirement: A public notice must be published at least 48 hours prior to the testing. This notice must be published in the same paper you publish your election notice. The public Logic and Accuracy Test shall be open to representatives of the press and the public. (129.023(b)). e. Internal L&A Test: An internal L&A test should be done soon after the programming and proofing of your election is complete. This will provide you time to make corrections as necessary and be better prepared for the public L&A test. f. Test Ballots — In preparation for the Logic and Accuracy Test, the designated general custodian of election records shall design a method which directs the Testing Board to cast votes which will verify that each precinct, ballot style, and contest position on the ballot can be voted and is accurately counted. i. This can be done by marking test ballots or providing the Testing Board with some other form identifying how each test vote shall be cast. NOTE: The SOS strongly recommends that you devise your own test ballots, rather than using the test deck provided by the vendor. ii. The test ballots for ballots that are read by a scanner must be prepared on the same ballot stock as the official ballots. g. The General Custodian of Election Records shall develop written procedures for the testing. The testing shall include: i. Overvotes and undervotes for each race ii. Write-in votes, when applicable. iii. Straight party votes and crossover votes, as applicable. iv. Electronic processing of provisional votes, if applicable to the system being used (129.023(c)). h. The testing shall be designed in a manner which provides a different number of vote totals for at least three candidates in races with more than two candidates, or each candidate in races with exactly two candidates. i. The predetermined results must be pre -calculated from the test ballots to allow comparison after the votes are tallied. (129.023(c)(10)). i. An appropriate number of voting devices will be available and the Testing Board may witness the necessary programming and/or downloading of memory devices necessary to test the specific precincts. j. Prior to the start of testing, all devices used will have the public counter reset to zero and presented to the testing board for verification. k. Conducting the test: i. Ballot Marking Devices and DREs: 1. Manual vote choices are made by entering the votes indicated on the Test Ballot or designed form as stated above. To help prevent human error, all entries are made by a team of two people. One person calls out the votes and one person enters. Both team members verify the votes on the summary screen before the ballot is cast or printed. 2. To test the audio, at a minimum, one set of vote choices will be entered using the audio feature. Both team members listen to the summary prior to casting or printing the ballot. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 6 of 19 ii. Ballot Marking Devices: Verify that the printed ballot reflects the choices entered on the Ballot Marking Device. Also, if applicable, process the marked ballots with the scanning equipment (precinct ballot scanner or central scanner). iii. Scanner Based Systems (Precinct or Central Scanners) Scanning Equipment must be tested as prescribed in Chapter 127, Subchapters D and F. Pursuant to Section 127.094(e) the design of the test ballots must also include the design in subsection (f) above. iv. Accessibility Testing: For each feature of the system that allows disabled voters to cast a ballot, at least one vote must be cast and verified by a two -person testing board team using that feature; this includes, but is not limited to all audio functions, large font functionality, and sip -and -puff functionality. As a reminder, all components should be checked during the Hardware Diagnostic Test as well. I. Other Testing Measures: i. Modeming From Regional Substations: If you transmit results via modeming from regional central counting stations to the main central counting station, test the transmission of results by modem, if applicable. m. Finalizing L&A Test: i. When all votes are cast, the designated general custodian of election records and Testing Board shall observe the tabulation of all test ballots and compare the results to the predetermined results. ii. A test is successful if the results report of the electronic voting system matches the predetermined results. The voting system should otherwise function properly during the counting of the test ballots. iii. If the initial test is unsuccessful, the general custodian of election records shall prepare a written record of what caused the discrepancy and what actions have been taken to achieve a successful test. The record shall be retained with the test materials. n. Verification: The Testing Board and the general custodian of election records shall: i. Sign a written statement attesting to the qualification of each device that was successfully tested, any problems discovered, and the cause of any problem if it can be identified, and ii. Provide any other documentation as necessary to provide a full and accurate account of the condition of a given device. We recommend that the number/characters of the seal attached to the voting device at the end of the test should be included in the written statement. 1. The SOS has issued form AW 6-2, Certification of First Test of Automated Tabulating Equipment (PDF), for this purpose. o. Record Retention: i. Upon completion of the testing, the Testing Board shall witness and document all steps taken to reset, seal, and secure any equipment or test materials, as appropriate; and the general custodian of election records shall preserve a copy of the programming data used during the testing at a secure location that is outside the administrator's and programming entity's control for the duration of the preservation period related to that election day. ii. All test materials, when not in use, shall be kept in a container with a uniquely identified tamper - resistant or tamper -evident seal. The general custodian of election records and at least two members of the Testing Board shall sign the seal. (129.024). 1. The designated general custodian of election records shall be the custodian of the container. 2. The container may not be unsealed unless the contents are necessary to conduct a test under Chapter 129, Subchapter B or a criminal investigation, election contest, or other official proceeding under the Election Code. If the container is unsealed, the general custodian of election records shall reseal the contents when not in use. (129.024(c)). 3. The test materials shall remain sealed for the period for preserving the precinct election records. (129.024(b)). https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 7 of 19 p. Test of Tabulation Equipment: The tabulation supervisor and counting station manager of the central counting station shall prepare and test the central accumulator system three times as required by Chapter 127, Subchapter D Times for Conducting Test. The test shall be conducted as part of the Logic and Accuracy testing explained above. i. Design of Test: 1. The test must be designed to determine whether the central accumulator system accurately tabulates results from the electronic files used to count ballots voted in the election. 2. The electronic files created from the Logic and Accuracy testing for the election must be used in the process of this test. ii. Conduct of Test One: 1. The general custodian of election records shall publish notice of the date, hour, and place of the first test conducted under 127.093(b) in a newspaper, as provided by general law for official publications by political subdivisions, at least 48 hours before the date of the test. (This is the same notice as your public L&A test.) 2. Internal Test: SOS Recommendation - An internal Test of the Tabulation Equipment should be done soon after the programming and proofing of your election is complete. This will provide you time to make corrections as necessary and be better prepared for the public test. 3. The first test is open to the public. 4. Verify that your system has been reset to zero and print out a zero report prior to performing the test. 5. If the initial test is unsuccessful, the counting station manager shall prepare a written record of what caused the discrepancy and what actions have been taken to achieve a successful test. The record shall be retained with the test materials. 6. When a test is successful, the tabulation supervisor and counting station manager shall certify in writing that a test was successful and the date and hour the test was completed. The certification shall be retained with the test materials. iii. Determining Success of Tabulation Test: A test is successful if a perfect count of the electronic files, that contain the cast vote records (ballot images) and/or device results, is obtained and the central accumulator system otherwise functions properly during the counting of the test electronic files. iv. Security of Test Materials: On completion of the test, the counting station manager or tabulation supervisor shall place the test electronic files, or a copy of the test electronic files, and other test materials in a container provided for that purpose and seal the container so it cannot be opened without breaking the seal. The counting station manager and tabulation supervisor, and not more than two watchers, if one or more watchers are present, shall sign the seal or seal log, as applicable. The watchers must be of opposing interests, when possible. v. Custody of Test Materials: The counting station manager is the custodian of the test materials until they are delivered to the general custodian of election records. vi. Requirements for Test Two of Tabulation Equipment: 1. The second test shall be conducted immediately before the counting of ballots or accumulation of vote totals begins on the equipment. 2. The Central Counting Station (CCS) Manager and the Presiding Judge shall verify that the seal is intact on the secure container with the test materials. 3. After verification, the CCS Manager and the Presiding Judge shall break the seal and remove test materials. 4. The test materials used for Test One shall be reused for Test Two. If the results from Test Two match the results from Test One, it will be considered a successful test. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 8 of 19 5. If the test is successful, the Presiding Judge shall certify in writing that a test was successful and the date and hour the test was completed. This certification shall be retained with the test materials. (127.097) 6. The test materials shall be stored in a secure container until Test Three is performed. vii. Requirements for Test Three of Tabulation Equipment. 1. The Third Test shall be conducted after the counting of ballots or accumulation of vote totals has been completed. 2. The Central Counting Station Manager and the Presiding Judge shall verify that the seal is intact on the secure container with the test materials. 3. After verification, the CCS Manager and the Presiding Judge shall break the seal and remove test materials. 4. The test materials used for Test One and Test Two shall be reused for Test Three. If the results from Test Two match the results from Test One, it will be considered a successful test. 5. If the test is successful, the Presiding Judge shall certify in writing that a test was successful and the date and hour the test was completed. This certification shall be retained with the test materials. (127.097) 6. Unsuccessful Test Three; a. If the test is unsuccessful, the ballot count is void, and the testing authority shall prepare a written record of what caused the discrepancy and shall repeat the test. If the test is successful, the testing authority must document what actions have been taken to achieve a successful test. The record shall be retained with the test materials. b. If the testing authority is unable to achieve a successful test, the ballot count is void and the ballots must be counted manually, if applicable or with an alternative type of tabulating equipment viii. Precinct Ballot Counters and DREs: 1. The Secretary of State has determined that it is not feasible to conduct the 2nd and 3rd test of the Tabulation Equipment on precinct ballot scanners and on DRE as described in 127.152(b). However you are still required to conduct to the test on any central accumulator used to accumulate your election media and/or generate election results. Section 6 - Polling Place Preparation and Procedures The following procedures should be taken at the polling place: 1. General Procedures i. Arrange the polling place to allow full view by presiding judge and election clerks of voting and voter activity to guard against unauthorized access while protecting voter privacy. ii. The voting equipment must be in sight of the presiding election judge and/or an election clerk at all times while the election is being conducted. iii. The election official shall periodically check for evidence of tampering on voting equipment during the election. For example, make sure the uniquely identified tamper -resistant or tamper -evident seal is still intact. (TEC § 125.005). iv. Restrict/monitor physical access to equipment when the presiding election judge and election clerks are not present. v. Equipment Failure During Voting: i. Procedures and plans shall be written for handling election day equipment failure, including backup and contingency plans. (See TEC § 125.006 for further details). https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 9 of 19 ii. If a DRE malfunctions during voting and there have been votes cast on that machine, extra precaution should be taken to protect the cast vote records (ballot images) and audit logs stored on that DRE. Secure the equipment and document the chain of custody when transporting the equipment to another location. (TEC § 125.006). vi. Fleeing Voter: i. When a voter begins the process of making ballot selections but leaves without casting a vote on a DRE, a polling place official must cancel the electronic ballot and document the cancellation. ii. When a voter leaves without fully depositing their paper ballot into the optical/digital scanner or ballot box, this ballot must be treated as a spoiled ballot, and the presiding election judge or an election clerk shall cancel the ballot and document the cancellation. vii. Provisional Voter: i. Provisional votes may be cast electronically on a direct recording electronic voting system only if the system segregates provisional votes from regularly -cast votes on the election day precinct returns. Verify that no conditions are listed on the Secretary of State certification document for your system that would restrict the use of electronic provisional voting. JAC § 81.176). viii. Curbside Voter: i. If the voter is physically unable to enter the polling place without assistance or likelihood of injury to the voter's health, then the voter may vote at the curbside. ii. A presiding election judge or election clerk shall deliver the voting device to the curbside voter. iii. Make sure to allow the curbside voter the same privacy as a voter in the polling place 2. Opening the Polls a. The presiding election judge shall verify and document the unique identifier (e.g., serial number) of the equipment delivered to the polling site. b. Look for evidence of tampering and document the time this was done. c. Verify that the Public Count is "0" on each applicable device. d. Check the accuracy of the date and time on applicable equipment. e. Confirm that all units are open for voting, as applicable; and f. At a minimum, print one zero tape from each applicable device, as follows: i. The presiding election judge, an election clerk, and not more than two watchers, if one or more watchers are present, shall sign the zero tape. i. Maintain zero tapes in a secure location to be returned with election materials (i.e., Ballot Box #4 or other secure means designated by the general custodian of election records). NOTE: Certain counties participating in the Countywide Polling Place Program that use the Hart eSlate have a modified procedure regarding the printing of zero tapes. Please contact the SOS for a copy of these procedures. 3. Closing the Polls a. Verify and document the public count on applicable devices. b. Verify that the public count(s) match the number of voters that have signed the combination form or checked in for voting through an epollbook. If there is a discrepancy, the presiding judge should attempt to determine the source of the discrepancy and document their investigation. c. After the polls have been closed on election day, the precinct election officials shall print out, at a minimum, three copies * of the results tape from each applicable device, and secure the voting device against further use. (WARNING: Do not print out the results tape during Early Voting; this includes the last day of Early Voting). NOTE: Certain counties that participate in the Countywide Polling Place Program and use the Hart eSlate, have a modified procedure regarding the printing of results tape. Please contact the SOS for a copy of these procedures. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 10 of 19 i. The presiding election judge, an election clerk, and not more than two watchers, if one or more watchers are present, shall sign the results tape(s). ii. The copies of the results tape(s) shall be distributed as follows: 1. Envelope #1 that is delivered to the presiding judge of the canvassing authority; 2. Envelope # 2 that is addressed to the General Custodian; and 3. Ballot Box #3 (or other secure means designated) that is delivered to the general custodian of election records, along with other election media and materials. *NOTE: Some entities may opt to only print two copies of the results tape as two of the three copies are being returned to general custodian. iii. Lock and secure the voting equipment and other election material from any physical access to prepare for transport. d. Central Counting Station: For entities that have established a central counting station for the purpose of counting or accumulating voting system results -- the results tapes that are printed at the polling place are NOT considered the official precinct returns. The official returns will be prepared at the central counting/accumulation station and certified by the presiding judge of the central counting/accumulation station in accordance with Section 127.131 of the Texas Election Code. e. Precinct Scanners: For additional procedures specific to Precinct Ballot Counters, please see Advisory 2017-17 — Updates to Voting System Procedures —Precinct Ballot Counters. 4. Early Voting Procedures. i. Opening the polls procedures above also apply to the 1st day of early voting. ii. Opening the polls on the 2nd thru last day of early voting shall be handled as follows: i. Look for evidence of tampering and document the time this was done; ii. Verify and document that the numbers on the public counter match the number of voters documented on the early voting by personal appearance roster at the close of polls on the previous day; and confirm that all units are open for voting. iii. Suspending and securing the Polls during Early Voting by personal appearance, except for the last day. i. Verify and document that the numbers on the public counter match the number of voters documented on the early voting by personal appearance roster at the close of polls on the previous day; ii. Lock and secure voting equipment, so no additional votes may be cast on the voting equipment; and iii. Restrict physical access to voting equipment. iv. Early Voting: Secure Early Voting location at the end of each day and store the equipment in a secure location to prevent theft or tampering after hours. If early voting clerk is unable to secure voting system equipment at early voting location, the equipment should be returned daily to the early voting clerk's office and redeployed on a daily basis. v. If the early voting device is being moved to another temporary location, the instructions listed in Section 9 of this document should be followed. 5. Closing the polls on the last day of Early Voting: Verify and document that the numbers on the public counter match the number of voters documented on the early voting by personal appearance roster at the close of polls on the previous day and be sure to: i. Look for evidence of tampering and document the time this was done ii. DO NOT PRINT THE RESULTS TAPE (tape will be printed later at the central counting station); and iii. Lock and secure the voting equipment and other election material from any physical access to prepare for transport. Section 7 — Central Accumulation Procedures JEC, Chapter 127) 1. Election Night Verification for Central Accumulation System: https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 11 of 19 a. As the media is loaded into a central accumulator, the election official shall verify that the vote totals on the electronic media match the vote totals on the printed results tape, if applicable. b. After uploading all precinct results to the central accumulator system, the election official must verify and document that the central accumulator's total number of votes cast in an election matches the number of signatures on the combination form. If there is a discrepancy, the presiding judge of the counting station in conjunction with the central counting station manager shall determine if a further audit is necessary. 2. Transferring Results from Secure Computer/Server a. Any time data is transferred to another computer, the transfer may only occur with the following devices: i. Single use DVD/CD, ii. Single use, disposable, removable USB thumb drive, or iii. Re -formatted, multi -use removable USB thumb drive. b. In order to maintain the secure nature of the central accumulator, approved users should only use clean, removable media devices. These device should not have been previously used on any other computers or hardware. If they have been previously used, they must be properly reformatted each and every time they are inserted into the secure, central accumulator. 3. Audit Logs from Central Accumulators: a. All central accumulators certified for use in Texas elections maintain an internal audit log. Some of the legacy systems still maintain a continuous feed audit log printer. These audit logs (both internal and produced by continuous feed printers) are considered election records. They must be maintained with the election records for the proper preservation period. b. A full copy of the central accumulator's audit log must be printed after the tabulation of election results on election night. If an entity is using a continuous feed audit log printer, the attached log will serve as this required printed copy. c. The printed copy of the log must be retained with the election records for the preservation period. d. Poll watcher access to Audit Logs (1 TAC 81.62(g)) i. A poll watcher may request a printed copy of an audit log produced by a central accumulator: 1. Before any votes are tabulated, 2. After early voting results are tabulated, and 3. Immediately following the completion of the vote tabulation ii. Once a request for a report has been made, the central counting station manager or tabulation supervisor is required to print a copy of the audit log at the required time, and make a copy of it available to any and all poll watchers that have requested a copy of the audit log. The CCS manager should NOT remove or tear off the audit log maintained by any continuous feed audit log printer, if one is being used with voting system in use. iii. Poll watchers do not get to specify the format of the audit log produced on election night. The central counting station manager has discretion as to whether to provide a copy of the audit log printed from the internal logs or provide a copy of the audit log produced from the continuous feed audit log printer. 1. If the central counting station manager opts to use the audit log from a continuous feed audit log printer, then the poll watchers will only receive their copy of the log at the end of the night as it is not feasible to provide a copy of the log at the intervals stated above. Tearing the printed audit log to provide a copy to poll watchers would compromise the integrity of the audit log. 4. Central Counting Station Plan (TEC 127.007): The manager of the central counting station is required to establish and implement a written plan for the orderly operation of the central counting station. That plan must be made available to on request not later than 5 p.m. on the fifth day before the date of the election. For details on what should be included in the central counting station plan, please see Advisory 2017-16. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 12 of 19 Section 8 - Post -Election Audit (Partial Manual Count) (TEC, Chapter 127) To ensure the accuracy of the tabulation of electronic voting system results, the general custodian of election records shall conduct a manual count of all the races in at least one percent of the election precincts or in three precincts, whichever is greater, in which the electronic voting system was used. 1. In a general election for state and county officers, primary election, or election on a proposed amendment to the state constitution or other statewide measure submitted by the legislature, the Secretary of State shall notify the election official, on the day after the election, of the selected precincts that must be manually counted. The election official shall begin the manual count within seventy-two (72) hours after the polls close. (127.201(b)). 2. All Other Elections: The custodian shall select the precincts at random and shall begin the count not later than 72 hours after the polls close. The count shall be completed no later than the 21 st day after Election Day. (127.201(a)). Section 127.201(b) supersedes this section to the extent of a conflict. 3. The SOS will send out detailed instructions regard the partial manual count prior to the election it applies to. 4. See Advisory 2018-30 for additional details on the partial annual count. 5. Post -Election Verification for Central Accumulation System: i. To ensure the accuracy of any central accumulation software used to accumulate vote totals from electronic voting systems, the general custodian of election records shall conduct a post -election verification of the same precincts and races selected for the partial manual count either by the general custodian of election records or the Secretary of State, whichever is applicable. ii. The general custodian of election records shall verify that the vote total(s) printed on the results tape from the voting system equipment used at a given precinct or polling place matches the reports generated by the central accumulation software. iii. The general custodian of election records has the discretion to verify a greater number of precincts than specified above. iv. The reconciliation shall consist of a race -by -race comparison of the number of votes reported on the precinct results tape to the central accumulator's unofficial election results report that was generated on election night. v. If there is any discrepancy in the comparison, the results tape from the precinct level shall constitute the official results. vi. Any political subdivision that utilizes modem transfer of election results from sub -stations to the central counting station for the purpose of being combined with other such tabulations to produce complete returns shall establish procedures to reconcile received tabulations to transmitted tabulations in order to determine if any discrepancies exist. NOTE: Modeming results from a polling place location to the central counting station is prohibited under Texas law. Section 9 - Voting System Security 1. Personnel Security (TEC § 129.051(g)): Employees authorized by the county clerk or election official to prepare or maintain the voting system or election setup materials shall be deputized by the county clerk or election official for this specific purpose and so sworn, with the following oath, prior to the first election of the calendar year in which they will be performing one or more of these activities a. "I swear (or affirm) that I will faithfully perform my duty as an officer of the election and guard the purity of the election." (Section 62.003 of TEC) 2. Criminal Background Checks Required (TEC § 129.051(g)): a. In accordance with Section 129.051(g) of the Texas Election code, the General Custodian of election records shall conduct criminal background checks for all election officials, staff and temporary workers who are engaged in pre -election programming, testing and preparing of the voting system equipment for https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 13 of 19 Early Voting and Election Day. This does not include poll workers (election judges and clerks) assigned to work election voting centers or precincts, but does include temporary workers hired to test, store, or service voting equipment. Additionally, this includes all individuals that participate in both pre -election Logic and Accuracy Testing and pre -election testing of the tabulation equipment. b. A person having a criminal record is not automatically disqualified from working with electronic voting equipment. However, the hiring entity should consider the nature of the crime(s) in determining whether to hire or assign voting system duties to an individual with a criminal record. You may wish to consult with your Human Resources Department to develop a policy similar to your governing body's regular employment policy regarding persons with a criminal background. c. If you contract with your vendor to program, test, or perform maintenance on the voting equipment prior to an election, you may wish to require the vendor to certify that a criminal background check has been performed on the necessary employees. We recommend that part of your agreement or contract with the vendor include wording that they (the vendor) have performed that duty. Suggested language to include: i. Company certifies that a criminal background check on all employees, including temporary employees, that may program, test, perform maintenance, transport equipment, or perform technical support on the voting system equipment for name of entity) has been performed. The Company has determined there are no findings that would prevent the employees from performing their assigned duties. d. Criminal background checks conducted through the Texas Department of Public Safety ("DPS") Crime Records Service will provide information on arrests, prosecutions and the disposition of the case for persons arrested for Class B misdemeanor or greater violation of Texas criminal statutes. This is part of the Conviction Database that is extracted from the DPS Computerized Criminal History System ("CCH"). Election custodians will be required to create a secure online account via the DPS website to conduct criminal history checks via CCHS. DPS has requested that each county elections custodian register the county with the user name that fits this formula: "Name of Your County/Elections" (e.g. Upshur County/Elections). e. Elections custodians will be required to sign a User Entity Agreement and a User Acknowledgement Agreement and fax completed documents to DPS. These documents will be presented to you online when you register for an account. Print each document and follow the instructions provided online, but fax the documents instead of mailing them as indicated on the website. When forwarding these documents, include a letter on your county letterhead requesting access to the secured CCHS and stating that the secured system search will be used in accordance with Texas Election Code § 129.051(g). f. It can take up to four (4) weeks to establish an account, but once activated, authorized county personnel will be able to conduct background checks as required by Texas Election Code § 129.051(g). If you need assistance accessing the DPS website, please contact the DPS representatives at 512-424-2474. 3. Pre -Election Security Procedures: a. Unique Identifier: All electronic media (e.g., USB drives, memory cards, compact flash card, PCMCIA card, PEBs, voter card encoders, supervisor cards, and key cards) shall have an external permanent unique identifier (e.g., numbers, letters, or combination of numbers and letters). The identifier can be either etched or printed on a tamper resistant label. (Recommendation: include a barcode on the label, which will make it more efficient to inventory). (TEC § 129.051) b. Inventory: The general custodian of election records shall create and maintain an inventory of all electronic information storage media. c. Chain of Custody of Electronic Media: The general custodian of election records shall create a process and maintain a procedure for tracking the custody of electronic information storage media from their storage location, through election coding, through the election process, to their final post -election disposition and return to storage. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 14 of 19 i. The chain of custody must utilize two or more individuals to perform a check and verification check whenever a transfer of custody takes place. d. Secure Storage of Election Media: The general custodian of election records shall create and maintain a secured location for storing the electronic information storage media when not in use, for coding a medium for an election, for transferring and installing the medium into the voting system equipment, and for storing the voting system equipment once the election parameters are loaded. i. An election information storage medium shall be kept in the presence of an election official or in a secured location once the medium has been coded for an election. ii. For each election, the general custodian of election records or their assigned staff shall seal each election information storage medium in its relevant voting device or container utilizing one or more uniquely identified tamper -resistant or tamper -evident seals. iii. A combined master identification of the voting device equipment, the election information storage medium, and the seal(s) must be created and maintained. iv. For election information storage medium that are device independent (e.g., PEBs, voter card encoders,), these devices should be stored in a secured, sealed container and must also be identified on a master log. e. Chain of Custody of Voting System Equipment: The general custodian of election records shall create a process and maintain a procedure for tracking the custody of the voting device equipment once the equipment is loaded with an election definition. i. The chain of custody must utilize two or more individuals to perform a check and verification check whenever a transfer of custody takes place. f. Recovery Plan: The general custodian of election records shall have in place a recovery plan that is to be followed should there be an indication of a security breach in the accountability and chain of custody procedures. The plan must include notifying the Secretary of State's office immediately. Any indication of a security breach must be confirmed by more than one individual. g. Training Plan: The general custodian of election records shall have a training plan for relevant election officials and staff that addresses these security procedures and the relevant work instructions. 4. Storage and Transport of Voting System Equipment (TEC § 129.052): a. The general custodian of election records shall adopt procedures for securely storing and transporting voting device equipment. This shall include procedures that are to be used at locations outside the direct control of the general custodian of election records, such as overnight storage at a polling location. b. Secure storage must employ the use of uniquely identified tamper -resistant or tamper -evident seals and logs, or other security measures that will detect any unauthorized access. c. For each election, the general custodian of election records shall create and maintain an inventory of these items for each storage location. d. The chain of custody must utilize two or more individuals to perform a check and verification check whenever a transfer of custody takes place or where the voting devices have been left unattended for any length of time. Particular attention must be given to the integrity of the tamper -resistant or tamper -evident seals. e. The general custodian of election records shall have a method of recording the names of the individuals who transport the voting system equipment and materials from one site to another and the time they left the sending site; and f. A method of recording the time the equipment transporters arrived at the receiving site and the name of the individual(s) at the receiving site who accepted the election equipment and material. 5. Restrict Access to Voting Systems (TEC § 129.053) a. The general custodian of election records shall secure access control keys or passwords to voting system equipment. Use of access control keys or passwords must be witnessed by one or more individuals https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 15 of 19 authorized to use that information. The use of an access control key or password must be documented and witnessed in a log dedicated for that purpose that is retained until the political subdivision disposes of the equipment. b. The general custodian of election records must maintain these access control keys/passwords in a secured and controlled environment. c. The general custodian must utilize a form, letter or a list to document and indicate the following: i. List of individuals that are given an access control key or password (based on duties, positions), ii. What privileges they are given, iii. When and where these privileges can be used, and iv. An indication that the granting of access came from the general custodian of election records. d. If an individual leaves, changes roles, or positions or no longer requires access, the documentation that granted access to the individual needs to be updated and amended to remove the person's eligibility. Any keys distributed should be collected and passwords should be changed as applicable. e. Changes to the encryption keys and passwords are at the discretion of the general custodian of election records, but it is advisable that this discretionary authority should not be delegated. However, the individuals(s) that implement the change must have this "authorization to change" responsibility delineated within their position descriptions(s). (Note the distinction relative to describing who may authorize a change, who implements a change, and who has access but cannot change the passwords and encryption keys.) i. Where appropriate, the degree of access should be defined within each relevant position description and maintained at that level within the election management system and/or equipment. This applies where a voting system can limit an individual's access to certain menus, software modules, etc. f. An access log should be developed and utilized to document access to any device, election media, or election management system that requires the use of a password and/or encryption tool. If possible, access should be witnessed by one or more individuals authorized to use such information. i. The log should be retained throughout the life of the device or election management system. ii. The general custodian of election records shall ensure the protection of the election tabulation process by securing the premises where the vote tabulation is being conducted and not allowing unauthorized and unescorted personnel to be in contact with tabulation equipment. iii. The general custodian of election records shall have a training plan for relevant election officials, and staff that address these security procedures and the relevant work instructions. 6. Prohibit the Use of Network Connections and Restrictions on Wireless Technology (TEC § 129.054): a. No voting system shall be connected to any exterior communications network, including a connection to the Internet. b. A voting system may not have the capability of permitting wireless communication unless the system uses line -of -sight infrared technology that shields the transmitter and receiver from external infrared transmissions and the system can only accept transmissions generated by the system. 7. Restrict Usage of Voting System Computers (TEC § 129.055): a. All voting system computer(s)/server(s) shall be restricted to the sole purpose of election administration, and not used for other purposes. b. Only the applicable operating system, commercial off -the -shelf software (COTS) needed for the election process, and the certified voting software shall be loaded on a voting system computer/server. c. Remote Access to a voting system computer/server is not allowed. 8. Plan for Machine Failure (TEC § 129.056): a. The general custodian of election records shall create a contingency plan for addressing direct recording electronic voting machine failure. This plan must include timely notification to the Secretary of State's office. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 16 of 19 b. The plan should address the creation of emergency ballots, ballot boxes, transportation of voted ballots to the custodian of election records, and securing of DREs. Section 10 — Automatic Recounts (if necessary) (TEC, Chapter 216) 1. An automatic recount must be conducted in an election requiring a plurality vote when two or more candidates for the same office tie for the number of votes required to be elected, unless the tying candidates cast lots to resolve the tie or one of them decides to withdraw. 2. An automatic recount must also be conducted in an election requiring a majority vote if more than two candidates tie for the highest number of votes or if two or more candidates tie for the second highest number of votes to determine who will be the runoff candidates before resorting to casting lots in order to resolve the tie. 3. An automatic recount must be held if the candidates in a runoff election tie before the tying candidates can cast lots to determine the winner. 4. The method of counting votes in an automatic recount is the same method of counting used in the election that resulted in the tie vote. 5. In order to initiate an automatic recount, the presiding officer of the canvassing authority shall request the recount in writing in the same manner as a recount petitioner, except that no deposit is filed with the request, and the cost of the recount is covered by the political subdivision. Section 11 — Requested Recounts (if necessary) Requested Recount on DRE Voting Systems (Pursuant to TEC § 214.071): a. The candidate requesting a recount may request that the recount be done electronically or manually. b. For an electronic recount, the persons specifically permitted by law to be present at the recount are also authorized to be present as the election media are reloaded into the central accumulator system. c. For a manual recount of a DRE election, the Recount Coordinator shall organize the printing of cast vote records (ballot images) for the affected race or issue. i. The Recount Coordinator shall notify the parties in the recount of the date, place, and time the printing of cast vote records (ballot images) will take place. ii. The full recount committee is not required to be present at the printing of cast vote records (ballot images) and the Recount Chair shall determine how many members should be present. The persons specifically permitted by law to be present at the recount are entitled to be present as the cast vote records (ballot images) are printed and to have the same number of representatives as allowed for the recount. iii. If the manual recount does not take place immediately after the printing of the cast vote records (ballot images), the printed cast vote records (ballot images) shall be locked and secured until the recount takes place. iv. A manual count of the printed cast vote records (ballot images) shall be conducted in the same manner as a recount of hand -counted paper ballots. v. After the recount is complete, the printed cast vote records (ballot images) shall be secured and preserved for the appropriate preservation period for maintaining election records. 2. Requested Recount on Optical Scan Voting Systems (See TEC, Chapter 214, Subchapter C) Section 12 — Retention of Election Materials 1. Records created as part of an election must be retained for twenty-two months. In addition to the instructions provided in TEC § 66.058, electronic records shall be secured in a locked container sealed with one or more uniquely identified tamper -resistant or tamper -evident seals that is logged. This includes, but is not limited to the following: https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 17 of 19 a. Logic and Accuracy Test and results; b. Printed audits (Real-time audit log); c. Forms; d. Zero tapes; e. Results tapes; and f. Electronic Records: 1. Ballot definitions; 2. Cast vote records (ballot images), as applicable; 3. Audit logs; and 4. Election results. 2. The electronic files can be duplicated to another storage medium (ex. External hard drive, USB drive, CD, or DVD) to meet the retention requirement and allow for the external memory store to be reused in the next election. Whatever medium you choose, you must ensure that you will have the hardware and/or software needed to read the data from the medium at a later date, if necessary. 3. A minimum of two duplicates of the electronic data must be retained, labeled and stored in a secure manner where any opening could be detected, and each placed in a different locked area with restricted access. 4. A precinct ballot scanner used in early voting may be deployed for use on Election Day only if the system provides the capability to retain a copy of the audit log(s) showing the activity during early voting. 5. The scanner system must provide the capability to view and print the audit log(s) as needed to retain the records listed above. 6. A DRE used in early voting may not be re -deployed for use on Election Day. 7. Electronic data on a DRE, a DRE component and any external memory storage device used in conjunction with a DRE shall not be cleared until a backup of the electronic records has been performed. Also, the electronic data on a DRE and any external memory store shall be preserved for 10 days after Election Day unless the DRE is required for another election before that time expires. If you need to use the equipment before the 10 day wait period has expired, you will need to seek a written waiver from the Secretary of State's office. If a written waiver has been issued, the results shall be preserved until the local canvass of the returns containing the election results from the DRE is complete and a backup of the electronic records has been done. Please email electionsCaDsos.texas.gov to request your waiver. 8. A DRE shall remain secure if, before the security period prescribed above expires, the DRE's custodian receives a request to maintain security of the DRE for an extended period. This request must be in writing and signed by: (1) a person eligible to contest the election or obtain a recount; or (2) a public authority authorized to conduct a criminal investigation involving use of the DRE in the election or a person designated by the public authority to make the request. 9. For detailed instruction on how to back up your election records with your specific version of your vendor' hardware and software, please contact your vendor for assistance. Glossary Term Definition Audit Logs Recorded information that allows election officials to view the steps that occurred on the equipment included in an election to verify or reconstruct the steps followed without compromising the ballot or voter secrecy. Ballot Image Electronically produced record of all votes cast by a single voter. Also known as a Cast Vote Record (CVR). https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 18 of 19 Cast Vote Permanent record of all votes produced by a single voter whether in Record (CVR) electronic or paper copy form. Used for counting votes. Also referred to as ballot image when used to refer to electronic ballots. Central Part of an Election Management System that tabulates and/or Accumulator consolidates the vote totals for multiple precincts/devices. System Commercial Off- Commercial, readily available hardware devices (which may be electrical, The -Shelf electronic, mechanical, etc.; such as card readers, printers, or personal (COTS) computers) or software products (such as operating systems, programming language compilers, database management systems, subsystems, components; software, etc.). Data Storage A device for storing data. It usually refers to permanent (non-volatile) Device storage, that is, the data will remain stored when power is removed from the device; unlike semiconductor RAM. Recording can be done mechanically, magnetically, or o tp ically. Direct Recording Voting system that records votes by means of a ballot display provided Electronic (DRE) with mechanical or electro-optical components that can be actuated by the voter, that processes the data by means of a computer program, and that records voting data and cast vote records in internal and/or external memory components. It produces a tabulation of the voting data stored in a removable memory component and/or imprinted copy. Election Set of processing functions and databases within a voting system that Management define, develop and maintain election databases, perform election System definition and setup functions, format ballots, count votes, consolidate and report results, and maintain audit trails. Firmware Computer programs (software) stored in read-only memory (ROM) devices embedded in the system and not capable of being altered during system operation. Logic and Testing of the tabulator setups of a new election definition to ensure that Accuracy Test the content correctly reflects the election being held (i.e., contests, candidates, number to be elected, ballot styles, etc.) and that all voting positions can be voted for the maximum number of eligible candidates and that results are accurately tabulated and reported. https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 Electronic Voting System Procedures Advisory Page 19 of 19 PCMCIA Personal Computer Memory Card International Association — a portable computer card. Public Counter Counter in a voting device that counts the votes cast in a single election. Results Tape A Results Tape is the tape that is printed when the polls close. It is called a Results Tape since all contests and propositions are listed and have the resulting votes next to each name or question. Voting Device Any apparatus by which votes are registered electronically. Voting System The integrated mechanical, electromechanical, or electronic equipment and software required to program, control, and support the equipment that is used to define ballots; to cast and count votes; to report and/or display election results; and to maintain and produce all audit log information. Zero Tape A Zero Tape is the tape that is printed when the voting machine is first set up at the polls. It is called a Zero Tape since all contests or propositions should have zero votes next to each name or question. I:4K61_1 https://www.sos.state.tx.us/elections/laws/advisory20l 8-34.shtml 11/7/2019 THE CITY OF Aifttia AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 12/10/2019 Approve an Ordinance establishing rules and regulations for off leash areas, ("Paw Parks") in the City of Anna. (Managing Director of Community Services Ashley Stathatos) SUMMARY: Natural Springs Paw Park is set to have their grand opening and ribbon cutting on December 14, 2019. Currently, there are no rules or regulations in place to provide for off -leash areas in Anna. As such, this Ordinance will establish the required rules, regulations, and exceptions required to provide for this need. The rules and regulations for off -leash areas apply to dogs and their owners. Off -leash areas are defined as the confines of a fenced recreation area that is owned and operated by the City of Anna and designated as an area for off -leash canines to exercise and play in a controlled environment under the supervision, possession or control of their owner(s). Dogs are required to be healthy and vaccinated. Aggressive dogs are not permitted in the paw park. Owners are responsible for their dogs, and must supervise and clean up after them. Law enforcement officers and animal control officers are authorized to enforce the rules and regulations of this Ordinance. The Parks Advisory Board voted to approve the dog park rules and regulations at their November 18, 2019 meeting. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — A Great Place to Live STAFF RECOMMENDATION: Staff recommends approving the ordinance establishing rules and regulations for off leash areas ("Paw Parks") in the City of Anna. ATTACHMENTS: Description Upload Date Type ORDINANCE 12/5/2019 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 10, STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES; ARTICLE 10.02, PARKS, RECREATION AND SPECIAL EVENTS; DIVISION 2, GENERAL PARK REGULATIONS OF THE ANNA CITY CODE OF ORDINANCES AND ADDING SECTION 10.02.047, OFF LEASH AREAS, PAW PARK PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (the "City") is a home rule municipality having full powers of self-government and may enact ordinances relative to its citizens' health safety and welfare; and WHEREAS, Anna neighbors desire safe and enjoyable places for their dogs to exercise and socialize while off their leashes; and WHEREAS, the City of Anna has constructed an area, located in Natural Springs Park, for an "off leash area" or "paw park"; and WHEREAS, the City of Anna does not have rules or regulations pertaining to "off leash areas" or "paw parks"; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds and determines that rules and regulations are necessary for the City's off -leash areas or paw parks to prevent or minimize injuries, keep the parks safe, clean and well maintained; and WHEREAS, staff recommends amending Chapter 10, "Streets, Parks and Other Public Places"; Article 10.02, "Parks Recreation and Special Events", Division 2, "General Park Regulations" of the "Anna City Code of Ordinances" by adding section 10.02.047, "Off Leash Areas, Paw Park"; establishing for rules and regulations; and WHEREAS, The City Council of the City of Anna finds it to be in the best interest of the health, safety and general welfare of the public to amend Chapter 10, "Streets, Parks and Other Public Places", Article 10.02, "Parks, Recreation and Special Events", Division 2, "General Park Regulations" of the "Anna City Code of Ordinances" by adding section 10.02.047, "Off Leash areas, Paw Park"; to establish rules and regulations as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: CITY OF ANNA, TEXAS Page 1 of 4 Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment to Chapter 10, "Streets, Parks and Other Public Places", Article 10.02, "Parks Recreation and Special Events", Division 2, "General Park Regulations" In accordance with The Anna City Code of Ordinances ("Anna Code"), the following amendments are made to Chapter 10, "Streets, Parks and Other Public Places", Article 10.02, "Parks, Recreation and Special Events", Division 2, "General Park Regulations" of the "Anna City Code of Ordinances" by adding section 10.02.047, "Off Leash Areas, Paw Park" to establish rules and regulations to read as follows: Section 10.02.047 Off Leash Areas, Paw Park (a) "Animal Control Officer" means the person designated by the city to represent and act for the city in the impoundment of animals, in the controlling of stray animals, and all other matters as otherwise required by this section. (b) "Dog" means a domesticated animal that is a member of the canine family. (c) "Off -Leash Paw Park" means the confines of a fenced recreation area that is owned and operated by the City of Anna and designated as an area for off - leash canines to exercise and play in a controlled environment under the supervision, possession or control of their owner(s). (d) "Owner" means any person who supervises, controls or possesses any dog confined in a dog park. (e) Rules and Regulations 1. All dogs shall have current rabies, distemper and parvo vaccinations 2. Dogs shall wear a collar with a current rabies tag while in the paw park 3. Dogs shall be healthy and free of contagious diseases and parasites while in the paw park 4. Sick dogs or dogs with open wounds are not permitted inside the paw park 5. Female dogs in heat are not permitted inside the paw park 6. Puppies (under four months of age) are not permitted inside the paw park 7. Dogs exhibiting aggressive behavior are not permitted inside the paw park CITY OF ANNA, TEXAS Page 2 of 4 8. If a dog exhibits aggressive behavior inside the paw park, owners shall remove the dog immediately 9. All dogs shall be supervised by a person at least 16 years of age 10. There is a 3-dog maximum per visitor allowed 11.Owners shall control their dogs at all times 12.Owners shall clean up after their dogs 13.Owners shall dispose of all their dog's waste in appropriate receptacles 14.Agility equipment is for dogs only 15. No human food or dog food is permitted inside the paw park 16. Dog treats may be used for training purposes only 17. No glass containers are permitted inside the paw park 18. Shoes shall be worn inside the paw park at all times 19. The paw park gate shall remain closed at all times 20.Owners shall leash their dogs when they are outside the paw park 21.The paw park is subject to closure upon a determination by the City that there is a reason deemed to be in the public's interest, safety or for maintenance. 22.All other general park rules and ordinances shall be obeyed while using the paw park. (f) Enforcement 1. Law enforcement officers and animal control officers are authorized to enforce the provisions of this section. 2. Any person violating the rules of this section may be subject to removal and suspension from the paw park. 3. It is an offense to violate any provision of this section. 4. Any person found guilty of violating this section shall be punished by fine not to exceed $2,000. Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this CITY OF ANNA, TEXAS Page 3 of 4 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 violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS ON THIS THE 10T" DAY OF DECEMBER 2019. APPROVED: Mayor Nate Pike ATTESTED: City Secretary Carrie Smith CITY OF ANNA, TEXAS Page 4 of 4 THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 12/10/2019 Approve a Resolution approving the Enox RV Addition, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) SUMMARY: Recreational vehicle storage on one lot on 11.7± acres located on north side of County Road 419, 1,025 feet north of Country Road 421. The tract of land is located within the City of Anna extra territorial jurisdiction. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approval as submitted. ATTACHMENTS: Description Upload Date Type Resolution - Enox RV Addition, Development Plat 12/3/2019 Staff Report Location Map 12/3/2019 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ENOX RV ADDITION, BLOCK A, LOT 1, DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Mary Enox has submitted an application for approval of the Enox RV Addition, Block A, Lot 1, development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Enox RV Addition, Block A, Lot 1, development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10' day of December 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Bearing Base: Grid North, NAD83 Texas State Plane WilliaMary m Enox Enox and Coordinate System, North Central Zone, as derived by 1.5Acres (Tractt One) in survey -grade Global Positioning System. Inst. No 201 909 04001084110, O.P.R.C.C.T. P.O.B. 1/2" capped rebar proposed 8' chain link fence found "By -Line Surveying" I I I I I I I I I I I I I I I I I I I I I I I I I I I .•s .•s .•s I I w01 II of 1 William Enox and OI i '•• Mary Enox O 1�1 1.58 Acres Z I I (Tract One) in i i 30 ft. wide roadway and utility Inst. No easement in Vol. 1611, Pg. 247 20190904001084220, OPRCCT I' 2 A. proposed crush concrete paving f8Iulclverel Trtint fpdcel proposed crush concrete paving I I� William Enox and Mary Enox 12.120 Acres (Tract Two) in Inst. No 20190904001084110, O.P.R.C.C.T. 589*27 [-14.0' 14.0'J L- Legend/Symbols: wm = water meter pp = power pole gw = guy wire bcm = buried cable marker tp = telephone pedestal cmp = corrugated metal pipe ovd = overhead electrical lines • = 1/2" capped rebar set, stamped "RPLS 6578" (unless otherwise noted) ROW = right-of-way Note A: All proposed buildings shown hereon are to be covered parking and built as 3-side metal buildings. proposed 14' sliding gate 14.0' proposed 8' chain link fence s e +11 -Keith Lane Soo., 10' 1 o"W 25.00' gw(5) pp(2) E - F \ g _ \ an ex ravel -----------------_------------�p--------------------ovd---------------------Pp-------------------------- - ------nve--__--_ pp- E E E- E- E- E- E- E- E- E- E- E- E- E E- E E- E- E- E- E- E- E- 6- p 1/2" capped rebar 372 99' 1/2" capped rebarT South limits of Anna ETJ 589*49'33"W cmp(18") found By -Line set "RPLS 6578" Surveying" 530.37' 3/8" rebar found S. G. Johndroe III, Trustee 14.304 Acres in Vol. 4810, Pg. 1989, D.R.C.C.T. FIELD NOTES Grayson -Collin Electric Co. 11.757 Acres in Vol. 5982, Pg. 4405, D.R.C.C.T. 6 proposed asphalt entrance 1/2" cappec rebar found Proposed 8' Lot / chain link fence L t 1 11.125 Acres and/or 484,585 Sq. Ft. (Net) 11.737 Acres and/or proposed office bldg. 51 1,245 Sq. Ft. (Gross) SO4°58'48"W 54.67' S24°48'09"W N 0.612 ac. and/or 3 S54°41'03"W 47.57' a 26,659 sq. ft. dedicated ao r to Collin County for S80°37'1 1 "W a right-of-way purposes 52.18' approx. location of proposer+ r,ii1ve t E E N89°56 47"W 719.25' N89'56'47"W 721.36' SITUATED in the County of Collin, State of Texas, being a part of the Guinn Morrison Survey, Abstract No. 559 and being the same 11.74 acre tract of land (Tract Two) conveyed by Warranty Deed with Vendor's Lien from Barbara A. Keith, Trustee of the Robert D. and Barbara A. Keith Revocable Living Trust to William Enox and Mary Enox on August 29, 2019 and recorded in Instrument No. 20190904001084220, Official Public Records, Collin County, Texas and being more particularly described by metes and bounds as follows to -wit: BEGINNING at a 1/2 inch capped rebar found, stamped "By -Line Surveying" at the Southeast corner of the 1.59 acre tract of land (Tract One) conveyed to William Enox and Mary Enox in Instrument No. 20190904001084110, said Official Public Records, the Southwest corner of the 12.120 acre tract of land (Tract Two) conveyed to William Enox and Mary Enox in said Inst. No. 20190904001084110, the Northeast corner of the 1.58 acre tract of land (Tract One) conveyed to William Enox and Mary Enox in said Inst. No. 20190904001084220 and the Northwest corner of said Enox 11.74 ac.; THENCE South 89 deg. 27 min. 22 sec. East, with the South line of said Enox 12.120 ac. and the North line of said Enox 11.74 ac., passing a 1/2 inch capped rebar found at 1,733.47 ft. and continuing for a TOTAL distance of 1,758.47 ft. to a mag-nail set in the pavement of County Road No. 419, a public road, at the Southeast corner of said Enox 12.120 ac. and the Northeast corner of said Enox 11.74 ac.; THENCE Southwesterly, with the pavement of said County Road No. 419 and with the East lines of said Enox 11.74 ac., the following calls and distances: 1. South 00 deg. 35 min. 15 sec. West, a distance of 136.40 ft. to an angle point; 2. South 04 deg. 58 min. 48 sec. West, a distance of 60.00 ft. to an angle point; 3. South 24 deg. 48 min. 09 sec. West, a distance of 48.47 ft. to an angle point; 4. South 54 deg. 41 min. 03 sec. West, a distance of 60.00 ft. to an angle point; 5. South 80 deg. 37 min. 11 sec. West, a distance of 60.00 ft. to an angle point in or near the center of said County Road No. 419 (as it turns to the West) and in the South line of said Guinn Morrison Survey and the North line of both the Hiram Brinlee Survey, Abstract No. 30 and the 26.200 acre tract of land conveyed to Tricycle Lane Texas, LLC in Instrument No. 20141001001073580, said Official Public Records; THENCE North 89 deg. 56 min. 47 sec. West, with the pavement of said County Road No. 419 and with the South line of both said Enox 11.74 ac. and Guinn Morrison Survey and the North line of both said Tricycle Lane 26.200 ac. and Hiram Brinlee Survey, exiting said road as it turns to the South and continuing for a total distance of 721.36 ft. to a 3/8 inch rebar found at the Northwest corner of said Tricycle Lane 26.200 ac. and the Northeast corner of the 11.757 acre tract of land conveyed to Grayson -Collin Electric Co. in Volume 5982, Page 4405, Deed Records, Collin County, Texas, at an angle point in the South line of said Enox 11.74 ac.; THENCE South 89 deg. 49 min. 33 sec. West, continuing with the South line of both said Enox 11.74 ac. and Guinn Morrison Survey and with the North line of said both Grayson -Collin Electric 11.757 ac. and Hiram Brinlee Survey, passing the Northwest corner of said Hiram Brinless Survey and an Ell corner of said Guinn Morrison Survey and continuing for a total distance of 530.37 ft. to a 1/2 inch capped rebar set, stamped "RPLS 6578" at the Northwest corner of said Grayson -Collin Electric 11.757 ac. and the Northeast corner of the 14.304 acre tract of land conveyed to S.G. Johndroe III, Trustee in Volume 4810, Page 1989, said Deed Records, at an angle point in the South line of said Enox 11.74 ac.; THENCE North 89 deg. 39 min. 16 sec. West, continuing with the South line of said Enox 11.74 ac. and the North line of said Johndroe 14.304 ac., a distance of 372.99 ft. to a 1/2 inch capped rebar found, stamped "By -Line Surveying" at the Southeast corner of said Enox 1.58 ac. and the Southwest corner of said Enox 11.74 ac.; THENCE North 00 deg. 16 min. 07 sec. East, with the East line of said Enox 1.58 ac. and the West line of said Enox 11.74 ac., a distance of 300.01 ft. to the PLACE OF BEGINNING and containing 11.737 ACRES of land. General Notes: 1. Water Supply to be provided by North Collin Special Utility District. 2. Sewer service to be provided by on -site aerobic septic system with two tanks South of the office building shown hereon. Sprinkler field shall be on "undisturbed" area East of said office building. 3. Electrical service is provided by Grayson -Collin Electric Cooperative. 4. Blocking the flow of water or construction of improvements in drainage easements, and filling or obstruction of the floodway is prohibited. 5. Any existing creeks or drainage channels traversing along or across the addition will remain as open channels and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. 6. The City of Anna will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. 7. The property shown on the plat hereon lies within a Zone "X" (areas determined to be outside 500-year floodplain) Designation, as shown on the Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas, Map No. 48085CO160 J, Revised Date: June 2, 2009. 8. Neither the City of Anna nor the undersigned surveyor will be responsible for any damage, personal injury, or loss of life or property occasioned by flooding or flooding conditions. 9. The owners and builders must comply with all other state and federal regulations regarding developments of this type. 10. The subject property is within the limits of the Extraterritorial Jurisdiction of the City of Anna, Texas. Job No. CCA811O19 William Enox and Mary Enox Owners 162 N. Meadowbrook Drive Pottsboro, Texas 75076 Phone: 817-371-8563 County Road No. 419 S80e3 60.00' a public street - asphalt paving +.FE.. Tricycle Lane Texas, LLC 26.200 Acres in Inst. No 20141001001073580, O.P.R.C.C.T. mag-nail set N En M `n o to L2 M Ln o N .- Mark E. Lovvorn and Lynn Craft, Trustees, et al 178.888 Acres in Inst. No 2008102000000140, L.R.C.C.T. 100 SO4°58'48"W -'60.00' S24°48'09"W 48.47' S54°41'03"W 60.00' Survey Line x z GRAPHIC SCALE 50 100 200 ( IN FEET ) 1 inch = 100 ft. 400 Location Map (not to scale) Site I, Kate A. Wagner, Registered Professional Land Surveyor, do hereby certify that a survey was made on the ground of the property shown hereon under my personal and direct supervision, and that the corner monumentation meets the standards set according to the Subdivision Regulations of the City of Anna, Texas. OF - - - - - - - - - - - - - - - - - - - - - - - - - - - ?' Kate A. Wagner, R. P. L. S. No. 6578 Date 'G r, S T fR`iv. .......... ............... . KATE A. WAGNER ................................. ' ? 6578 !: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT William Enox and Mary Enox, acting herein by and through it's duly authorized officers, do hereby adopt this plat designating the hereinabove described property as ___________________- an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the some unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at anytime of procuring permission from anyone. William Enox Mary Enox STATE OF TEXAS COUNTY OF BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared William Enox, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of ________________, 2019. --------------------------------------- Notary Public in and for ________ County My Commission Expires: ______________________ STATE OF TEXAS COUNTY OF BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Mary Enox, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ___- day of ________________, 2019. --------------------------------------- Notary Public in and for ________ County My Commission Expires: ______________________ Development Pla of This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the __-- day of ----------------, 2019. Lot Block Planning Director, City of Anna EnoxAddit'ion 11.737 Acres (Gross) 11. 125 Acres (Net) in the Guinn Morrison Survey Abstract No. 559 Collin County, Texas Dare of Preparation: November 1, 2019 IIS:\Land Projects R2\11.74-Acres-Guinn Morrison -Survey\Civil 3D\Development Plat.dwg 11/4/2019 7:59 AM KEITH LN DSSINGIRD R ' Enox RV Addition Development Plat["" WT Of= AL'W� Wa WA A E CITY OF N Ann Proposed Site Parcels 0 250 500 1,000 Feet December 2019 L,\CityAdmin\Administration\Maurice\102-PLANNING &ZONING\PZC-Agendas\20lgAgendas\12-December\Enox RV Addition Development Plat\Agenda M THE CITY OF AiAtia AGENDA ITEM: Item No. 51 City Council Agenda Staff Report Meeting Date: 12/10/2019 Approve a Resolution entering into a development agreement with Anna 21, LLC to establish development and design regulations for future development located on 20.799 acres at 1220 S Powell Parkway, south of FM 455 and east of SH 5. (Managing Director of Community Services Ashley Stathatos) SUMMARY: This is the same development agreement that the City Council approved at their September 24, 2019 City Council meeting. The development agreement is for property located south of FM 455 and west of SH 5 known as the Rollins tract of land. The intent of the development agreement is to put development and design regulations on the Rollins tract, should a rezoning request that allows for multi -family uses be approved. Kyle and Wendy Rollins (previous property owners) engaged Don Collins (developer/current property owner) to represent them in regards to their property. After the City Council approved the development agreement, Kyle and Wendy Rollins decided not to sign it. Don Collins withdrew the rezoning application and purchased their property. He is requesting that the City Council enter into the same development agreement with him as before. The only change being that Anna 21, LLC, (Don Collins, President), is listed as the property owner on the development agreement now, and Kyle and Wendy Rollins are removed from it. If the City Council approves the development agreement with Anna 21, LLC, then, Don Collins, President, will request the property be rezoned to MF-2, Multi -Family Residential - High Density. Approving the development agreement in no way puts an obligation on the Planning and Zoning Commission or 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. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approving a Resolution entering into a Development Agreement with Anna 21, LLC. FAACTa:l►vil=11il,k&V Description Upload Date Type RESOLUTION 12/4/2019 Resolution DEVELOPMENT AGREEMENT 12/4/2019 Exhibit n Resolution Entering into a Development Aareement with Anna 21, LLC for Design Development Regulations at 1220 S Powell Parkway THE CITY OF Anna YYNI�E 6TRlEi (F.AL �66) THE CITY OF knna APPROX. LOCATION OF 15 SANITARY SEWER EASEMENT --- - •• , ; 660 ------------------- , , r , ' '• a. •� - ---- U) - - . APPROX. LOCATION'' OF 20' SANITARY;" SEWER 'EASEMENfi ';� i -��U APPROX. LOCATION 15' WATER LINE L / - �'r!` �•, OF fix. S Sewn EASEMENT 30 'ORAINAGE - -- •.- _ EASEMENT II EELOTON PRELIMINARY SITE PLAN IIIII LAN. SOLUTIONS 21 ACRES I ANNA, TEXAS I DULY 2019 THE CITY OF manna CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 21, LLC RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI -FAMILY DEVELOPMENT LOCATED AT 1220 S. POWELL PARKWAY. WHEREAS, Anna 21, LLC is the Property Owner of real estate located at 1220 S. Powell Parkway; and WHEREAS, Property Owner desires for the property to be developed as MF-2, Multi - Family Residential — High Density; and WHEREAS, Property Owner has agreed to development and design regulations should the City approve the property to be rezoned from Agriculture to MF-2 zoning; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval The City Council hereby approves the Development Agreement with Anna 21, LLC, attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th day of December 2019. APPROVED: ATTEST: Mayor Nate Pike City Secretary Carrie Smith IW4:11:111i Yr DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of December 10, 2019 ("Effective Date") between and among the City of Anna, Texas ("City") and Anna 21, LLC ("Property Owner") as follows: RECITALS WHEREAS, the Property Owner is the sole owner of 20.799 acres of real property described and depicted on Exhibit A, attached hereto (the "Property"); and, WHEREAS, the Property Owner has applied to rezone the Property to allow for multi -family residential uses; 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 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 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. PRELIMINARY CONCEPT PLAN. The Property shall be developed as conceptually described and illustrated on Exhibit B (the "Preliminary Concept Plan"). The Preliminary Concept Plan may be amended from time to time with approval from the City's Planning & Zoning Commission and the City Council. Prior to any building permit being issued, a final Site Plan, Landscape Plan, Photometric Plan and building elevations shall be approved by the City Council. 1 1 P a g e SECTION 3. DEVELOPMENT STANDARDS. The Property Owner agrees to comply and to cause all builders and any other successors or assigns to comply with the following: A. Development and use of the Property shall be in accordance with this Agreement and the Zoning Ordinance. In the event of a conflict between this Agreement and any City regulation, ordinance or code provision, this Agreement controls. B. Upon approval of the City Council to rezone the property to allow for multi -family uses, if such approval shall be given, development shall adhere to the MF-2, Multi -Family Residential zoning district set forth in Section 9.04.020 of the Zoning Ordinance. C. The masonry and other building material and methodology requirements and all other requirements set forth in this Agreement are strict requirements of this Agreement, and any failure to fully adhere to same shall be a material breach of this Agreement. D. All multi -family buildings and structures shall have at least eighty percent (80%) 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 materials with no more than (20%) consisting of cementitious siding (Hardie products) or stucco materials. E. Roof materials for buildings and structures must be architectural roof shingles. F. Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. G. Border fencing of stone or masonry construction of not less than six feet in height and not more than eight feet in height shall be installed along the property line on any perimeter not abutting a public street, entrance to the development or Slayter Creek. The stone or masonry wall shall have stone or masonry columns at a maximum distance of 50-foot centers. Fencecrete, iron, tubular steel and decay resistant wood may be permitted with stone or masonry columns at a maximum distance of 30-foot centers at site plan approval by the City Council. Decay resistant wood shall be capped and be kept at a minimum. H. At site plan approval, the City Council may require additional landscaping and stone or masonry screening along the street frontage. I. Refuse containers shall be screened from view on all sides by a wall of masonry not less than eight feet in height or by an enclosure within a building. J. Two or more distinct building models shall be designed for projects with more than four primary buildings. K. A covered entry area shall be designed at the main entry to each building. L. Four architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but is not limited to: 1) Articulation of building fagade 2 1 P a g e 2) Extensions to the building through covered porches, 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, dormers, chimneys, decorative moldings or ornamental details 7) Other similar design features M. Architectural detailing, horizontal off -sets and other features shall be provided on all sides of the building to avoid blank walls and large, monolithic masses. N. Front elevation walls shall require a minimum of a 2-foot offset between the relative front walls (exclusive of exterior balconies) at a minimum of every 75 feet horizontally. O. Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. SECTION 4. 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: Anna 21 LLC 2705 Clublake Trail McKinney, Texas 75072 Attn: Don W. Collins, President SECTION 5. MODIFICATIONS OR TERMINATION. This Agreement may only be modified and/or terminated as follows: (a) by mutual agreement of Property Owner and City; and/or (b) unilaterally by City upon default of the Property Owner or Developer. 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 —on or before the 5th day of February, 2020—the rezoning of the Property to be zoned as MF-2, Multiple -Family Residential, High Density ("MF-2") as set forth in Section 9.04.020 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 3 1 P a g e Property. SECTION 6. DEFAULT. If Property Owner, its heirs, successors or assigns, subsequent owners of the Property or any other person acquiring an interest in the Property, fails to fully comply with all the terms and conditions included in this Agreement, 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 Property including without limitation building permits and certificates of occupancy. B. The defaulting Property Owner, or their respective heirs, successors or assigns, subsequent owners of the Property or any other person acquiring an interest in the Property (collectively, the "Defaulting Developer Parties") shall be jointly and severally 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 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 City will additionally have anyand all remedies available to it at equity or in law. 4 1 P a g e SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement will run with the land and be binding on all subsequent Property Owners and Developers. SECTION 8. INDEMNIFICATION AND HOLD HARMLESS. THE DEVELOPER AND THE PROPERTY OWNER, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTIES"), HEREBY COVENANT AND AGREE 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 ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTIES, INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF THEIR RESPECTIVE 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 PARTIES 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 ANY OF THE INDEMNIFYING PARTIES AND THE CITY, THE INDEMNIFYING PARTIES' INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTIES' OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTIES FURTHER COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY 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 5 1 P a g e termination of this Agreement. SECTION 9. REQUIREMENT FOR RECORDATION. Property Owner will record this document, including all the Exhibits, in conjunction with the formal adoption by the City Council, and immediately provide a recorded copy to the City. SECTION 10. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 11. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 12. 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. Developer represents and warrants to City that the person signing this Agreement has the authority to sign the Agreement on behalf of Developer. SECTION 13. 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 14. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. [REMAINDER OF PAGE LEFT BLANK, SIGNATURE PAGE(S) FOLLOW.] 6 1 P a g e CITY OF ANNA Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, 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 ANNA 21, LLC, a Texas limited liability company Az Don W. Collins, President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, appeared Don W. Collins, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna 21, LLC, a Texas limited liability company.. Notary Public, State of Texas 7 1 P a g e EXHIBIT "A" PROPERTY DESCRIPTION DESCRM110N 20.799 ACRE$ SITUATED in Collin County, Texas, in the G. Stark survey. abstract no. 798, being a arvey of part of the 12.69 a e tract described in a deed from Barbara A- Fleichsr '. Kyle J. Rollins and Wendy Lynette Rollins, dated June 1, 2001. corded in volume 4930, page 2384 and o "" of the 19. I, acre tract described in a deed from Jackie Nunn no Ullndo Foy. To to Kyle J. Rollins had Wendy Lynette Rollins, dated October 23, 2002, recorded in volume 5283, page 2676. both deeds of the Collin County deed records, being described by metes antl bounds as follows. BEGINNING at a 1/2-inch iron pin found at the north-northeast corner of said 19.87 p re tract; THENCE southerly with In east line of said 1937 are tract as follows: South 01'31'18" West, 727,88 feet the a 1/2-inch it Din found; South 01'an 6'09" West' 98.40 feet to a 1/2-inch iron, In set at an Inside m of said 19.87 a e tract; THENCE Soulhr B6'49'45" East, withaa north line of said 19.87 acre tract, 194.25 feet to 0 1/2-inch n it pin set; THENCE South DS'14'09",West, with a east I;ne of sold 19.87 acre tract, 219.46 feat to a 1/2-inch iron pin set at on inside corner of said 19.87 acre tract: THENCE South 86*3057" East, with a north line of said 19,87 a e tract, 174.00 fast to a 5/B-inch I... pin found in the west right-of-way line of Stale Highway 5, at the northwest car r of the 0.1991 acre troct(Port 2) recorded as clerk's file no. 201812170111525750; THENCE southerly with the west line of said DAW acre tract and the west right-af-way line of said Slate Highway 5 as follows: South 22"15'10" West. 17.96 feet to a 5/8-inch it n pin loand: $ealh 65'0736' West, 100.03 feet to u 5/8-inch o n pin found; South I1'27'45" East, 157.15 feef to a 5/8-loch iron pin found at the outh co of said 0.1991 are tract; THENCE South r OS' 14 27" West, with the west right-of-way line of said Stole Highway 5, passing at 26.56 feet the northwest corner of the 0.1208 a.ro troet(part 1) recorded as clerk's file no. 2018121700152575Q and continuing with the west line of said 0.1208 .,,a tract. In all 234.66 feat to a 5/8-;nch iron pin fountl of the southwest c of sold 0.120E a re tract; THENCE North 77'45'41" West, 125.07 feet to a 5/8-inch ;r,n pin fountl nt the north-northeast -,her of the 11.226 acre tract recorded asfile e no. 20131016001427770; , THENCE westerly with the north line of said 11.226 a re tract as follows: North 78'12'44' West, 167.71 feet to a 5/B-inch iron pin foond; North 84'02'S6 Wast, 286.65 feet to a 5/B-inch iron pin found; North 86'S5'Of` West. 754.22 feet to a 5/8-inch it n pin found: North 89'13,00" West. 234.38 feet to a 5/8-inch Iran pin Found; THENCE South 116-51.55' West, with the west line of said a11.226 acre tract, 220.26 feet to 0 1/2-inch I,., pin fountl of a angle point in the west 11- hl said 11.226 a e Iroct; s ebeing a ;aside c of said 12.69 a e trod; THENCE North 70'02'12" West, wAb I s oath line of said 12,69 a are tract, I a 1/2-inch it n pin set at 244.60feet antl continuing in all,287A7 feel to a point in 51oyter Greek at the southwest c, of said 12.69 are trod: 7H ENCE northerly genernlly with the centerof said Slayler Creek and with the est line of said 12.69 gala tract Ind with the west line of said 1937 acre tract as follows: North 11'29'00' East. BB.52 feet: N.r1b O '45'OS' East, 60.32 feet; North 26'25'40" East. 140,77 feet; North 14'S4'28" East. 125.21 fast; Norm 35'28'00" East, $3.99 feet; North 03'2537" West, 80.29 feet; North 48'O6'46" East, 65.17 feet; North J6'42'08" East, 78.59 feat; North 31-35'09" West, 102.28 feel; North OB'39'36" East, 19.12 feet; North 54'14'09" East, 112,26 feet; North 14'S4'28" West, 111.68 feel; North 27'37'S2" East 85.07 feet; THENCE easterly with the _H lane pf said 19.67 acre tract qs follows: South BT09'17" East, passing o 1/2-inch Iron pin set ot78.0 feel and ontinuing in all, 277.61 to a 60d -if set; South 87'41'22" East, 139,10 feet to a 60d nail set: North 88'50'10" East. 198.9D feet to the PLACE OE BEGINNING and containing 2D.799 oc res. The above described tract was surveyed on the ground and office walk completed on March 211. 2019 �7 V' 6ru a Cee Rogistr rq sianpl Land Surveyor, Na. 9117 W 110t W. universitIty Orive(t1.5. Highway 380) McKinney, Teas 75069 972-52-59 912-542-575751 fax E OF swt s i Bq.. B3iUCE GEFR l�Oa, 4117 O?Q m Pi- P! -efi R;- i 4 THE CITY OF AiAtia AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 12/10/2019 Approve an Ordinance amending the City of Anna Code of Ordinances regarding the Rental Registration Program. (Code Compliance Manager Kevin Martin) SUMMARY: Staff is requesting an amendment to the City's Building Regulations regarding the Rental Registration Program for Single Family, Duplex, and Multifamily properties. The amendment to the current ordinance will provide the City with the ability to protect the vitality and integrity of the City of Anna housing stock. Rental properties shall be inspected for compliance upon first-time registration and each time there is a change in tenancy. The current ordinance requires a rental property owner to acquire a "Certificate of Occupancy" to rent out his or her property. This step in the process has created confusion amongst our neighbors because of its similar verbiage to a Certificate of Occupancy one receives when a new home is constructed. The new rental registration program, established by the amended ordinance, will require single family rentals to obtain a "Certificate of Registration" prior to any tenants occupying the premises. The fee to obtain the "Certificate of Registration" for single family rentals is set at $50. In addition, the new ordinance will hold property owners accountable for their participation in the program which currently is not specified as a requirement. The amended ordinance states that the owner must maintain the rental properties in accordance with the minimum housing standards and the International Property Maintenance Code. The applicant or landlord shall request that the inspection be conducted by the City. No rental property shall be occupied unless a valid certificate of registration has been issued by the City for the premises. If a landlord or owner rents, leases, or allows another to occupy the rental property that is not registered by the City and has not passed a City inspection or does not have a valid certificate of registration, is subject to penalty. This ordinance was identified as an action agenda item in the City's Strategic Plan as it will help enhance the appearance of our neighborhoods, protect property values, and support neighborhood integrity by having well maintained and safe housing stock throughout the City of Anna. The amended ordinance has been discussed with local stakeholders and thus far we have received positive feedback for the amended ordinance and rental registration program. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Staff recommends approving the amended ordinance. ATTACHMENTS: Description Upload Date Type Amendment to Section 4.08 12/5/2019 Ordinance n Rental RegistrationProgram Before After • No specified Section in The Code of Designated Section 4.08 Rental Housing Ordinance • "Certificate of Occupancy" • No penalties for not participating in the rental program. • Not specified in the ordinance for the property conditions. • No inspection is required. • Fees • "Certificate of Registration" • Required to participate or penalties will be enforced. • Section 4.08.006 Minimum Housing standards and the International Property Maintenance Code. • Inspections take place at the point of applying for the Annual Registration and are complaint driven. 0 No chances to the fees. THE CITY OF nna CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 4 (BUILDING REGULATIONS) BY REPEALING ARTICLE 4.08 (MULTIFAMILY DWELLING REGULATIONS) AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 14.08 (RENTAL HOUSING); AMENDING APPENDIX A (FEE SCHEDULE) BY AMENDING SECTION A2.008 (APARTMENT COMPLEX LICENSE AND RE -INSPECTION FEES); ESTABLISHING REGULATIONS AND FEES FOR LANDLORDS AND OWNERS OF SINGLE-FAMILY, DUPLEX AND MULTI -FAMILY RESIDENTIAL RENTAL PROPERTIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna deems it necessary for promoting the health, safety and general welfare of the City and its residents, to adopt and enforce regulations regarding residential rental properties which are offered for lease or rent in the City; and WHEREAS, the City currently has few regulations in place that require landlords to maintain certain residential renter -occupied dwellings in safe or sanitary conditions, and a need exists to protect the health and safety of those citizens who occupy all residential rental property; and WHEREAS, the residential rental program shall be implemented Citywide and shall apply to each single-family, two-family (Duplex), townhouse, multi -family (apartment) and other residential rental unit or property in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1: Chapter 4 (Building Regulations) of the Anna City Code of Ordinances is hereby amended to repeal Section 4.08 (Multifamily Dwelling Regulations) in its entirety and replace said article with a new Article 4.08 (Rental Housing) as follows: "CHAPTER 4 BUILDING REGULATIONS ARTICLE 4.08 RENTAL HOUSING Division 1. Single -Family and Duplex Dwellings Sec. 4.08.001 Definitions For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates otherwise: CITY OF ANNA, TEXAS ORD. NO. PAGE 1 Code compliance manager shall refer to any person designated by the City Manager as being responsible for the administration and enforcement of this article. Dwelling means a structure or that part of a structure which is used as a residence. Landlord means the owner, property manager, or any person having or exercising supervision or control over rental property that is or is intended to be occupied by another. A person having or exercising supervision or control of rental property is, for all purposes under this article, deemed a landlord, regardless of whether ownership or title to the real estate is vested in another. Owner means any person claiming, or in whom is vested, the ownership, dominion or title of real property, including, but not limited to: (1) the holder of fee simple title; (2) the holder of a life estate; (3) the holder of a leasehold estate for a term of at least five years; (4) the holder of a leasehold estate who, in turn, subleases property to another; or (5) the buyer in a contract for deed. As used in this division, Owner also includes any agent, association, company, corporation, firm, partnership, person or organization of any kind having a legal or equitable interest in a rental property. Rental property or rental properties means a single-family or duplex dwelling unit or a townhouse, not occupied by the owner, and which is leased or rented or intended to be leased or rented to another person, for or without consideration. Tenant means any person who occupies rental property for residential purposes with the landlord's consent, regardless of whether the occupancy is in exchange for monetary consideration. Townhouse means one of a series of not less than three nor more than 10 attached one -family dwellings under common roof with common exterior wall and separated from one another by single partition walls without openings from basement to roof. Sec. 4.08.002 Applicability This division shall apply to all single-family and duplex dwelling rental properties and townhouse rental properties within the territorial limits of the city. Division 2 of this article shall apply to apartment buildings, apartment complexes, multi -family dwellings not covered by this division, and the individual apartments and dwelling units within those buildings. Sec. 4.08.003 Registration of rental properties required (a) No person shall own, operate, lease, rent or maintain rental property within the city without first registering the rental property with the city. Rental properties shall be registered each calendar year upon expiration, which is the 31 st of December of every year. Registration shall be by written application submitted to and on a form provided by the code compliance manager identifying, at a minimum, the name and address of the owner, the name and address of CITY OF ANNA, TEXAS ORD. NO. PAGE 2 the landlord, and the address, age and interior square footage of the rental property. Registration may be approved but occupancy may not occur unless and until the rental property has been inspected for compliance with the minimum standards set forth in this article. (b) Rental property registration may be denied, suspended or revoked by the code compliance manager if: (1) the application contains false information; (2) there are utility fees and/or charges over 60 days past due for the rental property over which the landlord is responsible; (3) the rental property is not in compliance with the standards set forth in this article; (4) access to the property by the code compliance manager has been impaired so as to prevent timely inspection of the premises; (5) a change in tenancy has occurred and the landlord or owner has failed to request an inspection as required by this article; or (6) there exists any condition in, on or near the rental property that renders the rental property unsafe or unfit for human habitation or occupancy or presents a threat to public health or safety. (c) A denial, suspension or revocation may be appealed to the city manager if written notice of the appeal is received within twenty (20) days of the denial, suspension or revocation. The city manager's decision shall be final and binding. Sec. 4.08.004 Applications and fees (a) The code compliance manager may, at any time, require additional information of the owner or landlord to clarify or supplement items on the application for registration. (b) The annual fee for issuing a registration shall be as set forth in Sec. A2.008 of Appendix A of this code. The fees are non-refundable and are payable to the city when application is made to the city for the registration. The code compliance manager shall waive a registration fee for a new registration that is required solely because the rental property has had a change in tenancy occurring less than six months after the most recent previous tenancy; provided, however, that there shall be no such waiver for a short-term rental (STR) as that term may be defined elsewhere in this code. Sec. 4.08.005 Appointment, powers and duties of code compliance manager (a) The code compliance manager is hereby designated as the administrator of this article. (b) In addition to the powers and duties previously prescribed for the code compliance manager, said person shall: (1) administer and enforce all provisions of this article; (2) keep and maintain records of all registrations issued; (3) adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of applications for registrations, the investigation of applicants, and other matters incidental or appropriate to his or her powers and duties as CITY OF ANNA, TEXAS ORD. NO. PAGE 3 may be necessary for the proper administration and enforcement of the provisions of this article; and (4) conduct, on his or her own initiative, periodic investigations of rental properties throughout the city concerning compliance with this article. Sec. 4.08.006 Minimum standards All rental properties, inclusive of the primary dwelling structure, all accessory structures, and the premises comprising the property, shall be kept and maintained by the owner and the landlord in accordance with the following minimum standards: (1) the property must be maintained in a safe and habitable condition; (2) the property must be adequately served by all utilities, including but not limited to electricity, water and sanitary sewer services; (3) any violations of the City's nuisance regulations (4) prohibiting junk motor vehicles, high grass and weeds, dangerous vegetation, dilapidated fencing, and accumulations of stagnant water, rubbish, and unwholesome matter of any kind shall be remedied in a timely manner upon notification; and (5) The property shall be kept and maintained in accordance with the standards and requirements set forth in the International Property Maintenance Code, as adopted by the city, or the provisions of any building, residential or property code adopted by the city for the purposes of protecting the life, health or safety of occupants or residents. Sec. 4.08.007 Inspections; certificate of registration (a) Inspection. Rental property shall be inspected for compliance with the provisions of this article as follows: (1) upon first-time registration, if unoccupied or warranted by receipt of a complaint; and (2) each time there is a change in tenancy and the owner or landlord shall request that the inspection be conducted by the city before the new tenancy commences. (b) No registration or release of utilities shall be issued if, as a result of an inspection, if is determined that the rental property does not comply with the standards of this article and other applicable provisions of this code. (c) Any life safety or critical deficiencies noted by the inspection shall be corrected prior to issuance of a certificate of registration and prior to occupancy. A re -inspection may not be necessary if the owner or landlord submits sufficient proof to the city from which the city can determine that all noted violations have been appropriately repaired or corrected. Sufficient proof includes, but is not limited to, an affidavit stating that the repairs have been completed, receipts for materials used in the repair or receipts for the work done to complete the repair, and/or photographs of the repair(s). (d) Certificate of Registration. No rental property shall be occupied unless a valid certificate of registration has been issued by the city for the premises. A certificate of registration is CITY OF ANNA, TEXAS ORD. NO. PAGE 4 required for each change in tenancy. The certificate shall be issued if, after inspection, the rental property complies with this article and other applicable provisions of this code. Sec. 4.08.008 Violations; affirmative defenses (a) No person may violate any provision of this article, including landlords, owners, tenants and occupants of rental property. (b) A person commits an offense the person acts in the capacity of a landlord without a valid registration issued under this article. (c) A landlord or an owner commits an offense if the landlord or owner rents, leases, or allows another to occupy rental property that is not registered, has not passed a city inspection, or does not have a valid certificate of registration. (d) A landlord or an owner commits an offense if the landlord or owner rents, leases, or allows another to occupy rental property after having been provided with notice of a cease and desist order issued by the code compliance manager to vacate the premises or repair or remediate a condition that is a violation of this article or causes a public nuisance. (e) No landlord or owner may prevent or impair an inspection under this article, or knowingly conceal, cover or disguise any condition that is a violation of the standards imposed by this article. (f) It shall be an affirmative defense to the prosecution of an offense under this article if- (1) the rental property is a bed and breakfast, defined herein as a dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations of not more than four rooms are provided or offered for transient guests for compensation; (2) the rental property is a group home for elderly persons or persons with disabilities; (3) the tenant is hired by the owner as a short-term caretaker of the dwelling or is related to the owner within one degree of affinity or consanguinity; or (4) the rental property is not used for residential purposes. Sec. 4.08.009 Penalties; remedies (a) A violation of this article is punishable by a fine not to exceed the sum of two thousand dollars ($2000.00). Each day a violation continues shall be deemed a separate offense. (b) Unless otherwise expressly provided for herein, no intent need be pleaded or proven in the prosecution of an offense under this article, and a person in violation shall be strictly liable, regardless of intent. (c) The remedies provided for in this article are cumulative of each other and of any other remedy provided for and allowed by law. In addition to any other remedy allowed by law, the city may seek injunctive relief in any court of proper jurisdiction to restrain or enjoin a violation of any provision of this division. Secs. 4.08.010 - 4.08.030 Reserved CITY OF ANNA, TEXAS ORD. NO. PAGE 5 Division 2. Multi -Family Dwellings Sec. 4.08.031 Definitions For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates otherwise: Code compliance manager shall refer to any person designated by the City Manager as being responsible for the administration and enforcement of this article. Dangerous building refers to any building with exterior or interior conditions that pose a danger to the life, limb, health, property or safety of any person. Dwelling unit means a structure or that part of a structure which is used as a residence. Landlord means the owner, property manager, or any person having or exercising supervision or control over rental property that is or is intended to be occupied by another. A person having or exercising supervision or control of rental property is, for all purposes under this article, deemed a landlord, regardless of whether ownership or title to the real estate is vested in another. Managing agent shall refer to a person who lives in this state and who is authorized by the owner of a multi -family residential rental building to accept legal service relevant to that building on his or her behalf. Multi e amily residential building refers to a building or structure containing three or more individual residential units which are leased or rented or intended to be leased or rented to another person, for or without consideration, for residential purposes. The term also includes accessory buildings and structures intended for human occupancy and use by residents of a primary multi -family residential building. Order to correct refers to an order that requires any person acting in the capacity of an owner, managing agent, property manager or landlord of a multi -family residential building to correct any building code violation. Owner means any person claiming, or in whom is vested, the ownership, dominion or title of real property, including, but not limited to: (1) the holder of fee simple title; (2) the holder of a life estate; (3) the holder of a leasehold estate for a term of at least five years; (4) the holder of a leasehold estate who, in turn, subleases property to another; or (5) the buyer in a contract for deed. As used in this division, Owner also includes any agent, association, company, corporation, firm, partnership, person or organization of any kind having a legal or equitable interest in a multi- family residential building. CITY OF ANNA, TEXAS ORD. NO. PAGE 6 Proper shall refer to the land on which one or more multi -family residential buildings are located and is inclusive of the land and all buildings and structures thereon. Property manage means a person who for compensation has managing control of a multi- family residential building. Resident shall refer to any person who occupies a residential unit in a multi -family residential building. Residential unit means any single residential dwelling unit within a multi -family residential building or portion thereof that is used or intended to be used for residential purposes. The term is inclusive of units within mixed -use buildings whereby an occupant may utilize an area for combined residential and commercial or retail purposes. Substandard building means a building, structure or multi -family residential building which is not in compliance with the provisions of the International Property Maintenance Code, as adopted by the city, or the provisions of any building, residential or property code adopted by the city for the purposes of protecting the life, health or safety of occupants or residents. Sec. 4.08.032 Application for Annual Registration (a) No person may operate a multi -family residential building, and shall not offer for rent, lease or occupancy, a residential unit in a multi -family residential building without first having applied for and been granted an annual registration from the city. To obtain an annual registration, an owner shall complete and submit an application on a form prescribed by the city that shall, at a minimum, require the applicant to provide: (1) the property's trade name, physical address, business address, the total number of residential rental buildings located on the property, the total number of residential rental units located on the property and the year in which construction of each residential rental building located on the property was completed; (2) the name, permanent address and telephone numbers of the owner, the property manager and, if the property owner does not reside in this state, the managing agent; (3) the names, addresses and telephone numbers of any mortgagees of the property; (4) if the owner is a partnership, the names and telephone numbers of the managing partner and the partnership's principal business address; (5) if the owner is a corporation, limited liability company, partnership, general partnership, limited liability partnership, trust or real estate investment trust, the name, physical business address and telephone numbers of the following; i) for a corporation, the president and/or chief executive officer; ii) for a limited liability company, the managing or administrative member; iii) for a partnership, limited partnership or limited liability partnership, the general partner; iv) for a trust, a trustee; for a real estate investment trust, the general partner; or v) for any other legal entity not named in the foregoing subsections, the name and address of a duly authorized agent; and CITY OF ANNA, TEXAS ORD. NO. PAGE 7 (6) any other information deemed material by the code compliance manager. Sec. 4.08.033 Annual registration and fee requirements (a) Upon submission of an application and payment of the required annual fee, the city may inspect the property and the multi -family residential building for compliance with minimum standards imposed by city building, property, health and safety codes. The annual fee for issuing a registration shall be as set forth in Sec. A2.008 of Appendix A of this code. The fees are non- refundable and are payable to the city when application is made to the city for the registration. (b) An annual registration shall expire on the first anniversary of the date of its issuance. (c) An annual registration shall expire on the thirtieth (301h) day following a change of ownership of the property on which the building is situated. For the purposes of this subsection, a change in ownership shall not include a transfer or conveyance of an ownership interest in a building to an affiliate entity of the owner. The city shall act on an application for an annual registration within 30 days of submission of an application. (d) An application for an annual registration shall be submitted by all owners of multi- family residential buildings within sixty (60) days following the effective date of the ordinance adopting the regulations contained within this division. However, multi -family residential buildings that are occupied and in operation on the effective date may not be denied the opportunity to continue business operations during the period in which an application is pending. (e) The city may grant extensions of the application deadlines provided for in this division upon terms and condition deemed reasonable by the city in the code compliance manager's sole discretion. Sec. 4.08.034 Denial of annual registration; appeal (a) An application for annual registration may be denied, revoked or suspended by the code compliance manager if: (1) an application contains materially false information; (2) a multi -family residential building or an accessory building intended for use or occupancy by residents of a multi -family residential building has conditions that present a danger to life, health or safety; (3) an owner, property manager or landlord has prevented any inspection by the code compliance manager or has actively concealed any condition that presents a threat to life, health or safety or that is a violation of any provision of applicable building, property, health and safety codes: (4) a multi -family residential building or an accessory building intended for use or occupancy by residents of a multi -family residential building is not in compliance with minimum standards imposed by applicable building, property, health and safety codes; (5) an order to correct, issued by the code compliance manager, has not been complied with, and at least seven (7) days have elapsed since the order to correct was issued; or (6) a multi -family residential building or any accessory building is a dangerous building. CITY OF ANNA, TEXAS ORD. NO. PAGE 8 (b) A denial, suspension or revocation may be appealed to the board of adjustment if written notice of the appeal is received within twenty (20) days of the denial, suspension or revocation. See Sec. 4.08.038 for additional provisions relating to such appeals. Sec. 4.08.035 Inspections (a) The city may inspect multi -family residential buildings or any portions thereof annually, at intervals deemed appropriate by the Code Compliance Manager or upon receipt of a complaint submitted by any person regarding a violation of any provision of applicable building, property, health and safety codes. Inspections may, at the discretion of the Code Compliance Manager, be restricted to limited portions of a multi -family residential building. The city may adopt policies and procedures regarding inspection programs and the conduct of inspections under this division. (b) The Code Compliance Manager shall provide at least three (3) days' prior notice of an intent to inspect interior inspections. It is the responsibility of the owner, property manager or landlord to notify residents and to secure the residential unit in preparation for inspection. (c) It is unlawful for an owner, property manager or landlord to prevent any inspection under this division, to deny or refuse access to property for the purposes of inspection, to falsify any document or record incident to an inspection, or to attempt to conceal any condition that may be a violation of any provision of applicable building, property, health and safety codes. (d) Residents of individual residential units may opt out of an inspection of the residential unit occupied by that person. The election to opt out of an inspection of an individual unit must be in writing and on a form promulgated by the city for that purpose. Sect. 4.08.036 Order to correct Upon inspection, the Code Compliance Manager may issue an order to correct any violations found by an inspection, requiring the owner, property manager or landlord to correct any violation of any provision of applicable building, property, health and safety codes. The code compliance manager may, in his or her discretion, establish a reasonable time within which a specified violation must be corrected, and repairs be made. An order to correct may be revised, amended or extended by the Code Compliance Manager in his or her discretion, as may be appropriate under the circumstances. Sec. 4.08.037 Remedies (a) Should an inspection reveal violations of this division, a violation of any provision of applicable building, property, health and safety codes, a condition that presents a danger to life, health or safety, or that a multi -family residential building or an accessory building is a dangerous or substandard building, the Code Compliance Manager may, if necessary or appropriate for the protection of health and safety: (1) issue an order to correct; (2) deny, suspend or revoke an annual registration; CITY OF ANNA, TEXAS ORD. NO. PAGE 9 (3) deny, suspend or revoke a certificate of occupancy; (4) issue an order to vacate the building; or (5) issue citations for any criminal violations observed during an inspection. (b) If a multi -family residential building is declared to be a dangerous building by the code compliance manager, the code compliance manager may: (1) cause the violations to be corrected, at the expense of the owner, and subject the property to a lien for all costs incurred by the city by filing a statement of expense with the appropriate county; (2) institute and maintain civil proceedings seeking injunctive relief against the owner in any court of appropriate jurisdiction for an order compelling the owner to comply with the code official's order; (3) institute proceedings under the Uniform Code for the Abatement of Dangerous Buildings or the International Property Maintenance Code, as adopted by the city, or the provisions of any applicable building, property, health or safety code adopted by the city for the purposes of protecting the life, health or safety of occupants or residents. seeking the vacation and demolition of the building; or (4) issue appropriate orders to vacate and secure the building, and to compel repair or demolition of the building. Sec. 4.08.038 Appeal to board of adjustment (a) The board of adjustment may hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by the Code Compliance Manager in the enforcement of this division. An appeal must be made in writing, filed with the board, within not more than twenty (20) days of the service of the official's order, requirement, decision, or determination. Service of the order, requirement, decision, or determination is effective on the date that it is personally delivered to the owner, property manager or landlord, deposited with the US Postal Service properly addressed, or posted on the property in a conspicuous location. (b) The board shall schedule a hearing as soon as practicable upon the timely filing of an appeal. The owner, property manager or landlord may attend and present evidence at the hearing. The board shall promptly render a decision based on the merits of the appeal and the evidence presented at the hearing. (c) The board's decision shall be final and binding. No appeal may be taken from the decision of the board. Sec. 4.08.039 Penalties (a) Any person in violation of any provision of this division shall be punished by a fine not to exceed the sum of two thousand dollars ($2000.00). Each day that a violation exists is a separate offense. CITY OF ANNA, TEXAS ORD. NO. PAGE 10 (b) The penalties and remedies provided for in this division are cumulative and nonexclusive, and the city may pursue any and all remedies at law or in equity without prejudice to any other remedy. (c) No culpable mental state shall be required to be plead or proven to establish guilt in the prosecution of any criminal case in which an offense under this division is alleged." SECTION 2: Appendix A of the Anna City Code of Ordinances is hereby amended by amending Sec. A2.008 as follows: Sec. A2.008 Apartment eomplex Heense and re inspeetion Annual registration fees and re -inspection fees for rental properties and multi -family residential building (a) Annual rental property registration fee. The annual fee for a rental property is $50.00. The fee for issuing a replacement for a lost, destroyed, or mutilated license is $25.00. (ab) Annual ligense-multifamily residential building registration fee; r-epl ,.o,., ent—�L. The annual fee for registration of a multi -family residential building is $100.00 or $25.00 per dwelling unit, whichever is greater. The fee for issuing a replacement for a lost, destroyed, or mutilated license is $25.00. (hc) Re -inspection fees. A re -inspection fee for re -inspection of a rental property or multifamily residential building may be charged to verify that violations have been repaired or corrected. The fee shall be $25.00 per unit for each re -inspection of noted violations in a dwelling unit and $50.00 for noted violations on the exterior premises. SECTION 3: That all ordinances of the City of Anna in conflict with the provisions of this ordinance be and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances and ordinances of the City, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5: That if any section, paragraph, sentence, subdivision, clause, phrase or provision of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision hereof other than the part so decided to be unconstitutional, illegal, or invalid and shall not affect the validity of the remainder of this ordinance or any other provision of the ordinances of the City of Anna. SECTION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and subject to a penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2000.00) for each offense. CITY OF ANNA, TEXAS ORD. NO. PAGE 11 SECTION 7: That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. Passed by the City Council of the City of Anna, Texas, this 1 Oth of December 2019. APPROVED: Nate Pike, Mayor ATTESTED: Carrie L. Smith, City Secretary CITY OF ANNA, TEXAS ORD. NO. PAGE 12 THE CITY OF Aifttia AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 12/10/2019 A) Conduct a Public Hearing to consider a request to annex 161.250 Acres and 61.905 Acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas to extend the boundary limits of the City of Anna to include property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) B) Discuss/Consider/Action on an Ordinance to annex 161.250 acres and 61.905 acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas and extend the boundary limits of the City of Anna to include the property within the city limits and adopt a service plan. (Managing Director of Community Services Ashley Stathatos) SUMMARY: The proposed annexation consists of 161.250 Acres and 61.905 Acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, City of Anna E.T.J., Collin County, Texas. The property is located east of US 75 and north of FM 455. A petition was received from the landowner requesting this annexation. Notices of the proposed annexation were sent to the school district and all public entities as well as nearby property owners. The proposed annexation was, also, publicized in the newspaper and on the city website. Only one public hearing is required per new legislative requirements. Douglas Properties is proposing to develop a new subdivision on the property named Meadow Vista. Bloomfield Homes will be the builder. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: A) Conduct the public hearing for the proposed annexation. B) Discuss/Consider/Act an Ordinance to annex 161.250 acres and 61.905 acres in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296. Staff recommends approval. ATTACHMENTS: Description Upload Date Type Location Map 12/4/2019 Exhibit Annexation Ordinance - Meadow Vista 12/4/2019 Staff Report n Ll Public Hearing to Consider an Ordinance to Annex 161.250 Acres and 61.905 Acres North of Hackberry Drive, West of Ferguson Parkway & Adopt a Service Plan THE CITY OF Anna n W a s � e r. C - Nnnf qly I?t,'' I. TRACT LOCATION f - I I { I .I "kT.11 ILI`Jr M1 'Anna 1 'I l I L � vl i. 3 • iY,•V - li:r I• lr+n ica. Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P. Carl EsriJapan. METI,EsriChina(Hong tongj f eri.}4prea,Esd(Thailand), NGC C . O O nen StreetM w contributors. and the GIS User Comm unity THE CITY OF nna s <.e xe g zoxz x RV97 ` U mxr. EU iaoWRo N0. 9 j xn a ruino zaxz. swra ' uc sea oa,.x xmrx m.^ \ � ____.xerasssx c.c.1 oP a Co�is33<o �^3e1, QQN PARTNERSHIP, LTD. w I VOLUME 5106, PAGE 2380 ffrr c1 L.L./ 2002-0023733 3 R a I .e a/ .sEcE ., O.P.R.C.C.T. :.37075::� a. TRACT 2 Eaves GROSS 61.905 ACRES 12,111,111 S.F.) RE—woACRES(428,221 S.F.)FLOODPLAIN IE wocYuDx.-0.902 ACRES 38273 S.F. APPROX. AREA LYING WITHINC OOFgSaP TTTND� 2qB M9°"` x 0 <� ro NET 61.173 ACRES (2,229,069 S.F.) 1 rMcr] olposws6ao�szseD $a J peSTRA TTNO 2 6 Axxs, reus]um roxz. 8 TRACT rGROSS 161.250 ACRES(7,024,033 S.F.) ^zaxz. 3.320 ACRES(362,421 S.F.) FLOODPLAIN 4.7 AC (33,833 S.FJAPPROX.AREA LYING WITHIN C. .370 -2.980 ACRES (129.798 ST) EASEMENT NET 149.173 ACRES (6,497,984 S.F.) B S/ ,xx 162.12 xALRESI (}plop"I 1 WE PARTNERSHIP, LTD. —I c.c1 p6 VOU5106. PAG28s zoewas sw C.C.j 2002-0023733 0 3xT. = O.P.R.GGT. D.a.c.c.i. '� to D RIDR DEED) (PRORT— .e, �ry (rRro rD) vD D.p.e.er. 3e —HE D.R.o.o.i. ss 2 ^ I�-�//� o.x.c.c.r. FRANC BSTRA SFtLUU 2BBVRY 5 E ON NA .0 x �.,� z ' .oxr x P •z zo,ro,zwmo..eao MMw 1 x.. ro.e<xrx«,o FORT o _ E9. xqc aux o / � D „ e ur - ^ an (rW Mx).�'sAium aroo EAOp a N7-IS or I-S u u x u R r6] : Na «.,`DPRDDi 900 _ = Nlx� D.P.R.C.C.T. c.c.1Y ogpµ O*SSrDeavao U'AN95 a OORNO U64C'( v ZP LAND TITLE SURVEY P161.250 ACRES AND 61.905 ACRES IN THE WA Surveying, Inc. LQ 6060 Narth Central Expressway Phone 469.621.0710 Suite 440 Dallas, T— 75M T.B.P.LS. Finn No. 10194465 .R.N 6T: CNND BY: I SCALE I DATE PROI. N0. 6.EET M.Y. M.I.N. 1••200' O6/2e/19 D077 I OF 2 n F OF LA DESCIIPTION OT6 LAST EI IF LIT INTO 2 ECORDEDTRAM ASEM NT 6/38/19 IN2-11300009A960 7/25/19 ADDED NET ACREAGE TO BOTH TRACTS THE CITY OF 4ILti la ZONING: SF-E MIXED USE ZONING: PD 506-2010 MASONRY :REENING WALL AG I � �11111111111111111��►� ��- �� � �1111111111111111►���� `��� � � 250 „ -'MASONRY SCREENING WALL pill � 1 ��,,,�11111� 111111111111111� �I 11111111111111■� � �� 1�111111� 1111111111111111� � . ♦�I�� �1■1111111■ 1111111111111111■ ��I���1�1111111■ 111111111111111111\� �%� ���111111111� IIIIIIIIIIIIIIIIIII/ Millll� I1111111111111111 �� �����I�IIIIIII■11111111111111111� ,,��Ij���►1111111111■ 1111111� 111111 �r���** ��►1���IIIIIIII1111A1,/�� ,.. ., . ZONING: ZONING: `M1NOPC0LEC ' PD 2001-12 PD 2001-23 CONCEPT PLAN MEADOW VISTA BLOOMFIELD HOMES NOVEMBER 2019 LJA Engineering, Inc. Ag, 6060 North Central Expressway Phone 469.621.071 Suite 440 r'-waao' Dallas, Texas 75206 FRN - F-1386 THE CITY OF NOTE: CONCEPT PLAN IS GRAPHICAL REPRESENTATION AND IS WIMECT TO CHANGE. ly-- ------- "---- - - - --- - -- - -- 'C: orinq'#}na Rd -------------" -"'---- :s L". s� 0 ti .r"�. YYJlltllnq 6� T li l Yll lti�lw TRACT LOCATION ti a' � Y sY a fr ,I i Anne . YSryrr.!m r _ . cluly Fuuc 1k I'a.r& osie Cfe, S-nfl lir} mod"+°Qn+sa- Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri.Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community E N 4,000 2,000 MEADOW VISTA w e COLLIN COUNTY FEET S X THIS PRODUCT IS FOR INFORMATIONAL PURPOSES LOCATION MAP AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING EXHIBIT PURPOSES. IT DOES NOT REPRESENT AN ON-THE- o GROUND SURVEY AND REPRESENTS ONLY THE CITY OF ANNA ETJ LA14 Dall North Central Expressway, sulfa aao COLLIN COUNTY z Dallas, Texas 76206Phone 469.621.0710 TBPE F-1386 Z LJA ENGINEERING LJA.com AUGUST 2019 n CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288 AND THE JOHN ELLET SURVEY, ABSTRACT NO. 296, COUNTRY OF COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN AND AGREEMENT; REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain property owners have petitioned the City of Anna to have their property annexed to the City of Anna; and WHEREAS, the City of Anna, Texas ("City") is a home -rule municipality located in Collin County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and the City's Home -Rule Charter; and WHEREAS, the City desires to annex into its corporate limits the hereinafter described territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory"), to wit: being a certain area of land situated in the Francis T. Duffau Survey, Abstract No. 288 and the John Ellet Survey, Abstract No. 296, County of Collin, State of Texas and more particularly described in the attached Exhibit A, which is incorporated herein for all purposes; and WHEREAS, all statutory notice requirements relating to the annexation of the Territory pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and WHEREAS, a public hearing was conducted in accordance with Chapter 43 of the Texas Local Government Code to consider the annexation of the Territory; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that it would be advantageous and beneficial to the City, its citizens, and the inhabitants of the Territory, to annex the Territory to the City; and WHEREAS, the City Council has determined that the Territory is adjacent to and adjoins the City; and CITY OF ANNA, TEXAS PAGE 1 OF 4 WHEREAS, the City Council has investigated, determined and officially finds that no part of the Territory is within the extraterritorial jurisdiction of any other incorporated city or town; and WHEREAS, to the extent that this ordinance would cause an unincorporated area to be entirely surrounded by the City's corporate limits, the City Council has found —and incorporates herein its finding —that surrounding the area is in the public interest; and WHEREAS, a service plan and agreement providing for the extension of municipal services into the Territory, which was prepared prior to and made available at the aforementioned public hearings, is attached hereto as Exhibit B and incorporated herein for all purposes; and WHEREAS, all procedures and proceedings related to this ordinance and to the annexation of the Territory have been undertaken and acted upon in accordance with the Texas Open Meetings Act, as applicable; and WHEREAS, after hearing the arguments for and any arguments against the annexation of the Territory, the City Council finds that the Territory should be annexed; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Incorporation of Recitals. The above -stated recitals are incorporated into this ordinance as if set forth in full here for all purposes. Section 2. Territory Annexed. (a) The Territory, described in Exhibit A attached hereto, which is hereby made an integral part of this ordinance, lying adjacent to and adjoining the present corporate boundaries of the City, is hereby added and annexed into the City, and the Territory shall hereafter be included within the corporate boundary limits of the City, and the present boundary limits of the City are altered and amended so as to include the Territory within the corporate limits of the City. (b) From and after the passage of this ordinance, the Territory shall be a part of the City, and, subject to the municipal service plan referenced in Section 4 of this ordinance, the inhabitants thereof shall be entitled to all of the rights, privileges and immunities as all other similarly situated citizens of the City, and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the general laws of the State of Texas. Section 3. Official City Map Amended. (a) The official map and boundaries of the City's corporate limits are hereby amended so as to include the Territory. CITY OF ANNA, TEXAS PAGE 2 OF 4 (b) The City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to update the official map of the City to add the Territory hereby annexed as required by law, but any delay in or failure to update such map shall in no way impact or affect the validity of this ordinance or this annexation. Section 4. Municipal Service Plan. The municipal service plan for the Territory, attached hereto as Exhibit B, was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this ordinance. Section 5. Filing of Ordinance. The City Secretary is hereby directed to file or cause to be filed a certified copy of this ordinance in the office of the County Clerk of Collin County, Texas, and any other necessary agencies, including the United States Department of Justice. Section 6. Cumulative Repealer. This ordinance shall be cumulative of all other ordinances and shall not repeal any of the provisions of such ordinances except for those instances where there are direct conflicts with the provisions of this ordinance. Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that are inconsistent with this ordinance are hereby repealed to the extent that they are inconsistent with this ordinance. Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. Engrossment and Enrollment. The City Secretary of the City of Anna is hereby directed to engross and enroll this ordinance by copying the Caption in the minutes of the City Council of the City of Anna and by filing this ordinance in the ordinance records of the City. Section 9. Effective Date. This ordinance shall be in full force and effect from and after its date of passage. PASSED by the City Council of the City of Anna, Texas, this 10th day of December 2019, by the following vote of the members of the City Council as present: AYES NAYS ABSTAIN CITY OF ANNA, TEXAS PAGE 3 OF 4 ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike CITY OF ANNA, TEXAS PAGE 4 OF 4 EXHIBIT A LEGAL DESCRIPTION TRACT 1 161.250 ACRES BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162.12 ACRE TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT. SAID 161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF 260.50 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF 1115.83 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF 309.20 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF 368.00 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF 596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY ROAD NO. 370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID 80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1 NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 20180614000736900, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455 ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE 870, PLAT RECORDS, COLLIN COUNTY TEXAS; THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2, CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF 642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF 13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF 715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80 ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26 ACRE SIXTH TRACT; THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE FEET OR 161.250 ACRES OF LAND. LEGAL DESCRIPTION TRACT 2 61.905 ACRES BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY, ABSTRACT NO. 296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1" IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF 36.09 FEET; THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/81, IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN COUNTY CLERK'S FILE NO. 20110505000462590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18, LLC RECORDED IN COUNTY CLERK'S FILE NO. 20161020001423440, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF 500.77 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF 432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725 ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO. 20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2,480.20 FEET TO A 5/81, IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT BEING ON THE WEST LINE OF AFORESAID KAYASA FAMILY 50.00 ACRE TRACT; THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 2,696,563 SQUARE FEET OR 61.905 ACRES OF LAND. .z 0 LO ry L N 3 N i U a 0 r r- 0 0 0 / .Q 0 12 0 N r w 0 0 N / 0 0 / 0 z g x z z R LEGEND O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND CIRS CAPPED IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET PKN PK NAIL WITH SHINER STAMPED "LJA SURVEYING" SET IPF IRON PIPE FOUND CMP CORRUGATED METAL PIPE C.C.# COUNTY CLERK'S FILE NUMBER (CM) CONTROL MONUMENT (RM) RECORD MONUMENT © GAS LINE MARKER © GAS METER TR TRAFFIC SIGN Cs SANITARY SEWER MANHOLE �r FIRE HYDRANT ❑w WATER METER Qw WATER MANHOLE N WATER VALVE POWER POLE (T GUY WIRE LIGHT POLE -E - E- OVERHEAD ELECTRIC LINE - x - x - FENCE LINE GRAVEL ROAD LINE BEARING DISTANCE L1 N00°40'32"E 260.50' L2 N88°48'28"W 251.32' L3 N88.57' 17"W 33.92' L4 N89.04' 18"W 13.58' APPROXIMATE ZONE X SURVEY LINE D - :E ZONE A S\3?NO 159.725 ACRES 991 LHJC.C.#MANAGEMENT 2006100300142459�0LLC 50PIPE LINE, L.P. NORTH TEXAS EASEMENT G�\ C� \`► 0.P.R.C.C.T. VOLUME 6057, PAGE 3578 ZONE X ABS� R 0.P.R.C.C.T. --------------- -------- -_--- m\ \ - - - \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ APP-ROXIMATE --- TR -------------------------N822a'a9�-2-480-2�---- 1 CIRS 17.863 ACRES 1 x x X60'x60 O 64.50 ACRES ANNA NEXTEL OF TE S w QJR PARTNERSHIP, LTD. C.C.# 201 61020001423440 02 014 LEASE AGREEMENT O VOLUME 5121, PAGE 26 7 VOLUME 5106, PAGE 2380 0.P.R.C.C.T. 0 M < O.P.R.C.C.T. ^; APPROXIMATE 100YR C.C.# 2002-0023733 TR -q 5.000 ACRES i (PRIOR DEED) FLOOD ZONE 0.P.R.C.C.T. 01 D REMAINDER OF ZONE A SECOND TRACT D Z 64.5 ACRES D w CALLED 64.5 ACRES TRACT 2 z N LORRAINE SHERLEY D 1 VOLUME 784 PAGE 34 GROSS 61.905 ACRES (2,696,563 S.F.) 1 N89 28 39 E 50 .77 clRs D.R.C.C.T. -9.830 ACRES (428,221 S.F.) FLOODPLAIN PKN 1 D -0.902 ACRES (39,273 S.F. APPROX. AREA LYING WITHIN C. .370 f v NET 51.173 ACRES (2,229,069 S.F.) ? SVR G ZONE X co \ 0 • Zg 6 n APPROXIMATE 100YR k FLOOD ZONE ZONE X PBS TRACT 7 < J vE� PROPERTY ADDRESS 38.15 ACRES g O SVR COUNTY ROAD # 370 MJLA ADAMS, LTD., o ����� 296 ANNA, TEXAS 75409 C.C.# 20110505000462590 cr ::E ,O�N AC� No �R O.P.R.C.C.T. m NBS ZONE A N O 60"CMP TR -E-E -E - CMP IMA E - E - - - - - - _ _ _ _ DEED N 88°56'00" W 2654.98' SURVEY LINE CIRS L2 P - - - - -P71 - rr - P7 - - - - - 60"CMP S 88°56'00" E 2654-98 C.R. 370 x x - X - X - X - x - x x - ZONE A (A PRESCRIPTIVE R.O.W.) CMP 2 CMP M 04 AB NDONED rn ZONE A POWER J M POLE V d N M N e p ZONE A Z 50.53 ACRES TWO-J PARTNERS, LLLP C.C.# 20080509000562500 0.P.R.C.C.T. ZONE X ZONE A PROXIMATE 100YR FLOOD ZONE W O N O M 00 to O M M p ZONE X Z W p U Q C W Q U) Q Wow m~v �0 ZONE A Q 00 W O F- Of LW O N N M vO O �:* O JO M O O Z U 1} 00 Ui w i� 0 cb LO J CIRS LOT 3 BLOCK G ZONE X CREEKS E, PHASE 3` CABINET PAGE 623 P.R. .C.T. (PRIOR DEED) SIXTH TRACT 21.26 ACRES LORRAINE SHERLEY VOLUME 784 PAGE 34 D.R.C.C.T. APPROXIMATE 100YR FLOOD ZONE TRACT 1 )AC ROSS 161.250 ACRES (7,024,033 S.F.) .320 ACRES (362,421 S.F.) FLOODPLAIN -0(33,833 S.F.) APPROX. AREA LYING WITHIN C. . 370 2.980 ACRES (129,795 S.F) EASEMENT NET 149.173 ACRES (6,497,984 S.F.) i L37 © SUBJECT 75 370 TRACT I N 010111M.1 . ZONE A ZONE X 12"CMP POINT OF I BEGINNING TRACT 2 10'GRAVEL ROAD L3 PROPERTY ADDRESS 822 COUNTY ROAD # 370 ZONE X ANNA, TEXAS 75409 j-1 O 162.12 ACRES (PRIOR DEED) N QJR PARTNERSHIP, LTD. THIRD TRACT VOLUME 5106, PAGE 2380 40.86 ACRES 3 C.C.# 2002-0023733 W Z LORRAINE SHERLEY O W o of O.P.R.C.C.T. of W o � VOLUME 784 PAGE 34Wt D.R.c.c.T. M O (PRIOR DEED) N FIRST TRACT (PRIOR DEED) CALLED 80 ACRES FIFTH TRACT LORRAINE SHERLEY 10.00 ACRES ZONE X VOLUME 784 PAGE 34 LORRAINE SHERLEY D.R.C.C.T. VOLUME 784 PAGE 34 III I.we] toII W z z vG a z VR z a S < 0 ANC�S � C� NC � U F R NIBS, 50.00 ACRES .� KAYASA FAMILY, LTD., o C.C.# 20171012001368980 0.P.R.C.C.T. LO N MCpREC . 64� N N M ARC RNCI ABS 1 "IPF 1 `(BENT) j/ APPROXIMATE SURVEY LINE - E 8"IR S 01 153 "W 36.09' 111.666 ACRES OAKWOOD VILLAGE APARTMENTS, INC., C.C.# 20171201001594200 0.P.R.C.C.T. \ ZONE X 0.00' FENCE 2.53' FENCE \ \ LENCROACHMENT 7 14' ENCROACHMEN 0.036 ACRE \\ 51.74' PERMANENT WATER LINE \\ 0.70' FENCE EASEMENT \\ ENCROACHMENT 2.77' FENCE C.C.# 20170123000094980 \\ 0.P.R.C.C.T. \\ DETAIL "B„ ENCROACHMENT \ �\ NOT TO SCALE 1.92 ACRES 1.052 ACRES \� PERMANENT VARIABLE WIDTH DETAIL "A" PERM NENT WATER EASEMENT \ 4.94 WATER LINE EASEMENT NOT TO SCALE C.C. 20170123000094990 POINT OF �� C.C.# 20150406000379400 O.P.R.C.C.T. BEGINNING "B" O.P.R�C.C.T� - TRACT 1 SEE DETAIL �� - , �t-5.fi3- _ _ _ _ - - --- _ _ DETAIL "A" \ N89041' 14"W 492.18' CIRS N89° 18' 16"W CITY OF ANNA E.T.J. CIRS -CIRS N89000'01 _ _SEE _ "W 642.80' �_ N88°46'28"W 803.28' CITY OF ANNA E.T.J. 56 22 22 7 C TY F NN L4 5/8"IRF w 23 21 1 2C0N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ►1 CITY OF ANNA N ❑w 5/8 CIRF 0 55 B OCK F 6' > 4' SID WA K BLOCK N %.E. SMITH 3700" 54 24 PAVEMEN o 20 _ _ HELMOKEN FALLS DRIVE _ TRACT 1 (NORTH) 20 N THE FALLS, PHASE 2 _ _ _ 17.455 ACRES 53 25 w > 19 Y 19 Lo CABINET P, PAGE 870 J 29 LENNAR HOMES OF TEXAS LAND 0 52 �� Y U 18 �� 40 39 38 37 36 35 34 P.R.C.C.T 6 25 24 23 22 21 ai AND CONSTRUCTION, LTD., 26 1 s m L, > 28 C.C.# 20180614000736900 51 27 17 17 �a B OC M 0 c� 0.P.R.C.C.T. 1 �= , 27 50 Y 28 16 16 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 z� 26 0 r E 2 GENERAL NOTES 2.0 Ot I Lair VICINITY MAP NOT TO SCALE 0 11 100 1 201 ANNA Pop 904 1. ALL CORNERS ARE MONUMENTED WITH A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET, UNLESS OTHERWISE NOTED. 2. BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) 3. FLOOD ZONE DESIGNATION (PARTIALLY IN ZONE A, AND ZONE X) FROM FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP,COMMUNITY PANEL NO. 48085C0155J, DATED JUNE 02, 2009. 4. THE TERM "CERTIFY" OR "CERTIFICATE" AS SHOWN AND USED HEREON INDICATES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THE SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED; AND IS ADDRESSED EXCLUSIVELY TO THE PARTIES NAMED HEREON AND ANY OTHER PARTIES INVOLVED IN THE TRANSACTION (GF NO. 19-419962-MM) CLOSING AT THE TITLE COMPANY. LAND TITLE SURVEY 161.250 ACRES AND 61.905 ACRES IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288 AND THE JOHN ELLETT SURVEY, ABSTRACT NO. 296 CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS LJA Surveying, Inc. 6060 North Central Expressway Suite 440 Dallas, Texas 75206 DRWN BY: B.M.Y. DATE OF LAST REVISION 6/28/19 7/25/19 �J� Phone 469.621.0710 T.B.P.L.S. Firm No. 10194465 CHKD BY: SCALE DATE PROD. NO. SHEET M.J.B. 1"=200' 06/28/19 0077 1 OF 2 DESCRIPTION OF LAST REVISION SPLIT INTO 2 TRACTS, ADDED EASEMENT RECORDED IN 20170123000094980 ADDED NET ACREAGE TO BOTH TRACTS EXHIBIT B ANNEXATION SERVICE PLAN AND ANNEXATION AGREEMENT POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines (up to and including the service line connection with the City's main line), shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. IV1Niyi This Service Plan/agreement shall be valid for a term of ten (10) years. Renewal of the Service Plan/agreement shall be at the discretion of the City Council. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43. Owner: By:_ Name: Title: IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of_ 2019, by as owner of the property. Notary Public, State of Texas [SEAL] City: By:_ Name: Title: IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2019, by as representative of the City of Anna. Notary Public, State of Texas [SEAL] THE CITY OF Anna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 12/10/2019 Discuss/Consider/Action on a Resolution entering into a Development Agreement with QJ R Partnership, LTD to establish development and design regulations on property located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway. (Director of Development Services Ross Altobelli) SUMMARY: This development agreement is between the City and QJR Partnership, LTD, (J.D. Rollins). It is for approximately 223 acres of land located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway for a future residential subdivision (Meadow Vista) to be built by Bloomfield homes. The purpose of the development agreement is to put in place the City's architectural design standards and masonry requirements should the city decide to approve the rezoning request of Bloomfield Homes for single-family residential homes. Strategic Connection This item supports the City of Anna Strategic Plan, specifically, advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approving a resolution with QJR Partnership entering into a Development Agreement with QJR Partnership, LTD. ATTACHMENTS: Description Upload Date Type RESOLUTION - DEVELOPMENT AGREEMENT, 12/5/2019 Staff Report MEADOW VISTA) DEVELOPMENT AGREEMENT 12/5/2019 Staff Report n ►A Resolution Entering Into a Development Agreement with QJR Partnership, LTD for Design Development Regulations North of Hackberry Drive, West of Ferguson Parkway THE CITY OF Anna n W a s � e r. C - Nnnf qly I?t,'' I. TRACT LOCATION f - I I { I .I "kT.11 ILI`Jr M1 'Anna 1 'I l I L � vl i. 3 • iY,•V - li:r I• lr+n ica. Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P. Carl EsriJapan. METI,EsriChina(Hong tongj f eri.}4prea,Esd(Thailand), NGC C . O O nen StreetM w contributors. and the GIS User Comm unity THE CITY OF nna s <.e xe g zoxz x RV97 ` U mxr. EU iaoWRo N0. 9 j xn a ruino zaxz. swra ' uc sea oa,.x xmrx m.^ \ � ____.xerasssx c.c.1 oP a Co�is33<o �^3e1, QQN PARTNERSHIP, LTD. w I VOLUME 5106, PAGE 2380 ffrr c1 L.L./ 2002-0023733 3 R a I .e a/ .sEcE ., O.P.R.C.C.T. :.37075::� a. TRACT 2 Eaves GROSS 61.905 ACRES 12,111,111 S.F.) RE—woACRES(428,221 S.F.)FLOODPLAIN IE wocYuDx.-0.902 ACRES 38273 S.F. APPROX. AREA LYING WITHINC OOFgSaP TTTND� 2qB M9°"` x 0 <� ro NET 61.173 ACRES (2,229,069 S.F.) 1 rMcr] olposws6ao�szseD $a J peSTRA TTNO 2 6 Axxs, reus]um roxz. 8 TRACT rGROSS 161.250 ACRES(7,024,033 S.F.) ^zaxz. 3.320 ACRES(362,421 S.F.) FLOODPLAIN 4.7 AC (33,833 S.FJAPPROX.AREA LYING WITHIN C. .370 -2.980 ACRES (129.798 ST) EASEMENT NET 149.173 ACRES (6,497,984 S.F.) B S/ ,xx 162.12 xALRESI (}plop"I 1 WE PARTNERSHIP, LTD. —I c.c1 p6 VOU5106. PAG28s zoewas sw C.C.j 2002-0023733 0 3xT. = O.P.R.GGT. D.a.c.c.i. '� to D RIDR DEED) (PRORT— .e, �ry (rRro rD) vD D.p.e.er. 3e —HE D.R.o.o.i. ss 2 ^ I�-�//� o.x.c.c.r. FRANC BSTRA SFtLUU 2BBVRY 5 E ON NA .0 x �.,� z ' .oxr x P •z zo,ro,zwmo..eao MMw 1 x.. ro.e<xrx«,o FORT o _ E9. xqc aux o / � D „ e ur - ^ an (rW Mx).�'sAium aroo EAOp a N7-IS or I-S u u x u R r6] : Na «.,`DPRDDi 900 _ = Nlx� D.P.R.C.C.T. c.c.1Y ogpµ O*SSrDeavao U'AN95 a OORNO U64C'( v ZP LAND TITLE SURVEY P161.250 ACRES AND 61.905 ACRES IN THE WA Surveying, Inc. LQ 6060 Narth Central Expressway Phone 469.621.0710 Suite 440 Dallas, T— 75M T.B.P.LS. Finn No. 10194465 .R.N 6T: CNND BY: I SCALE I DATE PROI. N0. 6.EET M.Y. M.I.N. 1••200' O6/2e/19 D077 I OF 2 n F OF LA DESCIIPTION OT6 LAST EI IF LIT INTO 2 ECORDEDTRAM ASEM NT 6/38/19 IN2-11300009A960 7/25/19 ADDED NET ACREAGE TO BOTH TRACTS THE CITY OF 4ILti la ZONING: SF-E MIXED USE ZONING: PD 506-2010 MASONRY :REENING WALL AG I � �11111111111111111��►� ��- �� � �1111111111111111►���� `��� � � 250 „ -'MASONRY SCREENING WALL pill � 1 ��,,,�11111� 111111111111111� �I 11111111111111■� � �� 1�111111� 1111111111111111� � . ♦�I�� �1■1111111■ 1111111111111111■ ��I���1�1111111■ 111111111111111111\� �%� ���111111111� IIIIIIIIIIIIIIIIIII/ Millll� I1111111111111111 �� �����I�IIIIIII■11111111111111111� ,,��Ij���►1111111111■ 1111111� 111111 �r���** ��►1���IIIIIIII1111A1,/�� ,.. ., . ZONING: ZONING: `M1NOPC0LEC ' PD 2001-12 PD 2001-23 CONCEPT PLAN MEADOW VISTA BLOOMFIELD HOMES NOVEMBER 2019 LJA Engineering, Inc. Ag, 6060 North Central Expressway Phone 469.621.071 Suite 440 r'-waao' Dallas, Texas 75206 FRN - F-1386 THE CITY OF NOTE: CONCEPT PLAN IS GRAPHICAL REPRESENTATION AND IS WIMECT TO CHANGE. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ENTERING INTO A DEVELOPMENT AGREEMENT WITH QJR PARTNERSHIP, LTD TO ESTABLISH DEVELOPMENT AND DESIGN REGULATIONS FOR SINGLE-FAMILY DEVELOPMENT LOCATED ON THE NORTH SIDE OF HACKBERRY DRIVE, 480± FEET WEST OF FERGUSON PARKWAY. WHEREAS, QJR Partnership, LTD is the Property Owner of real estate located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway; and WHEREAS, Property Owner desires to sell the property to Bloomfield Homes for the property to be developed as a single-family residential subdivision; and WHEREAS, Property Owner has agreed to development and design regulations should the City approve the property to be rezoned to (PD-SF-60/C-1), Planned Development - Single -Family Residential-60/Restricted Commercial; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval The City Council hereby approves the Development Agreement with QJR Partnership, LTD, attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 1011 day of December 2019. APPROVED: ATTEST: Mayor Nate Pike City Secretary Carrie Smith DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of December 10, 2019 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and QJR Partnership, LTD., a Texas limited partnership ("Property Owner") as follows: RECITALS WHEREAS, the Property Owner is the sole owner of real property described and depicted on Exhibit A, attached hereto (the "Property"); and, WHEREAS, the Property Owner has applied to rezone the Property to allow for Planned Development - Single Family Residential-60/Restricted Commercial District ("PD-SF-60/C-1 Zoning District"); 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 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. PRELIMINARY CONCEPT PLAN. The Property shall be developed as conceptually described and illustrated on Exhibit B (the "PRELIMNINARY CONCEPT PLAN"). The Preliminary Concept Plan may be amended from time to time with approval from the City's Planning & Zoning Commission and the City Council. 1 1 P a g e SECTION 3. BUILDING MATERIALS. With respect to all structures/development within the PD-SF-60/C-1 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). 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. 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. C. 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. D. 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. E. Border fencing shall be of stone or masonry construction. SECTION 4. 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 2 1 P a g e To Property Owner: QJR Partnership LTD 822 County Road 370 Anna, Texas 75409 Attn: J.D. Rollins SECTION 5. MODIFICATIONS OR TERMINATION. This Agreement may only be modified and/or terminated as follows: (a) by mutual agreement of Property Owner and City; and/or (b) unilaterally by City upon default of the Property Owner or Developer. 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 (PD-SF-60/C-1), Planned Development -Single Family Residential-60/Restricted Commercial District), 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 6. DEFAULT. If Property Owner or Developer, its heirs, successors or assigns, subsequent owners of the Property or any other person acquiring an interest in the Property, fails to fully comply with all the terms and conditions included in this Agreement, 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 Property including without limitation building permits and certificates of occupancy. B. The defaulting Property Owner or Developer, or their respective heirs, successors or assigns, subsequent owners of the Property or any other person acquiring an interest in the Property (collectively, the "Defaulting Developer Parties") shall be jointly and severally 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 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 3 1 P a g e 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 City will additionally have anyand all remedies available to it at equity or in law. SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement will run with the land and be binding on all subsequent Property Owners and Developers. SECTION 8. INDEMNIFICATION AND HOLD HARMLESS. THE DEVELOPER AND THE PROPERTY OWNER, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTIES"), HEREBY COVENANT AND AGREE 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 ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTIES, INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF THEIR RESPECTIVE 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 PARTIES 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 ANY OF THE INDEMNIFYING PARTIES AND THE CITY, THE INDEMNIFYING PARTIES' INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTIES' OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING 41 PARTIES FURTHER COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY 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. SECTION 10. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 11. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 12. AUTHORITY. Property Owner represent and warrant to the City that the Property Owner owns the Property that this Agreement is binding and enforceable on the Property. SECTION 13. 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 14. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. 51 CITY OF ANNA Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, 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 QJR Partnership, LTD., a Texas limited partnership, By: Rollins Living Trust (dated December 9, 2001), its general partner, 0 James D. Rollins, Jr., Trustee IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, appeared James D. Rollins, Jr., known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Trustee of the Rollins Living Trust (dated December 9, 2001) in its capacity as General Partner of QJR Partnership, LTD., a Texas limited partnership. Notary Public, State of Texas 61 EXHIBIT A PROPERTY DESCRIPTION TRACT 1 161.250 ACRES BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162.12 ACRE TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT. SAID 161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF 260.50 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF 1115.83 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF 309.20 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF 368.00 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF 596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY ROAD NO. 370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID 80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1 NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 20180614000736900, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455 ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE 870, PLAT RECORDS, COLLIN COUNTY TEXAS; THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2, CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF 642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF 13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF 715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80 ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26 ACRE SIXTH TRACT; THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE FEET OR 161.250 ACRES OF LAND. TRACT 2 61.905 ACRES BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY, ABSTRACT NO. 296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1" IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF 36.09 FEET; THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/81, IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN COUNTY CLERK'S FILE NO. 20110505000462590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18, LLC RECORDED IN COUNTY CLERK'S FILE NO. 20161020001423440, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF 500.77 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF 432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725 ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO. 20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2,480.20 FEET TO A 5/81, IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT BEING ON THE WEST LINE OF AFORESAID KAYASA FAMILY 50.00 ACRE TRACT; THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 2,696,563 SQUARE FEET OR 61.905 ACRES OF LAND. .z 0 LO ry L N 3 N i U a 0 r r- 0 0 0 / .Q 0 12 0 N r w 0 0 N / 0 0 / 0 z g x z z R LEGEND O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND CIRS CAPPED IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET PKN PK NAIL WITH SHINER STAMPED "LJA SURVEYING" SET IPF IRON PIPE FOUND CMP CORRUGATED METAL PIPE C.C.# COUNTY CLERK'S FILE NUMBER (CM) CONTROL MONUMENT (RM) RECORD MONUMENT © GAS LINE MARKER © GAS METER TR TRAFFIC SIGN Cs SANITARY SEWER MANHOLE �r FIRE HYDRANT ❑w WATER METER Qw WATER MANHOLE N WATER VALVE POWER POLE (T GUY WIRE LIGHT POLE -E - E- OVERHEAD ELECTRIC LINE - x - x - FENCE LINE GRAVEL ROAD LINE BEARING DISTANCE L1 N00°40'32"E 260.50' L2 N88°48'28"W 251.32' L3 N88.57' 17"W 33.92' L4 N89.04' 18"W 13.58' APPROXIMATE ZONE X SURVEY LINE D - :E ZONE A S\3?NO 159.725 ACRES 991 LHJC.C.#MANAGEMENT 2006100300142459�0LLC 50PIPE LINE, L.P. NORTH TEXAS EASEMENT G�\ C� \`► 0.P.R.C.C.T. VOLUME 6057, PAGE 3578 ZONE X ABS� R 0.P.R.C.C.T. --------------- -------- -_--- m\ \ - - - \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ APP-ROXIMATE --- TR -------------------------N822a'a9�-2-480-2�---- 1 CIRS 17.863 ACRES 1 x x X60'x60 O 64.50 ACRES ANNA NEXTEL OF TE S w QJR PARTNERSHIP, LTD. C.C.# 201 61020001423440 02 014 LEASE AGREEMENT O VOLUME 5121, PAGE 26 7 VOLUME 5106, PAGE 2380 0.P.R.C.C.T. 0 M < O.P.R.C.C.T. ^; APPROXIMATE 100YR C.C.# 2002-0023733 TR -q 5.000 ACRES i (PRIOR DEED) FLOOD ZONE 0.P.R.C.C.T. 01 D REMAINDER OF ZONE A SECOND TRACT D Z 64.5 ACRES D w CALLED 64.5 ACRES TRACT 2 z N LORRAINE SHERLEY D 1 VOLUME 784 PAGE 34 GROSS 61.905 ACRES (2,696,563 S.F.) 1 N89 28 39 E 50 .77 clRs D.R.C.C.T. -9.830 ACRES (428,221 S.F.) FLOODPLAIN PKN 1 D -0.902 ACRES (39,273 S.F. APPROX. AREA LYING WITHIN C. .370 f v NET 51.173 ACRES (2,229,069 S.F.) ? SVR G ZONE X co \ 0 • Zg 6 n APPROXIMATE 100YR k FLOOD ZONE ZONE X PBS TRACT 7 < J vE� PROPERTY ADDRESS 38.15 ACRES g O SVR COUNTY ROAD # 370 MJLA ADAMS, LTD., o ����� 296 ANNA, TEXAS 75409 C.C.# 20110505000462590 cr ::E ,O�N AC� No �R O.P.R.C.C.T. m NBS ZONE A N O 60"CMP TR -E-E -E - CMP IMA E - E - - - - - - _ _ _ _ DEED N 88°56'00" W 2654.98' SURVEY LINE CIRS L2 P - - - - -P71 - rr - P7 - - - - - 60"CMP S 88°56'00" E 2654-98 C.R. 370 x x - X - X - X - x - x x - ZONE A (A PRESCRIPTIVE R.O.W.) CMP 2 CMP M 04 AB NDONED rn ZONE A POWER J M POLE V d N M N e p ZONE A Z 50.53 ACRES TWO-J PARTNERS, LLLP C.C.# 20080509000562500 0.P.R.C.C.T. ZONE X ZONE A PROXIMATE 100YR FLOOD ZONE W O N O M 00 to O M M p ZONE X Z W p U Q C W Q U) Q Wow m~v �0 ZONE A Q 00 W O F- Of LW O N N M vO O �:* O JO M O O Z U 1} 00 Ui w i� 0 cb LO J CIRS LOT 3 BLOCK G ZONE X CREEKS E, PHASE 3` CABINET PAGE 623 P.R. .C.T. (PRIOR DEED) SIXTH TRACT 21.26 ACRES LORRAINE SHERLEY VOLUME 784 PAGE 34 D.R.C.C.T. APPROXIMATE 100YR FLOOD ZONE TRACT 1 )AC ROSS 161.250 ACRES (7,024,033 S.F.) .320 ACRES (362,421 S.F.) FLOODPLAIN -0(33,833 S.F.) APPROX. AREA LYING WITHIN C. . 370 2.980 ACRES (129,795 S.F) EASEMENT NET 149.173 ACRES (6,497,984 S.F.) i L37 © SUBJECT 75 370 TRACT I N 010111M.1 . ZONE A ZONE X 12"CMP POINT OF I BEGINNING TRACT 2 10'GRAVEL ROAD L3 PROPERTY ADDRESS 822 COUNTY ROAD # 370 ZONE X ANNA, TEXAS 75409 j-1 O 162.12 ACRES (PRIOR DEED) N QJR PARTNERSHIP, LTD. THIRD TRACT VOLUME 5106, PAGE 2380 40.86 ACRES 3 C.C.# 2002-0023733 W Z LORRAINE SHERLEY O W o of O.P.R.C.C.T. of W o � VOLUME 784 PAGE 34Wt D.R.c.c.T. M O (PRIOR DEED) N FIRST TRACT (PRIOR DEED) CALLED 80 ACRES FIFTH TRACT LORRAINE SHERLEY 10.00 ACRES ZONE X VOLUME 784 PAGE 34 LORRAINE SHERLEY D.R.C.C.T. VOLUME 784 PAGE 34 III I.we] toII W z z vG a z VR z a S < 0 ANC�S � C� NC � U F R NIBS, 50.00 ACRES .� KAYASA FAMILY, LTD., o C.C.# 20171012001368980 0.P.R.C.C.T. LO N MCpREC . 64� N N M ARC RNCI ABS 1 "IPF 1 `(BENT) j/ APPROXIMATE SURVEY LINE - E 8"IR S 01 153 "W 36.09' 111.666 ACRES OAKWOOD VILLAGE APARTMENTS, INC., C.C.# 20171201001594200 0.P.R.C.C.T. \ ZONE X 0.00' FENCE 2.53' FENCE \ \ LENCROACHMENT 7 14' ENCROACHMEN 0.036 ACRE \\ 51.74' PERMANENT WATER LINE \\ 0.70' FENCE EASEMENT \\ ENCROACHMENT 2.77' FENCE C.C.# 20170123000094980 \\ 0.P.R.C.C.T. \\ DETAIL "B„ ENCROACHMENT \ �\ NOT TO SCALE 1.92 ACRES 1.052 ACRES \� PERMANENT VARIABLE WIDTH DETAIL "A" PERM NENT WATER EASEMENT \ 4.94 WATER LINE EASEMENT NOT TO SCALE C.C. 20170123000094990 POINT OF �� C.C.# 20150406000379400 O.P.R.C.C.T. BEGINNING "B" O.P.R�C.C.T� - TRACT 1 SEE DETAIL �� - , �t-5.fi3- _ _ _ _ - - --- _ _ DETAIL "A" \ N89041' 14"W 492.18' CIRS N89° 18' 16"W CITY OF ANNA E.T.J. CIRS -CIRS N89000'01 _ _SEE _ "W 642.80' �_ N88°46'28"W 803.28' CITY OF ANNA E.T.J. 56 22 22 7 C TY F NN L4 5/8"IRF w 23 21 1 2C0N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ►1 CITY OF ANNA N ❑w 5/8 CIRF 0 55 B OCK F 6' > 4' SID WA K BLOCK N %.E. SMITH 3700" 54 24 PAVEMEN o 20 _ _ HELMOKEN FALLS DRIVE _ TRACT 1 (NORTH) 20 N THE FALLS, PHASE 2 _ _ _ 17.455 ACRES 53 25 w > 19 Y 19 Lo CABINET P, PAGE 870 J 29 LENNAR HOMES OF TEXAS LAND 0 52 �� Y U 18 �� 40 39 38 37 36 35 34 P.R.C.C.T 6 25 24 23 22 21 ai AND CONSTRUCTION, LTD., 26 1 s m L, > 28 C.C.# 20180614000736900 51 27 17 17 �a B OC M 0 c� 0.P.R.C.C.T. 1 �= , 27 50 Y 28 16 16 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 z� 26 0 r E 2 GENERAL NOTES 2.0 Ot I Lair VICINITY MAP NOT TO SCALE 0 11 100 1 201 ANNA Pop 904 1. ALL CORNERS ARE MONUMENTED WITH A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET, UNLESS OTHERWISE NOTED. 2. BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) 3. FLOOD ZONE DESIGNATION (PARTIALLY IN ZONE A, AND ZONE X) FROM FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP,COMMUNITY PANEL NO. 48085C0155J, DATED JUNE 02, 2009. 4. THE TERM "CERTIFY" OR "CERTIFICATE" AS SHOWN AND USED HEREON INDICATES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THE SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED; AND IS ADDRESSED EXCLUSIVELY TO THE PARTIES NAMED HEREON AND ANY OTHER PARTIES INVOLVED IN THE TRANSACTION (GF NO. 19-419962-MM) CLOSING AT THE TITLE COMPANY. LAND TITLE SURVEY 161.250 ACRES AND 61.905 ACRES IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288 AND THE JOHN ELLETT SURVEY, ABSTRACT NO. 296 CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS LJA Surveying, Inc. 6060 North Central Expressway Suite 440 Dallas, Texas 75206 DRWN BY: B.M.Y. DATE OF LAST REVISION 6/28/19 7/25/19 �J� Phone 469.621.0710 T.B.P.L.S. Firm No. 10194465 CHKD BY: SCALE DATE PROD. NO. SHEET M.J.B. 1"=200' 06/28/19 0077 1 OF 2 DESCRIPTION OF LAST REVISION SPLIT INTO 2 TRACTS, ADDED EASEMENT RECORDED IN 20170123000094980 ADDED NET ACREAGE TO BOTH TRACTS - 11231—evthl+ � —Y d—vn. I —•-- Ile /- •IOW. — n L1 THE CITY OF —manna n ►A City of Anna Strategic Plan Anna Vision 2034 Principle 3: Preserved some natural areas/open space through the community. Principle 5: Great Housing Opportunities. i. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii.Safe, well -design, well -maintained multi -family and single-family rental housing. THE CITY OF Anna n ►A City of Anna Strategic Plan Cont. City of Anna Goals for 2024 Goal 2: 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. Develop City infrastructure to support a growing community. iii. Having a range of housing choice available in Anna. THE CITY OF Anna Comprehensive Plan Future Lane Use Map — Single Family, Parks, Medium Density Residential, and Commercial. ' OF n Zoning Comparison Proposed PD-SF-60 The Falls & Creekside SF-60 Min. front yard 20 ft. 20 ft. 25 ft. Min. side yard 5 ft. / 15 ft. corner 5 ft. / 10 ft. corner 10 ft. / 15 ft. corner Min. rear 15 ft. adjacent to collector R.O.W. / 10 ft. elsewhere 15 ft. 25 ft. Min. lot area 5,500 sq . ft. / 6,600 sq. ft. average 6,000 sq . ft. 6.000 sq . ft. Min. lot width 50 ft. 50 ft. 50 ft. Min. lot depth 120 ft. adjacent to collector R.O.W. / 110 ft. elsewhere 90 ft. 120 ft. Min. building size 1,500 sq . ft. 1,200 sq . ft. 1,600 sq . ft. Max. lot coverage 60% 50% 45% THE CITY OF Anna U 25C - 6 MASONF SCREENING y RRY ROAD 370 ZOI PD 5( - AMENITY C ENTER MITI 'LAYOROUND STORMWATEI DETENTION ! `8' TRAILISIDEWALK ` H gy FL ZONING; ZONING: PD 2001-12 PD 2001-23 Concept Plan Meadow Vista THE CITY OF nna Meadow Vista Iq 0 Anna, TX BLOOMFIELD HOMES ... 9Vtaking Dreams Come True -I N ZZ -ji TT- Meadow Vista Community Design and Appearance Stone masonry entry monuments Entry landscaping Brick and stone exterior fencing Meadow VmIsta Product Exterior Elevations and Attributes • Covered front porches & balconies • Unique stone and brick exteriors • Variation of street elevations :._j , JIM. Meadow Vista Classic Series Meadow Vista T7patures • Architecturally unique interior living spaces • Open, flowing plans • Dramatic windows allow an abundance of natural light • Completely sodded yard, irrigation, and landscaping with stone border. Meadow Vista Energy Efficiency • LED Lighting • Radiant Barrier Decking • Dual paned, vinyl, Low E windows • Combined 16 SEER rated heating and air conditioning system • R-38 attic insulation • Insulated Garage Doors • Digital Programmable thermostats • Dual zoned HVAC systems on all 2-story Irrigation systems engineered to reduce water usage Meadow Vista All -Included • Designer kitchens with granite counters and stainless appliances • Energy efficient features including: • LED lighting, radiant barrier roof decking, insulated garage doors, and much more • Custom 42" raised panel wood cabinets Enhanced wireless connectivity throughout the house Architectural shingles with a limited lifetime warranty Wireless security system with coach lights standard for added security *I Meadow Vista All -Included • Sidewalks on both sides of arterial streets • Meandering, continuous public trail system through park area • Decorative iron fences at back of home sites facing the park AA"d I �U - AW7 VW ...:::.:.::::. pow r-Amh6.�l - 11231—evthl+ � —Y d—vn. I —•-- Ile /- •IOW. — n L1 THE CITY OF —manna THE CITY OF Aifttia AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 12/10/2019 A) Conduct a public hearing to consider public comments on a request to rezone 223.0± acres located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway from Single - Family Residential - Large Lot (SF-E) to Planned Development -Single -Family Residence- 60/Restricted Commercial District (PD-SF-60/C-1) with modified development standards. Applicant: Bloomfield Homes B) Discuss/Consider/Action on an Ordinance approving the request to rezone 223.0± acres from SF-E to PD-SF-60/C-1 with modified development standards. (Director of Development Services Ross Altobelli) C) Discuss/Consider/Action on a Resolution approving the Concept Plan, Meadow Vista, associated with the rezoning request. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is requesting to rezone the subject property to allow for a single-family residential development with modified development standards that may include nonresidential development. For additional information please refer to the attached staff report. A concept plan, Meadow Vista, accompanies this request as Agenda Item 5C. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description Upload Date Type Location Map 11 /26/2019 Exhibit Ordinance Staff report - Zoning request Resolution - Meadow Vista Staff Report - Concept Plan Concept Plan - Meadow Vista 12/3/2019 12/3/2019 12/4/2019 11 /26/2019 12/3/2019 Staff Report Staff Report Staff Report Staff Report Exhibit W . . � -> -• 1111111//11111111 .� 111111111111111111 I111111111111111 _ •• 111111111111111 111111111111111111 Ij _ IIIIIII/I�IIj Illnllunlulnr � - ;, IIIIIIIIIII►II� ICI "' � 11111111111/��� III REN �IIIIIII IIIIII�j�II�j�� Ii . r � - = 11111111i1i1 �Ir1j,��i11i �- Illllilllllllllllll illliiilaiiiiilii. d IIIIi1111111i1111E1 — -JIM-,.s.,x ; v 111HUiiiiiiiiiviiNOREEN _ • - �-- 111111111111 Illlih � � i111iii1i1111i111:= � �11111111111 = — — _� — ;� "Ill o • Mimi Ha �11111111111� - • - MINEW �wiliy • Illlllllill� • I/111Mill 111111 = = 11111111IN 1111 iiliii���>�* 111111111111111111 11 IIIIIMINIH1111 '1 4111i1i1F III4iI�'r, illy oil 111111111111111111 : �111111111//lloll ' 111111111/1111ITY OF 1111//11111111 ; 111� �111111� M � City Adm in\Adr IIIIIII nfi.1d CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of Hackberry Drive, 480E feet west of Ferguson Parkway) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway being rezoned from Single -Family Residential - Large Lot (SF-E) to Planned Development (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Single -Family Residential - Large Lot (SF-E) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the permitted uses and development standards of the Property or any part thereof to those permitted in the SF-60 Single -Family Residence District and C-1 Restricted Commercial District, unless otherwise specified herein, as depicted in the Concept Plan on the attached Exhibit B. 1 A. Development Standards: 1. SF-60 Residential Zoning District Area Regulations: a. Side Yard, Interior: 5 feet. b. Rear yard: i. 20 feet - lots backing to either a minor or major collector, to include the minimum 15 feet -wide landscape tract adjacent to a major collector. ii. 10 feet - all other lots c. Front Yard: 20 feet with no additional encroachments. d. Min. Lot Area: 5,500 sq. ft. / overall average 6,600 sq. ft. e. Min. Lot Width: 50 feet / overall average 60 feet. f. Min. Lot Depth: i. 120 feet - lots backing to either a minor or major collector, to include the minimum 15 feet -wide landscape tract adjacent to a major collector. ii. 110 feet - all other lots. g. Max. Lot Coverage: 60% h. Building Size: min. 1,500 sq. ft. 2. Maximum total residential lots not to exceed 800. 3. Single-family development is restricted to a front -entry product. 4. Streets: a. The maximum length of any block or street segment shall be 1,600 feet and the minimum length shall be 300 feet. b. The street patterns depicted in the approved Concept Plan shall fulfill minimum curvilinear street requirement, either as a whole or by phase. c. The Planned Development is responsible for construction of one-half of the divided roadway section of future Ferguson Parkway and one-half of the divided roadway of future Hackberry Drive to the extent located within or adjacent to the Planned Development. 2 5. Fencing: Fencing along the rear property boundary of any lot backing to natural drainage areas or creeks are restricted to wrought iron, tubular steel, or tubular aluminum and must be at least 50% open construction. 6. Amenities: Amenity center with swimming pool, restroom and changing area, an 8- foot wide concrete sidewalk/trail, and a trailhead with playground and park benches along with pet waste stations shall be provided in general conformance to the locations identified on the approved Concept Plan. 7. The area identified as "Mixed Use" on the approved Concept Plan may be developed entirely as either C-1 Restricted Commercial or SF-60 Single -Family Residence District as amended by the PD. B. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. C. The Conceptual Development Plan will expire after two (2) years of approval. 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. 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. 3 Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 10th day of December 2019. ATTESTED: APPROVED: Carrie L. Smith, City Secretary Nate Pike, Mayor 4 LEGAL DESCRIPTION TRACT 1 161.250 ACRES BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162.12 ACRE TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT. SAID 161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF 260.50 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF 1115.83 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF 309.20 FEET TO A POINT FOR CORNER; S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 1.docx Page 1 of 3 NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF 368.00 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF 596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY ROAD NO. 370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID 80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1 NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 20180614000736900, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455 ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 1.docx Page 2 of 3 ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE 870, PLAT RECORDS, COLLIN COUNTY TEXAS; THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2, CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF 642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF 13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF 715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80 ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26 ACRE SIXTH TRACT; THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE FEET OR 161.250 ACRES OF LAND. S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 1.docx Page 3 of 3 LEGAL DESCRIPTION TRACT 2 61.905 ACRES BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY, ABSTRACT NO. 296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1" IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF 36.09 FEET; THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/81, IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 2.docx Page 1 of 3 TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED 50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN COUNTY CLERK'S FILE NO. 20110505000462590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18, LLC RECORDED IN COUNTY CLERK'S FILE NO. 20161020001423440, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF 500.77 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF 432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725 ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO. 20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 2.docx Page 2 of 3 THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2,480.20 FEET TO A 5/81, IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT BEING ON THE WEST LINE OF AFORESAID KAYASA FAMILY 50.00 ACRE TRACT; THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 2,696,563 SQUARE FEET OR 61.905 ACRES OF LAND. S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriptions\0077BY01-TRACT 2.docx Page 3 of 3 CITY OF ANNA PLANNING & ZONING COMMISSION December 2, 2019 Agenda Item No. 6B Applicant: Bloomfield Homes DESCRIPTION: Request to rezone 223.0± acres located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway from Single -Family Residential - Large Lot to Planned Development -Single -Family Residence-60/Restricted Commercial District. REMARKS: The applicant is requesting to rezone the subject property to Planned Development - Single -Family Residence-60/Restricted Commercial District (PD-SF-60/C-1) to allow for a single-family residential development with modified development standards which may include a nonresidential component. A PD district 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 SF-60 Single -Family Residential District is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C- 1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. A concept plan, Meadow Vista, accompanies this request as Agenda Item 6C. Surroundinq Land Use and Zoning North Vacant land zone Agricultural East Across future Ferguson Parkway vacant land zoned Agricultural and vacant land zoned PD-SF-72 Single -Family Residence. At the southeastern portion of the tract vacant land zoned PD-NC Neighborhood Convenience South Across future Hackberry Drive vacant land zoned PD-SF-72, and two existing residential subdivisions The Falls and Creekside zoned PD-R-1. West Vacant tract zoned PD-C-1 Restricted Commercial and vacant tracts zoned SF-E Single -Family Residential — Large Lot Proposed Planned Development Stipulations The requested zoning is PD-SF-60/C-1. 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 a single- family residential subdivision with a nonresidential component. Design Standards - The language in the proposed PD district would allow for a single- family residential development with modified area regulations and nonresidential that would be limited to the northwest portion of the zoning request. Conformance with the City of Anna Strategic Plan and Comprehensive Plan Anna Vision 2034 a. Principle 3: Preserved some natural areas/open space through the community. b. Principle 5: Great Housing Opportunities. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family and single-family rental housing. City of Anna Goals for 2024 a. Goal 2: 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. AGENDA ITEM NO. 5B (12/02/19) PAGE 2 OF 5 ii. Develop City infrastructure to support a growing community. iii. Having a range of housing choice available in Anna. Future Land Use Plan - The Future Land Use Plan identifies four land use designations within the subject property. Single Family (yellow) Parks (green), and medium density (orange), and Commercial (red). The proposed zoning request is in conformance with the Future Lane use Plan. Adequacy of Public Facilities - Water and sanitary sewer services are available to serve the subject property; however, the applicant may be responsible for making improvements to either the water and/or sanitary sewer system to increase the system capacity if required. ISSUES: Residential Form. The applicant has indicated the zoning request is a continuation of the established subdivisions to the south with the exception of the minimum lot depth which has been increased to allow for a larger building pad site. Below is a comparison between the proposed area regulations and the existing subdivisions regulations PD-SF-60 The Falls & Creekside SF-60 Min. front yard 20 ft. 20 ft. 25 ft. Min. side yard 5 ft. / 15 ft. corner 5 ft. / 10 ft. corner 10 ft. / 15 ft. corner Min. rear 15 ft. adjacent to collector R.O.W. / 10 ft. elsewhere 15 ft. 25 ft. Min. lot area 5,500 sq. ft. / 6,600 sq. ft. average 6,000 sq. ft. 6.000 sq. ft. Min. lot width 50 ft. 50 ft. 50 ft. AGENDA ITEM NO. 513 (12/02/19) PAGE 3 OF 5 Min. lot depth 120 ft. adjacent to 90 ft. 120 ft. collector R.O.W. / 110 ft. elsewhere Min. building size 1,500 sq. ft. 1,200 sq. ft. 1,600 sq. ft. Max. lot coverage 60% 50% 45% SUMMARY: The applicant is requesting to rezone 223.0± acres to allow for the development of a SF- 60 single-family residential subdivision with modified standards. As part of the request the applicant is reserving an area that can be built either to C-1 Restricted Commercial district standards or modified SF-60 standards that is shown on the companion Concept Plan. The request is in conformance with the future land use plan and elements of the City of Anna Strategic Plan due to diversifying housing stock, preserving and enhancing natural areas with a trail system, meeting masonry building material requirements, and extending two significant collector roadways. For these reasons, staff is in support of the rezoning request. RECOMMENDATION: Recommended for approval as follows: The permitted uses and standards shall be in conformance with the SF-60 Single -Family Residence District and C-1 Restricted Commercial District, unless otherwise specified herein. 1. SF-60 Residential Zoning District Area Regulations: a. Side Yard, Interior: 5 feet. b. Rear yard: i. 20 feet - lots backing to either a minor or major collector, to include the minimum 15 feet -wide landscape tract adjacent to a major collector. ii. 10 feet - all other lots c. Front Yard: 20 feet with no additional encroachments. d. Min. Lot Area: 5,500 sq. ft. / overall average 6,600 sq. ft. e. Min. Lot Width: 50 feet / overall average 60 feet. f. Min. Lot Depth: AGENDA ITEM NO. 5B (12/02/19) PAGE 4 OF 5 i. 120 feet - lots backing to either a minor or major collector, to include the minimum 15 feet -wide landscape tract adjacent to a major collector. ii. 110 feet - all other lots. g. Max. Lot Coverage: 60% h. Building Size: min. 1,500 sq. ft. 2. Maximum total residential lots not to exceed 800. 3. Single-family development is restricted to a front -entry product. 4. Streets: a. The maximum length of any block or street segment shall be 1,600 feet and the minimum length shall be 300 feet. b. The street patterns depicted in the approved Concept Plan shall fulfill minimum curvilinear street requirement, either as a whole or by phase. c. The Planned Development is responsible for construction of one-half of the divided roadway section of future Ferguson Parkway and one-half of the divided roadway of future Hackberry Drive to the extent located within or adjacent to the Planned Development. 5. Fencing: Fencing along the rear property boundary of any lot backing to natural drainage areas or creeks are restricted to wrought iron, tubular steel, or tubular aluminum and must be at least 50% open construction. 6. Amenities: Amenity center with swimming pool, restroom and changing area, an 8-foot wide concrete sidewalk/trail, and a trailhead with playground and park benches along with pet waste stations shall be provided in general conformance to the locations identified on the approved Concept Plan. 7. The area identified as "Mixed Use" on the approved Concept Plan may be developed entirely as either C-1 Restricted Commercial or SF-60 as amended by the PD. AGENDA ITEM NO. 513 (12/02/19) PAGE 5 OF 5 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE MEADOW VISTA CONCEPT PLAN WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.04 of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Bloomfield Homes has submitted an application for approval of the Meadow Vista concept plan; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Concept Plan. The City Council hereby approves the Meadow Vista concept plan attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10' day of December 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike CITY OF ANNA PLANNING & ZONING COMMISSION December 2, 2019 Agenda Item No. 6C Concept Plan: Meadow Vista Applicant: Bloomfield Homes DESCRIPTION: Single-family residences and commercial on 223.0± acres located on the north side of Hackberry Drive, 480± feet west of Ferguson Parkway. Proposed zoning Planned Development -Single -Family Residence-60/Restricted Commercial District (PD-SF-60/C- 1) with modified development standards. REMARKS: This concept plan is associated with the zoning case for Agenda Item No. 6B and is contingent upon approval of the zoning case. The purpose for the concept plan is to show the future single-family and commercial development, proposed rights -of -way, and related site improvements. The concept plan complies with the zoning district area regulations as requested by the zoning case. RECOMMENDATION: Recommended for approval subject to City Council approval of the zoning request. THE CITY OF Aifttia AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 12/10/2019 A) Conduct a public hearing to consider public comments on a request to rezone 2.7± acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development - Single -Family Residence-60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial (PD-C-1) with modified development standards. Applicant: Carrillo Engineering, LLC B) Discuss/Consider/Action on an Ordinance approving the request to rezone 2.7± acre from PD-SF-60/SF-TH to PD-C-1 with modified development standards. (Managing Director of Community Services Ashley Stathatos) C) Discuss/Consider/Action on a Resolution approving the Concept Plan, Children's Lighthouse Addition, Block 1, Lots 1 & 2, associated with the rezoning request. (Managing Director of Community Services Ashley Stathatos) SUMMARY: Carrillo Engineering, LLC has requested a zoning change on 2.7± acres at the southwest corner of Sharp Street and Leonard Avenue. The existing zoning is a Planned Development for Anna Town Center. The property is located in District C, Single Family Transition zone and District D, Town Center Town Home Zone. The applicant has requested a change to Planned Development, Restricted Commercial, ("PD-C-1"), to allow for a child care facility and adjacent restricted commercial use. For additional information please refer to the attached staff report. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: At the time of publishing the applicant has requested additional time to respond to questions posed by Planning and Zoning Commission. To avoid having to re -notice starting the entire process over, Staff recommends to open the public hearing and to continue the public hearing to the next meeting on January 14, 2020 at 7:30PM. Iji f_Ta:I Lvi 14'►i&-S Description Upload Date Location Map 11 /26/2019 Applicants request to table 12/5/2019 Staff Report 12/4/2019 Proposed Planned Development 10/31/2019 Resolution - Children's Lighthouse Addition, concept plan 12/4/2019 Concept Plan 10/31/2019 Citizen Responses 12/3/2019 Owner's Response to Notification Letter 12/3/2019 Applicant's Traffic Information 11/27/2019 Applicant's Zoning Allowance 11/27/2019 Lighthouse Elevation NE 11/27/2019 Lighthouse Elevation SW 11/27/2019 Type Exhibit Staff Report Staff Report Exhibit Staff Report Exhibit Exhibit Exhibit Backup Material Backup Material Backup Material Backup Material n Public Hearing for Ch'ildren's Lighthouse Proposed Zoning THE CITY OF Anna .", u�rarrr� r ■Ei111 s t0 I I els`e C �g NR�so Gil A=13-30'03" 04 tiAg2P L 3CH=N110.49' W% 12�ATWR"-e=43'19'01' RDPosE�R=470Bo'K L=355.33'SIWRP Sl'RRRT CH=N 73'45'44"E 1 3U _ �' (5D• W1DE PUBLIC RroNT-DF-WAY) '><� <� 346.93' - - - PROPOSED y� C I I e=29'48'59" SS SANITARYBIFWER R=470.00' / / EASEMENT 0' 0 55"E L=244.58' ----------------- 14.26' CH=N 67'00'42"E a sIDEwEMDI( �l t — — — — — — _ _ = za _____ - --7 s S caav)� LI E J 241.83" / / LS i I LS 1 DSC?PE BUFFER wu,- A EplRy lK I w— Y 3 � �/ � I— _ ♦ _ _� 4 B ILO G OK O / /�II I I� y Ls I - � 2 1 DP`K 2 NG M0 R I- $ F� T 'D Oy`7 s�Ls I [VI � ml POTENTIAL FURIRE BUILDING 13 5,400 SF 1 STGRY \ 1DADU \ PROPOSED UWDUSE=RETAIL I �I O� I DO L 4 I W 2 -J W III R=18 0.00' I LOT 1, BLOCK 1 CHILDREN'S UGHTHOUSE ADDITION 1.762 ACRES (76,738 SQUARE FEET) CHILDCARE FACILITY PROPOSED 11,B05 3F 1 STORY FFE=715.25 e=42'S2'22" R=64.00' I CH=N 20'50'23"W ( Ls P`�Ns ,, sGJP ZRPFP'�So I 48.78' w p0�� M1pY fit. o PROPOSEDOUTDOOR PLAY PROPOSED PLAYAREA(18,3293F) t �,��cK000"o I g o VOG p}P,pO CGS tEPI to LS GfLO`',LO�BAOe �I BEN f s� II �T1P `P�E� ZI PER CTY STANDARDS MASONRY FENCE. — II O€ CONSTRUCTION SCHEDULE O HANDICAP RAMPS, EMS PER CITY STANDARDS AND SPECS. O2 HANDICAP SYMBOL O HANDICAP SIGN © 4' SIDEWALK O 4' WHITE TRAMC STRIPING O WHEEL STOP O DUMPSTER WITH 7' MASONRY ENCLOSURE PER CITY REQUIREMENTS. !Ni TOWS OTBR NNE D/SHRP.TLTD Ne. D 4-a4965 o.r.a_c.c.T_ `PR OPOSE136'MASONRYFENCE. PERGITYSTANDARDS I S• WALL MAINTENANCE EASEMENT ffi .w L= g m � cx=s II Ig I III a 9 BETBACK� od N b I I I� I-I III I I Ek 1S" RCP 8' WATD 0 15 JO 60 (� 1 INCH = 30 FT LOCATION MAP N.T.S. SITE DATA SUMMARY TABLE EMSTINGWNING pIANNEDOEVELOPMENT C -NED DEVELOPMENT MERGAL PROPOSED LAND USE HILDRCEACENTER RETAIL LOTAREA(GROSS) 1.]82ACRES(]8,]3850FT) ES(48,]26.83T50 FH SUILDI... 0.25 ACRES (11.S08 SO FT) O12ACRES(5,4DOSOFT) BUILDING HEIGHT 1 STORY, 35"TOTAL HEIGHT (15'-S'MEDIANI-F HEIGH 1-STORY PARKING REOUIRED (1 PER 5 PUPILS,TOTPL PUPILS,4]SPACES (1 PER 250 SF)228PACE3 PARKING PROPOSED 4] SPACES P SPACES PARKING PROVIDED (ACCES4IBLE) 24PACES 2SPACES U R REDUIREMENr EO (658F PER CHILD, TOTAL REDUIRE015,015W) 18,329 SF NIA OWNER: Iro ANNA TOWN CENTER NO.4/SHRP, LTD I 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TX 75225 PHONE: (214) - 522-4945 EMAIL: JARNOLD@SKORBURGCOMPANY.COM CONTACT: JOHN ARNOLD APPLICANT BY: ca CARRILLO ENGINEERING, LLC TEXAS BOARD OF PROFESSIONAL ENGINEERS CONCEPT REGISTRATION NO. F-15893 CHILDREN'S LIGHTHOUSE 301 COMMERCE STREET, SUITE 1410 ADDITION FORT WORTH, TEXAS 76102 BLOCK 1, LOTS 1 & 2 PHONE NO.: 817-6974996 1.762 ACRES CONTACT: ANNA C. BLACKWELL, P.E. THE GRANDISON STARK SURVEY & ABSTACT NO. 798 OCTOBER 22, 2019 PROJECTjBENCHMAQI BOX CUT ON CENTER OF (I CURB INLET AT WEST CURB OF LEONARD AVENUE ±50 SWTH OF THE CENTEUINE OF SHARP STREET EIEV=710.42 PRELIMINARY NOTFOR CONS:UCT/ON 4uPUR➢OI SFSON(v�/ST iM4/N£FRAa<PECOxA IN¢ �i4µ45� Z O pc "7 W i Z 1w x W V yiF T/1 aNW�rnOQ m O Issue Dates: scar. AS SHOWN Dram BY. AD chaalm4 By ALC Sheet CSP-1 ` Proposed Planned Development- Restricted Commercial l A 9 J L �F a 9� /EFiNLEY BLVD _ j. 71 4. J . SHARP ST 0 ; WARNER DR G HAVEN DR BRUUK"UK 1N- DMUIIm UK i 0 jTHE CITY OF N 1 na o Proposed Site Parcels - 0 125 250 500 Feet December 2019 L:\CityAdmin\Administmtion\Maurice\-Development-Planning Issues\Zoning\2019\Children's Lighthouse Planned Development\Agenda Me L tCHILDRENS' -,-'-GHTHOUSE Ross Altobelli Director of Development Services Planning and Development 3223 N Powell Parkway Anna, Texas 75409-0776 Phone: 972.924.2616 RE: Children's Lighthouse Zoning Case - Anna, TX Ross, Children's Lighthouse needs some additional time study traffic to best address the traffic concerns here so we ask that you please table this item until the first City Council Meeting in January. Thanks, C� `7-* Tim McNutt 214-257-0227 1 Direct 214-683-3803 1 Mobile tim@dbarealestate.com Children's Lighthouse Franchise Company, a Texas Corporation 101 S. Jennings Ave. Ft. Worth, TX 76104 THE CITY OF Anna Children's Lighthouse Project Zoning Location: Anna Town Square (Anna Crossing) SW Corner of Sharp Street and Leonard Avenue Next to Harlow Elementary Acres: Approximately 2.7 Acres Legal: Lot 1 & 2, Block 1, Children's Lighthouse Addition Project: Child Care Facility & Adjacent Lot for Future Commercial Use Current Zoning: Anna Town Center Planned Development District C, Single Family Transition Zone District D, Town Center Town Home Zone Requested Zoning: PD-C-1, Planned Development Commercial - 1, Restricted Commercial Land Use The proposed project is for a 11,308 SF child care facility and an adjacent restricted commercial use. The future land use map shows the entire subdivision as Employment Center District with single family located to the south. The Employment Center District is intended to be comprised of industries that bring capital and jobs to Anna. Industrial uses are encouraged in the Employment Center District. The existing development of Anna Town Square (Anna Crossing) subdivision varies from the future land use map. The current zoning of the property is a Planned Development written for Anna Town Square (Anna Crossing). When this zoning was approved, the future land use map was not updated to reflect this change. Within the Planned Development, the proposed project falls within District C, Single Family Transition Zone and District D, Town Center Town Home Zone. The Single -Family Transition Zone is limited to single family land uses and amenity uses commonly associated with residential development. The district most like District C in the Zoning Ordinance is the SF-60 district. The Town Center Town House Zone is limited to for sale or rental residential uses. The district most like District D in the Zoning Ordinance is the SF-TH District. While the other single-family residential districts within Anna Town Center, (Districts A, B, E, F and H), allow a child care facility by right, a Specific Use Permit is required for a child care facility in Districts C and D. In granting a Specific Use Permit, the City Council may impose special conditions which shall be complied with before a certificate of occupancy may be issued. Special conditions that are typical for a daycare include number of children enrolled, child/care giver ratios, hours of operation, etc. The requested adjacent commercial use, included as a part of the proposed project, requires a Planned Development zoning change, as there are no commercial uses allowed by right or by Specific Use Permit in Districts C and D. A Planned Development with a base zoning of C-1, Restricted Commercial is appropriate as it is intended to satisfy the daily needs of the neighborhood consumer. The proposed project requires a Specific Use Permit for the proposed daycare facility, and a zoning change for the future commercial use. The C-1, Restricted Commercial base zoning allows a daycare with a Specific Use Permit. However, the Planned Development has been written to allow for the daycare use. In addition, on the adjacent lot in the planned development, there are further restrictions than is customary in the Restricted Commercial District. The commercial uses on the adjacent lot are restricted to the following: a child care center, church, park, community center, nursery school, secondary or private school, learning center, dance or gymnastics studio, fitness facility, racquetball facility, tanning salon, bakery, medical office, dental office and florist. The property to the north and west of the proposed project is owned by Pacesetter Homes and is in District C and District D, the same districts as the proposed project. The property to the south of the proposed project is an elementary school. The property to the east of the proposed project is Anna Crossing Phase 3A and Anna Crossing Phase 2 owned by individual homeowners and is in District B, Eastern Single -Family Zone which permits child care facilities by right. Community Feedback A Homeowner's Association meeting was held in the subdivision to discuss the daycare. People spoke for and against the daycare at the meeting. Those speaking for the daycare referenced the need and convenience of having a daycare facility next to a school. Those speaking against the daycare referenced the historical parkland issues with the developer, the location of the daycare in the neighborhood as well as the traffic generated by the elementary school. Need An additional daycare is needed to handle the needs of a growing community. It will provide daytime and afterschool options to families. The daycare will be an addition to the city's business community, put money into the local economy and bring jobs. We do not want neighbors to have to go outside Anna for services that should be provided within the community. Convenience A daycare locating next to an elementary school is convenient for parents with children of multiple ages and those needing after school care. An adjacent restricted commercial use will serve to augment the entire community at a convenient location next to a school and daycare (if the zoning is approved). Anna Town Center is a family -focused, flourishing community with families that can benefit from restricted commercial uses near to activity centers. Parkland Dedication At one point in time, a park was considered at the proposed location of the daycare. However, the location for the park changed and was placed in a new location east of Phase 4. While the park concerns of neighbors are legitimate and important to address, these concerns are not related to the land use of the proposed project. Therefore, concerns regarding park facilities should not be considered in this agenda item. The developer and staff are working towards a plan to bring to Council in order to make improvements that would activate a park in Anna Town Square (Anna Crossing). Plans to activate the existing park will likely occur prior to bringing another park online in the subdivision and activating it. Commercial Use in Neighborhood The original Anna Town Square (Anna Crossing) planned development ordinance allows child care facilities by right in several of the residential districts, (Districts A, B, E, F and H). A specific use permit is required for child care facilities in two of the residential districts, (Districts C and D), and one commercial district, (District G). By right, the developer is, already, permitted to locate a daycare in several residential districts. Locating a daycare in the location proposed by this zoning, already a center of activity due to the elementary school, makes more sense than locating a daycare in a residential subdivision on a residential street. Furthermore, it is a complimentary use that is less intrusive than others in similar settings. The uses proposed on the adjacent commercial lot are complimentary as well and do not take away from the character of the neighborhood. In fact, staff believes the uses provide services that are needed within the area. Please note, the developer does not want to put the daycare in the commercial district at the entry to the subdivision because they have a master planned vision which would not work with a piecemeal approach to development. Traffic & Elementary School The proposed project is located at the southwest corner of the intersection of Sharp and Leonard. Leonard is designed to be a major arterial roadway, while Sharp is designed to be a neighborhood collector street. These roadway classifications are consistent with the proposed land use, as neither is a local street. The proposed project is located within an actively growing development. As such, public improvements, new roads, and roadway expansions are being constructed along with project phases. As improvements are made, mobility will continue to be enhanced. During peak school hours, there is significant traffic going to and from the elementary school which is known to back-up. However, for the daycare facility, the pick-up and drop-off times occur before, during and after school hours lessening the impact of additional traffic during peak hours. Furthermore, it is anticipated that the day care could take some vehicles off the road as some of the students that attend the elementary school will utilize the daycare facility for after school care. The partnership that could exist between the school and daycare, if the zoning is approved, is one reason feedback from Anna ISD School Board Members regarding the project has been positive. Many of the uses that are fitting for the proposed location are going to increase traffic at the same level or more than the proposed use. Therefore, a complimentary use to the school makes sense. Staff Recommendation Staff finds that a Planned Development with a daycare facility and adjacent restricted commercial uses would be an asset to our growing community. Likewise, the proposed location next to the school is a complimentary use. However, the Planning & Zoning Commission should weigh public comments and input from the community prior to coming to a decision regarding the child care facility in Anna Town Center (Anna Crossing). CITY OF ANNA, TEXAS ORDINANCE NO. (SW Corner of Sharp St and Leonard Ave Zoning Change from Residential Planned Development to a revised, Commercial Planned Development.) 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 $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the representative for the owner of the property described in Exhibit A attached hereto, Carrillo Engineering, LLC, has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna 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 of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, from a Residential Planned Development to a new, Commercial Planned Development zoning. Section 2. All regulations pertaining to the Restricted Commercial (C-1) with the development regulations as specified by the Development Standards (Exhibit B) or amended shall be applicable to this Tract. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 12" day of November, 2019. ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit "A" BEING 2.880 acres of land situated in the GRANDISON STARK SURVEY, Abstract No. 798, Anna, Collin County, Texas, and being comprised of a portion of the tract of land identified as "Tract 1" in the deed conveyed to Anna Town Center No. 4/SHRP, Ltd., by the deed recorded in County Clerk File Number D217028360, of the Official Public Records of Collin County, Texas, and part of the prescriptive right -of- way for County Road 422 (to be abandoned by this plat). Said 2.880 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a/2' iron rod found at the Southeast corner of Lot 1, Block 1, Anna Crossing Amenity Center Addition to the City of Anna, according to the plat recorded in County Clerk's Document Number 20161110010004620, of the Official Public Records of Collin County, Texas, and said point lying in the North boundary line of Lot 1, Block 1, Anna Elementary No. 3, an addition to the City of Anna, according to the plat recorded in County Clerk's Document Number 20180416010001620, of the Official Public Records of Collin County, Texas; THENCE along the East boundary line of said Lot 1, Block 1, Anna Crossing Amenity Center Addition, and severing said Anna Town Center No. 4/SHRP, Ltd. tract, asfollows: 1. N 00' 35' 02" E 115.59 feet, to a''/2" iron rod marked "GLAS", found at the beginning of a curve to the left; 2. NORTHWESTERLY 47.89 feet, along said curve to the left, having a radius of 64.00 feet, a central angle of 42' 52' 22", and a chord bearing N 20' 50' 23" W 46.78 feet, to a''/2' iron rod marked "GLAS" found at the end of said curve; 3. N 42' 15' 48" W 77.55 feet, to a %" iron rod, found in the new South right-of-way line of Sharp Street (a 60 foot wide public right-of-way), and said point lying in a curve to the right; THENCE along the new South right-of-way line of said Sharp Street, and severing said Anna Town Center No. 4/SHRP, Ltd. tract, asfollows: NORTHEASTERLY 355.33 feet, along said curve to the right, having a radius of 470.00 feet, a central angle of 43' 19' 01 ", and a chord bearing N 73' 45' 44" E 346.93 feet, to a%" iron rod, found at the end of said curve; 2. S 84' 34'46" E 128.60 feet, to a MAG nail found; 3. S 40' 1 D' 55" E 14.26 feet, to a %" found, at the intersection of the new South right-of-way line of said Sharp Street with the West right-of-way line of Leonard Avenue (a 120' wide public right- of - way), and said point lying in a curve to the left; THENCE along the West right-of-way line of said Leonard Avenue, asfollows: SOUTHWESTERLY 98.88 feet, along said curve to the left, having a radius of 1660.00 feet, a central angle of 03" 24' 46", and a chord bearing S 02' 19' 34" W 98.87 feet, to a/4' iron rod, found at the end of said curve; S 00' 37' 1 O" W 176.93 feet, to a %" iron rod marked "4838", found in the South boundary line of the aforesaid Anna Town Center No. 4/SHRP, Ltd. tract, and said point lying in the North right-of-way line of the aforesaid prescriptive right-of-way for County Road 422 (to be abandoned by this plat); S 00' 27' 50" W 18.33 feet, to a'/2" iron rod found marked "SPRY", found at the Northeast corner of the aforesaid Lot 1, Block 1, Anna Elementary No. 3; THENCE N 89' 30' 50" W 396.64 feet, along the North boundary line of the aforesaid Lot 1, Block 1, Anna Elementary No. 3, to the POINT OF BEGINNING containing 2.880 acres (125,464 square feet) of land. Exhibit "B" Planned Development Standards 1.01 Parking A) The 5 stacking spaces for a pick-up lane will not be required since there is no pick-up lane proposed on the Concept Plan or Site Plan. 1.02 Landscaping A) A landscape island will not be required along the easternmost row of parking for the Day Care Site. 1.03 List of Acceptable Uses A) Lot 1, Block 1 of the proposed Children's Lighthouse Addition Minor Plat will be restricted to the specific use of a Day -Care or other child-care use. B) Lot 2, Block 1 of the proposed Children's Lighthouse Addition Minor Plat will be restricted to the following Commercial C-1 uses. ■ Child -Care Center ■ Health Club; Gymnasium ■ Nursery School, Kindergarten ■ Park, Playground, or Private Rec Center ■ School, private or public, primary and/or secondary ■ Bakery and confectionery, retail sales ■ Clinic, medical or dental ■ Florist ■ Gymnastic or Dance Studio ■ Racquetball facilities ■ Tanning Salon Exhibit "C" Concept Plan /.,, 4i.. I a e$ p Y \ III 1_0 11 � 8 1 -III Rtl Y `Pi FY6� IL @ ,L � I �3 L L1 5 ram— lil Ili I i Ii ilgs4�L I ^y �g I LY� T T �i 1 I, -37�x 4 I bx +mor nin c <rrc a V /..,.��✓ g` - nyf --_ f I -- --------- -------- d -. —. - -- -- _----------- fop u zmmU y aK zA y = oa - 3�4 FFQ m m z N� 0 rii 2 O ��uv N�Oz�O G)M �, gqe zmrnz yti o Ram `'°ppNr.� � m v�i CONCEPT SIIE PLAN CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CHILDREN'S LIGHTHOUSE ADDITION, BLOCK 1, LOTS 1 & 2, CONCEPT PLAN WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.04 of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Carrillo Engineering, LLC has submitted an application for approval of the Lighthouse Addition, Block 1, Lots 1 & 2, concept plan; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Concept Plan. The City Council hereby approves the Children's Lighthouse Addition, Block 1, Lots 1 & 2, concept plan attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10' day of December 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike EXHIBIT 1 0`1 � I S PGA C) 6P0=13030'Q3— — — — L= 110.7 5' ANNA TOWN CENTER NO. 4/SHRP, LTD. CH=N 88'40' 13"E 20140.P.R.C.C.T. I 110.49 I EX 12" WATER wW W W / w w w _ / — —_—w EX 1 _ w � w ANAMC,NA CROSSING A TD W W " WATER w / 20140724000770380 — — — _ �\ W O.P.R.C.C.T. — 0 — PROPOSED / A-43 19 01 ' EWALK NA CROSSING AMC, LTD R=470.00' PROPOSED EX�7' RCP EX 36�=p L=355.33' 4 SID CONCRETE 1 PAVEMENT 20141007001096130 — / O.P.R.C.C.T. SHARP STREET CH=N 73045'44"E 1 30' _ _ _ _ _ 252' (60' WIDE PUBLIC RIGHT-OF-WAY) 346.93' . — — — ss SS E PROPOSED �1% / S C L � FORCE MAIN � Ftti } A=29048'59" �— ss SANITARY SEWER / CONCRETE R=470.00 / EASEMENT PAVEMENT ' / S � � l�U.0 0010 55 E L=244.58' PR SED / s FORG�Mp�N AF boa— L ---------------------------_____ S 14.26' L SIGN CH=N 67'00'42"E 4' SIDEWALK i I t — 1 — — — � ANDSCAP BOTTOM `OF BOX 706.08 — — � q TI 241.83' / , LS I LS LS E BUFFER / EXISTI Z��EXISTING SIDEW LK vGRATE INLET,Z /PQ�O I — — — , — — — — — — — 4 ' B — RAP FL=X4.83 / CONCRETE Cj — — — LDI T P OF GRATE-7 31 I 6 SIDEWAL PAVEMENT o NQS I _ �—EL _ — — G ETBACK / 0 /� I I I II _ — —' / z m ca CON E — — — — — — — — — — — �y\ 0 I'D —IIom G� 2 I 2 NV/\ — —/ LLUU » o 2 2 m EXISTING �`�Q�NG I 6 o 1LU g� g I I POR H Q I LSo Z X Q ��1 \ W 4 1 co 3 Exir 1 N N W I LOT 1, BLOCK 1 I o CHILDREN'S LIGHTHOUSE ADDITION I-w � 1.762 ACRES I LS 0 7 LS C I W (76,738 SQUARE FEET) ss, I co �77 I ❑ CHILDCARE FACILITY I tr I A m POTENTIAL FUTURE BUILDING ❑ PROPOSED 11,308 SF 1 STORY 5 I a_ 5,400 SF 1 STORY I I ❑ FFE=715.25 25' BUILDING OZ 0'\ 1.0 ACRES C) ❑ W PROPOSED LAND USE=RETAIL I �' El❑ T A FORIME SETBACK rWa ° I ❑ m 1 0� o EXIT x 0 EXIT EXIT 0=42c'52'22" R— 64.00' DO G��S L=47.98' LS ���\GO P P�� G� N��p. I d I CH=N 20'50923 W ��� N 46. 78' w ���0 ��0 OF g05 I I —LU � QO��� �p� G� I I \ I m � G�� �oQ ��' �I , �I I � I w ���P 0 ID 0 a I� I w O a_ wl PROPOSED OUTDOOR f 1 ��.� P I V m I\ ml PLAY AREA PLAY AREA (18,329 SF) o pa a I I a LS LO 'DDI G G LS z l Z I 7 TELNDE GRONE �ND T oSS 1� e c' Q I Q S GRAVI s 0=3'2 '46" R=16 0.00' L=9 .88' CH=S 02 19'34" 98. 7' G� V 0 \� O J I J I SOUTH PROPERTY LINE OF TRACT 1 GRATE IN r _ EX 18 RCP �� PROPOSED 6' MASONRY FENCE. o o TOP OF GRATE 134 ANNA TOWN CENTER No. 4/SHRP, LTD. 18" RCP FL=7 0. P I PER CITY STANDARDS — — — I I DOC. No. 2014-38965 I` L20' LANDSCAPE BUFFER O.P.R.C.C.T. TA PT is VIE o 8" WATER 00 a W -- W -- I � WATE VALVE TOP= 71'2. WO 0 0 2 7' 5 ryo �(� -pT—y o+� �ry �'�''��j—�y-� ry-/�� 0/NU 712.71 I ------N"-8e7 3V�V'� 1-a�64------------------- \ -- J�JV t► �v`t VVL-------�XdDER6 N --1= rI18.33' LT � o0 PROPOSED 6' MASONRY FENCE. 18" RCP PER CITY STANDARDS 3 FL=709.71 EX 18" R P CONSTRUCTION SCHEDULE O HANDICAP RAMPS, BFRs PER CITY STANDARDS AND SPECS. O HANDICAP SYMBOL O HANDICAP SIGN O4 4' SIDEWALK O 4" WHITE TRAFFIC STRIPING O WHEEL STOP O DUMPSTER WITH 7' MASONRY ENCLOSURE PER CITY REQUIREMENTS. EX SIDEWALK PROPOSED 5' WALL MAINTENANCE EASEMENT 24' RC FL=709.92 18' RCP EXISTING 124" RC SIDEWALK FL=709.92 I II C I3: 0 15 30 60 ( IN FEET ) 1 INCH = 30 FT LOCATION MAP N.T.S. SITE DATA SUMMARY TABLE LOT 1 LOT 2 EXISTING ZONING PLANNED DEVELOPMENT PLANNED DEVELOPMENT COMMERCIAL COMMERCIAL PROPOSED LAND USE CHILDCARE CENTER RETAIL LOT AREA (GROSS) 1.762 ACRES (76,738 SQ FT) 1.118 ACRES (48,725.637 SQ FT) BUILDING SIZE 0.25 ACRES (11,308 SQ FT) 0.12 ACRES (5,400 SQ FT) 1 STORY, 35'-11" TOTAL BUILDING HEIGHT HEIGHT (15'-9" MEDIAN ROOF 1-STORY HEIGHT) PARKING REQUIRED (1 PER 5 PUPILS, TOTAL (1 PER 250 SF) 22 SPACES PUPILS=231 ) 47 SPACES PARKING PROPOSED 47 SPACES 27 SPACES PARKING PROVIDED (ACCESSIBLE) 2 SPACES 2 SPACES OUTDOOR PLAY AREA REQUIREMENT PROVIDED (65 SF PER CHILD, TOTAL 18,329 SF N/A REQUIRED 15,015 SF) OWNER: I� ANNA TOWN CENTER NO. 4/SHRP, LTD IQ 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TX 75225 � PHONE: (214) - 522-4945 w EMAIL: JARNOLD@SKORBURGCOMPANY.COM CONTACT. JOHN ARNOLD APPLICANT BY: Carrillo Engineering CARRILLO ENGINEERING, LLC TEXAS BOARD OF PROFESSIONAL ENGINEERS REGISTRATION NO. F-15893 301 COMMERCE STREET, SUITE 1410 FORT WORTH, TEXAS 76102 PHONE NO.: 817-697-4996 CONTACT: ANNA C. BLACKWELL, P.E. N O t` o b � a� U ;-4 o O U G� i-1 � o U U c O �IC Q� U ww o° •L U UIU PRELIMINARY NOT FOR CONSTRUCT/ON THIS DRAWING IS SUBMITTED FOR REVIEW PURPOSES ONLY, IT IS NOT INTENDED FOR PERMITTING OR BIDDING ENGINEER OF RECORD. ANNA C. BLACKWELL, P.E. 7X REG. NO.97350 O A A O � x a lei dl � W04 w�� AZV U x O >J U c O I� Issue Dates: 07-22-2019 07-29-2019 00 C O a� CONCEPT CHILDREN'S LIGHTHOUSE ADDITION BLOCK 1, LOTS 1 & 2 1.762 ACRES Scale: AS SHOWN THE GRANDISON STARK Drawn By. AO SURVEY & ABSTACT NO. 798 Checked By. ALC OCTOBER 22, 2019 PROJECT BENCHMARK: Sheet BOX CUT ON CENTER OF 6.5' CURB INLET AT ���_� WEST CURB OF LEONARD AVENUE ±50 SOUTH OF THE CENTERLINE OF SHARP STREET ELEV=710.42 0`1 � I S PGA ohs P�1 0=13030'Q3— — — — PGA pp'0' � / L 1 10.75' ANNA TOWN CENTER NO. 4/SHRP, LTD. CH=N 88'40' 13"E 20140.P.R.C.C.T. I 110.49 I EX 12 WATER W W — W / w _ w / — —_—W EX _ w w � w ANNA CROSSING AMC,CM W 1W " WATER-W / 20140724000770380 — — — _ �\ W 0.P.R.C.C.T. — U > » PROPOSED / A-43 19 01 ' EWALK ' R=470.00 PROPOSED E?�-2 RCP NA CROSSING AMC, LTD EX I" RCI L=355.33' 4 SID CONCRETE 1 PAVEMENT 20141007001096130 — / O.P.R.C.C.T. SHARP STREET CH=N 73045'44"E 1 30' _ _ _ _ _ 252' (so' WIDE PUBLIC RIGHT-OF-WAY) a ry 346.93' . — — — C L SS SS PROPOSED z1% � / E � FORCE MAIN coFtti } S A=29048'59" �— SS SANITARY SEWER / CONCRETE / EASEMENT PAVEMENT R=470.00 ' / S � � l�U.0 0010 55 E L=244.58' PR SED / s FORGEMP�N AF boa— L ---------------------------_____ S 14.26' C SIGN CH=N 67'00'42E 4' SIDEWALK i ' — 1 — — — ANDSCAP BOTTOM`OBBOX 706.78 — — q — 241.83' / , LS I E BUFFER / EXISTI LS LS SIDE W LK v�� GRATE INLET I / EXISTING /PQ�O I --- , ------ — 4 'B — RAP FL- 71?. / CONCRETE Cj — — — — LDI T P OF GRATE-7 31 SIDEWAL PAVEMENT o NQS I — �—EL — — — G ETBACK / 0 z m CON E I I I I — — — — — — — _ _ — — — — �y\ Co o ID —II D LS 1 % — — — _ I� O � G� 2 I 2 NV/1 � » o � / S�.�gP 2 2 En m EXISTING �`�Q�NG � I 6 o Iwo BP g I I POR H Q ENTR I U F w LSo Z X zo ��l \ 4 1 3 EXIT N N W s' 3 W I LOT 1, BLOCK 1 I o LI- CHILDREN'S LIGHTHOUSE ADDITION �� W I-w � 1.762 ACRES I LS C= 7 LS �I W (76,738 SQUARE FEET) ss, I I ❑ CHILDCARE FACILITY 1 tr I A m POTENTIAL FUTURE BUILDING ❑ PROPOSED 11,308 SF 1 STORY w I D 5,400 SF 1 STORY I I ❑ FFE=715.25 ��25'13UILDING C) o \ 1.0 ACRES o ❑ W PROPOSED LAND USE=RETAIL I �' ❑ ❑ T A TRIME UJ SETBACK rWa ° I ❑ m EXIT X q I I EXIT EXIT 0 I�— W I D R= 64. 00'09�S L=47.98' LS v o\,\Gp P P�� G� N CH=N 20'50923 W ��\� ` SQ`� 46. 78' w \�O ���o OF g(O5 �p� I m w ���P O�� pOG O „L I� I w O a_ w1 PROPOSED OUTDOOR � z� 1 ��.� P I V m I\ m1 PLAY AREA PLAY AREA (18,329 SF) o �20 I I pa a I I a LS ui z � �I 11» I} I co v�\G P O) G ����1 Ir0 LS z I Z I 7 TELEPHONE rAUD T oSS 1� e G� Q I Q S (GRAVITY s 0=3'2 '46" R=16 0.00' L=9 .88' CH=S 02 19'34" 98. 7' SOUTH PROPERTY LINE OF TRACT 1Li GRATE INL� _ EX 18 RCP PROPOSED 6' MASONRY FENCE. o o TOP OF GRATE 13 44 ANNA TOWN CENTER No. 4/SHRP, LTD. 18" RCP FL=7 0. P I PER CITY STANDARDS — — — I I DOC. No. 2014-38965 �20' LANDSCAPE BUFFER O.P.R.C.C.T. TOP 13 7E I` o 8" WATER T 00 a W -- W -- I � WATE VALVE TOP= 71'2. WO 0 - 2 7 9 5 11 �''�o �-p -p� �;�T—y o+� �ry �'�''��j—�y-� ry-/�� 0/NU 712.71 II e7 cIV V' YY 1��6�'— — — — — — — — — — — — — — — — — — — — \ — — —" J w V t► 24T V VL — — — — — — — �XdDERRRftN — —I� r 1 8.33' LT PROPOSED 6' MASONRY FENCE. 18" RCP PER CITY STANDARDS 3 FL=709.71 EX 18" R P CONSTRUCTION SCHEDULE O HANDICAP RAMPS, BFRs PER CITY STANDARDS AND SPECS. O HANDICAP SYMBOL O HANDICAP SIGN O4 4' SIDEWALK O 4" WHITE TRAFFIC STRIPING O WHEEL STOP O DUMPSTER WITH 7' MASONRY ENCLOSURE PER CITY REQUIREMENTS. EX SIDEWALK PROPOSED 5' WALL MAINTENANCE EASEMENT do 1 voO ���� (3 . SG�O 0 G• 24" RC FL=709.92 18" RCP rT EXISTING 124" RC SIDEWALK FL=709.92 I II C I3: 0 15 30 60 ( IN FEET ) 1 INCH = 30 FT LOCATION MAP N.T.S. SITE DATA SUMMARY TABLE LOT 1 LOT 2 EXISTING ZONING PLANNED DEVELOPMENT PLANNED DEVELOPMENT COMMERCIAL COMMERCIAL PROPOSED LAND USE CHILDCARE CENTER RETAIL LOT AREA (GROSS) 1.762 ACRES (76,738 SQ FT) 1.118 ACRES (48,725.637 SQ FT) BUILDING SIZE 0.25 ACRES (11,308 SQ FT) 0.12 ACRES (5,400 SQ FT) 1 STORY, 35'-11" TOTAL BUILDING HEIGHT HEIGHT (15'-9" MEDIAN ROOF 1-STORY HEIGHT) PARKING REQUIRED (1 PER 5 PUPILS, TOTAL (1 PER 250 SF) 22 SPACES PUPILS=231 ) 47 SPACES PARKING PROPOSED 47 SPACES 27 SPACES PARKING PROVIDED (ACCESSIBLE) 2 SPACES 2 SPACES OUTDOOR PLAY AREA REQUIREMENT PROVIDED (65 SF PER CHILD, TOTAL 18,329 SF N/A REQUIRED 15,015 SF) OWNER: I� ANNA TOWN CENTER NO. 4/SHRP, LTD IQ 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TX 75225 � PHONE: (214) - 522-4945 w EMAIL: JARNOLD@SKORBURGCOMPANY.COM CONTACT. JOHN ARNOLD APPLICANT BY: Carrillo Engineering CARRILLO ENGINEERING, LLC TEXAS BOARD OF PROFESSIONAL ENGINEERS REGISTRATION NO. F-15893 301 COMMERCE STREET, SUITE 1410 FORT WORTH, TEXAS 76102 PHONE NO.: 817-697-4996 CONTACT: ANNA C. BLACKWELL, P.E. N O t` U00 UU 00 n i o b �� Cj � o � U\�D v� o O U G\ 4-4 CD N i o U U � z~ �IC Q� U ww o° •L U UIU PRELIMINARY NOT FOR CONSTRUCT/ON THIS DRAWING IS SUBMITTED FOR REVIEW PURPOSES ONLY, IT IS NOT INTENDED FOR PERMITTING OR BIDDING ENGINEER OF RECORD. ANNA C. BLACKWELL, P.E. 7X REG. NO.97350 O A A O � x a lei dl � za04 W w�� AZV U x O >J U c O I� Issue Dates: 07-22-2019 07-29-2019 00 C O a� CONCEPT CHILDREN'S LIGHTHOUSE ADDITION BLOCK 1, LOTS 1 & 2 1.762 ACRES scale: AS SHOWN THE GRANDISON STARK Drawn By. AO SURVEY & ABSTACT NO. 798 Checked By. ALC OCTOBER 22, 2019 PROJECT BENCHMARK: Sheet BOX CUT ON CENTER OF 6.5' CURB INLET AT ���_� WEST CURB OF LEONARD AVENUE ±50 SOUTH OF THE CENTERLINE OF SHARP STREET ELEV=710.42 NOTICE OF PUBIC HEARING FOR PROPOSED ZONING CHANGE The Planning & Zoning Commission ( ) of the City of Anna will hold a public hearing on Monday November 4, 2019, at 7:00 ., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-6015E-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The distric# can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting. more information should _contact the _Planning _and Development_De_partment at f9T2)_924-2616_ You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. N Al �C r Name (Flame Print Signature Address Date Please return form to City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9i acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616, You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: Lfavorof request Neutral to request Opposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. S1IMM 9NRIDHARANI Name (Please Print) S, i Qvti z kp ry Signature Harlan Properties 104'l -X:1S Drive #103 Address i I-25-I� Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 Planning & Zoning Meeting 12/2/19 HI, 1 am Bruce Norwood and I live at 1133 Elizabeth Street, Anna in the Anna Town Square subdivision. Unfortunately, I am not able to attend the P & Z Meeting this evening. I do favor the zoning change to Commercial 1 and in favor of the Children's Lighthouse Child Care facility. My reasons for supporting are: 1. Knowing that Leonard &Sharp will both be four lanes and a major intersection this business is a much better fit for a commercial corner in a neighborhood than a 7-11, Circle K or any business that will add a high number of vehicles there early mornings and late at night. 2. Childcares are in need in Anna. There presently are three childcare facilities in Anna and one in Melissa that make up the Hwy 5 corridor. With the expansion in home builds, population and businesses the city needs to be looking at expanding these types of businesses. Rejection of one will lead to non - consideration of future franchise holders for these types of businesses. 3. The childcare facility is a perfect fit for a light commercial intersection. The location next to Harlow Elementary School is a perfect place for this business, the school and its users. a. A parent that drops off a student at Harlow Elementary and has a younger child can now do both stops on one drive and easy access for both of their children. b. The childcare facility could also watch elementary children after school without the need of a bus to transport the children due to the convenience to the school. c. The future build out to over 1000 homes in Anna Town Square and the childcare only being licensed to 230 children means that the largest portion, if not all, of their children will be from the neighborhood and add no incremental traffic. • These three points will go AGAINST any increase in traffic in the neighborhood due to the childcare operating that you will undoubtedly hear tonight. • I was at the HOA meeting and heard many neighbors' complaints and concerns about this zoning change. However, when I listened to what the neighbors were saying ... a high percentage (80% or more) were issues they have with the developer. The frustrations of the developer were responsible for over 60% of the time spent in that long meeting that evening. I once again fully support the rezoning of this property for C-1 and to be used for the Children's Lighthouse Childcare facility at that location. It will be good for ANNA It will be good for Anna Town Square It will be good for the parents of Harlow Elementary OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: �4a 'RoNatAnE I,R City /State /Zip: Telephone Number (s): Regarding Agenda Item No. Subject: P & Z. Meeting Date: l,g ()Against Comments: (Use back if necesnsary) ® Lod ion ideal +9r Ci[1c [ 1� e laeel>l. Por addilOno-1 adalwe in Aniv2 (wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: �Yl ( �,7i, Address: City / State / Zip: L alel Telephone Number (s): 21 q / I `I Regarding Agenda Item No. J Subject: Comments: (Use back if necessary) �t 3 7 P & Z Meeting Date: ( gainst () I wish to address the Chairman and Commission Members. (P ,4SE LIMIT COMMENTS TO 3 MINUTES) (' do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. City / State / Zip: jA A N TelephoneNumber(s): lv�- Regarding Agenda Item No. P & Z Meeting Date: f,;, Subject: OFor .Against Comments: (Use back if necessary) 0 C , J� cF�.0 i n�4G�. 2� GLSv �'a El fariZ✓rL� � '' (-�, I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. THE CITY OF 1�M Aftfta NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday. November 4, 2019, at 7:00 Vim., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate sing(e-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request pposed to request Comments: FMIUMMUMA By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. ScJSgl) AP. X 10Z,042 Name (Please Print) y �� Signature Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358' Plano, TX 75086-0358 �" "O III w t f, *E 1 Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: C�2 C�? l) /%U-enio�i City / State / Zip: //dI i9 &�z N �/ 5q0 Telephone Number (s): y' )� lPS � 137� Regarding Agenda Item No. S/4 Subject: OFor (Against Comments: (Use back if necessary) (v'j I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: .2LA,:jjq k) MH ac,4A&Jh Address: Q �J � Telephone Number (s): _'4� 1 ` sD 7241 Regarding Agenda Item No. J5 P & Z Meeting Date:I S u bj ect: (j For ()Against Comments: (Use back if necessary) () I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9t acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Name( rant) ,,l✓ ) l Gry � _ Signature !0/0 2ktG� Address lz� //LZ7 Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 PROPERTY OWNER RESPONSE FORM A Ifavorthe proposed zoning change. oppose the proposed zoning change. ❑ I have no opinion regarding the proposed zoning change. Reasons) for above Addres�(Str�a)47Jip) �T Please return form to: City of Anna Planning and Development Department POB 776 (or 3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 Or bring form to public hearing (meeting time and place attached) Children's Lighthouse PD Zoning Change (SW Corner of Sharp St &Leonard Ave) THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning & Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 a.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change.For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND, Please circle one: In favor of request Neutral to request ( Opposed to request Comments: (/l/DyC_ //VSTz= 6gV /J '&P� CzTiyi g v� 1*'�F4V A� �,�posEV 7�0 /f-Vvas Aftha OF By signing this letter, 1 declare I am the owner or authorized agent of the property at the address written below. Name (Pl se Pridt) l2 TOjT� TSB Address Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 THE CITY" OF At`1 r NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p:m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60lSF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. You afe not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO A Please circle one: In favor of request Neutral to request Opposed to request Comments: "1 'is__r1ReA l Dav�k Z be ixk}CW Sevve �� THE CITY OF a By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. {wnbct2 Tol(JhS Le\a l}u�zv1 UT� VV N T lS`i� l Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 7508&0358 THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60lSF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: To Whom It May Concern, Obviously at the Anna Town Crossings Town Hall meeting that was held a couple of months ago, the developer did not hear everyone objection to changing the zoning for the 2.9 acres at the Leonard Ave and Sharp Street. According to the developer, he was going to take in everyone concerns and make a decision on if the developer should sell the property so that a day care and potential doctor's office could be built on this property. There where may home owners from Anna Town Crossing at this meeting, and not one person gave their approval to go ahead with this proposed zoning change. Every home owner in Anna Town Crossing was told that all commercial buildings are going to be located in the front portion of the property, (located near Highway 5), and all residential property would be located at the back part of the property. That's one of the main reasons we purchased our home here as did other Anna Town Crossing residents. Now the developer wants to sell this piece of property so that a day care facility and doctors office could be built on this property. The traffic that comes through this section of Anna Town Square is crazy in the morning and late afternoon because of the drop off and pick up of children at the element school. In the morning the traffic starts at 6 am and continues to a little after 8 am. In the afternoon, the cars line up on Leonard Ave and onto Sharp Street waiting to pick their children up. Trying to get into and out of Anna Town Square at these time is rather a pain because of this additional school traffic. Now that sections three and four of the Anna Town Square development are starting to have families move into these sections, it is also adding additional daily traffic in the Leonard/Sharp street areas. Across the street from the proposed zoning area change is phase 5 of Anna Town Square. There looks to be almost around 90 additional homes that are going to be built in this section. That could easily add between 90 and 180 additional vehicles in the traffic flow on Leonard/Sharp Street. If the day care facility is built, the day care can accommodate 235 children. There is another potential 235 vehicles that will be added to the already crowded roads inside Anna Town Square. My wife and I live across the street from the proposed zoning chance property, on the corner of Sharp Street and Leonard Ave. It's bad enough that the element school parking lights flood our back yard the entire night. Do you know the parking lights are turned on a little after 5pm and stay lit until around 8 am, through the year? Now if the day care and doctor's offices are built on this piece of property the parking lights from this property will now add to the light pollution from the element school that is flooding our house. This 2.9 acres sits next to the community center/pool. Who would want to spend time at the community center/pool and have to deal with the noise and traffic coming and going throughout the day from the day care center and the doctor's office. My wife has been selling real estate for over twenty years, and we are concerned that our property values will go down because our house will be next to these businesses. The developer can tell us all he wants to that by having a business like the day care center will improve the value of our homes, but he is blowing smoke. What should be done with the property is to have it turn into a park This would be a great addition to the community center/pool. Also, the existing park that is located off Sharp Street, is slowly shrinking because additional houses are being built on the property surrounding the park. Having this 2.9 acres turned into a park would be very beneficial to the community. Thank you, Laura and Anthony Laurienti 1010 Sharp Street, Anna, TX THE CITY OF manna By signing this letter, I declare I am the owner or authorized agent of the property at the address Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday November 4, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should the Planningy and Development Department at 9{ 72� 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request O osed to request Comments: 0 . 2 A,,. 4 - By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. NIT/I Name (Please Print) Signature Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 7508M358 OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: CJ�',� J--pceVP,r�S K-_ ) City/State/Zip: ennn Telephone Number (s): j''jc,�L'�co.' Regarding Agenda Item No Subject: Comments: (Use back if necessary) .J, P & Z Meeting Date: Against Wu 1ess the Chairman and Commission tubers.G-..�_ (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: 5<.olT Cr SN�����Z Address: is l F1 Av`z,� DR City /State /Zip: WN NA T X � S `I �°i Telephone Number (s): �a`d - y a1- a.5S9 Regarding Agenda Item No. '1 A¢ 6 P& Z Meeting Date: i i i 9 Subject: ()For Comments: (Use back if necessary) Z WM' NoT Foe Hl�JS.r�li` CoMr�41���AL, T�� [. pAz A TS 7ld'z. G-rLowS�(r poPuLpisorJ Against TL z AG 2%S �J RN�a r ro St a(� �rN q. AL-soTo 1dpV{ �- W c.aN til iRLh.n � L�aT N4 �( Ul�xLNoo, I�N� Mro(LzZ. 5� lPo`z ar'Vt-` r� z C; TO CW`L Co�ttuN^_i ( Pva� ,o��J `cM`zl�a2( SLNoot �N +�{ QC) I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: � J N Ip���,(, City / State / Zip: Ar �t{a� i , X l Telephone Number (s): ************************************************************************************************ Regarding Agenda Item No. ' P & Z MeetingDate: Subject: OFor �� Against Comments: (Use back if necessary) �1oc IV en i)i r � '�ec�� ************************************************************************************************ `� I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. ************************************************************************************************ • � � s � }- �s �� tr Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: Z2I3 LAJe.Iga�t r,Vfp� City / State / Zip: 1� \V kcA t )C `7Sy/Q t Telephone Number (s): �StQ (12(to 0 - i�70 Regarding Agenda Item No. % P & Z Meeting Date: 0 4/ / Subject: ()For Against Comments: (Use back if necessary) I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. _. , Name: Address: kv{ Lv 'e, C C City / State / Zip: LNCN Telephone Number (s): any-say-�z35! **********************************************************************************+****+********** Regarding Agenda Item No. 1 P & Z Meeting Date: h 14 hC3 Subject: ()For "`Against Comments: (Use back if necessary) ************************************************************************************************ �, I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address :.1 05 L l'r�21 �- City / State / Zip: Telephone Number (s): Regarding Agenda Item N Subject: Comments: (Use back if necessary) P & Z Meeting Date: // ('f Against ************************************************************************************************ (�, I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. ************************************************************************************************ OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: ip 62�1 %442,vu City / State / Zip:�424,a Y T °/5 4n9 Telephone Number (s): Regarding Agenda Item No.16 P & Z Meeting Date: //-4, %py / % Subject: For Comment„s,:`-(LUs�egb�ack if necessary) Against (� I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: L)o City /State /Zip: N&V,n UV [i7 Regarding Agenda Item No. I �`� P & Z Meeting Date: Subject: or ()Against Comments: (Use back if necessary) �cv Kn nr.\, Tpw n �vtL u, ore. dot i cA yto, V015h do �W L 0,bbu,A gVeo.-1 �� I iov (wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Ruc= 1NO2WOS> Address: 113.E (z LS�I Sr City/State/Zip: , 'id 1S�f�i Telephone Number (s): y � U - 54b---�'73� ************************************************************************************************ Regarding Agenda Item No. 7 P & Z Meeting Date: I i I 4 II S Subject: ( For OAgainst Comments: (Use back if necessary) ************************************************************************************************ (� wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) ( ) I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. I�FPi'iL� Address: [[^\u,,�ht� City /State /Zip: Telephone Number (s): '-4 [A>1 6 1,10 311 q I Regarding Agenda Item No. + (1. P & Z Meeting Date Subject (yj For ()Against Comments: (Use back if necessary) :S.S.££i.T.F3.F.T.iR.iT.T.T.i.FT.T.iS.T.TTST.T.T3.TS.T.T.�TST.T.TS.T.T.T.iT.T.T.iT.T.F.iT.T.T.T.T.T.T.ii.TS.T.�TSTSS3SS3.TS.TSTST.TST.T.T.T.�_______ (v)' I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: w/}` t4(f , / "tip RLO Address:&39 City / State / Zip: LtJ�A Telephone Number (s):� Regarding Agenda Item No. —] P & Z Meeting Date: 11 aA _ \ 9 Subject: Against Comments: (Use back if necessary) T� M N,CIA , �� FCC C. W Sz2e(� 1-r0 �G� ���u Tb 4�0\u- ��L' E-k� id*a(`lLC () I wish to address the Chairman and Commission Members. PLEASE LIMIT COMMENTS TO 3 MINUTES) do not wish to address the Chairman and Commission Memb Gers, but do h to register my opinion. OPINION / SPEAKER REGISTRATION FORM Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: Address: / // City / State / Zip: 44 7 /1Xt1m 19r, 47/L/ Telephone Number (s): ��7 dam GC/ Regarding Agenda Item No. P & Z Meeting Date: Subject: Against Comments: (Use back if necessaGr�y) Uv� dD fLQf � l 71 �ra�rl `e ` �� a� 7Dr Co/nfner���1 0 -F All x/t mot' �ii�G/iJ zoned � er: dY(i i%Jis ILI 4 aii is A7 ere".',fe ` J /16��i%9/��/oo� u o1�,—siz✓� �v (�/I1 /yiel �zl! //Ap () I wish to address the Chairman and Commission Members. A, ,(PLEASE LIMIT COMMENTS TO 3 MINUTES) I do not wish to address the Chairman and Commission Members, but do h to register my opinion. Welcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. If you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: /fZP)5 S� Address: Z.II nL4P6" City / State ! Zip: ) rw ft '154d' Telephone Number (s): `O'J T5 104 Regarding Agenda Item No. r P & Z Meeting Date: 1I(qj iTI Subject: ()For Against Comments: (Use back if necessary) py i 1'� wiU ilu((it `lAf ecfeN iu%- +On- SpFT�1 1rA5 t�Q 1e ba5��5t GenCvzJ 6� YL w^� ^S jCh�e\ i� p� kuCAc� C4LOC9 .. ,Ni°CL-t Cal I:. eAj AJI C VJ!e'n ('(i (�f✓'Ql��"-t •� XD '� ScHPe�� j l wall. inc��sc •%a•�'%,t� Co�,� () I wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) '(i,�I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. TI �E CITY OF Aftha NOTICE OF PUBLIC FIEARnvG FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p,m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 0/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wantinra more information should contact the Planning and Development Department at {972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request THE CITY OF Aftifta By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Terry <oAN Ninls Name (P as rint) Signat e a� o i DAA IJ A . Address ►► k kal �g Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 7508M358 THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE:.Request to rezone 2.gt acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972)924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: Pe THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. A VV t T" CPM�rc A'u . �//Sy2P [ — bnvm�` Name (Please t) Signatur / �f> Address Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 �SZ Zj THE CITY OF Anna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of the City of Anna will hold a public hearing on Monday, November 4, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 2.9 acres located at the southwest corner of Leonard Avenue and Sharp Street from Planned Development -Single -Family Residence- 60/Single-Family Townhome (PD-SF-60/SF-TH) to Planned Development -Restricted Commercial District (PD-C-1) with modified development standards. A 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 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 C-1 district is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers: Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. CURRENT ZONING: The existing zoning is PD-SF-60/SF-TH. The SF-60 district is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The SF-TH district is designed to provide for a medium density residential environment of attached townhome units. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request Comments: THE CITY OF Anna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Name (Pleas rint) Signat e LZ/`/ l✓� /'r� c 7' Address Date Please return form to: City of Anna Planning and Development Department POB 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 P.O. Box 860358 Plano, TX 75086-0358 j�//9J-V 7j c- CHILDREN& k HTHOUSE Educational Child Care Mth a cPurpose TRAFFIC STUDY Traffic Study CONCEPT DESIGN MAP a 5r 5 t rYnx 1 5rr � 5 55 NR4A4sA9 5 45 5 l' '�i yL���_ 1 V 5 }fir 1 11 x�y� 5i X 4+Wa•ia•n.�. x t or��y 5 - 55' PF da d [iiaw.Me r+Llirr � •. rrutcasn ,-sas �sr5nr —� ■� nc.r.iy a — 'I _ _ _ J �r.+sPa•u4� L� Harlow Elementary _ CHILDREN15 L G HTH 0 U S E Educational C hifd Care With a t r ose L CU O J 6RAF%C, LE&EMD ■ Traffic Impact Analysis was prepared and accepted by the City in April 2018 ■ Leonard Avenue has just been widened to a 4-lane divided (soon to be opened) — speed limit is 30 miles per hour ■ Sharp Street is now a 37' wide 2-lane undivided road in front of the site — speed limit is 30 miles per hour Traffic Study Traffic Counts at Intersection of Sharp and Leonard: _ CHILDREN5 G HTH 0 U S E Educatio of Chi(d- Care With a €t r ose ■ Existing Conditions (Morning Peak = 369; Afternoon Peak = 113) • Build -Out Conditions Year 2023 (Morning Peak = 555; Afternoon Peak = 179) ■ From Children's Lighthouse (Morning Peak = 25; Afternoon Peak = 25) Traffic from Children's Lighthouse Represents only: 6.3% of Morning Peak and 18.1% of Afternoon Peak in Existing Conditions and �4.3% of Morning Peak and 12.3% of Afternoon Peak in Build -Out Conditions Ch*11dren's lighthouse Family Owned, Founded and Headquartered in Fort Worth, Texas :I CHILDRENS L r„ - HTHOU E Traffic Pattern per Time of Day LEARNING CENTER 1 durgiuui f:Jr+O fin i1'SJJi .i ,ttrr+rtrr I CHILDREN5 L-mf'GHTHOUSE Educational C hifd Care With a t r ose We: Your PM vendor wnll require the below infonrwatian when working with local government authorrbes for parlarrg approvals, CFQLDREMS LL24TFIOLISE typfisllraRic ~ forarrhmi and deparbure atdtiildcwe centw1 ra 11,3M sq. fL buiidln4. Thme Period # of Parldng Slots Used by Teachers@ Times Listed 3 # of Parking Slots Used by Parents[¢ Times L.istml Total # of parking slots being used @ times listed B { 15 minutes) 6:15— 6.30 — 6:45 — 10 25 13 30 7.00 — 5 7A5 — 9 16 25 7:30 — 13 16 Elementary School (7:50) &GO — 19 tl7:45— Secondary School ( 20) 10 31 8:15 — 20 :30 — 21 8:45 — 21 9.00 — 22 10 32 9:15 — 22 5 27 930 — 22 3 25 9.45 — 22 1 23 30 minubes 1t}, 30 — 22 2 24 11:00 — 23 5 28 11:30 — 23 1 24 12: 0 — 23 2 arrive 2 leave 6 — 6 kiave 24 12:30 — 19 4 leave for 0 14 1.00-1:30 m 19 0 19 1:30 — 2:0U m 19 2 anise 2 leave 0 19 2.00 — 2:30 m 19 5 24 2.30 — 3:6C m 25 6 a Elementary Schaal (3.15) 100 — 3:30pm 26 130 — 4:Wvm 15 minutes 26 Secondary Schaal (8:20) 4:00 — 4;15 rn 26 a 34 4:15 — 4;30 m 25 10 35 30 — 4:45pm 25 23 1 10 12 35 4;45 — 5;00 m 35 5:00 — 5:15 m 22 10 32 5:15-5:30m 18 17 35 5:30 — 5:45 m 16 19 35 5:45 — 6:0U m 13 20 33 6:00 — 6:15 rn 10 25 35 6:15 — 6: m 8 5 25 33 26 6:30 21 Curing departure parents may spend an average of 7 to 10 minutes gathering their children's belongings to leave the center_ The children and thie staff would oaoupy a maximum of42 parlung spares at any one time_ Current Zoning Y F. MM: /A r f• � rt II,T A SI UMILM7I ION 1 [ I I%M:LT LUM3 I{i * kkkq khl IAI—il Vh-.4 '4*- i4)1L-%:4r;miK IJMi'm.NJ .4,hON,I low m1' !b -PhDMrr-eY.91P 10%M PIUM I YGM on aA iil wm IJ'.kr Li Au ja-m Lz LgmP 11M k IrIM htrXMj*j MPP41 7EM6. I0 UH IIDWWCPrFl10 ri W IP" JrAl-M4G II-gMrIi+'M 1104L CHILDREN5 GHTHOUSE Educational Child `are With a cftrpose ■ Current Zoning on the eastern portion of the land is Zoned District C (Single Family Transition Zone) and would allow for 5.25 homes per acre. ■ Current Zoning on the western portion of the land is Zoned District D (Town Center Town House Zone) and would allow for 12 Town Houses per acre with a max height of two and half stories (35 ft). DRAWN BY: K.R.G. CHECKED BY: R_P DATE: 06.27.2019 A514PHALT 5HIN6LE5, GAF - ELK (30 YEAR) COLOR : WEATHERWOOD OVER I LAYER ICE & WATER SHIELD ON 5/8" TECH -SHIELD RADIANT BARRIER DECKING HARDIE TRIM WINDOW HEAD (TYPJ 3/4" PORTLAND CEMENT STUCI COLOR: 5W 6141 SOFTER T, AUSTIN STONE OR EQUAL NORTH ELEVATION LOUVERED ATTTIC VENT (V WIDE AT BASE) LOUVERED ATTTIC VENT (V WIDE AT BASE) pw V illill — pa-1 P - kw— " 5TANDIN6 SEAM MTL. ROOF T PANEL BY BERRI06E OR EQUAL (COLOR - DEEP RED) MATTE FIN15H ALL SEASONS 860 SERIES FIXED WINDOW OR PLY&EM 1100 SERIES FIXED WINDOW CLEAR ANODIZED FINISH OR APPROVED EQUAL 5/4" PORTLA14D CEMENT STUCCO COLOR: 5W 6141 SOFTER TAN MILLED BEAM END I" STANDING SEAM MTL. ROOF T PANEL BY 5ERRID6E OR EQUAL (COLOR - DEEP RED) MATTE FINISH 6 X 12 WOOD BEAM 4 X 8 EXPOSED RAFTER5 ALL SEASONS OR PLY6EM FIXED WINDOW CLEAR ANODIZED FINISH OR APPROVED EQUAL OPTIONAL WROUGHT IRON FENCE (REF: A-1.0 FOR (SATE PLACEMENT) AUSTIN STONE OR EQUAL EAST ELEVATION c PREFABRICATED LIGHTHOUSE TOP AT BASE) PORTLAND CEMENT STUCCO COLOR: SH 6141 SOFTER TAN �p �110 i� 4 PREFABRICATED L16HTHOU5E TOP 120 MPH WIND LOAD BY A/& 6LA55 d MIRROR, INC. CONTACT : DAN QUANBECK OR KRI5TAN PH. NO. - (503) 318-0863 NOTE: MANUFACTURER NEEDS TO ENSURE WINDOWS ARE SEALED EFFECTIVELY TO PREVENT AIR FROM LEAKING IN OR OUT. 6:EraQ ASHPHALT SHINGLES, GAF - ELK (50 YEAR) COLOR: AEATHER10012 OVER I LAYER ICE S WATER SHIELD ON 5/8" TEOH-SHIELD RADIANT BARRIER DECKIN6 i NOTE: CONTRACTOR WILL NEED EQUIPMENT AVAILABLE TO UNLOAD THE LIGHTHOUSE FROM THE DELIVERY TRUCK. THE LIGHTHOU5E WILL BE DELIVERED ON A SKID. STONE WATER TABLE NOTES: I. PROVIDE AUSTIN STONE OR EQUAL AS DIRECTED BY CHILDRENS LIGHTHOUSE. CONTRACTOR SHALL ADJUST DETAILS ACCORDIN6 TO THE SIZE OF STONE USED. 2. CHECK TO SEE IF WINDOWS (IF ANY) ARE TO BE COVERED WITH REFLECTIVE BLACK -OUT FILM TO BE SELECTED BY OPMR. 5. PROVIDE EXTERIOR L16HTIN(S AT ENTRY AS SEAGULL L16HTIN6 ITEM 8Q2'1-15E SINGLE LIGHT PIEDMONT FLORESCENT WALL LANTERN HmAaogvIIIIghting. mn WALL LANTERNS OUTDOOR LI(SHTIN(S P6. 23 PREFABRICATED L16HTHOU5E TOP I" 5TANDIN6 SEAM MTL. ROOF T-PANEL BY BERRIDGE OR EQUAL (COLOR - DEEP RED) MATTE FINISH — STUCCO FINISH 5W 6141 SOFTER TAN 3.5:12 4. STANDING SEAM METAL ROOF OPTION - ALL SABLES, EAVES, GUTTERS, RIDGE ROWS, TRANSITIONS, TRAN51TION TRIM AND VALLEY FLASHING TO BE FROM SAME MANUFACTURER. COLOR TO BE NEUTRAL AND SUBMITTED TO FRANCHISE HEADQUARTERS FOR APPROVAL. 5. CONTRACTOR WILL PROVIDE ROOFING VENTILATION OPTIONS. CHILDRENS LIGHTHOUSE FRANCHISE 15 TO APPROVE SELECTION. 6. STUCCO COLOR: SHERWIN WILLIAMS: SW 6141 SOFTER TAN 2 ISSUED FOR PERMIT: ISSUE FOR PRICING: ISSUE FOR CONSTRUCTION REVISIONS: m IL 0 ?i ",iM m n.. Q Zcl)LLJ ~ W D Z Q Z O Q Q U C� ce � D- ce - i I� Q N J SHEET DESCRIPTION EXTERIOR ELEVATIONS SHEET NO. A-4.1 00 a 0 0 I" STANDING SEAM MTL. ROOF T-PANEL BY BERRIDGE OR EQUAL (COLOR - DEEP RED) MATTE FIN15H ALL SEASONS 660 SERIES FIXED WINDOW OR PLY&EM 1100 SERIES FIXED WINDOW CLEAR ANODIZED FIN15H OR APPROVED EQUAL 3/4" PORTLAND CEMENT STUCCO COLOR: SW 6141 SOFTER TAN STANDING SEAM METAL ROOF T-PANEL BY BERRIDGE OR EQU MATTE FINISH -- STONE HATER TABLE AUSTIN STONE OR EQUAL — 3/4"PORTLAND CEMENT 5TUCCO COLOR: SW 6141 SOFTER TAN SOUTH ELEVATION T AUSTIN STONE COLUMN - STONE GAP ALUM. ENTRY DOOR — (STOREFRONT - CLEAR ANODIZED) BUILDING MATERIAL TABLE BY S.F./ % ELEVATION STONE (5.F./ %) STUCCO (5.F./ %) SOUTH ELEV. 631 5.F./ 65% 344 5.F./ 35% NORTH ELEV. 525 S.F./ 51% 'I15 5.F./ bq% EAST ELEV. 216 5.F./ 55% 266 S.F./ 4-7% NEST ELEV. 552 S.F./ 41% 494 S.F./ 59% TOTAL BUILDING S.F)%: 1615 S.F./ 41% 1552 S.F./ 55% A5HPHALT SHINGLES, GAF - ELK (30 YEAR COLOR : WEATHERWOOD OVER I LAYER ICE $ WATER SHIELD ON 5/5" TECH -SHIELD RADIANT BARRIER DECKIN6 WEST ELEVATION 12 6 PREFABRICATED LIGHTHOUSE TOP LOUVERED ATTTIG VENT (10' WIDE AT BASE) 3/4" PORTLAND CEMENT STUCCO COLOR: 5W (2141 SOFTER TAN PRO-EGTED STONE BAND � i X 12 WOOD BEAM HARDIE TRIM DECORATIVE LIGHT FIXTURE 2 X 6 WOOD FASCIA TYPICAL X 6 WOOD KING POST =a-Bwl _ 5.5:12 - — — — — - — _ _ p DECORATIVE LIGHT FIXTURE TYPICAL PREFABRICATED LIGHTHOUSE TOP 120 MPH WIND LOAD BY A/& GLASS $ MIRROR, INC. CONTACT: PAN 0UAN5ECK OR KRISTAN PH. NO. - (505) 318-0863 NOTE: MANUFACTURER NEEDS TO ENSURE WINDOW5 ARE SEALED EFFECTIVELY TO PREVENT AIR FROM LEAKING IN OR OUT. ■■■ 1 FEE ME FEW EN ■■■ C STONE WATER 5/4" PORTLAND CEMENT STUCCO COLOR: SW 6141 SOFTER TAN OVERFRAMING TRUSSEE, I A-5.1 LOUVERED ATTTIC VENT (6' WIDE AT BASE) — —��—I _ _ NOTE: CONTRACTOR WILL NEED EQUIPMENT AVAILABLE TO UNLOAD THE LIGHTHOUSE FROM THE DELIVERY TRUCK. THE LIGHTHOUSE WILL BE DELIVERED ON A SKID. A514PHALT 5HIN6LE5, 6AF - ELK (30 YEAR) COLOR : V`EATHERWOOD OVER I LAYER ICE 8 WATER SHIELD ON 5/5" TECH -SHIELD RADIANT BARRIER DECKING OPTIONAL WROUGHT IRON FENCE (REF: A-1.0 FOR SATE PLACEMENT) STONE WATER SCALE:9/1(r=1'4Y 1 1 V STANDING SEAM MTL. ROOF T-PANEL BY BERRASE OR EQUAL (COLOR - DEEP RED) MATTE FIN15H _L SEASONS 560 SERIES FIXED WINDOW OR PLYGEM 1100 5ERIE5 FIXED WINDOW OR APPROVED EQUAL CLEAR ANODIZED FINISH 5/4" PORTLAND CEMENT STUCCO COLOR: 5W 6141 SOFTER TAN BEAMS HARDWAIRE THROUGH SECURITY 5Y5TEM COMPANY. SSE PROCARE SOFTWARE I-500-964-1129 KNOX BOX AUSTIN STONE COLUMN SCAL@ 9)19'-1'4Y I 2 NOTES: I. PROVIDE AUSTIN STONE OR EQUAL 4. STANDING SEAM METAL ROOF OPTION - ALL GABLES, EAVE5, AS DIRECTED BY CHILDREN5 LIGHTHOUSE. CONTRACTOR SMALL GUTTERS, RIDGE ROWS, TRANSITIONS, TRANSITION TRIM AND ADJUST DETAILS ACCORDING TO THE SIZE OF STONE USED. VALLEY FLASHING TO BE FROM SAME MANUFACTURER. COLOR TO BE NEUTRAL AND SUBMITTED TO FRANCHISE 2. CHECK TO SEE IF WINDOW5 OF ANY) ARE TO BE COVERED WITH HEADOUART9R5 FOR APPROVAL. REFLECTIVE BLACK -OUT FILM TO BE SELECTED BY OYCER. S. PROVIDE EXTERIOR LIGHTING AT ENTRY AS SEAGULL LIGHTING S. CONTRACTOR WILL PROVIDE ROOFING VENTILATION OPTIONS. ITEM 892T-ISE SINGLE LIGHT PIEDMONT FLOURE56ENT CHILDRENS LIGHTHOUSE FRANCHISE 15 TO APPROVE SELECTION. WALL LANTERN 6. STUCCO COLOR: SHERWIN WILLIAMS: SW 6141 SOFTER TAN wwwso IIIIghtIngaom WALL LANTERNS OUTDOOR LIGHTING P6. 25 DRAWN BY: K.R.G. CHECKED BY: R.P.G. DATE: 06.27.2D19 ISSUED FOR PERMIT: ISSUE FOR PRICING: ISSUE FOR CONSTRUCTION: REVISIONS: m Jw 0 m 3 N ° 0 L W r n.. `co W x Z v! W D Q Z O Q Q U C'� a f Q = / mi 06.27.2D19 SHEET DESCRIPTION EXTERIOR ELEVATIONS SHEET NO. A-4.0 THE CITY OF AiAtia AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 12/10/2019 Discuss/Consider/Action on an additional amendment to the Construction Contract with Lee Lewis Construction for the Municipal Complex and any additional necessary action. (Public Works Director Greg Peters) SUMMARY: Lee Lewis Construction has completed the bidding process with their subcontractors for Phase 2 of the Municipal Complex construction. Attached is a Resolution to authorize an amendment to the existing contract with Lee Lewis to include Phase 2 of the project, which includes construction of the Fire Station, Municipal Building, and associated exterior improvements. Approval of this item will authorize full construction of the project. STAFF RECOMMENDATION: Staff recommends approval of a Resolution authorizing the City Manager to fund the Municipal Complex Building Construction Phase 2 as identified in Exhibit "A" of the executed AIA A133- 2009 contract by and between the City of Anna, Texas and Lee Lewis Construction, Incorporated, for the Municipal Complex for the City of Anna, as shown in Exhibit "'I" attached hereto and providing for an effective date. ATTACHMENTS: Description Upload Date Type Resolution - Phase 2 Municipal Complex 12/6/2019 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO FUND THE MUNICIPAL COMPLEX BUILDING CONSTRUCTION PHASE 2 AS IDENTIFIED IN EXHIBIT A OF THE EXECUTED AIA A133-2009 CONTRACT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND LEE LEWIS CONSTRUCTION, INCORPORATED, FOR THE MUNICIPAL COMPLEX FOR THE CITY OF ANNA AS SHOWN IN EXHIBIT "1" ATTACHED HERETO AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna contracted with Lee Lewis Construction, Incorporated to be the Construction Manager for the Municipal Complex for the City of Anna; and, WHEREAS, the Construction Manager has completed a bid process and sub -contractor selection for the Municipal Complex Building Construction Phase 2; and, WHEREAS, the Municipal Complex Construction Project is listed as a capital improvement project in the City of Anna's Capital Improvement Plan; and, WHEREAS, the Phase 2 construction phase budget is included as a component of the overall Guaranteed Maximum Price (GMP) for the project; and, WHEREAS, Municipal Bond Funds shall be used to fund the project; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contracts and Funding. That the City Manager is hereby authorized to fund the Phase 2 services as shown in Exhibit A of the executed AIA A133-2009 Contract, as shown in Exhibit 1" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this loth day of December 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY OF Aifttia AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 12/10/2019 Discuss/Consider/Act on a Resolution awarding the Municipal Complex Sanitary Sewer Construction Project (Public Works Director Greg Peters) SUMMARY: The Municipal Complex Sanitary Sewer Construction Project is a major sewer rehabilitation and expansion project located in downtown Anna. The project is required for the construction of the new municipal facilities downtown. While the project is required for the Municipal Complex, it also benefits properties along Interurban Street which will also sewer to the new main that will be constructed. The project increases capacity of the existing collection system and replaces old sewer pipes which are undersized and in poor condition. The project is included in the City's Capital Improvement Program and is funded through Bond Funds. The City held a public competitive bid process in accordance with the Texas Local Government Code and opened bids on December 5, 2019. Seven bids were received for the project. Staff is bringing this project forward for Council consideration immediately so that construction can commence as soon as possible. Due to the short turnaround time between the bid opening and the City Council meeting, staff has prepared a resolution authorizing the City Manager to award the project to the lowest qualified bidder in an amount not to exceed the budgeted amount of $365,000.00. Staff is working with the design engineer, Birkhoff, Hendricks, and Carter, LLC, to review and tabulate the bids and contact references for the bids received. Once the bid review is complete, the attached resolution would allow the City Manager to formally award the project to the lowest qualified bidder. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approval of a Resolution authorizing the City Manager to award the Municipal Complex Sanitary Sewer Construction Project to the lowest qualified bidder in an amount not to exceed three hundred sixty-five thousand dollars and zero cents ($365,000.00); and providing for an effective date. ATTACHMENTS: Description Upload Date Type Resolution 12/6/2019 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO AWARD THE MUNICIPAL COMPLEX SANITARY SEWER CONSTRUCTION PROJECT TO THE LOWEST QUALIFIED BIDDER IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($365,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Municipal Complex Sanitary Sewer Construction Project is listed as a capital improvement project in the City of Anna's Capital Improvement Plan; and, WHEREAS, the proposed sanitary sewer improvements are required for the construction of the Municipal Complex and to improve sewer collection in the downtown area; and, WHEREAS, the project was publicly advertised and bid in accordance with Texas Local Government Code §252.021; and, WHEREAS, seven bids were received and read aloud at City Hall on December 5, 2019; and, WHEREAS, the project budget was identified to be $365,000.00; and, WHEREAS, City staff and the design engineer Brinkhoff, Hendricks, and Carter, LLC are reviewing the references and bid tabulations to identify the lowest qualified bidder; and, WHEREAS, Municipal Bond Funds shall be used to fund the project in an amount not to exceed $365,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contracts and Funding. That the City Manager is hereby authorized to execute a contract with the lowest qualified bidder in a form approved by the City Attorney and fund the project using Municipal Bond Funds in an amount not to exceed $365,000.00. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this loth day of December 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY OF Aifttia AGENDA ITEM: Item No. 12. City Council Agenda Staff Report Meeting Date: 12/10/2019 Discuss/Consider/Action on a Resolution of the City of Anna, Texas authorizing the City Manager to execute a purchase sale agreement for the purchase of 0.202 acres of real property to be designated as public right-of-way for the construction of West Foster Crossing Road as shown in Exhibit "A' attached hereto, in the amount not to exceed thirty five thousand dollars and zero cents ($35,000.00) in a form approved by the City Attorney; and providing for an effective date. (Public Works Director Greg Peters) SUMMARY: West Foster Crossing Road is included in the City of Anna Capital Improvement Plan and is shown on the City of Anna Thoroughfare Plan as a Major Collector Street (exhibit A attached). The developer constructing Phases 2-4 of Pecan Grove is seeking to construct the northern half of West Foster Crossing Road along the Pecan Grove development (exhibit "B" attached). The developers have dedicated the required right-of-way for their portion of the frontage. This item is for the acquisition of a segment of right-of-way in between Pecan Grove Phase 2 and Phase 4, which is owned by a separate private property owner. The developers of Pecan Grove have negotiated for the purchase of the property by the City in an amount totaling $35,000.00. In addition, the developers will be responsible for replacing the property owner's fence, mailbox, and gate. Road construction is set to begin in early 2020, and as such it is important to complete the purchase of the needed right-of-way. The purchase will be funded through Roadway Impact Fee funds, which the project is eligible for. The City will contract with a title company to complete the necessary title search, preparation of a title commitment, and to complete the closing process. The purchase sale agreement was drafted by the City Attorney for this item. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approval of a resolution of the City of Anna, Texas authorizing the City Manager to execute a purchase sale agreement for the purchase of 0.202 acres of real property to be designated as public right-of-way for the construction of West Foster Crossing Road as shown in Exhibit "A" attached hereto, in the amount not to exceed thirty five thousand dollars and zero cents ($35,000.00) in a form approved by the City Attorney; and providing for an effective date. ATTACHMENTS: Description Resolution Exhibit A - Thoroughfare Plan Exhibit B - Engineering Plan Purchase Sale Agreement with Resolution Upload Date Type 12/5/2019 Resolution 12/5/2019 Exhibit 12/5/2019 Exhibit 12/5/2019 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE SALE AGREEMENT FOR THE PURCHASE OF 0.202 ACRES OF REAL PROPERTY TO BE DESIGNATED AS PUBLIC RIGHT- OF-WAY FOR THE CONSTRUCTION OF WEST FOSTER CROSSING ROAD AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED THIRTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($35,000.00) IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the West Foster Crossing Road Project is listed as a capital improvement project in the City of Anna's Capital Improvement Plan and is shown on the City's Master Thoroughfare Plan; and, WHEREAS, the proposed purchase of right-of-way is necessary for the construction of West Foster Crossing Road: and, WHEREAS, the City shall utilize the services of a Title Company to perform a title search, prepare a title commitment, and prepare closing documents for the transaction; and, WHEREAS, Roadway Impact Fees shall be used to fund the purchase of the property in an amount not to exceed $35,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Agreement and Funding. That the City Manager is hereby authorized to execute a purchase sale agreement in a form approved by the City Attorney and fund the purchase using Roadway Impact Fee Funds in an amount not to exceed $35,000.00. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this loth day of December 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit "A" (see following pages) 110 +i IIIIII F� III c ' rcF Z / D � � O i y ry A ..o o A a ti C 0 D a z 0 N e ci = o No," O oGc oam mZ 0m� z ■.....0. Iq �,. m ' I m m a pow R ex TRANSITION 20' TRANSITION PVMT �eR FENCE PROFILE GRADE POST 1/4"/FT 0 20 40 80 0 EX70 SECTION A -A SCALE: 1'' = 40' > 5 REMOVE EXISTING O 4 TEMPORARY CONCRETE Ex704.9 PRIVATE DRI E TO BE REMOVED 3 2 1 DRIVEWAY CONNECTIO W AFTER BEIN RELOCATED AS SH WN V) 5 6 7 8 9 N TP703.5 1 2 3 4 INSTALL 267 SY REMOVE CULVERT Q 1 6" REINFORCED TP703.3 / 1 CONC. 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PVMT. 4 BARS /a O O O 10' 6" - 3600 ps REINF.----- CONIC'PVMT. 3 BARS 18" O.C.B.W, \ �L llLL J- �'��Lr1Trlr ull --- 1/4"/ T - 18" O.C.B.W. 10 Double Type II A -A rr 1 /a 4" Raised Pavement Marker �rrrnrlZlI!1 CI1L___- ifrlTnrllru . - - - - - - - - - - - - - 20' (Yellow) 10 on center Li~�-Lrr1r�,Ti - - - - - - IITITII 7�;, TI nr Tj 5' SIDEWALK ®1L; NOTE: 6 LIME SUBGRADE PER CITY STANDARDS TWO WAY TRAFFIC BUTTON DETAIL ®® CITY OF ANNA SHALL BE PRESENT FOR LIME SERIES TEST. BASE BID 40*/SY. 6" LIME SUBGRADE THE RESULTS OF TEST SHALL BE SUBMITTED TO THE CITY NOTE: NITS ' PRIOR TO LIME STABILIZATION TAKING PLACE. TYPICAL PAVEMENT (25' B-B) EXISTING NORTH COLLIN SUD WATER LINE ON CONCRETE TRANSITION NORTH SIDE OF EXISTING FOSTER CROSSING MUST N.T.S. BE RELOCATED. 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BELMONT, SUITE E ao r M ALLEN, TEXAS 75013 (972)396-1200 � o TBPE FIRM +5951 DEVELOPMENT PLANO FOR r, cfl + F.- LIDa- PECAN GROVE ' Lo PHAsE II 255' VC Oo 0 N Ln ANNA mDXAO k-80.9 0 THIS DOCUMENT IS , 40 mph Design S peed RELEASED for transitio c� � PURPOSE OF�NTER M ~ ~ REVIEW UNDER THE AUTHORITY OF BRANDON FOSTER CROSSING DAVIDSON, P.E. *87682. IT SHALL NOT BE USED FOR CONSTRUCTION PURPOSES. DRAWN BY DESIGNED BY CHECKED BY SHEET NO. 3 JOB NUMBER DATE SCALE: HOR= 1"-40' 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 16063 1 OCTOBER 2019 VER- V-4' 0 20 40 80 SCALE: 1" = 40' 2 3 4 5 6 -----__ i ---- I SAWCUT AND REMOVE 89 SY I 1 CONC. DRIVE INSTALL 110 LF REMOVE 2,280 SY EXISTING ASPHALT TIE TO EX DRIVE �e i I 1 12+18.49 CR LT PVG. STA 1 +69.00 INSTAL 475 LF ALK DOUBLE 4" ELLOW PAVEMENT WITH FIRST PHASE OF D ' ' • INSTALL 243 LF 1 TC 702.77 CONST.10' URB INLET 5 SIDE CENTERLINE AND TWO W STRIPE Y TRAFFIC CONSTRUCTION e • e • TP 712.8 WHITE GE LINE i T.C. 702.6 F.L. 698 702. 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U _ _ _ _- _ _ _. 00 � � _ - �_ 710 d 04 _ � - II�n(0 7'---------- - -- OLn "4: O O 7 � OM 0O + 0000 N+U ON r N E N O I- OO L0 N rM +0 U ' p) U 7-05705 N ' U +E � - + U HLLJ.. + UO + _ U- - ---__=--- _.._.._.._.N F _. _......../ . _ .. ..- - - = S=-O.70% 0 on 700 ~ `0 N O OU J H 695 Co N O u U 22 00 N CORWIN ENGINEERING, INC. 0 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 (972)396-1200 TBPE FIRM +5951 DEVELOPMENT PLANO FOR PECAN GROVE 00 co co 0 O PHASE II c0 N O r� O O N cc O Co O I� O N O ANNA, TBXAO THIS DOCUMENT IS RELEASED FOR THE U U U U U U U U U PURPOSE OF INTERIM ~ ~ ~ ~ ~ ~ ~ ~ ~ REVIEW UNDER THE AUTHORITY OF BRANDON FOSTER CROSSING DAVIDSON, P.E. *87682. IT SHALL NOT BE USED FOR CONSTRUCTION PURPOSES. DRAWN BY DESIGNED BY CHECKED BY SHEET NO. 4 JOB NUMBER DATE SCALE: HOR= 1"-40' 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 16063 OCTOBER 2019 VER: V-4' CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE SALE AGREEMENT FOR THE PURCHASE OF 0.202 ACRES OF REAL PROPERTY TO BE DESIGNATED AS PUBLIC RIGHT- OF-WAY FOR THE CONSTRUCTION OF WEST FOSTER CROSSING ROAD AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED THIRTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($35,000.00) IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the West Foster Crossing Road Project is listed as a capital improvement project in the City of Anna's Capital Improvement Plan and is shown on the City's Master Thoroughfare Plan; and, WHEREAS, the proposed purchase of right-of-way is necessary for the construction of West Foster Crossing Road: and, WHEREAS, the City shall utilize the services of a Title Company to perform a title search, prepare a title commitment, and prepare closing documents for the transaction; and, WHEREAS, Roadway Impact Fees shall be used to fund the purchase of the property in an amount not to exceed $35,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Agreement and Funding. That the City Manager is hereby authorized to execute a purchase sale agreement in a form approved by the City Attorney and fund the purchase using Roadway Impact Fee Funds in an amount not to exceed $35,000.00. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10t" day of December 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit "A" (see following pages) CONTRACT FOR SALE OF REAL PROPERTY This Contract for Sale of Real Property (this "Agreement") is made on the day of 2019 by and between Jackie D. Thornhill and Joyce Thornhill who reside at 704 W Foster Crossing Rd, Anna, Texas 75409 (collectively, "Seller"), and the City of Anna, Texas, a home -rule municipality located at 111 N. Powell Parkway, Anna, Texas 75409 (the "City"). Recitals Seller is the owner of .202 acres of real property located in the Collin County, Texas, out of the R. C. Ingraham Survey, Abstract No. 464, and being more particularly described in Exhibit A (the "Property"). Seller desires to sell and the City desires to purchase the Property in fee simple on the terms stated below, with conveyance to be made by general warranty deed. The effective date of this Agreement is the date first stated above (the "Effective Date"). Therefore, Purchaser and Seller contract as follows: Section I. Purchase Price The purchase price of the Property is $35,000 (the "Purchase Price") Section II. Terms of Payment On the execution of this Agreement, the City or Seller may deliver a copy of same to Red River Title Company at 805 W. White St. #300, Anna, Texas 75409 (the "Title Company"). At Closing (as defined in Section VI of this Agreement), the City will pay the full amount of the Purchase Price to Seller with the passing of title of the Property to the City as specified in this Agreement. The Purchase Price shall be paid in U.S. dollars in the form of a cashier's check or other form acceptable to Seller. Seller shall be solely responsible to timely pay or cause to be paid all 2019 ad valorem taxes and all previous years' ad valorem taxes on the Property. Section III. Survey Not later than 20 days after the execution of this Agreement, the City, at its sole cost, will furnish Seller and the Title Company with an updated survey of the Property. The survey shall be a current on -the -ground survey that substantially complies with the requirements of a Category 1A, Condition I or II (as applicable) survey in the Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of Professional Land Surveying, as amended, and shall be adequate to enable the Title Company to delete the survey exception in the Title Policy (except for "shortages in area"), at the City's expense. Seller shall cooperate with the City in all reasonable ways to allow the City to conduct the City, including without limitation providing for entry onto the Property (and adjacent areas owned by Seller) by the City or its contractors for the purpose of conducting said survey. Section IV. Titles and Title Investigation Title Commitment. Within 10 days of receipt of the survey, the title officer shall have examined the abstracts covering the Property and shall have furnished: (1) the City with a Title Commitment for title to the Property and legible copies CONTRACT FOR SALE OF REAL PROPERTY PAGE 1 of the instruments referenced in said Title Commitment. "Title Commitment" means a Commitment for Issuance of a Title Policy, stating the condition of title to the Property. The "effective date" stated in the Title Commitment must be after the Effective Date of this Agreement. "Title Policy" means an Owner Policy of Title Insurance issued by Title Company, in conformity with the last Title Commitment delivered to and approved by the respective parties to this Agreement. The City shall pay all costs associated with any Title Commitment issued to the City under this Agreement. Title Objections. Within 10 days of the date that the City receives the Title Commitment ("Title Objection Deadline") the City shall have reviewed the Title Commitment and City Survey and notify Seller and Title Company of its objections to any of them ("Title Objections"). The City will be deemed to have approved all matters reflected by the Title Commitment to which the City has made no Title Objection by the Title Objection Deadline. The matters that the City either approves or is deemed to have approved are "Permitted Exceptions." If the City notifies Seller of any Title Objections, Seller has 10 days from receipt of the Title Objections to notify the City whether Seller agrees to cure the Title Objections before Closing ("Cure Notice"). If Seller does not timely provide its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, the City may, within five days after the deadline for the giving of the Cure Notice (said five-day period being referenced herein as the "City Notice Deadline"), notify Seller that either this Agreement is terminated or the City will proceed to close, subject to such objections, which the City shall accept and to which Seller has no responsibility to cure. Section V. Additional Compensation 1. It is anticipated that the City's use of the Property will disturb or result in the removal of an existing fence and mailbox on the Property. To the extent that occurs, this Section V shall apply and be binding on the City. In addition to the Purchase Price, the City agrees to perform the following work on land that is on or contiguous to the Property, solely to include: (1) replacement of a fence 225 feet in length with the installation of an access gate with key pad; and (2) replacement of an existing mailbox. The fence once replaced shall be comparable to the existing fence and shall be composed of the following materials and installed as follows: white poly split rail fence. The mailbox once replaced shall be comparable to the existing mailbox. The replaced fence and mailbox shall be installed approximately in the locations as shown in Exhibit B. The City shall replace the existing fence within 90 days after it is removed by the City. The City shall replace the existing mailbox within 90 days after it is removed by the City. The City may install temporary fencing and a temporary mailbox during construction as required to ensure mail service and security of the property are maintained during construction. Once replaced, the City shall have no obligation to repair or maintain the fence or mailbox and Sellers shall accept the fence and mailbox, once replaced, 2. SELLER UNDERSTANDS AND ACKNOWLEDGES THAT ONCE THE FENCE AND MAILBOX ARE REPLACED IN ACCORDANCE WITH PARAGRAPH 1, ABOVE, SELLER WILL ACCEPT SAME WITHOUT RECOURSE, REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY AND SAME SHALL BE ACCEPTED BY SELLER AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH THE CITY HEREBY DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS. SELLER HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT THE CITY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY, CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE FENCE AND/OR MAILBOX. UNDER NO CIRCUMSTANCES SHALL THE CITY'S CONTRACTUAL OBLIGATIONS UNDER THIS SECTION V BE INTERPRETED AS: (1) A CONDITION OF CLOSING ON THE PROPERTY; OR (2) AFFECTING IN ANY MANNER THE CITY'S TITLE TO THE PROPERTY UPON OR AFTER CLOSING ON THE PROPERTY. Section VI. Closing of Title The Closing of the purchase and sale of the Property under this Agreement ("Closing") shall occur on or before the expiration of 20 days after the City Notice Deadline or another date as may be mutually agreed to in writing by the CONTRACT FOR SALE OF REAL PROPERTY PAGE 2 City and Seller; provided, however, that Closing shall occur on or before January 31, 2020 or this Agreement shall terminate. Each party shall pay their own closing costs and attorney fees in this transaction. Section VII. Miscellaneous 1. Notices. Any notice required by or permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. To the City: City Manager City of Anna, Texas 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Seller: Jackie D. Thornhill and Joyce Thornhill. 704 W Foster Crossing Rd Anna, Texas 75409 2. Entire Contract. This Agreement, together with its recitals, exhibits, and any documents required to be delivered at Closing constitute the entire agreement of the parties concerning the purchase and sale of the Property. There are no oral representations, warranties, agreements, or promises pertaining to the subject of this Agreement not incorporated in writing in this Agreement. 3. Amendment. This Agreement may be amended only by an instrument in writing signed by all parties. 4. Assignment. This Agreement shall not be assigned by either party without the other party's written consent for assignment to a specific buyer. 5. Survival. The obligations of this Agreement that cannot be performed before termination of this Agreement or before Closing will survive termination of this Agreement or Closing, and the legal doctrine of merger will not apply to such obligations. 6. Choice of Law; Venue; Alternative Dispute Resolution. This Agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Exclusive venue for any dispute arising under, in connection with, or in any manner related to this Agreement is in Collin County, Texas. Time permitting, the parties will submit in good faith to a nonbinding alternative dispute resolution process before filing a suit concerning this Agreement. The parties shall not under any circumstances be required to submit any dispute to arbitration. CONTRACT FOR SALE OF REAL PROPERTY PAGE 3 7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare or delays declaring a default or delays taking any other action with respect to the default. 8. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Agreement. 9. Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction finds that any provision of this Agreement is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. 10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this Agreement. 11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special relationship. 12. Counterparts. If this Agreement is executed in multiple counterparts, all counterparts taken together will constitute this Agreement. 13. Confidentiality. The parties will keep confidential this Agreement, this transaction, and all information learned in the course of this transaction, except to the extent disclosure is required by law or court order or to enable third parties to advise or assist Buyer to investigate title or either party to close this transaction. 14 Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Agreement, or brought relating to the transaction contemplated by this Agreement, will be entitled to recover, from the non -prevailing party, court costs, reasonable attorneys' fees and all other reasonable related expenses. 15. Contract as Offer. The execution of this Agreement by the first party to do so constitutes an offer to purchase or sell the Property. If the other party does not accept that offer by signing this Agreement and delivering a fully executed copy to the first party within ten (10) days after the date this Agreement is executed by the first party, then the first party may withdraw that offer by delivering a written notice to the other party. 16. Commission. The parties hereby represent to each other that neither has entered into any agreement or understanding that would give rise to a real estate commission being owed in connection with this Agreement or the conveyance of the Property, and each of the parties shall indemnify and hold the other harmless against any commission, payment, interest or participation claimed on account of this Agreement with any party under any alleged agreement or understanding entered into on that party's behalf with the person or entity claiming the commission, payment, interest or participation. 17. CONDITION OF PROPERTY. THE CITY UNDERSTANDS AND ACKNOWLEDGES THAT IF IT CLOSES ON THE PROPERTY IT WILL ACCEPT THE PROPERTY WITHOUT RECOURSE, REPRESENTATION OR WARRANTY (EXCEPT AS SPECIFICALLY SET OUT IN THIS AGREEMENT) OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY AND JOINDER IS SELLING THE PROPERTY AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH SELLER HEREBY DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS. THE CITY HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY, CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY. CONTRACT FOR SALE OF REAL PROPERTY PAGE 4 In witness of their agreement, the parties have executed this Agreement on the date(s) shown below. [REMAINDER OF PAGE LEFT BLANK. SIGNATURE PAGES FOLLOW.] CONTRACT FOR SALE OF REAL PROPERTY PAGE 5 THE CITY OF ANNA, TEXAS By: Printed Name: Title: Date: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared 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 and on behalf of Notary Public, State of Texas SELLER By: Jackie D. Thornhill STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared Jackie D. Thornhill 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 for the purposes expressed therein. Notary Public, State of Texas By: Joyce Thornhill STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared Joyce Thornhill known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes expressed therein. Notary Public, State of Texas CONTRACT FOR SALE OF REAL PROPERTY PAGE 6 Title Company Receipt Title Company acknowledges receipt of a copy of this Agreement executed by both Buyer and Seller. Red River Title Company BY: Printed Name: Title: Date: .2019. CONTRACT FOR SALE OF REAL PROPERTY PAGE 7 Exhibit A EXHIBIT "A" RIGHT-OF-WAY DEDICATION JACKIE & JOYCE THORNHILL BEING a tract of land situated in the R. Ingraham Survey, Abstract No. 464, City of Anna, Collin County, Texas, being a portion of a tract conveyed to Jackie & Joyce Thornhill according to the deed recorded in Doc. No. 96-0052603 of the Deed Records, Collin County, Texas (DRCCf), with the subject tract being more particularly described as follows; BEGINNING at the northwest corner of the subject tract; THENCE, N 89°55'20" E a distance of 218.74 feet, to a point from which a Y:" iron rod found at the southeast corner of a tract of land conveyed to ATC No. 9/SHRP Commercial Ltd. according to the deed recorded in Doc. No. 20151021001332960, DRCCT bears S 83°51'45" E a distance of 349.29 feet, also being in the north right-of-way line of West Foster Crossing Road; THENCE, S 00-43-52" W a distance of 40.01 feet, to a Yz" iron rod found at the southwest corner of the said ATC No.9/SHRP tract; THENCE, along the said right-of-way, S 89°54'37" W a distance of 220.17 feet, to the southeast corner of a tract of land conveyed to Pecan Grove Phase II, Ltd according to the deed recorded in Doc. No. 20170111000048510, DRDCT; THENCE, departing the said right-of-way and following the east boundary line of the said Pecan Grove Phase II, Ltd tract, N 02°46'28" E a distance of 40.10 feet, to the POINT OF BEGINNING with the subject tract containing8,784 square feetorO.202 acres of land. SSPIRRI3 PAGE 1 OF 2 kBLE WIDTH R.O.W. DEDICA R. INGRAHAM SURVEY, A-464 CITY OF ANNA COLLIN COUNTY. TEXAS P �D-AtRRREN K. BROWN \Q- 5252 6 DARREN K. BROWN, R.P.L.S, 5252 CONTRACT FOR SALE OF REAL PROPERTY PAGE 8 Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (2011). 9 O � 8 Pecan Gro�ro f'Iwe n Pecan Grome Malls 14 Ltd. Dec. No. DKCGT 1 6 I N Or46W E 40.10'---" RA.W. Vddldd 0.202 Ac. (8,784 S.F.) 100 0 50 100 200 T10 1 inch = 100 ft. 112 13 14 15 16 -'* R...._ _ - 11 � �'^S 17 0 12 f°eean Cx+otins Pfasls N Ar TB/SHRP Commet+, Ltd 13 PO& Np, DR,CCT 14 15 20 21 1 Jaddo & J1cyw TharMI Dac. Na 9&(XR%WM 22 DK= N CRY 01 -char E — zw.74 00'-m>x n - -.v�vi 6 5 4 3 2 1 OF 41� 1 `S TeRFF-f o v PAGE 2 OF j DARREN K. BROWN S P I A R S VARIABLE WIDTH R.O.W. DEDICATIO �� ES52a� �o ENSINEERINOk%'qkhL R. INGRAHAM SURVEY, A-464 SUR�� QrewnE Checked:' ' ScelePL Xa�ate'oo•,loti Na. CITY OF ANNA IG OKB I 1" = 100' 1/18/19 1 18-055 CO LLIN COUNTY, TEXAS DARREN K. BROWN, R.P.L.S. 5252 p G:\2—'—\19-055 Pecon PD1.\CND\Eo---\1®te1 —M, HAW &d—.' — By 1 .1— —nme: 1/i B/?➢19 42H55 PM Platted by: 19mh— Plet Dace: 1/18/2019 -5 PM CONTRACT FOR SALE OF REAL PROPERTY PAGE 9 Exhibit B CONTRACT FOR SALE OF REAL PROPERTY PAGE 10 THE CITY OF AiAtia AGENDA ITEM: Item No. 13. City Council Agenda Staff Report Meeting Date: 12/10/2019 Discuss/Consider/Action to fill vacancy on EDC/CDC. (City Secretary Carrie Smith) SUMMARY: Raul Hernandez tendered his resignation on November 12, 2019, leaving an un-expired term for Place 6 vacant. Place 6 expires in June 2020. STAFF RECOMMENDATION: Provide direction to staff.