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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 1 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 2 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. 3 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. 4 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. 5 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 0 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. 2 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. 3 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. 4 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 CL J U U w 0 m 0 0 0 N O O 0 E o_ 0 M E 0 0 U) T C O U N O d U w N Q. ca 46 rn 0 U rn O U 0 a a 3 U) 0 U U d ca :r 0 0 ca 0 a 0 t RC INGRAHAM SURVEY ABSTRACT 464 ................................................... :....................................... ............................ ABST. 464 ' ARST_ •ni3 D.E.W. BABB SURVEY ABSTRACT 033 PRELIMINARY PLAT L0CATIO) 421 / GRANDISON STARK • / SURVEY ABSTRACT 798 �QJ Co O 00 ��o V 40 PGE, LTD. VOL. 5387, PG. 468 D.R.C.C.T. / O O POINT OF BEGINNING / 1..1 2" I.R.F. / / / /2 0 v C (D� QQVM5 TCV h Q / / / / CITY OF ANNA INST. NO. 20071004001376120 0.P.R.C.C.T. i / 1/2" I.R.F. / L6 / ILAAJ F'UVVtK ANU LIUM I.UWANT /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 Q o "C.I.R.F" CAPPED IRON ROD FOUND O "I.R.C.N.F." IRON ROD CALLED BUT ...... ;' ;: NOT FOUND . ... ' .. .. ........ 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