HomeMy WebLinkAbout2022-03-08 Joint Meeting Minutes with P&ZTHE CITY Or
Anna
Regular City Councol Meeting
Meeting Minutes
Tuesday, March 8, 2022 @ 6:30 PM
Anna ISD Board Room
201 E. 7th Street
Anna, Texas, 75409
The City Council and the Planning and Zoning Commission of the City of Anna met at
3:30 PM, on March 8, 2022, at the Anna ISD Board Room located at 201 E. 7th Street,
Anna, Texas, 75409, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:37 PM.
All City Council Members present.
Commissioner Rubits called the Planning and Zoning Meeting to order at
6:37 PM.
Commissioners Grady and Wenzel were absent. Chairman Henke arrived at
6:52 PM.
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
There were no public comments.
4. Reports.
a. Update on TXDOT Meeting with Staff.
City Manager Proce stated that the City of Anna held a coordination meeting
with TxDOT Dallas District Engineer Mo Bur on Monday, February 28, 2022, at
10 AM at the Central Fire Station. Topics discussed were Right -of -Way
Maintenance on US 75, SH 5 Widening, US 75 Widening, Traffic Signal Needs,
and US 75 Phase 1 Widening - Utility Reimbursement,
5. Work Session.
6. Consent Items.
Consent Items 6 i. and K. were removed.
MOTION: Council Member Toten moved to approve Consent Items 6 a. - h.,
and I. Council Member Ussery seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes from the February 22, 2022, Meeting.
(City Secretary Carrie Land)
b. Review minutes of the February 7, 2022, Planning &Zoning Commission
Meeting. (Director of Development Services Ross Altobelli)
c. Review minutes of the January 24th, 2022, Parks Advisory Board Meetings.
(Director of Neighborhood Services Marc Marchand)
d. Approve an Ordinance declaring the Election to the Office of Three City
Council Members and the Unopposed Candidates for Election to those offices.
(City Secretary Carrie Land)
The City Secretary is responsible for preparing the ballot and must certify the
unopposed status to the City Council. The governing body must meet, accept
this certificate, and issue an ordinance declaring the Election canceled and the
unopposed candidates elected. To complete the cancelation process, a copy of
the ordinance canceling the election must be posted on Election Day at each
polling place that would have been used in the election.
Each candidate whose name is to appear on the ballot is unopposed.
Results are as follows:
Place 2 -Pete Cain
Place 4 -Randy Atchley
Place 6 -Lee Miller
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, DECLARING THE
ELECTION TO THE OFFICE OF THREE CITY COUNCIL MEMBERS AND
THE UNOPPOSED CANDIDATES FOR ELECTION TO THOSE OFFICES;
PROVIDING THAT SUCH ELECTION SHALL BE EFFECTIVE AS OF
MAY 77 2022, AND THAT SUCH CANDIDATES SHALL TAKE THEIR OFFICE
AS PROVIDED BY LAW; PROVIDING THAT A COPY OF THIS ORDINANCE
SHALL BE POSTED ON ELECTION DAY AT EACH POLLING PLACE THAT
WOULD HAVE BEEN USED IN THE ELECTION; PROVIDING AN EFFECTIVE
DATE.
e. Approve a Resolution regarding the Dunkin Estates, Block A, Lot 1,
Development Plat. (Director of Development Services Ross Altobelli)
Single-family residence and three accessary buildings on one lot on 2.2± acres
located at the southeast corner of County Road 525 and County Road 528.
Located within the Extraterritorial Jurisdiction (ETJ). The Planning & Zoning
Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING DUNKIN
ESTATES, BLOCK A, LOT 1, DEVELOPMENT PLAT
f. Approve a Resolution regarding the Anna Town Center Addition, Block A,
Lots 10R & 11 R, Replat. (Director of Development Services Ross Altobelli)
Restaurant on lot 11 R and vacant lot on 2.2± acres located on the east side of
U.S. Highway 75, 1,300± north of W. White Street. Zoned:
Planned Development-C-2 General Commercial (Ord. No. 648-2014).
The purpose of the replat is to dedicate lot and block boundaries and dedicate
easements necessary for the development of a restaurant on Lot 11 R.
The Planning &Zoning Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA
TOWN CENTER ADDITION, BLOCK A, LOTS 10R & 11 R, REPLAT.
g. Approve a Resolution regarding the Anna Town Center Addition, Block A,
Lot 11 R, Site Plan. (Director of Development Services Ross Altobelli)
Restaurant on one lot on 1.4± acres located on the east side of U.S. Highway
75, 1,487± feet north of W. White Street. Zoned: Planned Development-C-2
General Commercial (Ord. No. 648-2014).
The purpose of the site plan is to show the proposed restaurant development
site improvements.
The Planning &Zoning Commission recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA
TOWN CENTER ADDITION, BLOCK A, LOT 11 R, SITE PLAN.
h. Approve a Resolution regarding the East Foster Crossing, Block A, Lot 1, Site
Plan. (Director of Development Services Ross Altobelli)
Multiple -family residences on one lot on 8.34a acres located at the northeast
corner of E. Foster Crossing Road and Vail Lane. Zoned:
Planned Development4F-2 Multiple -Family Residential — High Density
(PD-MF-2) (Ord. No. 941-2021).
The purpose of the site plan is to show the proposed multiple -family residential
development site improvements.
The Planning &Zoning Commission recommended approval.
1
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EAST
FOSTER CROSSING, BLOCK A, LOT 1, SITE PLAN.
Development Agreement — Anna West (Director of Development Services
Ross Altobelli)
Approve a Resolution entering into a Development Agreement with Yn, LLC, to
establish development and design regulations for residential and nonresidential
development on 43.9± acres located on the north side of Farm -to -Market Road
455, 250± feet west of County Road 287.
The Developer submitted a letter to withdraw this item.
Development Agreement —Avery Pointe Commercial, Block A, Lot 3 (Director
of Development Services Ross Altobelli)
Approve a Resolution entering into a Development Agreement with Anna 455
Commercial, LP, to establish development and design regulations for
self -storage, mini -warehouse development on 3.9± acres located on the east
side of Ferguson Parkway, 314± feet north of W. White Street.
The intent of the Development Agreement is to ensure the use of high quality,
durable materials for nonresidential and residential development within the City
to create well designed and attractive architecture.
Approving the Development Agreement in no way puts an obligation on the
City Council to approve the rezoning request. It only puts in place development
and design regulations should the decision be made to approve the rezoning
request.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
DEVELOPMENT AGREEMENT WITH ANNA 455 COMMERCIAL, LP,
RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR
SELF -STORAGE, MINI -WAREHOUSE DEVELOPMENT ON 3.9t ACRES
LOCATED ON THE EAST SIDE OF FERGUSON PARKWAY, 314± FEET
NORTH OF W. WHITE STREET.
k. Approve a Resolution entering into a Professional Services Agreement with
New Line Skateparks and authorizing the City Manager to execute the
contract. (Director of Neighborhood Services Marc Marchand)
The skatepark project will be located on the east side of Slayter Creek Park
along the channel that runs between the park and the Anna Middle School
stadium. The project budget is $1.5 million funded by the 2021 Bond Program.
The consultant selected to design the skatepark is New Line Skateparks.
New Line Skateparks is an internationally renowned full -service municipal
skatepark design team. Out of Toronto, Ontario, they have over 20 years of
concrete skatepark development experience. Though their skateparks have
been built all over North America, local projects include the Northeast
7.
Community Skatepark in Frisco, Vandergriff Skatepark in Arlington, Roanoke
Skatepark, and McKinney Skatepark. They were selected based on the quality
and success of their previous projects. This item was reviewed and approved to
move forward during the Joint Council/Park Advisory Board joint meeting work
session on February 28, 2022.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH NEW LINE SKATEPARKS
FOR THE DESIGN OF A SKATEPARK AND ASSOCIATED LANDSCAPING
AND IRRIGATION AT SLAYTER CREEK PARK
MOTION: Council Member Carver moved to approve. Council Member Toten
seconded. Motion carried 4-3. Council Members Miller, Vollmer, and Atchley
opposed.
Approve an Ordinance revising the International Property Maintenance Code
and Amending Chapter 4 of the Anna City Code of Ordinances.
(Neighborhood Services Director Marc Marchand)
The IPMC amendments add additional provisions which are necessary to make
it conform to the unique parts of the Texas law, such as notice provisions. Also,
these provisions have been modified to better reflect other City policies and
procedures. And finally, the revisions are based on the City's past experiences
and revised legal recommendations.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ESTABLISHING A REVISED PROPERTY MAINTENANCE CODE AND
AMENDING CHAPTER 4 (BUILDING REGULATIONS) OF THE ANNA CITY
CODE OF ORDINANCES; PROVIDING A PENALTY FOR VIOLATION OF
THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
Items For Individual Consideration.
a. Planned Development Amendment, Avery Point Commercial, Block A, Lots 1 R
and 3 (Director of Development Services Ross Altobelli)
1) Conduct a Joint Public Hearing with the Planning and Zoning Commission
regarding a request to amend Permitted Uses and General Conditions in
Ordinance No. 179-2005 as modified by Ord. No. 226-2005, Ord. No. 709-
2015, and Ord. No. 955-2022 within Avery Pointe Commercial, Block A, Lots
1R&3.
Mayor Pike opened the Public Hearing at 7:02 PM.
Director of Development Services Altobelli presented.
The City has received a zoning application to amend the zoning and
development regulations in Ordinance No. 179-2005 as modified by Ord.
No. 226-2005, Ord. No. 709-2015, and Ord. No. 955-2022 within Avery Pointe
Commercial, Block A, Lots 1 R & 3. The proposed amendments include
REMOVING Hotels, Apartment Hotels, and Motels from the list of Permitted
Uses and REMOVING the Conditional Use requirement for Mini -warehouse.
Additionally, the zoning request includes ADDING development standards
associated with the development of a mini -warehouse.
The proposed mini -warehouse development standards include:
o Reduced building height adjacent to residential homes -Two-story bungs
must be setback 160 feet from the eastern property boundary.
o Reduced parking for self -storage, mini -warehouse - 1 space per 100 storage
units plus 1 space per 1,000 sf GFA of office space.
o Hours of operation - 6:00 a.m. to 10:00 p.m.
o Prohibit outside storage
o Self -storage / mini -warehouse is limited to Avery Point Commercial, Block A,
Lot 3
Concept Plan:
The Concept Plan for Avery Point Commercial, Block A, Lot 3 is associated
with the zoning case and is contingent upon approval of the zoning case. The
purpose for the concept plan is to show the future self -storage, mini -warehouse
development and related site improvements.
Property Developer Clint Richardson spoke and answered questions regarding
the proposed project.
Mayor Pike closed the Public Hearing at 7:21 PM.
2) Planning & Zoning Commission - Consider/Discuss/Action on a
recommendation regarding the request to amend Permitted Uses and General
Conditions in Ordinance No. 179-2005 as modified by Ord. No. 226-2005,
Ord. No. 709-2015, and Ord. No. 955-2022 within Avery Pointe Commercial,
Block A, Lots 1 R & 3.
MOTION: Commissioner Rubits moved to approve. Commissioner
Patterson -Herndon seconded. Motion was withdrawn.
MOTION: Commissioner Rubits moved to require a closing time of 9:('10 PM.
Commissioner Patterson -Herndon seconded. Motion carried 5-0.
3) City Council -Consider/Discuss/Action on a recommendation from the
Planning and Zoning Commission and Ordinance to amend Permitted Uses
and General Conditions in Ordinance No. 179-2005 as modified by
Ord. No. 226-2005, Ord. No. 709-2015, and Ord. No. 955-2022 within
Avery Pointe Commercial, Block A, Lots 1 R & 3.
MOTION: Council Member Vollmer moved to approve as presented.
Council Member Atchley seconded.
Council Member Vollmer withdrew his motion. Council Member Atchley
withdrew his second.
MOTION: Council Member Vollmer moved to approve requiring a closing time
of 9:00 PM. Council Member Miller seconded. Motion carried 74
4) Planning & Zoning Commission - Consider/Discuss/Action on a
recommendation regarding the Avery Pointe Commercial, Block A, Lot 3,
Concept Plan.
MOTION: Commissioner Patterson -Herndon moved to approve.
Commissioner Wenzel seconded. Motion carried 3-2. Commissioners Rubits
and Ogan opposed.
5) City Council -Consider/Discuss/Action on a recommendation from the
Planning and Zoning Commission and Resolution regarding the Avery Pointe
Commercial, Block A, Lot 3, Concept Plan.
MOTION: Mayor Pike moved to approve. Council Member Miller seconded.
Motion carried 7-0.
6) Planning &Zoning Commission -Adjourn
MOTION: Commissioner Patterson -Herndon moved to adjourn.
Commissioner Ogan seconded. Motion carried 5-0.
b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance amending
Appendix 2. Schedule of Uses within Article 9.04 Zoning Ordinance of Chapter
9 Planning & Development Regulations of the City of Anna Code of
Ordinances. (Director of Development Services, Ross Altobelli)
Proposed amendments to Appendix 2. Schedule of Uses within Article 9.04
Zoning Ordinance of Chapter 9 Planning & Development Regulations of the
City of Anna Code of Ordinances.
REMARKS:
To add a level of protection for residential neighborhoods located immediately
adjacent to commercial zoning districts, staff is recommending amendments to
the Schedule of Uses (Appendix 2) by requiring the issuance of specific use
permits (SUP) for specific land uses. An SUP allows the city to evaluate a land
use as to its probable effect on the adjacent property and the community
welfare and gives the city greater authority in either approving or denying, as
the findings indicate appropriate with regard to the health, safety and welfare of
the general public. Additionally, by requiring the issuance of a SUP for a land
use additional development standards and operational conditions and
safeguards area allowed to be considered for the general welfare and
protection of adjacent property and the community, as a whole.
The specific land uses in question include:
o Motel, motor hotel, or motor lodge
o Residence hotel
o Hotel
Mayor Pike opened the Public Hearing at 7:34 PM.
c.
d.
C
There were no comments from the public.
Mayor Pike closed the Public Hearing at 7:34 PM.
MOTION: Council Member Ussery moved to approve. Mayor Pike seconded.
Motion carried 74
Annexation -Anna West (Director of Development Services Ross Altobelli)
1) Consider/Discuss/Action on a Resolution approving an Agreement
regarding services including a plan for municipal services regarding 43.9±
acres located on the north side of Farm -to -Market Road 455, 250± feet west of
County Road 287,
2) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
annex 43.9± acres located on the north side of Farm -to -Market Road 455, 250±
feet west of County Road 287.
Developer withdrew the item.
Zoning -Anna West (Director of Development Services Ross Altobelli)
1) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
establish zoning for 43.9± acres located on the north side of Farm -to -Market
Road 455, 250± feet west of County Road 287. Currently zoned: Extraterritorial
Jurisdiction (ETJ).
2) Consider/Discuss/Action on a Resolution regarding the Anna West, Block A,
Lot 1, Concept Plan.
Developer withdrew the item.
Consider/Discuss/Action on a Resolution regarding the Nelson Ranch, Block
A, Lots 1-6 &Block B, Lot 1, Final Plat.
Seven lots on 74.1± acres located on the south side of Farm to Market Road
455 (FM 455), 1,951±feet west of Houston Street (Farm to Market Road 2862).
Zoned: Extraterritorial Jurisdiction (ETJ).
The purpose for the Final Plat is to dedicate lot and block boundaries and
easements necessary for future development.
Both the City of Anna Fire Department and the Westminster Volunteer Fire
Department have reviewed the proposed plan and layout and are amenable to
the variance requests subject to:
The proposed roadway will support a load equal to or greater than 75,000
pounds. Final approval and acceptance is subject to field verification once
constructed and confirmed by a certified engineer. Fire access acceptance
letter will be provided to the property owner by the Westminster Volunteer Fire
Department to forward to the Collin County Fire Marshal for final approval.
MOTION: Council Member Toten moved to approve. Council Member Miller
seconded. Motion carried 74
f. Approve a Resolution setting a public hearing under Section 372.009 of the
Texas Local Government Code on the advisability of the creation of a Public
Improvement District and improvements within the City of Anna, Texas, for the
AnaCapri Development and authorizing the issuance of notice by the
City Secretary of Anna, Texas, regarding the public hearing. (Director of
Economic Development Joey Grisham)
Mayor Pike recused himself from the meeting.
In accordance with the AnaCapri Development Agreement, the Developer has
submitted a petition to the City to create the AnaCapri (PID). The petition is
attached to the resolution as Exhibit A. Before the City Council can create the
PID, it must hold a public hearing after 15 days' publication notice. The form of
the notice is attached to the Resolution as Exhibit B. This Resolution does not
create the PID; it only accepts the Developer's petition and provides for
scheduling of the public hearing and publishing of the notice. The Resolution
sets the public hearing for April 12, 2022. After the hearing, the City Council will
consider a separate resolution creating the PID.
A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009
OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF
THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND
IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, FOR THE
ANACAPRI DEVELOPMENT AND AUTHORIZING THE ISSUANCE OF
NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE
PUBLIC HEARING.
MOTION: Council Member Vollmer moved to approve. Council Member Toten
seconded. Motion carried 6-1. Mayor Pike abstained.
8. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exception
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071). Annexation Petition.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by subdivision
(1). (Tex. Gov't Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). Boards
and Commissions and officers of Anna Economic Development Corporations
and Anna Community Development Corporation.
MOTION: Council Member Miller moved to enter Closed Session.
Council Member Carver seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 7:43 PM.
Mayor Pike reconvened the meeting at 8:46 PM.
9. Consider/Discuss/Action on any items listed on any agenda -work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
No action was taken.
10. Adjourn.
Mayor Pike adjourned the meeting at 8:46 PM.
Approved on
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Land
22, 2022.
PROVIDENT REALTY ADVISORS
March 8, 2022
City Council
City of Anna
3223 N. Powell Parkway
Anna, Texas 75409
Anna West, Blocl< A, Lot 1
Dear Sirs/Madams,
RECEIVED
MARCH 8, 2022
PLANNING &DEVELOPMENT
CITY OF ANNA
Please consider this our request to withdraw items 6i (Development Agreement), 7c
(Annexation), and 7d (Zoning) for Anna West, Block A, Lot 1.
Sincerely,
Douglas cl<es
Director of Underwriting
10210 N. Central Expressway I Suite 300 � Dallas, TX 75231
Telephone 972-385-4100 � Fax 972-239-9373 I www.providentrealty.net