HomeMy WebLinkAboutRes 2019-12-659 Development Agreement with Anna 21, LLC (1220 S Powell Pkwy)CITY OF ANNA, TEXAS
RESOLUTION NO. &t q-/,� •,meq
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH ANNA 21, LLC RELATING TO DEVELOPMENT AND DESIGN
REGULATIONS FOR MULTI -FAMILY DEVELOPMENT LOCATED AT
1220 S. POWELL PARKWAY.
WHEREAS, Anna 21, LLC is the Property Owner of real estate located at 1220 S. Powell
Parkway; and
WHEREAS, Property Owner desires for the property to be developed as MF -2, Multi -
Family Residential — High Density; and
WHEREAS, Property Owner has agreed to development and design regulations should
the City approve the property to be rezoned from Agriculture to MF -2 zoning;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with Anna 21, LLC,
attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of
the same. The City Manager is hereby authorized to execute all documents and take all
other actions necessary to finalize, act under and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th
day of December 2019.
APPROVED: �0��+A�����/' ATTEST:
Mayor Nate Pike * ' City Secretary Carrie Smith
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of December 10, 2019
("Effective Date") between and among the City of Anna, Texas ("City") and Anna 21, LLC ("Property
Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of 20.799 acres of real property described and
depicted on Exhibit A, attached hereto (the "Property"); and,
WHEREAS, the Property Owner has applied to rezone the Property to allow for multi -family residential
uses; and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite
notices by publication and otherwise and have scheduled public hearings with respect to the rezoning
of the Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to enter
into a development agreement to establish development and design regulations to ensure that future
development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject matter
specifically set forth herein and shall supersede City Regulations only to the extent that any such City
Regulations directly conflict with the terms of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected
in the covenants, duties and obligations contained herein, the sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties'
intent under this development agreement and said recitals constitute representations by Property
Owner, Developer and the City.
SECTION 2. PRELIMINARY CONCEPT PLAN.
The Property shall be developed as conceptually described and illustrated on Exhibit B (the
"Preliminary Concept Plan"). The Preliminary Concept Plan may be amended from time to time with
approval from the City's Planning & Zoning Commission and the City Council. Prior to any building
permit being issued, a final Site Plan, Landscape Plan, Photometric Plan and building elevations shall
be approved by the City Council.
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SECTION 3. DEVELOPMENT STANDARDS.
The Property Owner agrees to comply and to cause all builders and any other successors or assigns to
comply with the following:
A. Development and use of the Property shall be in accordance with this Agreement and the
Zoning Ordinance. In the event of a conflict between this Agreement and any City regulation,
ordinance or code provision, this Agreement controls.
B. Upon approval of the City Council to rezone the property to allow for multi -family uses, if such
approval shall be given, development shall adhere to the MF -2, Multi -Family Residential zoning
district set forth in Section 9.04.020 of the Zoning Ordinance.
C. The masonry and other building material and methodology requirements and all other
requirements set forth in this Agreement are strict requirements of this Agreement, and any
failure to fully adhere to same shall be a material breach of this Agreement.
D. All multi -family buildings and structures shall have at least eighty percent (80%) of the total
exterior walls above grade level, excluding doors and windows, and recessed balcony areas
(should be allowed as plane break), constructed of masonry materials with no more than (20%)
consisting of cementitious siding (Hardie products) or stucco materials.
E. Roof materials for buildings and structures must be architectural roof shingles.
F. Accessory buildings shall use similar building and roofing materials as those used on the
primary buildings.
G. Border fencing of stone or masonry construction of not less than six feet in height and not more
than eight feet in height shall be installed along the property line on any perimeter not abutting a
public street, entrance to the development or Slayter Creek. The stone or masonry wall shall
have stone or masonry columns at a maximum distance of 50 -foot centers. Fencecrete, iron,
tubular steel and decay resistant wood may be permitted with stone or masonry columns at a
maximum distance of 30 -foot centers at site plan approval by the City Council. Decay resistant
wood shall be capped and be kept at a minimum.
H. At site plan approval, the City Council may require additional landscaping and stone or masonry
screening along the street frontage.
I. Refuse containers shall be screened from view on all sides by a wall of masonry not less than
eight feet in height or by an enclosure within a building.
J. Two or more distinct building models shall be designed for projects with more than four primary
buildings.
K. A covered entry area shall be designed at the main entry to each building.
L. Four architectural design features are required on facades facing public streets, parking and
common areas. Acceptable architectural design features may include but is not limited to:
1) Articulation of building fagade
2) Extensions to the building through covered porches, bay or box windows, and other
similar features projecting out from the fagade
3) A horizontal change in building materials between stories of a building
4) Variation in building materials between vertical intervals
5) Variations in window placement
6) Architectural features such as shutters, awnings, balconies, verandas, railings, dormers,
chimneys, decorative moldings or ornamental details
7) Other similar design features
M. Architectural detailing, horizontal off -sets and other features shall be provided on all sides of the
building to avoid blank walls and large, monolithic masses.
N. Front elevation walls shall require a minimum of a 2 -foot offset between the relative front walls
(exclusive of exterior balconies) at a minimum of every 75 feet horizontally.
O. Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid
repetition.
SECTION 4. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and will be
deemed delivered upon personal service, if hand -delivered, or when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Property Owner: Anna 21 LLC
2705 Clublake Trail
McKinney, Texas 75072
Attn: Don W. Collins, President
SECTION 5. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual agreement of
Property Owner and City; and/or (b) unilaterally by City upon default of the Property Owner or
Developer. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement
shall terminate and be null and void if the City does not approve—on or before the 5th day of
February, 2020—the rezoning of the Property to be zoned as MF -2, Multiple -Family Residential,
High Density ("MF -2") as set forth in Section 9.04.020 of the Anna City Code of Ordinances ("Zoning
Ordinance"). The parties acknowledge and agree that the rezoning of the Property is a legislative act
and that this Agreement does not bind the City Council to approve any proposed rezoning of the
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Property.
SECTION 6. DEFAULT.
If Property Owner, its heirs, successors or assigns, subsequent owners of the Property or any other
person acquiring an interest in the Property, fails to fully comply with all the terms and conditions
included in this Agreement, City will have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals required
for development and use of the Property including without limitation building permits and
certificates of occupancy.
B. The defaulting Property Owner, or their respective heirs, successors or assigns, subsequent
owners of the Property or any other person acquiring an interest in the Property (collectively,
the "Defaulting Developer Parties") shall be jointly and severally liable to pay to the City the
sum of $2,000 for each failure to fully comply with the development standards set forth in
Section 3 of this Agreement. The Defaulting Developer Parties shall be liable to pay the City
said $2,000 sum per day for each day that such failure to comply occurs. The sums of
money to be paid for such failure(s) is not to be considered as a penalty, but shall be
deemed, taken and treated as reasonable liquidated damages that accrue per day that such
a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the City in such event would sustain; and said amounts are agreed to be the
amounts of damages which the City would sustain. Notwithstanding the foregoing, none of
the Defaulting Developer Parties shall be liable to pay the liquidated damages that accrue
under this paragraph unless there is a breach of any material term or condition of this
Agreement and such breach remains uncured after forty-five (45) calendar days following
receipt of written notice from the City provided in accordance with this Agreement describing
said breach in reasonable detail (or, if the cure of the breach has diligently and continuously
been undertaken but reasonably requires more than forty-five (45) calendar days to cure,
then such additional amount of time as is reasonably necessary to effect the cure, as
determined by both Parties mutually and in good faith but in no event shall such additional
period exceed 120 days unless agreed to in writing by the parties to this Agreement). In the
event of a breach that is not timely cured in accordance with this paragraph, the sum of
liquidated damages shall be calculated to include each and every day of the occurrence of
the breach beginning on the date that the City first provided written notice of such breach
under this paragraph and the City shall not be required to provide a subsequent written
notices as to subsequent dates or times during which such breach is repeated or continues
to occur.
C. In the event of a default, the City will additionally have any and all remedies available to it at
equity or in law.
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SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective successors,
assigns and personal representatives. This Agreement will run with the land and be binding on all
subsequent Property Owners and Developers.
SECTION 8. INDEMNIFICATION AND HOLD HARMLESS.
THE DEVELOPER AND THE PROPERTY OWNER INCLUDING THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTIES"), HEREBY COVENANT AND
AGREE TO RELEASE DEFEND HOLD HARMLESS AND INDEMNIFY THE CITY AND ITS
OFFICERS AGENTS SERVANTS AND EMPLOYEES FROM AND AGAINST ALL THIRD -PARTY
CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST
THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES RELATED EXPENSES EXPERT WITNESS FEES CONSULTANT FEES
AND OTHER COSTS ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT
OF THE INDEMNIFYING PARTIES INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL
CONDUCT OF ANY OF THEIR RESPECTIVE EMPLOYEES CONTRACTORS
SUBCONTRACTORS MATERIAL MEN AND AGENTS IN CONNECTION WITH THE DESIGN OR
CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE STRUCTURES OR OTHER FACILITIES
OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT
AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS
AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD
THAT SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF
THIS SECTION. THE INDEMNIFYING PARTIES SHALL NOT HOWEVER BE REQUIRED TO
INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE
CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY OF
THE INDEMNIFYING PARTIES AND THE CITY THE INDEMNIFYING PARTIES' INDEMNITY
OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE
INDEMNIFYING PARTIES' OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING
PARTIES FURTHER COVENANT AND AGREE TO RELEASE DEFEND HOLD HARMLESS AND
INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF
SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S
RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS
AGREEMENT: (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY: OR (3) THE CITY'S
APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH
RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the
design, construction or installation of any of the improvements to the Property or related work or
undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design,
construction or installation related to same. This Agreement does not create a joint enterprise or
venture between the City and any of the Indemnified Parties. This Section 8 will survive the
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termination of this Agreement.
SECTION 9. REQUIREMENT FOR RECORDATION.
Property Owner will record this document, including all the Exhibits, in conjunction with the formal
adoption by the City Council, and immediately provide a recorded copy to the City.
SECTION 10. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto.
SECTION 11. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 12. AUTHORITY.
Property Owner represents and warrants to the City that the Property Owner owns the Property that
this Agreement is binding and enforceable on the Property. Developer represents and warrants to
City that the person signing this Agreement has the authority to sign the Agreement on behalf of
Developer.
SECTION 13. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised there
from and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 14. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[REMAINDER OF PAGE LEFT BLANK, SIGNATURE PAGE(S) FOLLOW.]
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CITY OF ANN
im)Prodp, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the _ day of Dra-mber , 2019, appeared Jim
Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the
City of Anna, Texas.
CARNE L. SMITH
My NotarylD # 11419404
Expires February 4, 2023
Notary Public, State of Texas
ANNA 21, LLC, a Texas limited liability company
A
Don W. Collins, President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2019, appeared
Don W. Collins, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as President
of Anna 21, LLC, a Texas limited liability company..
Notary Public, State of Texas
EXHIBIT "A"
PROPERTY DESCRIPTION
DESCRIPTKI.Y 20.799 ACRES
SITUATED in Col6a County. Tssos, In the G. Stork --y, obatract raw 798,
!slag a aurvq " part " the 12.69 o n tract described in o dead from Barbara
Am Fletcher to Kyle J. Robina oad Wendy Lynette Rordns. doled June 1, 2001.
corded in wiuma 4930. page 2384 and o suryq of the 19.87 acre Vont
dexdb.d In a dead from Jxkle Hwm and UDnda Foye Hum to Kyle J. Rollins and
Wendy Lynette Rollins, dated October 23 m
, 2002, recorded In ueloe 5283, page
2676, both deeds a( the Cann County deed records, be;ng dex bed by metes and
bound. as TOO -
BEGINNING at a 1/2-nch Von Pin Lound at the north -north ... I turner of
said 19.87 oere bract;
THENCE south,rty with onoat fine of :old 19.87 acro tract ae fo0aes:
South 01'31'18' Weat, 127,88 feet to o t/2-neh iron on found;
50,4 OI'46'D9' West, 96.40 feet to a 1/2 -tach Iran pin at at an
.aid. corner of said 19.87 acre lmet;
THENCE South 88'49'4S' East, .8h o north 6a of acid 19.e7 acre tract
794.25 fast l0 0 1/2 -inch kon pin sat;
THENCE South 05'14'09' West. with an cost r e of add 19.87 acre tract,
219.46 feel to 0 1/2 -inch Iran pin cel at an mode comer of said 19.87 are
tral;
THENCE south 86'30'57' East .Rh o north fine of said 19.87 acre tract,
174.00 feet to a 5/8 -inch von pin fount in the best right -of- ey line of St 1.
High.ay 5, at the nerth.es! earner .1 the 0.1991 ase lrocl(P,d 2) raaorded M
clerk', 19. no. 20181217001525750;
THENCE soulhery with the west fine of said 0.1991 acre treat and the w.t
right-ol-way One of sad Stats 16ghasy 5 as fas.-
South 2715'10' West. 17.96 feel to 0 5/8 -inch Iran pin found:
SouthOV07'36' West, 100.03 feel to a 5/8 -Inch Iron pin found;
South 11'27'45' East, 157.15 feat to 0 5/8 -inch Iron pin found at the
," in tomer or said 0-1891 acro tract;
THENCE South 05'14'27' West, with the ..at right -.I -eq be W w'd State
H;9h.ay 5. passing at 26.58 feel the northwest corner of the 0.1208 acre
lmot(Pod 1) re<ordnd as clank's life no. 2010121700152aJ50 dna <onUnulrg wdh
the east fine of sold 0.1200 are Vacl, n all 234.66 feel to a 5/8 -inch Iron pin
found of ins southwest m er pf said 0.1208 are tract:
THENCE North 77'45'41' Weal, 125.07 (sat to a 5/8 -inch Von pin Iound at
the north-northeoal corner of the 11.226 are trout recorded as f.We file no.
20131016001427770;
THENCE
.salady with the north 6M of said 11.226 arc tract as TO -
.a
fin
Oors:North 78'1244' West. 167.71 feet to 0 5/8 -inch Von pin found;
North 8V02'56' West. 286.86 feet to 0 5/8 -inch Iran tin found;
North 86'55'01' West 154.22 feet to 0 5/8-In,h Von pen found;
NMA 89'13'00' West 234.38 test to 5/8 -inch Lon pin found;
THENCE South 06'51'56' West, .Kh the east Inc of said 11.226 aro Vat.
220.26 feet to o i/2 -inch Von pin fount Of on ono. pant n the west fine 0f
said 11.226 are tmeK some being on inslda to r of said 12.69 sett tta<1;
THENCE North 700212' West, *Ab o south cline of sok 12.69 xre tract,
passing o 1
/2 -Loh iron p4,set at 244.60 feet ani continuing in dL 287.17 feet
to o print in Stgler Cylek Of the e6Vlh-at Odrnar of sad 12.69 oere treat:
THENCE nodhedy generay with the eller .1 void St -y" Creek oM with the
,.at
6ae of ,ad 12.89 ode tract and with the wast Fne of sad 19.87 ocra tract
as follows:
NorthI1'29'DD' East 86.52 feet;
orth
N 0"45!5' East, 60.32 feat;
North 26'25'40' East, 140.77 feel;
North 14'54'28' Eael. 125.21 feel;
North 3528'00' Eoal, 63.69 feet;
North 03'25'37' West, 80.29 feat;
North 48'06'46' E-1, 65.17 feet;
North 36'42'08' East. 78.59 feat:
North 31'35'09' we.L 102.28 (cal;
North 08'39,36'E. sl. 19.12 fast
North 54'14'09' Eosl, 112.26 feel;
North 14'54'28' west, 111.68 feel:
North 27'37'52' East. 55.07 feet;
THENCE.1h the north line of sok 19.87 sae tract as top...
South BT09'17' East. pa,.UV o 1/2 -Inch iron pin del 0l 78.0 feat and
continuing in os, 277.61 to a 60d nal at;
South8741'22' East. 139.19 feel to a 60d -il at:
North BWSV 10' East, 198.90 feel to No PUCE OF BEGINNIM oM
containing 20.799 arcs.
The obese described trod las survged on the grourd and office cork competed
an 4amh 29, 2019
B ice Geer
1101 ued Professional Land Surveyor, No. 4117
110/ W. Un;venity ar;ve(L fp0.q 380)
IdcNinney, Toms 75069
972-562-3959
972-542-5751 fes
BRUCE GEM
4A 4117 ���,
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