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
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20180116000058800
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12983 COUNTY ROAD 426, LLC
INSTRUMENT NO. 20180703000828690
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INSTRUMENT NO. 96-0084787
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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
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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
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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
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�• 20060420000530500
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JEFFREY JONES, ET AL
20180828001083060
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20180828001083060 ,-. P . 0. B. TR. 4
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-- -' -- 20180529000645330
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ACCESS ESMT. SEE DETAIL
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23.879 ACRES
JEFFREY JONES, ET AL
20180828001083060
G.W. DANIELSURVEY, A --- 8
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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
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M.R.C.C.T. M.R.C.C.T. I y I M.R.C.C.T. (VoliP. Pg. 405) j
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_ 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_.. !
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a 3 3.300 SF Elevation = 6a8.90' .'� w
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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
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(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:
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WESTGATE COURTWESTFIELD DRIVE BAMBOO DRIVEWILLOW CREEK ALDER DRIVE SEQUOIA DRIVEDOGWOOD DRIVEMIMOSA DRIVE
INTERURBAN STREET
RIGGINS STREET
POWELL PARKW
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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.
Page 12 of 15
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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.
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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)
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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