HomeMy WebLinkAboutCDCpkt2017-03-02AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, March 2, 2017 @ 5:00 PM
COMMUNITY Anna City Hall, Council Chambers
DEVELOPMENT
CORPORATION 111 N. Powell Parkway, Anna, Texas 75409
The Anna Community Development Corporation will conduct a meeting at 5:00 PM on
March 2, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
Call to Order, Roll Call and Estabilishment of Quorum
2. Invocation and Pledge
3. Consider/Discuss/Action regarding accepting John Houcek's resignation from the
board.
4. Consider/Discuss/Action regarding electing a president for the Anna Community
Development Corporation.
5. Consider/Discuss/Action regarding accepting Sherilyn Godfrey's resignation as
secretary.
6. Consider/Discuss/Action electing/appointing a new secretary for the Anna
Community Development Corporation.
7. CLOSED SESSION (EXECEPTIONS)
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072)
b. Consult with legal counsel 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);
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial
information that the Board of Directors has received from a business
prospect that the Board of Directors seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the
Board 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); discuss business park property.
8. Consider/Discuss/Action regarding approving the language for the Planned
Development for the Anna Business Park.
9. Consider/Discuss/Action reviewing and approving the preliminary plat for the Anna
Business Park.
10. Consider/Discuss/Action regarding approving a resolution authorizing the
expenditure of funds to install two (2) signs on the Anna Business Park property to
promote the park site as well as offer contact information.
11. Consider/Discuss/Action approving minutes from February 2, 2017.
12. Adjourn.
This is to certify that I, Jessica Perkins, Chief Administrative Officer, 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 February 27, 2017.
Jessica Perkins, Chief Administrative Officer
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in
this agenda. The Corporation reserves the right to retire into closed session concerning any of the
items listed on this agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act. Disabled persons who want to attend this meeting and 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.
ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Community
Development Corporation meets at the same time and place scheduled for this meeting, then this
meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna
Community Development Corporation.
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 3.
CDC Agenda
Staff Report
Meeting Date: 3/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action regarding accepting John HouceWs resignation from the
board.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
John resignation 2/27/2017 Backup Material
Jessica Perkins
From: John Houcek <johnhoucek@yahoo.com>
Sent" Thursday, February 02, 2017 2:53 PM
To: Jessica Perkins
Subject: Resignation
Hello Jessica,
After much soul searching and prayer, I have decided that because of philosophical differences
between myself and you as to how the business of the Boards is conducted it is best that I resign
from the Boards, effective immediately.
I cannot, in good conscience, go along with the direction in which the Boards are being guided by
staff.
It also goes without saying that, over time, my health is becoming more and more of an issue. Right
now, I have ingested pain pills to ward off the pain in my right foot (again), right shoulder, and lower
back.
Consequently, I will not be attending the meeting this evening.
Sincerely,
John Houcek
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 4.
CDC Agenda
Staff Report
Meeting Date: 3/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action regarding electing a president for the Anna Community
Development Corporation.
SUMMARY:
STAFF RECOMMENDATION:
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
CDC Agenda
Staff Report
Meeting Date: 3/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action regarding accepting Sherilyn Godfrey's resignation as
secretary.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
sheri's resignation 2/27/2017 Backup Material
Board Members,
Please be advised that effective March 2017,1 will be resigning my position as secretary to the
EDC and CDC Boards. It has been my pleasure to serve my community for the past ten years
(as long as Jessica Perkins has worked for the City). in the beginning, I nominated myself to
serve as secretary since no one else on the Board was interested in the position; and then
continued to serve even after I was not re-elected to the Board by City Council. Throughout my
lifetime, I have always found volunteer work to be most rewarding.
I have had the privilege to learn much about the interrelationships of the City; and note
how fortunate the City is to have the sales tax revenue to complete its economic and community
projects.
I am sure that I will be seeing you all around town from time to time. If called upon in the
future, I will still be available to lend a helping hand.
The best to you all personally and in your endeavors to serve your community.
(Sheri)lyn Godfrey
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 6.
CDC Agenda
Staff Report
Meeting Date: 3/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action electing/appointing a new secretary for the Anna Community
Development Corporation.
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends you appoint Lauretta Blacketter.
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 7.
CDC Agenda
Staff Report
Meeting Date: 3/2/2017
Staff Contact: Jessica
Perkins
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072)
b. Consult with legal counsel 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);
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board 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); discuss business park property.
11 FNG Z
STAFF RECOMMENDATION:
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 8.
CDC Agenda
Staff Report
Meeting Date:
Staff Contact:
Perkins
Consider/Discuss/Action regarding approving the language for the Planned
Development for the Anna Business Park.
SUMMARY:
3/2/2017
Jessica
In order to move forward with developing the Business Park Property, it will be
necessary to change the zoning and develop CCR's (covenant, conditions, and
restrictions). Both must be in place in order to develop or convey land.
Please review and make comments/recommendations for changes related to the draft
zoning change from Single Family/Multi-Family to a Planned Development - PD. The
PD zoning will allow the business park to attract a variety of businesses/employers.
Staff will complete a zoning change request application and submit to the City's
Planning Department for review by the Planning and Zoning Board. Anticipating to be
reviewed by P&Z at their April meeting.
STAFF RECOMMENDATION:
staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
PD-Anna Business park 3/1/2017 Backup Material
Anna business park - CCR draft 3/1 /2017 Backup Material
CITY OF ANNA, TEXAS
ORDINANCE NO.
ANNA BUSINESS PARK
"Planned Development- " ("PD")
Northeast corner of Highway 5 and Collin County Outer Loop
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 general located at the Northeast corner of Highway 5 and the Collin
County Outer Loop revising the existing "PD 179-2005" as amended to refine the Building
area requirements; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should
be amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended
and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by
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changing the zoning of the Property described in Exhibit A modifying the existing PD 179-
2005 as amended with revisions to the Building area requirements.
Planned Development —Anna Business Park
A. The property shall be zoned Planned Development - (PD- ). Development within
the planned development district shall be governed by the following regulations and in
accordance with Section 30 (PD-Planned Development) of the City of Anna Zoning Ordinance.
B. Definitions:
1. Light Intensity Manufacturing — Indoor assembly and manufacturing of finished products
or parts from previously prepared materials and parts. Fabrication may be used in limited
form to shape or define the final product, but shall not comprise the primary activity of
such operations.
2. Medium Intensity Manufacturing — Manufacturing of finished products and component
products or parts including the transportation, treatment or processing of materials or
substances, exclusive of basic industrial processing.
C. Permitted Uses:
The following listed uses are allowed by right or by specific use permit.
1. Uses allowed by Right
i. Bakery and confectionary, commercial
ii. Concrete, asphalt batching plant (temporary during onsite construction activity)
iii. Cosmetic Manufacture
iv. Electrical appliances, supplies and machinery, assembly or manufacture
V. Electronic products, assembly
vi. Electronic products, manufacturing
vii. Food products processing
viii. Furniture and upholstery manufacture
ix. General commercial plant
X. General manufacturing
xi. Glass products manufacturing
xii. Laboratory, scientific or research
xiii. Office center
xiv. Office, professional or general administrative
xv. Office-showroom/warehouse
xvi. Orthopedic or medial appliance manufacture
xvii. Sporting and athletic equipment manufacture
xviii. Storage/Wholesale Warehouse, light
xix. Tools or hardware manufacture
xx. Toys and novelty products manufacture
xxi. Light Intensity Manufacturing
2. Uses allowed by Specific Use Permit
i. Dairy products processing, manufacturing
ii. Electrical substation
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iii. Hospital (acute care)
iv. Heliport or helistop
V. Laboratory, medical or dental
vi. Commercial printing
vii. Radio, TV or microwave oper., commercial (1) - (must comply with Section 34.03)
viii. Transit Station or turnaround
ix. Medium Intensity Manufacturing
D. Building Height and Area Regulations
i. Maximum Height — 45 feet; up to 50 feet with approval by the Fire Chief
ii. Minimum Front Yard — 25 feet; 25 feet when the lot abuts or is across a street or alley
from property in a residential or commercial district.
iii. Minimum Side Yard (Interior Lot) — None
iv. Minimum Side Yard (Corner Lot) — 25 feet
V. Minimum Rear Yard — None; 25 feet when abutting a district requiring a rear yard.
vi. Minimum Lot Area—40,000 square feet
vii. Minimum Lot Width —100 feet
viii. Minimum Lot Depth — none
ix. Maximum Lot Coverage — 50%; 70% with parking garage
E. Building Facade and Design Requirements
All building facades shall conform to the following design and building material requirements:
In addition to window and door glazing, 100% of all building facades shall consist of brick,
stone, split face block, or precast concrete. A minimum of two of these materials shall be
used on the front and side facades.
ii. Exposed aggregate stone or pebble textures shall not be used for precast concrete panels.
Precast concrete panels on all sides of the building shall be scored or seamed to provide a
repeating pattern.
iii. Metal exterior walls are prohibited. Metal panels may be used only as architectural accents,
awnings and canopies.
iv. Buildings shall be articulated at all entrances facing streets by a minimum of two offsets
(fagade articulations that extend outward from the building must be set back at some point
in a corresponding manner) in the fagade of a minimum 4 feet in depth. Each offset shall
extend a minimum of 20 feet in length. The elements used for articulation must extend to
the parapet of the building. Building entrances shall be covered by an awning or canopy.
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V. Windows and/or glass shall not exceed 20% reflectivity and shall comply with adopted
Building Code energy requirements.
vi. Parking garages shall utilize the same accent materials and colors as the main building.
F. Screening Requirements
i. Loading docks and dock doors shall be screened from view of streets by solid masonry, tilt
wall or split face block wall. The Planning and Zoning Commission may approve a solid
landscape screen of irrigated shrubs a minimum of 6 feet in height at the time of planting and
reaching 10 feet in height within a few years as an alternative screening device.
ii. All outdoor storage shall be screened with a minimum 8 foot tall screening wall.
iii. Dumpsters and compactors shall be screened in accordance with Section 40 of the City of
Anna Zoning Ordinance.
iv. Rooftop and ground -mounted mechanical units, generators and HVAC equipment must be
screened in accordance with Section 40 of the City of Anna Zoning Ordinance. The line of
sight for screening of rooftop mechanical units shall be measured at the property line and five
feet and five inches (5' 5") from the ground.
G. Landscaping
i. Landscaping within the planned development shall comply with Part III-E (Landscape
Regulations) of the City of Anna Code of Ordinances.
H. Off -Street Parking and Loading Requirements
i. Off-street parking shall be provided in accordance with the specific uses as set forth in Section
38 of the City of Anna Code of Ordinances.
ii. The design and orientation of building(s) shall minimize the exposure of loading and trash
collection areas from adjacent streets and properties. No loading spaces shall face streets.
Loading areas must be screened as required by Section F i above. Overnight trailer and
shipping container storage is prohibited unless being actively loaded or unloaded. Only two
trailers or shipping containers may be stacked during loading and unloading.
I. Signage
i. Signs shall comply with the requirements of the City of Anna Sign Ordinance (as amended);
however, pole signs and window signs are prohibited.
J. Other Requirements:
i. The Thoroughfare Overlay (THOR) District shall apply as described to properties within the
Planned Development district within 500 feet of the Collin County Outer Loop and Powell
Parkway (SH 5), except as herein modified.
ii. Daily operations shall be fully enclosed, except that tanks containing gases or other materials
used in a manufacturing process may be installed outside in accordance with building and fire
codes.
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iii. Outdoor displays of new equipment for sale or lease is allowed.
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 S. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance
as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such
violation shall be fined in an amount not to exceed $2,000 for each incidence of violation.
Each day a violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
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PASSED by the City Council of the City of Anna, Texas this day of 2017.
ATTESTED:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
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Exhibit A - insert preliminary plat
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ANNA BUSINESS PARK
This Declaration of Covenants, Conditions and Restrictions ("Declaration") for the Anna Business Park (the
"Property") is made on the date hereinafter set forth by the Anna Economic Development Corporation
("Declarant"), a Texas non-profit corporation, for the purposes of insuring proper use and appropriate
development and improvements of the Property.
RECITALS
WHEREAS, Declarant is the owner of all of that certain real property located in Collin County, Texas and
described in Exhibit "A" attached hereto and made a part hereof for all purposes, and referred to as the
Property; and
WHEREAS, the Declarant seeks to sell the property for commercial, office, industrial, and manufacturing
uses, subject to the covenants, conditions and restrictions hereinafter set forth, which shall run with the
Property and shall be binding on Declarant and its successors having or acquiring any right, title or interest
in the Property or any part thereof, the grantees of the Declarant and their lessees and successors and
shall inure to the benefit of Declarant and each owner thereof; and
WHEREAS, Declarant deems it to be in the best interest to provide for the preservation of property values
in the Anna Business Park and the maintenance and improvement of certain landscaped areas, screening
devices and drainage facilities, signage, and common areas, and to enforce these restrictions, to collect
and disburse the assessments and charges hereinafter created and to perform all other functions as set
forth in this Declaration; and
WHEREAS, Declarant has theretofore caused the Anna Business Park Association (the "Association") to be
incorporated as a non-profit corporation according to the laws of the State of Texas for the purposes of
exercising the functions set forth in this Declaration; and
NOW, THEREFORE, Declarant hereby declares that the Property is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, conditions and restrictions, charges and liens
hereinafter set forth.
ARTICLE 1.
GENERAL PURPOSES OF COVENANTS, CONDITIONS AND RESTRICTIONS
A. The Property is subject to the covenants, conditions, restrictions and responsibilities hereinafter set
forth to insure proper use, appropriate development and improvements, and provide future maintenance
of all common areas so as to:
1. Establish an environment which will meet both the present and projected needs of the occupants
of the premises and the inhabitants of the surrounding community;
2. Insure proper uses and development of the Property and of individual building sites;
1
3. Promote land development and usage that will not create excessive noise, glare, smoke, fumes or
unsightly accumulation of equipment, goods and materials;
4. Insure the proper use of the land for the long-term benefit of the owners and tenants of the
Property and the surrounding community;
5. Promote harmonious development of the various sites located within and adjacent to Property;
and
6. Insure the long-term maintenance of common areas, landscaping and drainage facilities so as to
prevent deterioration and maintain the functionality of such areas.
ARTICLE 2
DEFINITIONS
A. Areas to be Maintained — shall mean and refer to the medians in public street rights -of -way, including
entry signs for the Property and any flags and flagpoles and associated lighting; drainage retention or
detention ponds and other facilities and features specifically designed to capture and direct storm
water runoff from multiple tracts; and any other property, sign or feature designed to contribute to
the collective appearance and proper functioning of the Anna Business Park.
B. Association — shall mean and refer to the Anna Business Park Property Owners Association, its
successors and assigns.
C. Declarant — shall mean and refer to the Anna Economic Development Corporation, its successors and
assigns.
D. Lot — shall mean and refer to any plot or tract of land shown upon any recorded plat of the Property.
E. Member— shall mean and refer to every person or entity who holds membership in the Association.
F. Owner — shall mean and refer to the owners of record, whether one or more persons or entities, of
title to any Lot which is a part of the Property, including contract sellers but excluding those having
such interest merely as security for the performance of an obligation.
G. Property — shall mean and refer to the property located at the northeast corner of the Collin County
Outer Loop and SH 5 and owned by the Anna Economic Development Corporation and illustrated in
Exhibit "A" attached.
ARTICLE 3
PERMITTED AND PROHIBITED USES AND STRUCTURES
A. The Property is intended to be developed and used as a business park primarily with office,
commercial, industrial and manufacturing uses. All portions of the Property shall be used in
accordance with the zoning duly adopted for the Property by the City Council of the City of Anna,
Texas, as it exists today and as it may be amended. In addition, the following uses are prohibited:
1. Residential Uses, unless allowed as a caretaker's or guard's residence.
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2. Automotive Sales, including auctions
3. Automobile Service and Repair, including paint and body repair
4. Any use which is determined by the Declarant to be objectionable by reason of excessive noise,
dust, smoke, fumes, odors, vibrations, glare, vermin, liquid or solid wastes; except that activities
required in the public interest or for public services will not be restricted by this limitation.
5. Uses which will result in unsafe or hazardous conditions such as toxic or noxious matters, fire and
explosion hazards or radiation hazards.
6. Portable buildings, office trailers and similar temporary structures, unless erected and used by
contractors performing construction of improvements on the property.
ARTICLE 4
DEVELOPMENT STANDARDS
A. These standards are intended to promote attractive design and appearance of the buildings and the
landscaped grounds and common areas of the Property. The Design Review Committee shall have
the power to enforce strict compliance with these development standards, taking into consideration
the aesthetic appearance, consistency of design and appropriate use of materials and plantings.
1. Each building shall be oriented to and gain access from the internal street(s) with the Property.
No development shall face and gain access from the Collin County Outer Loop and Foster Crossing
(County Road 421).
2. Each building should be designed to complement the general architectural character of the
Property in the use of materials, color, and scale.
3. In addition to window and door glazing, 100% of all building facades shall consist of brick, stone,
split face block or precast concrete.
4. Precast concrete or tilt wall panels shall not have an exposed aggregate stone or pebble texture.
Precast panels on all sides of the building shall be scored or seamed to provide visual interest and
a repeating pattern.
5. Metal exterior walls are prohibited. Metal panels may be used only as architectural accents,
awnings and canopies.
6. Buildings shall be articulated at all entrances facing streets by a minimum of two offsets (fagade
articulations that extend outward from the building must be set back at some point in a
corresponding manner) in the fagade of a minimum four (4) feet in depth. Each offset shall extend
a minimum of 20 feet in length. The elements used for articulation must extend to the parapet
of the building.
7. Building entrances shall be covered by an awning or canopy.
S. Windows and/or glass accents shall not exceed 20% reflectivity. However, the use of tinted,
inward facing mirrored glass that helps to achieve energy efficient design is encouraged.
9. Windows, doors, eaves, parapets, soffits, overhangs, canopies and awnings should be used to
provide variety to the building fagade.
10. Rooftop and ground mounted mechanical units, generators and HVAC equipment must be
screened from view from any adjacent street by a screen or parapet that extends the full height
of the equipment.
11. Parking garages shall utilize the same accent materials and colors as the main building. Parking
garages shall maintain strong horizontal lines and fagade materials shall be complementary in
color and design as the main building.
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ARTICLE 5
PARKING AND LOADING AREAS
A. A sufficient number of off-street parking spaces shall be provided to minimize parking by employees
and visitors on public streets, and parking areas shall be designed in a manner as to provide for easy
and safe access in and out of the various developed tracts within the Property.
B. The use of buildings and properties for every day or special event activities that exceed the parking
capacity shall be prohibited.
C. Parking shall not be allowed on grass or unpaved surfaces.
D. A minimum six (6) foot wide sidewalk shall be provided where parking spaces are designed to
overhang the sidewalk.
E. The design and orientation of building(s) shall minimize the exposure of loading and trash collection
areas from adjacent streets and properties. No loading spaces or dock doors shall face streets.
F. Overnight trailer and shipping container storage is prohibited unless being actively loaded or
unloaded. Only two (2) trailers or shipping containers may be stacked during loading and unloading.
G. Loading areas shall be screened by a solid masonry, tilt wall or split face block wall, or a solid landscape
screen of irrigated shrubs with a minimum height of ten (10) feet at planting if approved by the City
of Anna.
ARTICLE 6
LANDSCAPING AND SCREENING
A. A minimum six (6) foot tall perimeter screening wall shall be constructed by the developer of each
tract within the property that abuts the Collin County Outer Loop and transmission line on the south
and Foster Crossing Road on the north. The wall shall be constructed of thin wall brick with substantial
pier and beam construction and the brick color of each section of the wall shall match. Wall pilasters
shall be topped with a concrete cap. The wall shall be set back a minimum of thirty (30) feet from the
northern edge of the transmission line easement or the southern right-of-way line of Foster Crossing
Road. A five (5) foot wide wall maintenance easement shall be dedicated on both sides of the
screening wall to provide space for future maintenance, repair and replacement of the wall.
B. The thirty (30) foot wide setback shall be maintained as a landscaped edge, with a one (1) minimum
three (3) inch caliper tree planted per forty (40) linear feet. Trees may be grouped or clustered to
enhance the landscaped design.
C. Landscaping for each developed Lot within the Property shall be provided in compliance with the
Landscape Regulations contained within the City of Anna Code of Ordinances.
D. Landscaped areas within parking areas shall be contained by a six (6) inch tall curb, unless the
landscaped area is part of an onsite drainage system approved by the City of Anna.
E. Landscaping shall be used to enhance entrance and exit driveways to each tract within the Property.
F. If used, berms shall not exceed thirty-six (36) inches in height, have a maximum slope of 3:1 and shall
vary in height and be contoured rather than installed in a straight line.
G. An automatic irrigation system shall be provided for all landscaped areas and shall be designed in a
manner to conserve water and to prevent excessive spray and runoff onto paved surfaces. Rain
sensors shall be required for all irrigation systems.
H. All landscaping shall be properly maintained at all times. Dead or dying plant materials shall be
removed and replaced in an expeditious manner. Trees and other plants that become overgrown
shall be pruned to maintain visibility and access for vehicles and pedestrians and to maintain healthy
plantings.
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I. Appropriate plant materials shall be chosen and installed in a manner designed to promote water
conservation and the use of native plants.
J. Landscaping shall not interfere with visibility requirements adopted by the City of Anna at street and
driveway intersections or create visibility problems within parking lots.
K. Appropriate turf, gravel or other materials shall be maintained at all times for drainage swales, rain
gardens, retention and detention ponds and other on -site drainage facilities.
ARTICLE 7
OUTDOOR STORAGE
A. Daily operations of businesses located on the Property shall be fully enclosed, except that tanks
containing gases or other materials used in a manufacturing process may be installed outside in
accordance with building and fire codes.
B. Outdoor storage of good, materials and equipment shall be limited to display of new equipment for
sale or lease.
C. All outdoor storage shall be screened with a minimum eight (8) foot tall masonry screening wall.
ARTICLE 8
SIGNAGE
A. Signage on buildings and individual tracts within the Property shall comply with the City of Anna Sign
Ordinance.
B. The following types of signage are prohibited:
1. Pole signs and window signs, with the exception of "open" signs are prohibited.
2. Lights outlining the windows or buildings
3. Signs that flash, blink, or revolve
4. Roof signs
5. Temporary bandit signs
6. Digital signage is allowed if the message changes only every 8 seconds and is a static image that
does not flash, move or scroll.
7. Digital signs must be equipped with an automatic dimmer that adjusts the brightness of the
display based on ambient light conditions (cloudy vs. sunny or day vs. night).
8. Delivery trucks or other vehicles that are have signage advertising a business within the Property
shall not be parked on the outer edges of parking lots adjacent to public streets.
ARTICLE 9
ILLUMINATION
A. Lighting of all parking areas and buildings shall be in accordance with City of Anna codes and shall be
in keeping with the specific function and building type served.
B. All parking lots and loading areas must be lighted by light standards and/or wall -mounted light
fixtures.
C. All lighting shall be shielded and directed to not cause unnecessary glare or light intrusion into a public
street or adjacent property.
5
ARTICLE 10
DESIGN REVIEW COMMITTEE
A. There shall be established a five (5) member Design Review Committee (the "Committee"), which
shall initially consist of the following members:
1. One (1) representative selected to serve on behalf of all landowners;
2. Three (3) representatives of the Anna EDC Board of Directors
3. The Executive Director of the Anna EDC
B. As individual tracts are sold within the Property, additional property owner representatives shall join
the Committee, replacing representatives of the Anna EDC Board of Directors to form the ultimate
composition of the Committee as follows:
1. Three (3) representatives selected to serve on behalf of all landowners;
2. One (1) representative of the Anna EDC Board of Directors
3. The Executive Director of the Anna EDC
C. Committee Function — No improvement shall be erected, constructed, placed, or altered on any
portion of the Property until plans and specifications in such form and detail as the Committee may
specify have been submitted to and approved in writing by the Committee. A three -fifths (3/5)
majority vote is required to approve plans and specifications.
D. The decision of the Committee shall be final and binding upon the applicant. This review and approval
process by the Committee and/or its agent is to ensure conformity with the covenants, conditions and
restrictions of this Declaration, compliance with the general aesthetic quality of the development,
consistency of materials used and compatibility of uses. The Committee, by its approval of such plans
and specifications, is not responsible for the adequacy of structural or mechanical engineering design
or specifications or the improvements constructed on the Property.
E. Plan and Building Design Submittal — Prior to the submittal of any plan, plat or other drawings to the
City of Anna, a preliminary design package shall be submitted to the Committee. The package shall
consist of a site plan, building elevations with material descriptions, colors and samples of the exterior
building materials, and a landscaping plan. Plans meeting the City of Anna's requirements shall be
sufficient for Committee review; however, the Committee reserves the right to require additional
information and detail for any aspect of the proposed development.
ARTICLE 11
MAINTENANCE
A. Duty to Maintain — Owners and occupants (including lessees) of any tract or lot or portion of the
property thereof shall jointly and severally have the duty and responsibility to keep buildings,
improvements, grounds, landscaping and drainage easements in a well -maintained, safe, clean and
attractive condition at all times. Such maintenance includes, but is not limited to, the following:
Keeping parking areas, fire lanes and driveways in good repair;
Striping parking areas and fire lanes and repainting on a regular schedule;
Promptly removing litter, trash, refuse and waste;
0
4. Insuring that all trash receptacles and compactors and surrounding areas are kept clean and
uncluttered;
5. Keeping all exterior lighting and mechanical facilities in working order;
6. Replacing landscape materials and repairing irrigation systems in a timely manner; and
7. Keep all vacant lots litter free and mowed in compliance with City of Anna property standards.
B. Enforcement of Maintenance Duties — The Association may give an Owner written notice of neglect
or failure of maintenance duties, and the Owner must within 10 days after receiving such notice
perform the obligation or duty required. Should any Owner fail to fulfill this obligation or duty within
such period, the Association through its authorized agents shall have the right and power to enter
onto the premises and perform such obligation or duty without liability for damages for wrongful
entry, trespass, or otherwise to any person or property. Each Owner of any tract or lot on which work
is performed shall be liable for the cost of such work and shall promptly reimburse the Association
within 10 days after receipt of a statement or invoice. Failure to reimburse the Association shall
constitute a lien against the tract or Lot on which work was performed.
C. Property Manager — The Association may enter into an agreement with a third -party property
management contractor to provide management services including, but not limited to, common area
maintenance and repairs, landscape maintenance and irrigation repairs, maintenance of office park
entry features, remove trash and debris, and monitor the Property for Owner compliance with this
declaration of covenants, conditions and restrictions. The Association may maintain requirements for
liability insurance, monthly financial reports and other documentation from the contractor(s) as a
condition of employment.
D. Areas to be Maintained — For purposes of this section, "Areas to be Maintained" shall include medians
in public street rights -of -way, including entry signs for the Property and any flags and flagpoles and
associated lighting; drainage retention or detention ponds, raingardens, swales or other facilities and
features that capture and direct storm water runoff from multiple tracts; and any other property, sign
or feature designed to contribute to the collective appearance and proper functioning of the Anna
Business Park. "Areas to be Maintained" shall be maintained by the Association and funded by an
annual assessment or special assessments, paid by the Owners, as described in Article 11 below.
ARTICLE 12
ASSESSMENTS
A. Covenants for Assessments — Each Owner and each subsequent owner of the Property or any portion
of the Property, by acceptance of a deed thereof or other instrument of ownership transfer, whether
or not is shall be so expressed in such deed or instrument, shall be deemed to covenant and agree to
pay the Association (i) annual assessments or charges and (ii) special assessments for improvement
or maintenance of the Common Areas to be fixed, established and collected from time to time as
provided herein. Assessments, together with such interest and costs of collection, as hereinafter
provided, shall be a charge on the Lot and shall be secured by a continuing lien which is hereby created
and impressed for the benefit of the Association upon the Lot against which the assessment is made.
Each such assessment, together with interest costs and reasonable attorneys' fees, shall also
constitute a personal obligation of the person or entity that was the record owner of such lot at the
time of assessment. The personal obligation for delinquent assessments shall not pass to successors
in title unless expressly assumed by such successors; however, the lien upon the lot shall continue
until paid.
7
B. Purpose of Assessments — The assessments provided for herein shall be levied, collected and
administered by the Association and shall be used exclusively for the improvement and maintenance
of the Areas to be Maintained, and the performance and/or exercise of the rights and obligations of
the Association arising hereunder. Assessments shall include, but not be limited to, funds to cover
actual Association costs (including reasonable reserves) for all taxes, insurance, repair, replacement,
maintenance and other activities as may from time to time be authorized by the Board of Directors;
legal and accounting fees, and any fees for management services incurred in complying with any laws,
ordinances or governmental requirements applicable to the Association or the Property's reasonable
replacement reserves and the costs of other facilities and services including maintenance thereof, and
other charges required or contemplated by this Declaration and/or that which the Board of Directors
of the Association shall determine to be necessary to meet the primary purpose of the Association.
All sums received by the Association pursuant to the annual or special assessments shall be segregated
by the Association from its general funds if applicable, and held in trust for the benefit of the Owners
and for the purposes and uses designated herein. The Association or property management
company, if engaged, shall maintain appropriate records of all expenditures of funds and all
assessments with regard to the Areas to be Maintained, which records shall be open for inspection by
any Owner during normal business hours upon reasonable notices and at said Owner's cost and
expense.
C. Annual Assessment — The Association shall establish the amount of each calendar year's annual
assessment based on the projected financial needs for upkeep and maintenance of the Common Area
for that calendar year. The Association's review and determination shall be final and binding on all
Owners unless disapproved by a vote of 60%of the Association members who are voting. The voting
may be done in person or by proxy at a meeting duly called for such purpose within ninety (90) days
after notice of such increased limit. Written notice of the meeting shall be given to all Owners at least
thirty (30) days in advance and shall set forth the purpose of the meeting.
D. Special Assessments — In addition to any annual assessments, the Association may at any time levy a
special assessment for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement within the Areas to be Maintained.
This shall include the necessary fixtures and personal property related thereto; provided that any such
special assessment shall not become effective if disapproved by a vote of 60% of the Association
members who are voting. The voting may be done in person or by proxy at a meeting duly called for
such purpose within ninety (90) days after the notice of the special assessment. A written notice of
the meeting shall be given to all Owners at least thirty (30) days in advance and shall set forth the
purpose of the meeting. In addition, the Association may levy a special assessment not to exceed the
cost of remediation against any Lot or Owner to remedy any violation of this Declaration.
E. Due Date and Payment of Assessments — The obligation to pay annual assessments shall commence
as to all lots the first day of the month following the date on which the Association shall fix the amount
of the annual assessment against each Lot. Written notice shall be sent to every owner subject
thereto. Annual assessments shall be due and payable on an annual basis unless otherwise
designated. by the Association. The due date of any special assessment shall be as determined by
the Association in the notice of special assessment sent to the Owners.
All payments of the Assessments shall be made to the Association at its principal place of business
within Collin County, Texas or at such other place as the Association may otherwise direct or permit.
W
Payment shall be made in full regardless of whether any Owner has a dispute with the Declarant, the
Association, any other Owner or any other person or entity regarding any matter to which this
Declaration relates or pertains. Payment of the Assessments shall be both a continuing affirmative
covenant personal to the Owner and a continuing covenant running with the Lot.
F. Apportionment of Assessment — Any annual or special assessment shall be allocated pro rata among
the Owners in accordance with the amount of acreage owned. An Owner's share of the assessment
shall be determined by multiplying the total amount of the assessment by a fraction having as its
numerator the acreage owned by the Owner within the Property and having as its denominator the
total acreage located within the Property.
G. Owner's Personal Obligation for Payment of Assessments — The annual and special assessments
provided for herein shall be the personal and individual debt of the Owner of the property covered
by such assessments. No Owner is exempt from personal liability for such assessments. In the event
of default in the payment of any such assessment, the Owner shall be obligated to pay interest at a
rate equal to three percent (3%) over the prime interest rate on the amount of the assessment, from
the due date until paid, but not to exceed the maximum rate of interest that the Association may
lawfully charge. In addition, the Owner shall pay all costs and expenses of collection, including
reasonable attorney's fees. The Association shall have the right to bring suit against the Owner to
recover a money judgment for these amounts without foreclosing or waiving the liens securing the
same.
H. Effect of Non -Payment of Assessments; Remedies of the Association — Any assessment provided for
in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not paid
within thirty (30) days after the date of delinquency, the Assessment shall bear interest from the date
of delinquency (with no notice required to be given) until paid, at the interest rate and under the
terms noted in Section G. above. The Association may, at its option, bring an action by law against
the Owner personally obligated to pay the same or, upon compliance with the notice provisions
hereof, foreclose the lien against the Lot as provided herein. There shall be added to the amount of
such Assessment the costs of preparing and filing the complaint in such action, and in the event a
judgment is obtained, such judgement shall include said interest and a reasonable attorney's fee,
together with the costs of action. Each Owner vests in the Association or its assigns the right and
power to bring all actions at law or in equity foreclosing such lien against such owner, and the
expenses incurred in connection therewith, including interest, costs and reasonable attorney's fees
shall be chargeable to the Owner in default. Under no circumstances, however, shall Declarant or the
Association be liable to any Owner or to any other person or entity for failure or inability to enforce
any Assessments.
No action shall be brought to foreclose said Assessment lien or to proceed under the power of sale
herein provided in less than thirty (30) days after the date a notice of claim of lien is deposited with
the postal authority, certified or registered, postage prepaid, to the Owner of said Lot and a copy
thereof is recorded by the Association in the office of the Collin County Clerk; said notice of claim must
recite a good and sufficient legal description of any such Lot, the record Owner or reputed Owner
thereof, the amount claimed (which may, at the Association's option, include interest on the unpaid
assessment at the maximum legal rate, plus reasonable attorney's fees and expenses of collection in
connection with the debt secured by said lien) and the name and address of the Association.
0
Any such sale provide for above is to be conducted in accordance with the provisions applicable to
the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002 of the
Property Code of the State of Texas (as it may be amended from time to time), or in any other manner
permitted by law. Each Owner, by accepting a deed to a Lot, expressly grants to the Association a
power of sale as set forth in said Section 51.002 of the Property Code in connection with the
Assessment lien. The Association, through duly authorized agents, shall have the power to bid on the
Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
Upon the timely curing of any default for which a notice of claim of lien was filed by the Association,
the officers of the Association are hereby authorized to file or record, as the case may be, an
appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined
by the Association but not to exceed the actual cost of preparing and filing or recording the lien and
the release. The Assessment lien and the right to foreclosure sale hereunder shall be in addition to
and not in substitution of all other rights and remedies which the Association and its successors or
assigns may have hereunder and by law, including the right of suit to recover a money judgement for
unpaid Assessments, as provided above.
Subordination of Lien to First Mortgages —The lien securing the Assessments provided for herein shall
be expressly subordinate to the lien of any first lien mortgage on any lot. The sale or transfer of any
lot shall not affect the Assessment lien. However, the sale or transfer of any Lot, pursuant to a decree
of foreclosure or a non -judicial foreclosure under such first lien mortgage or any proceeding in lieu of
foreclosure thereof, shall extinguish the lien of such Assessments as to payments thereof which
became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for
any Assessment thereafter becoming due, in accordance with the terms herein provided.
ARTICLE 13
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
A. Membership — Declarant, during the time it owns any lots, and each person or entity who is a record
Owner of a fee or undivided fee interest in any lot shall be a member of the Association. The foregoing
is not intended to include persons or entities that hold an interest merely as security for performance
of an obligation. Membership shall be appurtenant to and may not be separated from any ownership
of any lot which is subject to assessment by the Association. Transfer of ownership, either voluntarily
or by operation of law, shall terminate such Owner's membership in the Association and membership
shall be vested in the transferee; provided, however, that no such transfer shall relieve or release such
Owner from any personal obligation with respect to assessments which have accrued prior to such
transfer.
B. Management of Association — the Association shall be incorporated as a non-profit corporation. The
Association shall be managed by the Board pursuant to the procedures set forth in the Association's
articles of incorporation and bylaws, subject to this Declaration.
C. Membership, Voting, Elections and Meetings — The Association shall have two classes of voting
membership:
1. Class A — Class A members shall be all Owners with the exception of the Declarant and shall
be entitled to one vote for each Lot owned. When more than one person holds an interest
10
in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as
they among themselves determine.
2. Class B —The Class B member shall be the Declarant which shall have as many votes as the
Class A members put together, plus one (1). The Class B membership shall cease when 60%
of the total acreage in the Property has been sold by the Declarant, at which time the
Declarant assumes Class A voting privileges.
B. There shall be at least one meeting of the membership each year. At that meeting, the Owner shall
elect a Board consisting of five (5) directors, vote on any other matters the Board chooses to place
before the membership, and discuss any matter of the Association business that the Board or any
Owner wishes to bring before the entire membership.
C. Duties and Powers of Board —Through the Board, the Association shall have the following powers and
duties:
1. To adopt rules and regulations to implement this Declaration and the Association's bylaws;
2. To enforce this Declaration, the bylaws, and its rules and regulations
3. To elect officers of the Board and select members of the Design Review Committee when the
power devolves to the Board
4. To prepare a balance sheet and operating income statement for the Association and deliver a
report to the membership at its annual meeting
5. To establish and collect regular assessments to defray expenses attributable to the Association's
duties, to be levied against each Owner, including Declarant.
6. To establish and collect special assessments for capital improvements or other purposes; to file
liens against Owners because of non-payment of Assessments duly levied and to foreclose on
those liens.
7. To receive complaints regarding violations of this Declaration, the bylaws or the rules and
regulations.
8. To give reasonable notice to all Owner of all annual meetings of the membership and all special
called meetings.
9. To hold regular Board meetings in compliance with the adopted bylaws.
10. To manage and maintain all of the Common Areas in a state of high quality and in good repair;
11. To pay taxes and assessments that are or could become liens on the Common Areas.
12. To paythe costs of any liability insurance and fire insurance on the Common Areas and any liability
insurance for members of the Board.
ARTICLE 14
EASEMENTS
All property owners within the Anna Business Park shall grant easements across their properties for the
purpose of providing utility services and cross access to other properties. The specific location of such
easements shall be reasonably determined and located to minimally impact the property.
ARTICLE 15
SUBDIVISION OF PROPERTY
The Declarant must give written approval for any subdivision of the Property by a property owner.
11
ARTICLE 16
RIGHT OF REPURCHASE
The Declarant retains the right to refund the purchase price and to regain title from the Grantee or any
subsequent owner within the Property for which construction has not commenced within two (2) years
of the initial sale. Declarant may in its sole discretion extend construction and completion dates in writing.
Unless expressly waived by Declarant, the Right of Repurchase shall also be extended to any agreed
construction and completion dates.
ARTICLE 17
GENERAL PROVISIONS
A. Enforcement — The Declarant or the Association or any Owner shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, and reservations imposed by this
Declaration. Failure to enforce any covenants or restrictions shall not be deemed a waiver of the right
of enforcement either with respect to the violation in question or any other violation. All waivers
must be in writing and signed by the party to be bound.
B. Severability -- Invalidation of any one of these covenants or restrictions by judgment or court order
shall in no way affect any other provision and all other provisions shall remain in full force and effect.
C. Covenants Run with the Land — The easements, restrictions, covenants, and conditions are for the
purposes of protecting the value and desirability of the Property. They shall run with the real property
and shall be binding on all parties having any right, title, or interest in the Property in whole or in part,
and their heirs, successors and assigns. This Declaration shall be for the benefit of the Property, each
lot and each lot Owner.
D. Duration and Amendment — The covenants, conditions and restrictions of this Declaration shall be
effective for a term of twenty (20) years from the date this Declaration is recorded, after which period
the covenants, conditions and restrictions shall be automatically extended for such periods of ten (10)
years subject to termination by an instrument signed by more than fifty (50) percent of the Owners.
The covenants, conditions and restrictions of this Declaration may be amended by an instrument
signed by the owners representing more than 75% of the votes set forth in Article 13, Section C.
E. Attorneys' Fees — If any controversy, claim or dispute arises relating to this instrument, its breach, or
enforcement, the prevailing party shall be entitled to recover from the losing party reasonable
expenses, attorney's fees, and costs.
F. Liberal Interpretation — This Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the Property.
This Declaration is executed this day of , 2017 in Anna, Texas.
ANNA ECONOMIC DEVELOPMENT CORPORATION
12
By:
President
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of , 2017 by
President of the Anna Economic Development Corporation, a non-
profit corporation, on behalf of said corporation.
Notary Public, State of Texas
My Commission Expires:
13
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 9.
CDC Agenda
Staff Report
Meeting Date: 3/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action reviewing and approving the preliminary plat for the Anna
Business Park.
SUMMARY:
A preliminary plat is a map that indicates the basic layout/design of a property
including where public infrastructure will go. The preliminary plat is a necessary
component of our zoning change request application.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Pre -Plat Anna Bus Park 3/1 /2017 Backup Material
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RC INGRAHAM
SURVEY
ABSTRACT 464
................................................... :....................................... ............................ ABST. 464
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D.E.W. BABB
SURVEY
ABSTRACT 033
PRELIMINARY
PLAT L0CATIO)
421
/ GRANDISON STARK
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/ SURVEY
ABSTRACT 798
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40 PGE, LTD.
VOL. 5387, PG. 468
D.R.C.C.T.
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CITY OF ANNA
INST. NO. 20071004001376120
0.P.R.C.C.T.
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/
L6
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/VOL. 1359, PG. 335
D.R.C.C.T.
/
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20090317000307070
O.P.R.C.C.T.
s9"1'36"E
1743.74
BLOCK A, LOT 1
74.887 ACRES
(3,262,078 S.F.)
ANNA BUSINESS PARK
ZONED -RESIDENTIAL
EASEMENT &ROW
TXU ELECTRIC COMPANY
VOL. 4951, PG. 833
D.R.C.C.T.-
N89'04'41 "Wn��G
2530.22
COLLIN COUNTY OUTER LOOP
(RIGHT-OF-WAY UNRECORDED)
TRACT 1, PARCEL 2
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20110222000194360
O.P.R.C.C.T.
........... - ......... . . .:: :: ... .... ......
LEGEND
---- - -------- S
; ... :...: :::>:;:::>: ....:
o " I. R. F."
IRON ROD FOUND
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CAPPED IRON ROD FOUND
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IRON ROD CALLED BUT
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NOT FOUND
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... ' .. .. ........
O.P.R.C.C.T.
ORIGINAL PROPERTY RECORDS
LOCATION MAP
OF COLLIN COUNTY, TEXAS
NOT TO SCALE
INST. NO.
INSTRUMENT NUMBER
ANNA TOWN CENTER NO 8/CTS, LTD.
INST. NO. 20141203001315490
O.P.R.C.C.T.
G1 L14
L17
80'
F.
...............
ARST. 798
ARST. 033 '
Curve Table
Curve #
Length
Radius
Delta
Chord Bearing
Chord Distance
C1
289.42
60
276°22'46"
N00° 00' 00"W
80.00
]5'
30' SANITARY SEWER EASEMENT
INST. NO. 20150422000453060
O.P.R.C.C.T.
S00'48'25"W
//"-1346.23
L8
II
L9 I
BLOCK A, LOT 2
7.06 ACRES
(307,534 S.F.)
_12
.15 I V
I.R.C.N.F.
S55'24'07"E
//'-316.51
HARLAN PROPERTIES, INC.
75.673 ACRE REMAINDER OF A
CALLED 161.2440 ACRES
INST. NO. 20121228001650300
O.P.R.C.C.T.
\ 5/8"
L11 L10 \ I.R.C.N.F.
_ BLOCK A, LOT 3 L13 1 S00'55'19"W
18 _ 3.624 ACRES _ _ I _ 224.46 -
(157,861 S.F.)
647.04' I
TRACT 2, PARCEL 2
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20110222000194360
O.P.R.C.C.T.
1. BEARINGS AND DISTANCES CITED IN THIS PLAT DESCRIPTION
ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NAD-83, TEXAS NORTH CENTRAL ZONE 4202.
2. THE PROPERTY SHOWN HEREON IS LOCATED IN ZONE "X"
WHICH IS NOT A FLOOD HAZARD ARE ACCORDING TO MAP NO.
48085CO160J, DATED JUNE 02, 2009 OF THE NATIONAL INSURANCE
RATE MAP, PREPARED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY. THIS STATEMENT SHALL NOT CREATE
LIABILITY ON THE PART OF THE SURVEYOR.
3. NO PUBLIC IMPROVEMENTS ARE PROPOSED WITH THIS
PRELIMINARY PLAT. ANY FUTURE DEVELOPMENT WILL BE
REQUIRED TO DESIGN THEIR SITE WITH NO ADVERSE IMPACT TO
UPSTREAM OR DOWNSTREAM PROPERTIES.
5/8"
I.R.C.N.F.
TRACT 2, PARCEL 1
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20110222000194360
O.P.R.C.C.T.
Line Table
Line #
Length
Direction
L1
61.78
S11 ° 33' 57"E
L2
207.51
N00° 44' 35"W
L3
67.89
S770 31' 27"E
L4
67.89
S770 31' 27"E
L5
224.62
S89" 25' 19"E
L6
156.81
N 180 43' 54"E
L7
295.59
N890 24' 49"W
L8
398.23
S890 59' 55"E
L9
582.20
S00° 48' 25"W
L10
278.49
S550 24' 07"E
L11
619.31
N890 25' 35"W
L12
734.08
N00° 00' 00"E
L13
38.02
S550 24' 07"E
L14
145.28
N900 00' 00"E
L15
988.82
S00° 00' 00"E
L16
907.54
N00° 00' 00"E
L17
65.28
N900 00' 00"W
L18
241.81
S00° 00' 00"E
LEGAL DESCRIPTION:
Being a 85.571 acre part of a called 161.2440 acre Tract 124 of the D.E.W. Babb Survey,
Abstract Number 33, situated in Collin County, Texas, said 161.2440 acre Tract 124 being a
remainder of a called 361.545 acre tract of land described by deed to Harlan Properties, Inc.,
recorded in Instrument Number 20121228001650300 of the Official Property Records of Collin
County, Texas (O.P.R.C.C.T.), and being more particularly described as follows;
BEGINNING at a 1/2 inch iron rod found for the northwest corner of said 161.2440 acre tract
lying on the northerly edge of County Road 421, a 30-foot wide undedicated gravel road, also
lying on the easterly line of a tract of land describe by deed to Dallas Area Rapid Transit,
recorded in Document Number 2001-0078323 of the O.P.R.C.C.T., the southwest corner of a tract
of land described by deed to 40 PGE, LTD., recorded in Volume 5387, Page 468 of the Deed
Records of Collin County, Texas (D.R.C.C.T.), also lying on the common line of said D.E.W. Babb
Survey and the Grandison Stark Survey, Abstract Number 798;
THENCE S 89'11'36" E, along the common line of said Babb and Stark Survey, also along the
common line of said 161.2440 acre tract and said 40 PGE tract, a distance of 1,743.74 feet to
a called but not found 5/8" iron rod with a cap stamped "R.P.L.S. 5430", said iron rod lying in
the center of a 30-foot wide Sanitary Sewer Easement, recorded in Instrument Number
20150422000453060 of the O.P.R.C.C.T.;
THENCE, through the interior of said 161.2440 acre tract along the center of said 30-foot wide
Sanitary Sewer Easement, the following courses and distances;
S 11*33'57" E, a distance of 61.78 feet to a called but not found 5/8" iron rod with a
cap stamped "R.P.L.S. 5430" for corner;
S 00'48'25" W, a distance of 1,346.23 feet to a called but not found 5/8" iron rod with
a cap stamped "R.P.L.S. 5430" for corner;
S 55'24'07" E, a distance of 316.51 feet to a called but not found 5/8" iron rod with
a cap stamped "R.P.L.S. 5430" for corner;
S 00*55'19" W, a distance of 224.46 feet to a called but not found 5/8" iron rod with
a cap stamped "R.P.L.S. 5430" for corner, lying on the south property line of aid 161.2440
acre tract and on the north line of Collin County Toll Road Authority tract recorded in
Instrument Number 20110222000194360 of the O.P.R.C.C.T.;
THENCE N 89'04'41" W, along the north line of said Collin County Toll Road tract, a distance of
2,530.22 feet to a 1/2" iron rod found with a cap stamped "R.P.L.S. 3700" for the southwest
corner of said 161.2440 acre tract, said iron rod lying on the east line of Collin County Toll Road
Authority tract recorded in Instrument Number 20090317000307070 of the O.P.R.C.C.T.;
THENCE N 00'44'35" W, along the east line of said Toll Road tract, a distance of 207.51 feet to
a 5/8" iron rod found with a cap stamped "R.P.L.S. 5430", said iron rod lying on the easterly
line of the aforementioned Dallas Area Rapid Transit tract;
THENCE N 18'44'49" W, along the easterly line of said Dallas Area Rapid Transit tract, a distance
of 38.85 feet to a 5/8" iron rod found with a cap stamped "R.P.L.S. 5430", said iron rod being
the southwest corner of a tract of land described by deed to the City of Anna recorded in
Instrument Number 20071004001376120 of the O.P.R.C.C.T.;
THENCE S 77'31'27" E, along the south line of said City of Anna tract, a distance of 67.89 feet
to a 1/2" iron rod found for corner with a cap stamped "R.P.L.S. 3700";
THENCE S 89'25'19" E, continuing along the south line of said City of Anna tract, a distance of
224.62 feet to a 1/2" iron rod found for corner with a cap stamped "R.P.L.S. 3700", said iron
rod being the southeast corner of said City of Anna tract;
THENCE N 18'43'54" E, along the east line of said City of Anna tract, a distance of 156.81 feet
to a 1/2" iron rod found, said iron rod being the northeast corner of said City of Anna tract;
THENCE N 89'24'49" W, along the north line of said City of Anna tract, a distance of 295.59
feet to a 5/8" iron rod found with a cap stamped "R.P.L.S. 5430", said iron rod being the
northwest corner of said City of Anna tract, said iron rod also lying on the west property line of
said 161.2440 acre tract and on the easterly line of said Dallas Area Rapid Transit tract;
THENCE N 18'44'49" E, along the easterly line of said Dallas Area Rapid Transit tract, a distance
of 1,495.06 feet to THE POINT OF BEGINNING, containing 85.571 acres (3,727,460 square feet)
of land;
PRELIMINARY PLAT
of
ANNA BUSINESS PARK
BLOCK A, LOTS 19 2 & 3
85.571 ACRE REMAINDER OF A CALLED 161.2440 ACRES
IN THE D.E.W. BABB SURVEY ABSTRACT 33
CITY OF ANNA, COLLIN COUNTY, TEXAS
OWNER: PRELI MI NARY SURVEYOR:
CITY OF ANNA, TEXAS THIS DOCUMENT SHALL NOT BE BIRKHOFF, HENDRICKS & CARTER, L.L.P.
111 N. POWELL PARKWAY RECORDED FOR ANY PURPOSE AND SHALL TxBPLS Firm No. 10031800
ANNA, TX 75409 NOT BE USED OR VIEWED OR RELIED 11910 Greenville Ave., Suite 600
(972)924-3325 UPON AS A FINAL SURVEY DOCUMENT. Dallas, Texas 75243
Tel. No. (214) 361-7900
0 200 400 600 GARY C. HENDRICKS, R.P.L.S. Fax No. (214) 461 8390
NO. 5073
Date: February 2017 DATE: February 2017 SHEET 1 OF 1
HORIZONTAL SCALE IN FEET
REVISED: 2/28/17 - AVercruysse H:\Projects\Anna\4013-104\Easement Plats\Plats\4013-104 Anna Business Park Plat.dwg PLOT SCALE: 1:2 PLOT STYLE: 11x17.ctb PLOTTED BY: AVercruysse ON 2/28/2017
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 10.
CDC Agenda
Staff Report
Meeting Date: 3/2/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the expenditure
of funds to install two (2) signs on the Anna Business Park property to promote the
park site as well as offer contact information.
SUMMARY:
In order to promote the Business Park Property as a place to locate and communicate
contact information, staff suggests erecting commercial real estate signs to place on
the property.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Resolution - Real Estate Sign Bus. Park 2/22/2017 Resolution
Sign Quote - Zahra 2/24/2017 Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR A
COMMERCIAL REAL ESTATE SIGN ADVERTISING THE BUSINESS PARK
PROPERTY
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds for a commercial real estate sign advertising the business park and to be
placed on the business park property located at the northeast corner of highway 5 and
the Collin County Outer Loop.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's
promotional expenditure line item in the amount not to exceed $7,500 for a commercial
real estate sign for the business park property.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
ATTEST:
CDC President CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
Zahra Design Group Inc.
Advertising
Graphic Design
Project Estimate
Design Services:
Production Expenses:
Client:
Project:
2404 214.688.1255 p
Farrington 214.688.1256 j
Dallas Texas
75207
Funderburgh Realty Date: February 10, 2017
Attn: David Funderburgh
Design/Prepress/Fabrication/Installation of Anna Business Park Signs
1. 4'x8'x4'Single Side Sign
2. 8'x1 6'x4'Single Side Sign
Quantity:
Concept Development:
Design:
Pre -Press:
Art Direction:
Copywriting:
Typesetting Specification:
Printing Supervision:
Account Administration::
Public Relations Coordination:
Printing:
Installation:
Digital Scans/Laser Prints:
Photography:
Color Separations:
Retouching:
Space:
Postage / Shipping:
Pre -Press Supplies:
Miscellaneous:
Estimated Cost:
2 Leasing Signs
750.00
500.00
400.00
300.00
150.00
1500.00 - 4'x8'
350..00
150.00
75.00
30.00
3420.00- 8'x16'
7575.00 Sales tax exempt Anna EDC TX
zahradesign.com
Approved By: Purchase order:
PLEASE NOTE: THE COSTS LISTED ABOVE ARE ESTIMATES ONLY AND FINAL BILLING WILL REFLECT ACTUAL COSTS INCURRED. ESTIMATE WILL BE REVISED FOR CL IENT APPROVAL IF CHARGES EXCEED 15%CONTINGENCY.
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 11.
CDC Agenda
Staff Report
Meeting Date:
Staff Contact:
Perkins
Consider/Discuss/Action approving minutes from February 2, 2017.
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Minutes CDC
3/2/2017
Jessica
Upload Date Type
3/1 /2017 Backup Material
COMMUNITY
DEVELOPMENT
CORPORATION
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, February 2, 2017
The Anna Community Development Corporation ("CDC') of the City of Anna met at 5:00
p.m.', on Thursday, February 2 2017, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order, Roll Call and Establishment of Quorum.
Alonzo Tutson, Vice -President, called the meeting to order at 6:14 p.m. After roll call and
the declaration that a quorum was present, the floor was open for business.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Doug
Hermann and Nate Pike were present.
Directors in Abstention: John Houcek (resigned), and Michael Williams
(resigned) were absent.
Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards;
Jessica Perkins, Chief Administrative Officer; and Sherilyn Godfrey, secretary.
2. Invocation and Pledge.
N/A.
3. Consider/Discuss/Action regarding the resignation of Michael Williams from the
board.
Connie Stump made a motion to accept the resignation of Michael Williams from the
board. The motion was seconded by Brent Thomas. Motion passed.
4. Consider/Discuss/Action adopting a resolution approving a professional services
agreement procuring project management and real estate representation with
Funderburgh Real Estate for the Anna Business Park property.
NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
I MPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
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 Meetings Act. Disabled person who want to attend the meeting and 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.
02-02-2017 Reg CDC Meeting — Page 1
The AEDC and ACDC jointly purchased an 85-acre tract of land generally located at the
NE corner of SH-5 and the Collin County Outer Loop with the intent of developing the land
into a business park. Therefore, the Corporations will need continuous real estate
representation for future tenant negotiations. Staff recommends David D. Funderburgh,
owner of David D. Funderburgh Real Estate Investments, Inc., because of his familiarity
with the property, project goals and staff expectations. At this time, the Staff recommends
that the attached documents (referred to Exhibit "A," and incorporated for the purposes
herein), the CDC Resolution, the Scope of Services for the business park, and the
Professional Service Agreement by and between CDC and David D. Funderburgh be
approved. Brent Thomas made a motion to adopt the CDC Resolution and authorize the
Chief Administrative Officer, ("CAO") to procure the services of the aforementioned and
to execute, on behalf of CDC, subject to approval of legal form by CDC's legal counsel,
as well as to execution all necessary documents to consummate the business relationship
with said consultant. Nate Pike seconded the motion. Motion passed.
5. CLOSED SESSION (EXECEPTIONS):
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072).
b. Consult with legal counsel on matters in which the duty of the attorney to the
government 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).
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City of
Anna and with which the Board 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); Simply Floor It.
Doug Hermann made a motion to move to Closed Session that was seconded by
Connie Stump. Motion carried and the meeting moved to Closed Session at 6:19
p.m. After matters at hand were discussed, Brent Thomas made a motion to return
to Open Session. The motion was seconded by Connie Stump. Motion carried
and the meeting moved to Open Session at 7:06 p.m.
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
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 Meetings Act. Disabled person who want to attend the meeting and 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.
07-07-2016 Reg CDC Meeting — Page - 2
6. Consider/Discuss/Action adopting the minutes from the special meeting held on
November 22, 2016; and for the regular meeting from January 5, 2017.
Brent Thomas made a motion to adopt the minutes as written. Connie Stump seconded
the motion. Motion passed.
7. Adjourn.
Connie Stump made a motion to adjourn the meeting. Nate Pike seconded the motion
and the meeting adjourned at 7:09 p.m.
APPROVED:
President of CDC
ATTESTED:
Secretary of CDC
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
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 Meetings Act. Disabled person who want to attend the meeting and 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.
07-07-2016 Reg CDC Meeting — Page - 3