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HomeMy WebLinkAboutRes 2021-08-968 Development Agreement with Harlan Properties, Inc (Anna Ranch) RECORDEDCITY OF ANNA, TEXAS RESOLUTION NO. d Oa $ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH LHJH PROPERTIES, LTD, A TEXAS LIMITED PARTNERSHIP, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI -USE DEVELOPMENT LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF FUTURE ROSAMOND PARKWAY AND FUTURE FERGUSON PARKWAY. WHEREAS, Harlan Properties, Inc., is the Property Owners of real estate generally located at the northeast, southeast, and southwest corners of future Leonard Avenue (CR 422) and E Foster Crossing (CR 421); and WHEREAS, Property Owners desire to rezone the subject property to allow industrial, commercial, and residential uses; and WHEREAS, Property Owners have agreed to development and design regulations should the City approve rezoning the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval The City Council hereby approves the Development Agreement with Harland Properties, Inc., attached hereto as Exhibit A, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 24th day of August 2021. ATTESTED: Carrie L. Land, City Secretary APPROVED: Pike, Mayor 20211216002536050 12/1612021 11:06:32 AM AG 1116 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of August 24, 2021 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and Harlan Properties, Inc. ("Property Owner") as follows: RECITALS WHEREAS, the Property Owner is the sole owner of 205.0± acres of real ;prope de ribed in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and, f� v WHEREAS, Property Owner has applied to rezone the o rty II r nned Development -Multi -Use which will include the following zo i is ri s wi odified development standards; Light Industrial District (1-1), C-2 General m r 'al D' rict (C-2), MF-2 Multiple -Family Residential - High Density (MF-2) F-6 Si le- ily Residence District (SF-60), and SF-TH Townhome District (S -TH); d. WHEREAS, the City's Planning & Zoning C ssi d uncil have given the requisite notices by publication and o e1 Vis a s uled public hearings with respect to the rezoning of the Property s e ired la an WHEREAS, in the case of the Propert g on , t City and Property Owner desire to enter into a development agree a bli development and design regulations to ensure that future developme i ro iat the area and fits in well with adjacent properties; and, WHEREAS, it is the a ' s' tbsL jWrft that this agreement shall govern only the subject matter spe ' ' ally a rth rei and shall supersede City Regulations only to the extent that any s h u ions tly conflict with the terms of this development agreement; and, NO TAkREFORY, i consideration of the above recitals and the mutual consideration as reflect in Np c en nts, duties and obligations contained herein, the sufficiency of which is hereby ac owledg0d, the Parties hereto agree as follows, effective as of the Effective Date: SECTION 1. RECITALS INCORPORATED. 1 1 Page The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this development agreement and said recitals constitute representations by Property Owner, Developer, and the City. SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS. Development and use of the Property, including, without limitation, th N construction, installation, maintenance, repair, and replacement of all buildings and all of r i rovements and facilities of any kind whatsoever on and within the Property, shall be in mp * nce with City Regulations unless expressly stated to the contrary in this Agreement. Cit a ations shall apply to the development and use of the Property unless pres f h the contrary in this Agreement. It is expressly understood and the � 1 gr t t ty Regulations applicable to the Property and its use and develop^t inc d b t en li ited to City Code provisions, ordinances, design standards, unifor o re ns not affected by this Agreement, and other policies duly adopted th it in d' g without limitation any such regulations or requirements that were a t ge of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas o r en Co ("Materials and Methods Regulations"), which are collectively in porat d erein f s forth in full for all purposes; provided, however, to the extent co fli be e the requirements of Materials and Methods Regulations and th re uir m is f t ' ement, this Agreement shall control. For purposes of this Agre m nt, ' eg a can the City's applicable development regulations in effect on t tiv ate, inc ing without limitation City Code provisions, ordinances (including, wit u on, II d pment fees), design standards, and other policies duly adopted by th Cit pro 'de ,however, that as it relates to public infrastructure for any given phase o jec , e applicable construction standards (including, without limitation, uni di c es) shall be those that the City has duly adopted at the time of the filin o pp 'cati or a preliminary plat for that phase unless construction has not commend d ithin o ears of approval of such preliminary plat in which case the construction standard s I be h e that the City has duly adopted at the time that construction commence With raaon sti tures ev pment within the PD-MU Zoning District, each Property Ownea it o ns th roperty (or portion thereof) agrees to to comply with all City Regulsonry material requirements and all other requirements of the An ances, Article 9.04 Zoning Ordinance, Section 9.04.034 Su lict Regulations, Subsection (e) Architectural Design Standards, which are incori a if set forth in full for all purposes, and with the following standards (in the evn ' t, the following listed standards shall govern). Industrial Buildings / Zoning 2 1 Page A. In addition to window and door glazing, 100% of all building facades shall consist of brick, split face block, concrete, or glass. A minimum of two of these materials shall be used on the front and side facades. B. 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. /\ C. Metal exterior walls are prohibited. Metal panels may be used only a accents, awnings, and canopies. D. Buildings shall be articulated at all entrances facing stre tg (fagade articulations that extend outward from the buil point in a corresponding manner) in the fagade of a m offset shall extend a minimum of 20 feet in length. must extend to the parapet of the building. Buildi awning or canopy. O E. Windows and/or glass shall not exc ed °° efl ti ' Building Code energy requireme?s F. Parking garages shall utilize the KI ral t some pth. Each or articulation covered by an all comply with adopted riaTs and colors as the main building. A. The exterior walls (exc di do rs door frames, windows, and window frames) of buildings shall u on s ne, ric and/or split face concrete masonry units (CMU) in the construct' e e en acade that is visible to the public. The use of other hig lity mat rials r ilding trim, architectural decoration, and other design ele nts a of pre uded; however, they are subject to approval by the zoning admini ato n ho contribute to the overall design concept. W e the n ion of an individual business, or the recognized identity of a brand tat pe fic style, image, or building material associated with that company, the ma ry pr ision may be modified; however, the development shall maintain harmony in terms of overall project design and appearance, and such design shall be subject to approval by the city council after recommendation from the planning and zoning commission. a -..- C. At least 60 percent of exterior fagades not visible to the public (excluding doors, door frames, windows, and window frames) are required to be brick or rock veneer. D. A maximum of 10 percent of any exposed exterior wall not visible to the public may consist of EIFS. Multiple -Family Residence Buildings / Zoning A. The exterior walls (excluding windows and doors) on the front io of IINZY multifamily structure shall be 80 percent masonry. The totalt remaining exterior walls (excluding windows and doors 0ll be 0nry. B. A maximum of 5 percent of any exposed exterior wall may nsi op C. Roofing materials for buildings and structures mu shingles shall be accompanied wit a minis circumstance shall three -tab shingles i D. Accessory buildings shall use ilbr used on the primary buildings. f E. Two or more distinct building four primary buildings. A. Residential arch 1) ; bof shingles, said warranty. Under no materials as those igned for projects with more than Wi in res`Idential developments, single-family homes with substantially i nti I exterior elevations can only repeat every three (3) lots when fro ' g the same right-of-way including both sides of the street. Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations. 2) Roofs: Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, or better product as compared with said materials. Should 4 1 Page architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be used as roofing material. 3) Building articulation: At least four (4) facade articulation techniques are required on each single-family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior a,l;jiculation. i. A base course or plinth course; banding, moldings, o stri courses; quoins; oriels; cornices; arches; brackets; keystones; dor rs; uvers as part of the exterior wall construction. (Quoins a ng all wrap around the corners of the structure for at le fee ii. Balconies. O ... o......,._.,,.. _ �1 fations with a minimum :an be substituted if official. upplementary District Standards the exterior floor front elevation of d 80 percent on the second -floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80 percent masonry. ii. A maximum of 5 percent of any exposed exterior wall may consist of EIFS. am 5) Garage doors: All garages must also incorporate wood clad (or equivalent) garage doors or wood composite doors and contain at least two of the following enhancements: i. Two single garage doors (in lieu of double doors); Decorative windows; Decorative hardware; Garage door recessed a minimum of 12 inches Cast stone surround. 0j'*4' 6) Front door: All doors on the font facade of a wood, iron, glass, and/or architectural fiberglq SECTION 3 Any and all notices required to be give will be deemed delivered upon persq United States mail, certified, return rec, SECTION cted of a s hereto must be in writing and de ered, or when mailed in the ressed as follows: Wof Anna 111 North Powell Parkway PO Box 776 Anna, Texas 75409 Attn: City Manager Harlan Properties. Inc. 2404 Texas Drive, Suite 103 Irving, Texas 75062 Attn: Suresh Shridharani TIONS OR TERMINATION. This Agreement may only be modified and/or terminated as follows: (a) by mutual written agreement of Property Owner and City; and/or (b) unilaterally by City upon default of the Property Owner. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve the rezoning of the Property to be zoned as Planned Development -Multi -Use which includes the following zoning district with modified development standards; Light Industrial District (1-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-60 Single -Family Residence District (SF-60), and SF-TH Townhome District (SF-TH), as set forth in Section 9.04 of the Anna City Code of Ordinances, ("Zoning Ordinance"). The parties acknowledge and agree that the rezoning of the Property is a legislati e t and that this Agreement does not bind the City Council to approve any proposed re nin of the Property. _ SECTION 5. DEFAULT. If Property Owner, its heirs, successors or assigns or subsequdh NE f �e r erty, fail to fully comply with all the terms and conditions included in this re t (th `Defaulting Owner"), City will have the following non-exclusive and cum ive die A. Withholding of utilities or withholding o$�ocati n f per its and other approvals required for development and use of p id o he a that is the subject of the default (but no other portions f he r ) i I ithout limitation building permits and certificates of occq ary B. The Defaulting Owner, or its h rs su ess s o assigns, or subsequent owners of the Property (collectively, th fa ng eve per Parties") shall be liable to pay to the City the sum of $2 0 e h 'I to fully comply with the development standards set forth in c on 3 th Agreement. The Defaulting Developer Parties shall be liable to a th C sai $ ,000 sum per day for each day that such failure to comply occ s. Th s s of oney to be paid for such failure(s) is not to be cons' ered pe Ity, ut shall be deemed, taken and treated as reasonable liq dat a s tha c ue per day that such a failure shall exist or occur. The said mo is are fixed and agreed upon by the parties because of the impracti bili an reme difficulty of fixing and ascertaining the actual damages t City in su h event would sustain; and said amounts are agreed to be the m is o da ages which the City would sustain. Notwithstanding the foregoing, n e o th Defaulting Developer Parties shall be liable to pay the liquidated dama hat accrue under this paragraph unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). In the event of a breach that is not timely cured in accordance with this paragraph, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date th t City first provided written notice of such breach under this paragraph and the Cit sh of be required to provide any subsequent written notices as to subsequent date or es during which such breach is repeated or continues to occur. C. In the event of a default, the non -defaulting party willo remedies available to it at equity or in law. z SECTION 6. BINDING ON SUCCESSORS, AGREEME This Agreement will be binding upon and successors, assigns and personal represe tat and be binding on all subsequent Prop�y ne SECTION 7. INDEMNIFICATION ANDA10 S. n III LAND. parties' respective will run with the land r IN CONNNZWZ WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD THAT dim SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE THE PROPERTY. At no time shall the Cit ha co rcharge of the design, construction or installation of any oft rov en to e Property or related work or undertakings, nor the means, methods to s, s que or procedures utilized for the design, construction or installation rela d to me. Thi greement does not create a joint enterprise or venture between the Cit a d y the emnified Parties. This Section 7will survive the termination of this A ement. SECTION 8. RECORDATION. Property Owner at ' os i record this document, including all the Exhibits, in conjunctio f mal op n by the City Council, and immediately provide a recorded c to e Y. S "TI9. EN E G EMENT. This A em+i' t entire agreement of the parties regarding the subject matter hereto. 9 1 Page SECTION 10. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. AUTHORITY. Property Owner represents and warrants to the City that the Property Property that this Agreement is binding and enforceable on the Property. SECTION 12. INVALID PROVISIONS. If any provision of this Agreement is held not valid, such pr&40 excised there from and the invalidity thereof will not affect an Notary Public, State of Texas 10 1 Page Is KAREN L AVERYNotary ID #132840568My Commission ExpiresDecember 24, 2024 the be 2021, ame is ame in Harlan Properties, Inc. By: Suresh Shridharani, President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned notary public, on the Nj� day i Shridharani, known to me (or proved to me) to be the person foregoing instrument, and acknowledged to me that he/sh capacity as PresillknI of Harlan Properties, Inc. f Notary Public, State of Texa OSuresh )ed to the in his/her EXHIBIT 1 ZONING DESCRIPTION 205.450 ACRES BEING A 205.450 ACRE TRACT OF LAND SITUATED IN THE GRANDERSON STARK SURVEY, ABSTRACT NO. 798 AND THE DAVID E.W. BABB SURVEY ABSTRACT NO. 33, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A 360.545 ACRE TRACT OF LAND, CONVEYED TO HARLAN PROPERTIES, INC. BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 20121228001650300 OFFICIAL PUBLIC RECORDS, COLLIN, TEXAS, SANBDS ACRE TRACT, WITH BEARING BASIS BEING THE MONUMNETED NORTH LIN 360.545 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP ST SURVEYING" SET FOR THE SOUTHEAST CORNER OF A 69.551 CONVEYED TO GEHAN HOMES, LTD., AS RECORDED IN COu<rV 20201012001765080, OFFICIAL PUBLIC RECORDS, COLLIN COUTn BEING ON THE EAST LINE OF SAID 360.545 ACRE TRACT; THENCE, ALONG THE EAST LINE OF SAID 360.545 ACRE COURSES AND DISTANCES: w SOUTH 00 DEGREES 30 MINUTES 17 TO A 1/2" IRON ROD FOUND FOR C1 SOUTH 89 DEGREES 52 MINI TO A 1/2" IRON ROD FOUND SOUTH 00 DEGREES 00 MINUTSY TO A 1/2" IRON ROD FO SOUTH 00 DEGREES 1 T A "X" CUT IN CONC TE OUN COLLIN COUNP�QL RO OF 711.12 FEET , NDISTANCE OF 233.51 FEET T, A DISTANCE OF 1038.95 FEET :C(TNDS EAST, A DISTANCE OF 742.74 FEET TO CORNER ON THE NORTH LINE OF THE .TABLE WIDTH RIGHT-OF-WAY); GH OF SAI eNLL C6tVT L E ODSAND HNORTH THE FOLLOWING COURSES ANDDISTANC S: NOkTH D NOOUND FOR CORNER; WEST, A DISTANCE OF 1380.35 FEET TO A2" I ORTH 8 D43REES 39 MINUTES 07 SECONDS WEST, A DISTANCE OF 2076.95 FEET 1 1/ /IRVN ROD FOUND FOR CORNER; NSRT i,n DEGREES 04 MINUTES 37 SECONDS WEST, A DISTANCE OF 224.40 FEET TO A POINT FOR THE SOUTHEAST CORNER OF AN 85.571 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA ECONOMIC DEVELOPMENT CORPORATION RECORDED IN COUNTY CLERK'S FILE NO. 2017013000004800, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, OVER AND ACROSS SAID 360.545 ACRE TRACT AND ALONG THE EAST LINE OF SAID 85.571 ACRES, THE FOLLOWING COURSES AND DISTANCES: SANTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx NORTH 00 DEGREES 55 MINUTES 23 SECONDS EAST, A DISTANCE OF 224.40 FEET TO A POINT FOR CORNER; NORTH 55 DEGREES 24 MINUTES 03 SECONDS WEST, A DISTANCE OF 316.51 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 48 MINUTES 29 SECONDS EAST, A DISTANCE OF INFEET TO A POINT FOR CORNER; NORTH I I DEGREES 33 MINUTES 53 SECONDS WEST, A DISTANCE OF 61. A POINT FOR THE NORTHEAST CORNER OF SAID 85.271 ACRE TRAC ON THE NORTH LINE OF SAID 360.545 ACRE TRACT; THENCE, SOUTH 89 DEGREES 11 MINUTES 32 SECONDS EAST,i&L,IdNG OF SAID 360.545 ACRE TRACT, A DISTANCE OF 346.26 FEET TO ���% FOR CORNER; THENCE, SOUTH 89 DEGREES 01 MINUTES 26 SECONDS E T TI G LONG SAID NORTH LINE OF SAID 360.545 ACRE TRACT, A DJ,F ANC F 933.0 T A 1/2" IRON ROD FOUND FOR CORNER; (v, THENCE, NORTH 00 DEGREES 31 MINUTE 59 DSXAL G THE WEST LINE OF SAID 360.545 ACRE TRACT, A DISTANC7 811.2 E /2" IRON ROD FOUND FOR CORNER; r f THENCE, NORTH 00 DEGREES 29 M WEST LINE, A DISTANCE OF 330.28 SOUTHWEST CORNER OF AFORB& THENCE, OVER AND ACROSISAD 3 SAID 69.511 ACRE TRACT, T F LL SOUTH 89 DFfREES A 5/8" IRO S 37 A SNSEC%NDNAST, CONTINUING ALONG SAID O A "X"�c�c IN CONCRETE FOR THE 5 C TRACT; S�CRE TRACT AND ALONG THE SOUTH LINE OF J COURSES AND DISTANCES: J,S40 SECONDS EAST, A DISTANCE OF 70.00 FEET TO W PLASTIC CAP STAMPED "LJA" SET FOR CORNER; 13 SECONDS EAST, A DISTANCE OF 931.67 FEET TO SOUTH N DEVREES 21 MINUTES 13 SECONDS EAST, A DISTANCE OF 60.15 FEET TO OUTH 7YEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 162.66 FEET TO A OR CORNER; SOUTH 74 DEGREES 06 MINUTES 47 SECONDS EAST, A DISTANCE OF 57.51 FEET TO A POINT FOR CORNER; SOUTH 76 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; S:\NTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx SOUTH 78 DEGREES I 1 MINUTES 56 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 80 DEGREES 17 MINUTES 09 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 22 MINUTES 22 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; %%%, SOUTH 84 DEGREES 12 MINUTES 16 SECONDS EAST, A DISTANCE OF 58. A POINT FOR CORNER; SOUTH 85 DEGREES 49 MINUTES 43 SECONDS EAST, A DISTANCE A POINT FOR CORNER; O A SOUTH 35 DEGREES 27 MINUTES 23 SECONDS EAST, A D A POINT FOR CORNER; SOUTH 00 DEGREES 30 MINUTES 17 SECONDS WE TO A 5/8" IRON ROD WITH YELLOW PLA^ CAP CORNER; /� /., SOUTH 89 DEGREES 29 MINI THE POINT OF BEGINNING Michael J. BaituVR.P.L.S. Registered Professional Lan, Texas Registration No. 4574 LJA Surveying, Inc. 6060 North Central E ress% Dallas, Texas 752 /ON 3�ICE OF 230.49 FEET ACRES LAND, MORE OR S:\NTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx >O S 3 5 14 i5 3 53 j O O f Ye r-,YJp X" "' �i: v..3laec+lam tom' '- F - W. S pig ` g F � 3 1� t r w � lit p W 9 p 7 a E uo a r _ 9 N W ± Z 7i l A £§ 5 U U C 3 9 ¢ Z z z { N e t. oil g�yp{p 1J, s"N ks" � f i 3i Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 12/16/2021 11:06:32 AM $86.00 MMCOUEEN 20211216002536050