HomeMy WebLinkAboutRes 2022-05-1177 First Amendment to Development Agreement With Anna 51 Joint Venture (Villages of Waters Creek) RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. boa? -D5
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIRST
AMENDMENT TO A DEVELOPMENT AGREEMENT WITH ANNA 51 JOINT
VENTURE, A TEXAS LIMITED PARTNERSHIP RELATING TO DEVELOPMENT AND
DESIGN REGULATIONS FOR MUTT -USE DEVELOPMENT LOCATED ON THE
SOUTH SIDE OF WEST WHITE STREET, 1,290± FEET WEST OF OAK HOLLOW
LANE,
WHEREAS, Anna 51 Joint Venture, a Texas Limited Partnership is the Property Owner of real
estate located on the south side of West White Street (Farm to Market Road 455), 1,290±
feet west of Oak Hollow Lane;
WHEREAS, Property Owner entered into an agreement to development and design
regulations as approved by Resolution No. 2020-06-741; and
WHEREAS, the Property Owner, has requested to modify the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with Anna 51 Joint
Venture, a Texas Limited Partnership, attached hereto as Exhibit 1, and ratifies and
approves the City Manager's execution of the same. The City Manager is hereby
authorized to execute all documents and take all other actions necessary to finalize, act
under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 24th day of May 2022.
ATTESTED: APPROVED:
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EXHIBIT 66
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DEVELOPMENT AGREEMENT
This Amended and Restated Development Agreement (this "Agreement") is entered
effective as of May 24, 2022 ("Effective Date") between and among the City of Anna,
Texas ("City") and Anna 51 Joint Venture, a Texas Limited Partnership ("Property
Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of 65.0± acres of real property
described and described in Exhibit A and depicted in Exhibit B and Exhibit C (the
"Property"); and,
WHEREAS, the Property Owner has applied to rezone the Property in order to amend
existing planned development standards; and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with
respect to the rezoning of the Property as required by law; and,
WHEREAS, in the case of the Property potentially being rezoned, the City and Property
Owner entered into a development agreement dated effective June 23, 2020, Resolution
No. 2020-06-741, to establish development and design regulations to ensure the use of
high quality, durable materials along the West White Street (FM 455) corridor to create
well designed and attractive architecture and is complementary to adjacent residential
properties; and,
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the
subject matter specifically set forth herein and shall supersede City Regulations only to
the extent that any such City Regulations directly conflict with the terms of this Agreement;
and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration
as reflected in the covenants, duties and obligations contained herein, the sufficiency of
which is hereby acknowledged, the Parties hereto agree as follows, effective as of the
Effective Date:
SECTION 1. RECITALS INCORPORATED.
DEVELOPMENT AGREEMENT
PAGE 1
EXHIBIT A
BEING that certain tract of land situated in the Thomas Rattan Survey, Abstract Number 782, Collin
County, Texas and being all of those tracts of land to Anna 51 Joint Venture L.P. (A Limited Partnership)
recorded in Instrument Number 20150120000064460 herein after referred to as Tract 1 and
20200909001518080 herein after referred to as Tract 21 of the Official Public Records of Collin County,
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of said Tract 2, being the southwest corner of a tract of land to Oak
Hollow Estates Phase 3 recorded in Volume 5535 Page 4805 and beingin the north line of a tract of land
to Oak Hollow Estates Phase 6 recorded in Instrument Number 20140423010001240 of said County
Records;
THENCE S 880 38' 11" W, 260.79 feet to the southwest corner of said Tract 2 and being the southeast
corner of said Tract 1;
THENCE continuing with the south line of said Tract 1 the following bearings and distances:
S 880 50' 57" W..176.39 feet;
S 88" 36' 07" W, 270.58 feet;
S 880 30' 03" W, 442.69 feet to the southwest corner of said Tract 1 and being in the east line of
a tract of land to Caalms Group LLC (A Limited Liability Company) recorded in Instrument
Number 20180904001111350 known as Tract 6 of said County Records;
THENCE N 020 26' 41" W,1,507.32 feet to the northeast corner of said Caalms Tract and being the
southeast corner of a tract of land to Anna Retail Addition Block A recorded in Volume 6024, Page 4397
of said County Records;
THENCE N 020 44' 57" W,1,023.96 feet to the northwest corner of said Tract 1, being in the south right-
of-way line of Farm -to -Market Road 455 (a variable width right-of-way) and being the beginning of a
non -tangent curve to the left;
THENCE along the common line of said south right-of-way line of said F.M. 455 and the north line of said
Tract 1 and said Tract 2 the following bearings and distances:
With said non -tangent curve to the left, an arc distance of 212.81 feet, through a central angle
of 300 37' 41", having a radius of 398.10 feet, and a long chord which bears S 630 28' 02" E,
210.28 feet;
S 78" 46' 52" E, 171.20 feet to the beginning of a curve to the left;
With said curve to the left, an arc distance of 282.66 feet, through a central angle of 21° 25' 00",
having a radius of 756.20 feet, and a long chord which bears S 890 29' 22" E, 281.02 feet;
N 790 48' 10" E, 321.52 feet;
N 780 10'39" E, 75.59 feet to the beginning of a non -tangent curve to the right;
With said non -tangent curve to the right, an arc distance of 183.88 feet, through a central angle
of 05° 38' 04", having a radius of 1,869.86 feet, and a long chord which bears N 820 39' 48" E,
183.81 feet to the northeast corner of said Tract 2;
THENCE *S 01° 14" 51" E, 2,467.52 feet to the POINT OF BEGINNING and containing 2,350,071 square fleet
or 65.429 acres more or less.
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PROJECT NO. CCR20061
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OWNER
NORTH ANNA 51 JOINT VENTURE LP
2705 CLUBLAKE TRAIL
MCKINNEY. TX M72
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PLANNER / ENGINEER
PELOTON LAND
SOLUTIONS. INC
11000 FRISCO STREET
SUITE 400
FRISCO, TEXAS 75034
PHONE: 469413-1800
CONTACT: DAVID KALHOEFER
THE VO.LAGES AT WATERS CREEK
ZONING EXHIBIT
BEING A 65.588 ACRE TRACT IN THE IN
THE THOMAS RATTON SURVEY. A0782.
SITUATED IN CITY OF ANNA. COLLIN
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THE VILLAGE AT WATERS CREEK
BLOCK B, LOT 3
CONCEPT PLAN
BEING A POIMON OF A 65.429 ACRE TRACT IN THE
THOMAS RATION SURVEY, Ab*cct No. 782
SITUATED IN CITY OF ANNA, COLLIN COUNTY, TEXAS
APRIL 6, 2022
PREPARED BY: OWNER
"M OMNIPLAN, INC. ANNA 51 JOINT VENTURE LP
1845 WOODALL RODGERS FWY. # 1600 2705 CLUBLAKE TRAIL
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DALLAS, TEXAS 75201 MCKINNEY. TEXAS 75072
PHONE, (214) 824-7080 PHONE: (2141 BD2-8264
M.47, , - - W. - �77 CONTACT: CLINT ASHWORTH CONTACT: BRYAN GRANT
EXHIBIT C
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The recitals set forth above are incorporated herein as if set forth in full to further describe
the Parties' intent under this Agreement and said recitals constitute representations by
Property Owner and the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
With respect to all structures/development within the Planned Development -Restricted
Business District/Multiple-family — High Density/Single-Family Residential District (PD-C-
1/MF-2/SF-60) Zoning District, Property Owner agree to comply or to cause the builders
to comply and any other successors or assigns to comply with this Agreement and all City
Regulations and with the masonry material requirements and all other requirements of
the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034
Supplementary District Regulations, Subsection (e) Architectural Design Standards and
with the following standards (in the event of any conflict, the following listed standards
shall govern).
Nonresidential Buildings
A. The exterior walls (excluding doors, door frames, windows, and window frames)
shall use only stone, brick, and/or split face concrete masonry units in the
construction of the exterior facade that are visible to the public. The use of other
high -quality materials for building trim, architectural decoration, and other design
elements shall not be precluded; however, they are subject to approval by the
zoning administrator and should contribute to the overall design concept.
B. At least 60% of exterior fagades not visible to the public (excluding doors, door
frames, windows, and window frames) are required to be brick or rock veneer.
C. Where the function of an individual business, or the recognized identity of a brand
dictates a specific style, image, or building material associated with that company,
the masonry provision 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
& Zoning Commission.
Multiple -Family Residence Buildings
A. All multi -family buildings and structures shall have at least eighty percent (80%),
for the first three stories of the total exterior walls facing public streets above
grade level, excluding doors and windows, and recessed balcony areas (should
DEVELOPMENT AGREEMENT
PAGE 2
be allowed as plane break), constructed of masonry (brick, stone, pre -cast
stone, and other similar veneer material) or stucco materials with no more than
(20%) consisting of cementitious siding (Hardie products).
B. Shall be substantially in conformance with the multiple -family building elevation
plan (Exhibit D).
C. Roofing materials of a structure may only consist of architectural asphalt shingles
(including laminated dimensional shingles), clay and concrete tile, metal shingles,
mineral -surfaced row roofing or standing seam metal, slate and slate -type
shingles, or an equivalent or better product as compared with said materials.
Should architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25-year warranty. Under no circumstance shall
three -tab shingles be used as roofing material.
D. Accessory buildings shall use similar building and roofing materials as
those used on the primary buildings.
E. With the exception of patios and private yards, fencing is not permitted in front of
any building facing a public street. Patio and private yard fencing is restricted to
wrought iron, tubular steel, or tubular aluminum with a maximum height of 4 feet
(48 inches).
F. Two or more distinct building models shall be designed for projects with more
than four primary buildings.
G. A covered entry area shall be designed at the main entry to each building.
H. A minimum of 75% of all units must have one of the following design features:
a true balcony, stoop, or patio to create outdoor living space.
I. No building facade may exceed a length of 75 feet without a break in the fagade
of a minimum depth of two (2) feet for a minimum length of ten (10) feet.
J. Four architectural design features are required on facades facing public•streets,
parking and common areas. Acceptable architectural design features may
include but are not limited to:
1) Articulation of building facade
2) Extensions to the building through bay or box windows, and other similar
features projecting out from the facade
3) A horizontal change in building materials between stories of a building
DEVELOPMENT AGREEMENT
PAGE 3
4) Variation in building materials between vertical intervals
5) Variations in window placement
6) Architectural features such as shutters, awnings, dormers, chimneys,
decorative moldings or ornamental details
7) Roof height, pitch, ridgelines and materials shall be varied to create
visual interest and avoid repetition.
Single -Family Residence Buildings
A. Except as noted below, the exterior walls (excluding windows and doors) on the
first -floor front elevation of any structure shall be 90 percent masonry and on
the second -floor front elevation shall be 80 percent masonry. The total
cumulative surface area of the remaining exterior walls (excluding windows and
doors) shall be 80% masonry.
B. Second floor Dutch gable roof elements are not required to be masonry if set
back at least 3 feet from the first -floor front elevation vertical plane.
C. The masonry standards that apply to the front elevation of a structure as
described in subsection (A) above shall also apply to any exterior walls on a
structure that are: (i) adjacent to and face a public street or right-of-way; or (ii)
visible from and located immediately adjacent to a public park, reserved open
space or neighborhood common area, or an undeveloped flood hazard or
drainage area that is also adjacent to a public street.
D. Roofing materials of a structure may only consist of architectural asphalt
shingles (including laminated dimensional shingles), clay and concrete tile,
metal shingles, mineral -surfaced row roofing, standing seam metal, slate and
slate -type shingles, or an equivalent or better product as compared with said
materials. Should architectural shingles be used as roofing material, said
shingles shall be accompanied with a minimum 25-year warranty. Under no
circumstance shall three -tab shingles be used as roofing material.
Hike and Bike Trail Easement
A. Within or within proximity to the 100-year Drainage and Floodway Easement a
10-foot wide hike and bike trail and easement shall be constructed and dedicated
to the City. The hike and bike trail shall connect from West White Street (FM
455) to the City of Anna property, Oak Hollow Estates, Phase 6A, Block F, Lot
1 X as depicted in Exhibit C. Developer shall receive Park Development Fee
credit towards all costs associated with the actual construction of the 10' hike
and bike trail.
DEVELOPMENT AGREEMENT
PAGE 4
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing
and will be deemed delivered upon personal service, if hand -delivered, or when mailed in
the United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Property Owner: Anna 51 Joint Venture
2705 Clublake Trail
McKinney, Texas 75072
Attn: Don W. Collins, Manager
SECTION 4. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual written
agreement of the City and Owner or, after a Closing (as hereinafter defined), by a
Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default of the
Owner or Subsequent 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 Zoning Change on or before the 24th day of May 2022. The parties
acknowledge and agree that the rezoning of the Property is a legislative act and that this
Agreement does not bind the City Council to approve any proposed rezoning of the
Property.
SECTION 5. DEFAULT.
If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or
any part thereof fails to comply with any of the material terms and conditions included in
this Agreement (such defaulting owner referenced herein as "Defaulting Owner"), the City
will have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other
approvals required for development and use of the portion of the Property that
is the subject of the default (but no other portions of the Property) including
without limitation building permits and certificates of occupancy.
DEVELOPMENT AGREEMENT
PAGE 5
B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for
each failure to materially comply with the development standards set forth of
this Agreement. The Defaulting Owner shall be liable to pay the City said $2,000
sum per day for each day that such failure to comply occurs. The sums of
money to be paid for such failure(s) is not to be considered as a penalty, but
shall be deemed, taken and treated as reasonable liquidated damages that
accrue per day that such a failure shall exist or occur. The said amounts are
fixed and agreed upon by the parties because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages the City in such
event would sustain; and said amounts are agreed to be the amounts of
damages which the City would sustain. In the event of a breach that is not
timely cured as set forth below, the sum of liquidated damages shall be
calculated to include each and every day of the occurrence of the breach
beginning on the date that the City first provided written notice of such breach
under this paragraph and the City shall not be required to provide any
subsequent written notices as to subsequent dates or times during which such
breach is repeated or continues to occur
C. The non -defaulting party will additionally have any and all remedies available to
it at equity or in law.
Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies
under this section 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).
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective
successors, assigns and personal representatives. This Agreement runs with the land
and is binding on all subsequent owners of the Property or any portions thereof. This
section shall be construed liberally to ensure the Parties' intent that this Agreement shall
be enforceable regardless of any change of ownership of or interest in the Property.
Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Agreement,
DEVELOPMENT AGREEMENT
PAGE 6
if the Owner or a Subsequent Owner (the "Transferor") conveys, assigns, or transfers its
entire interest in the Property or a part thereof (the "transferred Property") to a
Subsequent Owner (the "Transferee") who assumes Transferor's obligations under this
Agreement with respect to the transferred Property, the Transferor shall be automatically
released from its obligations under this Agreement relating to the transferred Property
subsequent to the date of transfer.
SECTION 1, INDEMNIFICATION AND HOLD HARMLESS.
THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT
OF A CLOSING (THE "INDEMNIFYING PARTY"), HEREBY COVENANTS AND
AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY
AND ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND
DEMANDS AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING
WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES,
EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS
(TOGETHER, "CLAIMS"), ARISING OUT OF THE NEGLIGENCE OR OTHER
WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING WITHOUT
LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF
ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND
AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY
PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR
IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS
AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE
DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING
REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS
SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY
THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF
THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE
REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S
SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE
CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY,
THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A
FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING
PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY
FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD
HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY
PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE
DEVELOPMENT AGREEMENT
PAGE 7
EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS
RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S
RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN
THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY;
OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION
OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City
have any control over or charge of the design, construction or installation of any of the
improvements to the Property or related work or undertakings, nor the means,
methods, techniques, sequences or procedures utilized for the design, construction or
installation related to same. This Agreement does not create a joint enterprise or
venture between the City and any of the Indemnified Parties. This section shall survive
the termination of this Agreement.
SECTION 8. REQUIREMENT FOR RECORDATION.
This document, including all Exhibits, may be recorded in the Official Records of Collin
County, Texas.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Owner represents and warrants to the City that the Owner owns the Property and that
this Agreement is binding and enforceable on the Property. Owner may sell the Property
or a part thereof to a person or entity (the "Closing") prior to commencement of site
construction on the property sold, and in such event the Subsequent Owner shall be
required to acknowledge and assume all obligations, liabilities and indemnifications
under this Agreement.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be
excised there from and the invalidity thereof will not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT
PAGE 8
SECTION 13. ESTOPPEL.
On or before 15 days after receipt of a written request from an owner of the Property
that desires to transfer its interest in the Property or borrow money secured by a
mortgage or deed of trust against the Property or a prospective transferee of an
owner's interest or an existing or prospective mortgagee, the City will execute and
deliver an estoppel certificate stating that, to the best of the City's knowledge: (i) the
transferring or borrowing owner is not in default under this Agreement; and (ii) this
Agreement is in full force and effect and whether there are any amendments thereto.
SECTION 14. FORCE MAJEURE.
Whenever a period of time is prescribed in this Agreement for a Party (the Acting Party')
to take an action (other than a payment obligation), the Acting Party will not be liable or
responsible for, and there will be excluded from the computation of any such time period,
the period of time (the "Force Maieure Period") of delays caused by strikes, riots, acts of
God, pandemic, enemy action, shortages of .labor or materials, war, acts of terrorism,
flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the
reasonable control of the Acting Party or any of its employees, agents, or contractors, but
not any economic hardship, changes in market conditions, and insufficiency of funds
("Force Maieu a"). However, a date will only be extended by a Force Majeure Period if
the Acting Party gives notice to the other Party of the occurrence or commencement of
the event that constitutes Force Majeure within ten days after the Acting Party knows of
the existence or commencement of such event, and claims (in such notice) that such
event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend
its performance under this section shall provide written reports to the other Party at least
once every week detailing: (i) the extent to which the force majeure event or circumstance
continue to prevent the Party's performance; (ii) all of the measures being employed to
regain the ability to perform; and (iii) the projected date upon which the Party will be able
to resume performance, which projected date the Parties agree and acknowledge is only
an estimate and not a binding commitment by the Party claiming force majeure.
SECTION 15. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
DEVELOPMENT AGREEMENT
[Signature Page to follow]
PAGE 9
CyM111'L67=_1ZI►TO
A, -
Jim Proce, Cfty Manager
IN WITNES"HEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2022,
appeared Jim Proce, known to me (or proved to me) to be the son whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna, Texas.
Notary Public, State of Texas ki
Anna 51 Joint Venture, a Texas Limited Partnership
By: Collins Com
in
ial. Realty-Ihe
Don Collins, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
KAREN L AVERY
Notary ID #132840568
My Commission Expires
ov December 24, 2024
Before me, the undersigned notary public, on the ?n& day of jUht , 2022,
appeared Don Collins known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed
the same in his/her capacity as President of Collins Commercial Realty Inc in its capacity
as general partner of Anna 51 Joint Venture, a Texas Limited Partnership.
Notary Public, State of Texas
DEVELOPMENT AGREEMENT
��•��Rv'o'� , NOELIA ROVNER
♦P..
'Notary Public, State of Texas
z Comm. Expires 07-05-2025
Notary ID 125349274
PAGE 10
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THE CITY OF
manna
AGENDA ITEM:
Item No. 7.o.
City Council Agenda
Staff Report
Meeting Date: 5/24/2022
Staff Contact: Lauren Mecke
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend adopted
multiple -family residence development standards on one lot on 65± acres located on the
south side of W. White Street, 1,315± feet west of Oak Hollow Lane. (Planning Manager
Lauren Mecke)
SUMMARY:
HISTORY:
The subject property was rezoned in June 2020 as a Planned Development to allow for
commercial uses with modified development standards on Tract A, multiple -family
dwellings with modified development standards on Tract B and Detached Single -Family
Residential (SF-60) with modified development standards on Tract C (Ord. No. 861-
2020). The zoning tract map (right) and the Concept Plan (next page) illustrate the
Planned Development zoning.
In January 2022, the final plat for Persimmon Drive (below) was approved (Res. No.
2022-01-1087). The purpose of the final plat was to dedicate the right-of-way for
Persimmon Drive to extend from Oak Hollow, Phase 4 to W. White Street. This right -of
way will be the eastern property boundary of the multiple -family residence lot.
The applicant is requesting to modify the zoning tract map to increase the MF-2 area
and reduce the covered parking.
A Planned Development (PD) district is intended to provide for combining and mixing of
uses allowed in various districts with appropriate regulations and to permit flexibility in
the use and design of land and buildings in situations where modification of specific
provisions of this article is not contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based and will not be harmful to the
community. A PD district may be used to permit new and innovative concepts in land
utilization. While great flexibility is given to provide special restrictions which will allow
development not otherwise permitted, procedures are established herein to insure
against misuse of the increased flexibility.
Surroundina Land Uses and Zonin
North Across West White Street (FM 455), single-family detached subdivision zoned
Planned Development-2001-10 (PD-2001 -10)
East Single-family, detached subdivision zoned Planned Development-2000-07 (PD-
2000-07) and tire dealer and self-storage/mini-warehouse uses zoned Planned
Development-2008-367 (PD-2008-367)
South Single-family, detached subdivision zoned Planned-Development-2003-50 (PD-
2003-50)
West Vacant land zoned General Commercial (C-2), Planned Development-972-2022
(PD-972-2022), and Planned Development-2003-107 (PD-2003-107)
Proposed Planned Development Amendment:
The current Planned Development zoning and Concept Plan allows for multiple -family
dwellings. The applicant's request increases the size of the area for the multiple -family
dwellings (Tract B) and reduces the amount of covered parking required.
Tract Map — The applicant is requesting to amend/increase the acreage of the multiple -
family tract from 18.44± acres to 19.48± acres to allow for additional multi -family
dwelling unit types. The area being removed from the single-family tract would have
been open space owned and maintained by the single-family property owners. The
updated concept plan illustrates a hike and bike trail, which is part of the Parks Master
Plan and a requirement of the zoning, while also providing parking outside of the gated
area adjacent to the trail head.
Parking -Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires
75% of the required parking is required to be covered.
❑ The applicant is requesting to reduce the required covered parking 75% to 50%.
Maximum Height (Scrivener's Error}
The current zoning (Ord. No. 861-2020) states that a four-story multiple -family dwelling
building shall not be located closer than 300 feet from any single-family residence
outside of the planned development. However, as represented by the applicant,
identified and labeled on the approved concept plan and written in the previous zoning
staff report, four-story building separation was to be 250 feet from any single-family
detached property. The ordinance as currently written, would allow a four-story building
on the multiple -family tract to be setback only 60 feet from the proposed single-family
residence lots (SF-60) within the planned development district.
Staff recommends modifying the maximum height to meet the intent of the original
zoning as follows:
Maximum Height: 4 story buildings shall be located no closer than 250from
any lot zoned for a single-family residence n^+ Inrl� V i+hin +him nl�1 III
do-ya-Innmont i-lip+ri�f
SUMMARY:
Request to amend the zoning tract map and adopted multiple -family residence
development standards on one lot on 65± acres located on the south side of W. White
Street, 1,315± feet west of Oak Hollow Lane. The property is currently zoned Planned
Development-C-1 Restricted Commercial/MF-2 Multiple -Family Residential — High
Density/SF-60 Single -Family Residence District (Ord. No. 861-2020).
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
The Planning and Zoning Commission recommended approval.
ATTACHMENTS:
1. Villages of Waters Creek Zoning Locator Map
2. Ordinance -Villages of Waters Creek 2022
3. Exhibit A (Legal Description) Villages of WAters Creek
4. EXHIBIT B (Tract Map) Villages of Waters Creek
5. Exhibit C (CP) Villages of Waters Creek
6. PZ -STAFF REPORT (Zoning) Villages of Waters Creek
7. Existing Zoning (Ord 861-2020 Zoning Villages at Water Creek)
APPROVALS:
Ross Altobelli, Director of Development Services Created/Initiated - 5/16/2022
Lauren Mecke, Planning Manager Approved - 5/16/2022
Ross Altobelli, Director of Development Services Approved - 5/17/2022
Jim Proce, City Manager Final Approval - 5/17/2022