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HomeMy WebLinkAbout2019-05-14 Work Session & Regular Meeting PacketAGENDA City Council Work Session THE CITY OF Anna Tuesday, May 14, 2019 @ 6:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on May 14, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Consider/Discuss/Action on an Ordinance Canvassing the May 4, 2019 election. (Carrie Smith) 3. Administer the Oath of Office to newly elected Council Members: Place 4, Chris Reeves and Place 6, Lee Miller. (Carrie Smith) 4. Consider/Discuss/Action an Ordinance approving a Runoff Election to be held on June 8, 2019 for City Council Place 2 between candidates Josh Vollmer and Alonzo Tutson. (Carrie Smith) 5. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Development Fees; Law Enforcement Services. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commissions The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 7. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on May 10, 2019. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Item No. 2. City Council Agenda Staff Report Meeting Date: 5/14/2019 Consider/Discuss/Action on an Ordinance Canvassing the May 4, 2019 election. (Carrie Smith) SUMMARY: The canvass is the official tabulation of the election votes. The final tabulation is prepared by Collin County's Election Office and is to be approved by the City Council. Candidate/or Proposition City Council, Place 2 (Concilio de Ciudad, Lugar 2) Bill Morgan Josh Vollmer Alonzo "Mr. 7 Tutson City Council, Place 4 (Concilio de Ciudad, Lugar 4) Bryan Heath Chris Reeves City Council, Place 6 (Concilio de Ciudad, Lugar 6) Lee Miller John Houcek STAFF RECOMMENDATION: Number of Votes 81 152 175 43 Approve the Ordinance canvassing the election results for the May 4, 2019 general election. ATTACHMENTS: Description Upload Date Type Ordinance 5/10/2019 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. (May 4, 2019 Election Canvass) AN ORDINANCE OF THE CITY OF ANNA, TEXAS CANVASSING THE RETURNS OF A GENERAL ELECTION OF THREE CITY COUNCIL MEMBERS, ALL FOR THREE-YEAR TERMS EXPIRING MAY 2022. WHEREAS, a general election was held in the City of Anna, Texas (the "City") on May 4, 2019 for the purpose of electing three city council members, all for three-year terms; and WHEREAS, the City Council of the City of Anna (the "Council") has reviewed and investigated all matters pertaining to this election and returns thereof, and WHEREAS, the Council hereby canvasses the returns of this election, at which there was submitted to all resident, qualified electors of the City for their action thereupon, the election of three city council members, all for three-year terms; and WHEREAS, the Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to this Council by the judges, officials and clerks holding and conducting the election, the poll lists and the official elections returns showing separately the votes cast in the election; and WHEREAS, from the returns, this Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City; and WHEREAS, each of the candidates in said election received the following votes: Candidate/or Proposition Number of Votes City Council, Place 2 (Concilio de Ciudad, Lugar 2) Bill Morgan 65 Josh Vollmer 86 Alonzo "Mr. T" Tutson 85 City Council, Place 4 (Concilio de Ciudad, Lugar 4) Bryan Heath 81 Chris Reeves 152 City Council, Place 6 (Concilio de Ciudad, Lugar 6) Lee Miller 175 John Houcek 43 Ordinance No. Canvassing the May 4, 2019 Election THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The Council officially finds, determines, and declares that the election was dully and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified electors of the City were permitted to vote at the election, and due returns of the results of the election had been made and delivered, and that the City of Anna has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America and the Ordinance calling the election. SECTION 2. It is hereby certified that no candidate received a majority of the votes cast in the May 4, 2019 election for Place 2 of the City Council. A runoff election between Josh Vollmer and Alonzo "Mr. T" Tutson shall therefore be required. SECTION 3. Subject to being duly qualified and taking the oath of office as provided by the laws of the State of Texas and the City of Anna Home -Rule Charter, the following person is elected as Council Member, Place 4 of the City for a term of three (3) years: Chris Reeves. SECTION 4. Subject to being duly qualified and taking the oath of office as provided by the laws of the State of Texas and the City of Anna Home -Rule Charter, the following person is therefore elected as Council Member, Place 6 of the City for a term of three (3) years: Lee Miller. ADOPTED AND APPROVED on this day of May 2019. ATTEST: APPROVED: Carrie L. Smith, City Secretary Ordinance No. Canvassing the May 4, 2019 Election Nate Pike, Mayor 2 THE CITY OF AiAtia AGENDA ITEM: Item No. 3. City Council Agenda Staff Report Meeting Date: 5/14/2019 Administer the Oath of Office to newly elected Council Members: Place 4, Chris Reeves and Place 6, Lee Miller. (Carrie Smith) SUMMARY: City Secretary Carrie Smith is to administer the Oath of Office to the winners of Place 4 Chris Reeves and Place 6 Lee Miller. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Oath of Office 5/9/2019 Exhibit E Op OATH OF OFFICE CITY OF ANNA, TEXAS IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City Council Member Place of the City of Anna, County of Collin and State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State, so help me God. State of Texas) County of Collin) Sworn to and subscribed before me this day of , 2019. Carrie L. Smith, City Secretary THE CITY OF Minna AGENDA ITEM: Item No. 4. City Council Agenda Staff Report Meeting Date: 5/14/2019 Consider/Discuss/Action an Ordinance approving a Runoff Election to be held on June 8, 2019 for City Council Place 2 between candidates Josh Vollmer and Alonzo Tutson. (Carrie Smith) SUMMARY: No candidate received a majority of the votes cast in the May 4, 2019 election for Place 2 of the City Council. A runoff election between Josh Vollmer and Alonzo "Mr. T" Tutson shall therefore be required. STAFF RECOMMENDATION: Approve the Ordinance ordering a runoff election to be held June 8, 2019. AGENDA THE CITY OF Regular City Council Meeting AAAa Tuesday, May 14, 2019 @ 7:00 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:00 PM, on May 14, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation - May Motorcycle Awareness Month b. Each year the third full week in May is designated as National Public Works Week (NPWW) by the American Public Works Association. NPWW is celebrated by the over 20,000 public works agencies throughout North America. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the Council meeting minutes for April 23, 2019. (Carrie Smith) b. Review minutes of the April 8, 2019 Planning and Zoning Meeting. (Maurice Schwanke) c. Approve a Resolution approving the Amber Smith Homeplace Development Plat. (Maurice Schwanke) d. Approve a Resolution approving the Jackson Estates Development Plat. (Maurice Schwanke) e. Approve a Resolution approving the Farrell Development Plat. (Maurice Schwanke) f. Approve a Resolution approving the Pope Development Plat. (Maurice Schwanke) g. Approve a Resolution approving the site and landscape plan for Jackman Real Estate Building located at 600 W. White St. (Maurice Schwanke) 6. A) Conduct a public hearing to consider public comments regarding a request by Scot Albert, the representative for Starlight Homes Texas, LLC, the owners of the property. The property is currently zoned by a Planned Development (PD 127- 2004). The applicant requests to replace the existing Planned Development with a new Planned Development. The section of property is located in Phase 2 of Sweetwater Crossing, Block C, Lots 8-14. (Maurice Schwanke) B) Consider/Discuss/Action on a recommendation regarding the request by the applicant and owners of the property to replace the existing Planned Development with a new Planned Development zoning. 7. Consider/Discuss/Action to fill vacancy on the EDC and CDC boards. (City Secretary) 8. Consider/Discuss/Action on an Ordinance amending Ordinance NO. 671-2014 to Correct Scrivener Errors Relative to the Dollar Amount of Roadway Impact Fee Assessments. 9. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Development Fees; Law Enforcement Services. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commissions The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 10. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 11. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on May 10, 2019 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Proclamation - May Motorcycle Awareness Month SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proclamation Item No. 4.a. City Council Agenda Staff Report Meeting Date: 5/14/2019 Upload Date Type 5/9/2019 Exhibit Citp of Anna, Texa.5 Prodamatton MOTORCYCLE AWARENESS MONTH May 2019 WHEREAS, Motorists are reminded to be alert and help keep motorcyclists safe, and motorcyclists are reminded to make themselves visible to other motorists; and WHEREAS, Motorcyclists have all the same rights and privileges as any motor vehicle driver on the roadway, and all road users are reminded to pay attention at all times; and WHEREAS, The simple rules of motorcycle safety include being trained and licensed, wearing protective gear, riding unimpaired, and riding within personal limits; and WHEREAS, Motorcycle awareness campaigns help inform riders and motorists about safety issues and remind us to safely share the road. NOW, THEREFORE, I, Nate Pike, Mayor of the City of Anna, Texas, do hereby proclaim the month of May 2019 as: MOTORCYCLE AWARENESS MONTH in the City of Anna, Texas and urge all residents to do their part to increase safety and awareness in our community. 7n nwncss whcrc (� hie lrcreuntc set m� hand this 1 nth 201-9 and cdlcd this fail to be ajZrcd Nate Pike, Mayor THE CITY OF AiAtia AGENDA ITEM: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 5/14/2019 Each year the third full week in May is designated as National Public Works Week (NPWW) by the American Public Works Association. NPWW is celebrated by the over 20,000 public works agencies throughout North America. SUMMARY: Public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Anna, Texas; these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; it is in the public interest for the citizens, civic leaders and children in Anna, Texas to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; the year, 2019, marks the 59th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association. We all citizens to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees which includes our City Manager, Jim Proce, who is the current Vice President (and incoming President) of the the North Central Texas Branch of APWA and to recognize the substantial contributions of Public Works Departments make to protecting our national health, safety, and quality of life. National Public Works Week May 19 — 25, 2019 STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Proclamation 5/9/2019 Exhibit Citp of Anna, Texas Proclamation National Public Works Week May 19 — 25, 2019 WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Anna, Texas; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in Anna, Texas to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2019 marks the 59t' annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association be it now, RESOLVED, I, Nate Pike, Mayor, do hereby designate the week May 19 — 25, 2019 as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. National Public Works Week May 19 — 25, 2019 in Anna, Texas and urge all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for all children and families. c_N7n wness wherecf c7haTe hereunt6 set mp hand this IAth dap f G(fap, 2019 and called this seal to be afived Nate Pike, Mayor THE CITY OF AiAtia AGENDA ITEM: Approve the Council meeting minutes for April 23, 2019. (Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Work Session Regular Session Item No. 5.a. City Council Agenda Staff Report Meeting Date: 5/14/2019 Upload Date Type 5/9/2019 Exhibit 5/9/2019 Exhibit ANNACITYCOUNCIL MINUTES WORK SESSION April 23, 2019 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. Council Member Bryan was absent. 2. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Consultant Contract, Meeting Procedures, zoning ordinance b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. MOTION: Council Member Tutson moved to enter closed session. Council Member Miller seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:31 p.m. Mayor Pike reconvened the meeting at 7:02 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. None. 4. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:02 p.m. Approved on the May 14, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION April 23, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:02 p.m. Council Member Bryan was absent. 2. Invocation and Pledge of Allegiance. Council Member Beazley led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. William Morgan, 2029 Helmoken Falls Dr. - inquired about police enforcement of trespassing at HOA pools. Andrew Michrina, 902 Fulbourne Dr. - made comments regarding boating at the Lake at Lakeside Estates. Danny Ussery, 1813 Sablewood Dr. - spoke in favor of Outdoor Warning Sirens. Lindsay McGregor, representing Pate Rehabilitation - spoke about Brain Injury Awareness and thanked Mayor Pike for his proclamation. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation recognizing Mayas Brain Injury Awareness Month b. Proclamation recognizing May 5 - 11 as Municipal Clerks Week C. Proclamation recognizing May 6 - 11 as Economic Development Week d. Proclamation recognizing May 12-18 National Police Week e. Receive Fire Department Needs Assessment Report from UT Dallas MPA Capstone Class. (Chief Ray Isom) 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Meeting Minutes for April 9, 2019. (Carrie Smith) b. Review minutes of the Park Board (Maurice Schwanke) - October 15, 2018 - March 18, 2019 c. Review Minutes of the January 3, 2019 Economic Development Corporation Meeting. (Joey Grisham) d. Review Minutes of the February 13, 2019 Economic Development Corporation meeting. (Joey Grisham) e. Review Minutes of the March 7, 2019 Economic Development Corporation Meeting. (Joey Grisham) f. Review Minutes of the March 7, 2019 Community Development Corporation Meeting. (Joey Grisham) g. Review Quarterly Investment Report (Dana Thornhill) MOTION: Council Member Miller moved to approve. Council Member Toten seconded. Motion carried 6-0. 6. Discuss the effectiveness of the existing outdoor warning system and the proliferation of modern technologies that provide substantial improvement in services. (Chief Isom) During the most recent monthly test of the siren system, an inoperable radio resulted in the loss of remote activation capabilities. Repairs were hindered by the age and quality of the components that comprise the current transmitting arrangement. On -site manual activation is cumbersome and adds unacceptable risk to staff when attempting to activate during a storm. Due to budgetary constraints over the years, temporary solutions have been utilized to maintain functionality. A combination of makeshift repairs and sub -par transmitting equipment inevitably caused a one-dimensional activation procedure which limited contingency options. Antiquated equipment, lack of communication capabilities (multiple failure points), ineffective procedures, and unplanned repair costs are a less than ideal configuration in which to operate these devices. The sirens themselves implement an outdated technology that is not effective in relaying specific messages to our community causing confusion to those who hear the sirens. Monthly testing also results in misunderstandings and unattainable expectations. New siren installations are expensive; approximately $37,300 per siren if upgraded to a digital platform. The cost for a total digital conversion with expanded diagnostics is approximately $12,000. The annual service agreement costs $2,825 but only includes battery replacement. Costs for mechanical repairs, radios, transmitters, and replacement equipment are not included. Labor expenses are $125 per hour plus travel costs and there are a shortage of qualified technicians. This places technicians in high demand which increases repair response times. Future expansion of the system will require the installation of a large and expensive infrastructure and support platform. Given the proliferation of new and more advanced technologies, the effectiveness of an outdoor warning system must be closely examined. The fire department is requesting direction on the future of this system as a reassessment of priorities is needed. 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with KIK Underground, LLC of Richardson, Texas for the Suzie Lane Water Line Project. (Joseph Johnson) Council previously granted authorization to solicit competitive sealed proposals for the East-West Collector Water Line Project, now called the Suzie Lane Water Line Project. The project is generally located near the northwest corner of US 75 and FM 455 and includes 1,565 linear feet of 12" water line and appurtenances. The proposed line will connect to an existing 12" line on the east side of US 75, run under US 75, then extend through a planned commercial site with the line terminus at a future large residential development. On March 28, 2019 at 3:00 PM, competitive sealed proposals were publicly opened and read for the project. Six proposals were received. A committee subsequently evaluated the proposals and each committee member independently ranked the proposals based on a standard weighted scoring matrix. Our engineering consultant (Birkhoff, Hendricks & Carter) has evaluated the proposals received, checked references, contractor's qualifications, contractor's ability to perform the project, and reviewed the committee's scoring matrices. The consultant has subsequently recommended that the City accept the proposal from KI K Underground, LLC and award them a contract in the amount of $319,003.00. Funding is available for the project in collected water impact fees assigned for this purpose. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KIK UNDERGROUND, LLC OF RICHARDSON, TEXAS FOR THE SUZIE LANE WATER LINE PROJECT. MOTION: Council Member Toten moved to approve. Council Member Tutson seconded. Motion carried 6-0. 8. Consider/Discuss/ Action on an Ordinance amending Temporary Bicycle Restrictions. (Lt. Pete Copin) The original ordinance # is 267-2006; which, was passed after it was determined that bicycles could not be safely operated on FM 455. Bicycles were deemed unsafe for several reasons for example, 2 lanes with no shoulder, speed and limited visibility, due to hills and curves. This change will remove the restrictions for cyclists traveling on White Street/FM 455 from the East Frontage Road of US 75 east, but it will remain in place banning use of bicycles from the East Service Road of US 75 in a westerly direction to East Fork Circle. With the widening of White Street between Powell Pkwy and US 75, citizens can now safely ride bicycles in this section of White Street safely. By removing this restriction it will allow our citizens to utilize bicycles as transportation in this portion of the city. This ordinance has not and will not be in place for FM 455 east of highway 5. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING SECTION 5 (TEMPORARY RESTRICTION OF BICYCLES ALONG FM 455) TO PART II, ARTICLE 29 OF THE ANNA CITY CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF AND AN EFFECTIVE DAT E. MOTION: Council Member Tutson moved to approve. Council Member Toten seconded. Motion carried 6-0. 9. Consider/Discuss/Action approving an Ordinance amending Part IV Schedule of Fees, Section 10 of The Anna City Code of Ordinances. (Maurice Schwanke) The Parks Advisory Board received comments concerning the provision of an Adult Softball league in the City at its April 15, 2019, regularly scheduled meeting. The name of the group is "Anna Adult Softball League" and they used the City's fields last year in a very successful way. The City does not have a fee schedule for field use that fits league play. The fee schedule is currently geared toward tournament and individual game rentals. At this time, staff is in support of a recommendation from the Parks Advisory Board to set the fees for league play and to allow the City's fields to be used by the "Anna Adult Softball League" and other adult leagues that do not interfere with the Anna Sports Group. The recommended fee structure would be to allow the league to rent two fields one day a week for the entire length of the season for $1,000 or two days a week for the season for $2,000. The use of the concession stand would be included. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART IV; SCHEDULE OF FEES SECTION 10 PARK AND FIELD RESERVATION FEES, AND PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY,AND REPEALING CLAUSES; PROVIDING FORAN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Toten moved to approve. Council Member Miller seconded. Motion carried 6-0. 10. Consider/Discuss/Action on a Resolution recommending an appointment of a Representative to the North Texas Groundwater Conservation District Board. (Jim Proce) Maurice Schwanke has been on Board of Directors to the North Texas Groundwater Conservation District filling the unexpired term of Philip Sanders since January 1, 2018. A new term of service will begin on June 1, 2019. Since Anna is the largest groundwater producer in the region it is important that we are well represented on this Board. Once a nomination is made we will need to provide the nomination to the Collin County Commissioners Court for selection. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, RECOMMENDING AN APPOINTMENT TO THE NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT BOARD OF DIRECTORS MOTION: Council Member Reeves moved to appoint Ryan Henderson. Council Member Tutson seconded. Motion carried 6-0. 11. Consider/Discuss/Action regarding a Resolution approving a contract for sale and leaseback of real property owned by Joiner Construction Company, Inc., for construction of Municipal Complex Facilities. (Jim Proce) For a number of months staff has negotiated with Joiner Construction Company, Inc. for acquisition of certain property necessary for completion of the proposed Municipal Complex Project which includes a new City Hall, Police Station, and Fire Station. The proposed agreement provides the terms by which the property may be acquired and also provides for a "leaseback" of a certain portion of the property for a period of 12 months. Additionally, the agreement provides that a segment of property already owned by the City be leased to Joiner Construction Company, I nc. for the same period. Funding is available for purchase of the property in the City of Anna 2018 Certificate of Obligation Bond issue. A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY OWNED BY JOINER CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF MUNICIPAL COMPLEX FACILITIES MOTION: Mayor Pike moved to approve conditioned on the agreement being revised before execution to require any lease hold interest on the property be expressly extinguished and released before closing on the City's purchase of the property; additionally approval needs to be conditioned on the seller executing the agreement and delivering to the office of the City Manager no later than, on or before 5:00 p.m. April 25, 2019. Council Member Tutson seconded. Motion carried 6-0. 12. Consider/Discuss/Action on a Resolution Authorizing a Subdivision Improvement and Economic Development Incentive Agreement with North Texas Surgery Real Estate, LLC. (Joey Grisham) North Texas Surgery Center, LLC is planning to develop 4.775 acres just north of the NWC of US 75 and FM 455. Their plans are to build a medical facility and outpatient surgery center. The Agreement with North Texas Surgery Center, LLC is outlined below: -Allows for the issuance of a Building Foundation Only Permit prior to a final plat being filed and prior to all public improvements being constructed. -Prohibits construction of any structural improvement above the slab level until a general building permit has been issued. -Provides financial security in the amount of 110% of an estimated cost of the public improvements. -Grants the deferment of I mpact Fees for a period of twenty-four (24) months in the amount of $207,999. -All other development and permit and inspection fees are due in the amounts and times normally required by the city. -The outpatient surgery center must be complete and ready for a Certificate Of Occupancy within 18 months after the passage of this agreement. The medical facility and outpatient surgery center is anticipated to have a significant positive impact on the community. Neighbors will be able to get medical care right here in Anna and not have to drive outside the city. Likewise, neighbors from surrounding communities will come to Anna to get medical care, eat at restaurants and shop at businesses in the community. The project will increase synergy on the NWC of US 75 and FM 455 bringing additional medical facilities and businesses in the future as well. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AND ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH NORTH TEXAS SURGERY REAL ESTATE, LLC AND THE CITY OF ANNA, COLLIN COUNTY, TEXAS MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 6-0. 13. Consider/Discuss/Action on a Resolution Authorizing an Agreement for Partial Assignment of Roadway Impact Fee Credits with North Texas Surgery Center Real Estate, LLC and One Anna Two, Ltd. (Joey Grisham) North Texas Surgery Real Estate, LLC is developing a medical facility and outpatient surgery center on 4.775 acres just north of the northwest corner of US 75 and FM 455. Just south of the future development, Stacy Standridge owns 48.8106 acres, and he intends to develop it as future retail and restaurants. Stacy Standridge has plans to construct Standridge Boulevard which is a roadway included on the City's CIP Plan. Once Stacy Standridge constructs the roadway, he will be entitled to receive roadway impact fee credits. Through this agreement, the City is facilitating the partial assignment of an apportionment of these roadway impact fee credits to Stacy Standridge and North Texas Surgery Real Estate, LLC. Upon completion of Standridge Boulevard and acceptance by the City, 70% of Standridge Boulevard Impact Fee Credits will be apportioned to Stacy Standridge, and 30% will be apportioned to North Texas Surgery Real Estate, LLC. The agreement does not have an end date. It remains in effect until all obligations are fulfilled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT FOR PARTIAL ASSIGNMENT OF ROADWAY IMPACT FEE CREDITS WITH NORTH TEXAS SURGERY REAL ESTATE, LLC, ONE ANNA TWO, LTD. AND THE CITY OF ANNA, COLLIN COUNTY, TEXAS MOTION: Council Member Beazley moved to approve. Council Member Toten seconded. Motion carried 6-0. 14. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Consultant Contract, Meeting Procedures, zoning ordinance b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. None. 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 16. Adjourn. Mayor Pike adjourned the meeting at 8:58 p.m. Approved on the May 14, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF AiAtia AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 5/14/2019 Review minutes of the April 8, 2019 Planning and Zoning Meeting. (Maurice Schwanke) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Meeting Minutes 5/8/2019 Exhibit MINUTES PLANNING AND ZONING COMMISSION April 8, 2019 The Planning and Zoning Commission of the City of Anna held a special meeting at 7:00 p.m. on April 8, 2019, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:01 pm. Members present were Sandy Setliff, Wayne Barton, Janine Johnson, Leslie Voss, and Danny Ussery. Don Callaham and Donald Henke were absent. Staff present was Maurice Schwanke and Alexis Vanderslice. 2. Invocation and Pledge of Allegiance Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Action on recommendation regarding the PPROM Concrete Recycling Development Plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction and is generally known as 4745 FM 2862. The tract is in the Mark Roberts Survey, Abstract No. 742 and contains 34.485 acres of land. The owner is proposing to put a concrete recycling facility. A motion was made by Commissioner Ussery, seconded by Commissioner Voss to recommend approval of the development plat. The vote was unanimous. 4. Consider/Discuss/Action on recommendation regarding the Gonzalez Development Plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction and is located on the South side of FM 2862. The tract is in the James Fisher Survey, Abstract No. 305 and contains 30.649 acres of land. The owner is proposing to put a new home on the property. A motion was made by Commissioner Voss, seconded by Commissioner Setliff to recommend approval of the development plat. The vote was unanimous. Consider/Discuss/Action on recommendation regarding the Robertson Estates Minor Plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The minor plat is located within Anna's extra territorial jurisdiction and is located off of the North side of County Road 424. One of the proposed lots within the plat has an address of 6959 County Road 424. The tract is in the John Rowland Survey, Abstract No. 784 and contains 24.166 acres in total. The plat is proposing to create 4 lots on the property instead of 3 and to transfer some land between the owners for an access easement. A motion was made by Commissioner Setliff, seconded by Commissioner Voss to recommend approval of the minor plat. The vote was unanimous. P & Z Minutes 04-08-19 Page 1 of 2 04-08-19 6. Consider/Discuss/Action on recommendation regarding the West Crossing Phase 8, 10, & 12 Preliminary Plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The West Crossing Phase 8, 10, & 12 preliminary plat contains 49.916 acres located in the Henry Brantly Survey, Abstract No. 71 and the G. Morrison Survey, Abstract No. 559. This tract is located on the Southeast corner of Rosamond Pkwy and West Crossing Blvd, just North of West Crossing Phase 6. The preliminary plat is for 222 residential lots and 3 HOA lots. The tract of land is zoned as a Planned Development allowing for Single Family Residential Homes with a minimum lot size of 6,000 SF and 7,200 SF. A motion was made by Commissioner Johnson, seconded by Commissioner Ussery to recommend approval of the preliminary plat. The vote was unanimous. Consider/Discuss/Action on recommendation regarding the One Anna Two Addition Final Plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The final plat is located in the W. S. Rattan Survey, Abstract No. 752 and Thomas Rattan Survey, Abstract No. 782. The plat contains approximately 23.914 acres covering a section of land West of Highway 75 and North of the future Suzie Ln that will consist of 3 lots. A motion was made by Commissioner Setliff, seconded by Commissioner Voss to recommend approval of the final plat. The vote was unanimous. 8, Consider action to approve minutes of the March 4, 2019 Planning and Zoning meeting. A motion was made by Commissioner Voss, seconded by Commissioner Johnson to approve the March meeting minutes. The vote was unanimous. Adjourn A motion was made by Commissioner Johnson, seconded by Commissioner Voss to adjourn the meeting. The vote was unanimous. The meeting adjourned at 7:10 pm. NI'aurice Schwanke Director of Planning and Development ATTEST: r P & Z Minutes 04-08-19 Page 2 of 2 04-08-19 THE CITY OF AiAtia AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 5/14/2019 Approve a Resolution approving the Amber Smith Homeplace Development Plat. (Maurice Schwanke) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is generally known as 1961 County Road 376. The tract is in the Richard Whitaker Survey, Abstract No. 1011 and contains 4.35 acres of land. The owner is proposing to place a mobile home on the property and then in the future build a home, shop, barn and pond. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approval of a resolution approving the Amber Smith Homeplace Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 5/3/2019 Resolution 4/9/2019 Exhibit 4/9/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE AMBER SMITH HOMEPLACE DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Amber Smith has submitted an application for approval of the Amber Smith Homeplace development plat; 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 of Development Plat. The City Council hereby approves the Amber Smith Homeplace development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of May 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike __F i INTOK LISAI 20180116000058800 O.P.R.C.C.T. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I S 06 ---CL COMM I I (LINDSR GHT N0� WAY) IABLE 12983 COUNTY ROAD 426, LLC INSTRUMENT NO. 20180703000828690 O.P.R.C.C.T. 8" IRF I I I I I I II I I I I II I I I I I I I II I I II I I I I II I I I II I I I I II I � I I ` � I I � Erb c I a Q I � I I l � i -c I I air" I 901 I Magnoila sl <L a Food Mart Q Mal St I `> Oriole Or �1961 County Road 376 I � 37T 376 I 376 376 GLENDA L. YOUNG I = 427 INSTRUMENT NO. 96-0084787 O.P.R.C.C.T. I I MeadpW VIeW Ln I Meadow Lark Ln I McMdow Ridge Dr I I I I I f I II I I VICINITY MAP I I NOT TO SCALE I I I I I II i I I I II I I I I II I I I I II II I II ISURVEYOR'S CERTIFICATE I hereby certify to Michael Beau Smith, Amber Nichol Smith and the City of Anna, that this plat represents the result of a survey made on the ground on February 11, 2019 and is a true and accurate representation of the property shown hereon. There are no encroachments or protrusions except as shown hereon. `02'25" W 27.93' Todd Fincher, R.P.L.S. Signed: April 02, 2019. FLOOD NOTE According to my interpretations of the Collin County, Texas and Incorporated Areas, Flood Insurance Rate Map Number 48085C0160J, dated June 02, 2009, the subject property lies within flood Zone "X" and is not shown to be within a Special Flood Hazard Area. This statement does not imply that the property and/or structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This statement shall not create liability on the part of the surveyor. `'v P 50 0 50 Scale 1" = 50' PROPERTY DESCRIPTION Being a tract or parcel of land lying and situated in the RICHARD WHITAKER SURVEY, ABSTRACT NO. 1011, City of Anna, Collin County, Texas, being all of that certain called 4.34 acre tract of land described in a deed to Michael Beau & Amber Nichol Smith, as recorded under Instrument No. 20181101001361950, Official Public Records, Collin County, Texas, same being part of Tract 2, of Collin County Estates, an unrecorded addition to the City of Anna, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2" capped iron rod set stamped "RPLS 5633" at the northwest corner of said Tract 2 and Smith Tract, being the northeast corner of that certain tract of land described in deed to Intok Lisai, as recorded in Instrument No. 20180116000058800, Official Public Records, Collin County, Texas, said iron rod being on the south line of that certain tract of land described in deed to 12983 County Road 426, LLC, as recorded in Instrument No. 20180703000828690, Official Public Records, Collin County, Texas; THENCE South 88' 09' 29" East, along said line, a distance of 229.32 feet to a 5/8" iron rod found for corner at the northeast corner of said Tract 2 and Smith tract, also being the northwest corner of that certain tract of land described in a deed to Glenda L. Young as recorded under Instrument No. 96-0084787, Official Public Records, Collin County, Texas; THENCE South 01 ° 36' 02" West, along the east line of said Smith and Tract 2, together with the west line of said Young tract, a distance of 824.82 feet to a 1/2" iron rod found for corner in the north right-of-way line of County Road No. 376 (variable width right-of-way), THENCE North 88' 06' 45" West, departing said common line, along said right-of-way line, a distance of 229.21 feet to a 1/2" iron rod found for corner in the common line of said Smith tract and said Lisai tract; THENCE North 01 ° 35' 36" East, a distance of 824.64 feet along said common line to the POINT OF BEGINNING and containing 189,081 square feet or 4.34 acres of land. NOTES 1. Directional Control Shown hereon is based on NAD83(CORS96, EPOCH 2O02) tied to the Texas Coordinate System of 1983, North Central Zone (4202) using the WDS "TRIMBLE" RTK GPS Network. 2. This survey was performed without the benefit of a current title commitment and might not portray exceptions that a current title commitment might reveal. No search of easements, right-of-ways or restrictions was performed by surveyor. 3. Proposed highway right-of-way "reservations" shown hereon are approximate and are shown by graphically scaling such "reservations" from map provided by City of Anna Planning and Development Department and create no liability on the part of the surveyor. DEVELOPMENT PLAT OF AMBER SMITH HOMEPLACE DEVELOPMENT PLAT 4.35 ACRES LOCATED AT 1961 COUNTY ROAD 376 AN N A, TEXAS 75409 AND BEING SITUATED IN THE RICHARD WHITAKER SURVEY, ABSTRACT No. 1011 CITY OF AN N A, COLLIN COUNTY, TEXAS 3 7 6 4 2 7 S T A T E H I G H W A Y N O . 5 ME A D O W R I D G E D R I V E MEADOW LARK LANESKYVIEW DRIVEMEADOW GLEN ROADMEADOW VIEW LANE CHARLESTON DRIVE MELANIE DRIVERHETT ROADMARGARET LANE SCARLET VIEW MAGNOLIA ST.BELLE WILKES CT.MEADOW DRIVE T E N N Y S O N S T R E E T O R I O L E D R I V E M I L L S T R E E T P E R K I N S C T GRANDVIEW AVENUE N A S H C T PHILLIPS STREET RANCHVIEW DRIVE ROSAMOND PARKWAY 4 2 5 POWELL PARKWAY (S.H. 5) R O S A M O N D P A R K W A Y C H A L K R O A D WHITE ROCK I N D I A N C R E E K G R O V E C I R . E L M G R O V E RODEO DRIVE W E S T C H A L K R O A D E L M G R O V E C U R T S T . L A M O N T R D , DUSTIN TRAIL RYAN ST.AAR O N S T . KYLE ST. G R A N D V I E W A V E N U E L U P T O N S T S T E F A N I S T W O O D L A N D S T C Y R U S S T T R I S T O N S T P A R K A V E F A L L C T L A M O N T R O A D C U R T S T A A R O N S T P A R K E R D R D E S C O E S T S I T E THE CITY OF AiAtia AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 5/14/2019 Approve a Resolution approving the Jackson Estates Development Plat. (Maurice Schwanke) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is located on the North side of White Oak Circle. The tract is in the John Rowland Survey, Abstract No. 784 and contains 4.716 acres of land. The owner is proposing to put a new home and shed on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approval of the Jackson Estates Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 5/7/2019 Resolution 4/9/2019 Exhibit 4/9/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE JACKSON ESTATES DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Niki Jackson has submitted an application for approval of the Jackson Estates development plat; 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 of Development Plat. The City Council hereby approves the Jackson Estates development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of May 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike CALLED 11.000 ACRES KEITH C. URQUHART VOLUME 5542, PAGE 4856 1 _ R_ C- (I- T_ ELECTRIC LINE EASEMENT VOLUME 1407, PAGE 249 L.R.C. C.T. -N McMANUS )100407000333400 _. R. C. C. T. iE NORTH SCALE 1"-- 50' LEGEND C.M. = CONTROLLING MONUMENT �S = POWER POLE = TELEPHONE BOX o = FENCE POST e = AC UNIT IPF = IRON PIPE FND IRS = IRON ROD SET IRF = IRON ROD FOUND NOTES: 1. The original copy will have original signatures, stamp seal and an impression seal. 2. Copyright 2014, Surdukan Surveying, Inc. 3. This survey is being provided solely for the use of the current parties. 4. This survey is subject to all easements of record. 5. The bases of bearings, horizontal and vertical position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). LEGAL DESCRIPTION 4.716 ACRES BEING a tract of land situated in the John Rowland Survey, Abstract No. 784, Collin County, Texas and being all of a 4.7156 acre tract as conveyed to Gregory & Glenda Dovault and recorded in County Clerks No. 20081223001447830, Land Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a capped 112" iron rod set for corner at the southeast corner of said 4.7156 acre tract, said iron rod being in White Oak Circle; THENCE N 89°38'22" W following White Oak Circle a distance of 265.00' to a 112" iron rod found for corner ; THENCE N 01 *08'19" E a distance of 746.84' to a 1 " iron rod found for corner, THENCE N 85°25'43" E a distance of 230.00' to a 1 " iron rod found for corner, THENCE S 87°03'51 " E a distance of 48.09' to a 1 " iron rod found for corner; THENCE S 02°02'03" W a distance of 764.71 ' to the POINT OF BEGINNING and containing 205,412 square feet, or 4.716 acres of land. FM 3133 CR 1106 IE U `D I CR 429 NORTH 00 CR 376 U CR 427 FM 2862 FM 2862 O _ SITE v WHITE OAK �p 1 CIRCLE CITY OF ANNA CR 424 FM 455 LOCATION MAP DEVELOPMENT PLAT JACKSON ESTATES 4.716 ACRES JOHN ROWLAND SURVEY ABSTRACT NO. 784 COLLIN COUNTY, TEXAS OWNER SURVEYOR DANIEL & NIKI JACKSON SURDUKAN SURVEYING, INC. 420 WHITE OAK CIR. P.O. BOX 126 ANNA, TEXAS 75409 ANNA, TEXAS 75409 (972) 924-8200 (972) 924-8200 FIRM NO. 10069500 SCALE 1" = 50' DATE: APRIL 2, 2019 JOB No. 2014-70 THE CITY OF AiAtia AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 5/14/2019 Approve a Resolution approving the Farrell Development Plat. (Maurice Schwanke) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is located off of the East side of County Road 479, North of FM 2862. The tract is in the M. R. Roberts Survey, Abstract No. 742 and contains 6.367 acres of land. The owner is proposing to put a new home, barn, and two shops on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approval of a Resolution approving the Farrell Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 5/3/2019 Resolution 4/30/2019 Exhibit 4/30/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FARRELL DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, James Farrell has submitted an application for approval of the Farrell development plat; 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 of Development Plat. The City Council hereby approves the Farrell development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of May 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike 0- 14 is z EASEMENT DETAIL .- s f� . ''• -.' 3 j8" IRF f. P.O.B. EMT. 6 41.100 ACRES Nb DAN & ANN WINN 20170511000608500 �- •'- �-- �,, �� .. ... . 20 -•C7' .-- / L7 2.9693 ACRES j EPISCOPAL SCHOOL OF DALLAS / { l /' 22.200 ACRES WIt�I1AM WADE ,1 ..... � 40 44V %f /Aj f t 11.970 ' ACRES % THE EPISCOPAL SCHOOL OF DALLAS1 ` 4261 j 124.3 L13 55.8101 ACRES THE EPISCOPAL SCHOOL OF DALLAS P.O.B. TR. P.0.B. TR. 1 WINDO WEIGHT two �* M.R. ROBERTS SURVEY, A 742 f -6.367 A BARN 75.I R PROPOSED 15ov Z SHED i 4. to 00 .� / 8 � f { REM. OF 15.59 *ACRES / JEFFREY JONES, ET AL WINDOW �' . 2018082800108060 WEIGHT ' N 32' '45 w -- ' 80.64 25' ESMT. TO j COLLIN COUNTY �• 20060420000530500 100 YEAR FLOOD PLAIN --�- -�.--,r,-•- '. C.R. 479 .rt• �11102 WIN LEGEND 0 POWER POLE 0 WATER VALVE 0 MAILBOX UNDERGROUND CABLE MARKER jtWATER• FIRE HYDRANT o CLEAN OUT GAS METER TELEPHONE13 a ELECTRIC METER A ! r � f 6,972 ACRES JEFFREY JONES, ET AL 20180828001083060 • rI j / 27.411 ACRES 3/8- IRF JEFFREY JONES, ET AL 20180828001083060 ,-. P . 0. B. TR. 4 P . O . . ESMT. 50.189 ACRES -- -' -- 20180529000645330 LO ACCESS ESMT. SEE DETAIL I f 8" IRE-` � 23.879 ACRES JEFFREY JONES, ET AL 20180828001083060 G.W. DANIELSURVEY, A --- 8 ----x- ,.. H.R.S. LINE X_X 27.683 ACRES x RICHARD BROWN, JR. 24.970 ACRES 20130320000374240 KIMANN PHAM & TRI MINH NGUYEN 18.024 ACRES I 20130204000156530 KAREN HUGHES, et al 20131118001552090 J. ROWLAND SURVEY, 784 11 I_,EGA1_, DESCRIPTION BEING a tract or parcel of land situated Collin County, Texas, being part of the M.R. Roberts Survey, Abstract No. 742, being part of a 15.592 (Tract 2) acre tract of land as described in a Warranty Deed frorn Marsha McLean Gifford, Shari Gifford Alvarez and Geoffrey Butte Gifford to Jeffery L. Jones and Lillian Maley as recorded in/under Clerk's File No 20180828001083060 of the Official Records of Collin County, Texas and being further described as follows: BEGINNING at a window weight found for a corner at the northeast corner of said 15.592 acre tract, said Point of Beginning; being at the existing southeast corner of a 55.8101 acre tract as conveyed to The Episcopal School of Dallas as recorded in Volume 5825 at Page 490 of the Official Records of Collin County, Texas; THENCE, S 0203729" W along the east line of said 1.5.592 acre tract, a distance of 506.34 feet to a 1/2 inch iron rod set for aF corner; ]'HENCE N 89049'31" W a distance of 8.41 feet to a 1/2 inch iron rod set for a corner; THENCE S 5603924" W a distance of 34.23 feet to a 1/2 inch iron rod set for a corner; THENCE S 48038'15" W a distance of 32.52 feet to a 1/2 inch iron rod set for a corner; THENCE S 3802537" W a distance of 750.10 feet to a 1/2 inch iron rod set for a corner; THENCE N 32"35'45" W a distance of 80.64 feet to a 1/2 inch iron rod set for a corner; THENCE N 02018'54" W along a fence, a distance of 425.00 feet to a 1/2 inch iron rod set for a corner; THENCE N 49051'26" E a distance of 387.64 feet to a 1/2 inch iron rod set for a corner; THENCE N 38050'02" E a distance of 502.48 feet returning to the Point of Beginning and containing 6.367 acres of land. ACCESS EASEMENT BEING a tract or parcel of land situated Collin County, Texas, being part of the G.W. Daniels Survey, Abstract No. 289, being part of a 6.972 (Tract 1) acre tract of land, part of a 15.592 (Tract 2) acre tract of land, part of a 23.879 (Tract 3) acre' tract of land and part of a 27.411 (Tract 4) acre tract of land as described in a Warranty Deed from Marsha McLean Gifford, Shari Gifford Alvarez and Geoffrey Butte Gifford as recorded in/under Clerk's File No. 20180828001083060 of the Official Records of Collin County, Texas and being further described as follows: BEGINNING at a 3/8 inch iron rod found for a corner at the southeast corner of said 27.411 acre tract, said Point of Beginning being further marked by a 1/2 inch iron rod found at the existing southwest corner of a 50.189 acre tract as conveyed to Shakthi, LAIC as recorded in/under Clerk's File No. 20180529000645330 of the Official Records of Collin County, Texas bearing S 01 °00'34" W at a distance of 1063.24 feet; THENCE; S 01 000'34" W along a fence and the west line of said 50.189 acre tract, a distance of 32.60 feet to a point; THENCE S 67059'18" W a distance of 1375.16 feet to a point; THENCE S 89055'l0" W a distance of 99.16 feet to a point; THENCE S 64023'40" W a distance of 35,70 feet to a point; THENCE S 4898' 15" W a distance of 25,64 feet to a point; THENCE S 38015' 12" W a distance of 676.69 feet to a point; THENCE S 3705223" W a distance of 158,14 feet to a point; THENCE S 28001'55" E a distance of 87.40 feet to a point; THENCE S 12"25'54" E a distance of 53.44 feet to a point on the north line of Collin County Road No. 479; THENCE S 87034'10" W along the north line of Collin County Road No. 479, a distance of60.93 feet to a point; THENCE N 1202554" W a distance of 34.64 feet to a point; THENCE; N 2800l'55" W a distance of 67.71 feet to a point; THENCE N 3201429" W a distance of 48.89 feet to a point; THENCE N 37°5223" E a distance of 201.17 feet to a point; THENCE N 38015'12" E a distance of 682.34 feet to a point; "THENCE; N 48038'15" E a distance of 39.39 feet to a point; THENCE? N 64"23'40" E a distance of 46.23 feet to a point; THENCE N 89012'43" E a distance of 102.36 feet to a point; THENCE:, N 67059' 18" E a distance of 1398.69 feet to a point; THENCE N 00054'30" E a distance of 411.96 feet to a point; THENCE N 80" 1743" E a distance of 30,25 feet to a point; THENCE S 00054'30" W along a fence and the west line of said 50.189 acre tract, a distance of 437.47 feet returning to the Point of Beginning and containing; 3.807 acres of land. SURVEYOR'S CERTIFICATE 1, Frank R. Owens, Registered Professional Land Surveyor, State of Texas, hereby certify that the plat hereon is a true and correct representation of the property as determined by survey upon the ground, the lines and dimensions of said property being indicated by the plat, the visible improvements are within the boundaries of the property set back from the property lines the distances indicated and there are NO VISIBLE ENCROACHMENTS, CONFLICTS OR PROTRUSIONS, except as shown on the plat. OF Frank R. Owens R. P. L. S . No. K PA5387'j�}.j..4,,{,�CCv.{#f�.#�/#�ijj.,�««/�e. .«. Date: April 22, 2019 .p ,,,,"°•#' Scale: 1" 200' A S#! .� NOTES::` I. Bearings are based on WGS84. 2. Survey performed with benefit of title report, GF No. 181 1-07VA, Effective Date: November 19, 2018. 3. According to the Flood Insurance Rate Map No. 48085COI80J and 48085CO090J dated June 2, 2009, published by the Federal Emergency Management Agency, the subject property lies within Flood Zone "V and is not shown to be within a special flood hazard area EXCEPT AS SIIOWN, This statement does not imply that the property and/or structures thereon will be free from flooding or flood darnage. On rare occasions, greater- floods can and will occur and flood heights may be increased by man-rnade or natural causes. This flood statement shall not create liability on the part of the surveyor. 4. Easement granted by instrurent dated June 4, 1927, executed by R.A. Robertson and L.C. Robertson, his wife to hone Star Gas Company as recorded in Volume 267 at Page 470 of the Real Property Records of Collin County, Texas (toes not t � t the above described tract of land, 5. Easement granted by instrument dated September 8, 1956, executed by R.A. Robertson, Sr. and Lisa C. Robertson, his wife to Collin County Soil Conservation District as recorded in Volume 523 at Page 24 of tyre Real Property Records of Collin County, Texas tr eel the above described tract of land. (No specific location described in document.) 6. Easement granted by instrument dated September 23, 1998, executed by Elizabeth Butte Gifford Family Trust to The Episcopal School of Dallas as recorded in Volume 4261 at Page 1258 of the Real Property Records of Collin County, Texas Clues affect the above described tract of land. (No specific location described in document) M.R. ROBERTS SURVEY, A-742 (6.367 CITY OF AN NkTA1 COLLIN COUNITY,"I"'EXAS APRIL, Owner: Janes Tarred 9.6587 ACRES 41 Pecan Grove Cir. GARY & KAREN HUGHES 1 20080422000478920 Lucas, Texas 75002 ,. -- WOOD FENCE BARBED WIRE FENCE - 0- 0- CHAINUNK FENCE 0 e n s L as n d S u r v e vdo ng FIRM REG. CERT. #10022400 Surveyor: Owens Land Surveying P.O. Box 1025 2616 Stonewall Street Greenville, Texas 75403 903-450-9837 DATE: • SCALE: • JOB • 47 4 COLLIN COUNTY ADVENTURE CAMP THE CITY OF AiAtia AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 5/14/2019 Approve a Resolution approving the Pope Development Plat. (Maurice Schwanke) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is located off of the East side of County Road 479, North of FM 2862. The tract is in the G.W. Daniels Survey, Abstract No. 289 and contains 7.2 acres of land. The owner is proposing to put a new home and shop on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approval of a Resolution approving the Pope Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 5/3/2019 Resolution 4/30/2019 Exhibit 5/7/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE POPE DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Johnny Pope has submitted an application for approval of the Pope development plat; 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 of Development Plat. The City Council hereby approves the Pope development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of May 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike COLLIN COUNTY ADVENTURE CAI THE CITY OF AiAtia AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 5/14/2019 Approve a Resolution approving the site and landscape plan for Jackman Real Estate Building located at 600 W. White St. (Maurice Schwanke) SUMMARY: Daniel Mangum, the applicant, has submitted a site and landscape plan for Jackman Real Estate Building located at 600 W White St. The site contains approximately 1.11 acres of land that are zoned PD for commercial uses. The site already contains an existing 3,300 SF medical office building and is proposing a new2,450 SF Medical/General office building. STAFF RECOMMENDATION: Approval of a Resolution approving the Jackman Real Estate Building site and landscape plan. ATTACHMENTS: Description Upload Date Type Resolution 5/3/2019 Resolution Site Plan 4/30/2019 Exhibit Landscape Plan 4/30/2019 Exhibit Building Elevations 4/30/2019 Exhibit Location Map 3/18/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF JACKMAN REAL ESTATE BUILDING. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Daniel Mangum has submitted an application for approval of a site plan and landscape plan of Jackman Real Estate Building; 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 of Site and Landscape Plan The City Council hereby approves the site and landscape plan of Jackman Real Estate Building attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14t" day of May, 2019. ATTEST: APPROVED: City Secretary, Carrie L Smith Mayor, Nate Pike y { { i { 1 { { ?c { 0 { C N x y I! 1 l { I C { 0 N I 1 I ►►• t ► Lot TI, Block A Lot I2. Block A Lot I3. Block A WILLOW CREEK I yy I WILLOW CREEK ♦ ! ADDITION PHASE I WILLOW CREEK ADDITION PHASE 1 Dra age and ! Vol. P. Pg. 405, ADDITION PHASE 1 I {y I Vol. P. Pg. 405, ! Vol. P, P 405, Ut►li Easement M.R.C.C.T. M.R.C.C.T. I y I M.R.C.C.T. (VoliP. Pg. 405) j y ! ! 198' Approximate Location of ! top Weise 100-Year Floodplain as ! ! y R e•P6 scaled from FEMA Map i► ! I y I r1 IIrPK M&SU7 5' Utility Easement noted in Note No. 1. ! .._.._..,...._.._.._..,..._..----•-"-_._•__.•- 1/2`C.I.R.F• { (Vol. P. Pg. 405) ! ! 'DEER• (C.M.) y CR pr r 127.71 7' ! • _ ._ _e■ sr.■ ►._■ .■_ _s. ama.r.+_a. .ar. _ :_ { ✓VF03t;T1' - - - ...-� �- - - T- - - - - # _ _ _ _ _ ��X( ._.a .._.._ ....a...a_,a .._. .a_ OWNER .. 325.89' _ w PROPOSEDi1i6, MASONRY SCREENING WALL 55MHr ■aM.■ ._a ■s.. a.s_ ■�.■ ■:_..a.._■ars. _.a_a._a._a._a_.._.._.. . _.._s._a._aa�..ar... ars._a..■■. _.. _.._..rra_.. ! I .__..___---F0_'tt717ty1csemer;t ` -'EXIS 311 S1r4V R-------- ! (Vol. P. Pg. 271 - - -- - - ...._ _.... - bRA55 SSi ! r aund t -- MH i ^ I ate O P1 0-nd lbat 0 i G640 60.0 ROOF AXESS ' f .' •i ! 4. 66' i CAMCRETE wAur � � ri bRAgS c�7 r d •s- . r I :� NEW 6' ; �• r =^_'� ��.� 4� �� A = 1 I r ..�if7h i I I •,� ! I i • a. 1 Drainage and 4g.1 i i . r r • '9� a N . r PRIOPOSED SINGLE STORY ' ! g . . : Na rvC ) b 4 ' i Utility Easeme► t 0 # ' - N ' r MEDi1CALIGENERAL !(Vol.� � m� .• - _ N - J � ..1 0 .+ ! (Vl. P. Pg. 27) +• � # ! 3 ire` 3$ e' I 'D OFFICE BUILDING b A55 � ` 1 ` � I ' 25. 1' 2 3• 2.450 SF 4 c N , 4 ! • t 1. a �►' FF In # 90 6X 1 yt GM c�� rri y [�� One -Story Brick and Stone (� ' 1 C (P ♦ N ♦♦ EXISTING Finished Floor Ni � 1 '+�tL 3J ♦ � •� a 3 3.300 SF Elevation = 6a8.90' .'� w • - Remainder of ` ).& MEDICAL OFFICE �, o �?� I♦ Lot 1. Block G r l Lot 18. Block G F5.0 _ ! ? ; WILLOW CREEK ADDITION 1 ,� SASM INVESTMENTS vi O�br c), PHASE 1B r ADDITION t` 3 r 4Jk 14 # .� Vol. P. Pg. 27, ! Vol. 2014, Pg. 544, 5.0' I �e 1 r �VVV M.R.C.C.T. 6X 151! GM r ! ` M.R.C.C.T. � I ' r s!t • I (^� S r ` 44. � o r ZS.Q e I - -� ♦ �• !�v ! r-.O� 10.81 m ; BRASS '� i S __�,-__ ^ �-�� '��?,,,� h EXIST CONCRETE WAK Lij W I NEW G(aAIC { �•• ���,` -�- r- - _..........._► =t= , - _ - - - - --� c-� 3 • f ! s� John Bradley - ff3 r 2'PAI�tICING7VERi%MIG r ' I r r I # ♦� Vol. 4316. Pg. 2211. C D.R.C.C.T. L• r : J i 11 r I I 5 P f1 O ACE ;� 0' ' ♦ i 'I r § � i EX�.STING )oARKIN ACAS N i 9& - .. bt; �Ic lTYPI b A 2`R I ,f.., K X.t$7I16 f i BEAM r244 FA ax ^osa AE altar ::: elsrent Q s 3 3 NEW P ACES . _ 9y' 441 >; ... ' # 'ding Unia A;'. �. u € r I •f,,,r i I I I j EXISfNG PRKING SPACE r fiPI i y_ ,.-_-•__-�_...._--_LYoI_2814�P�5�4)__�N ! . 6 X 1� R 6 01'' i I' PA�?KIIG OVRH I ° 17 41 r f i L +) 11 ••• I i r I r I I147if l5' Landsca e E ' Q r r trio ► ♦ F aaemen t • i �r LS r1 , g 544) r r rOdH I ' ' ♦� (Vol 2014 P tCn I. b.D-' I _�.-- - LO-r7�A55 ' t��1 EXIST t l� i�N 5441 E,Y��T•-W -... r c i _ TQF' ter- H *♦� , g' - % E (COME) &RA6J6J 7.0' .•__ .!_a - - `-�-�.----.�-�._..�.- -.--� � _.:_.._Raw.■ ♦ ` .- _ _ = - = = _ _ - _ - .. _ � _ = sr 11 -GEER' (C.M.) %� - �5tM _ 1-------4&6,6!- • Remainder of 1 5. 0' ! + 15' Utility Easement ! 4 (Vol. P. Pg. 27) �•.�. H%v Nlo. 455 TOP MH=6$4.55' TOP MH=683.8:7 # /I� ! r FL 1$' RCP(iyl)=679.55' FL t$' RCP(�!l=678.58' # (Variable Width fight -of -Wag) FL I$' RCP(E)--678.93• FL 24' RCP(E)-675.92' ! # LANDSCAPE N01 ES: �---`--L--------------------------- 197.0' r i --_ .REXISTING 6" FORCE MAIN - - - - - - - 61'85' ! •�` • All grass areas are to be Bermuda Hydromulch.l sod andior Zoyzia sod. Due to potential water restrictions, _ - - _ _ _ _ _ _ _ _ - _ - _ _ - - - R - - - - - - - - - - - - - - - - - - - r .r ► . _ _ _ an W . ►► check with Cit} of Anna for current requirement for turf establishment. Most existing grass will remain. - - ' - - - - ` - ` - - - - - - - - - - - - - - - - - - -�, - - - - _ ♦ • Grass and bed areas are to be separated by 14 gauge (min.) metal edging. Ground cover/annual color beds to be ! - ` - - - - '" - - - - - -♦ - - - - - - - - - - - - - separated from shrub beds bi°14 gauge (lain.) metal edging. � " ` - - - - - - - - - - _ _ , _ • Contractor to verify plant material quantities and notify owner of any conflicts_ . Plantii a 11�-A it r r�ti.�ti ctzall rancid Of in�nr�nr'fii�u. n to 4 cubic- fbot bRie of erha�ngm p e4t miss 4n,i onI� > � ! - cubic foot bag of landscapers mix (Special Blend) into the top six inches of existing soil for every 75 sq. ft. ! r of bed. j t • Trees in turf areas are to be planted with existing soil excavated from planting hole. The tree excavation is to be • 6 inches deeper and 24 inches wider than the root ball to be planted. All landscape areas shall be watered by a fully automatic irrigation system with rain and freeze sensor controls as per City of Anna specifications. • • All plant material shall rneet American Nursery Standards cif height and width for each container size or ca5p,_r of tree and be free from disease and handled with care. • • Trees shall have a root ball of a minimum of 10 inches of diameter for each inch of caliper. • • Excluding groundcover and color beds, plant material shall have 2 inches of decomposed granite covering the bed. r • Contractor shall be responsible for locating all utilities and obtaining permits as required by City of Anna. Tabulations: ! # Landscape Requirements Site: 10% in permanent landscape PLANT # Required: (48222x.1=4822} 4822 s.f. PLANT NAME SIZE SPACING HEIGHT* QUANTITY Provided: 27508 s.f.(57%) DBH Dwf, Burford Hall Ilex cornuta burfordi" 5 al 3fi° 24" 47 Street Yard : (76.5x258.09-19744x.15-2962) Required: 15% in permanent landscape 2962 s.f. CE Cedar Elm Ulmus Crassifolia 3"cal All 10' Provided: 8194 s.f. (41.594.) LO Live Oak Qrrercus vir iniana 6 Street Yard Screening of parking Required: 75% screened (124,5'x.75-94) 94' 3��cal Provided: 1ti� R� R�lrl (vr�rayc lTr,(0I's,:n eCg1i, huml 4r1 Street Frontage: Required: 1 tree/40 Lf, (197140=5 trees) 5 trees Provided: 2 _. 12" Red Oaks, 1 - 13" Red Oak 9 equivalent Residential Butler Required: I treei401.f. (16V40=5) 5 trees Provided: 5 trees 0 5 10 15 20 30 40 so SCALE IN FEET SCALE: 1" = 20' LOT 1B, BLOCK G - SASM INVESTMENTS ADDITION 1. ZONING: C-1 - RESTRICTED COMMERCIAL 2. PROPOSED USE: MEDICAL / GENERAL OFFICE 3. PROPERTY AREA: 48,222 SF - 1.11 ACRES 4. BUILDING AREA: EXISTING OFFICE - 3,300 SF PROPOSED OFFICE - 2,450 SF 5. BUILDING HEIGHT: 1 STORY - MAX 25' 6. LOT COVERAGE: 11.92% F.A.R. = 0.12:1 7. PARKING PROVIDED: 28 SPACES + 3 ACCESSIBLE SPACES 8. TOTAL SQUARE FOOTAGE OF IMPERVIOUS SURFACE: 57,610 SF 9. INTERIOR LANDSCAPE REOUIRED: 465 SF INTERIOR LANDSCAPE PROVIDED: 465 SF 0 WATER METER SCHEDULE TYPE SIZE NUMBER SANITARY SEWER DOMESTIC 1%2" 1-EXISTING 6" IRRIGATION t-EXISTING NA DOMESTIC t" 1-PROPOSED V OWNER/DEVELOPER: JACKMAN REAL ESTATE, LLC 4814 VIVALDI XING SHERMAN* TEXAS 75090 AMY AND MATTHEW JACKMAN (469) 628-3066 ENGINEER: HELMBERGER ASSOCIATES, INC. 1525 BOZMAN ROAD WYLIE, TEXAS 75098 RANDALL T. HELMBERGER. P.E. f 972 ? 442-7459 LANDSCAPE PLAN JACKMAN REAL ESTATE BUILDING LOT 1B, BLOCK G - SASM INVESTMENTS ADDITION 600 W. WHITE STREET ANN A, TEXAS SHARP LAN05GAP66 1129 HUNfIWON 091W ! RIGHAR060N) t6XA5 75060 611.L SHARP - 972.978-6172 DESIGN I DRAWN I DATE I SCALE I NOTES I FILE I NO. 2019 ( "'20' I SPLAN M39 1 L 1 Vborder.dgn 4/17/2019 3:37:29 PM FLASH 1/2" THROUGH BOLTS THROUGH STEEL STUD AND TREATED WOOD 2 X BLOCKING PLATE 6" X 6" X 1/4" W/ PLATE 6" X 6" X 1/4" W/ 4 - 1/2" DIA. X 6" ANCHORS 4 - 1/2" DIA. X 6" ANCHORS TO STL. STUD BLOCKING STEEL STUD FRAMING TO STL. STUD BLOCKING REF: STRUCTURAL DWG'S. 2 - 1/4" THK. STEEL PL 2 - 1/4" THK. STEEL PLAT W/ 1/2" DIA. ANCH W/ 1/2" DIA. ANCHOR TO STL. PIPE TO STL. PIPE q o PIPE 1" DIA. STD. SUPPORTS AINED CEMENTITIOUS iv N REF: ELEVATIONS (BLACK) (WOOD LOOK) SIDING ` 22 GA. GALV. STL. 77 THROUGH BOLTS THROUGH PIPE 1" DIA. STD. SUPPORTS FLASHING CONT. STEEL STUD AND TREATED REF: ELEVATIONS (BLACK) FACE BRICK VENEER WOOD 2 X BLOCKING FACE BRICK VENEER AS SCHEDULED F= 1: 3/16" TH CK ANODIZED ALUMS SCHEDULED 3/16" TH CK ANODIZED ALUM. PREFINI ED METAL FRAME r BE TE - SLOPE FOR DRAINA BEN E SLOPE FOR DRAINA W/ CANV CLADDING ^ 00-- 3/16" THK. BLACK ANODIZED ALUM. BENT PLATE AT PERIMETER OF AWNING 4'-61' ANODIZED ALUMINUM STOREFRONT SYSTEf (07)PREFIN. MTL. AWNING `../ SCALE: 1" = 1'-0" AWNING BB WD2.DWG 4 EAST ELEVATION SCALE: 3/16" = V-0" EXT EL0I .DWG n WEST ELEVATION ` / SCALE: 3/16" = V-0" EXT EL0I .DWG FACADE CALCULATIONS: FRONT / SOUTH ELEVATION: WEST ELEVATION EAST ELEVATION NORTH ELEVATION BRICK/STONE VENEER: 1,506 SO/FT 73% BRICK/STONE VENEER: 1,092 SO/FT 80% BRICK/STONE VENEER: 1,142 SQ/FT 84% BRICK/STONE VENEER: 1,156 SQ/FT 67% PREFINISHED METAL AWNINGS: 58 SO/FT 3% PREFINISHED METAL AWNINGS: 16 SO/FT 1% DOORS AND WINDOWS: 126 SO/FT 9% DOORS AND WINDOWS: 84 SO/FT 9% DOORS AND WINDOWS: 288 SO/FT 14% DOORS AND WINDOWS: 160 SQ/FT 12% E.I.F.S. PARAPET/COPING CAP: 94 SO/FT 7% E.I.F.S. PARAPET/COPING CAP: 106 SQ/FT 7% E.I.F.S. PARAPET/COPING CAP: 212 SQ/FT 10% E.I.F.S. PARAPET/COPING CAP: 94 SQ/FT 7% CANVAS AWNINGS: 16 SQ/FT 1% TOTAL: 2,064 SO/FT TOTAL: 1,362 SQ/FT TOTAL: 1,362 SQ/FT TOTAL: 1,362 SQ/FT Patrick Ahearne, Architect Aawk814 Wind Elm Drive Allen, TX 75002 - 214 673-0054 patrick@ahearnearchitect.com 6 CANVAS SCALE: 1" = 1'-0" DOOR HEAD REF: DETAIL CLAD AWNING AWNING BB WD.DWG (;-**)NORTH ELEVATION 11/ SCALE: 3/16" = V-0" EXT EL0I .DWG (0010") SOUTH (FRONT) ELEVATION `�/ SCALE: 3/16" = V-0" EXT EL0I .DWG A New Shell Retail Building for: Jackman Real Estate, LLC 604 West White Street Anna, Texas 3/16" THK. BLACK ANODIZED ALUM. BENT PLATE AT PERIMETER OF AWNING 4'-6" ANODIZED ALUMINUM STOREFRONT SYSTEP 5 PREFI SCALE: 1" = 1'-0" N. MTL. AWNING -E.I.F.S. COPING CAP (PAINTED) - RE: 3/A2.02 TOP OF PARAPET o EL. = 122'-6" r — PREFINISHED METAL AWNING - REF: 5/A3.01 BOTTOM OF ROOF TRU1c EL. = 112'-0" FACE BRICK VENEER COLOR 'A' FIN. FLOOR AWNING BB WD.DWG 9 N T N N NOTE: 1. FACE BRICK VENEER, COLOR 'A' - LIGHT BRICK 2. FACE BRICK VENEER, COLOR 'B' - DARK BRICK 9 1/2" ISSUED FOR PRICING AND PERMIT 1 REVISIONS: A3mOl rn Q x w H Q Z Z Q I w CC I— w 2 d- O I U J J W H H (/) W QJ Lis Of Z Q Y U Q E I G H T S T R E E T W H I T E S T R E E T ( F . M . 4 5 5 ) WESTGATE COURTWESTFIELD DRIVE BAMBOO DRIVEWILLOW CREEK ALDER DRIVE SEQUOIA DRIVEDOGWOOD DRIVEMIMOSA DRIVE INTERURBAN STREET RIGGINS STREET POWELL PARKW A Y ( S . H . 5 ) S E V E N T H S T R E E T S I T E THE CITY OF AiAtia AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 5/14/2019 A) Conduct a public hearing to consider public comments regarding a request by Scot Albert, the representative for Starlight Homes Texas, LLC, the owners of the property. The property is currently zoned by a Planned Development (PD 127-2004). The applicant requests to replace the existing Planned Development with a new Planned Development. The section of property is located in Phase 2 of Sweetwater Crossing, Block C, Lots 8-14. (Maurice Schwanke) B) Consider/Discuss/Action on a recommendation regarding the request by the applicant and owners of the property to replace the existing Planned Development with a new Planned Development zoning. SUMMARY: The Sweetwater Crossing Development was platted in 2005. At that time an Atmos gas line that traverses the Sweetwater Crossing Development was not surveyed properly and encroaches into the existing lot pattern and therefore reduces the building pad size. Starlight homes Texas LLC is trying to rectify the situation and are desirous to develop the property. To accomplish increasing the pad site, the front setback needs to be decreased from 25 feet to 20 feet. A significant portion of Anna already has the 20 foot front setback standard. STAFF RECOMMENDATION: Approval of the proposed Planned Development. ATTACHMENTS: Description Upload Date Type Proposed Planned Development 4/30/2019 Exhibit Location Map 4/24/2019 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. (Amendment to Ordinance No. 127-2004) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE, AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A, attached hereto, has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna have given the requisite notices by publication and otherwise have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council 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 changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, Amending Ordinance No. 127-2004. Section 2. All regulations pertaining to Ordinance 127-2004 shall be applicable to this Planned Development, except as amended herein. Residential Element 4. The Front Building Line shall be twenty (20) feet as measured from the front property line on Lots 8 to 17 of Block C. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 14th day of May, 2019. ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY OF AiAtia AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 5/14/2019 Consider/Discuss/Action to fill vacancy on the EDC and CDC boards. (City Secretary) SUMMARY: Ms. Shelby Miles has give her resignation from the EDC and CDC Commissions. Her term does not expire until June 2020. Staff is looking for direction from Council, would you prefer to appoint a replacement at the next Council Meeting, May 27, or wait until the interview committee completes interviews and appoint at the June 27th meeting? STAFF RECOMMENDATION: THE CITY OF AiAtia AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 5/14/2019 Consider/Discuss/Action on an Ordinance amending Ordinance NO. 671-2014 to Correct Scrivener Errors Relative to the Dollar Amount of Roadway Impact Fee Assessments. SUMMARY: At the September 23, 2014 City Council meeting, the City Council approved the assessment of roadway impact fees at a rate of $333.34 per service unit for both service areas. The Ordinance that was signed states that the assessment of roadway impact fees shall be at a rate of $702.00 per service unit for service area 1 and $616.50 per service unit for service area 2. When this happens, it is known as a scrivener error. This ordinance makes record of the above -referenced scrivener error to avoid confusion over the dollar amount of the intended assessment. STAFF RECOMMENDATION: Approve the Ordinance amending Ordinance No. 671-2014 to correct scrivener errors relative to the dollar amount of roadway impact fee assessments for service area 1 and service area 2. ATTACHMENTS: Description Ordinance Fixing Scrivener Error Impact Fee Ordinance 2014 Impact Fee Ordinance 2015 Impact Fee Ordinance 2018 Minutes Upload Date 5/8/2019 5/8/2019 5/8/2019 5/8/2019 5/8/2019 Type Staff Report Staff Report Staff Report Staff Report Staff Report ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE NO. 671-2014 TO CORRECT SCRIVENER ERRORS RELATIVE TO THE DOLLAR AMOUNT OF ROADWAY IMPACT FEE ASSESSMENTS FOR SERVICE AREA 1 AND SERVICE AREA 2; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, subsequently amended and adopted as Chapter 395 of the Local Government Code authorizing impact fees for water and wastewater facilities and roadways; and WHEREAS, the City established an impact fee program under Chapter 395, including without limitation the assessment of roadway impact fees; and WHEREAS, on September 23, 2014 the City Council enacted Ordinance No. 671-2014 updating and amending roadway impact fees, wherein scrivener errors were made in setting forth the amount of roadway impact fee assessments; and WHEREAS, in the enactment of Ordinance No. 671-2014 at its meeting of September 23, 2014, the objective and intent of the City Council was to set the dollar amount of assessment of roadway impact fees at $333.34 (rounded to the nearest dollar) per service unit in service area 1 and $333.34 (rounded to the nearest dollar) per service unit in service area 2 (collectively, the "Intended Assessment Amounts"); and WHEREAS, the Intended Assessment Amounts were applicable from the adoption of Ordinance No. 671-2014 on September 23, 2014 until the effective date of Ordinance No. 756-2018 (the "Relevant Assessment Period"), which said ordinance increased the dollar amounts of assessments of roadway impact fees to $702.00 34 (rounded to the nearest dollar) per service unit in service area 1 and $616.50 34 (rounded to the nearest dollar) per service unit in service area 2; and WHEREAS, the amount of the assessment of roadway impact fees has been further modified by ordinance(s) adopted after Ordinance No. 756-2018; and WHEREAS, during the Relevant Assessment Period, the City assessed new development in the amount of the Intended Assessment Amounts per service unit despite the above -referenced scrivener errors; and WHEREAS, as to any areas of new development that were assessed roadway impact fees during the Relevant Assessment Period the City will continue to collect impact fees when due in the Intended Assessment Amounts; and CITY OF ANNA ORDINANCE NO. Page 1 of 3 WHEREAS, the City Council desires to make a record of the above -referenced scrivener errors to avoid confusion over the dollar amount of the Intended Assessment Amounts; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council for the City of Anna herein amends Section 6(b) of Ordinance No. 671-2014 to correct scrivener errors by deleting the dollar amounts mistakenly set forth therein and substituting the Intended Assessment Amounts such that Section 6(b) shall hereinafter read in its entirety as follows in accordance with the City Council's original intent: "(b) For new development on land that is platted in accordance with Subchapter A, Chapter 212 of the Texas Local Government Code, the City shall assess the roadway impact fees before or at the time of recordation of a subdivision plat. Subject to the limitation on the amount as set forth in subsection (a), above, the amount of the roadway impact fees will be calculated and assessed pursuant to this ordinance or as modified by a future ordinance adopted by the Council. Unless and until modified by a future ordinance, the amount of the roadway impact fee that shall be assessed and collected are: (1) $ 333.34 rounded to the nearest dollar per service unit equivalent for service area 1; and (2) $333.34 rounded to the nearest dollar per service unit equivalent for service area 2." Section 2. Notwithstanding any provision of this ordinance or any other ordinance, the adoption of this ordinance only applies to impact fees assessed during the Relevant Assessment Period and this ordinance does not amend any aspect of any ordinance other than Ordinance No. 671-2014. This ordinance shall not be construed to change the amount of the assessment as to any roadway impact fees assessed on or after the effective date of Ordinance No. 756- 2018. Section 3. This Ordinance shall be effective upon its passage by the City Council and publication as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 14th DAY OF MAY 2019. CITY OF ANNA ORDINANCE NO. Page 2 of 3 APPROVED: Nate Pike, Mayor ATTEST: Carrie L. Smith, City Secretary CITY OF ANNA ORDINANCE NO. Page 3 of 3 CITY OF ANNA, TEXAS ORDINANCE NO. 671-2014 AN ORDINANCE OF THE CITY OF ANNA, TEXAS APPROVING ADOPTED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN FOR ROADWAY IMPACT FEES; APPROVING AND IMPOSING ROADWAY IMPACT FEES IN SERVICE AREA 1 AND SERVICE AREA 2; ESTABLISHING PROCEDURES FOR ASSESSMENT, CALCULATION AND COLLECTION OF SAID FEES; AMENDING THE ANNA CITY CODE OF ORDINANCES, PART II, ARTICLE 49, SECTION 8 REGARDING IMPACT FEES; PROVIDING FOR A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") has previously adopted water and sanitary sewer impact fees in accordance with Chapter 395 of the Texas Local Government Code ("Chapter 395"); and WHEREAS, the Council now desires to adopt roadway impact fees in two service areas within the City's corporate limits; and WHEREAS, the City's duly appointed Impact Advisory Committee reviewed the land use assumptions and capital improvements plan as relates to the roadway impact fees that are the subject of this ordinance and said committee provided its written comments on the proposed impact fees before the fifth day before the date of the public hearing on the imposition of the fees; and WHEREAS, the City has fully complied with Chapter 395 concerning the notice, adoption, promulgation and methodology necessary to adopt said land use assumptions and capital improvements plan in preparation for the adoption and imposition of roadway impact fees; and WHEREAS, on July 22, 2014, the Council held a duly noticed public hearing on the adoption said land use assumptions and capital improvements plan and adopted same with the passage of City of Anna Resolution No. 2014-07-04; and WHEREAS, on September 9, 2014, the Council held a duly noticed public hearing on the adoption of said roadway impact fees; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated; Statement of Purpose. The recitals above are incorporated herein as if set forth in full for all purposes. This Ordinance is intended to assure the provision of adequate public roadway facilities to serve new development in the City by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. Section 2. Land Use Assumptions. ORD. 671-2014 Road Impact Fees Page 1 of 5 09-23-14 The land use assumptions adopted with the passage of Resolution No. 2014-07-04 are approved as originally adopted by the Council and as shown in the attached Exhibit A, incorporated herein as if set forth in full. Section 3. Capital Improvemenia. The capital improvements plan for roadways adopted with the passage of Resolution No. 2014-07-04 are approved as originally adopted by the Council and as shown in the attached Exhibit B, incorporated herein as if set forth in full. Section 4. Maximum Roadway Impact Fee Established. In accordance with the land use assumptions and capital improvements plan for roadways, the Council hereby sets the maximum impact fee amount per service unit equivalent at $702.00 for service area 1. In accordance with the land use assumptions and capital improvements plan for roadways, the Council hereby sets the maximum impact fee amount per service unit equivalent at $616.50 for service area 2. Section 5. Roadway Impact Fee as Condition of Development Approval/Permit Issuance. No final plat for new development shall be released for filing with the appropriate county without assessment of an impact fee pursuant to this ordinance or a separate ordinance providing for such assessment. No building permit shall be issued for new development until the property owner has paid the impact fee imposed by and calculated herein or a contract for payment is approved by the City and executed by the parties. Section 6. Assessment of Roadway Impact Fees. (a) The Council shall determine the amounts to be assessed and collected in accordance with this ordinance; provided, however, that the amount of any roadway impact fee assessed or collected shall not exceed the maximum amounts established under Section 4 of this ordinance for service area 1 and service area 2, respectively. (b) For new development on land that is platted in accordance with Subchapter A, Chapter 212 of the Texas Local Government Code, the City shall assess the roadway impact fees before or at the time of recordation of a subdivision plat. Subject to the limitation on the amount as set forth in subsection (a), above, the amount of the roadway impact fees will be calculated and assessed pursuant to this ordinance or as modified by a future ordinance adopted by the Council. Unless and until modified by a future ordinance, the amount of the roadway impact fee that shall be assessed and collected are: (1) $ 702.00 per service unit equivalent for service area 1; and (2) $616.50 per service unit equivalent for service area 2. (c) For land on which new development occurs or is proposed to occur without platting, the City may assess the impact fees at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. ORD. 671-2014 Road Impact Fees Page 2 of 5 09-23-14 (d) Following initial assessment of the impact fee for a new development pursuant to this section, the amount of the impact fee per service unit for that development cannot be increased unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in which case the impact fee will be reassessed for increased service units at the impact fee amount as assessed at that time. (e) Following the lapse or expiration of a final plat covering any area of undeveloped property that has been approved or a final plat deemed approved due to the City's failure to act, a new assessment shall be performed at the time of new final plat approval in accordance with this ordinance, as amended. Section 7. Collection of Roadway Impact Fees. (a) The roadway impact fees due on new development shall be collected at the time of application for a building permit or, in the cases for which no plat is submitted to the City, at the time of application for building permit, utility connection or certificate of occupancy, whichever occurs first, unless an agreement binding the property owner and the City has been executed providing for a different time of payment. (b) At the time that roadway impact fees are due, the City shall compute the impact fees due for the new development in the following manner: (1) By multiplying the number of each type of service units generated by the amount of the roadway impact fee assessed or deemed to have been assessed by the City for the applicable service area. (2) The amount of each impact fee due shall be reduced by any allowable credits for roadway capital improvements in the manner provided by City regulations and state law. (c) Whenever a property owner proposes to increase the number of service units for a new development, the additional impact fees collected for such new service units shall be determined by using the amount of impact fee per service unit then in effect, and such additional fee shall be collected at the time of issuance of a new building permit. Section 8. Incorporation of Other Regulations. Except as set forth in this ordinance, the regulations applicable to roadway impact fees in The Anna City Code of Ordinances ("Anna Code"), Part II, Article 49, Section 8 shall apply. To the extent that this ordinance conflicts with said Section 8 of the Anna Code this ordinance shall govern. Section 9. Amendments to Anna Code. ORD. 671-2014 Road Impact Fees Page 3 of 6 09-23-14 (a) In accordance with Part 11, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending the title of Part 11, Article 49, Section 8, as follows: Section 8, Water and SanitaFY SeweF-Impact Fees on New Development (b) In accordance with Part 11, Article 1, Section 9 of the Anna Code, this ordinance amends Part 11 (General Ordinances) of the Anna Code by amending the definition of "Assessment" in Part II, Article 49, Section 8.02 (Definitions) as follows: Assessment means the determination of the amount of the impact fee that can be iced -collected on New Development pursuant to this section. (c) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending Part 11, Article 49, Section 8.04(a) and (b), and adding a new subsection (c) as follows: 8.04 Impact Fee Required (a) Water and sewer Impact Fees shall be assessed for New Development at the time Final Plats for single family residential are released for recordation and due and payable at the time a building permit is issued, or for land platted outside the corporate limits, at the time an application is filed for an individual meter connection to the water or wastewater system. Water and sewer Impact Fees for other than single family residential shall be assessed at any time and shall be due and payable prior to connection to the City's water or sanitary sewer. Irrigation meters in single family residential are additional Service Units and will be assessed and fees collected at time of connection to the City's water or sanitary sewer. Except as set forth in City of Anna Ordinance No. 671-2014, as amended, Roadway Impact Fees shall be assessed for New Development at the time Final Plats are released for recordation and due and payable at the time a building permit is issued. (b) Once an assessment has been made for New Development of a tract, additional Additional Impact Fees or increases in fees shall not be assessed unless the numbeF of SeWiGe Units to be developed en the traGt inGFea6es. difiere nr--e a an the number of SeNic-e-Un+ts unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of service units, in which case the impact fee will be reassessed for increased meter ORD. 671-2014 Road Impact Fees Page 4 of 6 09-23-14 size or additional meters or service units at the impact fee amount as assessed at that time. (c) Following the lapse or expiration of a final plat covering any area of undeveloped property that has been approved or a final plat deemed approved due to the City's failure to act, a new assessment shall be performed at the time of new final plat approval in accordance with this ordinance, as amended. (d) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part 11 (General Ordinances) of the Anna Code by amending Part II, Article 49, Section 8.05 by adding a new subsection (b) as follows: (b) Roadway Impact Fees shall be determined as set forth in City of Anna Ordinance No. 671-2014, as amended. (e) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends Part II (General Ordinances) of the Anna Code by amending Part 11, Article 49, Section 8.09 as follows: PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 231d day of September, 2014. ATTEST: ,t N a i kison, City Secretary ORD. 671-2014 Road Impact Fees 0 � A P e Page 5 of 5 09-23-14 EXHIBIT A ROADWAY, WATER,, AND WASTEWATER LAND U'SE ASSUMPTIONS January 2014 Advisory Committee Justin Burr — Chairman & Planning and Zoning Commissioner Sandy Setliff — Member from Real Estate Community & Planning and Zoning Commissioner Tiffany Burleson — Planning and Zoning Commissioner Elaine Gothard — Planning and Zoning Commissioner John Johnson — Planning and Zoning Commissioner Darrin Columbo — Planning and Zoning Commissioner Lee Miller — Planning and Zoning Commissioner Gary Billups — Member from Extraterritorial Jurisdiction Staff Philip Sanders — City Manager Kenny Jenks — Police Chief — Deputy City Manager Tim Gothard — Fire Chief Maurice Schwanke — Director of Planning and Development Rob Woods — Public Works Director Clayton Fulton — Finance Director Page 1 of 15 LAND USE ASSUMPTIONS FOR IMPACT FEES PURPOSE The purpose of this study is to analyze both existing and future land use, and to forecast growth trends for the City of Anna. This land use data provides a basis for determining and scheduling the capital improvements required to serve the existing and future population of the City of Anna. This study fulfills the requirements of Chapter 395 of the Texas Local Government Code which prescribes the process by which cities in Texas must formulate impact fees. The purpose of impact fees is to provide an equitable funding method for future capital improvement facilities for: water transmission, distribution, production and storage; wastewater collection, transmission and treatment, and thoroughfares to serve new developments in the City of Anna. These land use assumptions, which also include population, and basic, service, and retail land use projections, will become the basis for the preparation of impact fee capital improvement plans for water, wastewater, and roadway facilities. To assist the City of Anna in determining the need and timing of capital improvements to serve future development, a reasonable estimation of future growth is required. The purpose of this report is to formulate growth and development projections based upon assumptions pertaining to the type, location, quantity and timing of various future land uses within the community, and to establish and document the methodology used for preparing the growth and land use assumptions. ELEMENTS OF THE LAND USE ASSUMPTIONS REPORT This report contains the following components: I. Methodology -- Explanation of the general methodology used to prepare the land use assumptions. II. Data Collection Service Area Maps (Figures 1, and 2) -- Explanation of division of the City into impact fee service areas for roadway, water and wastewater facilities. III. Base Year Data -- Information on population, employment, and land use for Anna as of 2014 for each capital facility service area. IV. Ten -Year Growth Assumptions -- Population and employment growth assumptions for ten years by impact fee service areas. V. Summary -- Brief synopsis of the land use assumptions report. Page 2 of 15 I. METHODOLOGY Based upon the growth assumptions and the capital improvements needed to support growth, it is possible to develop an impact fee structure which fairly allocates improvement costs to growth areas in relationship to their impact upon the entire infrastructure system. The database and projections in this report have been formulated using reasonable and generally accepted planning principles. These land use assumptions and future growth projections take into consideration several factors influencing development patterns, including the following: • The character, type, density, and quantity of existing development • Existing zoning patterns • Anticipated future land use (as shown on the City's Future Land Use Plan) • Availability of land for future expansion • Current and historical growth trends within the City • Building permit activity trends • Basic, Retail, and Service land use absorption rates • Physical holding capacity of the City • Known or anticipated development projects Following is the general methodology used for the preparation of this report: Update impact fee service areas as necessary for roadway, water and wastewater facilities (see Section II -- Service Area Maps). 2. Collect/determine benchmark data on population, basic, retail and service land use as of 2014 (see Section III-- Base Year Data). Project population and basic, retail and service land use growth for ten years by impact fee service area (see Section IV -- Ten-Year Growth Assumptions). More detailed discussion for each of the above is contained within the respective sections. Page 3 of 15 11. SERVICE AREA MAPS Service Area Maps Figure 1, entitled "Roadway Impact Fee Service Area Structure", details the two (2) service areas for roadway facilities. Although the capital improvements plan and impact fees will be prepared as a separate document for roadway facilities, the geographic boundaries of the roadway service areas are shown as Figure 1. Figure 2 show the service areas for water and wastewater facilities. The boundary for water and wastewater facilities service area is the combination of the existing city limits and the extraterritorial jurisdiction. Documents containing the capital improvements plan for water and wastewater facilities will also be prepared separately. Data Format The existing data base, as well as the future projections, was formulated according to the following format and categories: Service Area Correlates to the proposed roadway, water and wastewater service areas identified on the attached maps. Housing Units (2014) All housing units including single-family, duplex, multi -family and group quarters. The number of existing housing units has been shown for the base year (January 1, 2014). Housing Units (2024) Projected housing units by service zone for January 2024 (ten-year growth projections). Population (2014) Existing population for the base year (January 2014). Population (2024) Projected population by service area for the year 2024 (ten-year growth projections). Employment (2014, 2024) Employment data is aggregated to three employment sectors and include: Basic, Retail and Service. The following details which North American Industry Classification (NAIC) codes fall within each of the three sectors. Basic (#210000 to #422999) -- Land use activities that produce goods and services such as those that are exported outside the local economy; manufacturing, construction, transportation, wholesale trade, warehousing and other industrial uses. Retail (#440000 to #454390) -- Land use activities which provide for the retail sale of goods that primarily serve households and whose location choice is oriented toward the household sector such as grocery stores, restaurants, etc. Service (#520000 to #928199) -- Land use activities which provide personal and professional services such as financial, insurance, government, and other professional and administrative offices. Page 4 of 15 III. BASE YEAR DATA This section documents the City's historical growth trends and data from the base year of January 1, 2014. This "benchmark" information provides a starting basis of data for the ten-year growth assumptions that will be presented within the following section. Population Growth The existing and past population levels for Anna are depicted in Table 1. As indicated, between 1940 and 2010 the population growth has been substantial, increasing from 509 persons in 1940 to 8,249 persons in 2010. The 2013 estimated population estimated the North Central Council of Governments is 9,360 persons, which represents a significant increase (13.5%) since the 2010 estimate. Currently, the total population is estimated to be 10,300 based on the housing count prepared in this report. This estimate uses an average household population of 3.15 and an occupancy rate of 94 percent. Additionally, within the City and the ETJ the population is estimated to be over 13,632 persons. TABLE 1 ANNA POPULATION GROWTH YEAR POPULATION 1940 509 1950 525 1960 639 1970 736 Y 1980 855 ' 1990 904 Y 2000 1,225 Y 2010 8,249 2013 9,360 ** 2014 10,300 Y** * Source: U.S. Census ** North Central Texas Council of Govermnents Population Estimates *** The January 2014 population estimate shown above was derived using data from this 2014 Land Use Assumptions Report. Source: City of Anna Existing Land Use In any evaluation and projection of future land use patterns, a documentation of existing conditions is essential. Documentation of existing land use patterns and population was made from the City's Comprehensive Plan as amended and used as a base line for future growth projections. Table 2 represents a summary of existing population and employment acreages for Anna and the associated water and wastewater planning areas. The appendices detail data by various impact fee service areas. Page 7 of 15 TABLE 2 ANNA EXISTING POPULATION & EMPLOYMENT-2014 BY AREAS Roadway Boundary - City Limits Housing Units 3,479 Population 10,300 Total Employment Acreage 101.6 Basic Employment Acreage 37.5 Retail Employment Acreage 44.7 Service Employment Acreage 19.4 Water Boundary — City Limits and ETJ Housing Units 4,604 Population 13,632 Waste Water Boundary— City Limits and ETJ Housing Units 4,604 Population 13,632 Source: City of Anna IV. TEN-YEAR GROWTH ASSUMPTIONS Growth is characterized in two forms: population (residential land use) and employment (nonresidential land use). A series of assumptions were made to arrive at reasonable growth rates for population and employment. The following assumptions have been made as a basis from which ten-year projections could be developed. _ Future land uses will occur as identified on the Future Land Use Plan adopted in 2010 with updates _ The City will be able to finance the necessary improvements to accommodate growth, _ School facilities will accommodate increases in population, and Densities will be as projected as detailed in the Comprehensive Plan. The ten-year projections, or land use assumptions, are based upon the establishment of a reasonable growth rate which is based upon past trends or other considerations. Given the impact on growth due to the economic fluctuations in the late 2000's, analysis of annual growth based on data from building permit data and U.S. Census was undertaken to provide further insight into growth trends experienced within the City. The single-family building permit activity since 2005 in Anna has fluctuated with time, going from 506 in 2005 to as low as 7 in 2009. Table 3 represents this fluctuation in growth and the data used to find the average number of permits over the nine-year period, of 232 building permits. Several different scenarios were produced to estimate the future population using a range of building permits from 200 to 300 and also percentage increases of 6, 7 and 9 as shown in Table 4. The scenario that best fits the last two years of building permits and the anticipated growth is the 7 percent therefore it was the growth rate used for this analysis. Page 8of15 TABLE 3 ANNA BUILDING PERMIT RECENT HISTORY Year Single Family Building Permits 2005 506 2006 346 2007 148 2008 77 2009 7 2010 26 2011 100 2012 351 2013* 300 Average 232 *Projected for Years End. SOURCE: Planning and Development Department TABLE 4 ANNA POPULATION PROJECTIONS Year 200 unit/ r 300 units/ r 5% after 2013 6% after 2013 7% after 2013 9% after 2013 2014 10,300 10,300 10,300 10,300 10,300 10,300 2015 10,900 11,200 10,815 10,918 11,021 11,227 2016 11,500 12,100 11,356 11,573 11,792 12,237 2017 12,100 13,000 11,924 12,267 12,618 13,339 2018 12,700 13,900 12,520 13,004 13,501 14,539 2019 13,300 14,800 13,146 13,784 14,446 15,848 2020 13,900 15,700 13,803 14,611 15,458 17,274 2021 14,500 16,600 14,493 15,487 16,540 18,829 2022 15,100 17,500 15,218 16,417 17,697 20,523 2023 15,700 18,400 15,979 17,402 18,936 22,371 2024 16,300 19,300 16,778 18,446 20,262 24,384 Source: City of Anna Page 9 of 15 FIGURE 3 ANNA POPULATION PROJECTIONS Source: City of Anna The development of ten-year housing estimates were calculated using the seven percent growth rate derived above. However the growth was not projected to occur evenly throughout the roadway service areas of the city. While growth will generally occur throughout the city, the current city staff provided knowledge of the key growth areas within the community. Many new developments are in the planning phases with preliminary plats being currently submitted. The following is a list of the major projects interests: • Lake View Preliminary Plat — 168 lots • West Crossing Phase 4 — Final Plat Construction Plans under review — 70 lots • Anna Crossing Phase IA & 1B Preliminary Plat —175 lots Anna Crossing Phase IA Construction Plans under review • Anna Crossing Phase 2A Construction Plans under review — 59 lots • Discussions on future phase of North Point Crossing — 498 lots • Discussions on Villages of Hurricane Creek— 1,008 lots • Discussions on Oak Ridge — 2,635 lots Page 10 of 15 Other conversations with developers are occurring regularly on other large land holdings. The ten-year population estimates were determined by growing service areas to represent current development patterns while also maintaining the 7 percent overall growth rate. The household growth figures are shown by roadway service area in Table 5. TABLE 5 ANNA PROJECTED GROWTH BY SERVICE AREA SERVICE AREA 2014 HOUSEHOLDS ANTICIPATED DEVELOPMENT PERMITS 2024 HOUSEHOLDS ANNUAL GROWTH RATE 2014-2024 A 123 595 718 19.29% B 68 320 388 19.02% C 1,704 625 2,329 3.17% D 1,193 525 1,718 3.71% E 522 650 1,172 8.42% F 321 175 496 4.45% G 184 535 719 14.60 % H 377 50 427 1.25% I 104 50 154 4.00% Total 4,596 3,525 8,121 5.86% Source: City of Anna TABLE 6 ANNA TEN-YEAR POPULATION PROJECTIONS 2014 2024 ROADWAY SERVICE TOTAL AREA HOUSING NEW PROJECTED UNITS POPULATION HOUSING HOUSING POPULATION UNITS UNITS 1 2,752 8,148 2,015 4,767 14,113 2 727 2,152 1,350 2,077 6,149 Total 3,479 10,300 3,365 6,844 20,262 Source: City of Anna Based on values in the Anna Comprehensive Plan the commercial land use which includes retail and service that Anna has is approximately 0.7 acres per 100 persons and the industrial (basic) category had 0.2 acres per 100 acres. The City has been underserved with retail/office space and the absorption rate is anticipated to be closer to 1.4 acres per hundred persons with 1.2 acres per hundred for retail and 0.2 acres for service. Basic land use per 100 persons is recommended to be .5 acres. It should also be mentioned that the location of the Page 11 of 15 basic, retail and service acreages are not distributed proportionately by area population but by zoning patterns and anticipated developments. TABLE 7 ANNA TEN-YEAR BASIC/RETAIL/SERVICE LAND USE PROJECTIONS ROADWAY SERVICE BASIC ACRES RETAIL ACRES SERVICE ACRES TOTAL ACRES AREA 2014 2024 2014 2024 2014 2024 2014 2024 1 30.8 57 42.6 190 12.3 27 85.7 274 2 6.7 44 2.1 53 7.1 14 15.9 111 TOTAL 37.5 101 44.7 243 19.4 41 101.6 385 Source: City of Anna V. SUMMARY • Anna presently contains approximately 15.01 square miles of land within the City limits and a total land area within the city limits and extraterritorial jurisdiction of 60.94 square miles. • The existing population of Anna is approximately 10,300 persons, and the existing estimated acreage of basic, retail and service is 101.6 acres within the City Limits. • An average annual growth rate of 7 percent was used to calculate the Anna's ten-year population growth projections. • The ten-year (2024) gto\vth projection of Anna is 20,262 persons, and the ten-year projected acreage of basic, retail and service land use is 385 acres. 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V 0 QJ �Oa �NO V lu Q O coJ . � +� Q ZN O 0U0 op W Z ONs_0 O fu OZ ICCN lu LLJ W cnpr Q W 0 C U = 2 V) N— H U-) 0 M r■, Q U rA LL c C O M � w 0 v Z Z CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES PART II, ARTICLE 49, SECTION 8 (WATER AND SANITARY SEWER IMPACT FEES); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR THE PUBLICATION OF THE CAPTION WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations governing water, sewer and other utility billing rates, payments, and related procedures, including provisions related to impact fees; and WHEREAS, the City of Anna, Tex and determined that it would be citizens to amend Part II, Article Sewer Impact Fees) of The An regard to refunds and local restric NOW, THEREFORE, BE IT OR ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. City Council ("the City Council") has investigated Ivantageous and beneficial to the City and its Public Works, Section 8 (Water and Sanitary City Code of Ordinances ("Anna Code") with ns; IED BY THE CITY COUNCIL OF THE CITY OF The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendments. In accordance with Part II, Article 1, Section 9 of the Anna Code, the following amendments are made to Section 8 Impact Fees on New Development, as follows: Section 8. Impact Fees on New Development 8.01 Purpose This section is adopted pursuant to the provisions of Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE, V.A.T.S., as amended, as well as under the authority of Article 11, Section 5 of the Texas Constitution, and applies to all new development within the corporate boundaries of the city and within its extraterritorial jurisdiction. This section implements a policy of the City to impose fees on each New Development project to pay the costs of constructing Capital Improvements and Facility Expansions necessary to serve New Development. The provisions of this Section 8 shall not be construed to limit CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 1 of 15 other city powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this article. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this Section 8. Impact Fees established by this section are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permitsor certificates of occupancy. Impact Fees are intended to be consistent with and to further the policies of the City's comprehensive plan, Capital Improvements Plan, Zoning Ordinance, Subdivision Ordinance, and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. (Ord. 2015, adopted - -15) 8.02 Definitions For purposes of this section, the following definitions apply: Advisory Committee (also referred to as Impact Fee Advisory Committee) means those appointed by the City Council to provide advice to the City Council regarding Impact Fees as required by the enabling legislation for this section. Assessment means the determination of the amount of the lmmpact Ffee that can be collected on New Development pursuant to this section. "Assessable," whether or not it is capitalized, means subject to Assessment. Calculations are based on the measure of impact on demand for City facilities, such as roadways and utilities, created by the New Development. Capital Improvementfsj means the following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of the City: (1) Water supply and distribution facilities; Wastewater collection facilities; and storm water, drainage, flood control facilities as they relate to the construction of Roadway Facilities; whether or not they are located within the Service Area; and (2) Roadway Facilities. Capital Improvements Plan means a plan that identifies Capital Improvements or Facility, Expansions for which Impact Fees may be assessed, as adopted by the City from time to time. City means the City of Anna, Collin County, Texas. Gr-e& means the arneunt of the redUGtien of an ffirnpaGt fee foF fees, payments er charges fOF Or Ge��QWn of the same type Of.��i fAmIit Credit(s) means: (1) When used in the context of determining the assessable Impact Fee per service unit, an amount equal to: CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 2 of 15 (a) That portion of ad valorem tax and utility service revenues generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the Capital Improvements Plan; or (b) In the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan; or (2) When used in the context of determining the offset for Capital Improvements or Facility Expansion, the amount of the reduction of an Impact Fee designed to fairly reflect the value of any construction of, contributions to, or dedications of Capital Improvements or Facility Expansions agreed to or required by the City as a condition of development approval, pursuant to rules herein established or pursuant to City Council -approved administrative quidelines by which value shall reduce Impact Fees otherwise due from the development and which credits are hereinafter ;referred to as an "offset" or "offsets" to reduce the possibility of confusion. Facility Expansions means the expansion of capacity of an existing facility(including but not limited to lengthening, widening, or rerouting a roadway) that serves the same function as an otherwise necessary new Capital Improvement, in order that the existing facility may serve New Development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. Final Plat Approval or Approval of Final Plat means the point at which the applicant has complied with all the conditions of approval and the plat has been approved by the City and released by the City for -recordation with the county clerk. Impact Feed means a charge or Assessment imposed against New Development in order to generate revenue for funding or recovering the costs of Capital Improvements or Facility Expansions necessitated by and attributable to New Development. The term includes amortized charges, lump sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. The term does not include: (1) Required dedications of land for public parks or payments made in lieu thereof; (2) Dedication of rights -of -way or easements, or the construction or dedication of On Site or Off -Site water distribution, Wastewater collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the New Development;' (3) Lot or acreage fees or pro-rata fees to be placed in trust funds for the purpose of reimbursing Developers for constructing or over -sizing water or sewer mains or lines; or (4) Other pro rata fees for reimbursement of water or sewer mains or lines extended by the City. Land Use Assumptions mean a description of the Service Area and projections of changes in land uses, densities, intensities, and population in the Service Area over at least a 10-year period which has been adopted by the City CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 3 of 15 and upon which the Capital Improvements Plan is based. New Development means the subdivision of land, the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of a structure; or any use or extension of the use of land; any of which increases the number of Service Units. Offsets) means the amount of the reduction of an Impact Fee designed to fairly reflect the value of any construction of, contributions to, or dedications of a system facility agreed to or required by the City as a condition of development approval, pursuant to rules herein established or pursuant to City Council -approved administrative guidelines, which value shall be credited against Impact fees otherwise due from the development for the same variety of Capital Improvement or System Expansion. Off -Site means located entirely on property which is not included within the bounds of the plat being considered for Impact Fee Assessment. On -Site means located at least partially on the plat which is being considered for Impact Fee Assessment. Roadway Facilities means arterial or collector streets or roads that have been designated on the City's officially adopted Thoroughfare Plan, together with all necessary appurtenances. The term includes the City's share of costs for roadways and associated improvements designated on the federal or Texas highway system, including local matching funds and costs related to utility line relocation and the establishment of Curbs, gutters, sidewalks, drainage appurtenances, and rights -of -way. The term includes but is not limited to interest in land, traffic lanes, curbs, gutters, intersection improvements, traffic control devices, turn lanes, drainage facilities associated with the roadway or street lighting. Service Area means: (1) for water supply treatment and distribution facilities, wastewater collection and treatment the entire area within the corporate limits of the City and its extraterritorial jurisdiction to be served by the Capital Improvements and facilities expansions specified in the Capital Improvements Plan; (2) for Roadway Facilities: each individual Service Area designated in the Capital; Improvements Plan served by the Roadway Facilities designated in the Capital Improvements Plan. The Service Area is limited to an area within the corporate boundaries and shall not exceed six miles. (3) for drainage facilities: the Service Area is limited to an area within the corporate boundaries and its extraterritorial jurisdiction, but shall not exceed the actual served by the storm water, drainage and flood control facilities designated in the Capital Improvements Plan but shall not extend across watershed boundaries. The boundaries of any Service Area may be amended from time to time pursuant to section 8.03(e) below. CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 4 of 16 Service Unit means for purposes of Impact Fee Assessment the applicable standard units of measure shown on the conversion table in the Capital Improvements Plan and Impact Ffee calculation which can be converted to equivalent single family residential PM peak hour average vehicle trip ends per acre for Roadway Facilities and 3/ inch water meter equivalents as the context indicates, which serves as the standardized unit of measure of consumption or discharge for water and wastewater facilities and based on historical data and trends during the previous 10 years. Sanitary Sewer Facility means an improvement for providing wastewater collection, including but not limited to, land or easements, lift stations, or interceptor mains. Sanitary Sewer Facility excludes lines or mains which are reimbursed from pro rata charges paid by Developers or owners of property in other subdivisions as a condition of connection to or use of such facility., The term "Sanitary Sewer" may also be referenced as "Wastewater" in this Section 8 and/or in Part IV Schedule of Fees Article 7 Section 13 as amended or recodified. Water Facility means an ' improvement for providing water supply, treatment and distribution services, including but not limited to, land or easements water treatment facilities, water supply facilities,, or water distribution lines. Water Facility excludes water lines or mains which are constructed by Developers the costs of which are reimbursed from prorate charges paid by Developers or owners of property in other subdivisions as a condition of connection to or use of such facility. (Ord. No. 476-2009, adopted 11'-10-09)(Ord. No. 671-2014, adopted 9-23-14 8.03 Advisory Committee (a) The Capital Improvements AdvisoryCommittee (Advisory Committee) shall consist of seven Persons selected by the City Council, including at least one representative of the real estate, development or building industry who is not an employee or official of a political subdivision or governmental entity. If any !impact Ffee is to be applied in the extraterritorial jurisdiction of the City, a representative from the area shall be appointed by the City Council (b) The Advisory Committee serves in an advisory capacity and is established to: (1) advise and assist the adoption of Land Use Assumptions, (2) review the Capital Improvements Plan and file written comments; (3) monitor and evaluate implementation of the Capital Improvements Plan; (4) file semi-annual reports with respect to the progress of the Capital Improvements Plan and report to the City Council any perceived inequities in implementing the plan or imposing the Impact Fees; and (5) advise the City staff and Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan and limpact Ffee. (c) All professional reports concerning the development and implementation of the Capital Improvements Plan shall be made available to the Advisory Committee. (d) The Advisory Committee shall elect a chairperson to preside at its meetings and a vice chairperson to serve in their absence. e) Periodic Updates Required. CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 5 of 15 {#} The Land Use Assumptions and Capital Improvements Plan shall be updated at least every five years, and updates may include but are not limited to modification of the boundaries of Service Areas. The currently effective Land Use Assumptions and Capital Improvements Plan are incorporated herein by reference and shall be automatically superseded by updated versions as each becomes effective, without further amendment of this Section 8. The City may review its Land Use Assumptions, Capital Improvements Plan, and other factors such as market conditions more frequently than as provided by this subsection to determine whether any update is appropriate and if any recalculation of Impact Fees is necessary, or whether any Impact Fee should be increased, decreased, or otherwise recalculated. (Ord. No. 476-2009, adopted 11-10-09) (Ord. No. = 2015, adopted ®--15) 8.04 Impact Fee Required; Exceptions (a) Water and sewer Impact Fees shall be assessed for New Development at the time of Approval of a Final Platisl for single family residential are released feF reGo rdAfic)n and are due and payable at the time a building permit is issued, or for land platted outside the corporate limits,at the time an application is filed for an individual meter connection to the water or wastewater system. Water and sewer Impact Fees for other than single family residential shall be assessed at any time and shall be due and payable prior to connection to the City's water or sanitary sewer. Irrigation meters in single family residential are additional Service Units and will be assessed and fees collected at time of connection to the City's water or sanitary sewer. Except as set forth in City of Anna Ordinance No. 671�-2014, as amended, Roadway Impact Fees shall be assessed for New Development at the time Final Plats are released for recordation and due and payable at the time a building permit is issued. No building permit shall be issued unless the applicant has paid all Impact Fees assessed and due; provided, however, that said prohibition on issuance of building permits shall not apply when deemed appropriate by the City and only to the extent provided for under a written development agreement. (b) Once an assessment has been made for New Development of a tract, additional Impact Fees or increases in fees shall not be assessed unless the approved final plat expires or lapses under applicable ordinances or law or the owner proposes to change the approved development by the submission of a new development application or application to increase the number of Sservice Uunits, in which case the Impact Ffee will be reassessed for increased meter size or additional meters or Sservice Uunits at the Impact Ffee amount as assessed at th-atthe time of said application. (c) Following the lapse or expiration of a final plat covering any area of undeveloped property that has been approved or a final plat deemed approved due to the City's failure to act, a new assessment shall be performed at the time of a new final plat approval in accordance with this ordinance, as amended. {�)() Except for Roadway Facilities, Impact Fees may be assessed but not collected for property where service is not available unless: CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 6 of 15 (1) The City commits to commence construction of necessary facilities identified in the Capital Improvements Plan within two years and have service available in five years; or (2) The City agrees in writing to permit the owner of the property to construct or finance the Capital Improvement or Facility Expansion and agrees that the costs incurred or funds advanced will either: (i) be credited against the Impact Fees otherwise due from New Development; or (ii) reimburse the owner for such costs from Impact Fees paid from other New Developments that will use such Capital Improvements of Facility Expansions,in which case fees shall be reimbursed to the owner at the time collected as other New Development plats are recorded; or (iii) the owner voluntarily requests that the City reserve capacity to serve future development and enters into a valid written agreement. (4) (e) The owner of property for which' there is a recorded plat may enter into an agreement with the City providing for the time and method of payment of Impact Fees, which agreement shall prevail over the provisions of this section. ,(Ord. No. 671-2014, adopted 9-23-14)(Ord. No. -2015, adopted - -15) 8.05 Calculation -and Assessment of Impact Fees (a) Impast-Fee&-for-water-and-saeitar-y-seater-wastewateFshall-be-determined-by n4ui i Rg-the-number-ef-SePise-Ui44-epWvalents-in-he-proposed-develsprnent-by the-amount-per-Service-Un4-epuivaient--due-by-mferr+ng--te-S-Ghedules-A-- WaterAgFastewater-E ivalensy-Table-and-SGhedule-B-lmpast-Fee bates a& -set -fed# +p Anna-Gede P-art-lV-,--Sshedule-of-Fees Article-�Sestien-44. The maximum Impact Fees for the water and wastewater facilities are calculated separately by dividing the cost of the Capital Improvements or Facility Expansions necessitated and attributable to New Development in the Service Area within the ten-year planning period ;by the number of Service Units anticipated to be added to the City within said tern -year period as set forth in more detail in the Capital Improvements Plan, which is incorporated into this Section 8 as if set forth in full for all purposes. The amounts of water and wastewater Impact Fees to be assessed and collected as to each size and type of water meter are as set forth in Schedule A - WaterMastewater Equivalency Table and Schedule B-Impact Fee Rates, as set forth in Anna Code, Part IV, Schedule of Fees, Article 7, Section 13, as amended or recodified. (b) Roadway Impact Fees shall be determined and assessed -as set forth in City of Anna Ordinance No. 671-2014, as amended. (c) Assessment of Water and Sanitary Sewer Impact Fees. In the event that a change in the plans for a New Development reduces the total number of Service Units and the City staff determines that there is a CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 7 of 15 corresponding reduction in that same New Development's impact on demand for services, the City will provide a proportionate credit or offset against Impact Fees assessed in that same New Development. Vacating a plat or submission of a replat shall require a new Assessment to be made using the Impact Fee amounts in effect at the time of Final Plat Approval. Approval of an amended plat pursuant to Texas Local Government Code § 212.016 or the City's subdivision ordinance will not require a new Assessment so long as the use of the property remains identical and there is no increase in the desired meter size or meter type, or other measure of Service Unit, for any use within that development. (d) Except as may be provided otherwise in this section, the assessment and collection of an Impact Fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment. (e) With the express approval of the City Council, the City may elect to pay all or any part of the Impact Fees due for a New Development taking into consideration the available Credits and Offsets. Criteria and guidelines relating to this subsection may be developed by City staff. (Ord. No. 476-2009, adopted 1 1-10-09) (Ord. 671-2014, adopted 9-23-14)(Ord. No. _- 2015, adopted _ 15) 8.06 Credits and Offsets (a) Any construction of, contributions to, or dedications of any facility appearing on the Capital Improvements Plan which is required by the Cityto be constructed by the owner as a condition of development shall be credited against the Impact Fees otherwise due from the development or may be claimed as an Offset to reduce Impact Fees which arise from future Assessment(s). Credit for Impact Fees due an owner in one category of Impact Fees may not be used to offset Impact Fees in another category. The City shall assign a reasonable value for any . Capital Improvement or System Facility, in either dollars or Service Units, which may be claimed as a Credit or Offset. (b) Subiect to Agreement. As an alternative to the fereg)�ngprovisions of this section, the City and owner may enter into an agreement providing that, in addition to the Credit and Offsets, owner will be reimbursed for all or a portion of the costs of such facilities from Impact Fees received from other New Developments that will use such Capital Improvements of Facility Expansions. (G) An owner shall be entitled te a Credit against any Gategery ef ImpaGt Fee provided in any written agreement between the City and the owner (d) No Credit fOr GenStFUGtion of any faGility shall eXGeed the total amount ef ImpaGt Fees due from the deyolepmenf for the some GategoFy of (c) Maximums. No Credit for construction of any Capital Improvement or Facility CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 8 of 15 Expansion shall exceed the total amount of Impact Fees due from the associated New Development for the same category of Improvements. No Credits or Offsets shall exceed the documented and City -approved costs to the developer of the Capital Improvement or Facility Expansion which was dedicated to and accepted by the City, or exceed the amount of a direct monetary contribution actually delivered to and accepted by the City. The costs used to calculate credits or offsets shall not exceed those assumed for the Capital Improvements included in the Capital Improvements Plan for.Impact Fees for the category of facilities within the Service Area for which the Impact Fee is imposed, unless otherwise provided for by agreement and a suitable amendment to the Capital Improvements Plan is first adopted. (d) Timing. The amount of Credit or Offsets available to an owner shall be calculated at the time that the facility or contribution has been accepted by the City. No Credit or Offset may be awarded unless the corresponding Capital Improvement or Facility Expansion is reflected in the Capital Improvements Plan effective at the time of the application. Deadlines established by this section may be extended, in the sole discretion of the City, to allow additional time for an appropriate amendment to the Capital Improvements Plan. (e) Expiration. Credits and Offsets created pursuant to this section as amended shall expire within ten years from the date the Credit or Offset was calculated pursuant to this section. (f) Application Required. The applicant seeking to claim any Credit or Offset applicable to the Impact Fees for New Development must submit a petition to the City either at the time of application for Final Plat Approval or at the time of connection(s) to the City utility system, whichever occurs first. The petition for, Credit(s) or Offset(s) shall be in the form required by City administration and shall specifically identify the Capital Improvement(s) and Facility Expansion(s)_ claimed as the basis for the claimed Credit(s) or Offset(s), and identify the development(s) for which the applicant seeks to apply whatever Credit(s) or Offset(s) that may be awarded. The Cityshall provide the applicant, in writing, with a decision on the request for Credits or Offsets, including the reasons for decision within ninety (90) days. If a, petition is incomplete, or if the amount of Credits or Offsets claimed in the petition cannot be determined with certainty until additional time has passed, that petition will be denied and the applicant must resubmit a new petition before any Credit or Offset will be awarded. (g) Redemption of Credits or Offsets. (1) A Credit or Offset may be redeemed at the time of issuance of the building permit or at the time of connection to the City's utility system, whichever occurs first. The City Council may determine with respect to each final plat it approves, on a case - by -case basis, whether such redemption, as relates to service units within that final plat, shall: (i) apply to the full amount of a category of Impact Fees that would otherwise be collected until the offset or credit for such category has been exhausted with Impact Fees becoming due thereafter being collected at the full amount assessed; or (ii) be accomplished by evenly reducing the amount of all Impact Fees within a category such that exhaustion of the credit or offset occurs as the result of a percentage reduction of all Impact Fees within such category. CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 9 of 15 (2) Any Credit(s), Offset(s), or any rights to reimbursement or refund relating to Impact Fees, including those established by an agreement employing or modifying any provisions of this section, shall terminate or be payable, as the case may require, on September 30 of the final year of any right to such Credit, Offset, reimbursement, or refund. Any payment(s) to a developer required hereunder accruing in any year shall be due on or before sixty (60) days after the end of the fiscal year, September 30. (3) Notwithstanding subsections (1) and (2), above, the City, at its sole discretion, may authorize alternative credit or offset agreements upon petition by the owner in accordance with guidelines promulgated by the City Council. (Ord. No. -2015, adopted _ _ 15) 8.07 Accounting for Fees and Interest (a) All Impact Fees collected shall be deposited by the City's Finance Department in interest -bearing accounts clearly :identifying the category of Capital Improvements or Facility Expansions within the corresponding Service Area for which the Impact F#ee is adopted. (b) Interest earned will be credited to the same account and is subject to the same restrictions on expenditures as the funds generating such interest. (c) Impact Fees and the interest earned thereon may be expended only for the purposes for which such fees were imposed as shown in the Capital Improvements Plan. The City Finance Department shall establish adequate financial and accounting controls to ensure that Impact Fees disbursed from each account are utilized solely for the purposes authorized by this section. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this section; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account. (d) The records of the accounts into which Impact Fees are deposited shall be open for public inspection and copying during ordinary business hours, The City may impose a fee for copying services in accordance with the Texas Public Information Act or other law or ordinance, as applicable. (Ord. No. 476-2009, adopted 11-10-09) (Ord. No._-2015, adopted__ 15) 8.08 Refunds (a) On the request of an owner of property on which an Impact Fee has been paid, Impact Fees shall be refunded if existing facilities are available and service is denied, or, if service was not available when the Impact Fee was collected and the City failed to commence construction of facilities required for service within two years of payment of the fee, or if service was not available when the Impact Fee was collected and construction is not complete within a reasonable time considering the type of Capital Improvements or Facility Expansion to be constructed, mat said CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 10 of 15 reasonable time not to exceed in any event mare than five years from date of payment of the fee. (b) Any Impact Fee funds not expended within 10 years after payment shall be refunded. An Impact Fee collected pursuant to this section shall be considered expended if the total expenditures for Capital Improvements or Facilities Expansion authorized by this section exceeds the total fees collected for such improvement expansions during such period. (c) If a refund is due pursuant to this section, the City shall prorate the same by dividing the difference between the amount of expenditures and the amount of the fees collected, by the total number of Service Units assumed within the Service Area for the period to determine the refund due per Service Unit. Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in Section 302.002 TEX. FIN. CODE or its successor statutes. (d) All refunds will be made to the owner of record at the time the refund is paid. If, however, the Impact Fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. (e) If the building permit for a New Development for which an Impact Fee has been paid has expired, and a modified or new application has not been filed within six months of said expiration, the City shall, upon written application, refund the amount of the Impact Fee to the applicant. The City may establish guidelines for refunding of Impact Fees collected for which construction plans have been abandoned. (f) Any entitlement to reimbursement of Impact Fees paid in accordance with this section shall expire no later than six months following completion of all development subject to the plat with which the Credit(s) or Offset(s) are associated. If a developer or owner does not submit a request for refund of Impact Fees during that six month Period, any right or entitlement to refund is waived and the funds are deemed dedicated to the City. (Ord. No. 502-2010, adopted 712712010) (Ord. No. s 2015, adopted _ --15) 8.09 Rse edUse of Proceeds of Impact Fee accounts (a) Impact Fees shall be accounted for on a "first in, first out" basis, such that expenditures made using account funds shall consume the oldest deposits before more recent deposits. This method of accounting shall not affect eligibility for a refund provided for by Section 8.08(a) above. (b) The Impact Fees for each Service Area pursuant to this section may be used to finance or recover the costs of any Capital Improvements or Facility Expansions identified in the applicable Capital Improvements Plan for Impact Fees for the Service Area, including the contract construction price, survey and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorneys fees, and expert witness fees), and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the Capital Improvements Plan for Impact Fees who is not an employee of the City. CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 11 of 15 Impact Fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes, or other obligations issued by or on behalf of the City to finance such Capital Improvements or Facility Expansions. (c) Impact Fees associated with roadways may be used to reimburse the reasonable coasts associated with construction of drainage improvements for streets in the same Service Area and included on the Capital Improvements Plan. (d) Impact Fees collected pursuant to this section shall not be used to pay for any of the following expenses: (1) Construction, acquisition, or expansion of capital improvements or assets other than those identified in the applicable Capital Improvements Plan for the Impact Fees at issue; (2) Repair, operation, or maintenance of existing or new Capital Improvements or Facility Expansions; (3) _Upgrading, expanding, or replacing existing Capital Improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (4) Upgrading, expanding, or replacing existing; Capital Improvements to provide better service for existing development; provided, however, that Impact Fees may be used to pay the cost of upgrading,=expanding, or replacing Capital Improvements in order to meet the need for increased capacity generated by the corresponding New Development; (5) Administrative and operating costs of the City. (e) The City may finance Capital Improvements or Facilities Expansions designated in the Capital Improvements Plan as relating to Impact Fees through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to use of Impact Fees. (Ord. No. 671-2014, adopted 9-23-14)(Ord. No. _-2015, adopted_---15) 8.10 Local Restrictions Under a duly adopted development agreement the City Council may, for the purpose of promoting economic development within the City, forgo its entitlement to collect some or all of the Impact Ffees that would otherwise become subject to collection under this Section 8. (Ord. No. 138-2004, adopted 412712004) (Ord. No. 476-2009, adopted 11-10-09) (Ord. No. 502-2010, adopted 712712010) 8.11 Appeals CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 12 of 15 (a) The property owner or applicant for development may appeal the following administrative decisions to the City Council: (1) The applicability of an Impact Fee to the development; (2) The amount of the Impact Fee assessed or due; (3) The availability of, the amount of, or the expiration of a Credit or Offset; (4) The application of a Credit or Offset against an Impact Fee due; (5) The amount of the Impact Fee in proportion to the benefit received by New Development; or (6) ,The amount of a refund believed to be due. (b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the .offset or credit was not calculated according to the applicable schedule of Impact Fees or the adopted guidelines for determining Credits and Offsets. (c) The appellant must file a notice of appeal with the City Secretary within 30 days following the decision serving as the basis for the appeal. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the Impact Fee due, other matters relating to the development application may proceed while the appeal is pending. 8.12 Agreements for Capital Improvements or Facility Expansions (a) An owner of a New Development may construct or finance a Capital Improvement or Facility Expansion designated in the Capital Improvements plan for Impact Fees, if required or authorized by the City, by entering into a facilities agreement with the City prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the City, and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to City standards and such other terms and conditions as deemed necessar ruby the City. The facility agreement shall provide for the method to be used to determine the amount of the offset to be given against Impact Fees due for the development. (b) In the event that the cost of any improvements constructed exceeds the Impact Fee to be collected for the New Development, the terms of any potential reimbursement shall be incorporated in the agreement required by subsection (a). Such reimbursement agreements shall take into account the proximity of the New Development to existing infrastructure and may require a repayment schedule which is based upon actual connections to the improvements constructed. Reimbursement agreements shall further be based on and made subject to the availability of city funds from all sources including current and protected Impact Fee fund accounts. CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 13 of 15 (c) All such agreements shall include clauses which are substantially equivalent to the following: (1) The determination of the amount of Credit, Offset, or other compensation due to a developer or owner in accordance with an agreement under this section, and all related calculations shall use the Service Unit values in effect at the time that the agreement was executed. (2) Any termination or reduction in the City's authority provided by state law to impose Impact Fees shall terminate or correspondingly reduce any obligation of the City to make payments under the agreement. (3) Any entitlement to reimbursement of Impact Fees paid in accordance with the agreement shall expire no later than six months following completion of all development subiect to the final plat with which the Credit(s) or Offset(s) are associated. ;If a developer. or owner does not provide written notification of a request for compensation relatinq to the agreement during that six month period, any right or entitlement to refund is waived and the corresponding funds are dedicated to the City. (4) Execution of any reimbursement agreement pursuant to this section shall automatically terminate any party's entitlement to a Credit, Offset, refund, or other compensation corresponding to the subject .development other than those expressly provided for therein. (5) Termination of any agreement entered into under this section, if it occurs prior to the full development of the subject property, shall automatically terminate any entitlement to Credit(s), Offset(s), or other compensation pursuant to that agreement. Thereafter, any and all New Development with the corresponding plat shall be subiect to Impact Fees in accordance with the fee schedule in effect as of the date of termination. 8.13 Relief Procedures. (a) Any person who has paid an Impact Fee or an owner of land upon which an Impact Fee has been paid may petition the City Council to determine whether any duty required by this division has not been performed within the time prescribed for its performance. The petition shall be in writing and shall describe with specificity the nature of the unperformed duty, all pertinent facts relating to the duty, and request that the act be performed within 60 days. If the `City Council determines that the duty is required pursuant to this ordinance and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and continue until completion. (b) Upon written request by a developer or owner of property subject to this section_ the City Council may grant a variance or waiver from any requirement of this section, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded in consideration of all applicable circumstances, result in confiscation of property. CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 14 of 15 (c) If the City Council grants a variance or waiver to the amount of the Impact Fee due for a New Development under this section, it may cause to be appropriated from other City funds the amount of the reduction in the Impact Fee to account for loss of funds to the Service Area in which the correlating property is located. (d) The City Engineer, or his designee, may make interpretations of this section concerning the required equivalencies or Service Units corresponding to a tract and may, through a signed writing describing the relevant calculations, reduce the amount of an Impact Fee to be assessed against a property. (Ord. No. -2015, adopted_- -15) Section 3. Any violation o unlawful or not shall be fined ii is considered a any of the terms of this ordinance, whether denominated in this ordinance as shall be deemed a misdemeanor. Any person convicted of any such violation an amount not to exceed $2,000 for each incidence of violation. Each violation ;eparate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any proviision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one=or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City `Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 9th day of June 201 ATTESTED: APPROVED: F; Mirenda McQuagge-Walden, Vike Crist, Mayor Acting City Secretary CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 15 of 15 CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING A NEW ASSESSMENT RATE FOR ROADWAY IMPACT FEES, AMENDING THE ANNA CITY CODE OF ORDINANCES PART II, ARTICLE 49, SECTION 8 (IMPACT FEES ON NEW DEVELOPMENT); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted provisions relating to the imposition of roadway impact fees on developments within the City; and WHEREAS, City adopted by ordinance maximum impact fees per service unit equivalents in two service areas, by its Ordinance No. 671-2014, being $702.00 (seven hundred and two dollars and zero cents) for service area 1 and $616.50 (six hundred and sixteen dollars and fifty cents) for service area 2; WHEREAS, by vote of its City Council on September 23, 2014, the City's initial assessment of roadway impact fees at a rate of $333.34 per service unit rounded to the nearest dollar for both service areas was substantially lower than the rate authorized by state law and justified by the City's adopted Capital Improvement Plan; and WHEREAS, in comparison to nearby communities, the City's roadway impact fees are substantially lower, allowing for some margin in increasing the City's roadway impact fees without substantial competitive disadvantage in competing for new development; and WHEREAS, the costs borne by current taxpaying residents of the City of Anna associated with new roadway improvements that primarily benefit and are necessitated by new development would be reduced if the City increased its roadway impact fees; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to adopt a new assessment rate for roadway impact fees and amend Part II, Article 49 Public Works, Section 8 (Impact Fees on New Development) of The Anna City Code of Ordinances ("Anna Code"); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: ORDINANCE N0J7Cp age 1 of 3 Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment to Assessment Rate of Roadway Impact Fees. The City hereby adopts the following assessment rates per service unit for the service areas listed below, to be rounded to the nearest dollar after calculating the total number of service units subject to the assessment, which shall replace the current assessment rate of $333.34 per service unit adopted on September 23, 2014: Service Area 1 (maximum $702.00) = $702.00 Service Area 2 (maximum $616.50) = $616.50 These assessment rates shall be effective on new development in the City in accordance with Anna Code and state law for any projects lacking rights which vested prior to the effective date of this ordinance. Section 3. Anna Code Amendments. In accordance with Part II, Article 1, Section 9 of the Anna Code, the following amendments are made to the Anna Code, Part II, Article 49, Section 8 (Impact Fees on New Development), as shown below, with any added language shown in underlined text (example and any deleted language shown in strikethrough text (example): Section 8. Impact Fees on New Development 8.05 Calculation and Assessment of Impact Fees (a) Impact Fees for water and sanitary sewer wastewater shall be determined by multiplying the number of Service Unit equivalents in the proposed development by the amount per Service Unit equivalent due by referring to Schedules A — Water/Wastewater Equivalency Table and Schedule B- Impact Fee Rates, as set forth in Anna Code, Part IV, Schedule of Fees, Article 7, Section 14. (b) Roadway Impact Fees shall be determined and assessed as set forth in City of Anna Ordinance No. 671-2014, as amended. (Ord. No. 671-2014, adopted 0912112014; Ord. No. 690-2015 (adopted 0610912015); see also Ord. No. -2018, adopted / /2018) CITY OF ANNA, TEXAS ORDINANCE NO 75�7 Page 2 of 3 Section 4. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 5. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 6. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 42$ day of 1 2018. ATTESTED: �, APPROVED: Carrie Smith, City Secretary MaRhan Pike, Mayor CITY OF ANNA, TEXAS ORDINANCE NO.15�, Page 3 of 3 MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP September 23, 2014 6:30 p.m. — Anna City Hall Administration Building 'he City Council of the City of Anna met in Workshop Session at 6:30 p.m., September 3, 2014 at the Anna City Hall Administration Building, located at 111 N. Powell arkway (Hwy 5), regarding the following items: Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and. Establishment of Quorum. Mayor Mike Crist and Council Member James T. Cook, Lauren Lovato, John Beazley, Chad Barnes, Nathan Bryan and Dick Dowd were present. 3. Briefing/Discussion regarding; East Fork Circle paving. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. 4. Briefing/Discussion regarding improvements to US 75. (City Manager) Philip Sanders, City Manager questions. 5. Briefing/Discussion regarding (City Manager) the item Philip Sanders, City Manager presented the item to questions. council and answered Council Member Barnes made the motion to enter closed Council Member Bryan seconded the motion. Motion passes. and AYE 7 NAY 0 ABSTAIN 0 plant. 7:05 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts 09-23-14 CC Workshop Meeting Minutes.doe 1 09-23-14 with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 4551.087 1; proposed residential and retail developments; The council further re time throughout any dL the Open Meetings Act. Council Member Bryan made the me Council Member Lovato seconded the onnel matters: City Secretary Annual Manager Annual Review; Boards and nter into executive session at any under any applicable exception to Consider/Discuss/Action on any items listed of 23 2014 City of Anna City Council Regular T occurring during this Workshop, as necessary. Council Member Barnes made the motion to take no Dowd seconded the motion. Motion passes. session at 7:28 pm. Council Member Barnes made the motion to adjourn at 7:29 pm. Council Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 09-23-14 CC Workshop Meeting Minutes.doc 2 09-23-14 ATTEST: APPROVED: Wil ison, City Secretary Mike Crist, Mayor 09-23-14 CC Workshop Meeting Minutes.doc 3 09-23-14 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING September 23, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., September 23, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance, If you wish to speak on an open -session agenda item please fill out the Qpinio lSpeaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to meeting to order at 7:30 pm. 2. Invocation and Mayor Mike Crist gave 3. Citizen comments. Citizens are alb unable to respond to or discuss an section that are not on the agenda, factual information in response to policy in response to the inquiry. No Citizen comments. minutes to speak. The Council is r that are brought up during this ,an to make statements of specific en's inquiry or to recite existing 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, information regarding Holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen 'after the posting of the agenda. October 7, 2014 is National Night Out 6:00 to 8:00 pm. Reminder of a Special Workshop Meeting September 30, 2014 regarding The Villages of Hurricane Creek. 09-23-14 CC Regular Meeting Minutes.doc 1 09-23-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve September 2, 2014 City Council Special Minutes. b. Approve September 9, 2014 City Council Regular Minutes. c. Approve Resolution regarding "Glowfest" Special Permit.(Maurice Schwanke) d. Approve Resolution regarding Disc Golf Tournament Event Permit. (Maurice Schwanke) e. Approving a Resolution regarding Annual Sponsorshil Greater Anna Chamber of Commerce and Anna Eci Development Corporation.(Jessica Perkins) Council Member seconded the mot Public Hearing: For C creation of a Public Ii Creek. (City Attorney) regarding Annual Sponsorship with of Commerce and Anna Community i)n.(Jessica Perkins) regarding amendments to the Anna Corporations bylaws. (Jessica Perkins) regarding amendments to the Anna it Corporation bylaws. (Jessica Perkins) the motion to approve. Council Member Bryan City Attorney, Clark McCoy presented the item t questions. Mayor Crist opened the public hearing a public comment. Council Member Cook made the public hearing and continue on October 14, 2014 at 7 Bryan seconded the motion. Motion passes. regarding the of Hurricane (a) Public Hearing: For City Council to hear public comment "SASM" Investment Addition" Final Plat. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the itej to council and answered questions. Mayor Crist opened the public hearing at 7:38 pm. There was no public comment. Mayor Crist closed the public hearing at 7:3 8 pm. (b) Consider/Discuss/Action regarding "SASM" Investment Addition" Final Plat. (Maurice Schwanke) 09-23-14 CC Regular Meeting Minutes.doc 2 09-23-14 Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding an Ordinance adopting Road Impact Fees. (Maurice Schwanke) Eturice Schwanke, Director of Planning and Development presented the item council and answered questions. Council Member Bryan made the motion approve establishing the maximum rate for each service area and adopt the ,essment rate of $333.34 per service unit rounded to the nearest dollar for th service areas. Service area 1: $702.00 and service area 2: $616.50. wuncil Member Barnes seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement for Child Abuse Investigation Services Law Enforcement Police Chief Jenks presented the item to council and answered questions. Mayor Crist made the motion to approve striking Section 7.01 Civil Liability. Council Member Lovato seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a Resolution approving a pay classification plan. (City Manager) Philip Sander, City Manager presented the item: to council and answerec questions. Council Member Cook made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 Council did not enter closed session at this time. 11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Cod 551, the City Council may enter into closed session to discuss listed or referenced on this agenda under the following exceptio a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 55� 1.071); 09-23-14 CC Regular Meeting Minutes.doc 3 09-23-14 b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect