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P&Z 2023-07-06 Regular Meeting Packet
Persons with a disability who want to attend this meeting 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. AGENDA PLANNING AND ZONING COMMISSION Thursday, July 6, 2023 @ 7:00 PM Council Chambers at the City of Anna Municipal Complex, located at 120 W 7th Street, Anna, TX 75409 The Planning & Zoning Commission of the City of Anna will meet on 07/06/2023 at 7:00 p.m. in the Council Chambers at the City of Anna Municipal Complex, to consider the following items. If you wish to speak on an Open Session agenda item, please fill out the Speaker Registration Form and turn it in to city staff before the meeting starts. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments: At this time, any person may address the Planning & Zoning Commission regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the Commission regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific factual information in response to a neighbor’s inquiry or to recite existing policy in response to the inquiry. 4. Location Map P&Z Annual Organizational Review 5. Elect a Planning & Zoning Commission Chairman. 6. Elect the Planning & Zoning Commission Vice-Chairman. 7. Elect the Planning & Zoning Commission Secretary. 8. Review/Discuss/Action on Planning & Zoning Commission Rules of Procedure. Consent Items 9. Consider/Discuss/Action to approve minutes of the June 5, 2023 Planning & Zoning Commission Meeting. 10. Consider/Discuss/Action on the 455/75 Business Addition, Block A, Lot 4R, Site Plan. Applicant: Shree Anna Realty Corp. 11. Consider/Discuss/Action on the Arden Park Phase , Block C, Lot 1X, Site Plan. Applicant: Arden Park Owner TX LLC, a Delaware Limited Liability Company. 12. Consider/Discuss/Action on the Arden Park Phase 2, Final Plat. Applicant: Arden Park Owner TX, LLC, a Delaware Limited Liability Company. 13. Consider/Discuss/Action on the Arden Park Phase 2, Site Plan. Applicant: Arden Park Owner TX, LLC, a Delaware Limited Liability Company. 14. Consider/Discuss/Action on the Gateway at Buddy Hayes, Block A, Lot 2R, Replat. Applicant: Jeff Williams / Anna Southgate, LLC. 15. Consider/Discuss/Action on the Gateway at Buddy Hayes, Block A, Lot 2R, Site Pan. Applicant: Jeff Williams / Anna Southgate, LLC. 16. Consider/Discuss/Action on the Gateway at Buddy Hayes, Block C, Lot R, Replat. Applicant: Josh Eadie / NexMetro Hayes, LP. 17. Consider/Discuss/Action on the Gateway at Buddy Hayes, Block C, Lot R, Site Plan. Applicant: Josh Eadie / NexMetro Hayes, LP. Item No. 8. Planning and Zoning Commission Agenda Staff Report Meeting Date: 7/6/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Review/Discuss/Action on Planning & Zoning Commission Rules of Procedure. SUMMARY: In accordance with the City Charter, the Planning & Zoning Commission must review the rules of procedure annually. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: This is the opportunity if the Commission would like to discuss the upcoming calendar, rules of procedure, or any questions you might have. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. P&Z Complete info packet 2023-06-29 2. 2024 submittal calendar PLANNING & ZONING COMMISSION www.annatexas.gov Meetings and Work Sessions The Planning & Zoning Commission meets the first Monday of every month. Meetings are held at the Anna City Hall, located at 120 W Seventh Street in Anna, Texas unless otherwise stated. Roles and Responsibilities The seven members of the Planning & Zoning Commission (Commission) serve two-year terms. The Commission evaluates certain applications including site plans and plats for new development projects and makes recommendations to the Anna City Council. In addition, the Commission regularly holds public hearings and makes recommendations to Council on zoning and rezoning applications, including amendments to zoning regulations. The Commission is also involved in the process of updated the City’s Comprehensive Plan. Commissioner Date Original Appointment Date Reappointed Present Term Expires Staci Martin June 2022 (Filled unexpired term) June 2023 May 2025 David Nylec May 2022 May 2024 Jessica Walden June 2023 May 2025 Douglas J. Hermann May 2022 May 2024 Kelly Patterson-Herndon May 2021 (Filled unexpired term) June 2023 May 2025 Michelle Y. Clemens May 2022 May 2024 Matthew Blanscet June 2023 May 2025 City Council Liaisons The Council Liaisons observe the activities of the Commission to stay informed and provide a resource at Council meetings. Staff Liaisons & Additional Staff Contacts The Staff Liaison is your point of contact regarding the Commission. Council Liaisons Staff Liaison Lee Miller Lauren Mecke, Planning Manager LMECKE@annatexas.gov Randy Atchley Ross Altobelli, Director of Development Services RALTOBELLI@annatexas.gov BASIC INFORMATION FOR COMMISSION www.annatexas.gov Additional Meetings as Required • Called work sessions on Comprehensive Plan, special projects or ordinance amendments • Training sessions for members on general topics • Days may be chosen depending on commissioners’ schedules. All work sessions are held at City Hall in the Council Chambers. Retreats/Conferences with City Council • Annual half-day retreats or special topic conferences may be held with City Council. The retreats are used for teambuilding activities and discussion of general issues not related to specific development cases or projects. General Information • The Planning & Zoning Commission typically meets the first Monday of every month and a schedule is created annually. • Meetings generally end by 9:00 pm; however, they can last until midnight. • Attendance at each meeting is noted and forwarded to the City Council. E-mail your liaison if you are unable to attend. • Reporters from local news agencies may attend meetings and may contact commissioners. Preparation Time for Regular Meetings • The agenda packet is made available on-line on Friday afternoon/evening prior to the Monday evening meeting. An email is sent to Commissioners when the packet has been uploaded to the City’s website. • Approximate amount of time it may take to read packet and make notes: one to two hours. • Approximate amount of time it may take to visit sites of concern prior to meeting: one to two hours. Preparation Time for Additional Meetings • Approximate amount of time it may take to read information on proposed ordinance amendments and other issues, and make notes: one to three hours. PRACTICE TIPS FOR COMMISSIONERS Page 1 of 3 Zoning Cases Discretion: Broad but must have reasonable basis Always: Consider land use appropriate for the various districts and make uniform and logical decisions. Never: Make decisions that are arbitrary and capricious. Avoid “spot zoning” – zoning which varies or makes exception for particular tracts of land without justification based on the legitimate goal of promotion of health, safety, and welfare. Zoning is “The division of a jurisdiction into districts within a jurisdiction within which permissible uses are prescribed and restrictions on building height, bulk, layout and other requirements are defined.” There are two basic types of zoning petitions: changes to a property’s zoning classification and amendments to the zoning ordinance text. Special Types of Zoning • Planned Development Districts • Specific Use Permits Actions on Zoning Petitions • Public Hearings are held by both the City Council and Planning & Zoning Commission • Planning & Zoning Commission provide s a recommendation to City Council • Legislative Action, not an administrative action • Reasonable discretion in making decisions on zoning petitions • May take into account testimony of the public and facts presented in the public hearings • Regulations must rationally and reasonably advance a legitimate government purpose Remember: 1. Land Use. Zoning is a land use issue. Decisions should be based on the legal designation of land or real property for a particular use such as commercial, industrial or residential. 2. Consider the comprehensive plan and City of Anna strategic plan when making zoning decisions. The comprehensive plan is intended to guide the future growth and physical development of a community by providing for the distribution and relationship of various land uses. The strategic plan identifies value- based principles that describe the preferred future in 15 years. 3. Specific Use Permits should only be utilized in limited situations when a land use may be appropriate in a certain location in a zoning district but not in all locations. 2023 P&Z Page 2 of 63 PRACTICE TIPS FOR COMMISSIONERS Page 2 of 3 4. Planned Development Zoning is intended to provide for combining and mixing of uses with appropriate regulations allowing flexibility in the use and design standards in situations where modification are not contrary to the intent and purpose or 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. Planned developments should not be used as a backdoor means to grant a variance. Development Application Review (Site Plans/Plats) Discretion: Extremely Limited Always: Approve if it meets requirements in the plan/plat checklists and city regulations. Never: Impose conditions greater than required by the code. The site plan and plat process govern land development in the city. Developers must receive approval of these plans to begin development and/or sell properties. Site Plan Plats The site plan review process is governed by the Zoning Ordinance and has two steps and includes the following types of plans: • *Concept Plan • Site Plan The platting process is governed by the Subdivision Ordinance. There are several types of plats that the Council and Commission may review and approve: • Preliminary Plat/Preliminary Replat • Final Plat/Replat • Development Plat • Minor Plat • Amending Plat Commission’s Actions on Site Plans and Plats The Commission’s actions on site plans and plats are considered administrative and ministerial in nature. As such, the Commission must approve these documents if they conform to all the city’s ordinances and requirements. The Commission may not impose additional requirements and cannot deny a site plan or plat based on homeowner opposition. Remember: 1. Utilize staff's expertise when decisions are based on health and safety issues, and make a record based on relevant evidence. 2. Generalized complaints by local residents are insufficient to justify denial of an application. 2023 P&Z Page 3 of 63 PRACTICE TIPS FOR COMMISSIONERS Page 3 of 3 3. Meetings between the developers and homeowners can be requested but cannot be required. Denial of the application cannot be based on the developer’s refusal to meet with homeowners. 4. Approval cannot be withheld solely on conclusory allegations that the subdivision or si te plan is not consistent with the character of the neighborhood if the plans meet all the applicable code requirements. 5. If it meets the standards contained in the code regulations, the Commission must approve the application. *Concept Plans are only required in establishing a Planned Development district. Concept Plans are required to meet the city’s ordinances and requirements as part of the zoning request. 2023 P&Z Page 4 of 63 Rules & Procedures for Commissioners www.annatexas.gov Page 1 of 6 ADOPTED NOVEMBER 9, 2010 RESOLUTION NO. 2010-11-05 Purpose The City Council of the City of Anna, Texas (“City Council”), recognizes that it is desirable for there to be a uniform set of rules of procedure for conducting meetings of the City Council, boards and commission appointed by the City Council, and the business of the City Council and said boards and commissions in a sound and efficient manner; Definitions (a) Governing Body means the City Council of the City of Anna, Texas or any board or commission whose members are appointed by the City Council. (b) Presiding Officer means the member of the Governing Body authorized to preside over official meetings of the Governing Body. The Mayor is the Presiding Officer at all City Council meetings. The Mayor Pro-tem or Deputy Mayor Pro-tem presides in the absence of the Mayor. Meetings of boards and commissions appointed by the City Council are presided over by a chairperson or president. The Vice Chairperson or Vice President presides in the absence of the Chairperson or President. The member of the Governing Body present with the longest tenure shall preside in the absence of any other Presiding Officer. In such cases, if two or more members of the Governing Body present have equal tenure, then the Presiding Officer shall be determined by the alphabetical order of the last names of the members with equal tenure. Agendas (a) Unless otherwise provided for in a Resolution or Bylaws approved by the City Council, the City Manager or the City Manager’s designee shall set the agenda for all meetings of the Governing Body as prescribed in City Council Resolution 2008-01-04. (b) Regular city council meeting agendas will include a “Public Comment” item. Under this item, members of the audience at the council meeting are permitted to address any topic relating to City business operations. The following procedures will be followed: • The speaker will state his/her name and address for the record • Remarks will be limited to three (3) minutes • The speaker may address the council only one time. 2023 P&Z Page 5 of 63 Rules & Procedures for Commissioners www.annatexas.gov Page 2 of 6 The Governing Body will not respond to questions or comments by the speaker, except a member may respond by making: (1) a statement of specific factual information given in response to an inquiry; (2) a recitation of existing policy in response to an inquiry. Role of the Presiding Officer The Presiding Officer shall fulfill the following duties: (a) Opens the meeting on time, announces the presence of a quorum, and sees to it that the meeting follows the agenda, and all discussions are focused on agenda items. (b) Keeps discussions focused on the matter at hand. (c) Sees to it that all major issues are brought to the floor in the form of a motion. The Presiding Officer shall allow additional discussion on a motion once made only after a motion is seconded. If no one seconds a motion made during a meeting, it dies for lack of support. (d) Uses reasonable measures to keep meetings from becoming unreasonably long. (e) If discussion wanders or becomes confused, the Presiding Officer calls people’s attention to the motion on the floor as a way of refocusing discussion. If it is clear from the discussion that a decision will not be made within a reasonable period of time during the meeting, the Presiding Officer may ask for a motion to table the issue to a later meeting. (f) The Presiding Officer may authorize a member of the public to speak regarding a duly noticed agenda item under appropriate circumstances and shall ask the speaker to limit remarks to 3 minutes. Rules for Discussion and Debate (a) Direct all remarks to the Presiding Officer, and only after being recognized by the Presiding Officer. Only one member of the Governing Body may speak at a time and must do so at a volume that is audible to the other members and other attendees of the meeting. There shall be no side discussion or debate during a meeting. (b) A member of the Governing Body shall stop speaking when the Presiding Officer finds it necessary to speak but may seek to be recognized to continue to speak. 2023 P&Z Page 6 of 63 Rules & Procedures for Commissioners www.annatexas.gov Page 3 of 6 (c) A member of the Governing Body shall confine remarks to the issue being discussed and shall not communicate with members of the audience unless: (1) it is during a public hearing and the member is addressing an audience member who has been duly authorized to speak; or (2) the Presiding Officer has recognized an audience member to speak and the member of the Governing Body has also been recognized to speak. (d) Members of the Governing Body should avoid using other members’ names when referring to issues and positions under debate and should avoid attacking other members’ motives. (e) Members of the Governing Body should avoid personal attacks and offensive comments and shall not use obscene language. (f) The Presiding Officer should warn a member about a serious offense the first time it happens (for example—personal attacks, use of obscene language, etc.). (g) Any type of recording device, whether audio or video, even if turned off, may not be taken into a room or area where any part of an executive session discussion is being held. Rules for Public Hearings (a) Public hearings will be conducted as follows: (1) The Presiding Officer or Presiding Officer’s designee will provide a summary report and recommendation as appropriate on the agenda item. (2) The petitioner/applicant, if any will be offered an opportunity to discuss the petition/application prior to other public comment. (3) The petitioner/applicant will state his/her name and address for the record and will be limited to three (3) minutes do discuss the item. (4) Other persons wishing to speak during the public hearing will be offered an opportunity and shall state their name and address for the record. (5) All other persons wishing to speak during the public hearing will be limited to three (3) minutes to discuss the item and may speak only one time on a public hearing item. (6) The petitioner/applicant, if any, will be offered an opportunity to respond to comments or questions from the Governing Body but will be limited to not more than three (3) minutes unless the Presiding Officer permits additional time. 2023 P&Z Page 7 of 63 Rules & Procedures for Commissioners www.annatexas.gov Page 4 of 6 (7) If an agenda item does not include a public hearing, it is the discretion of the Presiding Officer to allow public comment. If public comment is permitted, the procedures outlined in this section will pertain. (8) The Presiding Officer may change the time allowed to individuals to speak regarding an item on the agenda. However, in order to provide for efficient, effective, and orderly conduct of the meetings, such changes will be allowed only under unusual conditions. Rules for Motions (a) Making Motions. (1) Maker must be recognized by the Presiding Officer before making a motion. (2) Maker then states, “I move…” (3) A second to the motion is required. (4) The maker of the motion has the right to speak first during the discussion. (5) The maker also has the privilege of speaking last before the vote. (6) The Presiding Officer recognizes each person before he or she speaks. (b) Amending Motions (1) Maker must be recognized by the Presiding Officer before making a motion to amend. (2) To Amend a Motion: a. Requires a second from the member of the Governing Body who seconded the original motion. b. Motion is considered amended upon a second from the member of the Governing Body who seconded the original motion. (c) Tabled Motions (1) Maker must be recognized by the Presiding Officer before making a motion to table. 2023 P&Z Page 8 of 63 Rules & Procedures for Commissioners www.annatexas.gov Page 5 of 6 (2) To Table a Motion: a. Requires a second. b. No debate is allowed. c. No amendments to the tabling motion can be made. d. Majority vote is required to pass the tabling motion. e. A motion to table must set a definite date for reconsideration to take place at a duly noticed public meeting. f. The City Manager or the City Manager’s designee shall place the item on a future agenda in accordance with a motion that tabled the item. At the future meeting upon which the tabled item is placed, the item shall automatically be taken from the table for consideration in accordance with said future agenda. (d) Motion to Take No Action. (1) Maker must be recognized by the Presiding Officer before making a motion to take no action. (2) Taking No Action: a. Requires a second. b. The maker of the motion has the right to speak first during the discussion. c. The maker also has the privilege of speaking last before the vote. d. The Presiding Officer recognizes each person before he or she speaks. (e) Motion to Adjourn (1) Maker must be recognized by Presiding Officer before making a motion to adjourn. (2) To Adjourn a Meeting: a. Requires a second. b. Not debatable. c. Cannot be amended. 2023 P&Z Page 9 of 63 Rules & Procedures for Commissioners www.annatexas.gov Page 6 of 6 d. Majority vote is needed to pass. Open Meetings Act Notwithstanding any provision of these rules, all meetings of the Governing Body shall comply with the Texas Open Meetings Act. Rules of Dress and Decorum (a) During all official meetings of the Governing Body, members shall observe a business causal dress code which shall at minimum include the following: (1) Males will wear a colored polo shirt, dress shirt, jeans with no holes or dress slacks. Males shall not wear T-shirts (unless dress T-shirts with a coat or blazer) shorts, opened toed shoes, hats, and non- prescription glasses. (2) Females will wear a colored polo shirt, dress shirt, jeans with no holes or dress slacks, or a skirt, and appropriate dress shoes. Females shall not wear T-shirts (unless dress T-shirts with a coat or blazer) shorts, hats, and non-prescription glasses. (b) During official meetings of the Governing Body, members shall not use tobacco products including smokeless tobacco. 2023 P&Z Page 10 of 63 SAMPLE AFFIDAVIT THE STATE OF TEXAS § § COUNTY OF § I, (printed name of affiant), a local public official, make this affidavit and hereby on oath state the following: I have a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by an action contemplated by the City of The business entity or real property in which I have a substantial interest is: [name and address of business and/or description of property] I or a person that is related to me within the first degree of consanguinity (blood) or affinity (marriage) as defined by state law has a substantial interest in this business entity or real property for the following reasons [circle all that apply]: (1) own 10% or more of the voting stock or shares of the business entity; (2) own 10% or more of the fair market valued of the business entity; (3) own $15,000 or more of the fair market value of the business entity; (4) receive from the business entity funds that exceed 10% of [my, his, her] gross income for the previous year; (5) have/has an equitable or legal ownership of real property with a fair market value of $2,500 or more. Upon filing of this affidavit with the official record keeper of the city, I affirm that I shall abstain from voting or further participating in any matter involving the business entity or real property, unless allowed by law. Signed this day of , 20 Signature of Affiant Affiant BEFORE ME, the undersigned authority, this day personally appeared [name of affiant] and by oath stated that the facts herein stated are true and correct. SWORN TO AND SUBSCRIBED BEFORE ME before me on this day of , 20 . Notary Public in and for the State of Texas My commission expires: 2023 P&Z Page 11 of 63 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT FORM CIS (Instructions for completing and filing this form are provided on the next page.) OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYY YY Date Received This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement in accordance with Chapter 176, Local Government Code. 1 Name of Local Government Officer 2 Office Held 3 Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code 4 Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. 5 List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted ____________ Description of Gift _________________________________________________ Date Gift Accepted ____________ Description of Gift _________________________________________________ Date Gift Accepted ____________ Description of Gift _________________________________________________ (attach additional forms as necessary) 6 AFFIDAVIT I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B), Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said _______________________________________________, this the ______________ day of ________________, 20 _______ , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 2023 P&Z Page 12 of 63 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with the local government officer as defined by Section 176.001(2-a), Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local Government Code. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the local government officer or family member of the officer from the vendor named in item 3 that in the aggregate exceed $100 in value. 6. Affidavit. Signature of local government officer. Local Government Code § 176.001(2-a): “Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Local Government Code § 176.003(a)(2)(A): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 2023 P&Z Page 13 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 27Chapter 2: Ethics and the Planning Commissioner Carol Barrett, FAICPChapter 2 Ethics and the Planning Commissioner This chapter discusses and provides examples of how a Planning Commissioner can make complex decisions while being fair, equitable, and ethical. It provides information on the sources for ethical guidelines, paritcularly for the code of ethics and local ordinances. It establishes a framework and foundation for ethical planning oficials and provides background on Texas law, in regards to conlict of interest. It deines common biases that impact ethical behavior and point to serious concerns about ethical misconduct. Speciically, in this chapter you will learn whether you can meet individually with applicants to hear about their project, whether you should take a tour of a project site with an applicant, if you can discuss pending development projects at your neighborhood association meeting, if friends and neighbors can offer their opinions about pending projects, what to do if a good friend has a project before the Planning Commission, and to do the job of a Planning Commissioner in a way that promotes fairness and objectivity. The following attachments are available at the end of the chapter to be used as reference guides and resources: Attachment A: Ethical Principles in Planning, AICP Attachment B: AICP Code of Ethics and Professional Conduct Attachment C: By-laws for Planning and Zoning Commission, City of Collinsville, TX Attachment D: Planning and Zoning Commission: Participating at Public Hearings, City of Arlington Attachment E: Example Planning Commission Meeting Brochure, City of San Gabriel Attachmnet F: Public Services Values, The Institute for Local Government 2023 P&Z Page 14 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 28 Chapter 2: Ethics and the Planning Commissioner What are common ethical questions that Commissioners need to answer? • Can I meet individually with applicants to hear about their project? • Should I take a tour of a proj- ect site with an applicant? • Can I discuss pending de- velopment projects at my neighborhood association meeting? • Can friends and neighbors oer me their opinions about pending projects? • What happens when my best friend has a project before the Planning Commission? • How can I do my job as a Plan- ning Commissioner in a way that promotes fairness and objectivity? INTRODUCTION “A prominent example of the appearance of a conlict came this past June when a planning commissioner re- cused herself, left the dais, then presented on a project to her colleagues. She said she had no recourse, since she is the only employee of her irm.” Yikes. The sentence above comes from a local newspaper recounting a se- ries of on-going ethical lapses in a City. In this instance, applicants may well perceive a “pay to play” rule. If you want favorable consideration by the Planning Commission, you have to pay a Commissioner or the Commission- er’s irm. This kind of behavior is wrong for a number of reasons which are discussed below. While an extreme example, it is not an isolated one. Plan- ning Commissioners regularly face ethical questions. Thinking about those ethical questions and possible responses ahead of time prepares you to make an informed decision when confronted with an ethical challenge. That’s the purpose of this chapter: to give you tools for ethical decision-making. Let’s step back for a second. What is ethical behavior? Expressed in a straightforward manner, ethical behavior is what you ought to do as a Planning Commissioner. It’s treating others as you would wish to be treated. It’s the kind of conduct that makes the world a better place. Ethics is particularly important in public service. As a Planning Commis- sioner, you have been given signiicant authority and you are expected to use that authority with integrity. You make decisions about what can and cannot happen in your community. You make recommendations about how to spend city money, some of which comes from local taxpayers. If the Planning Com- mission is to do its job properly and address the challenges confronting most communities, public trust and conidence is vital. High ethical standards are required to secure and maintain public trust that is essential to the planning process and to good government. The purpose of this chapter is to give you tools for ethical decision-mak- ing 2023 P&Z Page 15 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 29Chapter 2: Ethics and the Planning Commissioner SOURCES FOR ETHICAL GUIDELINES Most planning oficials often operate according to an unwritten, personal code of ethics. As a new planning commissioner, you know yourself to be honest in you day-to-day dealings with friends and family and you are reli- able in your professional life as well. Therefore, you assume that the way you deal with ethical questions that come up as a planning commissioner will be honest as well. Most people have convictions about what is right and wrong based on religious beliefs, culture, family teachings, lessons learned in life, laws, and habits. These values may vary among your fellow commissioners. For example, loyalty to friends and family may conlict with one’s responsibil- ity to serve the public interest. Religious beliefs and culture are also a source of continuous historical disagreement over all kinds of matters. To help your Planning Commission operate consistently and fairly, a more uniform frame of reference is needed. Codes of Ethics This chapter can help you understand some of the more universal behavior standards for planners and planning oficials so you are better prepared to think through what your response should be when ethical issues arise. The American Planning Association has adopted a Statement of Ethical Principles to help planning oficials understand basic ethical expectations (See Attach- ment A). This Statement was prepared and adopted to provide guidance to planning oficials. There is also a Code of Ethics for professional planners who have passed an examination and are members of the American Institute of Certiied Planners. Their Code is also included for your reference as Attach- ment B. Finally, as a planning commissioner you will work with professionals from various disciplines – architects, engineers, and landscape architects for example. Like the planers, each profession has a Code of Ethics. They are not all attached here but can easily be researched on line. Local Ordinances In many communities and some states, there are adopted ordinances and laws governing aspects of the conduct of Planning Commissioners, especial- ly with respect to conlict-of-interest. These materials should be provided to you by staff and covered in regular training so that you are familiar with them. 2023 P&Z Page 16 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 30 Chapter 2: Ethics and the Planning Commissioner The general conlict of interest laws for Texas city oficials are found in chap- ter 171 of the Local Government Code. It includes standards for determin- ing when a local oficial has a conlict of interest that would affect his or her ability to discuss, decide or vote on a particular item. Chapter 171 conlict of interest provisions apply to all local public oficials which includes planning commissioners. The Ofice of the Attorney General has an excellent pub- lication that you can download from the internet. Commissioners should remember that these state requirements deine the legal minimum, not what may be ethical. LAYING THE GROUNDWORK FOR ETHICAL PLANNING OFFICIALS Serving as a planning oficial is not easy, especially in the face of public cyni- cism regarding the motives of community leaders. And then there are all the newspaper articles documenting various degrees of incompetence or corrup- tion in the public sector. Some people will automatically assume that a level of malfeasance applies to you as a commissioner as well. Plus, your work as a commissioner is hard. You have to prepare for meetings by visiting sites and studying agenda packets which arrive only days before the meeting. You have to attend meetings which can run on for hours and listen to criticism, some of which may be ugly and very personal. But there are things that you and your community can do to help shape the public’s perception about the values which underlay your decisions as a commissioner. Elected Ocials Should Appoint Good Planning Commissioners A good Planning Commissioner is more than someone who can avoid inan- cial conlicts of interest. A good commissioner knows a lot about the commu- nity and brings special expertise to the Commission. A good Commissioner should also have: • An open mind to listen to new ideas from applicants, from other commis- sioners, and from sta. • An ability to see both the strengths and weaknesses of the proposals. • Critical thinking skills leading toward nding solutions. General conlict of interest laws are found in chapter 171 of the Local Government Code 2023 P&Z Page 17 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 31Chapter 2: Ethics and the Planning Commissioner • A willingness to spend the time required to study materials. • An ability to manage other commitments so that attendance is regular. • A commitment to making the process fair to all. • A degree of independence in making choices and recommendations. • Faith in the future and the ability of the community to shape that future. Once you are a Planning Commissioner, you can help the elected oficials to make good appointments by serving as a talent scout. You should be on the lookout for others in your community who would make good commissioners and share that information with your Mayor or planning director. Planning Commissioners Should Have Regular Training All new commissioners need an extended orientation to the work of the commission and the status of planning and development in your community. There should also be an ethics component of that training as well. An annual training event focused on the speciic challenges in your community should be something you can request and help plan. Ethics should always be includ- ed among the topics to be covered. The community should budget to send planning commissioners to training sponsored by the Texas Chapter or other organizations whose work is relevant to your efforts as a volunteer. If you are having problems as a Commission because one or more of your fel- low Commissioners are not pulling their own weight, you can suggest training for the entire Commission that will make clear the expectations for conduct and effort. Working with your planning director can help make the train- ing productive and relevant. In many cases, there are often other Planning Commissioners from nearby jurisdictions who can help set the ground rules and expectations. And the voice of a colleague always carries great weight. If your Planning Director doesn’t have suggestions, the Texas Chapter will. The Chapter can be contacted online at http://www.txplanning.org/. Planning Commissions Should Have Ground Rules Every commission needs bylaws, written rules of procedures, and a statement of the ethical principles which will guide their work. Together, these docu- ments provide assurance that everyone who interacts with the commission has rights -- due process, fairness, and equity. By-laws and rules of procedure tell people what to expect and help make work with the planning bodies more productive. They also set the benchmark for fair, ethical, and prompt deci- Everyone has the right to due process, fairness, and equity 2023 P&Z Page 18 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 32 Chapter 2: Ethics and the Planning Commissioner sions. If the process itself appears fair, there will be a much higher degree of conidence in the decision itself. By-laws and public hearing procedures from the City of Collinsville (Attachment C) are provided for your information. It is also useful to community members to have an easy reference guide for how meetings will work written so that it can be easily understood. If you have this kind of information readily available, it will encourage the commu- nity to understand that you value their ideas and that the process is arranged so that they have an opportunity to make their point of view known. A sam- ple Arlington, Texas (Attachment D) and one from the City of San Gabriel, California (Attachment E). The latter is always at the table outside the meet- ing room with agendas and includes background information on the Planning Commission as well as public hearing testimony procedures. Finally, on evenings when there will be public hearings, the Commission Chair (or his/her designee) can briely review the procedures so that those in attendance understand when they will be able to speak. All of this effort is directed toward making the work of the Commission transparent which is a core ethical value for public sector decision-making. Planning Sta Should Use Standard Planning Procedures to Ensure Full, Open Consideration Standard planning procedures help planning commissioners do their job in an ethical manner. Standard procedures also help ensure that issues will be properly aired without undue inluence either in fact, or in appearance. That is a key component of ensuring the reputation of your Commission – it must both act fairly and be perceived as acting fairly. Standard procedures lay out information that the applicant can rely on in moving a project forward; and that makes it clear to the community how and when they will be able to participate in the deliberative process. The value of transparency – the public can see and participate in what is going on – is best achieved through standard procedures. Planning Commissions should operate from posted agendas (a staff responsibility to prepare and post) and follow those agenda. Following the agenda is important because of the right of the public to address the Planning Commission. If items are taken up in a random order it makes it hard to know when to come to the meeting. That doesn’t mean that the agenda can’t be revised at the meeting itself. For exam- ple, if a larger number of citizens are in attendance for a single agenda item, 2023 P&Z Page 19 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 33Chapter 2: Ethics and the Planning Commissioner From time to time, even the best planners lapse into plannerspeak which is not always completely intelligible in sta reports. See below. Version 1: It is the determination of City sta that there is a possibil- ity of associated increases in trac noise if this project is approved and constructed. Version 2: City sta believe this project will increase trac noise. This example is from Planning in Plain English by Natalie Macris. It should be required reading in every planning agency. then the Commission is likely to move that item up earlier in the meeting to allow the community to participate and get home earlier. Another aspect of agenda management is the language used to describe the work to be done. You and staff can work together to makes the agenda as straightforward as possible. Here is an example: Here is another example which also has some good aspects but still needs a bit more work as noted. In general, the Commissioners can only discuss and act on items included in the posted agenda. Commissioners can ask to have items added to the agen- da. In fact, “Items from the Commission” should be a regular item on your agenda so that everyone is reminded of this opportunity. PRJ12-00276 – ZON12-00043. APPLICANT: ORANGE COUNTY EMERGENCY PET CLINIC; PROPERTY OWNER: JEFFREY I. GOLDEN. A request for a Conditional Use Permit to op- erate an after-hours emergency pet clinic per FMC 15.30.030 on property located at 3920 N. Harbor Boulevard (generally located between 420 feet and 520 feet south of Imperial High- way). (C-2- zone) (Sta Planner: Elaine Dove) This is a clear project descrip- tion How do I contact the planner if I have questions? Rezoning: C814-2012-0160 – 211 S. Lamar Location: 211 S. Lamar Boulevard, Lady Bird Lake Watershed, South Lamar Combined NPA Owner/Applicant: Post Paggi, LLC (Jason Post) Agent: Winstead PC (Amanda Swor) Request: CS & CS-V to PUD Sta Rec.: Recommended Sta: Lee Heckman, 512-974-7604, lee.heckman@austintexas.gov Planning and Development Review Department What do the letters “NPA,CS & CS-V to PUD” stand for? Noting the sta recommenda- tion is useful Including sta contact infor- mation is very helpful 2023 P&Z Page 20 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 34 Chapter 2: Ethics and the Planning Commissioner Ethics ordinances tend to regulate: 1. Activities that re- quire disclosure such as sources of income 2. Behavior that is prohibited Example: A resident comes to the podium during citizen comment to report that the conditions of approval for a project are not being adhered to and that the quality of life for the residents on her block has been substantially degraded as a result of the Planning Commission approval several months ago. She demands that the Com- mission do something to solve the problem immediately because, in her mind, the Commission caused the problem and she needs her sleep. Answer: Commissioners should refrain from discussing the project by asking for examples of problems and considering whether the conditions of approval are being met. Instead the Commission can thank the citizen, ask sta to meet with the citizen, and place the item on an upcoming agenda for more detailed consideration. Sta should be encouraged to work directly with the applicant to address the issues of concern as soon as possible. Standard procedures also include the quality of staff work and the schedule for planning commission packet delivery. If commissioners are expected to provide thorough and diligent services, they need relevant information on a timely basis. If the commissioners seek to support community involvement in planning, then the work has to be organized so that residents can ind out what is going on and can make their points of view known. You should feel free to suggest to staff ways to organize and present the information so that it is useful to your decision-making. If you look at the web sites of other cities, you may see ideas for staff reports that you like. And don’t hesitate to request that staff reports be written in plain English. Commissioners should be able to request information that will supplement staff work when they have questions. All such information should be provid- ed to all of the Commissioners, even when requested only by one. You will have a better decision-making process if you ask your questions ahead of time so that staff can do the necessary research. Of course you can ask questions of both staff and applicants at the meeting, but if you wait to raise major issues until the public hearing, you may well end up delaying action when that is not your intention. When information is distributed for the irst time during the public hearing, copies should be made available to the public. ACTING ETHICALLY: Planning Commissions Should Know Where Ethical Guidance Can Be Found Ethical standards for planners and planning oficials have been promulgated by the American Planning Association and the American Institute of Cer- 2023 P&Z Page 21 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 35Chapter 2: Ethics and the Planning Commissioner Check out the Attorney General’s website at www.oag.state.tx.us/AG_ Publications/pdfs/conlict_easy.pdf for more information. tiied Planners. The text of both is attached. There may also be local ethics ordinances which regulate behavior and although these may pertain to the planning commission. Ethics ordinances tend to regulate two things: activ- ities that require disclosure such as sources of income; and behavior that is prohibited. There may be quite a bit of overlap between the standards of the APA and local ordinances. For example, a prohibition against soliciting or accepting gifts is a common element. Example: Can a planning commissioner accept a bottle of wine as winter holiday thank you from a local architect? Answer: Yes. Commissioners should not solicit or accept items of a value great enough to aect their judgment. Items that can easily be consumed fall outside of inuencing behavior. The prohibition against taking gifts applies in the circumstances where a reasonable person might think the commissioner’s judgment had been im- paired. A single bottle of wine is only a token. However, if the architect had a project pending before the Commission, even a single bottle should not be accepted. Example: Can a planning commissioner accept a case of wine as a winter holiday thank you from a local architect? Answer: No. See above. Example: Can a planning commissioner accept two free weeks at a local developer’s condo on the beach in California? Answer: No. See above. Accepting such a posh oer would leave people with the impression that you were indebted to the developer and that your decisions would be aected by your sense of owing something to another person. State Law in Texas Regulates Conicts of Interest Planning Commissioners need to be familiar with Chapter 171 of Texas Local Government Code. It governs the conduct of planning oficials who make de- cisions that are more than advisory. The law addresses potential conlicts of interest by local oficials. The law seeks to prevent public oficials from having dealings with their governmental bodies if they would derive a personal ben- eit. The law requires disclosure and abstention when it is time to vote if there is a substantial inancial interest. Texas Local Government Code Chapter 171 denes substantial interest as: (a) Owning 10% or more of the voting stock or shares or an ownership of 2023 P&Z Page 22 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 36 Chapter 2: Ethics and the Planning Commissioner Additional guidance can also be derived from your local ethics or- dinances. In the case of one Texas city, the Municipal Code states: It is the policy of the City of that all city ocials and employees shall act and conduct them- selves both inside and outside the city’s service so as to give no occasion for distrust for their integrity, impartiality or of their devotion to the best interest of the City and the public trust which it holds. That kind of a standard would prohibit voting by the realtor in a rezoning request made by his or her broker. $15,000 or more of the fair market value of the business; (b) Receiving funds from the business exceeding 10 percent of the commis- sioner’s gross income from the previous year; (c) Having an interest in real property that is either equitable or legal owner- ship with a fair market value of $2500 or more; (d) Being related by marriage or ancestry or anity to someone who has an interest as described above. The national codes of APA and AICP also address conlict of interest, but call for a higher standard — even the appearance of a conlict of interest should be avoided. Sources of inancial conlict-of-interest can also include loans and gifts as well as a less than direct inancial beneit. Example: A realtor sits on the Planning Commission and from time-to-time, his broker appears before the Planning Commission to seek a zoning change on behalf of a cli- ent. Can the realtor vote on these requests? Answer: According to the APA’s Statement of Ethical Principles, because securing a change in the zoning is often a contract contingency, the realtor has a nancial inter- est in working for a successful broker. The realtor should declare the potential conict of interest and not participate in the discussion. However, according to Texas Law, this would not be a conict of interest. But laws are only minimum standards. The laws dene what one must (or must not) do, not what one ought to do. Sometimes Planning Commissioners overlook disclosure obligations related to charitable fundraising. The theory is that the public has a right to know if someone is contributing to your favorite causes. The assumption is that the donations are made to establish a special relationship with you. Or worse, what if a donor believes that if she or he fails to give, there will be negative consequences? As a Planning Commissioner, you need to be sensitive to these issues. Charitable donations can also be viewed as a version of “pay to play.” That perception is damaging to the public’s faith in the fairness of your decision-making. Planning Commissions Should Adopt Ethical Standards Your community should know that you have ethical principles that will be used in decision-making. These standards may already be in place (local ordinances and charter) or you may need to draft and adopt them. The APA 2023 P&Z Page 23 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 37Chapter 2: Ethics and the Planning Commissioner Statement of Ethical Principles has already been suggested for consideration. In summary, the Statement identiies the following ethical principles: A. Serve the public interest. 1. Recognize the rights of citizens to participate in planning decisions. 2. Give citizens full, clear, and accurate information. 3. Expand choice and opportunity for all persons. 4. Assist in the clarication of community goals. 5. Ensure that information available to decision makers is also available to the public. 6. Pay special attention to the interrelatedness of decisions and the long range consequences of present actions. B. Strive to achieve high standards of integrity and prociency. 1. Exercise fair, independent, and honest judgment. 2. Publicly disclose any personal interests. 3. Dene personal interest broadly. 4. Abstain from participation in a matter in which you have a personal interest and leave the chamber when the matter is being deliberated. 5. Seek no gifts or favors. 6. Abstain from participating as an advisor or decision maker on any plan or project in which you have previously participated as an advocate. 7. Serve as advocates only when the objectives are legal and serve the public interest. 8. Not participate as an advocate on any plan or program in which you have previously served as an advisory or decision maker except after full disclosure and in no circumstance earlier than one year following termination of the role as advisory or decision maker. 9. Not use condential information to further a personal interest. 10. Not disclose condential information. 11. Not misrepresent facts or distort information. 12. Not participate in any matter unless prepared. 13. Respect the rights of all persons. These principles are aspirational in nature and they seek to inspire volun- tary commitment through appeals to conscience. They are a positive obliga- tion. There are no sanctions for failing to comply nor is there any regulatory scheme. 2023 P&Z Page 24 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 38 Chapter 2: Ethics and the Planning Commissioner The commissioner needs to ask herself “What decision will promote the entire community’s best in-terest over time?” If APA’s Statement seems too detailed for your community, you can always consider something shorter. A quick check of the web will turn up a number of examples. Another example is provided in Attachment F. It deals in behav- ior and not outcomes and includes no prohibitions. Instead, it focuses how one behaves based on values. Adoption of this type of an ethics statement could promote healthy dialogue among the Commission. At the other end of the continuum we have the following statement adopted by another Planning Commission as their own version of a Statement of Ethical Principles: We listen carefully to applicants and the community while collaborating eective- ly with sta to achieve sound decisions and recommendations to the City Council. We demonstrate a commitment to the highest standards of fairness and honesty. In reality, the actual language inally adopted is less important than the discussion that will surround the adoption. A conversation with planning colleagues will clarify points of differing interpretation. Adopting ethical stan- dards will also advise the community that there are principles upon which they can rely. Indirectly, you will be putting people on notice that certain forms of conduct are not acceptable. Finally, once you have an adopted state- ment of ethical principles, it can easily eliminate the need for debate about personalities or individual proclivities. A short statement can simply be made referring to the adopted Statement and how it either encourages or precludes certain forms of conduct. The Decisions Made by Planning Commissions Should Reect the Adopted Ethical Principles Planning commissions should be attentive to every point of view laid out at a commission meeting: property owner rights; equitable procedures; opinions of residents; and sustaining the environment, etc. To sort through the pleth- ora of information and arrive at the best decision, the commissioner needs to ask herself “What decision will promote the entire community’s best interest over time?” Commissioners should also be attentive to the integrity of the planning process. Decisions should be based upon full information. This information should be discussed in an open forum where it can be debated. Certainly planning reports, studies, and other records should be available to persons on either (or any) side of an issue. Other meetings or communications a commis- sioner may have received which are related to a proposed decision must be 2023 P&Z Page 25 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 39Chapter 2: Ethics and the Planning Commissioner Why is it a problem when infor- mation is communicated to you outside of a meeting? • Not everyone has the same information • The applicant cannot re- spond, if accusations are made • You can’t readily assess the accuracy of the information by seeking conrmation from sta • It violates the perceived fairness of process if special information has been con- veyed to a subset of the board membership noted at a public hearing to ensure full information, comments, and rebuttals as appropriate. If a Commission conducts its business in a consistent and open manner, then the community will have more faith in the process. Applicants Deserve Fair Decisions Made in an Un-biased Manner Basic common law provides that Commissioners exercise the power of ofice for the beneit of the public and not for their private interests. The Consti- tution lays out due process principles that require the decision-makers to be fair and impartial when sitting in a quasi-judicial capacity on matters such as variances which require indings to be made. What constitutes bias? Bias arises from having a personal or inancial in- terest in the outcome. For example, one court found a council member was biased and should not have participated in a decision about new construction which would block the member’s view of the ocean. There could be a person- al bias based on well-known animosity toward an individual. Strong personal loyalty could also constitute a bias. If, for example, your best friend since kindergarten applied for a variance to the setbacks for her home, you could be perceived as biased in favor of the proposal. Another form of bias could come from your belief system or ideology. A Commissioner might ind a proposal to approve a Conditional Use Permit for a Planned Parenthood clinic provok- ing a strong reaction if the Commissioner opposed education about contra- ception for teenagers or abortions. Another form of bias can result when information received outside of the meeting inluences your thinking. All communications about the project (pro and con) should occur in the context of the noticed hearing. See the discussion of ex-parte communications which immediately follows. Ex-parte communications Ex-parte communications are those that occur outside of the formal meeting. These kinds of communications can undermine your efforts to establish a rep- utation for Planning Commission fairness. Some Planning Commissioners insist that they are comfortable with receiv- ing communications from the projects’ neighbors of other concerned citi- zens. They believe being open to community input is part of their job. Those members explain that they report the ex-parte communications prior to the beginning of the oficial meeting. But disclosing may not be enough. You can’t easily convey the full text of information received or the way you may have 2023 P&Z Page 26 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 40 Chapter 2: Ethics and the Planning Commissioner Social Media and Serial Meetings: The general rule is that a majority of the Planning Commissioners cannot use the Internet to communicate with each other about Planning Commission business. Many web sites present information or ask questions and individuals make comments or ask questions which are called postings. Multiple Commissioners cannot post or comment on others postings on Planning Commission business. If they do, then they are debating the public’s business outside of the public meeting. This is a no-no. This does not mean that one-way communications like blogs are limited. Blogging can be a good way to get the work out, especially in a time of declining newspaper readership. been inluenced. Site visits are a form of ex-parte communication. However, they are desirable. They can take the form of individuals driving by a site, or exploring it alone on foot. Some communities chose to organize group visits with staff. Because you may have a quorum of Planning Commissioners present, such site visits should be posted as a public meeting. Staff should prepare a brief write up of the visit for the public record. While on the site, board members should main- tain an open-minded frame of mind and refrain from offering opinions to the property owner who is likely to be present. Example: Can a planning commissioner receive information or explanations from an applicant outside of the regular meeting? Answer: If the information is designed to inuence the thinking of the Commissioner, the information should be presented in a public meeting. It should be in writing and should be part of the ocial public record. Commissioners must give serious consideration to stepping aside and not participating when reviewing projects if they have listened to community in- put and have already determined the proper outcome in advance of receiving the evidence. Serial Meetings A serial meeting occurs when a series of communications among board members results in a debate and discussion of a pending item or policy. Serial meetings may be prohibited by state or local ethics codes. Whether precluded or not, they should be avoided. Serial meetings are the product of high tech- nology, particularly e-mail. Meetings where decisions are made have to be conducted in public. E-mails about pending matters should be avoided. Example: Can the sta send a notice to all the Planning Commission advising them that a long desired development project has been dropped from the agenda at the request of the applicant? Answer: Yes. No discussion of pros or cons should be undertaken. No replies should be sent. Example: Can planning commissioners send e-mails using the “reply to all” feature speculating why the applicant made the decision and what, if anything, the commis- sion can do as a group to help get the project back on track? 2023 P&Z Page 27 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 41Chapter 2: Ethics and the Planning Commissioner Answer: No. The commission would be discussing a topic with the intention of arriv- ing at a consensus to guide future public action outside of a public meeting. Separate communications with decision-makers to answer questions are acceptable. But those communications cannot have content which includes information about the position of other decision-makers. Commissioners should avoid all forms of communication that could result in an agreement by the Commission or a subset of Commissioners about what to do outside of a public meeting. This guidance does not preclude Commissioners from being present at the same social event or attending a training conference. It simply means that while at those events the Commissioners cannot meet to discuss the public’s business. Exchanging Votes We’ve already covered the ethical standards that prohibit Planning Commis- sioners from soliciting or receiving bribes/gifts in exchange for their votes. Commissioners cannot give their vote in exchange for another public oficial’s vote. Vote trading is a form of quid pro quo (this for that). Engaging in this kind of behavior compromises the decision-making process. Outcomes other than what is best for the public are being treated as what’s most important when votes are traded. Civility It is to be expected that people will disagree about planning projects. The disagreement itself is not a bad thing; it is how the disagreement is expressed that holds the potential for problems. Many issues that come before the Planning Commission will involve controversy. But if it appears that the per- sonalities and not the merits of the proposal are holding sway, the public will rightly doubt the wisdom of the outcome. The City of Collinsville (See Attach- ment C) has adopted procedures calling for civil conduct and outlining what will happen when there is a lack of order. See excerpts below. Article 16: Conduct of Persons Before the Planning Commission • During all public hearings and working sessions, members of the public shall be given equitable opportunity to speak. Comments should be addressed to the item before the planning commission. Where a comment is irrelevant, inammatory, or prejudicial, the chairperson may instruct the planning commission to “disregard” the comment, which nevertheless may, at the discretion of the board, remain in the public record. 2023 P&Z Page 28 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 42 Chapter 2: Ethics and the Planning Commissioner • During all regular and emergency meetings of the planning commission, the public may be present but shall remain silent unless specically invited by the chairperson to provide comment. • During all planning commission proceedings, members of the public have the obliga- tion to remain in civil order. Any conduct which interferes with the equitable rights of another to provide comment or which interferes with the proper execution of com- mission aairs may be ruled by the chairperson as “out-of-order” and the oending person directed to remain silent. Once having been so directed, if a person persists in disruptive conduct, the chairperson may entertain a motion to “eject” the person from the planning commission hearing or meeting. Where the person fails to comply with the successful motion to eject, the chairperson may then call upon civil authority to physically remove the individual from the chamber for the duration of the hearing or deliberation on that item. The advantages of having these procedures in place ahead of time is that it saves people the stress of trying to decide in the middle of an especially angry and contentious meeting what to do next. It also sets a reasonable standard to which Commissioners can refer when the shouting and the insults become untenable. Ejecting people should be avoided if at all possible, especial- ly because law enforcement personnel rarely attend Planning Commission meetings. Nonetheless, there are occasions when the Police should be invited to attend and be prepared to “invite” unruly members of the public to leave the Planning Commission meeting chambers. For example, you may have residents with mental health issues attending meetings and threatening those who disagree with them. In one City, vague threatening statements were made at a neighborhood meeting. At the end of the meeting, when City staff left, they learned that all of their cars had been keyed. When people don’t feel safe or respected at meetings, it is appropriate to take actions to restore civility. If it is a group rather than an individual causing the disruption, then the room may be cleared. Members of the media must be allowed to stay. Discussion can only take place on items posted on the agenda. Besides removing disruptive individuals, another way to encourage civil behavior is for the Planning Commissioners to lead by example. If the Com- mission consistently demonstrates courtesy and respect it can help to tone down some of the rhetoric. Put simply, the Commission must avoid criticism of individuals and their motivations. The Commission’s deliberations must focus on the merit of the proposal. While the Planning Commission Chair 2023 P&Z Page 29 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 43Chapter 2: Ethics and the Planning Commissioner can encourage everyone to behave in a civil manner, the Chair cannot stop people from expressing their opinions or criticizing the action of the Commis- sion or others. The Commission’s agenda must provide an opportunity for the public to ad- dress the Commission on any item of interest to the public within the Com- mission’s jurisdiction. The Planning Commission may adopt reasonable reg- ulations to ensure that everyone has an opportunity to be heard in an orderly manner. This includes time limits which can help ensure that the Commis- sion can complete its work. The time limits should not be so short that the public’s position cannot be readily understood, for example thirty seconds. Individual Planning Commissioners Should Be Prepared to Address Ethical Challenges Most ethical challenges fall into one of two categories: Balancing two things that are both right or doing the right thing even when it may be costly to you personally or politically. For example, you might feel an ethical challenge when doing the right thing might jeopardize your appointed position – voting against a project championed by the Mayor. Or a vote may jeopardize a val- ued personal relationship. While it may be a hard decision, it is also easy in the sense that the right thing to do is obvious. It is accepting the cost which is onerous. Ethical provisions require that you do what is best for the public interest. This responsibility trumps your own personal interests and friend- ships. The other kinds of ethical challenges – deciding between competing public good or two rights – are more dificult. The one right thing to do is not so obvious. Should you approve a project that will generate badly need- ed additional sales tax revenue even though it will increase trafic impacting residents when there are no feasible mitigations? Here are several steps to follow to help resolve and ethical problem. 1. Stop and dene the problem. Avoid the temptation to go along to get along. Take the time to make sure you can clearly express, at least to yourself, what are your misgivings. 2. Collect the facts. Who is involved? How credible is the information you’ve been oered? How reliable are the people providing information? And is the information complete? 2023 P&Z Page 30 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 44 Chapter 2: Ethics and the Planning Commissioner 3. Refer to your guidance material. Whatever principles or codes or ordinances apply to your work, know what the recommendations are and how they would be applied. 4. Generate alternative courses of action and decide if they would have better probable outcomes. You can ask people individually or in a public setting, ask the Commission Chair to address the problem, or request a memo from the sta. When you have a list of alternatives, look for the ones that can help solve the problem while building ethical bridges to the rest of the commission. 5. Act on the best alternative. The best alternative reects fullling your com- mitment to serve the public interest, doing the right thing, and minimizing the potential cost of following the right course. Example: You have observed two members of the commission, in public meetings, urge the sta to waive the criteria for a variance to the subdivision standards for cer- tain members of the development community. The commission usually goes along. Answer: Using the above guidelines: 1. Stop and dene the problem. Long time developers are receiving preferential treatment and are being granted variances to the subdivision standards without meeting the criteria. 2. Collect the facts. You always take detailed notes of the Commission’s debate. Within the past six months, only two developers and all of their projects have been the subject of requests of sta by the same two commissioners. Each time, the argument is made to waive standards to support economic development and encourage homebuilding. Some of the waivers are minor; others are signicant. But in each case, they are lobbying for the approval of subdivisions that are sub- standard. 3. Refer to guidance material. The APA Statement of Ethical Principles states that those who participate in the planning process should “Exercise fair, honest, and independent judgment.” You believe the Commissioners are failing to achieve this standard and the credibility of the Commission has been aected. 4. Generate alternatives. Talk to the Chair of the Planning Commission. Talk to the two Planning Commissioners. Request a brieng from sta of the formal process of seeking variances and waivers. Invite a representative from the Texas Chapter of APA to discuss the potential long-term costs of waiving certain subdivision standards. 2023 P&Z Page 31 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 45Chapter 2: Ethics and the Planning Commissioner 5. Act on the best alternative. You decide to talk to the Chair of the Planning Com- mission because this option doesn’t preclude other actions if your conversation is not productive. It is your hope that together the two of you can approach the other Commissioners. With all of the information provided in this chapter, it should feel more com- fortable to answer the questions posed at the beginning of the Chapter. Question: Can I meet individually with applicants to hear about their project? Answer: _____________________________________________________________ Question: Should I take a tour of a project site with an applicant? Answer: _____________________________________________________________ Question: Can I discuss pending development projects at my neighborhood association meeting? Answer: _____________________________________________________________ Question: Can friends and neighbors oer me their opinions about pending projects? Answer: _____________________________________________________________ Question: What happens when my best friend has a project before the Plan- ning Commission? Answer: _____________________________________________________________ Question: How can I do my job as a Planning Commissioner in a way that pro- motes fairness and objectivity? Answer: _____________________________________________________________ WHEN YOU HAVE SERIOUS CONCERNS ABOUT ETHICAL MISCONDUCT What can you do when there are ethical violations that taint the public plan- ning process? When you notice a consistent pattern of unethical behavior and simple, direct remedies have failed, it may be time to consult with others who can bring to bear the inluence of another entity. 2023 P&Z Page 32 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 46 Chapter 2: Ethics and the Planning Commissioner You have a responsibility to act quickly to address ethical problems before they become scandals. In the case of alleged unethical conduct by a certiied professional planner (AICP), you can conduct the Professional Development Oficer of the APA Texas Chapter regarding a general question about accepted standards for behavior. To make a speciic complaint, you should contact the Executive Di- rector of the American Planning Association who serves as the Ethics Oficer for the American Institute of Certiied Planners. Contact information for these individuals is available on the Texas Chapter website: www.txplanning.org or that of the APA www.planning.org. Your peers from another jurisdiction can also be helpful in sorting out the issues and alternatives. This is particularly true when you have concerns about the conduct of a planner and you are not quite ready to consult with others. What if the perceived problem lies with a fellow Commissioner or an elected oficial? You have a responsibility to act quickly to address ethical problems before they become scandals. It is often useful to assemble collective wisdom. The following steps include some from a publication from the Institute for Local Government : 1. Dene and problem. 2. Collect the facts. 3. Determine the consequences of ignoring the situation. 4. Speak with others. See if they share your concerns. Do not gossip, but instead frame the conversation in terms of what needs to be done (if anything) to respond to the challenge. 5. Determine if an investigation is warranted. 6. Determine whether to contact external authorities. 7. Figure out what can be done to prevent a similar situation from occurring in the future. These recommendations are not made lightly but with the full recognition that confronting problematic behavior may involve personal costs. Conversa- tions can damage relationships. That’s why it’s best to begin with a one-on- one approach clarifying your understanding and, if things are as bad as you fear, helping a colleague to understand what can happen if the conduct does not change. By encouraging a colleague to refrain from the behavior, you are seeking to spare both the colleague as well as the City the embarrassment that will likely result. Depending on the magnitude of the transgression, you might choose to encourage the Commissioner to talk to an attorney. You 2023 P&Z Page 33 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 47Chapter 2: Ethics and the Planning Commissioner can use the approach of conirming from an independent party the possible expenses that may accrue from continuing to lout the law. When you hear that the behavior is protected because no one will ind out, debate that prem- ise loudly. With all of the ways people can follow actions by Commissioners whether public or private, that strategy is bound to fail. Don’t be surprised if the response remains guarded or even denial. As mentioned earlier, we all have an enormous capacity for believing that we are honest and ethical indi- viduals and hence, our conduct is also upright. It is a dificult lesson to learn, but nonetheless true that you as an individual will be judged by the conduct of the other Commissioners. You must be pre- pared to not only act ethically on your own, but also to hold others account- able when they fail to do so. Ultimately, an ethical commissioner must be prepared to consider whether events are of such a serious nature as to require resignation to avoid guilt by association. Conversely, the Commissioner may decide, upon relection, to maintain a lonely outpost as the ethical beacon. The lone Commissioner can be effective in a number of simple ways. One could request that the APA Statement of Ethical Principles be placed on an agenda of the Commission. A discussion can then occur without appearing to judge any individual(s). The Commissioner could request training on ethics as a part of the overall devel- opment program for volunteers. Even without bringing these outside resourc- es to the table, consistently ethical actions by one Commissioner will, over time, raise the ethical consciousness of the entire Planning Commission for the beneit of the whole community. What Happens When a Planning Commission Operations Unethically? There can be serious consequences for misconduct. If the administrative decision is tainted, it can be site aside. New proceedings are then required. An individual who fails to avoid conlicts of interest can lose her/his position on the Commission. If the ethical failing rises to the level of a charge of violating someone’s due process rights under the constitution, there could be a lawsuit and damages awarded. Most city attorneys will tell you that you will not be defended if you have violated the law. The cost of the proceedings will have to be borne by the individual Planning Commissioners. Most city attorneys will tell you that you will not be defended if you have violated the law. 2023 P&Z Page 34 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 48 Chapter 2: Ethics and the Planning Commissioner THE TAKEAWAY MESSAGE Ethics for Planning Commissions is not an introspective process. You can be absolutely conident that you have put your personal interest aside, but the public may still question loudly whether that is true. Experienced Planning Commissioners know that the public’s perception matters when you make your determination of what the right thing to do is. This does not mean yielding to prejudice or the loudest voice. Your responsibility remains to do what is best for your community, even if it is an unpopular choice. If you act on your best judgment (and leave outside the meeting room your personal or political or job-related interests), you will have solved 99% of the ethical co- nundrums. You can encourage ethical behavior simply by bringing the issue up. You and the other Commissioners should analyze issues for their ethical implications and have a shared understanding of how these issues should be addressed. If you have taken the time to read to the end of this Chapter, you are ahead of the game! Ethical Planning Commissioners: 1. Are clear about the behavior they demand of themselves and expect from others. 2. Promote an ethical culture with- in the Planning Commission and the community where they serve. 3. Have a strategy ready for deal- ing with ethical issues if they arise. 2023 P&Z Page 35 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 49Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT ATTACHMENT A Ethical Principles in Planning (As Adopted May 1992) This statement is a guide to ethical conduct for all who participate in the process of planning as advi- sors, advocates, and decision makers. It presents a set of principles to be held in common by certiied planners, other practicing planners, appointed and elected oficials, and others who participate in the process of planning. The planning process exists to serve the public interest. While the public interest is a question of con- tinuous debate, both in its general principles and in its case-by-case applications, it requires a conscien- tiously held view of the policies and actions that best serve the entire community. Planning issues commonly involve a conlict of values and, often, there are large private interests at stake. These accentuate the necessity for the highest standards of fairness and honesty among all partic- ipants. Those who practice planning need to adhere to a special set of ethical requirements that must guide all who aspire to professionalism. The Code is formally subscribed to by each certiied planner. It includes an enforcement procedure that is administered by AICP. The Code, however, provides for more than the minimum threshold of en- forceable acceptability. It also sets aspirational standards that require conscious striving to attain. The ethical principles derive both from the general values of society and from the planner’s special re- sponsibility to serve the public interest. As the basic values of society are often in competition with each other, so do these principles sometimes compete. For example, the need to provide full public informa- tion may compete with the need to respect conidences. Plans and programs often result from a balanc- ing among divergent interests. An ethical judgment often also requires a conscientious balancing, based on the facts and context of a particular situation and on the entire set of ethical principles. This statement also aims to inform the public generally. It is also the basis for continuing systematic discussion of the application of its principles that is itself essential behavior to give them daily meaning. The planning process must continuously pursue and faithfully serve the public interest. Planning Process Participants should: 2023 P&Z Page 36 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 50 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT 1. Recognize the rights of citizens to participate in planning decisions; 2. Strive to give citizens (including those who lack formal organization or inuence) full, clear and accu- rate information on planning issues and the opportunity to have a meaningful role in the develop- ment of plans and programs; 3. Strive to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of disadvantaged groups and persons; 4. Assist in the clarication of community goals, objectives and policies in plan-making; 5. Ensure that reports, records and any other non-condential information which is, or will be, available to decision makers is made available to the public in a convenient format and suciently in advance of any decision; 6. Strive to protect the integrity of the natural environment and the heritage of the built environment; 7. Pay special attention to the interrelatedness of decisions and the long range consequences of present actions. Planning process participants continuously strive to achieve high standards of integrity and prociency so that public respect for the planning process will be maintained. Planning Process Participants should: 1. Exercise fair, honest and independent judgment in their roles as decision makers and advisors; 2. Make public disclosure of all “personal interests” they may have regarding any decision to be made in the planning process in which they serve, or are requested to serve, as advisor or decision maker. 3. Dene “personal interest” broadly to include any actual or potential benets or advantages that they, a spouse, family member or person living in their household might directly or indirectly obtain from a planning decision; 4. Abstain completely from direct or indirect participation as an advisor or decision maker in any matter in which they have a personal interest, and leave any chamber in which such a matter is under delib- eration, unless their personal interest has been made a matter of public record; their employer, if any, has given approval; and the public ocial, public agency or court with jurisdiction to rule on ethics matters has expressly authorized their participation; 5. Seek no gifts or favors, nor oer any, under circumstances in which it might reasonably be inferred that the gifts or favors were intended or expected to inuence a participant’s objectivity as an advisor or decision maker in the planning process; Not participate as an advisor or decision maker on any plan or project in which they have previously par- ticipated as an advocate; 6. Serve as advocates only when the client’s objectives are legal and consistent with the public interest. 7. Not participate as an advocate on any aspect of a plan or program on which they have previously served as advisor or decision maker unless their role as advocate is authorized by applicable law, agency regulation, or ruling of an ethics ocer or agency; such participation as an advocate should 2023 P&Z Page 37 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 51Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT be allowed only after prior disclosure to, and approval by, their aected client or employer; under no circumstance should such participation commence earlier than one year following termination of the role as advisor or decision maker; 8. Not use condential information acquired in the course of their duties to further a personal interest; 9. Not disclose condential information acquired in the course of their duties except when required by law, to prevent a clear violation of law or to prevent substantial injury to third persons; provided that disclosure in the latter two situations may not be made until after verication of the facts and issues involved and consultation with other planning process participants to obtain their separate opinions; 10. Not misrepresent facts or distort information for the purpose of achieving a desired outcome; 11. Not participate in any matter unless adequately prepared and suciently capacitated to render thor- ough and diligent service; 12. Respect the rights of all persons and not improperly discriminate against or harass others based on characteristics which are protected under civil rights laws and regulations. APA members who are practicing planners continuously pursue improvement in their planning competence as well as in the development of peers and aspiring planners. They recognize that enhancement of planning as a profession leads to greater public respect for the planning pro- cess and thus serves the public interest. APA Members who are practicing planners: 1. Strive to achieve high standards of professionalism, including certication, integrity, knowledge, and professional development consistent with the AICP Code of Ethics; 2. Do not commit a deliberately wrongful act which reects adversely on planning as a profession or seek business by stating or implying that they are prepared, willing or able to inuence decisions by improper means; 3. Participate in continuing professional education; 4. Contribute time and eort to groups lacking adequate planning resources and to voluntary profes- sional activities; 5. Accurately represent their qualications to practice planning as well as their education and aliations; 6. Accurately represent the qualications, views, and ndings of colleagues; 7. Treat fairly and comment responsibly on the professional views of colleagues and members of other professions; 8. Share the results of experience and research which contribute to the body of planning knowledge; 9. Examine the applicability of planning theories, methods and standards to the facts and analysis of each particular situation and do not accept the applicability of a customary solution without rst es- tablishing its appropriateness to the situation; 10. Contribute time and information to the development of students, interns, beginning practitioners and other colleagues; 2023 P&Z Page 38 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 52 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT 11. Strive to increase the opportunities for women and members of recognized minorities to become professional planners; 12. Systematically and critically analyze ethical issues in the practice of planning. 2023 P&Z Page 39 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 53Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT ATTACHMENT B AICP Code of Ethics and Professional Conduct Adopted March 19, 2005 Eective June 1, 2005 Revised October 3, 2009 The Executive Director of APA/AICP is the Ethics Oficer as referenced in the following. We, professional planners, who are members of the American Institute of Certiied Planners, subscribe to our Institute’s Code of Ethics and Professional Conduct. Our Code is divided into four sections: Section A contains a statement of aspirational principles that constitute the ideals to which we are com- mitted. We shall strive to act in accordance with our stated principles. However, an allegation that we failed to achieve our aspirational principles cannot be the subject of a misconduct charge or be a cause for disciplinary action. Section B contains rules of conduct to which we are held accountable. If we violate any of these rules, we can be the object of a charge of misconduct and shall have the responsibility of responding to and cooperating with the investigation and enforcement procedures. If we are found to be blameworthy by the AICP Ethics Committee, we shall be subject to the imposition of sanctions that may include loss of our certiication. Section C contains the procedural provisions of the Code. It (1) describes the way that one may obtain either a formal or informal advisory ruling, and (2) details how a charge of misconduct can be iled, and how charges are investigated, prosecuted, and adjudicated. Section D contains procedural provisions that govern situations in which a planner is convicted of a serious crime. The principles to which we subscribe in Sections A and B of the Code derive from the special responsi- bility of our profession to serve the public interest with compassion for the welfare of all people and, as professionals, to our obligation to act with high integrity. As the basic values of society can come into competition with each other, so can the aspirational princi- ples we espouse under this Code. An ethical judgment often requires a conscientious balancing, based on the facts and context of a particular situation and on the precepts of the entire Code. As Certiied Planners, all of us are also members of the American Planning Association and share in the 2023 P&Z Page 40 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 54 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT goal of building better, more inclusive communities. We want the public to be aware of the principles by which we practice our profession in the quest of that goal. We sincerely hope that the public will respect the commitments we make to our employers and clients, our fellow professionals, and all other persons whose interests we affect. A: Principles to Which We Aspire 1. Our Overall Responsibility to the Public Our primary obligation is to serve the public interest and we, therefore, owe our allegiance to a consci- entiously attained concept of the public interest that is formulated through continuous and open de- bate. We shall achieve high standards of professional integrity, proiciency, and knowledge. To comply with our obligation to the public, we aspire to the following principles: a) We shall always be conscious of the rights of others. b) We shall have special concern for the long-range consequences of present actions. c) We shall pay special attention to the interrelatedness of decisions. d) We shall provide timely, adequate, clear, and accurate information on planning issues to all aected persons and to governmental decision makers. e) We shall give people the opportunity to have a meaningful impact on the development of plans and programs that may aect them. Participation should be broad enough to include those who lack formal organization or inuence. f) We shall seek social justice by working to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of the disadvantaged and to promote racial and economic integration. We shall urge the alteration of policies, institutions, and decisions that oppose such needs. g) We shall promote excellence of design and endeavor to conserve and preserve the integrity and heri- tage of the natural and built environment. h) We shall deal fairly with all participants in the planning process. Those of us who are public ocials or employees shall also deal evenhandedly with all planning process participants. 2. Our Responsibility to Our Clients and Employers We owe diligent, creative, and competent performance of the work we do in pursuit of our client or em- ployer’s interest. Such performance, however, shall always be consistent with our faithful service to the public interest. 2023 P&Z Page 41 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 55Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT a) We shall exercise independent professional judgment on behalf of our clients and employers. b) We shall accept the decisions of our client or employer concerning the objectives and nature of the pro- fessional services we perform unless the course of action is illegal or plainly inconsistent with our primary obligation to the public interest. c) We shall avoid a conict of interest or even the appearance of a conict of interest in accepting assign- ments from clients or employers. 3. Our Responsibility to Our Profession and Colleagues We shall contribute to the development of, and respect for, our profession by improving knowledge and techniques, making work relevant to solutions of community problems, and increasing public under- standing of planning activities. a) We shall protect and enhance the integrity of our profession. b) We shall educate the public about planning issues and their relevance to our everyday lives. c) We shall describe and comment on the work and views of other professionals in a fair and professional manner. d) We shall share the results of experience and research that contribute to the body of planning knowl- edge. e) We shall examine the applicability of planning theories, methods, research and practice and standards to the facts and analysis of each particular situation and shall not accept the applicability of a customary solution without rst establishing its appropriateness to the situation. f) We shall contribute time and resources to the professional development of students, interns, beginning professionals, and other colleagues. g) We shall increase the opportunities for members of underrepresented groups to become professional planners and help them advance in the profession. h) We shall continue to enhance our professional education and training. i) We shall systematically and critically analyze ethical issues in the practice of planning. 2023 P&Z Page 42 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 56 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT j) We shall contribute time and eort to groups lacking in adequate planning resources and to voluntary professional activities. B: Our Rules of Conduct We adhere to the following Rules of Conduct, and we understand that our Institute will enforce com- pliance with them. If we fail to adhere to these Rules, we could receive sanctions, the ultimate being the loss of our certiication: 1. We shall not deliberately or with reckless indierence fail to provide adequate, timely, clear and accu- rate information on planning issues. 2. We shall not accept an assignment from a client or employer when the services to be performed in- volve conduct that we know to be illegal or in violation of these rules. 3. We shall not accept an assignment from a client or employer to publicly advocate a position on a planning issue that is indistinguishably adverse to a position we publicly advocated for a previous client or employer within the past three years unless (1) we determine in good faith after consultation with other qualied professionals that our change of position will not cause present detriment to our previous client or employer, and (2) we make full written disclosure of the conict to our current client or employer and receive written permission to proceed with the assignment. 4. We shall not, as salaried employees, undertake other employment in planning or a related profession, whether or not for pay, without having made full written disclosure to the employer who furnishes our salary and having received subsequent written permission to undertake additional employment, un- less our employer has a written policy which expressly dispenses with a need to obtain such consent. 5. We shall not, as public ocials or employees, accept from anyone other than our public employer any compensation, commission, rebate, or other advantage that may be perceived as related to our public oce or employment. 6. We shall not perform work on a project for a client or employer if, in addition to the agreed upon compensation from our client or employer, there is a possibility for direct personal or nancial gain to us, our family members, or persons living in our household, unless our client or employer, after full written disclosure from us, consents in writing to the arrangement. 7. We shall not use to our personal advantage, nor that of a subsequent client or employer, informa- tion gained in a professional relationship that the client or employer has requested be held inviolate or that we should recognize as condential because its disclosure could result in embarrassment or other detriment to the client or employer. Nor shall we disclose such condential information except when (1) required by process of law, or (2) required to prevent a clear violation of law, or (3) required to prevent a substantial injury to the public. Disclosure pursuant to (2) and (3) shall not be made until after we have veried the facts and issues involved and, when practicable, exhausted eorts to obtain reconsideration of the matter and have sought separate opinions on the issue from other qualied professionals employed by our client or employer. 8. 8. We shall not, as public ocials or employees, engage in private communications with planning pro- 2023 P&Z Page 43 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 57Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT cess participants if the discussions relate to a matter over which we have authority to make a binding, nal determination if such private communications are prohibited by law or by agency rules, proce- dures, or custom. 9. We shall not engage in private discussions with decision makers in the planning process in any man- ner prohibited by law or by agency rules, procedures, or custom. 10. We shall neither deliberately, nor with reckless indierence, misrepresent the qualications, views and ndings of other professionals. 11. We shall not solicit prospective clients or employment through use of false or misleading claims, ha- rassment, or duress. 12. We shall not misstate our education, experience, training, or any other facts which are relevant to our professional qualications. 13. We shall not sell, or oer to sell, services by stating or implying an ability to inuence decisions by improper means. 14. We shall not use the power of any oce to seek or obtain a special advantage that is not a matter of public knowledge or is not in the public interest. 15. We shall not accept work beyond our professional competence unless the client or employer under- stands and agrees that such work will be performed by another professional competent to perform the work and acceptable to the client or employer. 16. We shall not accept work for a fee, or pro bono, that we know cannot be performed with the prompt- ness required by the prospective client, or that is required by the circumstances of the assignment. 17. We shall not use the product of others’ eorts to seek professional recognition or acclaim intended for producers of original work. 18. We shall not direct or coerce other professionals to make analyses or reach ndings not supported by available evidence. 19. We shall not fail to disclose the interests of our client or employer when participating in the planning process. Nor shall we participate in an eort to conceal the true interests of our client or employer. 20. We shall not unlawfully discriminate against another person. 21. We shall not withhold cooperation or information from the AICP Ethics Ocer or the AICP Ethics Com- mittee if a charge of ethical misconduct has been led against us. 22. We shall not retaliate or threaten retaliation against a person who has led a charge of ethical mis- conduct against us or another planner, or who is cooperating in the Ethics Ocer’s investigation of an ethics charge. 23. We shall not use the threat of ling an ethics charge in order to gain, or attempt to gain, an advantage in dealings with another planner. 24. We shall not le a frivolous charge of ethical misconduct against another planner. 25. We shall neither deliberately, nor with reckless indierence, commit any wrongful act, whether or not specied in the Rules of Conduct, that reects adversely on our professional tness. 26. We shall not fail to immediately notify the Ethics Ocer by both receipted Certied and Regular First Class Mail if we are convicted of a “serious crime” as dened in Section D of the Code; nor immediately 2023 P&Z Page 44 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 58 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT following such conviction shall we represent ourselves as Certied Planners or Members of AICP until our membership is reinstated by the AICP Ethics Committee pursuant to the procedures in Section D of the Code. C: Our Code Procedures 1. Introduction In brief, our Code Procedures (1) describe the way that one may obtain either a formal or informal advi- sory ethics ruling, and (2) detail how a charge of misconduct can be iled, and how charges are investi- gated, prosecuted, and adjudicated. 2. Informal Advice All of us are encouraged to seek informal ethics advice from the Ethics Oficer. Informal advice is not given in writing and is not binding on AICP, but the AICP Ethics Committee shall take it into consider- ation in the event a charge of misconduct is later iled against us concerning the conduct in question. If we ask the Ethics Oficer for informal advice and do not receive a response within 21 calendar days of our request, we should notify the Chair of the Ethics Committee that we are awaiting a response. 3. Formal Advice Only the Ethics Oficer is authorized to give formal advice on the propriety of a planner’s proposed con- duct. Formal advice is binding on AICP and any of us who can demonstrate that we followed such ad- vice shall have a defense to any charge of misconduct. The advice will be issued to us in writing signed by the Ethics Oficer. The written advice shall not include names or places without the written consent of all persons to be named. Requests for formal advice must be in writing and must contain suficient details, real or hypothetical, to permit a deinitive opinion. The Ethics Oficer has the discretion to issue or not issue formal advice. The Ethics Oficer will not issue formal advice if he or she determines that the request deals with past conduct that should be the subject of a charge of misconduct. The Ethics Of- icer will respond to requests for formal advice within 21 days of receipt and will docket the requests in a log that will be distributed on a quarterly basis to the Chair of the AICP Ethics Committee. If the Ethics Oficer fails to furnish us with a timely response we should notify the Chair of the AICP Ethics Commit- tee that we are awaiting a response. 4. Published Formal Advisory Rulings The Ethics Oficer shall transmit a copy of all formal advice to the AICP Ethics Committee. The Com- mittee, from time to time, will determine if the formal advice provides guidance to the interpretation of the Code and should be published as a formal advisory ruling. Also, the Ethics Committee has the au- thority to draft and publish formal advisory rulings when it determines that guidance to interpretation of the Code is needed or desirable. 5. Filing a Charge of Misconduct 2023 P&Z Page 45 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 59Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT Any person, whether or not an AICP member, may ile a charge of misconduct against a Certiied Plan- ner. A charge of misconduct shall be made in a letter sent to the AICP Ethics Oficer. The letter may be signed or it may be anonymous. The person iling the charge is urged to maintain conidentiality to the extent practicable. The person iling the charge should not send a copy of the charge to the Certiied Planner identiied in the letter or to any other person. The letter shall accurately identify the Certiied Planner against whom the charge is being made and describe the conduct that allegedly violated the provisions of the Rules of Conduct. The person iling a charge should also cite all provisions of the Rules of Conduct that have allegedly been violated. However, a charge will not be dismissed if the Ethics Ofi- cer is able to determine from the facts stated in the letter that certain Rules of Conduct may have been violated. The letter reciting the charge should be accompanied by all relevant documentation available to the person iling the charge. While anonymously iled charges are permitted, anonymous ilers will not receive notiication of the disposition of the charge. Anonymous ilers may furnish a postal address in the event the Ethics Oficer needs to reach them for an inquiry. 6. Receipt of Charge by Ethics Ocer The Ethics Oficer shall maintain a log of all letters containing charges of misconduct iled against Cer- tiied Planners upon their receipt and shall transmit a quarterly report of such correspondence to the Chair of the Ethics Committee. Within two weeks of receipt of a charge, the Ethics Oficer shall prepare a cover letter and transmit the charge and all attached documentation to the named Certiied Planner, who shall be now referred to as “the Respondent.” The Ethics Oficer’s cover letter shall indicate wheth- er the Ethics Oficer expects the Respondent to ile a “preliminary response” or whether the Ethics Oficer is summarily dismissing the charge because it is clearly without merit. A copy of the cover letter will also be sent to the Charging Party, if identiied. If the cover letter summarily dismisses the charge, it shall be sent to an identiiable Charging Party by receipted Certiied Mail. The Charging Party will have the right to appeal the summary dismissal as provided in Section 11. After the Ethics Oficer has re- ceived a charge, the Charging Party may withdraw it only with the permission of the Ethics Oficer. After receiving a charge, the Ethics Oficer shall have a duty to keep an identiied Charging Party informed of its status. If an identiied Charging Party has not received a status report from the Ethics Oficer for 60 calendar days, the Charging Party should notify the Chair of the AICP Ethics Committee of the lapse. 7. Right of Counsel A planner who receives a charge of misconduct under a cover letter requesting a preliminary response should understand that if he or she desires legal representation, it would be advisable to obtain such representation at the earliest point in the procedure. However, a planner who elects to proceed at irst without legal representation will not be precluded from engaging such representation at any later point in the procedure. 8. Preliminary Responses to a Charge of Misconduct If the Ethics Oficer requests a preliminary response, the Respondent shall be allowed 30 calendar days 2023 P&Z Page 46 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 60 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT from receipt of the Ethics Oficer’s letter to send the response to the Ethics Oficer. The Ethics Oficer will grant an extension of time, not to exceed 15 calendar days, if the request for the extension is made within the 30 day period. Failure to make a timely preliminary response constitutes a failure to coop- erate with the Ethics Oficer’s investigation of the charge. A preliminary response should include doc- umentation, the names, addresses and telephone numbers of witnesses, and all of the facts and argu- ments that counter the charge. Because the motivation of the person who iled the charge is irrelevant, the Respondent should not discuss it. The Ethics Oficer will send a copy of the preliminary response to the Charging Party, if identiied, and allow the Charging Party 15 calendar days from the date of receipt to respond. 9. Conducting an Investigation After review of the preliminary response from the Respondent and any counter to that response fur- nished by an identiied Charging Party, or if no timely preliminary response is received, the Ethics Oficer shall decide whether an investigation is appropriate. If the Ethics Oficer determines that an investigation should be conducted, he or she may designate a member of the AICP staff or AICP counsel to conduct the investigation. The Respondent must cooperate in the investigation and encourage others with relevant information, whether favorable or unfavorable, to cooperate. Neither the Ethics Oficer , nor designee, will make credibility indings to resolve differing witness versions of facts in dispute. 10. Dismissal of Charge or Issuance of Complaint If, with or without an investigation, the charge appears to be without merit, the Ethics Oficer shall dismiss it in a letter, giving a full explanation of the reasons. The dismissal letter shall be sent to the Re- spondent and the Charging Party by receipted Certiied Mail. If, however, the Ethics Oficer’s investiga- tion indicates that a Complaint is warranted, the Ethics Oficer shall draft a Complaint and send it to the Respondent by receipted Certiied Mail, with a copy to the Charging Party. The Complaint shall consist of numbered paragraphs containing recitations of alleged facts. Following the fact paragraphs, there shall be numbered paragraphs of alleged violations, which shall cite provisions of the Rules of Conduct that the Ethics Oficer believes are implicated. The allegations in the Complaint shall be based on the results of the Ethics Oficer’s investigation of the charge and may be additional to, or different from, those allegations initially relied upon by the Charging Party. The Ethics Oficer shall maintain a log of all dismissals and shall transmit the log on a quarterly basis to the Chair of the Ethics Committee. 11. Appeal of Dismissal of Charge Identiied Charging Parties who are notiied of the dismissal of their ethics charges shall have 30 calen- dar days from the date of the receipt of their dismissal letters to ile an appeal with the Ethics Commit- tee. The appeal shall be sent to the Ethics Oficer who shall record it in a log and transmit it within 21 calendar days to the Ethics Committee. The Ethics Committee shall either afirm or reverse the dismiss- al. If the dismissal is reversed, the Ethics Committee shall either direct the Ethics Oficer to conduct a 2023 P&Z Page 47 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 61Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT further investigation and review the charge again, or issue a Complaint based on the materials before the Committee. The Ethics Oficer shall notify the Charging Party and the Respondent of the Ethics Committee’s determination. 12. Answering a Complaint The Respondent shall have 30 calendar days from receipt of a Complaint in which to ile an Answer. An extension not to exceed 15 calendar days will be granted if the request is made within the 30 day period. In furnishing an Answer, the Respondent is expected to cooperate in good faith. General denials are un- acceptable. The Answer must speciically admit or deny each of the fact allegations in the Complaint. It is acceptable to deny a fact allegation on the ground that the planner is unable to verify its correctness, but that explanation should be stated as the reason for denial. The failure of a Respondent to make a timely denial of any fact alleged in the Complaint shall be deemed an admission of such fact. The Eth- ics Oficer may amend a Complaint to delete any disputed fact, whether or not material to the issues. The Ethics Oficer also may amend a Complaint to restate fact allegations by verifying and adopting the Respondent’s version of what occurred. The Ethics Oficer shall send the Complaint or Amended Complaint and the Respondent’s Answer to the Ethics Committee with a copy to an identiied Charging Party. The Ethics Oficer shall also inform the Ethics Committee if there are any disputed material facts based on a comparison of the documents. 13. Conducting a Hearing a) If the Ethics Oficer notiies the Ethics Committee that material facts are in dispute or if the Ethics Committee, on its own, inds that to be the case, the Chair of the Committee shall designate a “Hearing Oficial” from among the membership of the Committee. At this point in the process, the Ethics Oficer, either personally or through a designated AICP staff member or AICP counsel, shall continue to serve as both Investigator-Prosecutor and as the Clerk serving the Ethics Committee, the Hearing Oficial and the Respondent. In carrying out clerical functions, the Ethics Oficer, or designee, may discuss with the Ethics Committee and the Hearing Oficial the procedural arrangements for the hearing. Until the Ethics Committee decides the case, however, the Ethics Oficer or designee shall not discuss the merits of the case with any member of the Committee unless the Respondent is present or is afforded an equal opportunity to address the Committee member. b) The Ethics Oficer shall transmit a “Notice of Hearing” to the Respondent, the Hearing Oficial and an identiied Charging Party. The hearing shall normally be conducted in the vicinity where the al- leged misconduct occurred. The Notice will contain a list of all disputed material facts that need to be resolved. The hearing will be conined to resolution of those facts. There shall be no requirement that formal rules of evidence be observed. c) The Ethics Oficer will have the burden of proving, by a preponderance of the evidence, that mis- conduct occurred. The Ethics Oficer may present witness testimony and any other evidence relevant 2023 P&Z Page 48 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 62 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT to demonstrating the existence of each disputed material fact. The Respondent will then be given the opportunity to present witness testimony and any other evidence relevant to controvert the testimony and other evidence submitted by the Ethics Oficer. The Ethics Oficer may then be given an opportunity to present additional witness testimony and other evidence in rebuttal. All witnesses who testify for the Ethics Oficer or the Respondent shall be subject to cross-examination by the other party. The Hearing Oficial shall make an electronic recording of the hearing and shall make copies of the recording avail- able to the Ethics Oficer and the Respondent. d) At least 30 calendar days before the hearing, the Ethics Oficer and the Respondent shall exchange lists of proposed witnesses who will testify, and copies of all exhibits that will be introduced, at the hear- ing. There shall be no other discovery and no pre-hearing motions. All witnesses must testify in person at the hearing unless arrangements can be made by agreement between the Respondent and the Ethics Oficer prior to the hearing, or by ruling of the Hearing Oficial during the hearing, to have an unavail- able witness’s testimony submitted in a video recording that permits the Hearing Oficial to observe the demeanor of the witness. No unavailable witness’s testimony shall be admissible unless the oppos- ing party was offered a meaningful opportunity to cross-examine the witness. The hearing shall not be open to the public. The Hearing Oficial shall have the discretion to hold open the hearing to accept recorded video testimony of unavailable witnesses. The Respondent will be responsible for the expense of bringing his or her witnesses to the hearing or to have their testimony video recorded. Following the closing of the hearing, the Hearing Oficial shall make indings only as to the disputed material facts and transmit the indings to the full Ethics Committee, the Ethics Oficer, and the Respondent. The Hearing Oficial, prior to issuing indings, may request that the parties submit proposed indings of fact for his or her consideration. 14. Deciding the Case The Ethics Committee (including the Hearing Oficial member of the Committee) shall resolve the ethics matter by reviewing the documentation that sets out the facts that were not in dispute, any fact indings that were required to be made by a Hearing Oficial, and any arguments submitted to it by the Respondent and the Ethics Oficer. The Ethics Oficer shall give 45 calendar days’ notice to the Respon- dent of the date of the Ethics Committee meeting during which the matter will be resolved. The Ethics Oficer and the Respondent shall have 21 calendar days to submit memoranda stating their positions. The Ethics Oficer shall transmit the memoranda to the Ethics Committee no later than 15 calendar days prior to the scheduled meeting. If the Committee determines that the Rules of Conduct have not been violated, it shall dismiss the Complaint and direct the Ethics Oficer to notify the Respondent and an identiied Charging Party. If the Ethics Committee determines that the Ethics Oficer has demon- strated that the Rules of Conduct have been violated, it shall also determine the appropriate sanction, which shall either be a reprimand, suspension, or expulsion. The Ethics Committee shall direct the Eth- ics Oficer to notify the Respondent and an identiied Charging Party of its action and to draft a formal explanation of its decision and the discipline chosen. Upon approval of the Ethics Committee, the expla- 2023 P&Z Page 49 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 63Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT nation and discipline chosen shall be published and titled “Opinion of the AICP Ethics Committee.” The determination of the AICP Ethics Committee shall be inal. 15. Settlement of Charges a) Prior to issuance of a Complaint, the Ethics Oficer may negotiate a settlement between the Respon- dent and an identiied Charging Party if the Ethics Oficer determines that the Charging Party has been personally aggrieved by the alleged misconduct of the Respondent and a private resolution between the two would not be viewed as compromising Code principles. If a settlement is reached under such circumstances, the Charging Party will be allowed to withdraw the charge of misconduct. b) Also prior to issuance of a Complaint, the Ethics Oficer may enter into a proposed settlement agree- ment without the participation of an identiied Charging Party. However, in such circumstances, the proposed settlement agreement shall be contingent upon the approval of the Ethics Committee. An identiied Charging Party will be given notice and an opportunity to be heard by the Ethics Committee before it votes to approve or disapprove the proposed pre-Complaint settlement. c) After issuance of a Complaint by the Ethics Oficer, a settlement can be negotiated solely between the Ethics Oficer and the Respondent, subject to the approval of the Ethics Committee without input from an identiied Charging Party. 16. Resignations and Lapses of Membership If an AICP member who is the subject of a Charge of Misconduct resigns or allows membership to lapse prior to a inal determination of the Charge (and any Complaint that may have issued), the ethics matter will be held in abeyance subject to being revived if the individual applies for reinstatement of mem- bership within two years. If such former member, however, fails to apply for reinstatement within two years, the individual shall not be permitted to reapply for certiication for a period of 10 years from the date of resignation or lapse of membership. If the Ethics Oficer receives a Charge of Misconduct against a former member, the Ethics Oficer shall make an effort to locate and advise the former member of the iling of the Charge and this Rule of Procedure. 17. Annual Report of Ethics Ocer Prior to January 31 of each calendar year the Ethics Oficer shall publish an Annual Report of all ethics activity during the preceding calendar year to the AICP Ethics Committee and the AICP Commission. The AICP Commission shall make the Annual Report available to the membership. D: Planners Convicted of Serious Crimes — Automatic Suspension of Certication 1. Automatic Suspension Upon Conviction for “Serious Crime” We acknowledge that if we are convicted of a “serious crime,” our certiication and membership shall be automatically suspended indeinitely. The automatic suspension applies whether the conviction result- 2023 P&Z Page 50 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 64 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT ed from a plea of guilty or nolo contendere or from a verdict after trial or otherwise, and regardless of the pendency of any appeal. A “serious crime” shall include any crime a necessary element of which, as determined by the statutory or common law deinition of such crime in the jurisdiction where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to ile income tax returns or to pay the tax, deceit, bribery, extortion, misappropriation, theft, conlict of interest, or an attempt to or a conspiracy or solicitation of another to commit a “serious crime.” 2. Duty to Notify Ethics Ocer When Convicted of “Serious Crime.” As required by Rule of Conduct 26, in Section B of the Code, we shall notify the Ethics Oficer both by receipted Certiied and Regular First Class Mail if we are convicted of a “serious crime” as deined in Paragraph 1. We understand that failure to do so shall result in a delay in the commencement of the one year waiting period for iling reinstatement petitions as provided for in Paragraph 3. 3. Petition for Reinstatement of Certication and Membership Upon learning of the conviction of a Certiied Planner for a serious crime, the Ethics Oficer shall send the convicted individual by receipted Certiied and Regular First Class Mail to the last address of record a Notice of Suspension of AICP Membership and Certiication. The Notice shall advise the individual that one year from the date of the Notice, but in no event prior to release from incarceration, he or she may petition the AICP Ethics Committee for reinstatement. A Petition for Reinstatement shall be sent to the Ethics Oficer, who shall forward it to the Ethics Committee. The Ethics Committee shall in its sole judgment determine whether reinstatement is appropriate and if so whether and what conditions shall be applied to such reinstatement. The Ethics Oficer shall transmit the reinstatement determina- tion to the petitioner. If the Ethics Committee denies the Petition, the Ethics Oficer shall transmit the denial to the petitioner along with notice that the petitioner shall have the opportunity to ile a subse- quent petition after 12 months from the date of the Ethics Committee’s determination. 4. Publication of Conviction for Serious Crime: If, while we are Certiied Planners, we are convicted of a serious offense, as deined in Paragraph 1, we authorize the Ethics Oficer to publish our name and a description of the crime we committed in a pub- lication of AICP and of the American Planning Association. This authority to publish shall survive the voluntary or involuntary termination or suspension of our AICP membership and certiication. ATTACHMENT C BY-LAWS FOR PLANNING AND ZONING COMMISSION CITY OF COLLINSVILLE, TEXAS Used with the Permission of the City of Collinsville, Troy Vanoy, approved March, 2013. 2023 P&Z Page 51 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 65Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT By-Laws of the Planning Commission of the City of Collinsville, State of Texas, as established on March, 2001. Article 1: Authority Authority was given to Planning and Zoning as a Board by the City Council of Collinsville, State of Tex- as. City of Collinsville Zoning Ordinance. Article 2: Jurisdiction • The Jurisdiction of this board includes all property within the city limits of Collinsville, Texas, as well as any and all property within the extra-territorial jurisdiction (ETJ) of the city. • The amount of property that falls within the ETJ is deined by State law and is based upon the cur- rent population of the city. At the present time, the ETJ for the City of Collinsville includes all area up to one-half of a mile beyond the city limits. • All recommendations will be heard on next planned agenda and decision will be made by the Plan- ning and Zoning board no more than 90 days from the date of the recommendation being presented to the board. Article 3: Appointment and Terms of Members • All appointments to the Planning and Zoning board are made by the City Council. • The Planning and Zoning board consists of ive members who must be a resident either in the city limits of Collinsville, or live within ive (5) miles of the city limits of Collinsville. However in the event that a bordering county line is less than ive (5) miles of the Collinsville City limits, the mile- age limit stops at the Grayson County line. • Each appointment to the Planning and Zoning board is for a two year period. If a member is unable to complete their two year term, the City Council will vote on a replacement to complete that portion of the unexpired term. Members are elected in overlapping terms, i.e., in one year two positions are appointed for two year terms and in the next year three positions are appointed for two year terms. Article 4: Planning Commission Ocers and their Duties • Chairperson- presides at all hearings and meetings of the commission, assures proper order of the commission and the public in all proceedings, signs all documents of the commission, and rep- resents the commission before legislative and administrative bodies. • Vice-chairperson- provides orientation to new planning commission members, and, in the absence of the chairperson, performs all of the chairperson’s duties. If applicable, prepares the annual report of planning commission activities and coordinates the annual meeting of the planning commission. • Secretary- prepares all oficial instruments of the planning commission, records the proceedings of all hearings and meetings; together with the chairperson signs all documents of the planning com- mission, and assures the proper indexing of all planning commission documents as public records. • Chairperson-Pro-Temp- where both the chairperson and vice chairperson are absent from a hear- 2023 P&Z Page 52 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 66 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT ing or meeting, the remainder of the members of the planning commission shall elect a chairper- son-pro-temp from among their own number by majority vote. • Treasurer (NOT APPLICABLE AT THIS TIME)- where a planning commission retains direct control over the budget for operations and staff, the treasurer shall maintain complete, accurate and orderly accounts in preparation for the annual audit, and together with the chairperson shall sign all autho- rizations and payments of funds. Article 5: Sta of the Commission and their Duties • Consultants- the planning commission may hire consultants to perform planning related activities under terms of a contract prepared by the Planning and Zoning Commission and approved by the City Council. • Legal counsel- the county attorney or municipal director of law shall serve as legal counsel to the planning commission; prepares memoranda of law as requested by the planning commission, and reviews drafts of ordinances, resolutions, and by-laws, and their amendment. • Director of Planning (NOT APPLICABLE AT THIS TIME)- advises the planning commission, legislative body, and chief administrative oficer on matters related to planning, development, and redevelopment, coordinates and supervises the work of all other staff and consultants, prepares all documents for presentation to the planning commission, and assists the chairperson and secretary in the exercise of their duties; the director of planning or designee shall have the privilege to address the planning commission during regular meetings. • Zoning Administrator (NOT APPLICABLE AT THIS TIME)- advises the planning commission on all matters regarding the regulation of development, prepares all related documents for presentation to the planning commission, and serves as staff to the board of zoning appeals. • Commission staff (NOT APPLICABLE AT THIS TIME) - the planning commission may appoint other staff members to carry-out appropriate functions. Article 6: Hearings of the Planning Commission • Public hearing- a noticed oficial hearing, the express and limited purpose of which is to provide an equitable opportunity for the public to speak on matters before the planning commission, for which publicly-accessible minutes must be prepared; the planning commission may neither deliberate nor take a substantive vote during a public hearing. • Working Session- a noticed oficial hearing open to the public to discuss speciic matters before the commission; the intent of the working session is informational; the planning commission may neither deliberate nor take a substantive vote during a working session, however publicly-accessible minutes may be prepared. Article 7: Meetings of the Planning Commission • Regular meeting- a noticed oficial meeting, open to the public, during which the planning com- mission deliberates and may take substantive votes on speciic terms, for which publicly-accessible 2023 P&Z Page 53 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 67Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT minutes will be prepared. • Emergency meeting- in the event of a true emergency, the chairperson, with the assent of a majority of planning commission members contacted by telephone, may call an emergency meeting without notice; such meeting is open to the public; publicly-accessible minutes shall carry the speciic justii- cation for such meetings. • Executive meeting- a noticed oficial meeting, closed to the public, whose topics of deliberation are truly conidential in nature; there shall be neither deliberation nor vote on agendized items before the commission. Article 8: Order of a Public Hearing 1. Sign-in sheets by agenda item, listing printed name, signature, address of persons wishing to testify, and indication of support or opposition to items. 2. Call to order and determination of quorum. 3. Presentation by commissioner (or staff if applicable) summarizing the item. 4. Testimony of agencies related to the item. 5. Presentation by the applicant. 6. Testimony of the proponents. 7. Testimony of the opponents. 8. Concluding comments of the applicant. 9. Concluding comments of the commissioner (or staff if applicable). 10. Request of the Chairperson for a motion to close the public hearing. Article 9: Order of a Regular Meeting 1. Call to order and determination of quorum. 2. Approval of the minutes of the previous meeting. 3. Items carried-over from a previous agenda: a. Matters regarding the comprehensive plan b. Matters regarding capital improvements c. Matters regarding subdivision of land d. Matters regarding zoning of land e. Matters regarding other regulatory action 4. Items of the present agenda, presented in the same order as above. 5. Other business. 6. Review of the planning commission calendar and announcement of future meetings. 7. Request of the chairperson for a motion to adjourn. Article 10: Form and Character of Motions The form and character of motions shall conform to those offered within Robert’s Rules of Order, Re- vised, except as speciied below. 2023 P&Z Page 54 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 68 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT • Upon review of the full public record and due deliberation among members of the planning com- mission, any of its members, except the chairperson, may make a substantive motion. The motion shall include not only direction (Approval, Approval with speciied conditions, or Disapproval) but also a recitation of indings which support the motion. • A second, citing compatible inding shall be required. • Other commission members may support the motion with other compatible indings. • A motion shall die for lack of second. • Where a motion to disapprove an item has been defeated, a member of the planning commission initially in the opposition may make a motion to approve or approve with conditions. Article 11: Quorum and Voting Requirements • A majority of the members of the planning commission shall constitute a quorum. • A majority of the members of the planning commission shall be required to pass a motion. • All votes shall be taken by the Chairperson in random order, with the Chairperson not voting except as needed to break a tie vote. • If a member abstains from voting, their vote shall not be counted in the determination of a motion, but it shall be recorded in the minutes as an abstaining vote. Article 12: Requirements for the Submission of Requests • The planning commission shall adopt standard forms for the submission of each type of request re- quired for its consideration; such forms shall specify the schedule of submission, form and content of complementary materials, and scale and content of drawings. • The secretary of the planning commission shall certify the completeness of submissions. • Certiied requests shall be fully noticed under requirements of law and agendized on the planning commission calendar on the same day. • Any request disapproved by the planning commission shall not be resubmitted for a period of six months unless the Planning and Zoning Commission shall determine that a new hearing is justiied prior to the expiration of the six months waiting period. • An application for the same type of amendment shall not be received on the same property more often than once in each twelve (12) month period unless the Planning and Zoning Commission shall determine that a change of conditions justiies a new hearing prior to expiration of the twelve (12) month period. • A fee schedule has been put in place by the City Council to recover costs associated with notice publication, request processing, agenda, and related materials duplication and distribution; more- over, the planning commission may require the applicant to post signs on the affected property, in conformance with provisions of the ordinance, and to notify adjacent property owners, tenants, and community residents of the nature of the applicant’s request. 2023 P&Z Page 55 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 69Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT Article 13: Instruments and Documents of the Planning Commission • The oficial instruments of the planning commission are the record of notice, and agenda, and the minutes of hearings and meetings. Where in special cases the planning commission wishes to pro- vide advice to the legislative body or administrative agency, it may do so by resolution. • Any and all materials submitted to the planning commission regarding an item shall be entered into public record by a motion to “Accept for the record”. • All notices, agendas, requests, agency or consultant letters or reports, citizen petitions, minutes of hearings and meetings, and resolutions shall constitute the documents of the planning commission and shall be indexed as a matter of public record. Article 14: Administrative Calendar • Notice for all hearings and meetings shall conform to requirements of law. • Terms for two year appointments begin at the irst regular meeting of the Planning and Zoning board in July. • The regular meetings of the Planning and Zoning board are normally scheduled on the fourth Tues- day of each month. Additional meetings or hearings are scheduled as needed. • Copies of the agenda and any related documents shall be delivered to each planning commission member no less than ive working days prior to a public hearing and regular meeting. Article 15: Conduct of the Members of the Planning Commission • Members of the planning commission shall take such time as to prepare themselves for hearings and meetings. • Any member of the planning commission absent from three consecutive regular meetings or any six regular meetings within a calendar year, without being excused by the Chairperson, may be re- moved for cause. • A planning commission member with a conlict of interest in an item before the commission must state that a conlict of interest exists and withdraw from participation in the public hearing, working session, emergency meeting, or regular meeting on that item. • The interests of that planning commission member may be represented before the planning com- mission by a speciically designated representative or legal agent at the public hearing or working session, and testimony entered into the public record. • Participation of a planning commission member with a conlict of interest is cause for removal. Article 16: Conduct of Persons Before the Planning Commission • During all public hearings and working sessions, members of the public shall be given equitable opportunity to speak. Comments should be addressed to the item before the planning commission. Where a comment is irrelevant, inlammatory, or prejudicial, the chairperson may instruct the planning commission to “disregard” the comment, which nevertheless may, at the discretion of the board, remain in the public record. 2023 P&Z Page 56 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 70 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT • During all regular and emergency meetings of the planning commission, the public may be present but shall remain silent unless speciically invited by the chairperson to provide comment. • During all planning commission proceedings, members of the public have the obligation to remain in civil order. Any conduct which interferes with the equitable rights of another to provide comment or which interferes with the proper execution of commission affairs may be ruled by the chairperson as “out-of-order” and the offending person directed to remain silent. Once having been so directed, if a person persists in disruptive conduct, the chairperson may entertain a motion to “eject” the per- son from the planning commission hearing or meeting. Where the person fails to comply with the successful motion to eject, the chairperson may then call upon civil authority to physically remove the individual from the chamber for the duration of the hearing or deliberation on that item. Article 17: Separability • Should any article of the planning commission by-laws be found to be illegal, the remaining articles shall remain in effect. Article 18: Adoption and Amendment of By-Laws • By-Law adoption or amendment shall be made following review by the legal counsel and public hearing. • The by-laws shall be adopted or amended upon a vote of a majority of the members of the planning commission. • Adoption or amendment of by-laws takes effect immediately following a successful vote. Adopted: March 2001 Amended & Approved: December 2012 2023 P&Z Page 57 of 63 2023 P&Z Page 58 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 72 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT ATTACHMENT E Used with the permission of the City of San Gabriel, Mark Gallatin, March, 2013. 2023 P&Z Page 59 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 73Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT 2023 P&Z Page 60 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 74 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT ATTACHMENT F PUBLIC SERVICE VALUES From The Institute for Local Government web site: http://www.ca-ilg.org/sites/main/iles/ile-attachments/Basics_PersOr- gEthic_WM.pdf. Site accessed June 5, 2013. Public Service Values How do core ethical values translate into action in public service? Here are examples of what values mean in practice. Trustworthiness I remember that my role is irst and foremost to serve the community. I am truthful with my colleagues, the public and others. I avoid any actions that would cause the public to question whether my decisions are based on personal interests instead of the public’s interests. I do not accept gifts or other special considerations because of my public position. I do not knowingly use false, inaccurate or biased information to support my position. I do not use my public position for personal gain. I carefully consider any promise I make and then keep it. Fairness I make decisions based on the merits of the issues. I honor the law’s and the public’s expectation that agency policies will be applied consistently. I support the public’s right to know and promote meaningful public involvement. I support merit-based processes for the award of public employment and public contracts. I am impartial and do not favor those who either have helped me or are in a position to do so. I promote equality and treat all people equitably. I excuse myself from participating in matters when my or my family’s inancial interests may be affected by my agency’s actions. I credit others’ contributions in moving our community’s interests forward. I maintain consistent standards, but am sensitive to the need for compromise, creativity and improving existing paradigms. Responsibility I work to improve the quality of life in the community and promote the best interests of the public. I promote the eficient use of agency resources. I do not use agency resources for personal or political beneit. I represent the oficial positions of the agency to the best of my ability when authorized to do so. I explicitly state that my personal opinions do not represent the agency’s position and do not allow the 2023 P&Z Page 61 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 75Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT inference that they do. I take responsibility for my own actions, even when it is uncomfortable to do so. I do not use information that I acquire in my public capacity for personal advantage. I do not promise that which I have reason to believe is unrealistic. I disclose suspected instances of impropriety to the appropriate authorities, but I never make false charges or charges for political or professional advantage. I do not disclose conidential information without proper legal authorization. I am proactive and innovative when setting goals and considering policies. I consider the broader regional and statewide implications of the agency’s decisions and issues. I promote intelligent innovation to move forward the agency’s policies and services. Respect I treat everyone with courtesy and respect, even when we disagree. I focus on the merits in discussions, not personality traits or other issues that might distract me from focusing on what is best for the community. I gain value from diverse opinions and build consensus. I follow through on commitments, keep others informed, and provide timely responses. I am approachable and open-minded, and I convey this to others. I listen carefully and ask questions that add value to discussions. I involve all appropriate stakeholders in meetings affecting agency decisions. I come to meetings and I come to them prepared. I work to improve the quality of life in my community. Compassion I realize that some people are sometimes intimidated by the public process and try to make their inter- actions as stress-free as possible. I convey the agency’s care for and commitment to its community members. I am attuned to, and care about, the needs and concerns of the public, oficials, and staff. I recognize a responsibility to society’s less fortunate. I consider appropriate exceptions to policies when there are unintended consequences or undue bur- dens. Loyalty I safeguard conidential information. I avoid employment, contracts and other inancial, political and personal interests that can conlict with my public duties. I prioritize competing issues based on objective beneits and burdens to the public interest, not to my- self, my family, friends or business associates. I don’t oppose inal decisions once they have been made by the decision makers, except through inter- 2023 P&Z Page 62 of 63 American Planning Association Texas Chapter A Guide to Urban Planning in Texas Communities 2013 76 Chapter 2: Ethics and the Planning Commissioner, ATTACHMENT nal lines of communication. I put loyalty to the public’s interests above personal, professional and political loyalties. 2023 P&Z Page 63 of 63 2024 - ZONING, PLAN, AND PLAT SUBMITTAL CALENDAR All dates are tentative and may be adjusted for holidays, meeting cancellations, etc. *No later than 11:00 A.M. on the submittal day. **Corrected plans MUST be returned to Planning by 11:00 A.M. *** Annexations, Zoning Cases, and Residential Replats go to the second Council meeting to meet state required public notices. ENGINEERING CONCEPTUAL CIVILS / FULL CIVILS *PLANNING SUBMITTAL DATE 1ST REVIEW MEETING (STAFF) STAFF COMMENTS AVAILABLE **CORRECTED PLANS RETURNED P&Z DATE ZONING & RESIDENTIAL REPLAT PUBLIC HEARING NOTICES (STAFF) ***CITY COUNCIL DATE Due the 4th Thursday of every month 1st Wednesday following a regularly scheduled P&Z meeting 2nd Monday after submittal 3rd Monday after submittal 1st Monday of the month 18 days prior to CC Date (15 days Required) 2nd & 4th Tuesday of the month Nov 29, 2023 Dec 06, 2023 12/15/23 12/18/23 12/22/23 (Friday) 01/02/24 (Tuesday) - 01/05/24 01/09/24 01/23/24 Dec 28, 2023 Jan 08, 2024 (Monday) 01/12/24 01/16/24 (Tuesday) 01/22/24 02/05/24 - 02/09/24 02/13/24 02/27/24 Jan 25, 2024 Feb 07, 2024 02/16/24 02/20/24 (Tuesday) 02/26/24 03/04/24 - 03/08/24 03/12/24 03/26/24 Feb 22, 2024 Mar 06, 2024 03/15/24 03/18/24 03/25/24 04/01/24 - 04/05/24 04/09/24 04/23/24 March 28, 2024 Apr 08, 2024 (Monday) 04/12/24 04/15/24 04/22/24 05/06/24 - 05/10/24 05/14/24 05/28/24 April 25, 2024 May 08, 2024 05/17/24 05/20/24 05/28/24 06/03/24 - 06/07/24 06/11/24 06/25/24 May 23, 2024 Jun 05, 2024 06/14/24 06/17/24 06/24/24 07/01/24 - 07/05/24 07/09/24 07/23/24 Jun 27, 2024 Jul 08, 2024 (Monday) 07/12/24 07/15/24 07/22/24 08/05/24 - 08/09/24 08/13/24 08/27/24 Jul 25, 2024 Aug 07, 2024 08/16/24 08/19/24 08/26/24 09/04/24 (Wednesday) - 09/06/24 09/10/24 09/24/24 Aug 22, 2024 Sep 09, 2024 (Monday) 09/13/24 09/16/24 09/23/24 10/07/24 - 10/04/24 10/08/24 10/22/24 Sept 26, 2024 Oct 09, 2024 10/18/24 10/21/24 10/28/24 11/04/24 11/22/24 11/12/24 12/10/24 Oct 24, 2024 Nov 06, 2024 11/15/24 11/18/24 11/25/24 12/02/24 - 12/27/24 12/10/24 01/14/25 Nov 27, 2024 (Wednesday) Dec 09, 2024 (Monday) 12/13/24 12/16/24 12/23/24 01/06/25 - 01/10/25 01/14/25 01/28/25 Item No. 9. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action to approve minutes of the June 5, 2023 Planning & Zoning Commission Meeting. SUMMARY: Minutes from the June 5, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. STAFF RECOMMENDATIONS: . ATTACHMENTS: 1. 06-05-2023 PZ Minutes Page 1 of 6 MINUTES PLANNING AND ZONING COMMISSION June 5, 2023 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on June 5, 2023, at the Municipal Complex located at 120 W. 7th Street, to consider the following items. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:00 p.m. Commissioners present were Kelly Patterson-Herndon, Jessica Walden, Douglas Hermann, Michelle Clemens, David Nylec, Matt Blanscett, and Staci Martin. Staff present were Ross Altobelli, Lauren Mecke, Salena Tittle, and City Engineer, Wes Lawson. Councilman Kevin Toten and Councilman Elden Baker were also in attendance. 2. Invocation and Pledge of Allegiance Commissioner Blanscett gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. There were no speakers. 4. Location Map Consent Items Commissioner Walden made a request to pull Consent Items 6 & 7 for further discussion. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Hermann to recommend approval of consent items 5 & 8-10. The vote was unanimous. 5. Consider/Discuss/Action to approve minutes of the May 1, 2023, Planning & Zoning Commission Meeting. 6. Consider/Discuss/Action on the Anna Station, Block A, Lot 1, Final Plat. Applicant: ONM Living. 7. Consider/Discuss/Action on the Anna Station, Block A, Lot 1, Site Plan. Applicant: ONM Living. 8. Consider/Discuss/Action on the Arden Park Phase 2, Final Plat. Applicant: Arden Park Owner TX, LLC, a Delaware Limited Liability Company. 9. Consider/Discuss/Action on the Arden Park Phase 2, Site Plan. Applicant: Arden Park Owner TX, LLC, a Delaware Limited Liability Company. Page 2 of 6 10. Consider/Discuss/Action on the Prose Town Square, Block A, Lot 1, Final Plat. Applicant: 615 Foster Crossing Investments, LLC. Regarding Item 6, Commissioner Walden asked staff to clarify what the 15-foot drainage easement was for that is shown on the plat to be on the eastern property boundary line. Ms. Mecke advised that Mr. Lawson, City Engineer, would be best suited to answer the question. Mr. Lawson explained that the drainage easement is for the existing subdivision to the east. Commissioner Walden explained that her concern was that the Site Plan is showing a building to be built on that 15-foot easement. Ms. Mecke advised that as part of staff’s process, the Final Plat and Site Plan are approved prior to the Engineering Civils being approved. Ms. Mecke also explained that this is the reason why the plats and site plans are recommended for approval subject to the engineering civil drawings being approved. Chairwoman Patterson-Herndon asked if it was possible, it could be a lot-to-lot drainage easement as well. Ms. Mecke explained it could be possible if that is what is needed for drainage. She also advised that the applicant was present and able to answer any questions. Mr. Rob McClain, with ONM Living, explained that during the comment phase of the civil drawings, they were asked to discharge partial detention from the north side into the existing drainage easement so all of it was not going into the pond. Mr. McClain also advised that the easement will be going between the buildings and reassured that no buildings will be on top of the easement. Regarding Item 7, Commissioner Walden explained that the applicant, on the plan, is referencing the neighboring subdivision plat and on that plat it calls out a flood plain. Commissioner Walden asked if staff was aware of the applicant’s property also being located in a flood plain. Ms. Mecke explained that the neighboring subdivision had to alter where the flood plain was located on their property, before construction of the homes. However, there is no flood plain on this applicant’s property. A motion was made by Commissioner Walden, seconded by Commissioner Martin to recommend approval of consent items 6 & 7. The vote was unanimous. Items for Individual Consideration 11. Consider/Discuss/Action on calling a public hearing to amend Article 9.07 Tree Preservation. Mr. Altobelli introduced the item. City staff is requesting that the Planning & Zoning Commission call a public hearing to allow Planning staff to present amendments at the next Planning & Zoning Commission meeting on July 6, 2023. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Clemens to call a public hearing. The vote was unanimous. Page 3 of 6 12. Consider/Discuss/Action on the White Rock Subdivision, Block A, Lots 1-5. Final Plat. Ms. Mecke introduced the item. The applicant is requesting approval of a Final Plat with several variances to the requirements listed within the city’s Subdivision Regulations. Ms. Mecke listed the following issues: • The Final Plat does not dedicate street right-of-way. • The property does not had adequate frontage on a proposed or existing street. • The applicant has failed to provide evidence that 4 of the 5 proposed lots can each support a septic system. Ms. Mecke also advised the Commission that the city’s Fire Department has determined that there are impediments to public safety access and maneuverability. Commissioner Nylec asked staff to clarify that there will be an issue with fire and the fire trucks if approved as the applicant has shown on the plat. Ms. Mecke explained that the Fire Chief had provided a letter which explained his concern regarding fire trucks accessing these properties. Commissioner Hermann asked if this request was for annexation and approval of the plat. Ms. Mecke advised no. This was just a request for approval of a Final Plat but the property will remain in the ETJ. A motion was made by Commissioner Walden to deny the applicants request for approval due to the Final Plat not meeting the regulations set forth in Sec. 9.02.081, 9.02.087, and 9.02.090 of the Subdivision Regulations. The motion was seconded by Commissioner Nylec. The vote was unanimous. 13. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street from C-2 General Commercial to allow for the use of Self-Storage, mini-warehouse with modified development standards. Mr. Altobelli advised the Commission that the applicant has requested that the public hearing be tabled and held open until the Thursday, July 6, 2023 Planning & Zoning Commission meeting while they continue to work through staff’s comments and work with the neighboring property owners. The Public Hearing was opened at 7:20 p.m. A motion was made by Chairwoman Patterson-Herndon to table and hold open the public hearing until the Thursday, July 6, 2023 Planning & Zoning Commission meeting. The motion was seconded by Commissioner Blanscett. The vote was unanimous. 14. Consider/Discuss/Action on the Anna Retail Addition, Block A, Lot 9. Concept Plan. Mr. Altobelli advised that this item was contingent on the zoning request and that it is recommended that the Commission take no action at this time. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Martin to take no action on the applicants request for approval of the Concept Plan. The vote was unanimous. Page 4 of 6 15. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone 2.4± acres located on the north side of W. White Street, 635± feet east of Ferguson Parkway from Planned Development (Ord. No. 709-2015), SF-E Single-Family Residential – Large Lot, & Planned Development (Ord. No. 673-2014) to C-1 Restricted Commercial to allow for an office, retail, and restaurant development. Mrs. Tittle introduced the item. The applicant is requesting to rezone three tracts of land to C-1 Restricted Commercial zoning in order to allow for commercial uses. Commissioner Hermann advised that the request was pretty straight forward and referenced the houses that were, at one time, on the specific tracts of land. Mrs. Tittle explained that one parcel was originally part of the neighboring subdivision, the second parcel had trees and debris that has since been cleaned up, and the third parcel was just a vacant tract. The applicant owns all three and will eventually be platting into one for the commercial development. The Public Hearing was opened at 7:24 p.m. The Public Hearing closed at 7:25 p.m. Commissioner Nylec asked if the existing building next door was the oil change business. Mrs. Tittle responded yes. A motion was made by Commissioner Walden, seconded by Commissioner Nylec to recommend approval of the zoning request. The vote was unanimous. 16. Consider/Discuss/Action on The Shops at Avery Pointe, Block A, Lot 1. Concept Plan. Mrs. Tittle introduced the item. The applicant is requesting approval of the Concept Plan associated with the zoning request, Item 15. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Martin to recommend approval of the Concept Plan. The vote was unanimous. 17. Conduct a Public Hearing/Consider/Discuss/Action on a request to establish zoning on 54.9± acres located at the northeast corner of U.S. Highway 75 and Collin County Outer Loop Road to Planned Development to allow for a multiple-family residence, community center, private, and hotel development with modified development standards. Ms. Mecke introduced the item. The applicant is requesting to establish zoning that would allow for a multifamily residence, private community center, and hotel development. Commissioner Walden asked if a dam breach analysis had been performed. Ms. Mecke advised that the applicant can answer that question during the public hearing. The Public Hearing was opened at 7:31 p.m. Mr. Mathias Haubert, the applicant’s representative, gave a brief presentation regarding the request. Mr. Haubert also advised that the analysis is currently under way while they work with several entities to work the analysis. Page 5 of 6 Commissioner Walden asked for an approximation of how many individuals they were anticipating to hold in the banquet hall. Mr. Haubert replied that he was not sure how many they could hold with the specified square footage. Commissioner Walden asked if it was going to be accessible to the public as a rentable space. Mr. Haubert explained that would be the intent. Commissioner Walden asked why they were asking not to place fencing along the back property line. Mr. Haubert explained that they might have some sort of screening, but it would not be a masonry type screening but more of an ornamental fence. Commissioner Hermann asked if the alternative material for the parking of the private club would be gravel or some other type of material. Mr. Haubert explained it could be gravel or it could be grass that it only parked on once and a while. The intent is that the specific area will not be routinely used. Commissioner Walden asked if the banquet hall will have any alcohol sales. Mr. Haubert said it was too early to say whether or not they were going to offer that. Ms. Mecke advised that they still have to go through the City Secretary’s office to obtain an alcohol permit. The Public Hearing was closed at 7:43 p.m. A motion was made by Commissioner Nylec, seconded by Commissioner Hermann to recommend approval of the zoning request with the additional stipulations listed in the staff report. The vote was unanimous. 18. Consider/Discuss/Action on The Preserve, Block A, Lot 1. Concept Plan. Mrs. Mecke introduced the item. The applicant is requesting approval of the Concept Plan associated with the zoning request, Item 17. A motion was made by Commissioner Clemens, seconded by Commissioner Blanscett to recommend approval of the Concept Plan. The vote was unanimous. 19. Conduct a Public Hearing/Consider/Discuss/Action on a request to amend a Planned Development (Ord. No. 860-2020) and establish the same zoning allowances on 2.53± acres located on the east side of future N. Standridge Boulevard, 705± feet south of W. Rosamond Parkway. Ms. Mecke introduced the item. The applicant is requesting to establish zoning for two tracts of land and include it into an existing Planned Development (Ord. No. 860-2020). Ms. Mecke explained that these two tracts of land should have originally been part of the Planned Development but was missed during that request. The Public Hearing was opened at 7:47 p.m. Page 6 of 6 The Public Hearing was closed at 7:48 p.m. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Walden to recommend approval of the zoning request. The vote was unanimous. Before the close of the meeting, Chairwoman Patterson-Herndon wanted to thank Commissioner Ogan and Commissioner Wenzel for their years of service on the Planning & Zoning Commission. Adjourn A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Nylec to adjourn the meeting. The vote was unanimous. The meeting was adjourned at 7:49 p.m. ___________________________________ Chairwoman Kelly Patterson-Herndon ATTEST: _________________________________ Salena Tittle, Planner II Item No. 10. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the 455/75 Business Addition, Block A, Lot 4R, Site Plan. Applicant: Shree Anna Realty Corp. SUMMARY: Restaurant on one lot on 1.0± acre located on the west side of U.S. Highway 75, 455± feet south of W. White Street. Zoned C-2 General Commercial (C-2). The purpose of the Site Plan is to show the proposed restaurant site improvements. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. 455-75 Business Addition, Block A, Lot 4R Locator Map 2. Exhibit A - (SP) 455-75 Business Addition, Block A, Lot 4R 3. P&Z Application S CENTRAL EXPYW WHITE ST US HIGHWAY 75Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 200 400100 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - 455-75 Business Addition, Block A, Lot 4 SSSSSS SS SS SS SS SS SS SS SS SS WWW WWWW WWW WFIBER OPTIC UV ELEC. TRANSFORMER TPED FIBER OPTIC RIM=721.1' BOL BOL 40" METAL POST (BILLBOARD)EX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX SSEX SSFH LP LP LP LP 724 726725723 722 721 722 721 722 723724724724725726727728727726SS FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANE45.0'11.0'ESCAPELANE10.0' UTILITY EASEMENT U.S. HIGHWAY 75SOUTH BOUND SERVICE ROAD(VARIABLE WIDTH ROW AS SHOW ON VOL. 2022, PG. 354, P.R.C.C.T.)LOT 4, BLOCK A RETAIL/RESTAURANT 4,900 SQ. FT. 24'/1-STORY 1 ACRE (43,560 SF) AFFI ADDITION LOT 1-R-1, BLOCK A VOL. 2012, PG. 17 P.R.C.C.T. 455/75 BUSINESS ADDITION LOT 1R, BLOCK A VOL. 2022, PG. 354 P.R.C.C.T.S3°11'45"E176.64'S88°47'30"W 58.12'S1°12'30"E43.52'S88°47'30"W 153.79'N1°12'30"W220.05'N88°47'30"E 205.78' 455/75 BUSINESS ADDITION LOT 1R, BLOCK A VOL. 2022, PG. 354 P.R.C.C.T.23.7'20.4' 725 726 723 724 721 722 723 7 2 4 724 72 5 726 725726726 725 11.2'56.6'25.1' 23.5'31.9'22.0'80.1'6.6'10.0'20.0'9.0'20.0'24.0'20.0'20.0'24.0'20.0' 22.2' 2 EXISTING PARKING SPACES 4 EXISTING PARKING SPACES 13 EXISTING PARKING SPACES 3 EXISTINGPARKING SPACES52.9' 20.0'9.0'7.4'3.6'20.0' LANDSCAPE BUFFER 9.0' 9.0' 50.0' FRONT BUILDING SETBACK 10.0' REAR BLDG. SETBACK 13 EXISTING PARKING SPACES 5.0' SIDE BLDG. SETBACK 5.0' SIDE BLDG. SETBACK 101.3'11.0'DRIVE-THRULANE9 PROPOSED PARKING SPACES 7 PROPOSED PARKING SPACES 6 PROPOSEDPARKING SPACES17 PROPOSEDPARKING SPACES50.0' FRONT BUILDING SETBA C KR30'R2 5'R50'R50'R25'R49'EX. SANITARY SEWER MANHOLE EX. STORM SEWER INLET PROP. DUMPSTER ENCLOSURE (REFER TO ARCH. PLANS FOR DETAILS) CONNECT TO EX. PAVEMENT CONNECT TO EX. PAVEMENT PROP. SANITARY SEWER MANHOLE PROP. SANITARY SEWER MANHOLE EXISTING CURB LINE PROP. 2' CURB CUT PROP. FDC PROP. BFR EXISTING OVERHEAD BILLBOARD EX. 8" WATERLINE EX. 8" SS LINE ORDER BOARD PROP. 8" SS PROP. 8" SS (PRIVATE) PROP. 8" FIRE LINE PROP. 1" (IRRG.) WATER LINE PROP. 2" (DOM.) WATER LINE EX. 30" RCP STORM DRAIN EX. 24" RCP STORM DRAIN PICK UP WINDOW R 2 0 ' R 20'R2 0 'R20'R 2 0'1.8'18.8'16.5'22.0' LEGEND C3.0 FILENAME: C3.0 SITE PLAN_DDN23001.dwgPLOTTED BY: Stacey PeralesFULL PATH: K:\Jobs\DDN23001_Anna Dunkin\Drawings\02_ENGR\03 - ProductionK:\Jobs\DDN23001_Anna Dunkin\Drawings\02_ENGR\03 - Production\C3.0 SITE PLAN_DDN23001PLOTTED DATE: 6/29/2023SITE BENCHMARKS BM NO. 1 THE SITE BENCHMARK IS AN "X" CUT SET WITH BOX ON TOP OF THE BACK OF CURB AT THE NORTHWEST CORNER OF A PARKING STALL IN THE WEST LINE OF U.S. HIGHWAY 75 SOUTHBOUND SERVICE ROAD, BEING LOCATED APPROXIMATELY 680 FEET SOUTHEAST FROM THE INTERSECTION OF U.S. HIGHWAY 75 SOUTHBOUND SERVICE ROAD AND FM 455. ELEVATION =727.66' (NAD '83) BM NO. 2 THE SITE BENCHMARK IS AN "X" CUT SET WITH BOX AT THE NORTHEAST CORNER OF A CONCRETE PARKING STALL NEAR THE NORTHEAST CORNER OF THE SITE AND BEING LOCATED APPROXIMATELY 453 FEET SOUTHWEST FROM THE INTERSECTION OF US HIGHWAY 75 SOUTHBOUND SERVICE ROAD AND FM 455. ELEVATION = 723.74' (NAD '83) SHEET:REV:DATE:DESCRIPTION:DUNKIN' DONUTS455/75 BUSINESS ADDITIONLOT 4, BLOCK ACITY OF ANNACOLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: DDN23001_ANNA DUNKIN 6/29/2023 E N G I N E E R I N G P R E L I M I N A R Y F O R R E V I E W O N L Y T H E S E D O C U M E N T S A R E F O R D E S I G N R E V I E W O N L Y A N D N O T I N T E N D E D F O R T H E P U R P O S E S O F C O N S T R U C T I O N , B I D D I N G O R P E R M I T . T H E Y W E R E P R E P A R E D B Y, OR UND ER T H E S UPE R VIS IO N OF : P.E.# 138653 SHAWN T. WALDO DATE: June 29, 2023 PRESTIGE DEVELOPMENT SOLUTIONS 5115 SHORELINE DRIVE FRISCO, TEXAS 75034 PHONE: (626) 712 - 5754 SITE PLAN DATA TABLE EXISTING ZONING C-2 PROPOSED ZONING C-2 LOT AREA (SF) / (ACRES)43560 / 1.00 TOTAL BUILDING AREA (SF)4,900 BUILDING HEIGHT 24'-0" (1 STORY) BUILDING LOT COVERAGE (%) / FLOOR AREA RATIO 11.2% / 0.112:1 SITE PLAN 455/75 BUSINESS ADDITION LOT 4, BLOCK A 1.00 ACRE/ 43,560 SF (VOL. 2022, PG 354 P.R.C.C.T.) CITY OF ANNA, COLLIN COUNTY, TEXAS PREPARATION DATE: 06/07/2023 OWNER/APPLICANT PRESTIGE DEVELOPMENT SOLUTIONS 5115 SHORELINE DRIVE FRISCO, TEXAS 75034 PH: (626) 712 - 5754 CONTACT:ANDREW J. ACEDO LANDSCAPE ARCHITECT LONDON LANDSCAPES P.O. BOX 28 COLLINSVILLE, TEXAS 76233 PH: 972-800-6676 CONTACT: AMY LONDON, RLA ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: SHAWN WALDO, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS WATER METER SCHEDULE SYMBOL QUANTITY DESCRIPTION 1 1 PROPOSED 2" METER (DOMESTIC) 2 1 PROPOSED 1" METER (IRRIGATION) SITE PLAN NOTE TO CONTRACTOR THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION. GRAPHIC SCALE FEET04020 SCALE: 1" = 20' LAYOUT & DIMENSIONAL CONTROL NOTES: 1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS. 2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING DIMENSIONS SHOWN ARE TO FACE OF CURB. 3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL BE 3' AT FACE OF CURB. 4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND COORDINATES PRIOR TO CONSTRUCTION. 6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. 7.REFER TO SHEET(S) C10.0 FOR SITE DETAILS. PARKING DATA TABLE RETAIL PARKING REQUIREMENT 4 SPACE PER 1,000 SF RESTAURANT PARKING REQUIREMENT 10 SPACE PER 1,000 SF PORTION OF BUILDING RETAIL 63% /4,900 SF PORTION OF BUILDING RESTAURANT 37% /4,900 SF RETAIL PARKING SPACES REQUIRED 13 SPACES RESTAURANT PARKING SPACES REQUIRED 18 SPACES TOTAL PARKING SPACES REQUIRED 31 SPACES TOTAL PARKING SPACES PROVIDED 39 SPACES REQUIRED ADA PARKING 2 SPACES (1 VAN) PROVIDED ADA PARKING 2 SPACES (1 VAN) Know what's below. before you dig.Call R PROPOSED FIRE LANE STRIPING PROPOSED SANITARY SEWER PROPOSED WATER LINE PROPOSED SANITARY MANHOLE PROPOSED WATER METER PROPOSED FDC PROPOSED FIRELANE PROPERTY BOUNDARY SS SS 2 LANDSCAPE AREA (INCLUDING TURF AREAS) REQUIRED INTERNAL LANDSCAPE AREA (SQUARE FEET- 8 SF PER PARKING SPACE)336 SF ADDITIONAL INTERIOR LANDSCAPE AREA PROVIDED (SQUARE FEET)8,364 SF TOTAL LANDSCAPE AREA (SF)8,700 SF VICINITY MAP N.T.S. PROJECT SITE 75 75 455 455 CENTRAL EXPYCENTRAL EXPYFIRELANE W 1 Item No. 11. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Arden Park Phase 1, Block C, Lot 1X, Site Plan. Applicant: Arden Park Owner TX LLC, a Delaware Limited Liability Company. SUMMARY: Amenity center on one lot on 0.4± acre located at the southeast and southwest corner of Hudson Way and West Crossing Boulevard, 445± feet south of W. White Street. Zoned: Planned Development (Ord. No. 961-2022 & Ord. No. 1009-2022). The purpose of the Site Plan is to show the proposed amenity center site improvements. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Arden Park Phase 1, Block C, Lot 1X Locator Map 2. Exhibit A - (SP) Arden Park Phase 1, Block C, Lot 1X 3. P&Z Application BUFFALOBILL DRWESTGATE CT W WHITE STWEST CROSSINGBLVD SWILLOWCREEKDRWESTFIELD DRBENS DRSLATERCREEKRDCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 200 400100 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - Arden Park Phase 1, Block C, Lot 1X Covered Patio 12'-0"x20'-0" Gym 33'-0"x16'-8" Yoga space 13'-6"x16'-8" Leasing Area 10'-1"x16'-8" Office 10'-0"x14'-0" Flex room 20'-3"x15'-8" Storage 6'-8"x15'-8" Mechanical Closet 6'-8"x4'-6" Women's Restroom 19'-0"x10'-0" Men's Restroom 19'-0"x10'-0" Common Room 27'-2"x21'-2" Mailbox 12'-0"x20'-0" Covered Porch 7'-0"x20'-0" Lawn 24'-0"x16'-9" Ramp LOT 5, BLOCK C LOT 6, BLOCK C LOT 19, BLOCK C LOT 20, BLOCK C SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 (DBA, G&A McAdams) 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc. ARDEN PARK PHASE 1 AMENITY CENTER Item No. 12. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Arden Park Phase 2, Final Plat. Applicant: Arden Park Owner TX, LLC, a Delaware Limited Liability Company. SUMMARY: 24 Single-family dwelling, attached lots and 31 single-family dwelling, detached lots on 7.5± acres located on the west side of West Crossing Boulevard, 330± feet south of W. White Street. Zoned: Planned Development (Ord. No. 961-2022 & Ord. No. 1009-2022). The purpose of the Final Plat is to dedicate rights-of-way, easements and lot and block boundaries necessary for the single-family residential development. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Arden Park Phase 2 Final Plat Locator Map 2. Exhibit A - (FP) Arden Park Phase 2 3. P&Z Application MIMOSA DRSHERWOOD DRCEDARCREEKDRBAMBOO DR W WHITE ST SLATERCREEKRDBUFFALO BILL DRBUTCHCASSIDY DRSTONERIDGEDRDURHAM DR BROOKVIEWCTDOGWOOD DRSFERGUSONPKWYBRIDGEPORT DR WESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRALDER DR BRENTFIELD DR WESTFIELD DRDOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRWESTCROSSINGBLVDSCopyright nearmap 2015 City Limits ETJ Subject Property ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Final Plat - Arden Park, Phase 2 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.L E G E N DLUX2021310780FINAL PLATARDEN PARKPROJECTSITE 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.LUX2021310780“”“” PROJECTSITEFINAL PLATARDEN PARK Owner Authorization and Representative THE CITY Of. ______ D_e_si...._gn_a_ti_on _____ ...,.J\Illla Property Description Subdivision: Arden Park -Phase II Zoning Classification(s): �S=F_&�T�H�------ Location: 1029 West White Street. Anna Texas Total Number of Acres: 7.404_ __ _ Total Number of Lots: 31 SF-Z, 24 SF-TH 1 Property Owner Information & Authorization Name/Company: Arden Park Owner TX LLC Address: 12801 N Centr al Expressway, St e 1675 City: Dallas State: Texas Zip Code:.,_7""'5,,,_24.,_,3"--------- Phone: 469.936.1691 Email: anuss@bridgetowerhome.com Project Representation (check one): D I will represent the application myself; OR 121 I hereby designate McAdams/ Josh Barton (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request of the City of Anna. Property Owner's Signature: ____ e-..__· ___ C,----=-------- STATE OF: 7EXA S COUNTY OF: ·�AJ....Lf\ s Date: 3-7 -2.02-3 BEFORE ME, a Notary Public, on this day personally appeared Ci-< l) � t-J I HJ'fHJQ (printed property owner's name) the above signed, who, under oath, stated the following: "I he�eby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." -i"Vi SUBSCRIBED AND SWORN TO before me, this the __ 1 __ ELSPETH MURPHY Notiry ID lf12-4028943 My Commission Expir�s Octob�r 29, 2025 Project Representative lntormation (complete if designated by owner) 121 Engineer D Purchaser D Tenant D Preparer D Other (specify): ______________ _ Name: Josh Barton Company:_,M.,_,,.,A"""""'-'-""--------------------------------- Address: 111 Hillside Drive City: Lewisville Phone: 469,312.0494 State: Texas Zip Code:�7"-"5'""0""5""7 _______ _ Email: ibarton@mcadamsco.com Development Services 120 W Seventh Street • Anna, TX 75049 • 972.924.2616 • www.annatexas.gov Item No. 13. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Arden Park Phase 2, Site Plan. Applicant: Arden Park Owner TX, LLC, a Delaware Limited Liability Company. SUMMARY: 24 Single-family dwelling, attached lots, 31 single-family dwelling, detached lots on 7.5± acres located on the west side of West Crossing Boulevard, 330± feet south of W. White Street. Zoned: Planned Development (Ord. No. 961-2022 & Ord. No. 1009-2022). The purpose of the Site Plan is to show the proposed single-family residential development site improvements. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Arden Park Phase 2 Site Plan Locator Map 2. Exhibit A - (SP) Arden Park Phase 2 3. P&Z Application MIMOSA DRSHERWOOD DRCEDARCREEKDRBAMBOO DR W WHITE ST SLATERCREEKRDBUFFALO BILL DRBUTCHCASSIDY DRSTONERIDGEDRDURHAM DR BROOKVIEWCTDOGWOOD DRSFERGUSONPKWYBRIDGEPORT DR WESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRALDER DR BRENTFIELD DR WESTFIELD DRDOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRWESTCROSSINGBLVDSCopyright nearmap 2015 City Limits ETJ Subject Property ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Site Plan - Arden Park, Phase 2 TRACT 1 TRACT 2TRACT 1TRACT 1TRACT 2TRACT 2TRACT 1TRACT 2West White StreetSlater Creek Road - Private Road Ben's Drive Westfield Drive Hazels Drive W. Crossing Blvd. SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc. ARDEN PARK PHASE 2 L E G E N D Owner Authorization and Representative THE CITY Of. ______ D_e_si...._gn_a_ti_on _____ ...,.J\Illla Property Description Subdivision: Arden Park -Phase II Zoning Classification(s): �S=F_&�T�H�------ Location: 1029 West White Street. Anna Texas Total Number of Acres: 7.404_ __ _ Total Number of Lots: 31 SF-Z, 24 SF-TH 1 Property Owner Information & Authorization Name/Company: Arden Park Owner TX LLC Address: 12801 N Centr al Expressway, St e 1675 City: Dallas State: Texas Zip Code:.,_7""'5,,,_24.,_,3"--------- Phone: 469.936.1691 Email: anuss@bridgetowerhome.com Project Representation (check one): D I will represent the application myself; OR 121 I hereby designate McAdams/ Josh Barton (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request of the City of Anna. Property Owner's Signature: ____ e-..__· ___ C,----=-------- STATE OF: 7EXA S COUNTY OF: ·�AJ....Lf\ s Date: 3-7 -2.02-3 BEFORE ME, a Notary Public, on this day personally appeared Ci-< l) � t-J I HJ'fHJQ (printed property owner's name) the above signed, who, under oath, stated the following: "I he�eby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." -i"Vi SUBSCRIBED AND SWORN TO before me, this the __ 1 __ ELSPETH MURPHY Notiry ID lf12-4028943 My Commission Expir�s Octob�r 29, 2025 Project Representative lntormation (complete if designated by owner) 121 Engineer D Purchaser D Tenant D Preparer D Other (specify): ______________ _ Name: Josh Barton Company:_,M.,_,,.,A"""""'-'-""--------------------------------- Address: 111 Hillside Drive City: Lewisville Phone: 469,312.0494 State: Texas Zip Code:�7"-"5'""0""5""7 _______ _ Email: ibarton@mcadamsco.com Development Services 120 W Seventh Street • Anna, TX 75049 • 972.924.2616 • www.annatexas.gov Item No. 14. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Gateway at Buddy Hayes, Block A, Lot 2R, Replat. Applicant: Jeff Williams / Anna Southgate, LLC. SUMMARY: Multiple-family residences on one lot on 13.2± acres located on the west side of Buddy Hayes Boulevard, 1,220± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose for the Replat is to dedicate easements and lot and block boundaries necessary for the creation of a multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Replat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block A, Lot 2R Replat Locator Map 2. Exhibit A - (RP) Gateway at Buddy Hayes, Block A, Lot 2R 3. P&Z Application COTTONWOODTRLMULBERRY DR S P R U C E S T CEDAR TRL W WHITE ST CYPRESS WAY SABLE WOOD DR MAPLE WOOD TRLS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PER SIM M ONDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet June 2023 H:\Notification Maps\Notification Maps\ Replat - Gateway at Buddy Hayes, Block A, Lot 2 Item No. 15. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Gateway at Buddy Hayes, Block A, Lot 2R, Site Pan. Applicant: Jeff Williams / Anna Southgate, LLC. SUMMARY: Multiple-family residences on one lot on 13.2± acres located on the west side of Buddy Hayes Boulevard, 1,200± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose of the Site Plan is to show the proposed multiple-family residential development site improvements. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block A, Lot 2R Site Plan Locator Map 2. Exhibit A - (SP) Gateway at Buddy Hayes, Block A, Lot 2R 3. P&Z Application COTTONWOODTRLMULBERRY DR S P R U C E S T CEDAR TRL W WHITE ST CYPRESS WAY SABLE WOOD DR MAPLE WOOD TRLS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PER SIM M ONDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - Gateway at Buddy Hayes, Block A, Lot 2 FLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLF L F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLSTAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFL FL BLDG. TYP. C OPEN SPACE OPEN SPACE EVENT AREA OPEN SPACE DOG PARK OPEN SPACE BLDG. TYP. B BLDG. TYP. A BLDG. TYP. C BLDG. TYP. A BLDG. TYP. A BLDG. TYP. A BLD G. TYP. B BLD G. TYP. C BLDG.TYP. AOPEN SPACE FLFLFL FLPOOL AREA FLF L OPEN SPACE LEASI N G OFFI CE SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSW W W W W W W W W W W W W W WWWWWWWW W WW WWWWWWWWWWWWWWWWWWWWWWWWWWW2 2 2 2 2 2 2 2 2 2 2 1 2 3 4 5 6 7 8 9 10 11 LOT 2R, BLOCK A 575,055 SQUARE FEET 13.201 ACRES 10' P E D E S T RI A N E A S E M E N T 1 5 ' S A N I T A R Y S EW E REASEMENT55' QUASI-PUBLIC STREET ACCESS & UTILITY EASEMENT W/ 24' FIRE LANE 0'-3' SIDE YARD (INTERIOR) SETBACK (PER ZONING) 15' SIDE YARD SETBACK (PER ZONING) 25' REAR YARD SETBACK (PER ZONING) 25' F R O N T Y A R D S E T B A C K (PER Z O NI N G) LS LS LS LS LS 25' REAR YARD SETBACK 25' D R A I N A G E & U T I L I T Y E A S E M E N T 20' X 20' DRAINAGE EASEMENT (BY THIS PLAT) 20' DRAINAGE EASEMENT (BY THIS PLAT)25' FRONT YARD SETBACK(PER ZONING)(80' R. O. W.) EX W EX WEX WEX WEX WEX WEX WEX WEX W EX W EX WEX WEX WEX WEX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W E X W E X W EX W EX W EX SSEX SSEX SSEX SSEX SSE X S S E X S S E X S S FH WM WM WM WM WM WM WM WM FH FH FH WM WM FH FH FH SSMHSSMHSSMH SSM H SSMH SSMH SSMH SSMHR20.0'R20.0'R 2 0 .0 'R20.0'R46.0' R 2 0 . 0 'R20.0 'R 20.0' R 387.0'R20.0'R 2 0 .0' R20.0 ' R 2 0 .0' R20.0 ' R 2 0.0'R 2 0 .0' R 3 0.0' R 2 0 .0' R 41 3 .0'R20.0'R 2 0 .0' R30.0' R 2 0 .0 'R413.0'R20.0'R 3 0.0'R20 .0' R30.0 ' WM SSM H 3 2 1 2 4 1 2 1 1 6 2 2 5 6 18.0 'TYP. 9.0' TYP. 6 6 6 6 6 6 6 6 6 6 66 6 666 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 2 2 5 5 2 2 2 2 2 2 2 2 2 2 2 2 2 11 1 1 1 1 1 1 1 1 4 1 2 1 16 2 3 3 3 3 3 2 3 5 665 5 5 5 4 4 3 1 1 1 1 1 5 4 3 4 10 4 6 1 1 4 101010101010 4 1 1 1 1 4 4 4 4 4 1 1 1 18.0' TYP. 18.0' TYP.9.0'TYP.9.0'TYP.18.0' TYP.9.0'TYP.9.0' TYP.18.0'TYP.9.0' TYP.18.0'TYP.9. 0 ' TY P .18.0'TYP.18.0 'TYP. 9.0' TYP. 18.0' TYP.9.0'TYP.18.0' TYP.9.0'TYP.GI JB JB GI GI GI GI GI JB YI GI CI CI YI GI JB GI 8 7 6 4 3 2 1 5 11 10 9 1 8 " S TO RM 24" S T O R M 24" S T O R M (CONCRETE PAVEMENT)(CONCRETE PAVEMENT)(CONCRETE PAVEMENT)(CONCRETE PAVEMENT) (CONCRETE PAVEMENT)(CONCRETE PAVEMENT)( CO N C R E T E P A V EM E N T ) 30" STORM24" STORM 30" STORM JB 5' SW5' SW5' SW 5' SW 5' S W 5' S W 5' SW 5' SW 5' SW5' SW5' SW5' SW 5' SW 5' SW5' SW 5' SW 5' SW 5' SW5' SW5' SW5' SW5' SW5' SW 5' SW 5' SW5' SW5' SW5' SW5' SW 5' SW5' SW 5' SW25.0 '25.0 '25.2 ' 2 5 . 2 ' 2 7 . 1 ' 25.2' 25.5' 35.6'28.0'25.0'27.5' 27.5' 27.5' 27.5' 27.5'25.0'27.5' 29. 7 '18.0'1 8 " S TO RM 8" W 18" STORM8" W8" W8" W 8" SS 8" W 8" SS8" SS8" W8" W8" W3 6 " S TO RM 8 " W8" W8" SS8" W 8" W8" SS8" W18" STORM36" STORM18" STORM14.7'14.9'24.0' 26' F. A. U. E.26' F.A.U.E.26' F.A.U.E.26' F.A.U.E. 26' F.A.U.E. 26' F . A . U . E . 26' F.A.U.E.26' F.A.U.E.26' F.A . U . E .26' F.A.U.E.3 0 ' F . A . U . E .26' F.A.U.E.26' F.A.U.E.26' F.A.U.E.26' F.A.U.E. CARPORT (TYP.) CARPORTS (TYP.) CARPORT (TYP.) CARPORT (TYP.) CARPORT (TYP.) CARPORT (TYP.) CARPORT (TYP.) 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. PR WALL PR WALL STAIRS STAIRS STAIRS STAIRS SHADE STRUCTURE W/GRILL SHADE STRUCTURE W/GRILL VISIBILITY, ACCESS, AND MAINTENANCE EASEMENT VISIBILITY, ACCESS, AND MAINTENANCE EASEMENT 5' SW 5' SW 5' SW5' SWVEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX PROPOSED CALL BOX A/C CONDENSER UNITS (TYP.) 1 22 1 1 1 1 A/C CONDENSER UNITS (TYP.) A/C CONDENSER UNITS (TYP.) 1 INCH = 0 20 40 40 FEET 40 SITE PLANSP.11" = 40'SITE PLAN GATEWAY AT BUDDY HAYES BLOCKA, LOT 2R 13.201 ACRES / 575,055 SF ABS 782 THOMAS RATTON SURVEY CITY OF ANNA, COLLIN COUNTY, TEXAS June 2023FLFLFLFL //////// D.E.DRAINAGE EASEMENT LEGEND PROP. GRATE INLET PROP. JUNCTION BOX CURB INLET PROP. FIRE HYDRANTFH GI JB CI PROP. LIGHT POLE 1-FIXTURE PROP. LIGHT POLE 2-FIXTURES FDC PROP. FIRE DEPT. CONNECTION DCO PROP. SEWER DOUBLE CLEANOUT CO PROP. SEWER SINGLE CLEANOUT SSMH PROP. SEWER MANHOLE PROP. WATER METER AND VAULT WV PROP. WATER METERWM PROP. WATER VALVE BOUNDARY LINE RIGHT-OF-WAY LINE EASEMENT LINE SURFACE PARKING COUNT PROP. FIRE LANE ACCESSIBLE CROSSWALK PROP. ACCESSIBLE ROUTE BARRIER FREE RAMP (ADA RAMP) LS LS BFR U.E.UTILITY EASEMENT F.A.U.E.FIRE LANE, ACCESS, & UTILITY EASEMENT SETBACK/ BUILDING LINE SITE TRIANGLE CHAIN LINK FENCE PROPERTY LINE ORNAMENTAL FENCE WOOD FENCE EXISTING CONTOUR133 SIDE WALKSW CARPORT PARKING COUNT GENERAL NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL WORK, UNLESS OTHERWISE NOTED, SHALL CONFORM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ISSUED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT, AND CITY STANDARD CONSTRUCTION SPECIFICATIONS. 3.PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL BE FAMILIAR WITH THE PLANS INCLUDING ALL NOTES, THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS, AND ANY OTHER APPLICABLE STANDARD AND SPECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILURE ON THE PART OF THE CONTRACTOR TO BE FAMILIAR WITH ALL STANDARDS AND SPECIFICATION PERTAINING TO THIS WORK SHALL IN WAY RELIEVE THE CONTRACTOR OF RESPONSIBILITY OF PERFORMING THE WORK IN ACCORDANCE WITH ALL SUCH APPLICABLE STANDARDS AND SPECIFICATIONS. 4.THE HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING SUBSURFACE UTILITIES HAVE BEEN DETERMINED BY DATA RECORDED BY OTHERS. CONTRACTOR SHALL VERIFY THAT NECESSARY CROSSING CLEARANCES BETWEEN EXISTING AND PROPOSED UTILITIES EXIST PRIOR TO CONSTRUCTION OF ANY SUCH CROSSING. IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL UTILITIES IN THE CONSTRUCTION OF THE PROJECT. CONTRACTOR TO VERIFY SIZE AND LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. 5.IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL MANHOLES, CLEANOUTS, VALVE BOXES, FIRE HYDRANTS, ETC… THEY MUST BE ADJUSTED TO PROPER LINE AND GRADE BY THE CONTRACTOR PRIOR TO AND AFTER PLACING OF PERMANENT PAVEMENT AND GRADING. UTILITIES MUST BE MAINTAINED TO PROPER LINE AND GRADE DURING THE CONSTRUCTION OF THE PAVING FOR THIS DEVELOPMENT. 6.PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, BONDS AND THREE-WAY CONTRACTS SHALL BE SUBMITTED TO THE CITY AS REQUIRED. 7.THE CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL REGULATIONS REGARDING TRENCH SAFETY. 8.REFER TO ARCHITECTURAL AND STRUCTURAL PLANS TO VERIFY ALL BUILDING DIMENSIONS. 9.REFER TO ARCHITECTURAL PLANS FOR DETAILED BUILDING ENTRANCE LAYOUTS, RAMPS, LANDSCAPE, AND SIDEWALKS. 10.ALL DUMPSTER ENCLOSURES TO BE A MINIMUM OF 14'X25' WITH A CLEAR BACKING OF AT LEAST 40'. ENCLOSURE TO BE 8' MASONRY WITH MATERIAL TO MATCH PRIMARY STRUCTURE. 11.ALL MECHANICAL EQUIPMENT TO BE LOCATED IN PRIVATE BACKYARDS. 12.ALL FIRE HYDRANTS ARE LOCATED AT INTERSECTIONS AND SPACED PER CITY REQUIREMENTS. 13.ALL STD. PARKING SPACES TO BE 9'X18' WITH 2' OVERHANG. ALL PARALLEL SPACES TO BE 8'X22'. 14.ALL STRIPING IN PARKING LOTS TO BE WHITE. 15.HANDICAP ACCESS RAMPS SHALL BE PAINTED OR CONSTRUCTED OF CONTRASTING COLORS FROM THE STANDARD PAVEMENT BUT SHALL NOT BE IN COLORS THAT ARE CONSIDERED BRIGHT, NEON, OR GARISH. 16.TRUNCATED DOME PADS REQUIRED WHERE THE SIDEWALK MEETS THE DRIVEWAY. 17.RETAINING WALLS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 18.IRRIGATION PLANS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 19.RETAINING WALL AROUND POND MUST HAVE A MINIMUM OF 48" OF ORNAMENTAL FENCE. REFER TO STRUCTURAL PLANS FOR MORE DETAILS. 20.LOTS LOCATED ON THE QUASI-PUBLIC STREET MUST ORIENT BUILDINGS TO THE QUASI-PUBLIC STREET. 1 1 VICINITY MAP PROJECT LOCATION SIZETYPEI.D. WATER METER SCHEDULE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC 2" 2" 2" 2" 1" 2" 2" 1 2 3 4 5 6 7 DOMESTIC 2"8 DOMESTIC 2"9 DOMESTIC 2"10 DOMESTIC 2"11 HighPark Capital, LLC 4514 Travis Street, Ste 211 Dallas, Texas 75205 Tel. No. (214) 380-5404 Contact: Ryan Spring USER: Eric DATE/TIME: Jun 28, 2023 FILE: C:\Users\Eric\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\61-001_Anna - Gateway MF\z_AutoCAD\61-001 C0.4 SITE PLAN.dwgSOUTHGATE MULTI-FAMILY - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 1061-001DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718Copyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869eric@LincolnCE.comSOUTHGATE MULTI-FAMILY13.201 ACRESLOT 2, BLOCK AGATEWAY AT BUDDY HAYESCITY OF ANNA, COLLIN COUNTY, TEXAS Item No. 16. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Gateway at Buddy Hayes, Block C, Lot 1R, Replat. Applicant: Josh Eadie / NexMetro Hayes, LP. SUMMARY: Multiple-family residences on one lot on 20.7± acres located on the east side of Buddy Hayes Boulevard, 1,220± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose for the Replat is to dedicate easements and lot and block boundaries necessary for the creation of a multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Replat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block C, Lot 1R Replat Locator Map 2. Exhibit A - (RP) Gateway at Buddy Hayes, Block C, Lot 1R 3. P&Z Application SABLE WOOD DR OLIVE LNMESQUITELNCOTTONWOODTRLPINE KNOLL WAY PIN OAK TRL BLACK WILLOW TRLHICKORY TRLHAW THORNERDMANDARIN WAY REDBUD DR VICTORIAFALLS DRMULBERRY DR S PRUCE ST WILL O W W AY CEDAR TRL SWEETGUMDRCYPRESS WAY OAKHOLLOWLNCEDARWOODTRL W WHITE ST MAPLEWOOD TRLWALNUT WAYSYCAMORESTS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PERS IM M O NDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet June 2023 H:\Notification Maps\Notification Maps\ Replat - Gateway at Buddy Hayes, Block C, Lot 1 Item No. 17. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Gateway at Buddy Hayes, Block C, Lot 1R, Site Plan. Applicant: Josh Eadie / NexMetro Hayes, LP. SUMMARY: Multiple-family residences on one lot on 20.7± acres located on the east side of Buddy Hayes Boulevard, 1,200± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose of the Site Plan is to show the proposed multiple-family residential development site improvements. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block C, Lot 1R Site Plan Locator Map 2. Exhibit A - (SP) Gateway at Buddy Hayes, Block C, Lot 1R 3. P&Z Application SABLE WOOD DR OLIVE LNMESQUITELNCOTTONWOODTRLPINE KNOLL WAY PIN OAK TRL BLACK WILLOW TRLHICKORY TRLHAW THORNERDMANDARIN WAY REDBUD DR VICTORIAFALLS DRMULBERRY DR S PRUCE ST WILL O W W AY CEDAR TRL SWEETGUMDRCYPRESS WAY OAKHOLLOWLNCEDARWOODTRL W WHITE ST MAPLEWOOD TRLWALNUT WAYSYCAMORESTS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PERS IM M O NDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - Gateway at Buddy Hayes, Block C, Lot 1 690 6 9 0 6806806806856907057107156957007056706756556606656706456506556606556606656706756 8 0685690 665670675680685690 655 660 665 670675680685685685690690 6656706756806856706756856906 9 5 680685685 685690695 FLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFL FLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////LEA SI N G OFFI C E 2A 3A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A2A 2A 2A 2A 2A 2A2A 2A 2A 2A 2A 2A2A 2A 2A2A2A2A2A2A 2A 2A 2A 2A 2A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A3A 3A 3A 3A 3A 3A 3A3A 3A3A3A 3A3A 3A 3A 3A 3A 3A 3A3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A1A 1A 1A 1A1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 2A 2A 2A 2A 2A 2A 2A 2A 1A 1A 1A 1A 1A 1A 4 4 2 4 4 4 4 4 4 4 4 4 2 1 2 3 3 1 1 2 2 1 1 11 3 82 3 2 2 2 4 1 1 4 5 3 4 3 24 3 5 3 4 10 2 3 2 6 1 1 4 6 3 2 2 3 10 4 4 5 3 2 PROP. GARAGE (TYP.) PROP. GARAGE (TYP.) PROP. GARAGE (TYP.) PROP. GARAGE (TYP.) 5'x5' U.E.5'x5' U.E.5'x5' U.E. 5'x5' U.E. 5'x5' U.E.10'x10' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 5'x5' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E.30' F .A .U .E . 24' F.A.U.E. 24' F. A. U. E.24' F.A.U.E.24' F.A.U.E.10'x10' U.E.24' F.A.U.E.VARIABLE HT. RETAINING WALL PROP. RETAINING WALL MAIN T.270.7'6' SW 4' S W 4' SW4' SW6' SW6' SW 6' SW6' SW6' SW 6' SW6' SW6' SW 6' SW 6' SW 4' SW 4' SW 4 ' SW6' SW6' SW 6' SW6' SW6' SW 4' SW4' SW4' SW 4' SW 4' SW 6' SW6' SW 6' SW 6' SW 6' SW4' SW 6' SW 4' SW 4' SW 4' SW 4' SW (CONCRETE PAVEMENT) (CONCRETE PAVEMENT)(CONCRETE PAVEMENT)(CONC R E T E PAVE M E N T) FH FH FH FH FH FH FH FH FH FH FH WM WM WM WM WM WM WMWM WM WM WM WM WM WM WM WM WM WM WM SSMH SSMH SSMH SSMH SSMH SSMH SSMH SSMH SSMH CI CI CI CI CI CI CI CI JB JB 4' SW 4' SW4' SW4' SW4' SW4' SW4' SW4' SW4' SW4' SW4' SW 4' SW 4' SW 4' SW 4' S W 4' S W 4' SW4' SW4' SW6' SW4' SW4 ' SW4' SW5' SW 6' SW6' SW 6' SW 6' SW 6' SW 4' SW 6' SW6' SW 6' SW6' SW6' SW6' SW4' SW4' SW6' SW4' SW4' SW4' SW4' SW6' SW 4' S W 6' SW 6' SW R 3 0.0'R112.0'R112.0'R30.0'R30.0' R 8 9 1 .0 'R30.0'R 3 0 .0' R 54 .0'R54.0'R30.0'R54.0'R30.0'R 3 0.0' R 9 1 5 .0 'R88.0'R88.0'R3 0.0'R 3 0 .0 'R 5 4 .0 ' R 3 0.0'R 3 0 .0 ' R 5 4 .0 'R30.0 'R3 0.0' R 30.0'R3 0. 0 '130.8'20.0' 18.0' TYP.9.0'TYP.10.0'30.0'30.3 '20.3 '10'20.0' 20. 3 ' 30.0'18.0 'TYP. 9.0' TYP.18.0'TYP.18.0 'TYP. 9.0' TYP.9.0'TYP.18.0' TYP. 18.0' TYP.9.0'TYP.9.0' TYP.18.0'TYP.1 8 . 0 'TYP.9.0'TYP.10.0' (TYP.) 20.0' (TYP.) 10.0'(TYP.) 20.0'(TYP.) 9.0' TYP. 16 18 19 9 8 7 6 54 3 2 1 12 13 11 10 17 14 15 6' SW (CONCRETE PAVEMENT)2 4 6' MASONRY SCREEN WALL 6' ORNAMENTAL FENCE W/ MASONRY COLUMNS PROP. BOARD-ON-BOARD WOOD FENCE BOARD-ON-BOARD 6" WOOD FENCE BOARD-ON-BOARD 6' WOOD FENCE 6' ORNAMENTAL FENCE W/ MASONRY COLUMNS VARIABLE HEIGHT RETAINING WALL VARIABLE HT. RETAINING WALL VARIABLE HT. RETAINING WALL VARIABLE HEIGHT RETAINING WALL VEHI C U L A R ACC E S S G A T E W/KN O X B O X PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) 6 62 1 36 6 6 666 6 4 2 2 3 6 3 3 6 6 3 6 2 6 6 6 6 6 4 1 6 6 6 6 1 6 6 2 4 4 1 1 1 1 1 2 6 6 6 6 VEHICULAR ACCESS GATE W/KNOX BOX VEHICULAR ACCESS GATE W/KNOX BOX >>>>>>>>>>>>>>>>>>>>>>> >>> >>>>>>>>>>>>>>>LOT 2, BLOCK A 575,055 SQUARE FEET 13.201 ACRES LOT 1R, BLOCK C 903,359 SQUARE FEET 20.738 ACRES LOT 1, BLOCK B 513,950 SQUARE FEET 11.799 ACRES LOT 1, BLOCK A 599,822 SQUARE FEET 13.770 ACRES 15' UTILITY EASEMENT (BY SEPARATE INSTRUMENT) 10' P E D E S T RI A N EAS E M E N T 20' X 20' DRAINAGE EASEMENT 15' X 15' SANITARY\ SEWER EASEMENT 20' X 20' DRAINAGE EASEMENT 20' DRAINAGE EASEMENT 20' X 20' DRAINAGE EASEMENT 20' X 20' DRAINAGE EASEMENT 25' X 25' DRAINAGE & UTILITY EASEMENT 15' UTILITY EASEMENT 55' QUASI-PUBLIC STREET ACCESS & UTILITY EASEMENT W/ 24' FIRE LANE 0'-3' SIDE YARD (INTERIOR) SETBACK (PER ZONING) 15' SIDE YARD SETBACK (PER ZONING) 15' REAR YARD SETBACK (PER ZONING) 25' FRONT YARD SETBACK (PER ZONING) 25' REAR YARD SETBACK (PER ZONING) 10' REAR YARD SETBACK (PER ZONING) 25' REAR YARD SETBACK (PER ZONING) 25' F R O N T Y A R D SET B A C K (PER Z O NI N G) 30' FRONT YARD SETBACK (PER ZONING) 25' FRONT YARD SETBACK (PER ZONING) LS LS LS LS LS LS LS LS LS 25' REAR YARD SETBACK (PER ZONING)(80' R. O. W.)(80' R.O.W.)(60' R.O.W.) 15' DRAINAGE & UTILITY EASEMENT 15' DRAINAGE & UTILITY EASEMENT 15' REAR YARD SETBACK (PER ZONING) EX. 24' UTILITY EASEMENT PR. 24' FIRE LANE & ACCESS EASEMENT 15' DRAINAGE EASEMENT 10' PEDESTRIAN EASEMENT 15' SANITA RY SEW E R E A SE ME NT USER: EricSeeley DATE/TIME: Jun 28, 2023 - 4:30pmFILE: C:\Users\EricSeeley\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\15-006_Anna-Avilla Waters Creek\z_AutoCAD\15-006 C0.4 SITE PLAN.dwgAVILLA HAYES - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 1015-006DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718AVILLA HAYES20.738 ACRESLOT 1, BLOCK CGATEWAY AT BUDDY HAYESCITY OF ANNA, COLLIN COUNTY, TEXASCopyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869eric@LincolnCE.com1 INCH = 0 40 80 80 FEET 80 VICINITY MAP PROJECT LOCATION TBM-1: BENCH TIE ON WEST SIDE OF POWER POLE W/GUY WIRE ON THE EAST SIDE OF THE NORTH BOUND FRONTAGE ROAD (US-75); LOCATED ±0.5 MILES NORTH OF THE CENTER OF TAYLOR BLVD. ELEVATION=717.80' TBM-2: CUT SQUARE W/ "X" SET ON THE NORTH END OF 60 FOOT LONG CONCRETE HEADWALL ALONG NORTH BOUND FRONTAGE ROAD (US-75); LOCATED ±0.25 MILES NORTH OF THE CENTER OF TAYLOR BLVD. ELEVATION=693.39' BENCHMARKS FLFLFL FL GENERAL NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL WORK, UNLESS OTHERWISE NOTED, SHALL CONFORM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ISSUED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT, AND CITY STANDARD CONSTRUCTION SPECIFICATIONS. 3.PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL BE FAMILIAR WITH THE PLANS INCLUDING ALL NOTES, THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS, AND ANY OTHER APPLICABLE STANDARD AND SPECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILURE ON THE PART OF THE CONTRACTOR TO BE FAMILIAR WITH ALL STANDARDS AND SPECIFICATION PERTAINING TO THIS WORK SHALL IN WAY RELIEVE THE CONTRACTOR OF RESPONSIBILITY OF PERFORMING THE WORK IN ACCORDANCE WITH ALL SUCH APPLICABLE STANDARDS AND SPECIFICATIONS. 4.THE HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING SUBSURFACE UTILITIES HAVE BEEN DETERMINED BY DATA RECORDED BY OTHERS. CONTRACTOR SHALL VERIFY THAT NECESSARY CROSSING CLEARANCES BETWEEN EXISTING AND PROPOSED UTILITIES EXIST PRIOR TO CONSTRUCTION OF ANY SUCH CROSSING. IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL UTILITIES IN THE CONSTRUCTION OF THE PROJECT. CONTRACTOR TO VERIFY SIZE AND LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. 5.IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL MANHOLES, CLEANOUTS, VALVE BOXES, FIRE HYDRANTS, ETC… THEY MUST BE ADJUSTED TO PROPER LINE AND GRADE BY THE CONTRACTOR PRIOR TO AND AFTER PLACING OF PERMANENT PAVEMENT AND GRADING. UTILITIES MUST BE MAINTAINED TO PROPER LINE AND GRADE DURING THE CONSTRUCTION OF THE PAVING FOR THIS DEVELOPMENT. 6.PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, BONDS AND THREE-WAY CONTRACTS SHALL BE SUBMITTED TO THE CITY AS REQUIRED. 7.THE CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL REGULATIONS REGARDING TRENCH SAFETY. 8.REFER TO ARCHITECTURAL AND STRUCTURAL PLANS TO VERIFY ALL BUILDING DIMENSIONS. 9.REFER TO ARCHITECTURAL PLANS FOR DETAILED BUILDING ENTRANCE LAYOUTS, RAMPS, LANDSCAPE, AND SIDEWALKS. 10.ALL DUMPSTER ENCLOSURES TO BE A MINIMUM OF 14'X25' WITH A CLEAR BACKING OF AT LEAST 40'. ENCLOSURE TO BE 8' MASONRY WITH MATERIAL TO MATCH PRIMARY STRUCTURE. 11.ALL MECHANICAL EQUIPMENT TO BE LOCATED IN PRIVATE BACKYARDS. 12.ALL FIRE HYDRANTS ARE LOCATED AT INTERSECTIONS AND SPACED PER CITY REQUIREMENTS. 13.ALL STD. PARKING SPACES TO BE 9'X18' WITH 2' OVERHANG. ALL PARALLEL SPACES TO BE 8'X22'. 14.ALL STRIPING IN PARKING LOTS TO BE WHITE. 15.HANDICAP ACCESS RAMPS SHALL BE PAINTED OR CONSTRUCTED OF CONTRASTING COLORS FROM THE STANDARD PAVEMENT BUT SHALL NOT BE IN COLORS THAT ARE CONSIDERED BRIGHT, NEON, OR GARISH. 16.TRUNCATED DOME PADS REQUIRED WHERE THE SIDEWALK MEETS THE DRIVEWAY. 17.RETAINING WALLS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 18.IRRIGATION PLANS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 19.RETAINING WALL AROUND POND MUST HAVE A MINIMUM OF 48" OF ORNAMENTAL FENCE. REFER TO STRUCTURAL PLANS FOR MORE DETAILS.OVERALLSITE PLANSP.11" = 80'SITE PLAN GATEWAY AT BUDDY HAYES BLOCK C, LOT 1R 20.738 ACRES / 903,359 SF ABS 782 THOMAS RATTON SURVEY CITY OF ANNA, COLLIN COUNTY, TEXAS June 2023 D.E.DRAINAGE EASEMENT LEGEND PROP. GRATE INLET PROP. JUNCTION BOX CURB INLET GI JB CI SSMH PROP. SEWER MANHOLE PROP. WATER METER AND VAULT WV PROP. WATER METERWM PROP. WATER VALVE BOUNDARY LINE EASEMENT LINE SURFACE PARKING COUNT PROP. FIRE LANE ACCESSIBLE CROSSWALK U.E.UTILITY EASEMENT F.A.U.E.FIRE LANE, ACCESS, & UTILITY EASEMENT SETBACK/ BUILDING LINE 6' ORNAMENTAL FENCE PROPERTY LINE 6' MASONRY FENCE EXISTING CONTOUR133 SIDE WALKSW GARAGE PARKING COUNT SIZETYPEI.D. WATER METER SCHEDULE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC 1" 1" 1" 1" 1" 1" 1 2 3 4 5 6 7 8 9 SIZETYPEI.D. DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC 1" 1" 1" 1" 1" 1" 13 14 15 16 17 18 DOMESTIC - DOMESTIC DOMESTIC DOMESTIC 1"1" 1"- 1" 10 19 DOMESTIC 1" 11 - DOMESTIC 1" 12 - DOMESTIC 1" - - - -- -- -- -- OPEN PARKING WITH NUMBER OF SPACES ENCLOSED PARKING (DETACHED GARAGE) WITH NUMBER OF SPACES DUMPSTER ENCLOSURE 4 4 ±52.2'±27.3'±37.0'±27.3'±31.3'±44.0' 1 BEDROOM FOOTPRINT (WITH EAVE OVERHANG) 2 BEDROOM FOOTPRINT (WITH EAVE OVERHANG) 3 BEDROOM FOOTPRINT (WITH EAVE OVERHANG) COVERED PARKING (CARPORT) WITH NUMBER OF SPACES 4 CARPORT PARKING COUNT1 1 1 Item No. 18. Planning and Zoning Commission Agenda Staff Report Meeting Date: 7/6/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1, Final Plat. Applicant: Anacapri Laguna Azure, LLC and Bloomfield Homes, LP. SUMMARY: Vacant lot on 14.4± acres located at the northwest corner of Hackberry Drive and N. Ferguson Parkway. Zoned: Planned Development (Ord. No. 839-2019 & Ord. No. 887- 2020). The purpose for the Final Plat is to dedicate rights-of-way and lot and block boundaries for future development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1 Locator Map 2. Exhibit A (FP) Lorenzo Dow Hendricks Elementary Addn, Block A, Lot 1 3. Megatel Application 4. Bloomfield Application2 LAURENBROOKEDRCEDAR CANYON DRWESTPARKDRSHELDON DR FULBOURNE DR HOLCOMBE DR BIRDBROOK DRCHATSWORTH DR AINSWORTH DRCOPPERSWITCHDRSANTALUCIADRLIDOLNBANKHURST DRPARKCHASE DRC A S T I GLIONE LN FOREST HAVEN DRPORT I NADRHELMOKEN FALLS DR MADISON DR AMENDUNI LNTARTANEDRATHABASCA FALLS DR PEMBERTON DRHANAKOA FALLS DR LAVINOLA LN MARKHAM DRCRISTIANO LN NORTHFIELD DR NIAGARA FALLS DRMONESTERO LN AMALFI LN HAYES DR NORWOOD DRMILLSDRCAPO VERD E D R CHAPEL HILL DR FOXTAIL DR KINGSTON CT HACKBERRY DR HONEYWELL DR SFERGUSONPKWYNFERGUSONPKWYCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet June 2023 H:\Notification Maps\Notification Maps\ Final Plat - Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1 EXHIBIT A Item No. 19. Planning and Zoning Commission Agenda Staff Report Meeting Date: 7/6/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on the One Anna Two Addition, Block A, Lots 4R & 5, Preliminary Replat. Applicant: North Texas HOCO, LLC. SUMMARY: Hotel on Lot 4R and vacant lot on 12.0± acres located on the east side of Standridge Boulevard, 1,040± feet north of Suzie Lane. Zoned: Planned Development (Ord. No. 765-2018, Ord. No. 846-2020, & Ord. No. 1021-2022). The purpose of the Preliminary Replat is to propose easements and lot and block boundaries necessary for the future construction of the hotel development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Preliminary Replat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - One Anna Two Addition, Block A, Lots 4R & 5 2. EXHIBIT A - PR (One Anna Two Addition, Bl A, Lts 4R & 5) 3. P&Z Application FOXBRUSH LNBURWICK LN ASHBROOK LN WILDERNESS POINTLNUS HIGHWAY 75THORNCREEKDRLONEROCKDRHACKBERRY DR DRIFTWOOD LN VALLEYPINESDRFLINTROCK LN STARLIGHTDRS BUDDYHAYES BLVDNCENTRALEXPYS CENTRALEXPYSTILL CREEK LN WINDY HILL LN SSTANDRIDGEBLVDSTOCKPO R T D R NBUDDYHAYESBLVDTIMBER RIDGE DR HOLLYBROOK LN SUZIE L NNSTANDRIDGEBLVD Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Preliminary Replat - One Anna Two Addition, Block A, Lots 4R & 5 STANDRIDGE BOULEVARD(80' R.O.W.)U.S. HIGHWAY NO. 75(VARIABLE WIDTH R.O.W.)N1°58'14"W 54.35'S7°37'25"W1138.74'N82°22'35" W 311.75' ∆=9°11'41" R=230.00' L=36.91' CB=N86°58'24"W C=36.87' N7°37'25"E 768.62' 1/2" IRF TXDOT CONCRETE MONUMENT FOUND (C.M.) 1/2" IRF 20' WATER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. LOT 4, BLOCK A ONE ANNA TWO ADDITION INST. NO. _____________________ O.P.R.C.C.T. LOT 5 8.902 ACRES 387,762 SQ. FT.50' BUILDING LINEINST. NO. 20210607010002180O.P.R.C.C.T.N82°26'42" W 437.43' GCEC ELECTRIC ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. SUZIE LAN E (60' R.O.W.) R.O.W. DED I C A T I O N INST. NO. 2 0 2 1 0 6 0 7 0 1 0 0 0 2 1 8 0 O.P.R.C.C.T . R.O.W. DED I C A T I O N INST. NO. 2 0 1 8 0 5 2 5 0 0 0 6 4 4 6 1 0 O.P.R.C.C.T .R.O.W. DEDICATIONINST. NO. 20210607010002180O.P.R.C.C.T.LOT 2, BLOCK A ONE ANNA TWO ADDITION INST. NO. 20210607010002180 O.P.R.C.C.T. LOT 1, BLOCK A ONE ANNA TWO ADDITION INST. NO. 20210607010002180 O.P.R.C.C.T.N7°37'25"E1089.32'20' SANITARY SEWER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 25' SITE VISIBILITY & SIDEWALK MAINTENANCE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 18' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 18' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 24' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15'X25' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 10'X10' WATER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. WATER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. DRAINAGE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. DRAINAGE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 30' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15'X25' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T.50' BUILDING LINEINST. NO. 20210607010002180O.P.R.C.C.T.R.O.W. DEDICATIONVOL. 655, PG. 446, D.R.C.C.T.INST. NO. 20150728000932810, O.P.R.C.C.T.POINT OF BEGINNING 1/2" IRFC "VOTEX SURVEYING" (C.M.) 15'X25' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. AT&T CORP. INST. NO. 20060912001318850 O.P.R.C.C.T. REMAINDER BFB ANA 40 ACRES, LLC INST. NO. 20190412000390800 O.P.R.C.C.T.CADG HURRICANE CREEK, LLCINST. NO. 20150529000631020O.P.R.C.C.T.MANTUA 30 PARTNERS, LTD. INST. NO. 20201022001847220 O.P.R.C.C.T.MM ANNA 325, LLC.INST. NO.20201201002152900O.P.R.C.C.T.ANNA VILLAGE COMMERCIAL, LTD. INST. NO. 20210107000041390 O.P.R.C.C.T. ANNA VILLAGE RESIDENTIAL, LTD. INST. NO. 20210107000041360 O.P.R.C.C.T. 18' 18' 18' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. ____________________ O.P.R.C.C.T. 30' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 24' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. _________________ O.P.R.C.C.T. 50' BUILDIN G L I N E INST. NO. 2 0 2 1 0 6 0 7 0 1 0 0 0 2 1 8 0 O.P.R.C.C.T . DRAINAGE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15' DRAINAGE ESMT. INST. NO. _________________ O.P.R.C.C.T. 15' DRAINAGE ESMT. INST. NO. _________________ O.P.R.C.C.T. 25' SITE VISIBILITY & SIDEWALK MAINTENANCE ESMT. (BY THIS PLAT) LOT 4R 2.907 ACRES 126,627 SQ. FT. LOT 3R, BLOCK A ONE ANNA TWO ADDITION INST. NO. _________________ O.P.R.C.C.T. ∆=14°41'43" R=780.00' L=200.05' CB=N5°22'38"E C=199.51'320.70'459.41' 352.41' 1/2" IRFC "VOTEX SURVEYING" (C.M.) 1/2" IRFC "VOTEX SURVEYING" 1/2" IRFC "VOTEX SURVEYING" 1/2" IRFC "VOTEX SURVEYING" 1/2" IRFC "VOTEX SURVEYING" MNS 492.21'1/2" IRFC "VOTEX SURVEYING" N89°04'37"E 811.82' 30' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 26' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 18' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 18' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 10'x10' WATER ESMT. (BY THIS PLAT) 10'x10' WATER ESMT. (BY THIS PLAT) 15'x15' WATER ESMT. (BY THIS PLAT) 26' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) N82°25'54"W - 3 0 0 . 5 3 ' S82°25'54"E - 3 0 0 . 4 7 ' 36' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT)308.90'36.00'C1 C1 0S07°37'25"W - 229.52'N07°37'25"E - 227.20'N89°04'37"E - 36.40'C2 C3C4C5C6 C7 C8C9C11C12C13 C 1 4 N82°25'54"W - 2 1 0 . 9 7 ' S82°25'54"E - 2 2 6 . 5 6 'S07°34'06"W - 62.15'N07°34'06"E - 66.51'S82°25'54"E - 2 3 0 . 5 6 ' N82°25'54"W - 2 2 6 . 5 6 'S07°34'06"W - 79.03'N07°34'06"E - 62.15'L1L3L2 L4L5 L6L7L8 L9 L10 L11L12 10'x10' WATER ESMT. (BY THIS PLAT) 30' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) NOTES: 1. The basis of bearings for this survey is the State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. 2. The purpose of this plat is to subdivide Lot 4 into two lots (Lots 4R & 5). 3. Notice: Selling a portion of this addition by metes and bounds is a violation of the City Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. PRELIMINARY RELEASED 9/21/2021 FOR REVIEW PURPOSES ONLY. THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. SURVEYOR'S STATEMENT I, Candy Hone, a Registered Professional Land Surveyor, licensed by the State of Texas, affirm that this plat was prepared under my direct supervision, from recorded documentation, evidence collected on the ground during field operations and other reliable documentation; and that this plat substantially complies with the Rules and Regulations of the Texas Board of Professional Engineers and Land Surveyors, the City of Dallas Development Code (Ordinance No. 19455, as amended) and Texas Local Government Code, Chapter 212. I further affirm that monumentation shown hereon was either found or placed in compliance with the City of Dallas Development Code, Sec. 51A-8.617 (a)(b)(c)(d) & (e); and that the digital drawing file accompanying this plat is a precise representation of this Signed Final Plat. Dated this the day of , 2023. _____________________________________________________________ Candy Hone, Registered Professional Land Surveyor, No. 5867 Votex Surveying Company - Firm No. 10013600 - (469) 333-8831 STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned, a Notary Public in and for the County and State on this day personally appeared Candy Hone, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ______ of ____________, 2023. _____________________________________________________________ Notary Public, State of Texas O W N E R' S D E D I C A T I O N NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That ANNA INVESTMENTS, LLC, acting by and through their duly authorized agents, do hereby adopt this plat, designating the herein described property as ONE ANNA TWO ADDITION, BLOCK A, LOTS 4R & 5, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, any streets and alleys shown thereon. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that they shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This plat approved subject to all platting ordinances, rules and regulations the City of Anna, Texas. The area or areas shown on the plat as "VAM" (Visibility , Access, and Maintenance) easement is hereby given and granted to the city, its successors and assigns, as an easement to provide visibility, right of access, and maintenance upon and across said VAM easement. The city shall have the right, but not the obligation, to maintain any and all landscaping within the VAM easement. Should the city exercise this maintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAM easement at any time. The ultimate maintenance responsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree, or other improvements or growths, which in any way endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAM easement. The city shall also have the right, but not the obligation, to add any landscape improvements to the VAM easement, to erect any traffic control devices or signs on the VAM easement, and to remove any obstruction thereon. The city, its successors, assigns, or agents, shall have the right and privilege at all times to enter upon the VAM easement or any part thereof for the purposes and with all rights and privileges set forth herein. WITNESS my hand this the ____ day of ______________, 2023. ANNA INVESTMENTS, LLC ____________________________________ Dr. Richard Jelsma, Manager STATE OF TEXAS § COUNTY OF GRAYSON § Before me, the undersigned authority, a Notary Public in and for the County and State on this day personally appeared Dr. Richard Jelsma, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of ______________, 2023. _______________________________________________ Notary Public, State of Texas My Commission Expires: _______________________ PRELIMINARY REPLAT ONE ANNA TWO ADDITION LOTS 4R & 5, BLOCK A BEING A REPLAT OF ALL OF LOT 4, BLOCK A, ONE ANNA TWO ADDITION RECORDED IN INSTRUMENT NO. ________________ OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS 11.809 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS O W N E R ' S C E R T I F I C A T E STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS ANNA INVESTMENTS, LLC is the owner of those tracts of land situated in the W.S. Rattan Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being all of Lot 4, Block A of One Anna Two Addition, an addition to the City of Anna, Collin County, Texas according to the plat thereof recorded in Instrument No. __________________________, Official Public Records, Collin County, Texas; same being a portion of that tract of land conveyed to Anna Investments, LLC by deed recorded in Instrument No. 20180622000777080, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a TxDot concrete monument found for corner in the west right-of-way line of U.S. Highway No. 75 (a variable width right-of-way) at the northeast corner of said Lot 4; THENCE S 07° 37' 25" W, with said west right-of-way line, a distance of 1138.74 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner at the intersection of said west right-of-way line with the north right-of-way line of Suzie Lane (a 60-foot wide right-of-way) and the southeast corner of said Lot 3; THENCE with said north right-of-way line of Suzie Lane, the following courses and distances: N 82° 22' 35" W, a distance of 311.75 feet to an 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner at the beginning of a non-tangent curve to the left; In a southwesterly direction with said curve to the left, having a central angle of 09° 11' 41", a radius of 230.00 feet, a chord that bears N 86° 58' 24" W, a distance of 36.87 feet, and an arc length of 36.91 feet to a mag nail with washer stamped "VOTEX SURVEYING" set at the most southerly southwest corner of said Lot 4; THENCE N 07° 37' 25" E, departing said north right-of-way line of Suzie Lane and with the east line of Lot 2, Block A of said One Anna Two Addition, at a distance of 492.21 feet passing a 1/2-inch iron rod found for the northeast corner of said Lot 2 and the southeast corner of Lot 3R, Block A of first mentioned One Anna Two Addition, and continuing for a total distance of 768.62 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner; THENCE N 82° 26' 42" W, with the north line of said Lot 3R, a distance of 437.43 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner in the east right-of-way line of Standridge Boulevard (an 80-foot wide right-of-way) at the northwest corner of said Lot 3R; said point being the beginning of a non-tangent curve to the left; THENCE with said east right-of-way line of Standridge Boulevard, the following courses and distances: In a northeasterly direction with said curve to the left, having a central angle of 14° 41' 43", a radius of 780.00 feet, and a chord that bears N 05° 22' 38" E, a distance of 199.51 feet and an arc length of 200.05 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found at the end of said curve; N 01° 58' 14" W, a distance of 54.35 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" set at the northwest corner of said Lot 4; THENCE N 89° 04' 37" E, with the north line of said Lot 4, a distance of 811.82 feet to the POINT OF BEGINNING and containing 514,389 square feet or 11.809 acres of land, more or less. CERTIFICATE OF APPROVAL Approved on this the day of , 2023, by the City Council, City of Anna, Texas. Mayor City Secretary Item No. 20. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the S.E. Jenkins Estates, Block A, Lot 1, Final Plat. Applicant: Sam Elba Jenkins. SUMMARY: Single-family dwelling, detached lot on 0.6± acre located on the north side of E. White Street, 740± feet east of S. Sherley Avenue. Zoned: SF-1 Single-Family Residential (SF-1). The purpose for the Final Plat is to dedicate easements and lot and block boundaries necessary for future development. Sec. 9.02.081 of the city’s Subdivision Regulations require right-of-way dedication typically from the centerline of the existing right-of-way. However, the applicant has stated that TXDOT will not require right-of-way dedication on his property due to right- of-way takings along the south side of E. White Street which will exceed the minimum right-of-way width as shown on the city’s Master Thoroughfare Plan. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Final Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is subject to: a. Additions and/or alterations to the engineering plans as required by the Public Works Department; and b. Prior to recordation of the Final Plat, correspondence from TXDOT releasing the applicant from right-of-way dedication requirements along E. White Street. ATTACHMENTS: 1. S.E. Jenkins Estates, Block A, Lot 1 Locator Map 2. Exhibit A - (FP) S.E. Jenkins Estates, Block A, Lot 1 3. P&Z Application E WHITE STSEASTOND R SMITH STE EIGHTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 100 20050 Feet June 2023 H:\Notification Maps\Notification Maps\ Final Plat - S.E. Jenkins Estates, Block A, Lot 1 Item No. 21. Planning and Zoning Commission Agenda Staff Report Meeting Date: 7/6/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the Skyway Towers Addition, Block A, Lot 1, Development Plat. Applicant: William & Mary Enox. SUMMARY: One lot on 1.6± acres located on the west side of Keith Lane, 1,180± feet northwest of County Road 419. Located in the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Development Plat is in conformance with the city’s Subdivision Regulations. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Skyway Towers Addition, Block A, Lot 1 Locator Map 2. Exhibit A (DP) Skyway Towers Addn, BL A, Lt 1 3. Application COUNTY ROAD 419 CEDAR MEADOW DR KEITH LN Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Development Plat - Skyway Towers Addition, Block A, Lot 1 Guinn Morrison SurveyAbstract No. 559Collin County, TexasCedar MeadowRV ParkG. Stark SurveyAbstract No. 798Collin County, TexasLEGAL DESCRIPTIONHelvey-Wagner Surveying, Inc.Development Plat ofAbstract No. 559Guinn Morrison Surveyin theAdditionLot 1, Block ACollin County, TexasDate of Revision: June 15, 2023Skyway Towers1.573 AcresWilliam Enox and Mary EnoxOwners162 N. Meadowbrook DrivePottsboro, Texas 75076Skyway TowersDevelopers3637 Madaca LaneTampra, FL 3361868,526 Square Feet“”“”LEASE AREAEXHIBIT A Item No. 22. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Zee Addition, Block A, Lot 1, Final Plat. Applicant: Zeeshan Hameed & Sharon Carroll Smith. SUMMARY: Single-family dwelling, detached lot on 0.2± acre located at the northwest corner of E. Seventh Street and S. Easton Drive. Zoned: SF-1 Single-Family Residential District. The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. ISSUES: The applicant desires to construct a single-family residence on an existing, unplatted lot. Prior to new construction and a building permit being approved, a property must be brought up to code including being platted. As part of the Final Plat application, the applicant is requesting waivers from adopted city standards located within §9.02.084 and §9.02.087 of the Subdivision Regulations and §9.04.010 & Appendix 1 of the Zoning Ordinance: §9.02.084 - (c) Computation of lot and buildable area. A lot’s area shall be computed inclusive of all easements. However, there shall be a minimum buildable area, exclusive of required easements, buffer zones and setbacks for each lot. The minimum buildable area shall be an area 1/2 of the required minimum lot size. If the city disputes the buildable area of any lot, the developer shall submit verification in writing that the buildable area is adequate for the type of housing product (or nonresidential building) proposed for that lot. Final approval of the allowed buildable area for any lot shall be by the city. • The minimum lot size of the zoning district is 7,200 square feet, which requires a buildable area of 3,600 square feet. • The existing lot is 6,503 square feet. • With the required setbacks (25’ front and rear, 6.5 side, and 15’ corner side) before the right-of-way dedication, there would be a buildable area of 1,972 square feet. • The applicant has stated that 1,972 square feet is sufficient for the proposed single-family dwelling, detached. §9.02.087 - (a) Requirements of the zoning district if applicable. Lots shall conform to the minimum requirements of the established zoning district, if located within the city’s corporate limits. §9.04.010 & Appendix 1 - 1. Minimum Front Yard Setback (feet): 25 2. Minimum Lot Depth (feet): 120 3. Lot area (feet): 7200 • The existing lot depth is 87± feet and lot area is 6,503 square feet. • After the required right-of-way dedication, the lot depth will be 76± feet and the lot area will be approximately 5,761± square feet. • Due to the requirement for right-of-way dedication, implementing a 25-foot setback from the new property line would make the buildable area even smaller. The applicant is requesting to reduce the front yard setback to 15 feet. As outlined in Section 9.04.042 (Board of adjustment) of the Zoning Ordinance, the Board of Adjustment has the authority to permit variances “from the terms of the Zoning Ordinance that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done.” The Commission lacks jurisdiction to approve or deny a variance from the Zoning Ordinance. The approval of the Final Plat simply allows the applicant to move forward and submit the variance request, which will then follow the normal process with the Board of Adjustment. If the Board of Adjustment does not approve the requested variance, the applicant will be restricted to the SF-1 Single-Family Residential District regulations as written in the Zoning Ordinance. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: Recommended for approval subject to the Board of Adjustment granting a variance to allow a reduced front yard setback and approval of the plat for the existing conditions not meeting the minimum lot depth, lot area, and buildable area. ATTACHMENTS: 1. Zee Addition, Block A, Lot 1 Locator Map 2. Exhibit A - (FP) Zee Addition, Block A, Lot1 3. P&Z Application E SEVENTH ST SEASTONDRWORTHAM STE SIXTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 100 20050 Feet June 2023 H:\Notification Maps\Notification Maps\ Final Plat - Zee Addition, Block A, Lot 1 SEVENTH STREETEASTON STREET S 88° 34' 57" E 75.16'N 01° 06' 25" E 87.08'N 88° 43' 20" W 74.34'S 01° 38' 48" W 86.90'LOT 1, BLOCK APAGE 1 OF 1OWNER'S CERTIFICATESTATE OF TEXASCOUNTY OF COLLIN OWNER:ZEESHAN HAMEEDSHANNON CARROLL SMITH229 E. SEVENTH STREETANNA, TX 75409FINAL PLATZEE ADDITIONLOT 1, BLOCK A0.149 ACRES SITUATED IN THEGWYNN MORRISON SURVEY, ABSTRACT NO. 559CITY OF ANNA, COLLIN COUNTY, TEXASMAY 13, 20233615 KARNAGHAN LANEMELISSA, TEXAS 75454TEL:(972) 946-4172TBPELS NO. 10194713ANEL RODRIGUEZ, RPLSarodriguez@arasurveying.comNSURVEYOR'S CERTIFICATEKNOW ALL MEN BY THESE PRESENT:STATE OF TEXASCOUNTY OF COLLINCERTIFICATE OF APPROVALSTATE OF TEXASCOUNTY OF COLLINLOT 1, BLOCK A, ZEEADDITIONSTATE OF TEXASCOUNTY OF COLLIN Item No. 23. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street from C-2 General Commercial to Planned Development-C-2 General Commercial to allow for the use of Self-Storage, mini-warehouse with modified development standards. Applicant: Anna 31 Retail LP. SUMMARY: The public hearing was tabled and held open at the June 6, 2023, Planning & Zoning Commission meeting in order for the applicant to continue to refine the zoning request. The Self-Storage, mini-warehouse land use is currently allowed only within the industrial zoning districts. The applicant is requesting to allow this land use by-right and to permit truck leasing as an accessory use to a self-storage, mini-warehouse development. Below are the existing land use definitions associated with the Self-storage, mini- warehouse and Truck and bus leasing. Self-storage, mini-warehouse: A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units. Truck and bus leasing: The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done. A concept plan, Anna Retail Addition, Block A, Lot 9, accompanies this request. Surrounding Land Use and Zoning North Truck stop (Love’s), zoned C-2 General Commercial District East Vacant land, zoned C-2 General Commercial District South Future multi-family residence development, zoned Planned Development- Multiple-Family Residential-High Density (Ord. No. 972-2022) West Multi-tenant commercial building, zoned C-2 General Commercial District Proposed Planned Development Stipulations The requested zoning is PD-C-2. There are two primary parts to this request: land use and development standards. Land Use - The applicant is proposing a Planned Development (PD) for the subject property to allow the land use of Self-storage, mini-ware house with Truck leasing as a permitted accessory use. Development Standards -The language in the proposed PD district will modify Planning and Development Regulations and current development standards by. Accessory Use – Allow Truck leasing as an accessory use to a self-storage, mini- warehouse development and limit the accessory use to a maximum of 10 trucks on site. Storage - Prohibit outside storage or boat/RV storage. Maximum Height – Increase allowed maximum height to 3 story/50 feet. The C-2 zoning district area regulations has a maximum height allowance of 35 feet. The requested increase will support the interior floor dimensions and to properly screen mechanical equipment that will be located on the roof. Parking - Reduce parking requirement to 1 space per 40 storage cubicles and require 10 spaces for truck leasing. Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires a minimum of 1 space per 20 storage cubicles plus 1 per 1,000 sf GFA of office and 2 per living quarters. *City Council has approved a parking reduction in the last two self-storage, mini- warehouse zoning requests (1 per 100 storage cubicles). Screening - Not require a wall or fence along the southern property boundary. The C-2 zoning requires a wall or fence of not less than six feet whenever a C-2 use abuts a multi-family residence zoning district. A future multi-family residence development will be located immediately to the south of the proposed development. Between the developments is a shared fire lane that will serve the purpose of east/west spine road between U.S. Highway 75 and future Buddy Hayes Boulevard. To improve the aesthetics the development is requesting to waive the fencing requirement and propose a 15-foot landscape buffer adjacent to the fire lane. Landscaping - Enhance the screening along the northern property boundary shared with the truck stop with the following. a. Minimum 6-foot wood fencing with masonry columns every 20 feet. b. Enhanced planting within the required 5-foot perimeter landscape area between the parking spaces and adjacent property to include: i. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and ii. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. Hours of operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays) Attached (Exhibit B) is additional information and justification provided by the applicant on the proposed development standards. Conformance with the Anna2050 Comprehensive Plan Future Land Use Plan – The Future Land Use Plan designates this property as Community Commercial. Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. Although self-storage, mini-warehouse is not identified as a retail or service land use the proposed development consists of a freestanding building that would provide a storage opportunity/service for neighbors that will be living within future surrounding multi-family developments. CONCLUSION: The applicant is requesting to rezone the property to a Planned Development to allow for a self-storage, mini-warehouse development that will offer Truck leasing as a permitted accessory use. Some attributes the proposed zoning request provides includes: • Development will include a 3-story building that will serve as a visual buffer between the future multi-family development to the south and the existing truck stop to the north. • The proposed facility will have limited hours of operation and prohibit outside storage. • The proposed development form is a single, multi-story, climate-controlled building. • The applicant has agreed to enter into a Development Agreement that will include building design and material requirements. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: If the Commission votes in favor of the zoning request, below are recommended restrictions for the applicants’ zoning request: Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in C-2 General Commercial district and the Planning and Development Regulations except as otherwise specified herein. i. Zoning District Area Regulations: 1. Maximum height (feet): 3 story / 50 feet ii. Permitted Uses: 1. All uses allowed by-right and by specific use permit in the C-2 General Commercial zoning districts with the following exceptions: a. Self-storage, mini-warehouse with Truck leasing as a permitted accessory use. iii. Storage: Outside storage and/or boat/RV storage is prohibited. iv. Screening: 1. No wall or fence shall be required along the southern property boundary. 2. Truck leasing vehicles are not required to be screened. v. Parking: Self-service warehouse - 1 per 40 storage cubicles and 10 spaces for truck leasing. vi. Landscaping - Landscaping shall conform to City ordinances with the following exception along the northern property boundary within the required 5-foot perimeter landscape area between the parking spaces and adjacent property: 1. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and 2. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. 3. A minimum 6-foot wood fencing with masonry columns every 20 feet. vii. Hours of Operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays). C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non-substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Concept Plan will expire after two (2) years of approval. ATTACHMENTS: 1. Anna Retail Addition, Block A, Lot 9 Zoning Locator Map 2. P&Z - STAFF REPORT (Zoning) - Anna Retail Addition, Bl A, Lt 9 (self-storage) 3. Exhibit A - (CP) Anna Retail Addn, Bl A, Lt 9 4. Exhibit B - (PD Stipulation Justification) Anna Retail Addn, Bl A, Lt 9 5. P&Z Application W WHITE ST S CENTRAL EXPYUS HIGHWAY 75S BUDDY HAYES BLVDCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet May 2023 H:\Notification Maps\Notification Maps\ Zoning - Anna Retail Addition, Block A, Lot 9 CITY OF ANNA Planning & Zoning Commission July 6, 2023 Public Hearing: Zoning – Anna Retail Addition, Block A, Lot 9 Applicant: Anna 31 Retail LP DESCRIPTION: Request to rezone 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street from C-2 General Commercial (C-2) to Planned Development-C-2 General Commercial (PD-C-2) to allow for the use of Self-Storage, mini-warehouse with modified development standards. REMARKS: The public hearing was tabled and held open at the June 6, 2023, Planning & Zoning Commission meeting in order for the applicant to continue to refine the zoning request. The Self-Storage, mini-warehouse land use is currently allowed only within the industrial zoning districts. The applicant is requesting to allow this land use by-right and to permit truck leasing as an accessory use to a self-storage, mini-warehouse development. Below are the existing land use definitions associated with the Self-storage, mini- warehouse and Truck and bus leasing. Self-storage, mini-warehouse: A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units. Truck and bus leasing: The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done. A concept plan, Anna Retail Addition, Block A, Lot 9, accompanies this request. Surrounding Land Use and Zoning North Truck stop (Love’s), zoned C-2 General Commercial District East Vacant land, zoned C-2 General Commercial District. South Future multi-family residence development, zoned Planned Development- Multiple-Family Residential-High Density (Ord. No. 972-2022). West Multi-tenant commercial building, zoned C-2 General Commercial District PAGE 2 OF 5 Proposed Planned Development Stipulations The requested zoning is PD-C-2. There are two primary parts to this request: land use and development standards. Land Use - The applicant is proposing a Planned Development (PD) for the subject property to allow the land use of Self-storage, mini-ware house with Truck leasing as a permitted accessory use. Development Standards -The language in the proposed PD district will modify Planning and Development Regulations and current development standards by. Accessory Use – Allow Truck leasing as an accessory use to a self-storage, mini- warehouse development and limit the accessory use to a maximum of 10 trucks on site. Storage - Prohibit outside storage or boat/RV storage. Maximum Height – Increase allowed maximum height to 3 story/50 feet. ➢The C-2 zoning district area regulations has a maximum height allowance of 35 feet. The requested increase will support the interior floor dimensions and to properly screen mechanical equipment that will be located on the roof. Parking - Reduce parking requirement to 1 space per 40 storage cubicles and require 10 spaces for truck leasing. ➢Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires a minimum of 1 space per 20 storage cubicles plus 1 per 1,000 sf GFA of office and 2 per living quarters. *City Council has approved a parking reduction in the last two self-storage, mini- warehouse zoning requests (1 per 100 storage cubicles). Screening - Not require a wall or fence along the southern property boundary. ➢The C-2 zoning requires a wall or fence of not less than six feet whenever a C-2 use abuts a multi-family residence zoning district. A future multi-family residence development will be located immediately to the south of the proposed development. Between the developments is a shared fire lane that will serve the purpose of east/west spine road between U.S. Highway 75 and future Buddy Hayes Boulevard. To improve the aesthetics the development is requesting to waive the fencing requirement and propose a 15-foot landscape buffer adjacent to the fire lane. PAGE 3 OF 5 Landscaping - Enhance the screening along the northern property boundary shared with the truck stop with the following. a. Minimum 6-foot wood fencing with masonry columns every 20 feet. b. Enhanced planting within the required 5-foot perimeter landscape area between the parking spaces and adjacent property to include: i. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and ii. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. Hours of operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays) Attached (Exhibit B) is additional information and justification provided by the applicant on the proposed development standards. Conformance with the Anna2050 Comprehensive Plan Future Land Use Plan – The Future Land Use Plan designates this property as Community Commercial. Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. Although self-storage, mini-warehouse is not identified as a retail or service land use the proposed development consists of a freestanding building that would provide a storage opportunity/service for neighbors that will be living within future surrounding multi-family developments. SUMMARY: The applicant is requesting to rezone the property to a Planned Development to allow for a self-storage, mini-warehouse development that will offer Truck leasing as a permitted accessory use. PAGE 4 OF 5 Some attributes the proposed zoning request provides includes: •Development will include a 3-story building that will serve as a visual buffer between the future multi-family development to the south and the existing truck stop to the north. •The proposed facility will have limited hours of operation and prohibit outside storage. •The proposed development form is a single, multi-story, climate-controlled building. •The applicant has agreed to enter into a Development Agreement that will include building design and material requirements. RECOMMENDATION: If the Commission votes in favor of the zoning request, below are recommended restrictions for the applicants’ zoning request: Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in C-2 General Commercial district and the Planning and Development Regulations except as otherwise specified herein. i. Zoning District Area Regulations: 1. Maximum height (feet): 3 story / 50 feet ii. Permitted Uses: 1. All uses allowed by-right and by specific use permit in the C- 2 General Commercial zoning districts with the following exceptions: PAGE 5 OF 5 a. Self-storage, mini-warehouse with Truck leasing as a permitted accessory use. iii. Storage: Outside storage and/or boat/RV storage is prohibited. iv. Screening: 1. No wall or fence shall be required along the southern property boundary. 2. Truck leasing vehicles are not required to be screened. v. Parking: Self-service warehouse - 1 per 40 storage cubicles and 10 spaces for truck leasing. vi. Landscaping - Landscaping shall conform to City ordinances with the following exception along the northern property boundary within the required 5-foot perimeter landscape area between the parking spaces and adjacent property: 1. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and 2. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. 3. A minimum 6-foot wood fencing with masonry columns every 20 feet. vii. Hours of Operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays). C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non- substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Concept Plan will expire after two (2) years of approval. Memorandum 100 N. Cottonwood Drive | Suite 104 | Richardson, Texas | 75080 | 214.810.4535 www.gldevco.com May 24, 2023 TO: City of Anna Planning and Development PO Box 776 Anna, TX 75409 REF: Anna Retail Addition Lot 9 Block A Request to rezone from C2 to PD-C2 Zoning Request Summary and Justification Existing Zoning: C-2 Requested Zoning: PD-C2 Ordinance C-2 Base Request Max Height 35 feet 50 feet Side Yard, Interior 5 feet Unchanged Rear Yard, Interior 10 feet Unchanged Front Yard 25 feet Unchanged Lot Area 10,000 SF Unchanged Lot Width 80 feet Unchanged Lot Depth 100 feet Unchanged Lot Coverage 70% Unchanged Use Add the use of Mini Warehouse/Self Storage and Truck Rental to this district subject to an approved site plan and conditions. Maximum of ten (10) trucks on site, no outside storage or boat/RV storage allowed. Hours of operation Office Hours: Summer Hours: Monday - Saturday, 9:00 A.M. To 6:00 P.M. Winter Hours: Monday - Saturday, 9:00 A.M. To 5:30 P.M. Sunday: Closed Closed on all major holidays Building Hours: Daily: 6:00 A.M. – 10:00 P.M. (including holidays) Security Building will have electronic entry and unit entry via smartphone or Bluetooth fob. 24/7 Video, recording during business hours, and live monitoring when closed. Memorandum 100 N. Cottonwood Drive | Suite 104 | Richardson, Texas | 75080 | 214.810.4535 www.gldevco.com Building Height Request to change the building height from 35 feet to 50 feet, Justification: Our floor-to-floor dimension for this use is 11’, resulting in a 33’ elevation to the top of the structure. The project requires additional height to properly screen the mechanical equipment per the current development code. Landscape Request to remove fencing requirement to multifamily: Multifamily already has landscaping barrier and fencing along the proposed spine road. Justification: this has a spine road straddling the property line to the south, which provides access for this mixed-use district between US 75 and Buddy Hayes. The multifamily PD already has a screening fence on the south side of the spine road. Adding another screen on this property would result in a “tunnel effect” along the spine road – by removing the requirement, the property would be more open to the district as a whole. A 15’ landscape buffer shall be provided on the north side of the spine road. North Buffer: provide a 5’ landscape buffer with a 6’-0” tall wood fence with masonry columns every 20’, evergreens every 20’, and shade trees every 40’. Justification: Existing fire lane in place. We propose to utilize head-in parking, which constrains the north buffer zone. We are adding multiple parking islands to provide ample space for shade trees every 40’ along the buffer zone. Remove landscape buffers on the east and west boundaries of the property. Justification: to the west, the existing fire lane is against the property line; we have the opportunity for an improved landscape area at the main entrance of the building. On the east, we provide a fire lane to straddle both sides of the property line, increasing the efficiencies of both properties. A 5’ landscape buffer shall be provided on the north side of the property. Parking Parking requirement is 1:20 storage units. We request a reduction to 1:40 storage units. Justification: While the current 1:20 ratio may make sense for a single-story, drive-up product, our experience is that parking requirements for a three-story conditioned building are much lower. We have successfully parked our projects at a 1:10,000 SF ratio. The site’s existing conditions allow us to provide ample parking for both passenger vehicles at a rate of 1 space for every 40 units excluding loading area spaces. As an additional community amenity, we propose to provide a minimum of four EV charging parking spaces available to the public. Request for Additional Parking for Truck Rental – 10 Truck maximum Justification: The site layout and orientation to adjacent current structures creates the opportunity to store trucks for rent in an area which is not easily seen from the right of way. We propose a maximum of 10 spaces for truck rentals. No outside storage is permitted (Boat/RV storage, vehicle storage, trailer storage, etc). Item No. 24. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on the Anna Retail Addition, Block A, Lot 9, Concept Plan. Applicant: Anna 31 Retail LP. SUMMARY: Self-storage, mini-warehouse on one lot on 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street. This concept plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose of the concept plan is to show the conceptual layout and related site improvements associated with a future self-storage, mini-warehouse development. The concept plan complies with the Planning and Development regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: If the rezoning request is recommended for approval, Concept Plan approval shall be subject to City Council approval of the zoning request. ATTACHMENTS: 1. Anna Retail Addition, Block A, Lot 9 Concept Plan Locator Map 2. Exhibit A - (CP) Anna Retail Addn, Bl A, Lt 9 3. P&Z Application W WHITE ST S CENTRAL EXPYUS HIGHWAY 75S BUDDY HAYES BLVDCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet May 2023 H:\Notification Maps\Notification Maps\ Concept Plan - Anna Retail Addition, Block A, Lot 9 Item No. 25. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 0.4± acre located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway from SF-1 Single-Family Residential to C-1 Restricted Commercial to allow for a proposed general office use. Applicant: Joe A. Greer, Jr. SUMMARY: The applicant is requesting to rezone the property to the Restricted Commercial (C-1) zoning district to allow for general office use. The intent of the C-1 zoning district is to accommodate the shopping needs of residents in adjacent residential areas and where service establishments deal directly with customers. A Site Plan, J.A. Greer Addition, Block A, Lot 1, accompanies this request. Surrounding Land Use and Zoning North Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District East Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District South Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District West Vacant lot zoned SF-1 Single-Family Residential District Future Land Use Plan – The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Neighborhood District, and identified as an Intown Residential character area. To the immediate west and south of the subject property is the Downtown Core District and areas identified as Adaptive Reuse / Infill character areas. • Intown Residential areas remain essential in maintaining and elevating the quality of each neighborhood. These areas can provide the critical residential base necessary to support the businesses envisioned for Downtown. • Adaptive Reuse/Infill areas encourage home conversion to small businesses or be redeveloped with new building types. While there may be some new development on these sites, they are not expected to be aggregated with other sites for redevelopment purposes. The applicant is looking to use the existing home, which dates back to the 1800’s, as a general office type use which would serve as a quieter commercial use and serve as a transition from the Downtown Core area to the Downtown Neighborhood Area. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Future Land Use Plan and Downtown Master Plan should not be viewed as a parcel-based map. The proposed zoning request involves the conversion of a former home to a small business which is in alignment of the Adaptive Reuse/Infill designation. ATTACHMENTS: 1. J.A. Greer Addition, Block A, Lot 1 Zoning Locator Map 2. PZ - STAFF REPORT (Zoning) - J.A. Greer Addition, Block A, Lot 1 3. Exhibit A - (SP) J.A. Greer Addition, Block A, Lot 1 4. P&Z Application E SECOND STN JAMES STN SHERLEY AV E FM 2862E FIRST STNRIGGINSSTNPOWELLPKWY N INTERURBAN STW SECOND ST W FIRST ST HACKBERRY DR AMORET CIRCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet June 2023 H:\Notification Maps\Notification Maps\ Zoning - J.A. Greer Addition, Block A, Lot 1 CITY OF ANNA Planning & Zoning Commission July 6, 2023 Public Hearing: Zoning – J.A. Greer Addition, Block A, Lot 1 Applicant: Joe A. Greer, Jr. DESCRIPTION: Request to rezone 0.4± acre located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway from SF-1 Single-Family Residential to C-1 Restricted Commercial to allow for a proposed general office use. REMARKS: The applicant is requesting to rezone the property to the Restricted Commercial (C-1) zoning district to allow for general office use. The intent of the C-1 zoning district is to accommodate the shopping needs of residents in adjacent residential areas and where service establishments deal directly with customers. A Site Plan, J.A. Greer Addition, Block A, Lot 1, accompanies this request. Surrounding Land Use and Zoning North Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District East Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District South Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District West Vacant lot zoned SF-1 Single-Family Residential District Future Land Use Plan – The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Neighborhood District, and identified as an Intown Residential character area. To the immediate west and south of the subject property is the Downtown Core District and areas identified as Adaptive Reuse / Infill character areas. •Intown Residential areas remain essential in maintaining and elevating the quality of each neighborhood. These areas can provide the critical residential base necessary to support the businesses envisioned for Downtown. •Adaptive Reuse/Infill areas encourage home conversion to small businesses or be redeveloped with new building types. While there may be some new development on these sites, they are not expected to be aggregated with other sites for redevelopment purposes. PAGE 2 OF 2 The applicant is looking to use the existing home, which dates back to the 1800’s, as a general office type use which would serve as a quieter commercial use and serve as a transition from the Downtown Core area to the Downtown Neighborhood Area. SUMMARY: The Future Land Use Plan and Downtown Master Plan should not be viewed as a parcel-based map. The proposed zoning request involves the conversion of a former home to a small business which is in alignment of the Adaptive Reuse/Infill designation. Item No. 26. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the J.A. Greer Addition, Block A, Lot 1, Site Plan. Applicant: Joe A. Greer, Jr. SUMMARY: General office on one lot on 0.4± acre located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway. This Site Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose of the Site Plan is to show the related site improvements associated with the proposed general office development. The Site Plan complies with the Planning and Development regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: If the rezoning request is recommended for approval, Site Plan approval shall be subject to City Council approval of the zoning request. ATTACHMENTS: 1. J.A. Greer Addition, Block A, Lot 1 Site Plan Locator Map 2. Exhibit A - (SP) J.A. Greer Addition, Block A, Lot 1 3. P&Z Application NS H E R L E Y AV ENRIGGINSST N INTERURBAN STHACKBERRY DR E FIRST STNPOWELLPKWYWFIRSTSTCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 100 20050 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - J.A. Greer Addition, Block A, Lot 1 Item No. 27. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 3.0± acres located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail to allow for a Communications Tower. Applicant: Centurion American. SUMMARY: The applicant is proposing to construct a commercial communications tower designed as a 90-foot stealth water tower. The proposed stealth water tower enclosure and associated equipment will be accessed from future Rosemond Parkway and located 60 feet from the right-of-way limits. A site plan (Exhibit A), Villages of Hurricane Creek - North, Block K, Lot 7X, accompanies this request. Surrounding Land Use and Zoning North On the north side of future Rosamond Parkway, single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) East Single-family residences, detached. Zoned Planned Development (Ord. No. 931- 2021) South Future common area lot. Zoned Planned Development (Ord. No. 886-2020) West On the west side of N. Shadybrook Trail, future single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) Proposed Planned Development Stipulations The requested zoning amendment is to allow for a commercial communications tower with modified development standards. There are two primary parts to this request: land use and design standards. Land Use – The applicant is proposing to construct a commercial communications tower on one of the common area lots located within Villages of Hurricane Creek, North, Phase 2. The City of Anna Zoning Ordinance currently prohibits commercial Radio, television, or microwave communications within the residential zoning districts other than within the Agricultural District. Design Standards - The language in the proposed Planned Development (PD) amendment would allow for modified development standards associated with the commercial communications tower. Height and area regulations – Sec. 9.04.033 (Special Uses) of the Zoning Ordinance has a maximum height of 65 feet including mast and antennas, measured from the ground in residential zoning districts. The applicant is proposing a 90-foot stealth commercial communications tower, with the appearance of a water tower and as an entry feature into the community. Setback - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance requires a minimum setback for towers, including mast and antennas, in excess of 30 feet in residential districts of not less than the height of the tower including mast and antennas minus 30 feet from the nearest property line. With a 90-foot tower, the minimum setback from property lines is 60 feet. The regulation does not distinguish setbacks between the tower and the accessory equipment. o The proposed tower meets the 60-foot setback from all property lines. The associated screened equipment yard is proposed to be 22 feet from the southern property line. o The property to the south is also a common area lot in the future Villages of Hurricane Creek, Phase 3, subdivision which is part of the overall same master planned development. Residential adjacency - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance does not discuss a distance separation from residential properties for a commercial communications tower located within a residential district. Within the specific requirements for towers located in nonresidential districts, it states: The minimum distance to a residential property line (measured from any point on the tower) shall be two times the total height of the tower (including any mast or antennas). When overlaying the proposed site plan with the previously approved Revised Preliminary Plat for the Villages of Hurricane Creek and the Final Plats for the Villages of Hurricane Creek, North, the minimum distance for the tower would be more than 140 feet to the nearest residential lot line. The minimum distance of the accessory equipment yard would be 80 feet. As part of the zoning request the developer is proposing a stipulation that will maintain the existing stand of trees in between the tower and future residential lots. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: If the Commission votes in favor of the zoning request, below are recommended restrictions to place on the Planned Development zoning: Restrictions: 1. The location of the commercial Radio, television, or microwave communications operation (commercial communications tower) shall be in substantial conformance with the Site Plan (Exhibit A). 2. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Planned Development (Ord. No. 931-2021) zoning district and the Planning and Development Regulations except as otherwise specified herein. a. Commercial Communications Towers: i. Maximum height: 90 feet including mast and antennas, measured from the ground. ii. Minimum front yard setback: 60 feet iii. Minimum setback from the southern property line: 20 feet iv. Minimum residential adjacency separation: 1. Tower: 140 feet 2. Accessory equipment: 80 feet v. Design: The commercial communication towers shall utilize a stealth design and screening elements in substantial conformance with the Site Plan. b. Landscaping: i. The existing stand of trees located to the east and south of the proposed commercial communication tower enclosure shall be preserved. ii. Landscaping and enclosure screening shall be in substantial conformance as shown on the Site Plan (Exhibit A). ATTACHMENTS: 1. Communications Tower Zoning Amendment Request Locator Map 2. PZ - STAFF REPORT (Zoning) - Villages of Hurricane Creek Communications Tower 3. Exhibit A (SP) VHCN, Block K, Lot 7X 4. Application N S H A D Y B R O O K T R LMISTYBROOKDR WILDERNESS POINTLNB L U E S P RING DR RUNN I N G S P R I N G S D R STARLIGHTDRTIMBERSHADEDRLONEROCKDRLOFTWOOD L N ASHBROOK LN WINDY HILL LN STILL CREEK LNFAIRDALE DRVALLEYPINESDRL A K E VIL L A G E D R BURWICK LN M O R NIN G D E W DR FAWNCREEK DRFORESTMANOR LNSTERLINGHILLLNMEADOWSPRINGLNCAPERMEADOWDRSTOCKPO R T D R FLINTROCK LN CROSS SHORE DR RIVERLAWN DR Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Communications Tower Zoning Amendment Request CITY OF ANNA PLANNING & ZONING COMMISSION July 6, 2023 Zoning Amendment & Site Plan: Villages of Hurricane Creek Communications Tower Applicant: Centurion American DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a request to amend a planned development (Ord. No. 931-2021) to allow a commercial Radio, television, or microwave communications operation (commercial communications tower) with modified standards on Villages of Hurricane Creek, North, Phase 2, Block K, Lot 7X on 3.0± acres located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail. Applicant: Centurion American. REMARKS: The applicant is proposing to construct a commercial communications tower designed as a 90-foot stealth water tower. The proposed stealth water tower enclosure and associated equipment will be accessed from future Rosemond Parkway and located 60 feet from the right-of-way limits. A site plan (Exhibit A) for the communications tower accompanies this request. Surrounding Land Use and Zoning North On the north side of future Rosamond Parkway, single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) East Single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) South Future common area lot. Zoned Planned Development (Ord. No. 886-2020) West On the west side of N. Shadybrook Trail, future single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) Proposed Planned Development Stipulations The requested zoning amendment is to allow for a commercial communications tower with modified development standards. There are two primary parts to this request: land use and design standards. Land Use – The applicant is proposing to construct a commercial communications tower on one of the common area lots located within Villages of Hurricane Creek, North, Phase 2. The City of Anna Zoning Ordinance currently prohibits commercial Radio, television, or microwave communications within the residential zoning districts other than within the Agricultural District. Design Standards - The language in the proposed Planned Development (PD) amendment would allow for modified development standards associated with the commercial communications tower. Height and area regulations – Sec. 9.04.033 (Special Uses) of the Zoning Ordinance has a maximum height of 65 feet including mast and antennas, measured from the ground in residential zoning districts. ➢The applicant is proposing a 90-foot stealth commercial communications tower, with the appearance of a water tower and as an entry feature into the community. Setback - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance requires a minimum setback for towers, including mast and antennas, in excess of 30 feet in residential districts of not less than the height of the tower including mast and antennas minus 30 feet from the nearest property line. ➢With a 90-foot tower, the minimum setback from property lines is 60 feet. The regulation does not distinguish setbacks between the tower and the accessory equipment. o The proposed tower meets the 60-foot setback from all property lines. The associated screened, equipment yard is proposed to be 22 feet from the southern property line. o The property to the south is also a common area lot in the future Villages of Hurricane Creek, Phase 3, subdivision which is part of the overall same master planned development. Residential adjacency - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance does not discuss a distance separation from residential properties for a commercial communications tower located within a residential district. Within the specific requirements for towers located in nonresidential districts, it states: The minimum distance to a residential property line (measured from any point on the tower) shall be two times the total height of tower (including any mast or antennas). ➢When overlaying the proposed site plan with the previously approved Revised Preliminary Plat for the Villages of Hurricane Creek and the Final Plats for the Villages of Hurricane Creek, North, the minimum distance for the tower would be more than 140 feet to the nearest residential lot line. The minimum distance of the accessory equipment yard would be 80 feet. ➢As part of the zoning request the developer is proposing a stipulation that will maintain the existing stand of trees in between the tower and future residential lots. RECOMMENDATION: If the Commission votes in favor of the zoning request, below are recommended restrictions to place on the Planned Development zoning: Restrictions: 1. The location of the commercial Radio, television, or microwave communications operation (commercial communications tower) shall be in substantial conformance with the Site Plan (Exhibit A). 2. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Planned Development (Ord. No. 931-2021) zoning district and the Planning and Development Regulations except as otherwise specified herein. a. Commercial Communications Towers: i. Maximum height: 90 feet including mast and antennas, measured from the ground. ii. Minimum front yard setback: 60 feet iii. Minimum setback from the southern property line: 20 feet iv. Minimum residential adjacency separation: 1. Tower: 140 feet 2. Accessory equipment: 80 feet v. Design: The commercial communication towers shall utilize a stealth design and screening elements in substantial conformance with the Site Plan. b. Landscaping: i. The existing stand of trees located to the east and south of the proposed commercial communication tower enclosure shall be preserved. ii.Landscaping and enclosure screening shall be in substantial conformance as shown on the Site Plan (Exhibit A). OVERALL SITE PLANOVERALL SITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'PHASE 3PHASE 1PHASE 2LEGENDSHADYBROOK TRAILSTOCKPORT DR.TRACT 1MM ANNA 325, LLCFN 20190411000386110O.P.R.C.C.T.TRACT 2CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.TRACT 1CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.PHASE 2Z-1CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANPHASE 1VILLAGES OFHURRICANE CREEKNORTH, PHASE 1FN 20231000160O.P.R.C.C.EXHIBIT A1 OF 4 ENLARGED SITE PLANENLARGEDSITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'LEGENDZ-2CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A2 OF 4 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)LEGENDZ-3CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A3 OF 4 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)VERIZON - ANTENNA PLAN @ 85' RAD CENTER101'SCALE: 3/4" = 1'-0" (24x36)(OR) 3/8" = 1'-0" (11x17)1'2'Z-4CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A4 OF 4 Owner Authorization and Representative Designation THE CUT OF Subdivision: Hurricane Creek Zoning Ctassification(s): pp-R Total Number of Acres: 0.05739 Total Number of Lots: ^L Location: IQQ Rpsewav St, Anna TX 75409 /Laf 33.357667 Long: -96.594459 Name/Company: Trevor Kollinaer - Centurion American Address: 1800 Valley View Lane. Suite 300 City: Farmers Branch State: TX Zip Code:75234 Phone: 214-728-8383 Email: trevorfSicenturionamerican.com Project Representation (check one): D I will represent the application myself; OR El I hereby designate C.A. Bass. LLC _ (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request qf the City of Anna. Property Owner's Signature: /y*-^v-^--/^--i*--/^ _ Date: t'2/^ /^-z--? STATE OF: _^)^_ COUNTY OF: 'bq^QS> BEFORE ME, a Notary Public, on this day personally appeared _^' \&V\rcf <-<) J\Av^!^s i' (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." SUf this the day of ,^\ ANA ANASTA$]|A MARTIN Notary ID #132985233 /^, My Commissi'on Expires ^tar^/ March 1,9, 2025 C^as4^~i ^20 ^?. ,RY PUBLIC in and for the State of Texas D Engineer D Purchaser D Tenant B Preparer D Other (specify): Name: Lisa Smith Company: C.A. Bass. LLC Add ress: 11710 FM 2661 City: Tvler Phone: ^9031596-8464 State: TX _ Zip Code: 75709 Email: Dermittina@cabass.net Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75049 . 972.924.2616 . www.annatexas.eov Item No. 28. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the Villages of Hurricane Creek - North, Block K, Lot 7X, Site Plan. Applicant: Centurion American. SUMMARY: Communications tower on one lot on 3.0± acres located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail. Zoned: Planned Development (Ord. No. 932-2021). The purpose of the Site Plan is to show the proposed communications tower site improvements. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: If the zoning case is recommended for approval, the Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is recommended for approval subject to City Council approval of the zoning request and additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Villages of Hurricane Creek - North, Block K, Lot 7X Locator Map 2. Exhibit A (SP) VHCN, Block K, Lot 7X 3. Application N S H A D Y B R O O K T R LMISTYBROOKDR WILDERNESS POINTLNB L U E S P RING DR RUNN I N G S P R I N G S D R STARLIGHTDRTIMBERSHADEDRLONEROCKDRLOFTWOOD L N ASHBROOK LN SU M M E R RA I N L N WINDY HILL LN STILL CREEK LNFAIRDALE DRVALLEYPINESDRL A K E VIL L A G E D R BURWICK LN M O R NIN G D E W DR FAWNCREEK DRFORESTMANOR LNSTERLINGHILLLNMEADOWSPRINGLNCAPERMEADOWDRSTOCKPO R T D R FLINTROCK LN CROSS SHORE DR RIVERLAWN DR Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - Villages of Hurricane Creek - North, Block K, Lot 7X OVERALL SITE PLANOVERALL SITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'PHASE 3PHASE 1PHASE 2LEGENDSHADYBROOK TRAILSTOCKPORT DR.TRACT 1MM ANNA 325, LLCFN 20190411000386110O.P.R.C.C.T.TRACT 2CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.TRACT 1CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.PHASE 2Z-1CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANPHASE 1VILLAGES OFHURRICANE CREEKNORTH, PHASE 1FN 20231000160O.P.R.C.C.EXHIBIT A1 OF 4 ENLARGED SITE PLANENLARGEDSITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'LEGENDZ-2CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A2 OF 4 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)LEGENDZ-3CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A3 OF 4 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)VERIZON - ANTENNA PLAN @ 85' RAD CENTER101'SCALE: 3/4" = 1'-0" (24x36)(OR) 3/8" = 1'-0" (11x17)1'2'Z-4CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A4 OF 4 Owner Authorization and Representative Designation THE CUT OF Subdivision: Hurricane Creek Zoning Ctassification(s): pp-R Total Number of Acres: 0.05739 Total Number of Lots: ^L Location: IQQ Rpsewav St, Anna TX 75409 /Laf 33.357667 Long: -96.594459 Name/Company: Trevor Kollinaer - Centurion American Address: 1800 Valley View Lane. Suite 300 City: Farmers Branch State: TX Zip Code:75234 Phone: 214-728-8383 Email: trevorfSicenturionamerican.com Project Representation (check one): D I will represent the application myself; OR El I hereby designate C.A. Bass. LLC _ (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request qf the City of Anna. Property Owner's Signature: /y*-^v-^--/^--i*--/^ _ Date: t'2/^ /^-z--? STATE OF: _^)^_ COUNTY OF: 'bq^QS> BEFORE ME, a Notary Public, on this day personally appeared _^' \&V\rcf <-<) J\Av^!^s i' (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." SUf this the day of ,^\ ANA ANASTA$]|A MARTIN Notary ID #132985233 /^, My Commissi'on Expires ^tar^/ March 1,9, 2025 C^as4^~i ^20 ^?. ,RY PUBLIC in and for the State of Texas D Engineer D Purchaser D Tenant B Preparer D Other (specify): Name: Lisa Smith Company: C.A. Bass. LLC Add ress: 11710 FM 2661 City: Tvler Phone: ^9031596-8464 State: TX _ Zip Code: 75709 Email: Dermittina@cabass.net Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75049 . 972.924.2616 . www.annatexas.eov Item No. 29. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 7/6/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to amend zoning on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway to allow for a proposed library and existing civic center uses with modified development standards. Applicant: The City of Anna. SUMMARY: The property’s current zoning, established in 2019 (Ord. No. 831-2019), is a Planned Development with the base zoning of CBRD Central Business Redevelopment District (CBRD). The request is to amend standards established as part of the 2019 zoning and current CBRD development standards to accommodate the construction of the new library and existing municipal complex site improvements. 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. A concept plan (Exhibit A), Anna Municipal Complex Addition, Block A, Lot 1 accompanies this request. Proposed Planned Development Stipulations The language in the proposed PD district will modify existing PD standards and current development standards by: • Removing an existing PD stipulation requiring 25-foot landscape areas at intersection corners of two public streets. • Modify the CBRD height and front yard setback requirements. • Exempt the property from the 20-foot landscape setback requirement and 600 square foot landscape area requirement at the intersection of two dedicated streets. • Exempt the property from the signage regulations. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly, Unique, Vibrant, and Active. STAFF RECOMMENDATIONS: The land use is not proposing to change on the property. The zoning amendment request modifies the existing zoning to accommodate the proposed library and existing municipal complex site improvements. If the Commission votes in favor of the zoning amendment request, below are recommended restrictions: Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the CBRD Central Business Redevelopment District (CBRD) zoning district and the Planning and Development Regulations except as modified per Ord. No. 831-2019 and as otherwise specified herein. (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) i. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. ii. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. iii. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. iv. For all nonresidential parcels located at the intersection of two dedicated public streets (rights-of-way), 25-foot landscape areas shall be provided at the intersection corners within 3 years of a third building being constructed on the site. iv. Zoning District Area Regulations: 1. Maximum height (feet): 50 2. Front yard (feet): a. 5th Street and Riggins Street: 0 b. S. Powell Parkway: 40 c. 7th Street: 45 v. Landscaping shall conform to City ordinances with the following exceptions: 1. Exempt from the 20-foot landscape setback requirement along major thoroughfares. 2. Exempt from the 600 square foot landscape area at the intersection of two dedicated public streets. vi. Signage: The property shall be exempt from the signage regulations. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non- substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Revised Site Plan will expire after two (2) years of approval. ATTACHMENTS: 1. Anna Municipal Complex Addition, Block A, Lot 1 Zoning Locator Map 2. PZ - STAFF REPORT (Zoning) - Anna Municipal Complex Addition, Block A, Lot 1 3. EXHIBIT A - RSP (Anna Municipal Complex, Bl A, Lt 1) 4. Ord. No. 831-2019 (existing PD zoning) E WHITE ST E SEVENTH STSRIGGINSST SINTERURBANSTE THIRD STN JAMES STN POWELLPKWYN INTERURBAN STNSHERLEYAVEN RIGGINS STW FIFTH ST ESECONDSTS JAMES STW FOURTH ST N EASTON DRSPOWELLPKWYHARPERSTW THIRD ST E FIFTH ST E FOURTH ST W SEVENTH ST W EIGHTH ST SSHERLEYAVEE EIGHTH STSEASTONDR WORTHAM STW WHITE ST E SIXTH ST Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Zoning - Anna Municipal Complex Addition, Block A, Lot 1 ZONING – ANNA MUNICIPAL COMPLEX PAGE 1 OF 3 CITY OF ANNA PLANNING & ZONING COMMISSION January 3, 2023 Public Hearing: Zoning Amendment – Anna Municipal Complex Applicant: City of Anna DESCRIPTION: Request to amend zoning on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway to allow for a proposed library and existing civic center uses with modified development standards. REMARKS: The property’s current zoning, established in 2019 (Ord. No. 831-2019), is a Planned Development with the base zoning of CBRD Central Business Redevelopment District (CBRD). The request is to amend standards established as part of the 2019 zoning and current CBRD development standards to accommodate the construction of the new library and existing municipal complex site improvements. 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. A concept plan (Exhibit A), Anna Municipal Complex Addition, Block A, Lot 1 accompanies this request. Proposed Planned Development Stipulations The language in the proposed PD district will modify existing PD standards and current development standards by: •Removing an existing PD stipulation requiring 25-foot landscape areas at intersection corners of two public streets. •Modify the CBRD height and front yard setback requirements. ZONING – ANNA MUNICIPAL COMPLEX PAGE 2 OF 3 •Exempt the property from the 20-foot landscape setback requirement and 600 square foot landscape area requirement at the intersection of two dedicated streets. •Exempt the property from the signage regulations. CONCLUSION: The land use is not proposing to change on the property. The zoning amendment request modifies the existing zoning to accommodate the proposed library and existing municipal complex site improvements. RECOMMENDATION: If the Commission votes in favor of the zoning amendment request, below are recommended restrictions: Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the CBRD Central Business Redevelopment District (CBRD) zoning district and the Planning and Development Regulations except as modified per Ord. No. 831-2019 and as otherwise specified herein. (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) i. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. ii. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. iii. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. ZONING – ANNA MUNICIPAL COMPLEX PAGE 3 OF 3 iv. For all nonresidential parcels located at the intersection of two dedicated public streets (rights-of-way), 25-foot landscape areas shall be provided at the intersection corners within 3 years of a third building being constructed on the site. iv. Zoning District Area Regulations: 1. Maximum height (feet): 50 2. Front yard (feet): a. 5th Street and Riggins Street: 0 b. S. Powell Parkway: 40 c. 7th Street: 45 v. Landscaping shall conform to City ordinances with the following exceptions: 1. Exempt from the 20-foot landscape setback requirement along major thoroughfares. 2. Exempt from the 600 square foot landscape area at the intersection of two dedicated public streets. vi. Signage: The property shall be exempt from the signage regulations. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non-substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Revised Site Plan will expire after two (2) years of approval. wwFDCPIVLPLPLPLPLPLPLPLPPROPOSED PUBLIC LIBRARY19,609 SQ.FT.FFE = 708.35'10" SA86237717171614141211998111239986LPLPLPLPLPLPLPLPLPLPLPLPPPOEOESASASA4SA4" SA12ST6STGGGGGGEFHGVLPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPOEOEOEOE OE OE OE OE PPOEOEOEOEOEOEOE OE OEOEOEOEOEOE OEOEOEOEOELPOEOEOEOEOEOEOEOEOEOEOEOEOELPOEOEOEOEOEOEOELPLPLPLPSASASALPSASASTSASASA6SA6SA6SA10SA 10SA 10SA 10SA10SA10SA10SA10SA10SA10SA10SA10SA10SAW. 7TH ST.(80' R.O.W.)WEST 5TH ST.(60' R.O.W.)S. INTERURBAN ST.(80' R.O.W.)ANNA CITY HALLFFE = 710.00'SOUTH RIGGINSST.(VARIABLE WIDTH R.O.W.)RAILROADRESERVATIONANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ABOOK 2022, PAGE 47135,8799.84 SQ.FT., 8.23 ACZONEING: PD - CLPLPLPLPcocococo18ST24ST24ST24ST24ST24ST24ST24ST24ST 24ST24ST24ST2 4 S T 2 4 S T ANNA FIRE DEPARTMENTFFE = 706.00'S. POWELL PKWY. (HWY 5)(80' R.O.W.)INDEPENDENT BANK ADDITIONVOLUME P, PG. 209P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 15 & 16, B4OLD ANNA DONATION PLAT20171102001465190O.P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 1, 2, 3, 4, & 5A, B4OLD ANNA DONATION PLAT20180806000981570O.P.R.C.C.T.VICKY L. RUTELEDGE ANDHUSBAND, MIKE L. RUTELEDGECALLED 0.48 ACRESVOL. 5346, PG. 5671O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.333 ACRESDOC. NO. 20210518001000670O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.36 ACRESDOC. NO. 20171020001402590O.P.R.C.C.T.ERIC SANTIBENEZ AND WIFE,LAURA HERNANDEZCALLED 0.131 ACRESDOC. NO. 20130611000801170O.P.R.C.C.T.JAMES D. HENDRICKSCALLED LOTS 6&7, B1 (PLAT 21-368)DOC. NO. 20151123001466040O.P.R.C.C.T.SCOTT AND ASHLEY ANDERSONAS COMMUNITY PROPERTYCALLED LOTS 4&5, B1 (PLAT 21-368)O.P.R.C.C.T.6SA6SA6SA6SA6SA6SA6SA6SA1 8 S T 1 8 S T 18ST 18ST 24ST24ST24ST24ST24ST18ST6W6WUEUEUEUEGGGGGGGGGGGGGG8W8W8W8W8W8W8W8W8W8W8W6WSTSTST STSTSTSTSTSTSTSTSTSTSTSTST FOFOFOFOFOFOFOFOFOFOFOFOFO6W6WFHFHFO FO FO FO FO FO FO FOFO2G2G2G2G2G2G2G2G2G2G2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G 3G 3G 3G 3G 2G2G2G 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8W12W12W12W12W8W8W8W8W8W8W8W8W8WFO FO FOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFO8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W FHFHBM 1FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOFOUEUEUEUEUEUEUE UEUEUE 18ST10SA10SA10SADATA6" ST6" ST2" WA6" WA6ST6ST6ST2" GAS10SA10SA10SA10SA6STFOFOUEUEUEUEUEUEUEUE700700700 700705705705 705705705710710698698699699699699701701 701701702702702702703703 704704 704704706 706706706706706707 707707707 707708708708708708 709709709709709711711700700700705705698699699699701701701702703703703704704704704700705705705705705705698699701702702702 703703 703703703704704 704704 7067067067067067 0 6 707707707707708708703703704704710709698698699699 57.0'30.0'50.0'24.0'10" SA12" ST701702704704705 706708 708709701699 ANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK A358,498.8 SQ.FT., 8.23 AC20.0'9.0'191815108131091315CAUTION! EX. 2" GAS LINECAUTION! EX. 3" GAS LINECAUTION! EX. 3" GAS LINEEX. DUMPSTER PADEX. 6'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. 24" STORMSEWER LINEEX. 8" WATER LINEEX. 6" WATER LINEEX. 18" STORMSEWER LINEEX. 18' STORM SEWER LINEEX. 6" WATER LINECAUTION! EX. 2" GAS LINEEX. 6" SANITARYSEWER LINEEX. 8' WATER LINEEX. 8" WATER LINEEX. 12" WATER LINEPROP. 6' WIDE SIDEWALKEX. 6' WIDECROSSWALKEX. 10' WIDE HIKEAND BIKE TRAILEX. 12' WIDECROSSWALKEX. 12' WIDECROSSWALKEX. RAISED CROSSWALKSPEED RAMP TYP.EX. DATA LINEEX. 8" WATER LINEEX. 8" WATER LINEEX. FIBER OPTIC LINEEX. TREE TYP.EX. 18" STORM SEWER LINEPROP. RAMP, TYP.EX. ADA PARKING TYP.EX. 24" STORM SEWER LINEEX. SANITARYSEWER MANHOLEPROP. SANITARYSEWER MANHOLEPROP. JUNCTIONBOX & GRATE INLETPROP. 12'WIDE SIDEWALKEX. RAMPEX. FIRE HYDRANT TYP.EX. PARKING, TYP.EX. 24" STORMSEWER LINECAUTION! EX. OVERHEAD ELECTRIC LINECAUTION! EX. 2" GAS LINECAUTION! EX. OVERHEAD ELECTRICALEX. POWER POLE, TYPCAUTION! EX. OVERHEAD ELECTRICALCAUTION! EX. OVERHEAD ELECTRICALEX. CROSSWALKEX. 10'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. ADA PARKING, TYP.EX. CONCRETE PAVEMENTCAUTION! EX. OVERHEAD ELECTRICALPROP. BOOK DROPLOCATIONEX. ADARAMPEX. REMOVABLEBOLLARDSEXISTING 10' TELECOM EASEMENTPROP. 5X15'WIDE PLANTERS (TYP.)PROP. 18'WIDE SIDEWALKPROP. 8' WIDESIDEWALKEX. FIRE HYDRANTEX. PARKING, TYPEX. SANITARY MANHOLEEX. CONCRETE PAVEMENTEX. POWER POLE, TYPPROP. ROOF DRAINCONNECTION, TYP.PROP. GRATE INLETPROP. FDCCONNECTIONAREA DRAINAREA DRAINEX. FENCEEX. GENERATOR DOCKING STATIONEX. TRANSFORMEREX. SWITCHGEAREX. SANITARY MANHOLEEX. STORM SEWER GRATE INLETEX. DATAEX. STORM SEWER GRATE INLETEX. ADARAMPEX. FIRE HYDRANTEX. FIRE HYDRANTBUILDINGSETBACKEX. ADA PARKING, TYP.S 89°13'03" E - 562.74'S 44°28'08" E - 14.11'S 0°44'08" W - 589.35'N 89°14'59" W - 596.47'N 47°16'56" E - 13.83'174.3'162.4'PROPOSED PUBLIC LIBRARY19,609 SQ.FT.2-STORY (39')FFE = 708.35'86. 7 '41.5'EX. CENTERLINEEX. CENTERLINE80.0' 60.0'WEST 5TH ST.(60' R.O.W.)(26' WIDE CONCRETE PAVEMENT)W. 7TH ST.(80' R.O.W.)(26' WIDE CONCRETE PAVEMENT)26.0'EX. PARKING, TYP.20.0'9.0'1111116612BUILDINGSETBACKS 33°18'43" E - 32.40'S 1°26'26" E - 20.68'S 4°24'46" W - 66.73'S 4°39'49" W - 216.16'S 3°42'31" W - 173.73'S 3°42'16" W - 86.95'40.0'20.0'EX. LANDSCAPEBUFFER110.3'61.1'15'UTILITY EASMENTVOL. P, PG. 278P.R.C.C.T37.2'154.1'199.7'13177.3'226.2'73.0'26.0'45.0'CAUTION! EX. GAS LINEEX. 8" WATER LINEEX. LANDSCAPEBUFFERANNA FIRE DEPARTMENTFFE = 706.00'15,500 SQ.FT.ANNA CITY HALLFFE = 710.00'24,600 SQ.FT.SASA SA24ST8W 191815 1081310 91315111111661213BMPROJECT BENCHMARK:1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDSOUTHEAST OF THE INTERSECTIONOF W. 5TH ST. & S. RIGGINS ST.ELEVATION = 709.27'1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDNORTHWEST OF THEINTERSECTION OF S. RIGGINS ST. &W. 7TH ST. APPROXIMATELY 66FEET NORTH OF METER VAULTELEVATION = 704.61'NCAUTION: CONTACT TEXAS 811 AND LOCAL UTILITYPROVIDERS TO LOCATE EXISTING UTILITIES PRIOR TOCONSTRUCTION.CONTACT GESSNER ENGINEERINGIF CONFLICTS OCCUR.0SCALE: 1"= 20'204060PROJECTLOCATIONWEST 5TH ST.WEST 7TH ST.SOUTH POWELL PKWY. SOUTH RIGGENS ST.VICINITY MAP SCALE: 1" = 400'N0SCALE: 1"= 40'4080120LEGENDFHSTLPOE340340WSAPAEPUEBRICK PAVERSLIMITS OF CONSTRUCTIONPROPERTY LINEEASEMENTEXISTING CONTOURSPROPOSED CONTOURSSTORM LINEWATER LINESANITARY SEWER LINEGAS LINEDATA/TELECOMUNDERGROUND ELECTRICFIBER OPTICOVERHEAD ELECTRICFIRE HYDRANTWATER METERGATE VALVEFIRE DEPARTMENT CONNECTIONPOST INDICATOR VALVESANITARY SEWER MANHOLESANITARY SEWER CLEANOUTSTORM SEWER CURB INLETLIGHT POLEPROPOSED PUBLIC ACCESS EASEMENTPROPOSED UTILITY EASEMENTGTUEFOFDCPIVwwSASTLOCISSUE DATE:PROJECT #:DRAWN BY:CHECKED BY:CORPORATE OFFICE401 W 26TH STBRYAN, TEXAS 77803www.gessnerengineering.comBRENHAM979.836.6855BRYAN979.680.8840FORT WORTH817.405.0774GEORGETOWN512.930.5832SAN ANTONIO210.305.4792TBPELS FIRM REGISTRATION NUMBERS:F-7451 & F-101914599CIVIL | CMT | GEOTECHNICALSTRUCTURAL | SURVEYPJJP06-07-202322-0490TOPOGRAPHICSURVEY EXHIBITREVISED SITE PLANANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ACITY OF ANNA, TEXASBEING 8.234 ACRESOUT OFHENRY BRANTLEY SURVEY, ABSTRACT NO.71REVISED: 9-26-224'' CONCRETE BIKE PATH4" CONCRETE SIDEWALKFIRE LANENOTES:THE PURPOSE OF THE REVISED SITE PLAN IS FOR THE ADDITIONOF THE PUBLIC LIBRARY AND ASSOCIATED SITE IMPROVEMENTS CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located north of 7ih Street, south of W.5th Street, east of SH 5 and west of S. Riggins Street) ORDINANCE NO. to\-JOl9 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 PENAL TY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENAL TY 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 of the City; and WHEREAS, the City has received a requested zoning change on Property descried in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located north of 7th Street, south of W .5th Street, east of SH 5 and west of S. Riggins Street is rezoned from (C-1) Restricted Commercial District to (PD) Planned Development; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above 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 111-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Restricted Commercial District (C-1) to Planned Development (PD) Zoning. The Planned Development (PD) zoning regulations limit the use of the property or any part thereof to those permitted in the Central Business Redevelopment District (CBRD) with restrictions and additions as set forth below: 1. Purpose. The purpose of this Planned Development District is to facilitate the development of downtown Anna, preserve the historical center of the city, maintain the economic and historic integrity of the area and to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain residential, institutional, retail and office uses. 2. Definitions Except as otherwise provided herein, the definitions in Section 4 of the City's Zoning Ordinance shall apply. 3. Development Standards. a. "CBRD" Property. Development of the Property must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "CBRD", Central Business Redevelopment District, except as otherwise provided herein. 1. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. 2. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. 3. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. 4. For all nonresidential parcels located at the intersection of two dedicated public streets (rights-of-way), 25-foot landscape areas shall be provided at the intersection corners within 3 years of a third building being constructed on the site. 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 be the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clause, 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 5. 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. PASSED by the City Council of the City of Anna, Texas, on this 10th day of September 2019. APPROV~ W ,,,1111111111111,,, ,,,, 0 F A 1111' ,,,,_, Iv 1,.,,.,,, v"..' ·•······ ~ ~ Nale Pike, Mayor (~_.*··· ··s ~l s * ·. : ~ ~ ·.. ..· * § ~ * .. . ... ·.s- ·A TT EST --✓✓✓,,, ,:E· .)( .. "'S ,,"'' ,,,, r ,,,, C,r1M1R., o{ kill?""""""' Carrie Smith, City Secretary EXHIBIT "A" PROPERTY DESCRIPTION ANNA MUNCIPAL COMPLEX ADDITION CITY OF ANNA, TEXAS Being 8.241 Acres out of the HENRY BRANTLEY SURVEY, ABSTRACT NO. 71 and the ANNA ORIGINAL DONATION ADDITION, BLOCKS 2 & 3 and being Tracts 11, 146,147, 198 of the Henry Brantley Survey, Abstract 71 Lots 1-5, 8 & 9 Block 2; and Lots 1-5 & 6R Block 3 of the Anna Original Donation Addition All Abandoned Alleys in Block 2 and 3 of the Anna Original Donation Addition All the 80-foot wide Right of Way of 6th Street in the Anna Original donation Addition Southernmost 20-foot wide strip of 5th Street Right of Way in the Anna Original Donation Addition EXHIBIT "B" PROPERTY LOCATION i .ULI_J __ E; ____ _ 1--r .1 11~-, --i --_i ttLJ . - - - ~NO.LSY:11 >---- i--- - -- - -r~ l!>ltd NH31H.1nos Iii -~~-----' w --~----< II: t; "HO H31dHltH H.L1ni. ".LS WVH.LUOM ~ '----i H (I) ~ f---z: .. ~ '----'-------I.:~ '-----'----'---__J .LiliUI.LS NO.LSY:11 ' ~ LJ -□ I f---- .___ -.___ f--- .13131H.1S SNl991H -tn aAn10 vsow,wr'---~- ; !: w t---1-----1:: 1------11--------1 w Ill: > t---1-----1 0 ii! f--f-----l C Cl 1---1----<0 Ill: :::, w ,___,__-----'; ; ~ I - >--- II') II') 'II' :ii ~ I-w w II: I- II) w I- i i f 3131H.1S Nltl I (S "H"S) AltM>tHltd 11:IMOd 8 3 ! -~DIC/ Item No. 30. Planning and Zoning Commission Agenda Staff Report Meeting Date: 7/6/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on the Anna Municipal Complex Addition, Block A, Lot 1, Revised Site Plan. Applicant: City of Anna SUMMARY: Library and existing civic center uses on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway. This Revised Site Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the Revised Site Plan is to show the proposed library site improvements. The Revised Site Plan complies with the Planning and Development regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: If the zoning amendment is recommended for approval, Revised Site Plan approval shall be subject to City Council approval of the zoning request and subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly, Unique, Vibrant, and Active. ATTACHMENTS: 1. Anna Municipal Complex Addition Block A Lot 1 Revised Site Plan Locator Map 2. EXHIBIT A - RSP (Anna Municipal Complex, Bl A, Lt 1) E WHITE ST E SEVENTH STSRIGGINSST SINTERURBANSTE THIRD STN JAMES STN POWELLPKWYN INTERURBAN STNSHERLEYAVEN RIGGINS STW FIFTH ST ESECONDSTS JAMES STW FOURTH ST N EASTON DRSPOWELLPKWYHARPERSTW THIRD ST E FIFTH ST E FOURTH ST W SEVENTH ST W EIGHTH ST S SHERLEY AVEE EIGHTH STSEASTONDR WORTHAM STW WHITE ST E SIXTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Revised Site Plan - Anna Municipal Complex Addition, Block A, Lot 1 wwFDCPIVLPLPLPLPLPLPLPLPPROPOSED PUBLIC LIBRARY19,609 SQ.FT.FFE = 708.35'10" SA86237717171614141211998111239986LPLPLPLPLPLPLPLPLPLPLPLPPPOEOESASASA4SA4" SA12ST6STGGGGGGEFHGVLPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPOEOEOEOE OE OE OE OE PPOEOEOEOEOEOEOE OE OEOEOEOEOEOE OEOEOEOEOELPOEOEOEOEOEOEOEOEOEOEOEOEOELPOEOEOEOEOEOEOELPLPLPLPSASASALPSASASTSASASA6SA6SA6SA10SA 10SA 10SA 10SA10SA10SA10SA10SA10SA10SA10SA10SA10SAW. 7TH ST.(80' R.O.W.)WEST 5TH ST.(60' R.O.W.)S. INTERURBAN ST.(80' R.O.W.)ANNA CITY HALLFFE = 710.00'SOUTH RIGGINSST.(VARIABLE WIDTH R.O.W.)RAILROADRESERVATIONANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ABOOK 2022, PAGE 47135,8799.84 SQ.FT., 8.23 ACZONEING: PD - CLPLPLPLPcocococo18ST24ST24ST24ST24ST24ST24ST24ST24ST 24ST24ST24ST2 4 S T 2 4 S T ANNA FIRE DEPARTMENTFFE = 706.00'S. POWELL PKWY. (HWY 5)(80' R.O.W.)INDEPENDENT BANK ADDITIONVOLUME P, PG. 209P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 15 & 16, B4OLD ANNA DONATION PLAT20171102001465190O.P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 1, 2, 3, 4, & 5A, B4OLD ANNA DONATION PLAT20180806000981570O.P.R.C.C.T.VICKY L. RUTELEDGE ANDHUSBAND, MIKE L. RUTELEDGECALLED 0.48 ACRESVOL. 5346, PG. 5671O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.333 ACRESDOC. NO. 20210518001000670O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.36 ACRESDOC. NO. 20171020001402590O.P.R.C.C.T.ERIC SANTIBENEZ AND WIFE,LAURA HERNANDEZCALLED 0.131 ACRESDOC. NO. 20130611000801170O.P.R.C.C.T.JAMES D. HENDRICKSCALLED LOTS 6&7, B1 (PLAT 21-368)DOC. NO. 20151123001466040O.P.R.C.C.T.SCOTT AND ASHLEY ANDERSONAS COMMUNITY PROPERTYCALLED LOTS 4&5, B1 (PLAT 21-368)O.P.R.C.C.T.6SA6SA6SA6SA6SA6SA6SA6SA1 8 S T 1 8 S T 18ST 18ST 24ST24ST24ST24ST24ST18ST6W6WUEUEUEUEGGGGGGGGGGGGGG8W8W8W8W8W8W8W8W8W8W8W6WSTSTST STSTSTSTSTSTSTSTSTSTSTSTST FOFOFOFOFOFOFOFOFOFOFOFOFO6W6WFHFHFO FO FO FO FO FO FO FOFO2G2G2G2G2G2G2G2G2G2G2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G 3G 3G 3G 3G 2G2G2G 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8W12W12W12W12W8W8W8W8W8W8W8W8W8WFO FO FOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFO8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W FHFHBM 1FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOFOUEUEUEUEUEUEUE UEUEUE 18ST10SA10SA10SADATA6" ST6" ST2" WA6" WA6ST6ST6ST2" GAS10SA10SA10SA10SA6STFOFOUEUEUEUEUEUEUEUE700700700 700705705705 705705705710710698698699699699699701701 701701702702702702703703 704704 704704706 706706706706706707 707707707 707708708708708708 709709709709709711711700700700705705698699699699701701701702703703703704704704704700705705705705705705698699701702702702 703703 703703703704704 704704 7067067067067067 0 6 707707707707708708703703704704710709698698699699 57.0'30.0'50.0'24.0'10" SA12" ST701702704704705 706708 708709701699 ANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK A358,498.8 SQ.FT., 8.23 AC20.0'9.0'191815108131091315CAUTION! EX. 2" GAS LINECAUTION! EX. 3" GAS LINECAUTION! EX. 3" GAS LINEEX. DUMPSTER PADEX. 6'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. 24" STORMSEWER LINEEX. 8" WATER LINEEX. 6" WATER LINEEX. 18" STORMSEWER LINEEX. 18' STORM SEWER LINEEX. 6" WATER LINECAUTION! EX. 2" GAS LINEEX. 6" SANITARYSEWER LINEEX. 8' WATER LINEEX. 8" WATER LINEEX. 12" WATER LINEPROP. 6' WIDE SIDEWALKEX. 6' WIDECROSSWALKEX. 10' WIDE HIKEAND BIKE TRAILEX. 12' WIDECROSSWALKEX. 12' WIDECROSSWALKEX. RAISED CROSSWALKSPEED RAMP TYP.EX. DATA LINEEX. 8" WATER LINEEX. 8" WATER LINEEX. FIBER OPTIC LINEEX. TREE TYP.EX. 18" STORM SEWER LINEPROP. RAMP, TYP.EX. ADA PARKING TYP.EX. 24" STORM SEWER LINEEX. SANITARYSEWER MANHOLEPROP. SANITARYSEWER MANHOLEPROP. JUNCTIONBOX & GRATE INLETPROP. 12'WIDE SIDEWALKEX. RAMPEX. FIRE HYDRANT TYP.EX. PARKING, TYP.EX. 24" STORMSEWER LINECAUTION! EX. OVERHEAD ELECTRIC LINECAUTION! EX. 2" GAS LINECAUTION! EX. OVERHEAD ELECTRICALEX. POWER POLE, TYPCAUTION! EX. OVERHEAD ELECTRICALCAUTION! EX. OVERHEAD ELECTRICALEX. CROSSWALKEX. 10'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. ADA PARKING, TYP.EX. CONCRETE PAVEMENTCAUTION! EX. OVERHEAD ELECTRICALPROP. BOOK DROPLOCATIONEX. ADARAMPEX. REMOVABLEBOLLARDSEXISTING 10' TELECOM EASEMENTPROP. 5X15'WIDE PLANTERS (TYP.)PROP. 18'WIDE SIDEWALKPROP. 8' WIDESIDEWALKEX. FIRE HYDRANTEX. PARKING, TYPEX. SANITARY MANHOLEEX. CONCRETE PAVEMENTEX. POWER POLE, TYPPROP. ROOF DRAINCONNECTION, TYP.PROP. GRATE INLETPROP. FDCCONNECTIONAREA DRAINAREA DRAINEX. FENCEEX. GENERATOR DOCKING STATIONEX. TRANSFORMEREX. SWITCHGEAREX. SANITARY MANHOLEEX. STORM SEWER GRATE INLETEX. DATAEX. STORM SEWER GRATE INLETEX. ADARAMPEX. FIRE HYDRANTEX. FIRE HYDRANTBUILDINGSETBACKEX. ADA PARKING, TYP.S 89°13'03" E - 562.74'S 44°28'08" E - 14.11'S 0°44'08" W - 589.35'N 89°14'59" W - 596.47'N 47°16'56" E - 13.83'174.3'162.4'PROPOSED PUBLIC LIBRARY19,609 SQ.FT.2-STORY (39')FFE = 708.35'86. 7 '41.5'EX. CENTERLINEEX. CENTERLINE80.0' 60.0'WEST 5TH ST.(60' R.O.W.)(26' WIDE CONCRETE PAVEMENT)W. 7TH ST.(80' R.O.W.)(26' WIDE CONCRETE PAVEMENT)26.0'EX. PARKING, TYP.20.0'9.0'1111116612BUILDINGSETBACKS 33°18'43" E - 32.40'S 1°26'26" E - 20.68'S 4°24'46" W - 66.73'S 4°39'49" W - 216.16'S 3°42'31" W - 173.73'S 3°42'16" W - 86.95'40.0'20.0'EX. LANDSCAPEBUFFER110.3'61.1'15'UTILITY EASMENTVOL. P, PG. 278P.R.C.C.T37.2'154.1'199.7'13177.3'226.2'73.0'26.0'45.0'CAUTION! EX. GAS LINEEX. 8" WATER LINEEX. LANDSCAPEBUFFERANNA FIRE DEPARTMENTFFE = 706.00'15,500 SQ.FT.ANNA CITY HALLFFE = 710.00'24,600 SQ.FT.SASA SA24ST8W 191815 1081310 91315111111661213BMPROJECT BENCHMARK:1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDSOUTHEAST OF THE INTERSECTIONOF W. 5TH ST. & S. RIGGINS ST.ELEVATION = 709.27'1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDNORTHWEST OF THEINTERSECTION OF S. RIGGINS ST. &W. 7TH ST. APPROXIMATELY 66FEET NORTH OF METER VAULTELEVATION = 704.61'NCAUTION: CONTACT TEXAS 811 AND LOCAL UTILITYPROVIDERS TO LOCATE EXISTING UTILITIES PRIOR TOCONSTRUCTION.CONTACT GESSNER ENGINEERINGIF CONFLICTS OCCUR.0SCALE: 1"= 20'204060PROJECTLOCATIONWEST 5TH ST.WEST 7TH ST.SOUTH POWELL PKWY. SOUTH RIGGENS ST.VICINITY MAP SCALE: 1" = 400'N0SCALE: 1"= 40'4080120LEGENDFHSTLPOE340340WSAPAEPUEBRICK PAVERSLIMITS OF CONSTRUCTIONPROPERTY LINEEASEMENTEXISTING CONTOURSPROPOSED CONTOURSSTORM LINEWATER LINESANITARY SEWER LINEGAS LINEDATA/TELECOMUNDERGROUND ELECTRICFIBER OPTICOVERHEAD ELECTRICFIRE HYDRANTWATER METERGATE VALVEFIRE DEPARTMENT CONNECTIONPOST INDICATOR VALVESANITARY SEWER MANHOLESANITARY SEWER CLEANOUTSTORM SEWER CURB INLETLIGHT POLEPROPOSED PUBLIC ACCESS EASEMENTPROPOSED UTILITY EASEMENTGTUEFOFDCPIVwwSASTLOCISSUE DATE:PROJECT #:DRAWN BY:CHECKED BY:CORPORATE OFFICE401 W 26TH STBRYAN, TEXAS 77803www.gessnerengineering.comBRENHAM979.836.6855BRYAN979.680.8840FORT WORTH817.405.0774GEORGETOWN512.930.5832SAN ANTONIO210.305.4792TBPELS FIRM REGISTRATION NUMBERS:F-7451 & F-101914599CIVIL | CMT | GEOTECHNICALSTRUCTURAL | SURVEYPJJP06-07-202322-0490TOPOGRAPHICSURVEY EXHIBITREVISED SITE PLANANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ACITY OF ANNA, TEXASBEING 8.234 ACRESOUT OFHENRY BRANTLEY SURVEY, ABSTRACT NO.71REVISED: 9-26-224'' CONCRETE BIKE PATH4" CONCRETE SIDEWALKFIRE LANENOTES:THE PURPOSE OF THE REVISED SITE PLAN IS FOR THE ADDITIONOF THE PUBLIC LIBRARY AND ASSOCIATED SITE IMPROVEMENTS Item No. 31. Planning and Zoning Commission Agenda Staff Report Meeting Date: 7/6/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Act on Amendments to Article 9.07 Tree Preservation of The City of Anna Code of Ordinances, Text Amendment. Applicant: City of Anna. SUMMARY: On June 5, 2023, Planning staff presented a Discussion & Direction item to the Planning & Zoning Commission requesting that a public hearing be called to amend Article 9.07 Tree Preservation in order to remove conflicting language and simplify the development process while still meeting the purpose of the article. At this meeting the Commission expressed support and called the public hearing. ISSUES: Definition(s) Establish definitions to clearly identify what is a protected quality tree and specimen tree. • Protected quality tree means: (1) A quality tree, which typically has significant positive characteristics worthy of preservation, as listed in this article (see Tree Appendix 1 at the end of this article), with a trunk six inches or greater in caliper at four feet six inches above the ground. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. (2) Trees with a truck eighteen inches or greater in caliper at four feet six inches above the ground located within 10 feet of a property boundary (regardless of species). The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. • Specimen tree means a tree which has been determined by the city to be of high value because of its type, size, or other specific criteria. Generally, specimen trees are trees having twenty-four inches or greater in caliper at four feet six inches above the ground. but other criteria may also be utilized. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. Article reorganization To better align with the zoning ordinance staff is recommending that the article be restructured by rearranging, consolidating, and deleting sections of the ordinance. Tree Protection Requiring a minimum 15% preservation of protected quality trees and/or species trees within developments 25 acres or larger. To maintain existing aesthetic qualities of the city and to ensure trees with historic value are preserved, staff is recommending adding new language protecting any tree, regardless of species, 18” or larger within 10 feet of the property boundaries. These trees will have the same tree replacement and protection requirements of protected quality trees. To incentivize the preservation of trees 18” or larger along property boundaries, tree credits toward mitigation will be earned for their preservation. Submittal and Review process To assist both the user and city staff in understanding requirements of the ordinance staff is recommending edits to the submittal and review procedures that clearly identify types and size of trees meeting preservation requirements and identifying specific content and material required to be on Tree Preservation Plans. Mitigation fee Establish tree replacement costs for protected quality trees and/or specimen trees that are not exempt from the tree removal permit application requirements and in which tree replacement requirements are not being met. Replacement Cost Tree Type/Size Floodplain Tree Protected Quality Trees & Specimen Trees Protected Quality Trees (Floodplain only): 6” – 10” (DBH) $3,000 $900 Protected Quality Trees (Floodplain only): 11” – 17” (DBH) $6,000 $1,800 Protected Quality Trees: 18” – 30” (DBH) $15,000 $4,500 Specimen Tree: 24” – 30” (DBH) $15,000 $4,500 All trees: 30”+ (DBH) $20,000 $6,000 Illegal Tree Removal • $1,000 plus replacement cost • $1,000 per tree if not in the floodplain nor a protected quality or specimen tree FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The requested amendments to the Tree Preservation Ordinance will improve preservation, staff efficiency, and clarify the City’s development regulations and standards. Recommended that the Planning and Zoning Commission recommend City Council approval of the proposed amendments to Article 9.07 Tree Preservation of the City of Anna Code of Ordinances and associated Tree Appendices and Fee Schedule regulations as drafted by staff. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. PZ - STAFF REPORT - Ordinance Amendment (Article 9.07 Tree Preservation) 2. P&Z - Article 9.07 - Tree Preservation (Restructure & amendments) 3. Edits - Trees Appendix 1 - List of Quality and Acceptable Replacement Trees (6- 30-23) 4. Edits - Trees Appendix 2 - Approved Plant List (6-30-23) 5. Article 9.07 Tree Preservation - EXISTING REGULATIONS CITY OF ANNA PLANNING & ZONING COMMISSION July 6, 2023 Agenda Item: Text Amendment: Article 9.07 Tree Preservation Plan DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding an amendment to Article 9.07 Tree Preservation of the City of Anna Code of Ordinances and associated Tree Appendices and Fee Schedule regulations. REMARKS: On June 5, 2023, Planning staff presented a Discussion & Direction item to the Planning & Zoning Commission requesting that a public hearing be called to amend Article 9.07 Tree Preservation in order to remove conflicting language and simplify the development process while still meeting the purpose of the article. At this meeting the Commission expressed support and called the public hearing. ISSUES: Definition(s) Establish definitions to clearly identify what is a protected quality tree and specimen tree. •Protected quality tree means: (1) A quality tree, which typically has significant positive characteristics worthy of preservation, as listed in this article (see Tree Appendix 1 at the end of this article), with a trunk six inches or greater in caliper at four feet six inches above the ground. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. (2) Trees with a truck eighteen inches or greater in caliper at four feet six inches above the ground located within 10 feet of a property boundary (regardless of species). The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. •Specimen tree means a tree which has been determined by the city to be of high value because of its type, size, or other specific criteria. Generally, specimen trees are trees having twenty-four inches or greater in caliper at four feet six inches above the ground. but other criteria may also be utilized. The caliper of a multi- trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. Article reorganization To better align with the zoning ordinance staff is recommending that the article be restructured by rearranging, consolidating, and deleting sections of the ordinance. Tree Protection Requiring a minimum 15% preservation of protected quality trees and/or species trees within developments 25 acres or larger. To maintain existing aesthetic qualities of the city and to ensure trees with historic value are preserved, staff is recommending adding new language protecting any tree, regardless of species, 18” or larger within 10 feet of the property boundaries. These trees will have the same tree replacement and protection requirements of protected quality trees. To incentivize the preservation of trees 18” or larger along property boundaries, tree credits toward mitigation will be earned for their preservation. Submittal and Review process To assist both the user and city staff in understanding requirements of the ordinance staff is recommending edits to the submittal and review procedures that clearly identify types and size of trees meeting preservation requirements and identifying specific content and material required to be on Tree Preservation Plans. Mitigation fee Establish tree replacement costs for protected quality trees and/or specimen trees that are not exempt from the tree removal permit application requirements and in which tree replacement requirements are not being met. Replacement Cost Tree Type/Size Floodplain Tree Protected Quality Trees & Specimen Trees Protected Quality Trees (Floodplain only): 6” – 10” (DBH)$3,000 $900 Protected Quality Trees (Floodplain only): 11” – 17” (DBH)$6,000 $1,800 Protected Quality Trees: 18” – 30” (DBH)$15,000 $4,500 Specimen Tree: 24” – 30” (DBH)$15,000 $4,500 All trees: 30”+ (DBH)$20,000 $6,000 Illegal Tree Removal •$1,000 plus replacement cost •$1,000 per tree if not in the floodplain nor a protected quality or specimen tree SUMMARY: The requested amendments to the Tree Preservation Ordinance will improve preservation, staff efficiency, and clarify the City’s development regulations. RECOMMENDATION: Recommended the Planning and Zoning Commission recommend City Council approval of the proposed amendments to Article 9.07 Tree Preservation of the City of Anna Code of Ordinances and associated Tree Appendices and Fee Schedule regulations as drafted by staff. P a g e 1 | 20 § 9.07.001 Purpose. § 9.07.002 Administration. § 9.07.003 Tree removal application. § 9.07.004 Standards for Tree Removal. § 9.07.005 Mitigation. § 9.07.006 Maintenance. § 9.07.007 Conflicts with other ordinances. § 9.07.008 Enforcement. § 9.07.009 Definition. § 9.07.001 Purpose. The terms and provisions of this article are intended to accomplish the following public purposes: (1) To encourage preservation and protection of existing protected quality trees or specimen trees and/or trees of historic value. (2) Reward site design that preserves existing protected quality trees, specimen trees, and/or trees of historic value and associated habitat by offering preservation credits to off-set required replacement rates. (3) To encourage ecological stabilization through urban forest management that contributes to the processes of air purification, oxygen regeneration, groundwater recharge, and storm water runoff retardation; and promote energy efficiency and water conservation through tree preservation and cultivation, thereby abating noise, heat, and glare. (4) To acknowledge that trees and landscaping add value to property and protect public and private investments to the general benefit of the city and its residents. P a g e 2 | 20 (5) To define reasonable protective measures required to preserve the protected quality tree and specimen tree population. (6) To protect healthy protected quality trees and specimen trees and promote the natural ecological, environmental, and existing aesthetic qualities of the city. (7) To preserve and promote the appearance and rural heritage of the city. (8) To protect and preserve native and specimen vegetative species, their ecosystems and natural habitats, and prevent damage to and unnecessary removal of vegetation during the land development and construction processes. (9) To prohibit indiscriminate clear-cutting. § 9.07.002 Administration. Provisions of this article shall be administered by the landscape administrator or designee. (1) Tree removal permit applications. The landscape administrator shall grant a tree removal permit provided the requirements of this article are met. (2) Grievances. An applicant aggrieved by a decision of the landscape administrator may appeal the decision to the board of adjustment for an interpretation. (3) Waivers. An application for a waiver to the terms of the tree preservation section may be made. The application for a waiver shall be reviewed by the tree board, and a recommendation for approval or denial shall be forwarded to the city council. The decision of the city council shall be final. No public hearing shall be required. The tree board and city council shall consider the following factors in determining whether a waiver should be granted: (a)The literal enforcement cannot be accomplished; (b)The extent to which the application meets other standards of this article; (c)The positive and negative impact of the proposed project on surrounding properties; and P a g e 3 | 20 (d)The extent to which the waiver would be mitigated by other proposed or existing landscaping. (4) Non-substantive changes. The landscape administrator shall be authorized to work with owners, developers, and builders to make non-substantive changes, within the scope of this article, to plans, permits and other requirements after approval by staff, city council or the tree board, as appropriate. These changes are intended to provide the greatest reasonable protection toward achieving the purposes of this article. § 9.07.003 Tree removal application. (1) Applicability. (a)A tree removal application must be applied for: (i)Prior to the critical alteration of one or more protected quality trees and/or specimen trees on any site where the removal of these trees is not related to a construction project which requires issuance of a development permit. This shall not include alteration of trees as exempted by this article. (ii)Prior to any, paving, grading, or construction of a single-family or duplex residential subdivision, multiple-family residence development, and/or nonresidential development, a tree removal application shall be submitted concurrent with a preliminary or final plat, whichever plat is submitted initially. If the property is already platted a tree removal application shall be submitted concurrently with a detailed preliminary site plan or site plan (if preliminary site plan is not required). A development permit shall not be issued prior to issuance of a tree removal permit. A tree removal application and permit shall not be required prior to construction of a subdivision or public improvements if an application for a preliminary plat or final plat has been filed prior to the effective date of this article. (iii)Prior to any paving, grading, or construction of a single-family or duplex residence on a single lot (not part of a larger subdivision), a tree removal application shall be submitted concurrent with the application for a development permit. A development permit shall not be issued prior to issuance of a tree removal permit. A tree removal application and permit shall not be required prior to construction of a single-family or duplex P a g e 4 | 20 residence if an application for a building permit has been filed prior to the effective date of this article. (iv)Authorization to critically alter trees on a site for which a tree removal application is required shall be limited to those trees identified and approved for critical alteration as shown on documentation submitted for the application. (b)Tree removal permit period; nature of permit. (i)Upon approval of a tree removal application, a tree removal permit shall be valid for the period of the preliminary site plan, site plan, building permit’s validity, or a maximum of two years, whichever is less. For projects not related to a construction project which requires issuance of a building permit or development permit the permit shall be void after 180 days. (ii)Upon and after expiration of a tree removal permit, such expired permit may not be deemed to be a “permit” in connection with Texas Local Government Code section 245.001 et seq. or any other statute or law conferring vested rights for development. Any permit issued under this article does not create a property right in the permittee. (c)Exceptions. A tree removal application shall be submitted to and approved by the landscape administrator before critically altering any protected quality tree or specimen trees, except under any of the following circumstances: (i)The tree endangers the public health, welfare or safety and immediate alteration is required; (ii)The tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Critical alteration shall be limited to the portion of the tree reasonably necessary to reestablish or maintain reliable utility service; (iii)The tree is located on the property of a licensed plant or tree nursery which has trees planted and growing on the premises for the sale or intended sale to the general public in the ordinary course of the nursery’s business; (iv)The tree is part of an orchard; P a g e 5 | 20 (v)The tree is dead, unless the tree was required under a landscape plan or was a required replacement tree. (vi)Construction of utilities or public infrastructure on municipal and/or public domain property, or whenever conducted by city personnel; and (vii)The area of the request is located within the Downtown Core as established in the Anna 2050 Downtown Master Plan. (2) Submittal and Review. The landscape administrator shall establish administrative procedures, forms, and standards with regard to the content, format, graphics and number of copies of information constituting an application for a tree removal permit for clarity and consistency of operations. The published procedures, forms, and standards will have the force of ordinance as if fully incorporated herein. A tree removal application for a tree removal permit shall include these required documents: (a)Completed application form; (b)A Tree Preservation Plan checklist; (c)A tree preservation plan at the same scale as the preliminary site plan, site plan, preliminary plat, or final plat. The tree preservation plan shall include the following information in addition to information identified on the Tree Preservation checklist: (i)Name and phone number of the person who prepared the survey; (ii)Property lines with dimensions; (iii)Engineering scale (same scale as the preliminary site plan, site plan or preliminary plat); (iv)Aerial photograph with a transparent plan of the development at the same scale as the photography; (v)Location of all rights-of-way and easements (existing and proposed); P a g e 6 | 20 (vi)Along each of the property boundaries identify and dimension a ten (10) foot zone within the property; (vii)Drainage and detention easement limits (viii)For nonresidential, Planned Developments, and multiple-family residence developments the location of all buildings, structures, pools, parking and vehicular maneuvering area, utilities, sidewalks, and other improvements (existing and proposed); (ix)For Single-family and duplex residential developments identify individual lot lines, building pads, driveways, hike/bike/equestrian trails, public improvements, utility lines and associated easements; (x)Location of FEMA 100-year floodplain, NRCS lake tree preservation zone, or erosion hazard setback zone and all protected quality trees (6” and greater) and specimen trees (24” and greater) within these areas; (xi)Identification/location of any protected quality tree 6 inches or greater DBH; (xii)Identification/location of any specimen trees 24 inches or greater DBH; (xiii)Identification/location of any tree 18 inches or greater DBH within ten (10 foot) zone of any property boundary; (xiv)Any non-disturbance area or proposed exemption area; 1.Non-disturbance areas. The landscape administrator may approve a non-disturbance area to be designated on the tree preservation plan. The non-disturbance area is an area in which no construction will occur. Protected quality trees and/or specimen trees within the non- disturbance area are not required to be individually identified unless they will be used as credits. 2.Proposed exemption area. The landscape administrator may approve a proposed exemption area to be designated on the tree preservation plan. The proposed exemption area corresponds to areas of the site specifically exempted from tree replacement and protection P a g e 7 | 20 requirements of this article. Protected quality trees and/or specimen trees within the proposed exemption area are not required to be individually identified on the tree preservation plan unless they will be used as credits. (xv)A table containing all the identified trees along with the following information: 1.Tag number; 2.The common and botanical name; 3.Caliper size; 4.Condition; 5.If the tree is to remain or be removed; 6.For trees removed that require mitigation, list the caliper inches to be mitigated of each tree and a total in caliper inches to be mitigated; and 7.For trees being preserved as credits, list the caliper inches to be credited for each tree and a total in caliper inches to be credited. (d)Alternative tree preservation plan requirements: (i)Tree Sampling. For property containing large, heavily wooded areas, the landscape administrator may, in lieu of a tree preservation plan, authorize the submittal of an alternative tree preservation plan identifying the tree canopy, tree sampling sites, non-disturbance areas and proposed exemption areas where no trees will be critically altered. All other areas shall show the tree canopy and tree sample sites prior to any grading or construction. For every whole acre of tree canopy, there shall be at least two sample sites approximately 75 feet in diameter. (ii)Affidavit of no protected quality trees and/or specimen trees. If a property contains no protected quality tree species and/or specimen trees, the applicant may submit an affidavit of no protected quality trees/specimen P a g e 8 | 20 trees in lieu of a tree preservation plan. This affidavit shall act in lieu of a tree preservation plan upon a determination by the landscape administrator that no protected quality trees and/or specimen trees exist on the site. After the expiration of 10 business days after the submittal, the affidavit shall satisfy the requirements of this article, unless within said ten business days the affidavit is denied by the landscape administrator due to a determination that the property contains protected quality trees and/or specimen trees or the trees on the site cannot be affirmatively identified by the landscape administrator. (3) Tree Removal Application Fee. At the time a tree removal permit application is submitted, an applicant shall pay a fee to the city in the amount specified by the city council in a fee schedule. The following shall be exempt from payment of the tree removal permit fees: (a)City of Anna. When critically altering any protected quality tree and/or specimen tree not exempt from tree removal permit requirements, the city is exempt from the permit application fee, but must obtain a tree removal permit and comply with all tree placement and tree protection procedures as listed in this article. Protected quality trees and/or specimen trees proposed to be critically altered must be shown on a tree preservation plan approved by the landscape administrator. (b)Diseased, dead, or dangerous tree. An applicant is exempt from the tree removal permit fee if critically altering a diseased or dead tree, or a tree which poses an imminent or immediate threat to persons or property, in a manner which is allowed under permit exemption status. § 9.07.004 Standards for Tree Removal. (1) Clear-cutting. Clear-cutting is prohibited unless specifically authorized by a tree removal permit. (2) Single-family or duplex residential subdivision, multiple-family residence, and nonresidential developments. (a)Protected quality trees and/or specimen trees located in a FEMA 100-year floodplain, NRCS lake tree preservation zone, or erosion hazard setback zone shall be subject to all P a g e 9 | 20 tree replacement and tree protection requirements of this article, to the extent permitted under state law. (b)In cases other than listed immediately above in subsection (a), all protected quality trees 18 inches in caliper or greater, specimen trees, and/or any tree 18 inches in caliper or greater within 10 feet of the property boundaries shall be subject to tree replacement and tree protection requirements except where trees must be critically altered to: (i)Install and maintain any utility lines; (ii)Dedicate public right-of-way. (iii)Construct any public or private street and associated sidewalk at the minimum required width only; (iv)Provide any required easement up to the minimum width needed to accommodate the required service; (v)Construct any fire lanes at the minimum required width only; (vi)Construct community swimming pools; (vii)Construct any hike/bike/equestrian trails; (viii)Construct any portions of a golf course, park playing field, equestrian center, or school playing field but not including buildings, additional parking, club houses, or ancillary buildings; or (ix)Construct of required drainage structures, including detention and retention basins, and including transitional slopes at the maximum slope allowed by standard city engineering practices and policies. (i)Tree replacement in areas reclaimed from the floodplain and used for residential development shall be limited to one three-inch caliper tree for each protected quality tree removed. (3) Construction of a single-family or duplex residence on a single lot (not part of a larger subdivision). P a g e 10 | 20 (i)Protected quality trees and/or specimen trees located in a FEMA one- hundred-year floodplain, NRCS lake tree preservation zone, or erosion hazard setback zone shall be subject to all tree replacement and tree protection requirements of this article. (ii)In cases other than listed immediately above (subsection (b)(i)), all protected quality trees 18 inches in caliper or greater and all specimen trees shall be subject to tree replacement and tree protection requirements except where trees must be critically altered for a: (A) Building pad site; (B)Driveway; (C)Sidewalk at the minimum required width only; (D)Patio; (E)Septic tank or lateral line; (F)Pool and associated deck area; (G)Fence; or (H)Ancillary feature normally associated with residential construction. (4) Existing single-family or duplex residential development. All protected quality trees 18 inches in caliper or greater at DBH and/or specimen trees shall be subject to tree replacement and tree protection requirements regardless of location. (5) Minimum Preservation. Regardless of the exemptions identified above, new development projects consisting of twenty-five (25) or more acres, a minimum of 15% of the total caliper inches of protected quality trees and/or specimen trees shall be preserved, excluding any protected trees in a floodway. (6) All other existing development. Tree replacement and protection requirements shall apply, except that additions or redevelopment shall be allowed the same exemptions as for new nonresidential or multifamily development, as applicable. P a g e 11 | 20 (7) Demolition. The landscape administrator may issue a tree removal permit to allow critical alteration of a protected quality tree and/or specimen tree if such critical alteration is necessary to allow demolition of a structure. The tree covered by the permit shall be exempt from the tree replacement and tree protection requirements of this article. (8) Diseased trees. Upon issuance of a tree removal permit, a diseased protected quality tree and/or diseased specimen tree may be critically altered to reduce the chances of spreading the disease to adjacent healthy trees. If the landscape administrator issues a tree removal permit for this use, the protected trees covered by the permit shall be exempt from the tree replacement and protection requirements of this article. (9) Ground level cuts. Tree trunks must be cut at ground level where removal of a tree may damage root systems of an adjacent tree. Stump grinding in such situations is allowed with the approval of the landscape administrator. (10) Removal of underbrush and grubbing under drip lines. Removal of underbrush and clearing and grubbing of brush located within or under the drip lines of protected trees shall not require a tree removal permit. (11) Trees along property lines. To promote the purpose of this article any tree eighteen (18) inches in caliper or greater at DBH within ten (10) feet of the property lines, even if not on the List of Quality Trees (Tree Appendix 1) shall be considered a protected quality tree, be identified on the tree preservation plan, and be subject to tree replacement and protection requirements. (12) Tree replacement. Unless specifically exempted, the following tree replacement procedures shall apply to any person who critically alters a protected quality tree and/or specimen tree for which a permit is required. Replacement trees shall be chosen from the approved plant list (Tree Appendix 2). (a)Tree replacement will be considered only after all design alternatives which could save more existing protected quality trees and/or specimen trees have been evaluated. Replacement trees shall be in addition to trees required under other landscape requirements of the city. (b)Replacement trees shall be a minimum of 3 inches in diameter when measured at breast height (DBH). Examples include: P a g e 12 | 20 (i)A total of 18 inches diameter to be removed shall be replaced with six 3-inch diameter trees. (ii)A total of 19 inches diameter to be removed shall be replaced with seven 3- inch trees, or five 3-inch trees and one 4-inch tree. (c)All replacement trees shall be guaranteed for one year from the date of the final inspection and acceptance of the project. The responsibility to replace trees shall apply to both the person altering a protected quality tree and/or specimen tree, and the owner of the property. If a replacement tree dies, the owner of the property is responsible for replacing that tree. (d)Replacement trees may be planted off-site on a property mutually agreed upon by the city and the applicant. § 9.07.005 Mitigation. (1) Tree Credits for Mitigation (a)Tree credits are available for preserving and planting of trees from the city’s approved plant list (Tree Appendix 2). (b)When any protected quality tree and/or specimen tree is preserved that would have otherwise been exempt per exceptions listed under each construction type of Sec. 9.07.004, credits toward the total inches of caliper of replacement trees required for the development site will be given as per the following formula: (i)Protected quality trees. (1)If the caliper of the preserved exempt tree is 6" - 18", the credit applied will be equal to the caliper of the preserved trees. (2)If the caliper of the preserved exempt tree is greater than 18", to include trees along the property boundaries, the credit applied will be equal to twice the caliper of the preserved tree. (ii)Specimen trees. If the caliper of the preserved exempt tree is 24” or greater, the credit applied will be equal to twice the caliper of the preserved tree. P a g e 13 | 20 (c)Tree credits may not be earned for the 15% minimum preservation requirement of protected quality trees and/or specimen trees within new projects consisting of twenty-five (25) or more acres. (d)Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for public right-of-way or easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal instruments considered satisfactory by the city council. (e)Tree credits will not be permitted unless temporary tree protection devices are installed at least to the limit of the critical root zone or the drip line, whichever is greater, during construction activity. The city may, prior to the issuance of a tree removal permit impose additional requirements for tree-planting methods and best management practices to ensure that the preserved tree(s) grow to the anticipated height at maturity. (f)Required development trees shall not count towards Tree credits. (2) Mitigations Fees (a)In the event that is it necessary to remove a protected quality tree and/or specimen tree, and the applicant chosen not to meet the tree replacement requirements under § 9.07.004(12), the applicant shall be required to pay into the city’s Tree Fund according to the Development Fees schedule (Article A3.000) (b)Fees paid must be based on the tree valuation schedule listed below and contained within the Development Fee schedule. This fee shall be paid in addition to any tree removal permit fee and shall be held in a sperate account (the Tree Fund) to be used exclusively for future installation of trees within public land owned by the City. Tree Valuation Schedule for Mitigation Replacement Cost Tree Type/Size Floodplain Tree Protected Quality Trees & Specimen Trees Protected Quality Trees (Floodplain only): 6” – 10” (DBH)$3,000 $900 Protected Quality Trees (Floodplain only): 11” – 17” (DBH)$6,000 $1,800 P a g e 14 | 20 Protected Quality Trees: 18” – 30” (DBH)$15,000 $4,500 Specimen Tree: 24” – 30” (DBH)$15,000 $4,500 All trees: 30”+ (DBH)$20,000 $6,000 Illegal Tree Removal •$1,000 plus replacement cost •$1,000 per tree if not in the floodplain nor a protected quality or specimen tree § 9.07.06 Maintenance. The property owner or his/her agent shall be responsible for the maintenance, repair, and replacement of all preserved vegetation and landscaping plants and materials as may be required by the provisions of this article. § 9.07.007 Conflicts with other ordinances. (1) All applicable provisions of the zoning ordinance, subdivision ordinance, building codes and other ordinances and regulations, as they exist or as amended, shall apply. The provisions of this article are not intended to modify or amend the preliminary site plan and/or site plan requirements of the zoning ordinance with regard to the placement of building pads, roadways, easements, utilities, pedestrian ways or other buildable areas; such placement of any application shall be left to the sole discretion of the applicant so long as the same conform to the applicable requirements of the zoning ordinance. (2) Notwithstanding the foregoing, nothing herein shall confer any vested rights on the property subject to this article. Where the provisions of other ordinances conflict with this article, this article shall control. § 9.07.08 Enforcement. The city shall not approve a development agreement unless it provides that all construction activities shall meet the requirements of this article. (1) No development permit shall be issued unless: (a)A tree removal permit has been approved; or P a g e 15 | 20 (b)An affidavit of no protected quality trees and/or specimen trees has been submitted and approved; or (c)A determination of exemption has been made by the landscape administrator or designee. (2) No development permit shall be issued unless the applicant signs an application or permit request which says that all construction activities meet the requirements of this article. (3) No certificate of occupancy (C.O.) shall be issued until any and all penalties for violations of this article have been paid to the city. No C.O. shall be issued until all required replacement trees have been planted. (4) Penalties. (a)A person commits an offense if the person critically alters a protected quality tree and/or specimen tree not meeting an exception listed in this article without first obtaining a tree removal permit from the city. (b)A person commits an offense if the person critically alters a tree in violation of a tree removal permit. (c)Any person, firm, corporation, agent, or employee thereof who violates this article by critically altering a protected quality tree and/or specimen tree without first obtaining a tree removal permit from the city, or by critically altering a protected quality tree and/or specimen tree in violation of the permit, or by failing to follow the tree replacement procedures, shall be guilty of a misdemeanor, and upon conviction shall be required to pay a tree mitigation fee based on the tree valuation schedule as listed in this article. The unlawful critical alteration of each protected quality tree and/or specimen tree shall be considered a separate incident, and each incident shall subject the violator to the maximum penalty set forth herein for each tree critically altered. (d)Any person, firm, corporation, agent, or employee thereof who violates any provision of this article other than those listed above shall be guilty of a misdemeanor and upon conviction hereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for each incident. Each and every day said violation is continued shall constitute a separate offense. P a g e 16 | 20 (e)Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this article. Ignorance of the terms of this article is not an excuse for any violation. § 9.07.009 Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning: Buildable area means that portion of a building site on which a building pad or building improvements may be erected, including the actual structure, driveway, pool, decks, and other construction shown on a site plan approved in connection with the issuance of a building permit. Building lot owner means the owner of a building lot or tract of land within the corporate limits of the city or within the city’s extraterritorial jurisdiction who is not in the process of subdividing land. Building pad means the actual base area of a building and an area not to exceed six feet around the foundation necessary for construction and grade transitions. Clear-cutting means the removal of 10 or more protected trees and/or specimen trees from a property within a 90-day period. Critical root zone means the area within the drip line of the tree. As a practical matter, this is the acute portion of the tree’s root system. Critically alter means uprooting or severing the main trunk of a tree, or any act which causes or may reasonably be expected to cause a tree to die. This includes, but is not limited to: removal of a tree from a property; damage inflicted upon the root system of a tree by machinery, storage of materials, or the compaction of soil above the root system of a tree; a change in the natural grade above the root system of a tree; an application of herbicidal chemical or the misapplication of beneficial chemicals; excessive pruning; placement of nonpermeable pavement over the root system of the tree; or trenching within the primary root zone. Additionally, a tree may be considered critically altered if more than 25% of the primary root zone is altered or disturbed at natural grade, or more than 25% of the canopy is removed. Cut and fill means areas where the natural ground level has been excavated (cut) or where fill material has been brought in. P a g e 17 | 20 Determination of exemption means a determination made by the landscape administrator or his or her designee that no tree permit or tree preservation plan is required for the site. Developer means any person who, in connection with the use of the land, is required to, or has, or is in the process of making application to the city for subdivision plat approval of property within the corporate limits of the city or within the city’s ETJ. Development permit means a grading permit or any building permits issued for site development which could result in the removal of trees. Diameter at breast height (DBH). The diameter at breast height is the tree trunk diameter measured in inches at a height of four feet and six inches above the soil line. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its narrowest point beneath the split. Drip line means whichever is greater: (1) A vertical line running through the outermost portion of the canopy of a tree and extending to the ground; or (2) If the tree is damaged or deformed, a circular area with a radius equal to two feet per inch of caliper. Erosion hazard setback zone means the erosion setback areas along a drainage channel deemed by the City Engineer to be subject to flood-related erosion losses. This includes the dam offset areas established by Collin County and the Texas Commission on Environmental Quality (TCEQ). Exemption area means an area that is clearly exempt from all tree replacement and tree protection requirements of this article, as approved by the landscape administrator. FEMA 100-year floodplain means the area designated as being within the one-hundred-year floodplain on the Federal Emergency Management Agency flood insurance rate map (FIRM) as of the effective date of this article. The boundary may be verified and established through field surveys based on elevation. Any changes made by FEMA to the 100-year floodplain boundary after the effective date of this article due to filling of the floodplain, channelization, or other drainage improvements shall not reduce the area in which tree preservation, replacement, or protection requirements apply, unless–and only to the extent–that a reduction is necessary for compliance with FEMA regulations or other state or federal law. P a g e 18 | 20 Grubbing means excavating or removing a significant part of the root system. Landscape administrator means the individual or company appointed by the city manager to administer city ordinances related to tree preservation. Municipal and public domain property means property in which title is held in the name of a governmental entity. Examples include but are not limited to city buildings, county property, public parks, Corps of Engineers property, state right-of-way, libraries, fire stations, water tower sites, or similar other properties. Non-disturbance area means an area in which no development activity or vehicular traffic associated with the construction or development of land occurs. NRCS means the National Resource Conservation Service. NRCS lake tree preservation zone means the area within an elevation two feet above the emergency spillway elevation of any NRCS lake. Orchard means a grouping of ten or more fruit or nut bearing trees of the same variety, whose fruit or nuts are fit for human consumption, which are planted and growing on a single property for sale or intended sale to the general public in their raw form or as components of human food items manufactured on the same premises. Owner means any person with an interest in land, or a lessee, agent, employee, or other person acting on behalf of the owner. Protected quality tree means: (1) A quality tree, which typically has significant positive characteristics worthy of preservation, as listed in this article (see Tree Appendix 1 at the end of this article), with a trunk six inches or greater in caliper at four feet six inches above the ground. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. (2) Trees with a trunk eighteen inches or greater in caliper at four feet six inches above the ground located within 10 feet of a property boundary (regardless of species). The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. Any portion of the trees trunk must be located within the 10-feet of the property boundary P a g e 19 | 20 Protective fencing means chain-link fencing, orange vinyl construction fence or other fencing at least four feet high and supported at a maximum of 10-foot intervals by approved methods sufficient to keep the fence upright and in place. The fencing shall be of highly visible material. Pruning means the removal of dead, injured, or diseased limbs or roots to maintain plant health or the removal of limbs or roots to control or direct vegetative growth. Residential structure means a manufactured home as that term is defined by section 1201.003 of the Texas Occupations Code (as amended), a detached one-family or two-family dwelling (including the accessory structures of the dwelling), or a multiple single-family dwelling that is not more than three stories in height with a separate means of entry for each dwelling (including the accessory structures of the dwelling), or any other multifamily structure. Root zone, primary means the area of undisturbed natural soil around a quality tree and/or specimen tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline. Specimen tree means a tree which has been determined by the city to be of high value because of its type, size, or other specific criteria. Generally, specimen trees are trees having twenty- four inches or greater in caliper at four feet six inches above the ground. but other criteria may also be utilized. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. Tree means any self-supporting woody plant which will attain a trunk caliper of two inches or more when measured at a point 4.5 feet above ground level and normally an overall height of at least 15 feet with a canopy of at least 15 feet in caliper at maturity. A tree may have one main stem or trunk or several stems or trunks. Tree board means a board appointed by the city council to carry out the duties and responsibilities set forth in this article. The city’s planning and zoning commission shall constitute the tree board unless the city council appoints a separate tree board. Tree removal application means an official city application that is required to be submitted for the removal of trees unless exempted by this Article. Tree preservation plan means a plan drawing that identifies the location of protected quality trees and/or specimen trees and contains the information required to be set forth within this article. The tree preservation plan shall be prepared by an arborist, a licensed surveyor, a P a g e 20 | 20 registered or professional landscape architect, or other qualified person approved by the landscape administrator. For projects of limited scope, the landscape administrator may approve a tree preservation plan prepared by a non-professional if complete and accurate information is provided. Utility company, franchise utility, or public utility means a company or entity, or agent for a company or entity, that provides a utility service, such as the provision of gas, electric, cable, or telephone service within the city. 9 Attachment 4:1 Publication, Nov 2022July 2023 PLANNING AND DEVELOPMENT REGULATIONS 9 Attachment 4 City of Anna TREE APPENDIX 1. LIST OF QUALITY AND ACCEPTABLE REPLACEMENT TREES “*” indicates Texas native plants; information on “*” trees may be found at: http://aggie-horticulture.tamu.edu/ornamentals/natives/indexcommon.htm The list below is inclusive of all improved varieties of the listed trees. In addition, trees not listed may be approved as quality trees for use at the discretion of the landscape administrator or designee. Austrian Pine Pinus nigra (up to 40 ft.) Afghan (Eldarica) Pine Pinus eldarica (up to 40 ft.) American Elm Ulmus americana *Bitternut Hickory Carya cordiformis (over 40 ft.) *Black Hickory Carya buehl (over 40 ft.) *Bald Cypress Taxodium distichum (over 40 ft.) *Bur Oak Quercus macrocarpa (over 40 ft.) *Blackjack Oak Quercus marilandica (over 40 ft.) *Bigelow Oak Quercus durandii var breviloba (up to 40 ft.) *Common Persimmon Diospyros virginiana (30-40 ft.) *Chinquapin Oak Quercus muhlenbergii (50-90 ft.) *Chittamwood Sideroxylon lanuginose (to 25 ft.) *Cedar Elm Ulmus crassifolia (up to 90 ft.) Chinese Pistachio Pistacia chinensis (30-40 ft.) Chaste Tree Vitex agnus-castus (15 ft.) Crepe Myrtle Multiple varieties (various heights) *Desert Willow Chilopsis linearis (20 ft.) *Dolan Falls White Oak Quercus polymorpha *Eastern Red Cedar Juniperus virginiana (to 70 ft.) *Eve’s Necklace Sophora affinis (15-35 ft.) Green Ash Fraxinus pennsylvanica *Gregg’s Ash Fraxinus greggii (20 ft.) Goldenrain Tree Koelreuteria paniculata (30-40 ft.) Japanese Maple Acer palmatum (6-25 ft.) Lacebark (Drake) Elm Ulmus parvifolia ‘Drake’ *Little Gem Magnolia Magnolia grandiflora (15-30 ft.) *Leland Cypress Cupressocyparis leylandii (30-40 ft.) *Lacey Oak Quercus glaucoides (35 ft.) *Live Oak Quercus virginiana (20-50 ft.) Mary Nell Holly Ilex x ‘Mary Nell’ (10-15 ft.) 9 Attachment 4:2 Publication, Nov 2022July 2023 *Mexican Redbud Cercis canadensis var. mexicana (10-15 ft.) Mexican Plum Prunus mexicana (up to 25 ft.) *Mohr Oak Quercus mohriana (20 ft.) *Nogalito Juglans microcarpa (20-30 ft.) Nellie R. Stevens Holly Ilex x ‘Nellie R. Stevens’ (20-30 ft.) *Post Oak Quercus stellata (to 80 ft.) *Possum Haw Holly Ilex decidua (8-12 ft.) *Pecan Carya illinoinensis (to 90 ft.) *Redbud Cercis canadensis (15-20 ft.) *Shumard Red Oak Quercus shumardii (to 120 ft.) *Sawtooth Oak Quercus acutissima (50-60 ft.) Shangtung Maple Acer truncatum (25-30 ft.) *Southern Magnolia Magnolia grandiflora (to 40 ft.) Sweet Gum Liquidambar styraciflua (30-40 ft.) *Texas Madrone Arbutus xalapensis (to 40 ft.) *Texas Redbud Cercis canadensis var. texensis (to 20 ft.) *Texas Persimmon Diospyros texana (to 20 ft.) *Texas Ash Fraxinus texensis (to 50 ft.) *Texas Red Oak Quercus texana (to 75 ft.) *Western Soapberry Sapindus drummondii (to 30 ft.) *Yaupon Holly Ilex vomitoria (not dwarf form) (8-12 ft.) 9 Attachment 4:3 Publication, Nov 2022July 2023 (Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, app. A; Ordinance 796-2018, app. A, adopted 12/11/18) 9 Attachment 5:1 Publication, Nov 2022July 2023 PLANNING AND DEVELOPMENT REGULATIONS 9 Attachment 5 City of Anna TREE APPENDIX 2. APPROVED PLANT LIST RECOMMENDED SPECIES FOR NEW PLANTINGS The following is a list of recommended high quality, long-living trees and shrubs which are considered suitable for local soil conditions and climate. Other species may be acceptable with approval from the city manager or his designee. OVERSTORY (SHADE) TREES: HEIGHT RANGE - 30' - 60' Bald Cypress Taxodium distichum Cedar Elm Ulmus crassifolia Lacebark (Drake) Elm Ulmus parvifolia ‘Drake’ Pecan Carya illinoinensis Chinese Pistache Pistacia chinensis Bur Oak Quercus macrocarpa Shumard or Texas Red Oak Quercus shumardii or texana Sweet Gum Liquidambar styraciflua Green Ash Fraxinus pennsylvanica Live Oak Quercus virginiana Western Soapberry Sapindus drummondii Eastern Red Cedar Juniperus virginiana Chinquapin Oak Quercus muhlenbergii American Elm Ulmus americana The listed overstory trees are acceptable replacement trees. ACCENT (ORNAMENTAL) TREES: HEIGHT RANGE - 10' - 20' The following ornamental trees, with staff approval, may be substituted for the required shade trees. These ornamental trees shall have a minimum caliper of three inches. Japanese Black Pine Pinus thunbergi Afghan (Eldarica) Pine Pinus eldarica Redbud Cercis canadensis Crape Myrtle Lagerstroemia indica Yaupon Holly Ilex vomitoria Bradford Pear Pyrus calleryana Eve’s Necklace Sophora affinis Texas Sophora Sophora segundiflora Mexican Plum Prunus mexicana Purple-leaf Plum Prunus cerasifera Crabapple Malus angustifolia 9 Attachment 5:2 Publication, Nov 2022July 2023 ANNA CODE Deciduous Holly Ilex decidua Chaste Tree Vitex agnus-castus Mexican Buckeye Ungnadia speciosa Desert Willow Chilopsis linearis EVERGREEN SHRUBS Drought and freeze-resistant shrubs include, but are not limited to: Red Tip Photinia Burford Holly Chinese Holly Yaupon Holly Juniper (several varieties) Wax Myrtles Eleagnus Other plants may be used with approval of the city manager or his designee. GROUND COVER Asian Jasmine Liriope English Ivy Virginia Creeper Boston Ivy Vinca Honeysuckle Monkey Grass Purple Wintercreeper UNPROTECTED TREES Arizona Ash Fraxinus velutina Bois D’Arc (native) Maclura pomifera Chinese Tallow Sapium sebiferum Cottonwood (native) Populus deltoides Hackberry Celtis occidentalis Honey Locust (native) Gleditsia triacanthos Lombardy Poplar Populus nigra italica Mesquite Prosopis spp Mulberry Morus alba Siberian Elm Ulmus pumila Silver Maple Acer saccharinum Weeping Willow Salix babylonica (Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, app. B; Ordinance 796-2018, app. B, adopted 12/11/18)