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HomeMy WebLinkAbout2006-12-12 Regular Meeting PacketITEM 7: Consider/Discuss/Action regarding an Ordinance changing tw" zoning on a tract of land in the Henry Brantley Survey, Abstract N 71, from Single Family Residential (SF -1) to Restricted Commerci zoning. Property is located north of Hackberry Lane o Pn t west side of owell Parkway (Hwy 5). 1 The council acted to approve the requested zoning on this property at your meeting of October 24. However, there was not an ordinance in your packet and your action did not specifically reference approval of an ordinance. To insure that there will not be uncertainty regarding the council action and to provide appropriate documentation of this action, we are asking that you approve the attached ordinance. This ordinance in effect ratifies your action of October 24. council members. Council Member Geren made the motion to go ahead with Fire Protection Review Services with the Addendum, City Attorney, Clark McCoy suggested to the contract. Council Member Deragon seconded the motion. Council Member Geren amended the motion to include plan review starting at 10,000 square feet for commercial buildings. Council Member Deragon seconded the amendment. Motion passes ABSTAINAYE 5 NAY 0 Public8. Hearing: To consider public comment on a request by Mr. Joe Greer to change Powellzoning on tract of land in the Henry Brantley Survey, Abstract No. 71, from Single Family Residential (SF -1) to Restricted Commercial (CI) zoning. Property is located north of Hackberry Lane on the west side of Parkway (Hwy 5). Acting Mayor Crim opened the public hearing at 7:14 p.m. Joe Greer spoke in support of the zoning change. Acting Mayor Crim closed the public hearing at 7:17 p.m. 11. Consider/Discussion/Actionon recommendation-.. • . request by AbstractJoe Greer to change zoning on tract of land in the Henry Brantley Survey, • 71, from. . to Restrictellf Commercial (CI) zoning. Property is located north of Hackberry Lane or the west side of Powell Parkway (Hwy 5). City Manager, Lee Lawrence explained to council the concerns with having a C-2 commercial zoning close to residential zoning. If Mr. Greer came could come to council with a Specific Use Permit for a user that is okay for the residential area. Council Member Geren made the motion to change the zoning from residential to Restricted Commercial (Cl) zoning. Council Member Anderson seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN it, • ,recommendationsfor Park Place d. Acting Mayor Crim stated that a letter had been received requesting this item be tabled. Council Member made the motion to table item 10. Council Member Green seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 •- City Manager, Lee Lawrence stated this is a city initiated annexation and answered questions from council members. Council Member Deragon made the motion to pass the resolution. Council Member Anderson seconded the motion. Motion passes. 10-24-06 CouncilMinutes.docc 2 10-24-06 CITY OF ANNA, TEXAS ORDINANCE NO. GREER 3.316 ACRES AN ORDINANCE OF THE CITY OF ANNA, TEXAS, PROVIDING FOR ZONING OF PROPERTY BEING ANNEXED TO THE CITY OF ANNA, TO AMEND THE ZONING MAP OF THE CITY OF ANNA TO PROVIDE THE REZONING OF CERTAIN PROPERTY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property described in Exhibit A attached hereto has requested certain zoning for said property; and WHEREAS, the City Council of the City of Anna has given the requisite notices and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, and WHEREAS, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by zoning the tract described in Exhibit A, attached hereto and made an integral part of this Ordinance, as Restricted Commercial C-1. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage by the City Council and approval by the Mayor. Ord. -2006 Zoning -Greer 3.316 acres Tract 1 12-12-06 PASSED on this the 12th day of December, 2006, by the following vote of the City Council of the City of Anna, Texas. AYE NAY ABSTAIN ATTEST: APPROVED: Natha Wilkison, City Secretary Kenneth Pelham, Mayor Ord. -2006 Zoning -Greer 3.316 acres Tract 2 12-12-06 DESCRIPTION Being a tract of land situated within the Henry Brantley Survey, Abstract Number 71, City of Anna, Collin County, Texas and being all of a called 1.15 acre tract of land conveyed to J. Greer by a deed filed for record in Volume 214 at Page 532 of the Deed Records of Collin County, Texas and a portion of a called 5 acre tract of land conveyed to J. Greer by a deed filed for record in Volume 214 at Page 531 of the Deed Records of Collin County, Texas. Said tract of land being more particularly described by metes and bounds as follows: Beginning at a 1/2" rebar found for the Northwest corner of the aforementioned 5 acre tract and also for the common corner of the tract of land herein described and a tract of land conveyed to K. Howell by a deed filed for record in Volume 5190 at Page 3444 of the Deed Records of Collin County, Texas, from which a 1 /2" rebor found for the Northeast corner of said .5 acre tract bears S 89'30'43" E, 61;3.47 feet; Thence S 89'30'43" E,a�ang the North boundary line of the aforementioned 5 acre tract, 273.72 feet to a t/2" rebar with a cap marked "RPLS 4967" set at it's intersection with the West right—of—way line of N. Powell Parkway (State Highway Number 5); Thence Southwesterly, passing at 23.08 feet a wooden right—of—way marker and continuing for a total distance of 341.72 'feet along the aforementioned West right—of—way line and the arc of a curve to the left, having a radius of 7,689.49 feet, a central angle of 02'32'46" and a chord which bears mentioned 5 acre tract; S 04'34'42" W, ,341.69 feet to a wooden right—of—way marker found fora corner on the South boundary line of the above— Thence N 88'10'31" E, along the .aforementioned South boundary line, 2.27 feet to a 1/2" rebar with a cap marked "RPLS 4967" set for a corner; Thence S 00'44'14" W, continuing, -along the above—mentioned West right—of—way line, 214.40 feet to a 1/2" rebar with a cap marked "RPLS 4967" set for a corner, from which a concrete right—of—way marker bears S 00'44'14" W, 142.69'; Thence N 89'09'17" W, 258.37 feet to a 1/2" rebar with a cap marked "RPLS 4967" set for a corner on the East boundary line of a tract of land conveyed to H. Risner by a deed filed for record in Volume 572 at Page 390: of the Deed Records of Collin County, Texas; Thence N '01'17'00" E, along the aforementioned' East boundary ,line, passing at 94.34 feet a 1/2" rebar found for the Southeast corner of a tract of land conveyed A. B. Roper., as Tract 11, in a deed filed for record ,in Volume 5649 at Page 2487 of the Deed -) Records of Collin County, Texas, passing at 392.18 feet a'1/2 rebar found for',the common -East corner of the above—mentioned Howell tract and a tract of land conveyed A. B. Roper, as Tract I, in a deed filed fore record. in .:.Volume 5649 at Page 2487 of the Deed Records of Collin County, Texas, and. continuing for a total distance of 553.57 feet to the Point of Beginning. Said tract of land containing 144,456 square feet or 3.316 acres, more or less. NOTE: The survey shown and described hereon was prepared without the benefit of a title commitment and may not reflect all items of record which would be found by_a current title commitment. With reference to my copy of the Federal Emergency Management Agency Flood Insurance Rate Map for Collin County, Texas, Community Panel No. 48085C -0175—G! Revised on _j /19/96 the subject property's scaled location lies within Flood Zones) X , which is not designated a 100 year Special Flood Hazard Area. The above map may not include all Special Flood Hazard Areas and after a more detailed study the Special Flood Hazard Areas may be modified and other areas added. Localized flooding may occur someday due to changes in adjacent drainage patterns. I do hereby certify that this survey was made on the ground, under my direct supervision and the plot hereon is a true and correct representation of this property, said survey and plat meet the Minimum Standards for Land Surveying in the State of Texas; there are no visible conflicts, encroachments, overlapping of improvements or easements except as shown; all easements and other matters of record of which I have been advised, by the above commitment, are as shown hereon. Delta Land Surveying makes no representation as to the accuracy or completeness of said commitment. Larry W. Busby TX R.P.L.S. No. 4967 — NM R.P.Si No. 11398 ANTHDNY DR. ,F - ,RN ST EET Q i -+ + i- + T + T i r t t i + + + + + + + + + + + + + + + L() + + Z v +-7 HACKBERRY LANE + + + + W + + > FIRST ST .+ w w F w w E] v. + + + o �m u - M-1 Q + SECOND z STREET L < fJ+ < -Z r �� ; ITEM 8: Consider/Discuss/Action regarding an Ordinance for Annexation of property along FM 2862 South of SH 12141. The City has initiated an annexation of property along FM 2862 from FM 121 south to CR 503. Because the area being annexed is greater than one mile in length, two annexations actions are required. This annexation includes the area along FM 2862 for a distance of one mile from the intersection of FM 2862 and SH 121. The purposes of the annexation are: 1. Establish the ability of the City of Anna to more effectively control land uses and development along major corridors in the Anna planning area. 2. Protect the area within the Anna planning area, especially area within the Anna ISD, from potential jurisdictional conflict with other municipal entities. This annexation will close a corridor through which the City of McKinney and/or the City of Melissa could extend their jurisdiction(s) into the Anna planning area and Anna ISD. This annexation includes one residential unit (what appears to be a older mobile home, located at the southeast corner of FM 2862 and FM 455) and the non-residential development located at the southeast corner of FM 2862 and SH 121. The primary property owner of the non-residential development has advised City staff that she does not object to the annexation. The annexation ordinance is attached. CITY OF ANNA, TEXAS ORDINANCE NO. ANNEXATION - FM 2862 396.7 ACRES AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND ADOPTING A SERVICE PLAN FOR SAID TERRITORY AND ITS INHABITANTS WHEREAS, certain property owners have petitioned the City of Anna to have their property annexed to the City of Anna; and WHEREAS, said properties are adjacent to and adjoin the present boundaries of the City of Anna; and WHEREAS, a service plan providing for the extension of municipal services into the proposed annexed area and attached to this ordinance as Exhibit B and hereby made part of this ordinance was prepared prior to publication of notice of hearings and reviewed at said hearings; and WHEREAS, after hearing the arguments for and against the annexation, the City Council has voted to annex said territory to the City of Anna, Texas; now therefore Section I. The land and territory described in Exhibit A, attached hereto and hereby made an integral part of this Ordinance, lying adjacent to and adjoining the present boundaries of the City of Anna, Texas, is hereby added and annexed to the City of Anna, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Anna, Texas, and the present boundary limits of such city are altered and amended so as to include said area within the corporate limits of the City of Anna, Texas. Section 2. The above described territory and the area so annexed shall be a part of the City of Anna, Texas, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bounded by the acts, ordinances, resolutions, and regulations of the City of Anna, Texas. Section 3. The service plan providing for the extension of municipal services into the annexed area and attached to this ordinance as Exhibit B is hereby adopted. The City Secretary is hereby directed to file with the County Clerk of Collin County, Texas, a certified copy of this ordinance. FM 2862 Acre Annexation Page 1 of 2 PASSED on this the 12th day of December, 2006, by the following vote of the members of the City Council as present: AYES NAYS ABSTAIN APPROVED: Mayor FM 2862 Acre Annexation Page 2 of 2 ATTEST: City Secretary ANNEXATION SERVICE PLAN 396.7 ACRE FM 2862 TRACT 1 DECEMBER, 2006 CODE ENFORCEMENT Code Enforcement includes activities of inspecting properties and buildings and securing compliance with adopted ordinances and codes relative to the following: (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Trash and debris (3) Stagnant water and unsanitary conditions (4) Junked vehicles and parts (5) Junked appliances and materials (6) Enforcement of the International Property Management Code pertaining to maintenance of private property and habitability of existing housing City code enforcement activities will be conducted in newly annexed territories under the same terms and on the same schedule and using the same procedures as for other areas inside the corporate limits. Code enforcement services will be implemented immediately upon the effective date of the annexation of the property. SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally, the ordinances provide single family residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streetside twice per week for a fee that is established by the city council. Service to multifamily and non-residential customers is provided by the City through a contractor and service schedule and facilities depends on the needs of the customer. Most large objects can be picked up on an as -needed basis. The solid waste customer Page 1 of 5 must arrange for large object pick-up by calling the City of Anna (972-924-3325). Present solid waste collection service routes will be extended to cover annexed areas. The City currently contracts with private firms that provide solid waste collection services. The individual customer will be provided information regarding solid waste collections services when the customer makes his/her water and/or sanitary sewer service deposit. These services will be implemented within sixty (60) days of the effective date of the ordinance of which this service plan is a part. Residents of the newly annexed area that have existing contracts with solid waste service providers have one year from the date of annexation or until termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. PLANNING, ZONING AND MAPPING The function of planning, zoning, and mapping is to implement ordinances relating to zoning classifications within the City and to provide mapping resources. Zoning functions include the following: (1) Provide proper zoning classification of properties within the City. Zoning is a tool to designate the uses of property, such as residential, business, agricultural, industry, etc. Proper zoning ensures the best use for the property and, at the same time, protects adjacent properties from mixed uses that reduce property value and lower the quality of life for adjacent property owners and residents. It also regulates parking, building heights, lot coverage, noise pollution, setbacks, and regulations relating to the use of property. (2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum building area, storage, heights, and other items. (3) Implement and enforce subdivision and plat requirements. (4) Provide assistance to citizens building on their property and handle complaints relating to land use and zoning. Mapping and drafting functions include the following: (1) Provide mapping resources of new territories, zoning, streets, water and sewer lines, easements, right-of-ways, subdivisions, lots, and other related matters. (2) Assist citizens in matters related to their properties and maps containing requested information. Page 2 of 5 These services will be provided to residents and property owners in newly annexed territories on the some basis as they are provided to residents and property owners in the existing incorporated area. Planning, zoning, and mapping services will be implemented immediately upon the effective date of the annexation of the property. FIRE PROTECTION SERVICES The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. Fire protection services provided by the Anna Volunteer Fire Department to the City include response to fire calls and inspection of commercial and industrial structures for code violations. All fire protection services provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within the newly annexed area upon the effective date of the annexation. Volunteers are available for consultation on fire prevention on request by citizens and/or property owners of the community. Fire protection services will be implemented immediately upon the effective date of the annexation of the property. STREET MAINTENANCE The street maintenance function is primarily supported from ad valorem (property) and sales taxes. Maintenance activities are determined by the level of funding and the need for maintenance as determined by the city council. Once the annexation of property included in this ordinance has been completed, all streets, roads, and bridges included in the annexed area will be added to the City's street maintenance program. Roadways in the newly annexed area will receive equal consideration with regard to maintenance as those within the existing corporate limits. Street maintenance services will be implemented immediately upon the effective date of this ordinance or after the acceptance by the City of the streets in a new subdivision, whichever is appropriate. WASTEWATER SERVICES Citizens and property owners in newly annexed areas will be offered sanitary sewer service in accordance with existing City ordinances. Generally these ordinances state that the customer must bear Page 3 of 5 the cost of construction of sewer system facilities to a point where service to the customer can be provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on Environmental Quality, Collin County, and City of Anna regulations and specifications. The property involved in this annexation is not within the City's sanitary sewer certificated area. It is anticipated that if property owners in the annexed area propose development that requires sanitary sewer service that a Development Agreement or Facilities Agreement will be promulgated that will identify the details regarding provision of sanitary sewer service for the newly annexed area. The policy for private service lines will remain the same as exists in the current city limits. That is, the City will maintain main transmission lines only. Only one connection per structure is permitted without specific written approval from an authorized official of the City. Sanitary sewer service rates will be assessed at the same rate as established for other city customers in the same use classification. WATER SERVICES The property annexed through this ordinance is located within an area certificated to the Westminster Water Supply Corporation ("Westminster"). If the area within the Westminster certificated area cannot be served by Westminster to the standards required by City of Anna regulations, the City reserves the right to request that the area be served by the City. Further, should Westminster no longer have a certificate to provide water service in the area, the City of Anna reserves the right to provide water service to the area. Under any circumstances the service and facilities provided in the annexed property must meet City of Anna subdivision and other regulations and standards for water service, unless written variance from those regulations and standards is granted by the City. Residents and property owners in newly annexed areas will be offered water service in accordance with existing City ordinances. Generally, these ordinances state that the customer must bear the cost of construction of water system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. Water service facilities designed to connect an unserved area to the City's existing system must be approved by the City Council and meet all City zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance Page 4 of 5 with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. The policy for private service lines will remain the same as exists in the current City limits. That is, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point of usage is the property owner's responsibility. Water service charges will be assessed at the same rates as established for other city customers in the same use classification. Page 5 of 5 ITEM 9: Consider/Discuss/Action regarding an Ordinance for Annexation of property along FM 2862 South of SH 12142. The City has initiated an annexation of property along FM 2862 from FM 121 south to CR 503. Because the area being annexed is greater than one mile in length, two annexations actions are required. This annexation includes the area along FM 2862 from a point one mile south of SH 121 to CR 503. The purposes of the annexation are: 3. Establish the ability of the City of Anna to more effectively control land uses and development along major corridors in the Anna planning area. 4. Protect the area within the Anna planning area, especially area within the Anna ISD, from potential jurisdictional conflict with other municipal entities. This annexation will close a corridor through which the City of McKinney and/or the City of Melissa could extend their jurisdiction(s) into the Anna planning area and Anna ISD. This annexation includes no developed area (residences or non-residential development). The annexation ordinance is attached. CITY OF ANNA, TEXAS ORDINANCE NO. ANNEXATION - FM 2862 96.4 ACRES AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND ADOPTING A SERVICE PLAN FOR SAID TERRITORY AND ITS INHABITANTS WHEREAS, certain property owners have petitioned the City of Anna' to have their property annexed to the City of Anna; and WHEREAS, said properties are adjacent to and adjoin the present boundaries of the City of Anna; and WHEREAS, a service plan providing for the extension of municipal services into the proposed annexed area and attached to this ordinance as Exhibit B and hereby made part of this ordinance was prepared prior to publication of notice of hearings and reviewed at said hearings; and WHEREAS, after hearing the arguments for and against the annexation, the City Council has voted to annex said territory to the City of Anna, Texas; now therefore Section I. The land and territory described in Exhibit A, attached hereto and hereby made an integral part of this Ordinance, lying adjacent to and adjoining the present boundaries of the City of Anna, Texas, is hereby added and annexed to the City of Anna, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Anna, Texas, and the present boundary limits of such city are altered and amended so as to include said area within the corporate limits of the City of Anna, Texas. Section 2. The above described territory and the area so annexed shall be a part of the City of Anna, Texas, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bounded by the acts, ordinances, resolutions, and regulations of the City of Anna, Texas. Section 3. The service plan providing for the extension of municipal services into the annexed area and attached to this ordinance as Exhibit B is hereby adopted. The City Secretary is hereby directed to file with the County Clerk of Collin County, Texas, a certified copy of this ordinance. FM 2862 96.4 Acre Annexation Page 1 of 2 PASSED on this the 12th day of December, 2006, by the following vote of the members of the City Council as present: AYES NAYS ABSTAIN APPROVED: Mayor FM 2862 96.4 Acre Annexation Page 2 of 2 ATTEST: City Secretary ANNEXATION SERVICE PLAN 96.4 ACRE FM 2862 TRACT 2 DECEMBER, 2006 CODE ENFORCEMENT Code Enforcement includes activities of inspecting properties and buildings and securing compliance with adopted ordinances and codes relative to the following: (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Trash and debris (3) Stagnant water and unsanitary conditions (4) Junked vehicles and parts (5) Junked appliances and materials (6) Enforcement of the International Property Management Code pertaining to maintenance of private property and habitability of existing housing City code enforcement activities will be conducted in newly annexed territories under the same terms and on the same schedule and using the same procedures as for other areas inside the corporate limits. Code enforcement services will be implemented immediately upon the effective date of the annexation of the property. SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally, the ordinances provide single family residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streetside twice per week for a fee that is established by the city council. Service to multifamily and non-residential customers is provided by the City through a contractor and service schedule and facilities depends on the needs of the customer. Most large objects can be picked up on an as -needed basis. The solid waste customer Page 1 of 5 must arrange for large object pick-up by calling the City of Anna (972-924-3325). Present solid waste collection service routes will be extended to cover annexed areas. The City currently contracts with private firms that provide solid waste collection services. The individual customer will be provided information regarding solid waste collections services when the customer makes his/her water and/or sanitary sewer service deposit. These services will be implemented within sixty (60) days of the effective date of the ordinance of which this service plan is a part. Residents of the newly annexed area that have existing contracts with solid waste service providers have one year from the date of annexation or until termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. PLANNING, ZONING AND MAPPING The function of planning, zoning, and mapping is to implement ordinances relating to zoning classifications within the City and to provide mapping resources. Zoning functions include the following: (1) Provide proper zoning classification of properties within the City. Zoning is a tool to designate the uses of property, such as residential, business, agricultural, industry, etc. Proper zoning ensures the best use for the property and, at the same time, protects adjacent properties from mixed uses that reduce property value and lower the quality of life for adjacent property owners and residents. It also regulates parking, building heights, lot coverage, noise pollution, setbacks, and regulations relating to the use of property. (2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum building area, storage, heights, and other items. (3) Implement and enforce subdivision and plat requirements. (4) Provide assistance to citizens building on their property and handle complaints relating to land use and zoning. Mapping and drafting functions include the following: (1) Provide mapping resources of new territories, zoning, streets, water and sewer lines, easements, right-of-ways, subdivisions, lots, and other related matters. (2) Assist citizens in matters related to their properties and maps containing requested information. Page 2 of 5 These services will be provided to residents and property owners in newly annexed territories on the some basis as they are provided to residents and property owners in the existing incorporated area. Planning, zoning, and mapping services will be implemented immediately upon the effective date of the annexation of the property. FIRE PROTECTION SERVICES The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. Fire protection services provided by the Anna Volunteer Fire Department to the City include response to fire calls and inspection of commercial and industrial structures for code violations. All fire protection services provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within the newly annexed area upon the effective date of the annexation. Volunteers are available for consultation on fire prevention on request by citizens and/or property owners of the community. Fire protection services will be implemented immediately upon the effective date of the annexation of the property. STREET MAINTENANCE The street maintenance function is primarily supported from ad valorem (property) and sales taxes. Maintenance activities are determined by the level of funding and the need for maintenance as determined by the city council. Once the annexation of property included in this ordinance has been completed, all streets, roads, and bridges included in the annexed area will be added to the City's street maintenance program. Roadways in the newly annexed area will receive equal consideration with regard to maintenance as those within the existing corporate limits. Street maintenance services will be implemented immediately upon the effective date of this ordinance or after the acceptance by the City of the streets in a new subdivision, whichever is appropriate. WASTEWATER SERVICES Citizens and property owners in newly annexed areas will be offered sanitary sewer service in accordance with existing City ordinances. Generally these ordinances state that the customer must bear Page 3 of 5 the cost of construction of sewer system facilities to a point where service to the customer can be provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on Environmental Quality, Collin County, and City of Anna regulations and specifications. The property involved in this annexation is not within the City's sanitary sewer certificated area. It is anticipated that if property owners in the annexed area propose development that requires sanitary sewer service that a Development Agreement or Facilities Agreement.will be promulgated that will identify the details regarding provision of sanitary sewer service for the newly annexed area. The policy for private service lines will remain the same as exists in the current city limits. That is, the City will maintain main transmission lines only. Only one connection per structure is permitted without specific written approval from an authorized official of the City. Sanitary sewer service rates will be assessed at the same rate as established for other city customers in the same use classification. WATER SERVICES The property annexed through this ordinance is located within an area certificated to the Westminster Water Supply Corporation ("Westminster"). If the area within the Westminster certificated area cannot be served by Westminster to the standards required by City of Anna regulations, the City reserves the right to request that the area be served by the City. Further, should Westminster no longer have a certificate to provide water service in the area, the City of Anna reserves the right to provide water service to the area. Under any circumstances the service and facilities provided in the annexed property must meet City of Anna subdivision and other regulations and standards for water service, unless written variance from those regulations and standards is granted by the City. Residents and property owners in newly annexed areas will be offered water service in accordance with existing City ordinances. Generally, these ordinances state that the customer must bear the cost of construction of water system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. Water service facilities designed to connect an unserved area to the City's existing system must be approved by the City Council and meet all City zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance Page 4 of 5 with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. The policy for private service lines will remain the same as exists in the current City limits. That is, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point of usage is the property owner's responsibility. Water service charges will be assessed at the same rates as established for other city customers in the same use classification. Page 5 of 5 ITEM 10: Consider/Discuss/Action regarding an Ordinance for Annexation of property along Hwy 5 (Powell Pkwy) West on the East side of CR 423. The City previously annexed the unincorporated areas along S. Powell Parkway southward to CR 366. This annexation included the property in the "triangle" previously owned by the Adams family and now occupied by the Calvary Baptist Church and several residences. One tract in this area was inadvertently omitted from the annexation because the owner was not sent a letter advising of the proposed annexation. This annexation has the purpose of annexing the parcel that was accidentally excluded from the earlier annexation. A map showing the location of the parcel is attached. The annexation ordinance is attached. CITY OF ANNA, TEXAS ORDINANCE NO. ANNEXATION — PRICE 1.0 ACRE TRACT (CR 423) AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND ADOPTING A SERVICE PLAN FOR SAID TERRITORY AND ITS INHABITANTS WHEREAS, the City Council of the City of Anna has determined that orderly, planned development of the city requires that annexation of major corridor areas be accomplished and development regulations be extended to these areas; WHEREAS, the area along and near South Powell Parkway (SH 5) is one of the most important corridors in the city and is also a major gateway into the community; and WHEREAS, the tract described in Exhibit A is adjacent to and adjoins the present boundaries of the City of Anna; and WHEREAS, a service plan providing for the extension of municipal services into the proposed annexed area and attached to this ordinance as Exhibit B and hereby made part of this ordinance was prepared prior to publication of notice of hearings and reviewed at said hearings; and WHEREAS, after hearing the arguments for and against the annexation, the City Council has voted to annex said territory to the City of Anna, Texas; now therefore Section I. The land and territory described in Exhibit A, attached hereto and hereby made an integral part of this Ordinance, lying adjacent to and adjoining the present boundaries of the City of Anna, Texas, is hereby added and annexed to the City of Anna, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Anna, Texas, and the present boundary limits of such city are altered and amended so as to include said area within the corporate limits of the City of Anna, Texas. Section 2. The above described territory and the area so annexed shall be a part of the City of Anna, Texas, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bounded by the acts, ordinances, resolutions, and regulations of the City of Anna, Texas. Section 3. The service plan providing for the extension of municipal services into the annexed area and attached to this ordinance as Exhibit B is hereby adopted. Annexation —Price 1.0 Acre Page 1 of 2 December 12, 2006 The City Secretary is hereby directed to file with the County Clerk of Collin County, Texas, a certified copy of this ordinance. PASSED on this the 12th day of December, 2006, by the following vote of all members of the City Council as present: AYES NAYS ABSTAIN Mayor ATTEST: City Secretary Annexation — Price 1.0 Acre Page 2 of 2 December 12, 2006 Exhibit B ANNEXATION SERVICE PLAN 1.0 ACRE TRACT DECEMBER, 2006 CODE ENFORCEMENT Code Enforcement includes activities of inspecting properties and buildings and securing compliance with adopted ordinances and codes relative to the following: (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Trash and debris (3) Stagnant water and unsanitary conditions (4) Junked vehicles and parts (5) Junked appliances and materials (6) Enforcement of the Minimum Housing Code pertaining to maintenance and habitability of existing housing City code enforcement activities will be conducted in newly annexed territories under the same terms and on the same schedule and using the same procedures as for other areas inside the corporate limits. Code enforcement services will be implemented immediately upon the effective date of the annexation of the property. SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally, the ordinances provide single family residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streetside twice per week for a fee that is established by the city council. Service to multifamily and non-residential customers is provided by the City through a contractor and service schedule and facilities depends on the needs of the customer. Most large objects can be picked up on an as -needed basis. The solid waste customer must arrange for large object pick-up by calling the City of Anna (972-924-3325). Present solid waste collection service routes will be extended to cover annexed areas. Page 1 of 4 Exhibit B The City currently contracts with private firms that provide solid waste collection services. The individual customer will be provided information regarding solid waste collections services when the customer makes his/her water and/or sanitary sewer service deposit. These services will be implemented within sixty (60) days of the effective date of the ordinance of which this service plan is a part. Residents of the newly annexed area that have existing contracts with solid waste service providers have one year from the date of annexation or until termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. PLANNING, ZONING AND MAPPING The function of planning, zoning, and mapping is to implement ordinances relating to zoning classifications within the City and to provide mapping resources. Zoning functions include the following: (1) Provide proper zoning classification of properties within the City. Zoning is a tool to designate the uses of property, such as residential, business, agricultural, industry, etc. Proper zoning ensures the best use for the property and, at the same time, protects adjacent properties from mixed uses that reduce property value and lower the quality of life for adjacent property owners and residents. It also regulates parking, building heights, lot coverage, noise pollution, setbacks, and regulations relating to the use of property. (2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum building area, storage, heights, and other items. (3) Implement and enforce subdivision and plat requirements. (4) Provide assistance to citizens building on their property and handle complaints relating to land use and zoning. Mapping and drafting functions include the following: (1) Provide mapping resources of new territories, zoning, streets, water and sewer lines, easements, right-of-ways, subdivisions, lots, and other related matters. (2) Assist citizens in matters related to their properties and maps containing requested information. These services will be provided to residents and property owners in newly annexed territories on the some basis as they are provided to residents and property owners in the existing incorporated area. Page 2 of 4 Exhibit B Planning, zoning, and mapping services will be implemented immediately upon the effective date of this ordinance. FIRE PROTECTION SERVICES The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. Fire protection services provided by the Anna Volunteer Fire Department to the City include response to fire calls and inspection of commercial and industrial structures for code violations. All fire protection services provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within the newly annexed area upon the effective date of the annexation. Volunteers are available for consultation on fire prevention on request by citizens and/or property owners of the community. Fire protection services will be implemented immediately upon the effective date of the annexation of the property. STREET MAINTENANCE The street maintenance function is primarily supported from ad valorem (property) and sales taxes. Maintenance activities are determined by the level of funding and the need for maintenance as determined by the city council. Once the annexation of property included in this ordinance has been completed, all streets, roads, and bridges included in the annexed area will be added to the City's street maintenance program. Roadways in the newly annexed area will receive equal consideration with regard to maintenance as those within the existing corporate limits. Street maintenance services will be implemented immediately upon the effective date of this ordinance or after the acceptance by the City of the streets in a new subdivision, whichever is appropriate. WASTEWATER SERVICES Citizens in newly annexed areas will be offered sanitary sewer service in accordance with existing City ordinances. Generally these ordinances state that the customer must bear the cost of construction of sewer system facilities to a point where service to the customer can be provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. Page 3 of 4 Exhibit B It is anticipated that sanitary sewer service will be provided to this property through construction by the property owner(s) of off-site and on-site facilities. The policy for private service lines will remain the same as exists in the current city limits. That is, the City will maintain main transmission lines only. Only one connection per structure is permitted without specific written approval from an authorized official of the City. Sanitary sewer service rates will be assessed at the same rate as established for other city customers in the same use classification. WATER SERVICES Residents and property owners in newly annexed areas will be offered water service in accordance with existing City ordinances. Generally, these ordinances state that the customer must bear the cost of construction of water system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. Water service facilities designed to connect an unserved area to the City's existing system must be approved by the City Council and meet all City zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. The property annexed through this ordinance is located within the certificated area of the South Grayson Water Supply Corporation. South Grayson WSC will continue to supply water in the area in which the SGWSC has a certificate and the annexation has no effect on the certificate or the service capabilities of the SGWSC. The development regulations of the City of Anna will pertain irrespective of the water service provider. The policy for private service lines will remain the same as exists in the current City limits. If the City of Anna is the water service provider, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point of usage is the property owner's responsibility. If the City of Anna is the water service provider, water service rates will be assessed at the same rate as established for other city customers in the same use classification. 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