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HomeMy WebLinkAbout2006-10-26 Special Meeting Packet (2)eITEM 3: Public Hearing: (It) M For Council to hear public comment on the annexation of along FIVI 2862 South . The proposed annexation is an involuntary, City -initiated action. The purposes are to insure City control of development along the City's primary corridors, to extend the City's jurisdiction toward the east edge of the City's ultimate planning area, and to close a corridor that potentially would allow McKinney to extend its ETJ into the Anna area. On October 24, 2006 council passed a resolution setting the public hearing dates. This is the first of two public hearings. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST AND SECOND PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Monday, November 20, 2006 at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas 75409, regarding annexation of the following tract: A tract of land in the Samuel Craft Survey, Abstract No. 165, J. C. Neil Survey, Abstract No. 659 and the Dan Van Winkle, Abstract No. 937. Property is located in an area being along FM 2862, South of Hwy 121, North of CR 503/504 and adjacent to the existing city limits. The annexation is being initiated by the City of Anna. A second public hearing on this same matter will be held on Tuesday, November 21, 2006, at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas, 75409. Additional information regarding the annexation can be secured from the office of the City Secretary, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna and residents/property owners in the affected areas to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or through personal deliver at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. Kenneth Pelham Mayor CITY OF ANNA, TEXAS RESOLUTION NO. (FM 2862 South of SH 121 - #1) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna desires to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section I. The City Council of the City of Anna hereby proposes to annex the property described in Exhibit A. Section 2. -- Public hearings regarding the proposed annexation are hereby scheduled as follows: 1St Public Hearing — November 20, 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX 2nd Public Hearing — November 21 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 26th day of October, 2006. AYES NAYS ABSTENTIONS ATTEST: APPROVED: Natha Wilkison, City Secretary Kenneth Pelham, Mayor t''g, ITEM 4: Public Hearing: (2nd) For Council to hear public comment on the annexation of property along FM 2862 South of SH 121 - 2). The proposed annexation is an involuntary, City -initiated action. The purposes are to insure City control of development along the City's primary corridors, to extend the City's jurisdiction toward the east edge of the City's ultimate planning area, and to close a corridor that potentially would allow McKinney to extend its ETJ into the Anna area. On October 24, 2006 council passed a resolution setting the public hearing dates. This is the second of two public hearings. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST AND SECOND PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Monday, November 20, 2006 at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas 75409, regarding annexation of the following tract: A tract of land in the Dan Van Winkle, Abstract No. 937, William J Anglin, Abstract No. 25 and the Jonathan Douthit, Abstract No. 251. Property is located in an area being along FM 2862, South of Hwy 121, North of CR 503/504 and adjacent to the existing city limits. The annexation is being initiated by the City of Anna. A second public hearing on this same matter will be held on Tuesday, November 21, 2006, at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas, 75409. Additional information regarding the annexation can be secured from the office of the City Secretary, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna and residents/property owners in the affected areas to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or through personal deliver at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. Kenneth Pelham Mayor CITY OF ANNA, TEXAS RESOLUTION NO. (FM 2862 South of SH 121 - #2) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna desires to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section I. The City Council of the City of Anna hereby proposes to annex the property described in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 1St Public Hearing — November 20, 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX 2"d Public Hearing — November 21 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 26th day of October, 2006. AYES NAYS ABSTENTIONS ATTEST: APPROVED: Natha Wilkison, City Secretary Kenneth Pelham, Mayor t. to ITEM 5: Public Hearing: (2nd) For Council to hear public comment on the annexation of property along Hwy. 5 (Powell Pkwy) West on the East Side of CR 423. When the City annexed the south Highway 5 corridor area a few months ago, we inadvertently omitted a single tract located on CR 423. The adjacent properties on the north, east and south were annexed. The property is located in the triangle at the south edge of the City's planning area along SH 5 (the area that includes the Calvary Baptist Church). On October 24, 2006 council passed a resolution setting the public hearing dates. This is the second of two public hearings. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST AND SECOND PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Monday, November 20, 2006 at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas 75409, regarding annexation of the following tract: A tract of land in lot one of the Price Addition located in the Grandison Stark Survey, Abstract No. 798. Property is located Hwy 5 west (Powell Pkwy) on the east side of CR 423 and adjacent to the existing city limits. The annexation is being initiated by the City of Anna A second public hearing on this same matter will be held on Tuesday, November 21, 2006, at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas, 75409. Additional information regarding the annexation can be secured from the office of the City Secretary, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna and residents/property owners in the affected areas to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or through personal deliver at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409. Kenneth Pelham Mayor CITY OF ANNA, TEXAS RESOLUTION NO. (Hwy 5 (Powell Pkwv) West on the East Side of CR 423) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna desires to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section I. The City Council of the City of Anna hereby proposes to annex the property described in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 1St Public Hearing — November 20, 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX 2nd Public Hearing — November 21 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 26th day of October, 2006. AYES NAYS ABSTENTIONS ATTEST: Natha Wilkison, City Secretary Kenneth Pelham, Mayor M m Highland 5 Cemetery LhI.II■II■n P POSED ANNEXATION OUT ,.(4J2 ■ u i 1 ------ -------------------------------- PpVE LINE TRANSMISSION EASEMENT, 1l04 ■�+�F_'-4F.-+iH-■4HW4WH-■4+W14iH-M4FW+iH-.4HW4f H-044-W4fH-■4W4Mt ■-.. IN _ ■ ■ ■ ■ ■ ■ v~ .................................. Q- II■11.11■II■11.1111. � O� EMO WINNER i ■11.11■11■11.11■1 ITEM 8: Public Hearing: To consider public comment on a request by Mr. Joe Greer to change zoning on tract of land in the Henry Brantley Survey, Abstract No. 71, from Single Family Residential (SF -1) to Restricted Commercial (Cl) zoning. The property is located at the northwest comer of N. Powell and Hackberry. The tract is currently zoned as Single Family Residential (SF -1). Property owner is seeking a zoning change to Restricted Commercial (C-1). This change would mean that the property can only be used for certain types of retail/commercial activities; the existing housing unit would no longer be used for residential purposes. ITEM 9: Consider/Discussion/Action on recommendation regarding request by Mr. Joe Greer to change zoning on tract of land in the Henry Brantley Survey, Abstract No. 71, from Single Family Residential (SF -1) to Restricted Commercial (C1) zoning. The property is located at the northwest corner of N. Powell and Hackberry. The tract is currently zoned as Single Family Residential (SF -1). Property owner is seeking a zoning change to Restricted Commercial (C-1). This change would mean that the property can only be used for certain types of retail/commercial activities; the existing housing unit would no longer be used for residential purposes. The tract is included as "Commercial" on the City's Land Use Plan. The Planning and Zoning Commission recommended approval of the requested zoning change at its meeting of October 3. Staff concurs with this recommendation. Transmittal Sheet DATE: TIME: E-mail TO: McKinney Courier -Gazette - Legal Editor RE: City of Anna Public Hearing Notice FROM: Tana Ross Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. PLANNING AND ZONING COMMISSION CITY OF ANNA A public hearing conducted by the City Council of the City of Anna will be held on Tuesday, October 24, 2006, at 7:00 p.m. at the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna, Texas, to consider the following zoning request: A request by Mr. Joe Greer to re -zone from SF -1 Single Family Residential to C-1 Restricted Commercial zoning. Property is located north of Hackberry Lane on the west side of Powell Parkway (Hwy 5). A copy of the zoning request, including a map of the tract, is available for review during regular office hours at the office of the City Secretary, Anna City Hall, 101 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests are welcomed and will be accepted until the time of the public hearing and may be presented at the hearing. Speakers at the hearing will be heard according to their order on a listing to be established for such purpose by the City Secretary. In the Brantley, Henry Survey, Abstract No. 0071 September 13, 2006 Intended Use for 5oi and Sol -A North Powell Parkway: 501 N. Powell Parkway — Metal Building on north end of property: We intend to lease the building to a tenant whose type of business best suits the structure as it is. This building offers display or office space, one bathroom and 2 large service bays with overhead doors. No additions or changes are planned. 5o1 -A North Powell Parkway — White house located at south end of property on the corner of Hackberry and North Powell Parkway: We intend to lease the house as office space. This building offers approximately 1500 square feet of space with one bathroom, kitchen/break area and many options for office arrangements. No additions or changes are planned. Grounds: It is our understanding a separate parking lot will be necessary. We will construct a parking area as required. Joe Greer, Owner CITY OF ANNA Application for Zoning Chance / Specific Use Permit Please check the appropriate box below to indicate the type of request you are makinL, and provide all information required to process vour request. • NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Fees: Zoning - $300, plus $10 per acre Planned Development -$500, plus $30 per acre Specific Use -$300 plus $10 per acre, Variances -$200 per consideration per request Zoning Verification Letter -$100 Zoning Compliance Inspection -$100 Request Information Location. o.� p 1 41 v�C��— DI' , �DU i7 *Subdivision. 2 of No. (AQ2�2 f Block No. I 1:?�Size of Request Existing Zoning Requested Zoning Use C - ) *A metes and bounds -description must be attached if the request is for: (A) a portion of a platted lot or (B) not a platted lot. .Applicant/Owner Information Key Contact C—iple-ex Telephone No.99A FAX No. T5ZQ — Address E, 69 •%'mac- 2 ` -2 City QUA Contacts Status: (check one) VOwner ❑ R State -7--K Zip Code _ �S LG 9- el -1- 7 �--� presentative O Tenant ❑ Prospective Buyer The owner's signature is required on this application and must be notarized, whether a single owner or a corporation. This is to certify that IN1/e the undersigned, am/are the sole owner(s) of the property described above on the date of this application, and have read and understood the Disclosure of Interest Form attached to this application, and complete same. f ,4Cr�s Owner please print�L-Of Gr)e_e / signature--�- Address 11(n a i � Telephone No.�j�- 9� iI- 3-2/.dPAX No. --'o 1,L7 City /j lyfArA State %1C Zip Code 7 .a.� Corporation/Partnership/Owner Address City A Telephone No. Notary Statement (All Signatures Must Be Notarized) FAX No. State Zip Code Befor me, the undersigned auth rity, on this day personally appeared T,)e- d 1cle4,7 CSr,�2EGTr (owner or agent name) k o o me o e the person whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration expressed -and in the SEAL PENNY'CASSEL Notary PWffl'c STATE CSP ` t�XAS. �•�oF�� My0,omm.ap.03/14/2007 LN. JiL2 ANTHpNY DR ED Q 3 t J J 3 + + 3 HACKBERRY LANE + + + Y + ,� -#- n w > U J + rl w R o + w n- w w Li + + i- F + + Q + SECOND ¢ STREET L pn + v > w -j- �, F + -1- -{- THIRD STREET ca �m PEI ry- �1 ITEM 10: Consider/Discuss/Action on recommendations regarding preliminary plat for Park Place Addition. The subject property is located on the south side of W. White Street (FM 455), east of and adjacent to Throckmorton Creek (directly south of Creekside Estates). The City staff has been involved in extended negotiations over the past several months with representatives of the property. Some progress has been made regarding our basic concerns. At the same time, several significant concerns have not been adequately addressed. These concerns include: • Tree preservation/lot layout — Several drainage swales traverse the property on an east to west course. We have reached agreement with the property owner regarding how to develop in and around these, with one significant exception. This drainage area contains numerous large, protected quality trees (as defined in your ordinance). The staff has made suggestions that would have mitigated the development impact on this tree area with loss of 3-4 lots from the developer's original plan. The developer/property owner does not accept the proposed alterations to the plat. • Trail connection — The layout of the trail raises several concerns, lack of continuity being the most significant issue. • Confusion regarding TXDOT property — The property along the north side of the tract (bordering W. White) shows to be owned by TXDOT. The plat shows the property to be platted as part of the tract. Won't work. The Planning and Zoning Commission voted to recommend denial of the plat. Given the failure of the developer to address some of the major issues, the staff recommends denial of the plat, without prejudice. MARK T. OWEN[S, P.E. GENERAL CIVIL CONSULTING ENGINEER October 16, 2006 City of Anna Public Works Department Re: Response to the Sept.14, 2006 City of Anna Planning Review Park Place Subdivision Preliminary Plat. COMMENT RESPONSE MAURICE SCHWANKE & COMPANY 1.) Topography shown sheets 1 & 2. 2.) All existing and proposed street centerlines have been labeled with CL 3.) The rear lot lines of Blocks 3 & 4 have been revised so that walkways encroach into private lots. A walkway easement has been included on BII Lots 9 and 22 for the walkway shown there. 4.) TxDOT property has been removed from this plat. 5.) The southerly roadway has been renamed to Park Place Avenue. 6.) 20' wide sanitary sewer easement shown and labeled with recording 7.) Lot and block numbers added to plan. 8.) Revision has not been made. A variance for the 100' tangents betwl curves has been added to the first page of the Plat. 9.) Creek has been labeled Throckmorton Creek. 10.) Park tract labeled as Tract 1. 11.) Not addressed at this time. 1 6230 INDIAN PAINT RD. AUBREY,TEXAs 76227 RECEI PHONE: 940-391.4845 FAX: 940-665-6179 mdintx@bluewireless.com of the not 2 south of D reverse OCT 17 ZOOS 'r 2 f, i MARK T.O ENS, P.E. GENERAL CIVIL CONSULTING ENGINEER MORRIS ENGINEERS Site Plan • Our records indicate that the owner of... Property, owner label has Title research will follow for Final Plat submittal. • The project will install 31 feet wide streets. Noted. • I recommend that the 50 feet wide... No roadway connection to property per planning staff. revised. • The name, address, and phone number of the owner... has been added to the Plat. • The developer anticipates that 37,072 square feet... TxDOT propertyas been removed from plat. • Show the existing 12" waterline... The full length of the waterline has been added to the plat, • Show the easement associated with the existing 12" waterline... Ease ent shown and labeled, no recording information at this time and not necessaiy for this plat per Mr. Morris at October 11, 2006 meeting. • Show the easement for the existing sanitary sewer... Easement shown and labeled. • A Key Map was not provided with the submittal. Not addressed at thisltime. This map will be submitted when we receive data from Mr. Schwanke. • Some of the lots on the cul-de-sacs have less than 40 feet of street fron cul-de-sacs have been revised to 40 feet minimum street frontage. Utility Plan * The on-site 8" diameter gravity sewer system... Noted • The plan calls for tapping into the existing 12" waterline along the south FM 455. Proposed on-site waterlines are 6" diameter. All waterlines t 6230 INDIAN PAINT RD. AUBREY, TExAs 76227 PHONE: 940-391-4845 FAX: 940.665.6179 mdintx@bluewireless.com ... All of the been MARK T. OWENs, P.E. GENERAL CIVIL CONSULTING ENGINEER revised to 8" diameter. • 1 recommend that an 8" waterline be installed... An 8" waterline been extended to the southerly property. has • The waterline should be installed a uniform distance... The word "minimum" has been removed from Note 1 on sheet 4. • Note 2 in the Utility Notes on sheet 4 of 7 calls for... Note 2 on sheet 4Pas been revised and sanitary sewer lines are no longer shown under the pa ement. • "ASTM C76 Class III Wall 13" reinforced concrete pipe added to Utility Notes on sheet 4. Drainage Study • Fill in Zone A requires a permit... Noted • Several places on the plans call for HDPE... All HDPE labels have be4 and the Utility Notes reflect RCP for all public storm drain systems. JAMES PARKMAN �7inthe removed • Utilities in wrong location's and... Water and sewer mains are now Iodated 3' behind back of curb. I • Elevations of lots are in the flood plain... disregard comment per Mr. arkman at October 11, 2006 meeting. Flood plain reclamation in process. Additional revisions A) The street previously named Park Place Ct. in Block 5 has been renamd to New York Ct. B) For clarity, house pads have been removed from Sheet 1 & 2 per Mr. 3 6230 INDIAN PAINT RD. AUBREY, TExAs 76227 PHONE: 940-391-4845 FAX: 940.665-6179 mdintx@bluMreless.eom MARK T. OMENS, P.E. GENERAL CML CONSULTING ENGINEER No other revisions have been made. Nathan Olson 6230 INDIAN PAINT RD. AuBREY, TExAs 76227 PHONE: 940-391-4845 FAX: 940.665-6179 mdintx@bluewireless.com UMMEIM��Wll 11,11-40111.0 144 q, Z lfl Q,�h{333 MMRIM, 00 a z z Q LO W �L—� (n J X79 Z LU () Y S W Z Z O W U a m �nm O z M~o etka �� �� aoGiwWeoy Y � 'M <ag < z m v c Z Ig Ro 8an C O NNU 2 10 ui =zoem53m'r'{�� g��� �•77 �3 U2[' N�Z ��N3WDa �KZZ W W O n N C'ay�WV�Wa� KR� J zU � g riW < 2.0 J Lu U) K U v' v m x w oc� Z>gN2> QWZi3 i�ircx��f-"t uY o B: [fia Nddd LS bS i5 ZS LS LS & & & FRojwr "'"'R NJO z 3 o 4a n arow�r rzaHrlw CAH W I N C N JOB NU16Qt N 2006011 sr¢r Bumt 2 OF7 1209 Southwood Blvd. Arlington, Texas 76013 Phone (817) 469-9927 Fax (817) 274-3943 LAND PLANNING ZONING CONSULTANT MUNICIPAL CONSULTANT GRANT CONSULTANT Revised Preliminary Plat Park Place Review Comments October 19, 2006 1.) This version of the Preliminary Plat has not been reviewed or approved by the Planning and Zoning Commission. 2.) If the City Council does not approve this plat at the City Council Meeting on October 24, 2006 then it should be denied since the Owner of this property has not submitted a request to waive the 30 -day requirement. 3.) The proposed walkway dead ends prior to F.M. 455. It should be extended north to the TXDOT right-of-way so that it can be extended in the future. 4.) A variance has been requested 100' tangent between reverse curves and radial lot lines as per subdivision rules and regulations. 5.) A tree survey was conducted on this tract by Nathan Olson. The response to the tree survey was that the tree cluster in grids Q,R,T,U associated with the drainage area traversing Phase II of the this addition needs to be maintained. This response was sent to Nathan Olson on May 3rd (Please see attached correspondence). A subsequent meeting was held with both Nathan and the Engineer Mark Owens on October 11, 2006. Both the plat submitted to the Planning and Zoning Commission and now the City Council has ignored these recommendations. The intent is to clear cut the entire site leaving no trees where the lots have been proposed. During the Zoning process the remainder of the tract was committed to the City of Anna as Part of the park fee requirement and not proposed as a trade off for tree removal. Redesign options are available and have been recommended to minimize the impact with minimal lot yield loss at the October 1 lth meeting. If you have any questions please feel free to contact me. Sincerely, Maurice Schwanke Page 1 of 1 maurices(? sbcglobal.net From: "Maurice Schwanke" <mauriceks@sbcglobal.net> To: "maurices" <maurices@sbcglobal.net> Sent: Tuesday, October 03, 2006 10:28 AM Subject: Fw: Anna Park Place Tree Mitigation ---- Original Message ----- From: Maurice Schwanke To: NATHAN OLSON Cc: Lee Lawrence ; Tana Ross Sent: Wednesday, May 03, 2006 3:52 PM Subject: Re: Anna Park Place Tree Mitigation Nathan As per our phone conversation Mr. Lawrence and I have walked the site and reviewed the tree inventory. The recommendation is that the tree cluster grids Q,R,T,U associated with the drainage area should be maintained. The remainder of the trees outside of this area and the numbered areas (1-8) and the western edge of L,O,R, U, AND X have been reviewed in terms of size and quality and have been found to be removeable. If you have additional questions please contact me. Sincerely, Maurice Schwanke OCT -18-2006 11:53 AM MORRIS ENGINEERS 9032631409 P.01 MORRIS MEMORANDUM DATE: 10/18/06 TO: Tana. Ross _City of Anna FROM: Tim Morris FAX. (903) 868-1409 ♦ VOICE. (903) 868-1644 RE: Park Place Preliminary Plat, 1-17-06 revisions I reviewed the 10-17-06 revisions to the Park Place Preliminary Plat. My prior comments appear to have been satisfactorily addressed. The final plat and the construction plans will be subject to more detailed assessment of drainage and flood conditions. The project engineer is advised that the Oak Hollow Phase 4 project has a peak discharge of 39.9 efs that -will be received at the Park Place Pennsylvania Lane and 20.9 cfs that will reach Atlantic Avenue. These two points will also be affected by drainage from the property intervening between Oak Hollow 4 and Park Place. The peak discharge conditions for Throckmorton Creek need to be confirmed with US Army Corps of Engineers methods for the LOMR-F application. The fill permit from Anna will be subject to acceptable review of the LOMR-1~ application. We will want to review the flood analysis based on existing watershed conditions and on watershed build -out conditions. The application for the flood zone fill permit should be submitted with or prior to the final plat documents. Copy to Mark T. Owens, P.E., Project Engineer P.O. Box 606 (75091) 225 E. Houston Sherman, Texas 75090 903 —968 --1644 Received Time'Oct, 18. 11:14AM ITEM 11: Consider/Discuss/Action regarding a Resolution setting the Public Hearing dates for the annexation of property along FM 2862 and South of Hwy 121. The proposed annexation is an involuntary, City -initiated action. The purposes are to insure City control of development along the City's primary corridors, to extend the City's jurisdiction toward the east edge of the City's ultimate planning area, and to close a corridor that potentially would allow McKinney to extend its ETJ into the Anna area. This annexation would extend the city limits northeastward along the south side of SH 121 to the intersection of FM 2862, then southward along FM 2862 almost to FM 545. This annexation would have the effect of closing the gap currently existing between the Blue Ridge ETJ and the Melissa ETJ. The annexation will not include any residential dwellings but will include the commercial development at the southwest corner of FM 2862 and SH 121. If the City is going to annex that area, which we very strongly encourage, we should try to complete that annexation before the end of the year. By annexing prior to December 31, we can add that territory to the 10% per year of territory that can be annexed in the next year (2007). Because of development occurring in the area, we are not able to anticipate the annexation needs of the city and therefore would like to have as much potential annexation area "bankrolled" as possible. The only way we can complete the annexation prior to December 31 is to hold the two public hearings on November 20 and 21. . The proposed resolution setting public hearing dates is attached. CITY OF ANNA, TEXAS RESOLUTION NO. (FM 2862 South of SH 121 - #1) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna desires to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section I. The City Council of the City of Anna hereby proposes to annex the property described in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 1St Public Hearing — November 20, 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX 2"d Public Hearing — November 21 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 26th day of October, 2006. AYES NAYS ABSTENTIONS ATTEST: APPROVED: Natha Wilkison, City Secretary Kenneth Pelham, Mayor ITEM 12: Consider/Discuss/Action regarding a Resolution setting the Public Hearing dates for the annexation of property along FM 2862 and South of Hwy 121. The annexation described in Item 11 is greater than one mile in length. Therefore, a second annexation is required to extend the Anna jurisdiction far enough south to close the "corridor" between the existing jurisdictions of Blue Ridge and Melissa. The two annexations are separate action and therefore require separate hearings but will be conducted at the same meetings. The proposed resolution setting public hearing dates is attached. roc• RESOLUTION NO. (FM 2862 South of SH 121 - #2) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna desires to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section I. The City Council of the City of Anna hereby proposes to annex the property described in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 1St Public Hearing — November 20, 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX 2"d Public Hearing — November 21 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 26th day of October, 2006. AYES NAYS ABSTENTIONS ATTEST: ...21• Natha Wilkison, City Secretary Kenneth Pelham, Mayor ITEM 16: Consider/Discuss/Action regarding Anna Center Ltd., and the City of Anna Development Agreement The attached agreement will govern the development of the 25 acre Anna Center (Underwood/ Brookshires) tract located at the southeast corner of W. White (FM 455) and the future Ferguson Parkway. This is the proposed site of the Brookshire's grocery store and additional retail and office pad sites. This agreement includes some very significant issues and some significant dollars, as well. The following is a summary of the key points in the agreement. Also attached is a summary of the ESTIMATED (in some cases guesstimates, at best) of the costs involved in this deal. 1. Ferguson Parkway (existing CR 367) Under previous agreement the developer will pay $38,400 toward cost of this roadway. 2. Traffic signal Developer proposes 50-50 split of expected cost of $100,000 - $125,000, if required by TXDOT. The signal will probably be required and is probably a good idea, given the traffic associated with the elementary school. 3. FM 455 improvements TXDOT is requesting a Traffic Impact Analysis (paid by developer). In our meeting with TXDOT local officials, we were given strong impression that TXDOT will require construction of a 13 foot wide lane along the front of the property, with a projected cost of $175,000. Developer has asked City to pay entire cost of this improvement. 4. Sewer line An 8" sewer line is needed from the lift station at the southeast corner of the Rattan Elementary property to the southeast corner of the 25 acre commercial tract. Developer proposes that City pay for this line at estimated cost of $75,000. 5. Drainage This is the killer item. Developer estimates that drainage improvements required to take upstream water will cost $240,000. Developer has stated that this cost would kill project. 7. Impact fees Developer has requested waiver of impact fees. 8. Lighting Developer has asked that City waive its lighting ordinance and accept a different lighting plan. We haven't had a chance to review this plan carefully because we did not receive it until late Friday afternoon. However, it looks like something that probably is not significantly different from what our ordinance requires. 9. Signage Developer has asked that City waive its sign ordinance and accept a different signage plan. Again, we haven't had a chance to review this plan carefully because we did not receive it until late Friday afternoon. However, it does not appear to be significantly different from what our ordinance requires. 10. Trees Developer has asked that City waive its tree ordinance. We have not had opportunity to do a tree survey and because the Developer is leaving a significant open space area through the center of the project, this request may not be a serious issue. We do need to complete a walk-through of the property to make sure that there are not significant quality trees that will be removed before we recommend signing off on the tree ordinance waiver. 11. Water line It can be argued that this item should not be considered since the 14" water line is a CIP line and is integral to our ability to serve the Rattan Elementary and other development in the area. It is being funded through impact fees already collected from builders and developers. The draft agreement that is attached will probably be significantly revised once we have had a chance to review all the exhibits and discuss this matter more seriously at a staff level and receive additional information from our attorney and engineer. We are sending it now so that you can have a chance to review it, Particularly reviewing Section 2 (the heart of the agreement) prior to discussion on Tuesday night. [name-WEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND o developer] This Development Agreement (the "Agreement") is made and entered into as of the day of 200 by the CITY OF ANNA, TEXAS (the "City"), a home -rule municipality in Collin County, Texas, acting by and through its governing body, the City Council of the City of Anna, Texas, and Anna Center, Ltd, a Texas limited Partnership organized under the laws of The State of Texas, (the "Developer"). The Developer owns or controls approximately 27 acres of land in Collin County, Texas, located within the City's municipal boundaries and described in the attached Exhibit "A" (the "Property"). A vicinity map of the Property is attached as Exhibit "A-1." The City wishes to provide for the orderly, safe, healthful and economically beneficial development of land within the City's municipal boundaries and surrounding areas as provided in Chapters 211 and 212, Texas Local Government Code, and to the extent provided by other law or exercised under its police powers as a home -rule municipality. The City and Developer desire that the Property be developed into a high quality master -planned development; however, the Developer represents that securing the f: J IF, A' ,Yr, i =,' ,ase aind development of the Property requires an agreement providing for long-term certainty in regulatory requirements and development standards by the City regarding the Property. The City and the Developer desire to obtain the benefits of certainty and predictability that can be provided by a development agreement. It is the intent of this Agreement to establish certain restrictions and commitments imposed and made in connection with—but not as a condition of p� a� _r 0`` development of the Property. The City and the Developer are proceeding in reliance on the enforceability of this Agreement. For and in consideration of the mutual agreements, covenants, and conditions in this Agreement, and other good and valuable consideration, the City and the Developer agree as follows: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 1 of 14 ARTICLE I DEFINITIONS Soctiou� 1.01 Terms. Unless the context requires otherwise, and in addition to the terms defined above, the following terms and phrases used in this Agreement must have the meanings set out below: City means the City of Anna, Texas. City Council means the City Council of the City or any successor governing body. County means Collin County, Texas. Developer means and includes [name of developer], individually and collectively, and any future owner of any portion of the Property who acquires same for the purpose of development and resale. Development Ordinance means City of Anna Ordinance No. 164-2004, passed and approved by the City Council on November 23, 2004, which changes the zoning of the Property to C-2 General Commercial and establishes additional conditions for the development of the Property, in the form attached to this Agreement as Exhibit "B" and not including any future amendments or changes. Person means any individual, partnership, association, firm, trust, estate, public or private corporation, or any other legal entity whatsoever. Planning Commission means the Planning and Zoning Commission of the City. Private Improvements means any improvements to the Property that are not Public Improvements. Property means approximately 27 acres of real property owned Developer, located located south of FM 455, and east of County Road 367, and described in the attached Exhibit A. Public Improvements means any improvements for drainage or other utilities on the Property, but for the purposes of this Agreement does not include the Thoroughfare Road Segment that is the subject of Section 2.03. Subdivision Ordinance means the City's subdivision ordinance and other land -use regulations of the City applicable to the development of the Property, effective as of the effective date of this Agreement as first recited above. TCEQ means the Texas Commission on Environmental Quality and its successors. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 2 of 14 Utility Services means service for residential or commercial use to provide water, wastewater, drainage or other similar services. ARTICLE II PLATTING, THOROUGHFARE, PARKS AND OTHER DEVELOPMENT FEATURES Section 2.01 Introduction. The Property is to be developed as a master -planned, commercial -use development. The areas shown in platting must be limited to those uses permitted by Section 16 of the Zoning Ordinance of the City, C-2 General Commercial. Developer may not permit any noxious or offensive activity to be conducted upon the Property, which necessarily includes, but is not limited to, sexually oriented businesses. Section 2.02 Platting. The Developer is required to plat any subdivision of the Property in accordance with the City's Subdivision Ordinance and this Agreement. Notwithstanding any other term of this Agreement, the subdivision plat(s) is subject to review and approval of the Planning Commission and City Council, in accordance with the requirements and procedures and planning standards of the City. Section 2.03 Thoroughfare Road Segment. The City and the Developer agree as set forth in this Section to jointly fund the construction of a particular segment of a major thoroughfare road contiguous to the Property referenced as "the Thoroughfare Road Segment." The Thoroughfare Road Segment is a part of a road known as "County Road 367", which is included in the City's Thoroughfare Plan. The Thoroughfare Road Segment consists of the eastern half of a four -lane concrete roadway, said roadway being 25 feet width from back of curb to back of curb. The Thoroughfare Road Segment is described in Exhibit B. The City and the Developer acknowledge that the completion of the Thoroughfare Road Segment will benefit both the Developer and the general public. The City and the Developer acknowledge that the term "construction costs" in this section includes engineering, associated geotechnical services, surveying and staking, actual street construction, including associated drainage improvements, and inspection services. With regard to the Thoroughfare Road Segment, the City and Developer agree that: (a) Developer will have no responsibility for the cost of road improvements for County Road 367, other than a financial contribution of $33,400—which represents 40% of the estimated construction costs of the Thoroughfare Road Segment—regardless of the actual construction costs. City will accept and be responsible for all design and construction of lighting and landscaping and all other proposed road improvements for County Road 367 and associated facilities; DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 3 of 14 (b) the Developer shall pay to the City the referenced $38,400 amount within 30 days after submission by the City to the Developer of an invoice for services or work completed; (c) City agrees that it will work to obtain a traffic signal at the intersection of FM 455 and CR 367, including requesting permission from TXDOT, and City agrees to install the signal at the earliest possible date. It is the intent of the parties herein that the cost for this signal light be shared equally between the Developer, and the City. Developer agrees to escrow required funds for the traffic signal within 30 days of TXDOT approval of the signal. It is agreed that any drainage required by the new improved roadway or any other utility modifications will be the responsibility of the City, at the sole cost of the City, including the maintenance of all items. (d) Upon final plat recordation, the Developer will dedicate the Thoroughfare Road Segment forever to the public. Section 2.04. Road Dedication. Developer agrees to dedicate additional right-of-way for County Road 367, as shown on the site plan Exhibit C, to provide an ultimate width of 120 feet. Developer further agrees to dedicate 20 feet of right-of-way for FM 455 to accommodate widening of the existing road. It is further agreed that all right-of-way shall be dedicated by separate instrument. Section 2.04. Park Dedication. Developer agrees to dedicate approximately acres of land to the City parks department generally located along the existing creek and identified on the attached Exhibit D. Such dedication to take place upon filing of the final plat. Section 2.05. Other Road Improvements. (a) City and Developer hereby agree that the City will widen FM 455 as required to accommodate dedicated left turn lanes into the main entrance to the Town Center and to County Road 367, as such time as required by TXDOT. The City will also install a deceleration lane for eastbound traffic to turn into the main entrance, if required by TXDOT. The cost of construction improvements to FM 455 will be borne by Developer, to be paid to City within thirty (30) days after receipt of invoice from City for work completed. The City will be responsible for all non -construction costs associated with such improvements. (b) City and Developer hereby agree that all access points along FM 455 and County Road, 367, as shown on the site plan Exhibit "B", have been approved by City (subject to TXDOT approval on 455) and are subject to no modification in the future without specific written permission and consent of all parties sharing or owning those proposed access points. Future additional curb cuts (and median breaks, if applicable) may be DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 4 of 14 obtained, provided they meet the regulations and standards of the City of Anna and the Texas Department of Transportation at the time of permitting. Section 2.06. Lighting and Signage. (a) City and Developer hereby agree that site lighting requirements for this project will comply with the Master Lighting Plan, attached as Exhibit "C". Maximum height of site lighting poles is 35' above grade. (b) City and Developer hereby agree that Developer has provided a Master Signage Plan, attached as Exhibit "D", for the entire development which will govern both site signage and out parcel signage including overall project and development signage for the entire property and for the out parcels. City hereby agrees that this will govern and that any changes or current issues in the City Sign Ordinance are hereby waived and the Master Signage Plan as agreed to in this agreement shall govern for current and future development of the project. Section 2.07. Sanitary Sewer Line. City agrees to install an 8" (minimum) sanitary sewer line to serve the Town Center. The line shall be installed to the property line at a point generally near the southeast corner of the property. Section 2.09. Other Features and Agreements. (a) It is agreed that texture coated concrete tilt wall is acceptable as a primary finish material on the buildings. (b) It is agreed that the Developer will not be required to save existing trees within the limits of the proposed retail development. (c) City will cooperate with Developer to find a source of fill dirt for the project. (d) Upon completion of the work for public improvements, good and sufficient title to all facilities constructed in the public rights-of-way are hereby warranted free of liens or encumbrances and hereby vested in the City of Anna. Section 2.08. Incov[poration of All City Ordinances. The Developer agrees that subject to changes to the City Ordinances expressly made herein, the Property is DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 5 of 14 subject to and bound by all of the City's ordinances, effective as of the effective date of this Agreement. Section 3.01 Regulatory Standards and Development Quality. With respect to the Thoroughfare Road Segment, the City and the Developer agree that the primary purposes of this Agreement are to assure the City and its citizens that the Thoroughfare Road Segment will be developed with high quality standards and will burden the current taxpayers only insofar as is necessary to fund the general public's roughly proportionate share of the Thoroughfare Road Segment, and to provide Developer certainty as to the regulatory requirements applicable to the development of the Property throughout the development process. Feasibility of the development of the Property is dependent upon a predictable regulatory environment and stability in the projected land uses. By the terms of this Agreement, the City and the Developer intend to establish development and design rules and regulations that will ensure a quality, unified development, yet afford the Developer some flexibility and predictability of regulatory requirements throughout the term of this Agreement. Accordingly, the City and the Developer agree that any City ordinance, whether heretofore or hereafter adopted, that directly conflicts with any matter that is expressly covered by this Agreement, must not be enforced by the City within the Property and that the provisions of this Agreement govern said matters with respect to the development of the Property. Section 3.02 Utility Services. Developer agrees to coordinate with the City in the development of the Property to utilize the City's excess water capacity currently available. Water service to the Property is available from a 12" line located along the south side of West White Street (FM 455) and/or a 14" line to be constructed by the City and located along County Road 376. Sanitary sewer service to the Property is available through a sanitary sewer line to be constructed by the City, with the connection point to be located at the southeast corner of the Property. Should the City require the Developer to construct lines that exceed City standards and the water and/or sewer requirements of the Property, the City shall pay the Developer for such oversizing, consistent with the provisions of Section 3.03. Section 3.03 Construction Standards for Public Improvements. This Section 3.03 pertains only to Public Improvements. Except as expressly stated in this Agreement, the Developer must provide drainage and utilities in accordance with all City ordinances, including those governing impact fees and meter fees. The Developer must provide written certification to the City from a professional engineer registered in the state of Texas that the design criteria for drainage, water, and wastewater improvements, as prescribed in City ordinances and regulations, have been met. All Public Improvements are subject to the permitting and inspection requirements of the City's ordinances. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 6 of 14 The Developer must not be required by the City to oversize any Public Improvements that are constructed to serve the Property to serve any areas outside of the Property unless the City chooses to provide mporaneous ne then incup nor pay pay anyent of ll costs of such co is related to oversizing to the effect that Developer must the oversizing. Section 3.04. Private Improvements. Except as expressly stated otherwise herein, the Developer must require private improvements to be constructed in accordance with the City's ordinances and applicable to the type of improvement being constructed. All private improvements must be subject to permitting and inspection by the appropriate City official. ARTICLE IV 1 t . Section 4.01. Vested Rights. Upon execution of this Agreement, the City and the Developer agree that the rights of all parties as set forth in this Agreement must be deemed to have vested in accordance with Texas Local Government Code Chapter 245, but developer waives all rights or remedies provided under Texas Local Government Code §245.002(4). Section 4.02. Waiver of Actions Under Private Real Property Rights Preservation Act. The Developer hereby waives its right, if any, to assert any causes of action against the City accruing under the Private Real Property Rights Preservation Act, Chapter 2007, Texas Government Code (the "Act"), that the City's execution or performance of this Agreement or any authorized amendment or supplements hereto may constitute, either now or in the future, a "Taking" of Developer's, Developer's grantee's, or a grantee's successor's "Private Real Property," as such terms are defined in the Act. Provided, however, that this waiver does not apply to, and the Developer and Developer's grantees and successors do not waive their rights under the Act to assert a claim under the Act for, any action taken by the City beyond the scope of this Agreement which otherwise may give rise to a cause of action under the Act. MATERIAL BREACH, NOTICE AND REMEDIES Section 5.01. Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement. (a) The parties acknowledge and agree frustratemajor thedeviation stent of thDeveloper Agreeme Agreement, the material terms of this Agreement would DEVELOPMENT AGREEMENT BETWEEN TPHE�aCITpY OF ANNA, TEXAS, AND [name of developer] therefore, would be a material breach of this Agreement. A material breach of this Agreement by Developer is deemed to have occurred in the following instances: (1) Developer's failure to develop the Property in compliance with the approved platting or this Agreement; or Developer's failure to secure the City's approval of any material or significant modification or amendment to the platting or this Agreement; or (2) failure of Developer to substantially comply with a provision of this Agreement or a City ordinance applicable to the Property. (b) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City is deemed to have occurred in the following instances: (1) imposition by the City of a requirement that the Developer, the Developer's grantee, or a grantee's successor apply for or obtain from the City any permit for construction of private improvements, obtain any inspection related thereto, or pay any fee for any application, permit, or inspection, other than as may be authorized in this Agreement or in City ordinances; (2) an attempt by the City to enforce any City ordinance within the Property that is inconsistent with the terms and conditions of this Agreement; (3) an attempt by the City to modify, amend, or control the platting or the construction of the Development when in compliance complies with the requirements of this Agreement; or (4) an attempt by the City to unreasonably withhold approval of a plat of land within the Property that complies with the requirements of this Agreement. If a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Article V must provide the remedies for such default. Section 5.02. Notice of Developer's Default. (a) The City must notify the Developer in writing of an alleged failure by the Developer to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The alleged defaulting Developer must, within 30 days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 8 of 14 (b) The City must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the alleged defaulting Developer. The alleged defaulting Developer must make available to the City, if requested, any records, documents or other information necessary to make the determination. (c) If the City determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that such failure is excusable, such determination must conclude the investigation. (d) If the City determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the alleged defaulting Developer in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City Council may proceed to mediation under Section 5.04. If the dispute is not resolved at mediation, then the City may exercise the applicable remedy under Section 5.05. Section 5.03. Notice of City's Default. (a) Developer must notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The City must, within 30 days after receipt of such notice or such longer period of time as Developer may specify in such notice, either cure such alleged failure or, in a written response to Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City must make available to the Developer, if requested, any records, documents or other information necessary to make the determination. (c) If the Developer determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination must conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 5.04. If the DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 9 of 14 dispute is not resolved at mediation, then the Developer may exercise the applicable remedy under Section 5.05. Section 5.04. Mediation. In the event the parties to this Agreement cannot, within a reasonable time, resolve their dispute pursuant to the procedures described in Sections 5.02 or 5.03, the parties agree to submit the disputed issue to non-binding mediation. The parties must participate in good faith, but in no event must they be obligated to pursue mediation that does not resolve the issue within two days after the mediation is initiated or 14 days after mediation is requested. The parties participating in the mediation must share the costs of the mediation equally. So0i©n 6.05 Remedies. (a) In the event of a determination by the City that the Developer has committed a material breach of this Agreement that is not resolved in mediation pursuant to Section 5.04, the City may, subject to the provisions of Section 4.03, file suit in a court of competent jurisdiction in Collin County, Texas, and seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act and termination of this Agreement as to the breaching Developer. (b) In the event of a determination by the Developer that the City has committed a material breach of this Agreement that is not resolved in mediation pursuant to Section 5.04, the Developer may file suit in a court of competent jurisdiction in Collin County, Texas, and seek any relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act and termination of this Agreement. ARTICLE VI BINDING AGREEMENT, TERM, AMENDMENT, AND ASSIGNMENT Section 6.01 Beneficiaries. This Agreement must bind and inure to the benefit of the City and the Developer, their respective successors and assigns. The terms of this Agreement must constitute covenants running with the land comprising the Property and must be binding on all future Developers and owners of any portion of the Property. A memorandum of this Agreement, in substantially the form attached hereto as Exhibit E must be recorded in the Official Public Records of Real Property of Collin County, Texas. There are no third -party beneficiaries to this contract unless expressly set forth herein. Section 6.02 Term. This Agreement must bind the parties and continue until a date that is five years from the date of this Agreement, unless terminated on an earlier date pursuant to other provisions or by express written agreement executed by the City and Developer. Upon the expiration of five years from the date of this Agreement, this Agreement may be extended, at the Developer's request and with City Council approval, for successive one-year periods. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 10 of 14 Section 6.03 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties must promptly execute and file of record, in the Official Public Records of Real Property of Collin County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. Section 6.04 Assignment or Sale. Any person who acquires the Property or any portion of the Property for the purpose of development and resale of the Property must take the Property subject to the terms of this Agreement, and once said person acquires the Property references to "the Developer" herein include said person. The terms of this Agreement are binding upon Developer, its successors and assigns, as provided in Section 6.01 above. Any contract, agreement to sell land, or instrument of conveyance of land which is a part of the Property must recite and incorporate this Agreement as binding on any purchaser or assignee. Developer understands that it has no authority to cancel or amend the terms of this agreement without specific, written agreement duly authorization by the City, nor does the City have authority to cancel or amend this agreement without the specific written agreement of Developer. Section 6.06 Transfer of Control of Developer. Any contract or agreement for the sale, transfer, or assignment of control or ownership of a Developer must recite and incorporate this Agreement as binding on any purchaser, transferee, or assignee. Section 7.01 Notice. The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other communications ("Notice") required to be given by one party to another by this Agreement must be given in writing addressed to the party to be notified at the address set forth below for such party, (a) by delivering the same in person, (b) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified; (c) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing "next -day" or "overnight" delivery, addressed to the party to be notified, or (d) by sending the same by telefax with confirming copy sent by mail. Notice deposited in the United States Mail in the manner herein above described must be deemed effective from and after three days after the date of such deposit. Notice given in any other manner must be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, must be as follows: City: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 11 of 14 City of Anna P. O. Box 776 Anna, Texas 75409-0776 Attn: City Manager (972) 924-2620 (facsimile) Developer: The parties must have the right from time to time to change their respective addresses, and each must have the right to specify as its address any other address within the United States of America by giving at least five days written notice to the other parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice must be extended to the first business day following such Saturday, Sunday or legal holiday. Section 7.02 Time. Time is of the essence in all things pertaining to the performance of this Agreement. Section 7.03 Severability. If any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then, and in that event, it is the intention of the parties hereto that the remainder of this Agreement must not be affected. Section 7.04 Waiver. Any failure by a party hereto to insist upon strict performance by the other party of any material provision of this Agreement must not be deemed a waiver thereof or of any other provision hereof, and such party must have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. Section 7.05 Applicable Law and Venue. The construction and validity of this Agreement must be governed by the laws of the State of Texas without regard to conflicts of law principles. Venue must be in Collin County, Texas. Section 7.06 Reservation of Rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws. Section 7.07 Further Documents. The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further documents and do such further acts and things as the other party may reasonably request in order to effectuate the terms of this Agreement. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 12 of 14 Section 7.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. Section 7.09 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, Developer, its successors or assigns, must comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances not in conflict with this Agreement, and any rules implementing such statutes or regulations. Section 7.10 Representations and Warranties Concerning Ownership of Property. The Developer hereby certifies, represents and warrants the surface estate of the Property is owned by Anna Center, Ltd, that no other Person has any right, title or interest in the surface estate of the Property, and that the execution of this Agreement will effectively bind the Developer and the Property to the terms and provisions hereof. Section 7.11 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances and other applicable law. The Developer hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws or partnership agreement of such entity. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the day of , 2006. By:_ Name: Title: CITY OF ANNA, TEXAS By: Kenneth Pelham, Mayor Anna Center, Ltd By: Name DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 13 of 14 Title BEFORE ME, the undersigned authority, on this day personally appeared [name of authorized rep. of developer], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that: "My name is [name] I am the [title] of Anna Center, Ltd. I have read the foregoing instrument, and I fully understand its contents. I represent it to be a fact that the statements contained therein are true and correct, and that I have signed the same freely and voluntarily, and execute the same with full authority from and on behalf of Anna Center, Ltd. for the purposes and consideration therein expressed and none other." SUBSCRIBED AND SWORN to before me this day of 2006. Notary Public - State of Texas DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer] Page 14 of 14 FM 455 80' R.O.W. � j I I � j � j 1 i j l ! i i ------------------- V J j I ---- - ---- ----- i d 2 FUD _ S'AF3 N j 1 1711111 Pad 3 F� 0 50 100 200 Th si pal n illustrates the parcel of land covered by the "City -Developer Agreement'. On site building and parking layout is subject to change. _ II t{r�i4 architecture planning �C.HEItiiE project no. dravm date fa9a2omo D,U..T... ]524a 1a 06020 CPH 10-,6-0b �,.n �� �LL7'"t�'i PFwna: 9]2 30]-100D fax: 9]2 980-1129 �,_ � -. ' wwvi.hotlgasusa.com FLL(I FM 455 80'R.O.W. mm ------------------- F "A .3 +5.26 AC PARK DEDICATION M-1 EXHIBIT A 1`2 0 50 100 200 sc, architecture planning C', "PMEMME"" Anna Town Center ANNA, TEXAS 1-4-4 06020 0111 t 0- 6- 06 RM Ph-: 9)2301-1000 f- 972960-1129 . ........... . : FFFFFFFMITM I i I I I ".1TIT �'­ 1 UFM7 I ) ,'I I'D b o-�j a D; eC 13, 1 yr ri pa'c; 2 7,7 _J• (IJILLHI Pi'd 3 'graREF V_ 110 SF b, SROOKSHIRF'S 44,8,00 SF 11071 \< 11GHT116 WMENSION5 nIECIRATIVII! 11,111IMS Al"ry've ily; �Injld SPLCIFICAtIONS HOUSINCToA,749 Sitits 1)Jto kmitjis Oat eot',443 14%wr'JAY -alar mll:W 41WI00P inobrIVIO tFt41f. 4I xF wlvraiNq, T% riiI Tt"t?-Jetijn rmwei; I M?:fllumw Kmlfti vmr 01 Ina—'1711M &II UNSANO FIRAW Ltaiirt lnijurirm3avl tt CErr gS s .4 flat %Y'Awt§ lefts a &ltiealrdla t16 kr0oul 16410 ��lt &A 5�6'9'_NlrA III& fctIt f v fmii [I, L? Rrart s -a 1 fd i1 I h r kzJ r., Y.s ;I Iran )"it, tu I cov .rfnf srs famI,. MIMES rw"o' &t III A'�l Wl') g, thmral ll pv'lyfit'r I idoouj Jfr"6IIIc n il'I, JIA Jft'l I t_kyf.l 10144 oqic. Tfq llly—pier ilIw', V a <oftm 'A'11t.),?."0Itqqt­ 011T t€=rz�kixy c C*",lSt. �I'Jajwd as I Alvr"'07S t1'1 ;lN'_ RMECTORSMISTRIBill"ON PATURAS FI VAMMI! U111 n p0li? It i In 11in IfultntIm rffllv�w volatff IF, Wf 415trih-dIs pitt� i. 9cr-,kzl mri 1w, is 3 p R ID, Tylpe 1111 C41, TIpt :iwd P,HtIi? I I, >rqrj Tt -.,";I t LIU K11 '501)RCES Wound tf:,,Pti,Zi0 VP is 100 WAI 1 100 11"KSillt sf'Oy- md ytta. llplldc binlam UCKEIS Ptr_04ri milu -ht.,f stekt s 101h. oit-(W BALL 0 -,IWA t# HfF r, -t t1I11Iqq art, uani tfil�e_ Mau It i .4 V flat Ilsr I'Vi kwtrf Smulow, 4mettL, Ir if row ,t f;,,r Mmll W I M t at f -41, F f-, RxIs P YY ItIft &'J 41 f i g ­,M) t h 10 DUN, POLES &JW3 D' rcuut rt4t5 ai bnA.Izle it, mixrNt ,r I oz•-LIt rtl. A€ -. 0 a';� i I ', It � �e. I :!i 4 1,) ci I J I�1 kdat If ablumvin let ff i+'I 1 'Itn' "Ift IMP 1 �-4 U)n im4l, 7 wil 6 Ik t if�t F�jqllo" orf at LP IffL M I'D' R� WLS Lame sisim M A I N U I'A C 10 1111 N6 S I N K t 1969 ilwI, a I Tw GAS— OR THE INFDR—ON 111111ED, ALL DIMENSIONS AND LUMINAIRE LOCATIONS SHOW REPRESENT RECOMMENDED POSITIONS. THE ENGINEER AND/11 ARCH ECT Mu , UST - MASTER LIGHTING PLAN DrE.R.MINE APPLI—ILITY OF THE LAYOUT TO EXISTING DR FUTURE FIELD CONDIT ON TH19 LIGHTINGPATTERN REPRESENTS ILLUMINATION LEVELS CALCULATED FROM LABORATORYDATA TAKENUNDER CONTROLLED CONDITIONS I INR11 T C' EXHIBIT C IN..TRY RARN.I.A—RDAN.EWTHLUMINAT.. _ f ENGINEERINGSOCI.ETY APPROVED METHODS. ACITAL PERFORMANCE OF ANY "A"UFAITURIRILU1=1 MAY VARY DUE 11 VARIATION IN ELECTRICAL TOLERANCE INL..._ERR.A_EFIELD OEM.T,..G - 0 so 100 200 ......• �This plan indicates the style of site lighting fixture to be used and typical lighting levels for retail. Exact placement of poles is subject to change and will I be adjusted based on final site layout. Alternate manufacturers are acceptable i provided the pole and fixture appearance and performance standards match C the fixtures specified on this plan. For non -retail areas of the Town Center, 111A. 1-1pole heights may be reduced & illumination levels may be lowered. amama Anna Town Center ANNA, TEXAS r,7777Z-,',', architecture planning SCHEME MnM. J 13642ORRga Daf�T­ 75244-4514 MLP V72 Cil F. lo. 1646 .1129 (,('020 hod MENEM - www L FM 455 GAS PRICE 80' R.O.w. SIGN/—MONUMENT / SIGN #2 ---------- --Vis.-�-------- ',� � ------ - I.D. SIGNS#1— MONUMENT-- I (SIGN #1 i4 -J! i EI - - -- , h, �� • ��� I j I J L--------- FUEL --U ----- v I Pad 2 �'E_ ,i•i E., srrr�� � I.D. Sign #2 —I.D. Sign #3 Y----=— 1 -------------- ' -- r---------- NOTE: ADDITIONAL I.D. SIGNS MAY BE CONSTRUCTED ON C.R. 367 PROVIDED \THEY ARE SPACED A MINIMUM OF / 200 FEET APART I.D. ,SIGN #4"4 hn t'a' a• STONE OR . CAP MONUMENT SIGN #1 / CR 367 MONUMENT SIGN #2 / FM 455 c TENANT o I� I TENANT I.D. SIGNS #1-5 MASTER SIGNAGE PLAN EXHIBIT D = l,, 0 50 100 200 _ --- --- [This plan illustrates allowable monument and wall sign loc-ations, design style and size. Tenant sign panels may be adjusted in size or combined as needed to accomodate specific tenant names. This plan shows the general location of I he gas price sign, but it is not intended to regulate the design of the gas price sign beyond restrictions defined by the current city ordinance. The signs i indicated represent permitted signs, however the developer may construct fewer signs_ { tr4a[1a architecture planning SCHEME Anna Town Center ANNA, TEXAS t�Z Drasj­ 752444514 w72 .387IDDD susattmz9 hoascoY f. S dg, z ui5 uiW Q Z W a O J ui LU cl W U Q N N C O O W 0 D LL O 7 U) II L I °' m E ! �I 0 o O U) - I U) � �� a) U O U i _0 O v O CD N O U � cn 0 0 a o0 a o LU ate) a� :Y N o — — 3 o p po o ami > ole 0 LO CL Q I 0 M c U Q 1 :1 � : j s U a o > o o a) O c a) O o c o M o Q �QI Z C O p EIS: O� -Q- a) ° o rnC m .�� a) -o m Q m E Q CL o -o a) >, aa'i L 0 C Q o a� to in a fB Q N i_� > O.. a) -0 CL U ^L ^^L ^^L 0 o 0 0 0 0 1 1 1 1 O Ln O o O o Q) �y ( o N ON 0000 ti V' r N 00 EA ffi (fi 61. EFT (f} 69- 09i i K} ff? fA Ef? N O O O O O O (O O U') Ln O O O CO U M U V 00 ti ocuf y o 0 0 0 0 4V O Lr O C c� m co (O 000 CN- CD M 69- 6 � 3 I o n, o o' c 0 cn CL rn Q >, 3 a) Lo in 'n a� a) ti `� cn as m C O L Q 1 1 L 1 1 a) C:U) a) O * i EE L (n U) ( a) a) i 1 N QL O 3 U Lf) df m $ a) Ica o 0) L N a) _ C O •� ca C 03 lid FAL- LL.��_!� �' U) !:0!:, H�N NM'I (o(0I�MOOr NM, Un (O t—wOOr-NM3'm (fll--Oo ITEM 19. Consider/Discuss/Action regarding Resolution setting the Public Hearing dates for the Annexation of property on the east side of CR 423. When the City annexed the south Highway 5 corridor area a few months ago, we inadvertently omitted a single tract located on CR 423. The adjacent properties on the north, east and south were annexed. The property is located in the triangle at the south edge of the City's planning area along SH 5 (the area that includes the Calvary Baptist Church). The attached resolution establishes public hearing dates for the proposed annexation. (Hwy 5 (Powell Pkwy) West on the East Side of CR 4231 A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna desires to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section I. The City Council of the City of Anna hereby proposes to annex the property described in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 1St Public Hearing — November 20, 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX 2nd public Hearing — November 21 2006, at 7:00 p.m. at Community Room, Texas Star Bank, 402 W. White Street, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 26th day of October, 2006. AYES NAYS ABSTENTIONS ATTEST: APPROVED: Natha Wilkison, City Secretary Kenneth Pelham, Mayor LOCATION MAP SCAL E 1 =500' UOU UO U0:01a jiatinan uison Phone Number 940,595.0528 Fax Number 940.665.6179 FAX TRANSMIT-rAL FOP—M To: 6,'4 0.From: Nathan Dison Name: Date Sent OIZ Y12 C2 Re: Phone: Number of Pages: 2 ',,k Fa)c-9 72, Messai3e: is Received Time Oct,24, 8:24AM Uct e4 Ue UU:j1a Nathan u1son 7 p.Z Sep. 28. 2006 2:36PM City of Anna Texas No. 2680 P. 7 .(972) 924-3325 - fax (972) 924-2620 WAIVER OF THIRTY (30) DAY RULE i I hereby waive my rights under Local Government Code, Section 212,009, to have the plat referenced in the attached application acted upon within thirty (30) days after filing of the plat. I hereby certify that I am the owner of the property or the legal representative of the owner of the property described in the attached application. Name Witness /U 12 q Z-2vo6 Date Post Office Box 776 * Anna, Texas 75409-0778 Received Time Oct.24. 8:24AM Page 1 of 1 Ross, Tana From: NATHAN OLSON [info@nate-olson.com] Sent: Tuesday, October 24, 2006 8:22 AM To: Ross, Tana; mark t owens3 Subject: Waiver of thirty day rule Tana, We will be asking for Item 10 to be tabled after discussion this evening. I think we can have the remaining two comments addressed in the two weeks following tonight's meeting. I am faxing in the waiver and I will sign another at Council tonight if you need an original. Please write back after reviewing the fax to let me know if the waiver is complete and accepted. Thank you. Nate Olson 10/24/2006