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HomeMy WebLinkAbout2020-02-25 Work Session & Regular Meeting PacketTHE CITY OF knna AGENDA City Council Work Session Tuesday, February 25, 2020 @ 6:30 PM 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 February 25, 2020, 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. 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). Personnel Policies, design and construction contracts, Incentive Agreement, Contracts for public services, Development Agreement, State Law 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 Commission Members 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 4. 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. Land, 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 February 21, 2020. Carrie L. Land, 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. AGENDA THE CITY OF Regular City Council Meeting Anna Tuesday, February 25, 2020 @ 7:30 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 Regular Session at 7:30 PM, on February 25, 2020, 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. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. March Proclamation - Brain Injury Awareness Month b. The Director of Public Works will provide the City Council with an update on the department. (Director of Public Works Greg Peters, P.E.) C. Staff and consultant to present the City Council with an update and findings related to the utility rate study being conducted. (Director of Public Works Greg Peters, P.E.) 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 Council Meeting Minutes for February 11, 2020. (City Secretary Carrie Land) b. Review CDC/EDC Joint Meeting Minutes from the November 7, 2019 Meeting (Joey Grisham) c. Review CDC/EDC Joint Meeting Minutes from the December 5, 2019 Meeting (Economic Development Director Joey Grisham) d. Review CDC/EDC Joint Meeting Minutes from the January 15, 2020 Meeting (Economic Development Director Joey Grisham) e. Approve a Resolution approving the Development Plat for Sugar Hill RV Ranch. (Director of Development Services Ross Altobelli) f. Approve a Resolution entering into a development agreement with Swaccha, LLC to establish development and design regulations for further development located on 4.5± acres on the east side of S. Powell Parkway (S.H. 5), 681± feet north of Cunningham Boulevard. (Director of Development Services Ross Altobelli). g. Approve an Ordinance amending the contractor registration fee requirements for master plumbers, plumbing contractors, and electricians. (Director of Development Services Ross Altobelli). h. Approve a Resolution approving the Renewal of an I nterlocal Cooperation Contract with the Department of Public Safety (Finance Director Dana Thornhill) Review the Quarterly Investment Report for the Period Ending December 31, 2019. (Finance Director Dana Thornhill) 6. Consider/Discuss/Action on a Resolution to approve a contract for the purchase of a reserve Fire Engine, to include additional funding for equipment. (Fire Chief Ray Isom) 7. Consider/Discuss/Action on a Resolution approving funding for the purchase of a Brush Truck as part of a cost -share reimbursement grant awarded by the Texas Forest Service (Fire Chief Ray Isom) 8. Consider/Discuss/Action on a Resolution approving an Incentive Agreement for New Economic Development between the City of Anna and Waypoint Land and Capital, LLC (Economic Development Director Joey Grisham). 9. a. Conduct a public hearing to consider public comments on the request to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and County Road 455 in order to allow the additional land use of multiple -family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. (Applicant: Nathan McCartney) b. Consider/Discuss/Action on an Ordinance approving the request to amend the zoning of Ordinance-765-2018 to allow for the additional land use of multiple -family residence with modified development standards. (Director of Development Services Ross Altobelli) c. Consider/Discuss/Action on a Resolution regarding the Concept Plan, MR HiPoint, Block A, Lots 1 & 2, associated with the rezoning request. (Director of Development Services Ross Altobelli) 10. a. Conduct a public hearing to consider public comments to rezone 4.3± acres located on the west side of South Powell Parkway (State Highway 5), 1,090± feet south of West White Street (Farm to Market Road 455) from Single -Family Residential - Large Lot (SF-E) to Restricted Commercial (C- 1). (Applicant: Patrick Filson, P.E.) b. Consider/Discuss/Action on an Ordinance approving the request to rezone 4.5± acres from SF-E to C-1. (Director of Development Services Ross Altobelli) c. Consider/Discussion/Action on a Resolution approving the Concept Plan, Buzz Center Addition, Block A, Lot 1 associated with the rezoning request. (Director of Development Services Ross Altobelli) 11. Consider/Discuss/Action on a Resolution approving the Preliminary Plat Buzz Center Addition, Block A, Lot 1. (Director of Development Services Ross Altobelli) 12. Consider/Discuss/Act on the appointment of members to the Boards Interview Committee. (City Secretary Carrie Land) 13. 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). Personnel Policies, design and construction contracts, Incentive Agreement, Contracts for public services, Development Agreement, State Law 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 Commission Members 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. 14. 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). 15. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that 1, Carrie L. Land, 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 February 21, 2020 Carrie L. Land 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 Anna AGENDA ITEM: March Proclamation - Brain Injury Awareness Month SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proclamation Item No. 4.a. City Council Agenda Staff Report Meeting Date: 2/25/2020 Upload Date Type 2/20/2020 Presentation Citp of Anna, Eexa5 Prodamatt"On BRAIN INJURY AWARENESS MONTH March 2020 WHEREAS, acquired brain injury is often overlooked and underfunded, and affects thousands of Texans each year; and WHEREAS, a traumatic brain injury (TBI) is caused by a bump, blow, or jolt to, or penetration of, the head that disrupts the normal function of the brain; and WHEREAS, roughly half a million Texans are currently living with a disability from a TBI and WHEREAS, falls are a leading cause of brain -related injuries; they can also be the result of motor vehicle crashes, assaults, sports -related injuries, occupational -related injuries, or opioid overdoses. WHEREAS, 30 percent of sports -related injuries happen among youth five and 19 years of age, and, because the signs of brain injury are not always well recognized, youth may put themselves at risk for another injury and potentially fatal second -impact syndrome; and WHEREAS, an estimated 3.8 million mild traumatic brain injuries, often called concussions, occur in the United States per year during competitive sports and recreational activities; and WHEREAS, as many as 50 percent of mild traumatic brain injuries go unreported or undetected; and WHEREAS, a stroke is also considered an acquired brain injury and an estimated 795,000 Americans suffer a stoke each year. WHEREAS, an injury that happens in an instant can bring a lifetime of physical, cognitive, and behavioral challenges; and WHEREAS, early and adequate intervention, especially cognitive rehabilitation, will greatly increase the quality of life and enable individuals with brain injury to return to home, school, work, or their communities; and WHEREAS, March has been designated as National Brain Injury Awareness Month to promote awareness of the extent, consequences, causes, treatments, and prevention of acquired brain injuries; and WHEREAS, the Brain Injury Association of America and Brain Injury Association of Texas are dedicated to Changing Minds about Brain Injury; NOW, I Nate Pike, Mayor of the City of Anna, do recognize March 2020 as BRAIN INJURY AWARENESS MONTH 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. 67n witness, where f 67 have hereunto set mp hand this 2Sth dad of (::9c-huaT 2020 and called this seal to he a 9mi Nate Pike, Mayor THE CITY OF Anna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 2/25/2020 The Director of Public Works will provide the City Council with an update on the department. (Director of Public Works Greg Peters, P.E.) SUMMARY: The Public Works Department includes 4 divisions: Water, Wastewater, Streets, and Construction & Engineering. These four divisions are responsible for the operation, maintenance, planning, and inspection of public infrastructure in the City of Anna. The Department has also assumed the responsibility of Fleet and Facilities for the City as this effort centralizes these functional areas and efforts under one central authority. The director will provide a brief overview of the department's successes, areas of focus, current projects, and future key items. This addresses the Strategic Goal to provide a "High Performing Professional City" meeting the objective to "Have an open and transparent City Government that is trusted by the neighbors." providing value to neighbors by "Trust and confidence in City Government that acts in a highly ethical manner." None. Staff is providing an update for the City Council and will be available to answer any questions resulting from the presentation. THE CITY OF Anna AGENDA ITEM: Item No. 4.c. City Council Agenda Staff Report Meeting Date: 2/25/2020 Staff and consultant to present the City Council with an update and findings related to the utility rate study being conducted. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna has contracted with NewGen Strategies to conduct a study of the city's water and sewer rates, and to determine necessary changes to the rate structure in response to increased costs for purchasing water through the Collin Grayson Municipal Alliance from North Texas Municipal Water District and increased costs for transporting and treating wastewater from North Texas Municipal Water District and the City of Melissa. Over the past 5-years, the City has held water and sewer rates flat, while purchase and treatment costs have risen up to 10% or more each year. While this has been beneficial for the businesses and families of our community, the Utility Fund has reached a point where it is no longer solvent. Staff and NewGen will give a presentation showing the findings of the study and draft recommendations for the City Council to discuss. Staff plans to return to the City Council in March with final rates to be approved by the City Council. This addresses the Strategic Goal to provide a "High Performing Professional City" meeting the principle to be "Financially Responsible" by "Having adequate funding and resources for defined City services and service levels." STAFF RECOMMENDATION: None at this time. The item is for discussion and feedback. THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/25/2020 Approve Council Meeting Minutes for February 11, 2020. (City Secretary Carrie Land) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Regular Session 2/19/2020 Staff Report ANNACITYCOUNCIL MINUTES REGULAR SESSION February 11, 2020 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:09 PM. All Members were present. 2. Invocation and Pledge of Allegiance. Council Member Beazley led the invocation and Mayor Pike led the Pledge. 3. Citizen Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. No comments. 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. Second Annual State of the City presented by Mayor Nate Pike. Mayor Pike presented the Second Annual State of the City. Mayor Pike recessed the meeting at 7:00 PM. Mayor Pike reconvened the meeting at 7:15 PM. 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. Item 5. c. was removed from consent. a. Approve City Council Meeting Minutes for January 28, 2020 meeting. (City Secretary Carrie L. Land) b. Review minutes of the January 6, 2020 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) c. Review Boards and Commission Attendance records. (City Manager Jim Proce) MOTION: Mayor Pike moved to take no action. Council Member Bryan seconded. Motion carried 6-0. d. Approve an Ordinance Calling and Ordering a General Election on May 2, 2020. (City Secretary Carrie Land) In accordance with Secs. 3.004, 3.006, 85.004, and 85.007, Texas Election Code, the Mayor and City Council are to authorize the election not later than February 14, 2020. This ordinance calls and gives notice of the May general and special election and approves a contract for election services with Collin County Elections Administrator and an agreement with other entities in the county for a joint election. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY2, 2020 FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS AND A SPECIAL ELECTION TO ELECT ONE (1) CITY COUNCIL MEMBER TO FILL AN UNEXPIRED TERM OF OFFICE; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. e. Approve a Resolution approving the Development Plat for Enox RV Addition, Block A, Lots 1 and 2. (Director of Development Services Ross Altobelli) RV storage and parking on two tracts on 23.9± acres located on north side of CR 419, 1,759± ft south of La Paloma Dr. The tracts of land are located within the City of Anna extra territorial jurisdiction (ETJ). 1.1 A RESOLUTION OF THE CITY OF ENOX RV ADDITION, BLOCK A, PLAT ANNA, TEXAS APPROVING THE LOTS 1 AND 2, DEVELOPMENT f. Approve a Resolution approving the Final Plat for Avery Pointe Phase 6. (Director of Development Services Ross Altobelli) 56 SF-72 Single -Family Residence lots and three HOA lots on 17.5± acres located at the southwest corner of Ferguson Parkway and Hackberry Drive. Zoned Planned Development-673-2014. (Director of Development Services Ross Altobelli) The purpose for the final plat is to dedicate easements and lot and block boundaries necessary for the development of the property as a single-family dwelling, detached subdivision. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FI NAL PLAT OF AVERY POI NTE PHASE 6. MOTI ON: Council Member Toten moved to approve consent items 5. a, b d, e and f. Council Member Bryan seconded. Motion carried 6-0. 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). Personnel Policies, design and construction contracts, Incentive Agreement, Contracts for public 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 Commission Members MOTION: Council Member Beazley moved to enter closed session. Council Member Miller seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 7:19 PM. Mayor Pike reconvened the meeting at 8:43 PM. 7. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 8. Adjourn. Mayor Pike adjourned the meeting at 8:43 PM. Approved on the February 25, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 2/25/2020 Review CDC/EDC Joint Meeting Minutes from the November 7, 2019 Meeting (Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type November 7, 2019 CDC/EDC Meeting Minutes 2/12/2020 Staff Report Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary manna Ali'n O *CDC *EDC Anna Community Development Corporation and Anna Economic Development Corporation Meeting Minutes Thursday, November 7, 2019 at 6:00 pm Inc -Cube Building, Conference Room 312 N. Powell Parkway, Anna, Texas 75409 CDC and EDC Board Members Present: Anthony Richardson, Bruce Norwood, Rocio Gonzalez, Raul Hernandez, Michelle Hawkins, Doris Pierce. Others present: Joey Grisham (Economic Development Director), Taylor Lough (Economic Development Manager), Clark McCoy (CDC/EDC Legal Counsel), Lee Miller (City Council Member). I. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:02 p.m. 2. Invocation and Pledge. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on approving minutes from the October 3, 2019 CDC and EDC Meeting. Bruce Norwood made a motion on behalf of the Community Development Corporation and Economic Development Corporation to approve the minutes from the October 3, 2019 CDC and EDC Meeting. Michelle Hawkins seconded the motion. All were favor Motion passed. 5, Consider/Discuss/Act on a resolution authorizing an expenditure of funds for marketing the City of Anna through BISNOW. Joey Grisham explained BISNOW is a company that focuses on commercial real estate and provides multiple forums, events, and digital marketing opportunities. Several EDCs and Cities in the DFW region work with BISNOW including McKinney, Allen, Frisco, The Colony, Sachse, Prosper, Dallas, Burleson, and others. Event sponsorships include being able to have a booth presence, logo placed on all marketing materials, and ability to hand items out. There are two events focused on the 121 and 380 corridors that make sense for Anna. BISNOW also offers a custom content piece that targets certain segments and allows you to track performance and who is reading. This tool would allow for us to continue our goal Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary of marketing Anna on a wider scale. Custom content would allow Anna to share information with a specific geographical area such as the Dallas -Fort Worth Metroplex, Houston, California, etc. Data will be collected on who opens the article, when, and where. Content creation and implementation will take 45-60 days. Joey Grisham added that there will be an opportunity for board members to attend the events. Anthony Richardson made a motion on behalf of the Community Development Corporation to approve a Resolution authorizing the Economic Development Director to execute an agreement with BISNO W for marketing and promotional media for economic development purposes subject to legal approval of final form and to charge the CDC's promotional line item an amount not to exceed $12,000 in the FY 2019-2020 budget. Bruce Norwood seconded the motion. All were in favor. The motion passed. 6. Director's Report A. Bylaws Update City Council adopted the updated Bylaws that were approved the CDC/EDC Boards. B. Newsletter The first newsletter was created and sent in October. The first month was focused on making an introduction to Anna neighbors about the CDC and EDC. C. Downtown Master Plan The Board adopted $60,000 for a Downtown Master Plan in the current budget. The Downtown Master Plan was sent as a request for qualifications along with the City Comprehensive Plan and Parks and Trails System Master Plan. Submissions are due in mid -December and the plans will likely kick-off in January. Feedback will be critical during the process. D. Business appreciation event update Next Thursday, November 1411 is the Business Appreciation Luncheon in conjunction with the Hurricane Creek Rotary Club. Joey Grisham will provide an update and certificates of appreciation will be given to Anna Businesses in attendance. E. December and January Meeting Dates The next regularly scheduled meeting is Thursday, December 5. The first Thursday in January is the 211 and the following Thursday is during the ICSC. As such, a January special called meeting will be tentatively scheduled for Thursday, January 16. F. ICSC Red River States Conference & Deal Making Joey Grisham stated that the event is January 8-10 in Fort Worth and asked if any Board members wanted to attend. Anthony Richardson, Michelle Hawkins, Bruce Norwood, and Doris Pierce expressed interest. G. Inc -Cube Update Bids were received for the renovation. The lowest bid was received by Hangartner Construction at $108,938.51. Work is planned to begin the first week of December. H. Harvest Fest Staff had a booth with the Public Works Department and handed out frisbees and bags with the EDC logo and answered questions. The event had 125 vendors and about 120 volunteers. 7. Hold an Economic Development Strategic Plan Workshop Joey Grisham explained that the City's Strategic Plan included an item to create an Economic Development Strategic Plan. Joey Grisham introduced Jason Claunch who Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary began by asking board members to share what their mission and vision was for the EDC and CDC. Members discussed the current and future strengths and opportunities for the City of Anna. Jason Claunch shared that now is the time to protect your assets, especially the corridors, which will be your brand. Jason Claunch led the Board in discussing the city's strengths, weaknesses, opportunities, and threats. Strengths included available land, the railroad, the commitment of city officials, in the path of growth north in Collin County, accessibility with several highways. Weaknesses stated included a lack of identity, geographic boundaries, staffing, budget, lack of understanding of what the CDC and EDC do and how economic development is funded, business retention, lack of incentive policy. Board members were asked to send notes and comments to Taylor Lough for collection. Joey Grisham noted that Jason will be returning for the next few meetings to discuss the plan. 8. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; B. Consult with legal counsel 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); Discuss contract concerning Revolving Loan Fund; promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board 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) Anna Business Park Property; potential retail and medical projects. Rocio Gonzalez made a motion for the Community Development Corporation at 8:59 pm to enter closed session. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 9. Reconvene into open session and take any action on closed session items. Rocio Gonzalez made a motion to reconvene into open session at 9:09 p.m. Anthony Richardson seconded the motion. All were in favor. Motion passed. No action was taken. 10. Adjourn. Bruce Norwood made a motion to adjourn the meeting at 9,09 pm. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. Officers: Anthony Richardson, President Stan Garver, Vice -President Rocio Gonzalez, Secretary APPROVED l i Anthony Richardson President of CDCIEDC Staff: Joey Grisham, Economic Development Director Taylor Lough, Economic Development Manager ATTESTED: f fG�'U Rocio Gonzalez Secretary of CDCIEDC THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 2/25/2020 Review CDC/EDC Joint Meeting Minutes from the December 5, 2019 Meeting (Economic Development Director Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type December 5, 2019 Joint Meeting Minutes 2/12/2020 Staff Report Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Arina Ariria '4�7_ *CDC *ACC Anna Community Development Corporation and Anna Economic Development Corporation Meeting Minutes Thursday, December 5, 2019 at 6:00 pm Anna City Half, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 CDC and EDC Board Members Present: Anthony Richardson, Raul Hernandez, Michelle Hawkins, Stan Carver, and Doris Pierce. Others present: Joey Grisham (Economic Development Director), Clark McCoy (CDC/EDC Legal Counsel), Lee Miller (City Council Member). Board Members Absent: Rocio Gonzalez and Bruce Norwood. 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:04 p.m_ 2. Invocation and Pledge. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on approving minutes from the November 7, 2019 CDC and EDC Meeting. Stan Carver made a motion on behalf of the Community Development Corporation and Economic Development Corporation to approve the minutes from the November 7, 2019 CDC and EDC Meeting. Anthony Richardson seconded the motion. All were favor Motion passed. 5. ConsiderlDiscusslAct on accepting the resignation of Raul Hernandez from the CDC Board. Raul Hernandez stated that he is moving outside the City of Anna and was no longer eligible to serve on the Board. Stan Carver made a motion to combine agenda items #5 and #6 and accept the resignation from Raul Hernandez from the CDC and EDC Boards. Michelle Hawkins seconded the motion. All were in favor with Raul Hernandez abstaining. Motion passed. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary 6. Consider/Discuss/Act on accepting the resignation of Raul Hernandez from the EDC Board. See previous item. 7. Director's Report A. Report on current corporate financial status --Discussion only Joey Grisham stated that the Finance staff was dealing with the audit and that updated financial reports would be on the January 2020 Meeting agenda. B. Weitzman Event —January 7, 2020 Joey Grisham updated the Board on this event that will take place on January 7, 2020. Board President Anthony Richardson said that he was interested in attending. C. ICSC Red River States Joey Grisham reminded the Board of the upcoming ICSC Red River States Conference from January 5-10, 2020 in Fort Worth. He stated that he will be sending out more information over the coming weeks. D. Business Appreciation Lunch Joey Grisham said that the Business Appreciation Event was a big success, and thanked the Board Members that were able to attend. S. Hold an Economic Development Strategic Plan Workshop Jason Claunch continued the economic development strategic planning discussion by going back over the conversations from the initial kickoff meeting. First, he went back over the vision and mission statements to make sure he captured the Board's ideas. Next, he asked the Board to identify its top goals for the EDC and CDC and its core values. After some additional conversation, Jason stated that the Board would pick up again at the January meeting to fine tune the goals, objectives, tactics, and metrics. 9. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; B. Consult with legal counsel 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); Discuss contract concerning Revolving Loan Fund; promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board 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) Anna Business Park Property; potential retail and medical projects. The Board did not enter into closed session. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary 10. Reconvene into open session and take any action on closed session items. The Board did not enter into closed session. 11. Receive reports from staff or Board Members 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. Upcoming/Current Events: • Christmas Tree Lighting, Dec. 7 from 5-8 pm at Sherley Heritage Park • Christmas Parade, Dec. 14 from 10 am-2 pm in Downtown Anna • Natural Springs Paw Park Grand Opening, Dec. 14 at 9 am • Deck the Falls Lights • Breaking Free 12/7 at Pin Oaks, 11:30 am • Anna High School ---Frozen until Dec. 7 12. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 8:51 pm_ Doris Pierce seconded the motion. All were in favor Motion passed. Anthony Richardson President of CDC/EDC ATTESTED: Rocio Gonzaf Secretary of CDC/EDC THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 2/25/2020 Review CDC/EDC Joint Meeting Minutes from the January 15, 2020 Meeting (Economic Development Director Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type January 15, 2020 CDC/EDC Board Meeting Minutes 2/12/2020 Staff Report Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary THE CITY OF HE CITY OF nna manna N *CDCNz� * E DC Anna Community Development Corporation and Anna Economic Development Corporation Meeting Minutes Wednesday, January 15, 2020 at 6:00 pm Inc -Cube Building, Conference Room 312 N. Powell Parkway, Anna, Texas 75409 CDC and EDC Board Members Present: Anthony Richardson, Bruce Norwood, Stan Carver, Rocio Gonzalez, Michelle Hawkins, and Doris Pierce. Others present: Joey Grisham (Economic Development Director), Clark McCoy (CDCIEDC Legal Counsel), Lee Miller (City Council Member), 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:02 p.m. 2. Invocation and Pledge. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on approving minutes from the December 5, 2019 CDC and EDC Meeting. Stan Carver made a motion on behalf of the Community Development Corporation and Economic Development Corporation to approve the minutes from the December 5, 2019 CDC and EDC Meeting with one edit —changing Pent Oaks to Pin Oaks_ Michelle Hawkins seconded the motion. All were in favor. Motion passed. 5. Consider/Discuss/Act on entering into a Memorandum of Understanding (MOU) with the City of Anna regarding lease space in the Inc -Cube Building. Joey Grisham explained that the City of Anna needs additional space for new employees until the new City Hall is ready in 2021 and wants to lease space from the EDC. He then introduced Asst. City Manager Ryan Henderson who updated the Board on the current situation. Ryan stated that the MOU was similar to a previous agreement done when the Public Works Dept. leased space from the EDC. He further stated that as a part of the MOU, the City would pay $1 per month in rent but would pay the monthly utilities including electric, water, sanitary sewer, and internet. Bruce Norwood made a motion for the Anna Economic Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Development Corporation to enter into a Memorandum of Understanding (MOU) with the City of Anna. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 6. Director's Report A. Report on current financial status —Discussion Only Joey updated the Board of financials from September, October and November. B. ICSC Red River States Recap Joey Grisham stated that the EDC had a very successful show and appreciated those who participated. He said that staff would begin the process of following up on leads. C. ICSC ReCON Conference Joey Grisham said that the ICSC ReCON Conference was occurring slightly earlier this year and asked which Board members wanted to attend. Those expressing interest were Anthony Richardson, Bruce Norwood, and Stan Carver_ Joey stated that he would be following up to discuss further soon. D. Inc -Cube Construction Update Joey Grisham stated that the contractor should be completed with the work by the first week in February. 7. Hold an Economic Development Strategic Plan Workshop Jason Claunch with Catalyst Commercial picked back up on previous workshop discussions and began by making sure Board members agreed with the core values, mission statement, and vision statement. Jason then turned his focus to the key goals and objectives for the organization —some of the items included being an award -winning EDC/CDC, creating an incentive policy, business targets/clusters, internal and external marketing, branding/identity, and staffing needs. After more discussion, Jason stated that he would begin working on a draft for a review and that he would be back in February. 8. CLOSED SESSION (exceptions); A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; B. Consult with legal counsel 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); Discuss contract concerning Revolving Loan Fund; promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board 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) Anna Business Park Property; potential retail and medical projects. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Rocio Gonzalez made a motion for the Community Development Corporation at 9: 99 pm to enter closed session. Bruce Norwood seconded the motion. All were in favor. Motion passed. 9. Reconvene into open session and take any action on closed session items. Rocio Gonzalez made a motion to reconvene into open session at 9:43 p.m. Michelle Hawkins seconded the motion. All were in favor. Motion passed. No action was taken. 10. Receive reports from staff or Board Members 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. • The 41' of July Fireworks will be held on July 411 • Hurricane Creek Rotary Bingo Event on Saturday, January 25th @ Pin Oaks • Greater Anna Chamber Banquet on Saturday, Feb. 22"d • Anna Chamber Board applications are due by the end of the month for anyone interested 11. Adjourn. Anthony Ric rdson ade motion to adjourn the meeting at 9:43 pm. Stan Carver seconded tPmotio Atl ire in favor. Motion passed. APP Anthony Richardson President of CDCIEDC ATTESTED: Rocio Gonz `ez Secretary of CDCiEDC THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 2/25/2020 Approve a Resolution approving the Development Plat for Sugar Hill RV Ranch. (Director of Development Services Ross Altobelli) SUMMARY: RV parking lot on 23.0± acres located on the east side of FM 3356, 4,220± feet north of FM 455. The tract of land is located within the City of Anna extra territorial jurisdiction (ETJ ). Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Description Location Map Resolution EXHIBITA Upload Date Type 2/5/2020 Exhibit 2/13/2020 Exhibit 2/13/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SUGAR HILL RV RANCH, 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 Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Eric Pearson has submitted an application for approval of the Sugar Hill RV Ranch, Development Plat NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Sugar Hill RV Ranch, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25th day of February 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike CURVE TABLE CURVE # ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 43.98' 28.00' 90,00'00" N 65'54'45" W 39.60' C2 63.27' 52.00' 69°42'38" N 55°46'04" W 59.44' C3 63.15' 28.00' 12913'42" S 08'06'04" E 50.59' C4 51.18' 52.00' 56°23'33" S 27°54'40" W 49,14' C5 43,09' 28,00' 88*10'24" S 43'48'05" W 38.96' C6 1.29' 28.00' 2°38'50" N 89*12'42" E 1.29' C7 33.50' 28.00' 68°33'08" N 55*11'19" W 31.54' C8 43.98' 28.00' 90,00'00" N 24*05'15" E 39.60' C9 33.50' 28.00' 68°33'08" S 55*11'19" E 31.54' C10 54,46' 28,00' 111°26'52" S 34*48'41" W 46,27' C11 2.40' 52.00' 2°38'50" S 89*12'42" W 2.40' C1 2 44.87' 28.00' 91 *49'36" N 46*11'55" W 40.22' C13 44.38' 28.00' 90*49'14" N 45'07'30" E 39.88' C14 54.46' 28.00' 111°26'52" S 34°48'41" W 46,27' C16 71.14' 28,00' 145*34'19" N 16'40'43" W 53,49' C18 50.33' 28.00' 102'58'49" S 72'24'09" E 43.82' C20 16.82' 28.00' 34°25'41 " N 73*19'17" E 16.57' C21 37.64' 28.00' 77'01'11 N 17'35'51" E 34.87' C22 50.33' 28.00' 102°58'49" N 72°24'09" W 43,82' C23 71,14' 28,00' 145*34'19" S 16°40'43" E 53,49' LINE TABLE LINE # BEARING DISTANCE L1 S 66'15'44" E 8.47' L2 N 33°49'59" E 117.14' L3 N 32'42'48" E 143.43' L4 N 31 *16'08" E 96.13' L5 N 89°22'37" E 17,65' L6 S 31 *16'08" W 106.02' L7 S 32°42'48" W 143.45' L8 S 33°49'59" W 114.56' L9 N 66*15'44" W 15.24' L10 N 35°23'59" E 235.92' L11 N 35°23'59" E 119.42' L12 N 43*14'01" E 40.35' L13 N 82'49'13" E 59.38' L14 S 80°35'23" E 51.85' L15 S 67°48'56" E 90,69' L16 N 45'58'33" E 188.73' LINE TABLE LINE # BEARING DISTANCE L17 N 55°52'35" E 76.74' L18 S 26°53'41" W 70.59, L19 S 41 °42'43" W 53.29' L20 S 56°41'47" W 56.36' L21 N 59°01'26" E 233.19' L22 N 62*17'25" E 108.63' L23 S 20°20'03" W 73.29' L24 S 69*05'15" W 55.00' L25 S 89°22'37" W 67.68' L26 S 00'36'32" E 25.36' L27 S 87*53'17" W 17.18' L28 S 02°06'43" E 24.00' L29 N 89'27'53" W 69.58' L30 N 69*05'15" E 55.00' L31 N 20'54'45" W 4.10' L32 S 89'27'53" E 7.07' LEGEND NOTES: 1. Bearings, coordinates and distances listed are based on US State o = CORNER FOUND AS NOTED Plane NAD 1983 Grid Coordinates, North Central Zone 4202 (2011). = BOUNDARY LINE 2. This survey is subject to easements, covenants or restrictions of record, if any. = EASEMENT LINE 3. According to Map No. 48085C0135J, dated June 2, 2009 of the x = FENCE LINE National Flood Insurance Program Map, Flood Insurance Rate Map (F.I.R.M.) of Collin county, Texas, Federal Emergency Management IRF = IRON REBAR FOUND (AS NOTED) Agency, Federal Insurance Administration, this property is located in IPF = IRON PIPE FOUND (AS NOTED) Zone "X" (unshaded) and Zone "A" and a portion of this property is within a special flood hazard area. CIRF = IRON REBAR W/ CAP FOUND (AS NOTED) D.R.C.C.T. = DEED RECORDS COLLIN COUNTY TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS DENTON COUNTY, TEXAS *SURVEYOR'S CERTIFICATE That I, Anthony Ray Crowley, do hereby certify that I prepared this plat from an actual I survey of the land and that the corner monuments and improvements shown hereon were I observed under my personal supervision in accordance with the Texas Board of Professional Engineers and Land Surveyors' Minimum Standards of Practice and City of Anna's Subdivision Ordinance Section 9.02.045. I (. coQ7o ;N ANTHONY R. CROWLEY I ............................ 6484 P I JANUARY 31, 2020 �tiO F E s s S U R`I Anthony Ray Crowley I Registered Professional Land Surveyor No. 6484 I STATE OF TEXAS § COUNTY OF COLLIN § i DONALD J. ENGELBRECHT CALLED 20.000 ACRES VOL. 1366, PAGE 295 D.R.C.C.T. CENTERLINE OF CREEK Iv N=7188108.84 E=2536258.33 5/8" CIRF 1 79' "SPARR SURVEYS" L5 (CM) 1/2"RO CIRF / "ROOME" FLORA HILL, LTD. CALLED 4.51 ACRES DOC. # 20020620000884130 ��L / 1/2" IRF O.P.R.C.C.T. ^b' 03 / PEDESTRIAN & VEHICULAR 4(11 INGRESS/EGRESS EASEMENT �(b VOL. 5161, PG. 1902 D.R.C.C.T. � / v 112" CIRF- "ROOME" a� 1 °IRF b SUGAR HILL RV PARK 23.04 AC. 1,003,719 SQ. FT. 1/2" CIRF "ROOME" iI L1J L9 Ry L13 L 14 0- N 89°42'55" E 175.00' -------------- 416 yi CENTERLINE POND ^) OF CREEK bo ���� `O � PROPOSED �Vo DRAINAGELO /^ I EASEMENT BY o SEPARATE L of INSTRUMENT �I / Z I� W co co -b P S 89°42'55" W 175.00' I � ro 0 0 69 64' / I o \ ROGER GLENN COKER & Z 8939, N VICKIE ANN COKER g>„ REMAINDER OF 15.90 ACRES 2.2g 3q�2' DOC. # 19961104000848740 O.P.R.C.C.T. C' 4, 7 DAVID W. CLAY & ELIZABETH A. CLAY CALLED 5.071 ACRES DOC. # 20180219000199210 O.P.R.C.C.T. N 89°22'37" E, 690.20' N \ -G 2 PROPOSED S 87°53'17" W 144.65' ao L27 GRAVEL DEED LINE J N 87°53'17" E 241.87' 1/2" IRF- ROGER GLENN COKER & VICKIE ANN COKER CALLED 12.22 ACRES DOC. # 20170501000550070 vF. O.P.R.C.C.T. ° PROPOSED O o ° SEPTIC 0 APPROXIMATE � �P0N�, f�2 LOCATION OF .� FLOOD ZONE AS GNt �G SCALED BY F.I.R.M. �V�C�� S 87'53'17" W, 426.09' P BEFORE me, the undersigned authority, a Notary Public in and for said County and State, 1/2" IRF (CM) N=7187448.70 on this day personally appeared known to me to be the person I E=2536238.17 or persons whose name is subscribed to the foregoing instrument, and acknowledged to I I me that he executed the same in the capacity herein stated and the act and deed of said / company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of LEGAL DESCRIPTION I2020. STATE OF TEXAS § w , 0 Notary Public in and for County o° F, My Commission Expires: f. �J I + C Cq L0 I0� o 0 LLi - W M 00 � M N I� 0 IN W CENTERLINE OF TEXAS POWER & LIGHT COMPANY EASEMENT I / (UNSPECIFIED WIDTH) VOL. 209, PG. 597, VOL. 211, PG. 186 & VOL. 714, PG. 905 / D.R.C.C.T. I I IPASSING AT 500.68' I 1/2" IRF 426.51' _ 391.47' PASSING AT 1/2" IPF - - x N 89°06'05" W, 817.98' 508.59'3/4" IRF IICI-LEJ, LTD. 6" WOOD CALLED 66.221 ACRES POST FOUND DOC. # 19980916001029270 O.P.R.C.C.T. COUNTY OF COLLIN § �20 0 \ \° \ \0 C11 C6 5/8" CIRF "SPARR SURVEYS" POB �j PROPOSED RV PAD SITE (TYP.) O / I L25 J W PROPOSED TRASH O \ N ENCLOSURE (TYP.) \ o M PROPOSED (i GRAVEL 2 �o p L31 4- do O U O �20 G O PROPOSED �2A tJp �•� FIRE HYDRANT V• o PC� C �R� p `� �02�`Op0 8 8 F Ovosg9ROPO 1 O� P� PGG� 3 6 Q� PG j POSEo NN RGRp,JE�' (P U� \ GRAVEL �G/ pr O 100 00 C) L. P 0 m oN0 m Nm O 5o O 6 !� 'ROPOSED a p 1q O \ Op (51 POOL �m 0 r A 7C.) . m-A -A PROPOSED FIRE PIT O w0 PROPOSED - PARKING ASSING AT 431.17' c, PROPOSED TXDOT CONCRETE o N 89°27'53" W 190.45' PROPOSED 24' FIRE RV PAD SITE MONUMENT FOUND S 89°27'53" E 454.49' PGR GEED ACCESS ROAD (TYP.) 09 O o N Np O ED INE `ter-- 1/2" IRF m o N 88°5022" W 549.63' �' \ 0 0 0 0 0 0 0 0 d, Cl! PROPOSED RV PAD SITE O (TYP.) PROPOSED PROPOSED SECURITY N GRAVEL PROPOSED 24' FIRE N 89°27'53" W 337.62' C,��ATE 9 N O� PROPOSED 24' FIRE cr ACCESS ROAD S 89°27'53" E 502.39' ACCESS ROAD N rn 0 0 0 0 O 0 0 O 0 0 O 0 O 0 PROPOSED ( YPP.) SITE\ N 0 SCALE: 1" = 60' 0 60 120 �6" WOOD POSTFOUND ICI-LEJ, LTD. TRACTI CALLED 19.93 ACRES DOC. # 19921110000799420 O.P.R.C.C.T. N 89°27'53" W, 534.24' All that certain tract of land situated in the Henry Hahn Survey, Abstract Number 424, City of Anna, Collin County, Texas, being the remainder of a called 15.90 acre tract of land described in General Warranty Deed to Roger Glenn Coker and Vickie Ann Coker, recorded in Document Number 19961104000848740 of the Official Public Records of Collin County, Texas and all of a called 12.22 acre tract of land described in General Warranty Deed to Roger Glenn Coker and Vickie Ann Coker, recorded in Document Number 20170501000550070, of said Official Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rebar with plastic cap stamped "Sparr Surveys" found for the southeast corner of a called 5.071 acre tract of land described in General Warranty Deed to David W. Clay and Elizabeth A. Clay, recorded in Document Number 20180219000199210 of said Official Public Records, in the west right-of-way line of County Road 3356 (a 100-foot-wide public right-of-way); THENCE South 20°54'45" East, with the east line of the remainder of said 15.90 acre tract and the west right-of-way line of said County Road 3356, passing at a distance of 431.17 feet, a Texas Department of Transportation (TXDOT) concrete monument found, continuing in all a total distance of 516.22 feet to a 1/2 inch iron rebar found for the southeast corner of the remainder of said 15.90 acre tract and the northeast corner of said 12.22 acre tract; THENCE South 20°31'47" East, with the east line of said 12.22 acre tract and the west right-of-way line of said County Road 3356, a distance of 186.56 feet to a 1/2 inch iron rebar found for the east corner of said 12.22 acre tract and the northeast corner of "Tract I", a called 19.93 acre tract of land described in General Warranty Deed to ICI-LEJ, LTD., recorded in Document Number 19921110000799420 of said Official Public Records, from which a TXDOT concrete monument found bears South 22°44'17" East, a distance of 28.15 feet; THENCE with the common line of said 12.22 acre tract and said "Tract I", the following courses and distances: North 89°27'53" West, a distance of 534.24 feet to a 6 inch wood post found for corner; South 87°53'17" West, a distance of 426.09 feet to a 1/2 inch iron rebar found for corner; South 01°23'37" East, passing at a distance of 500.68 feet, a 1/2 inch iron rebar found for the southwest corner of said "Tract I" and for a north corner of a called 66.221 acre tract of land described in Warranty Deed to ICI-LEJ, LTD., recorded in Document Number 19980916001029270, of said Official Public Records, passing at a distance of 508.59 feet, a 3/4 inch iron rebar found, continuing in all a total distance of 519.84 feet to a 6 inch wood post found for the southeast corner of said 12.22 acre tract and in the north line of said 66.221 acre tract; THENCE North 89°06'05" West, with the common line of said 12.22 acre tract and said 66.221 acre tract, a distance of 817.98 feet to a 1/2 inch iron pipe found for the southwest corner of said 12.22 acre tract and the southeast corner of a called 20.000 acre tract of land described in Veterans Land Deed to Donald J. Engelbrecht, recorded in Volume 1366, Page 295 of the Deed Records of said county; THENCE North 36°01'40" East, with the common line of said 12.22 acre tract and said 20.00 acre tract, a distance of 885.77 feet to a 1/2 inch iron rebar found for the northwest corner of said 12.22 acre tract and the southwest corner of the remainder of said 15.90 acre tract; THENCE North 34°30'22" East, with the common line of the remainder of said 15.90 acre tract and said 20.00 acre tract, a distance of 225.22 feet to a 1 inch iron rebar found for the northeast corner of said 20.00 acre tract and the south corner of a called 4.51 acre tract of land described in Warranty Deed to Flora Hill, Ltd., recorded in Document Number 20020620000884130, of said Official Public Records; THENCE North 33°42'36" East, with the common line of the remainder of said 15.90 acre tract and said 4.51 acre tract, a distance of 318.62 feet to a 1/2 inch iron rebar with plastic cap stamped "Sparr Surveyors" found for the east corner of said 4.51 acre tract and the southwest corner of said 5.071 acre tract; THENCE North 89°2237" East, with the south line of said 5.071 acre tract, a distance of 690.20 feet to the POINT OF BEGINNING and containing 23.04 acres (1,003,719 square feet) of land. S 22o44'17" E� 28.15' } x x TXDOT CONCRETE MONUMENTFOUND APPROVED FEBRUARY 3, 2020 P&Z COMMISSION CITY OF ANNA In I--- t 4.0' ---� RV PAD SITE (Not to Scale) 0 a t T UTILITY HOOKUP 0 APPROVED FEBRUARY 25, 2020 CITY COUNCIL CITY OF ANNA THE CITY OF Anna AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 2/25/2020 Approve a Resolution entering into a development agreement with Swaccha, LLC to establish development and design regulations for further development located on 4.5± acres on the east side of S. Powell Parkway (S.H. 5), 681±feet north of Cunningham Boulevard. (Director of Development Services Ross Altobelli). SUMMARY: The intent of the development agreement to ensure the use of high quality, durable materials along the State Highway 5 corridor to create well designed and attractive architecture. Approving the development agreement in no way puts an obligation on the City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approving a Resolution entering into a Development Agreement with Swaccha, LLC. ATTACHMENTS: Description Upload Date Type Resolution - Development Agreement 2/20/2020 Resolution Development Agreement - Exhibit 1 2/20/2020 Exhibit Exhibit A - DA 2/20/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH SWACCHA, LLC RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR NON-RESIDENTIAL DEVELOPMENT LOCATED ON THE EAST SIDE OF SOUTH POWELL PARKWAY, 1,090± FEET SOUTH OF WEST WHITE STREET. WHEREAS, Swaccha, LLC is the Property Owner of real estate located on the east side of South Powell Parkway (State Highway 5), 1,090± feet south of West White Street (Farm to Market Road 455); and WHEREAS, Property Owner desires for the property to be developed as Restricted Commercial (C-1); and WHEREAS, Property Owner has agreed to development and design regulations should the City approve the property to be rezoned from SF-E Single -Family Residential - Large Lot to C-1 zoning; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval The City Council hereby approves the Development Agreement with Swaccha, LLC, attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 25th day of February 2020. ATTESTED: Carrie L. Land, City Secretary APPROVED: Nate Pike, Mayor DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of February 25, 2020 ("Effective Date") between and among the City of Anna, Texas ("City") and Swaccha, LLC ("Developer") as follows: RECITALS WHEREAS, the Developer is the sole owner of 4.32± acres of real property described and depicted on Exhibit A, attached hereto (the "Property"); and, WHEREAS, the Developer has applied to rezone the Property to allow for commercial uses; and, WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite notices by publication and otherwise and have scheduled public hearings with respect to the rezoning of the Property as required by law; and, WHEREAS, in the case of the Property being rezoned, the City and Developer desire to enter into a development agreement to establish development and design regulations to ensure the use of high quality, durable materials along the State Highway 5 corridor to create well designed and attractive architecture; and, WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject matter specifically set forth herein and shall supersede City Regulations only to the extent that any such City Regulations directly conflict with the terms of this Agreement; and, NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected in the covenants, duties and obligations contained herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date: SECTION 1. RECITALS INCORPORATED. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Developer and the City. SECTION 2. DEVELOPMENT STANDARDS. The Developer agrees to comply and to cause all builders and any other successors or assigns to comply with the following: A. The exterior walls (excluding doors, door frames, windows, and window frames) shall use only stone, brick, and/or split face concrete masonry units in the construction of the exterior facade that are visible to the public. The use of other high -quality materials for building trim, architectural decoration, and other design elements shall not be precluded; however, they are subject to approval by the zoning administrator and should contribute to the overall design concept B. At least 60% of exterior fagades not visible to the public (excluding doors, door frames, windows, and window frames) are required to be brick or rock veneer. C. Where the function of an individual business, or the recognized identity of a brand dictates a specific style, image, or building material associated with that company, the masonry provision may be modified; however, the development shall maintain harmony in terms of overall project design and appearance, and such design shall be subject to approval by the city council after recommendation from the planning and zoning commission. SECTION 3. NOTICES. Any and all notices required to be given by either of the parties hereto must be in writing and will be deemed delivered upon personal service, if hand -delivered, or when mailed in the United States mail, certified, return receipt requested, addressed as follows: To City: City Manager City of Anna 111 North Powell Parkway PO Box 776 Anna, Texas 75409 To Property Owner: Swaccha, LLC 4613 Meadow Ridge Dr. Plano, Texas 75093 SECTION 4. MODIFICATIONS OR TERMINATION. This Agreement may only be modified and/or terminated as follows: (a) by mutual agreement of Developer and City; and/or (b) unilaterally by City upon default of the Developer. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve —on or before the 28th day of February, 2020—the rezoning of the Property to be zoned as C-1, Restricted Commercial as set forth in Section 9.04.020 of the Anna City Code of Ordinances). The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve any proposed rezoning of the Property. SECTION 5. DEFAULT. If Developer, its heirs, successors, or assigns, subsequent owners of the Property or any other person acquiring an interest in the Property, fails to fully comply with all the terms and conditions included in this Agreement, City will have the following non-exclusive and cumulative remedies. A. Withholding of utilities or withholding or revocation of permits and other approvals required for development and use of the Property including without limitation building permits and certificates of occupancy. B. The defaulting Developer, or their respective heirs, successors or assigns, subsequent owners of the Property or any other person acquiring an interest in the Property (collectively, the "Defaulting Developer Parties") shall be jointly and severally liable to pay to the City the sum of $2,000 for each failure to fully comply with the development standards set forth in Section 2 of this Agreement. The Defaulting Developer Parties shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. Notwithstanding the foregoing, none of the Defaulting Developer Parties shall be liable to pay the liquidated damages that accrue under this paragraph unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after thirty (30) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). In the event of a breach that is not timely cured in accordance with this paragraph, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notice as to subsequent dates or times during which such breach is repeated or continues to occur. C. In the event of a default, the City will additionally have any and all remedies available to it at equity or in law. SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement will run with the land and be binding on all subsequent Developers and owners of the Property. SECTION 7. INDEMNIFICATION AND HOLD HARMLESS. THE DEVELOPER AND ALL OWNERS OF THE PROPERTY, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTIES"), HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTIES, INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING PARTIES SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY OF THE INDEMNIFYING PARTIES AND THE CITY, THE INDEMNIFYING PARTIES' INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTIES' OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTIES FURTHER COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the design, construction or installation of any of the improvements to the Property or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same. This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This Section will survive the termination of this Agreement. SECTION 8. REQUIREMENT FOR RECORDATION. Developer will record this document, including all the Exhibits, in conjunction with the formal adoption by the City Council, and immediately provide a recorded copy to the City. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 10. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. AUTHORITY. Developer represents and warrants to the City that the Developer is the sole owner of the Property and that this Agreement is binding and enforceable as relates to the Developer and the Property. Developer represents and warrants to City that the person signing this Agreement has the authority to sign the Agreement on behalf of Developer. SECTION 12. INVALID PROVISIONS. If any provision of this Agreement is held not valid, such provision will be deemed to be excised there from and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. CITY OF ANNA Bv: Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2020, appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas Swaccha, LLC, a Texas limited liability company go Uma Chintapalli, its Managing Member IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2020, appeared Uma Chintapall known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same in his/her capacity as Managing Member of Swaccha, LLC, a Texas limited liability company. Notary Public, State of Texas EXHIBIT A BEING a tract of land out of the GrandeI on Stark Survey, Abstract Number 798, in the City of Anna, Collin County, Texas, and being a portion of that tract of land described by deed to SWACCHA, LLC as recorded under Document Number 20190218000166800, Official Public Records of Collin County, Texas, (O.P.R.C.C.T.), the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83)): BEGINNING at a concrete monument found for the southwest corner of said SWACCHA tract and the herein described tract, same being the northeast corner of "Parcel 143" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the north line of Lot 1 in Block A of Scribner Addition, an addition in the City of Anna, Collin County, Texas, according to the plat recorded under Volume 2016, Page 442, Plat Records of Collin County, Texas, (P.R.C.C.T); THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said SWACCHA tract, a distance of 19.50 feet to a 5/8 inch rebar with pink cap stamped, "TXDOT SURVEY MARKER RIGHT OF WAY MONUMENT" (hereinafter called "TXDOT") found for the south corner of "Parcel 146, Part 1" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026; THENCE through the interior of said SWACCHA tract and with the east lines of said "Parcel 146, Part 1" the following calls: 1. North 18 degrees 11 minutes 17 seconds East, a distance of 102.49 feet to a 5/8 inch rebar with "TXDOT" cap found; 2. North 04 degrees 08 minutes 19 seconds East, a distance of 200.00 feet to a point within a tree; 3. North 11 degrees 23 minutes 19 seconds West, a distance of 92.58 feet to a 5/8 inch rebar with "TXDOT" cap found for the north corner of said "Parcel 146, Part 1", said point being in the west line of said SWACCHA tract; THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said SWACCHA tract, a distance of 112.00 feet to a S/8 inch rebar with "TXDOT" cap found for the southeast corner of "Parcel 146, Part 2" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026; THENCE North 02 degrees 13 minutes 52 seconds East, through the interior of said SWACCHA tract, and with the east line of said "Parcel 146, Part 2", a distance of 141.43 feet to a 5/8 inch rebar with "TXDOT" cap found for the northeast corner thereof, same being the southeast corner of "Parcel 151" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the common line of said SWACCHA tract and a tract of land called "TRACT 2" as described by deed to Altice Use, Inc. as recorded under Document Number 20181226001561580, (O.P.R.C.C.T.); THENCE South 88 degrees 29 minutes 12 seconds East, with the common line of said SWACCHA tract and said Altice Use tract, a distance of 303.14 feet to a 1/2 inch rebar found for the common east corner thereof, said point being in the west line of a tract of land described by deed to the City of Anna as recorded under Document Number 20170727000992200, (O.P.R.C.C.T.); THENCE with the westerly lines of said City of Anna tract, the following calls 1. South 02 degrees 30 minutes 00 seconds West, a distance of 167.90 feet to a 1/2 inch rebar with pink cap found; 2. North 89 degrees 45 minutes 00 seconds West, a distance of 20.00 feet to a 1/2 inch rebar with pink cap found; 3. South 02 degrees 30 minutes 00 seconds West, a distance of 375.00 feet to a 1/2 inch rebar with pink cap found; 4. South 89 degrees 45 minutes 00 seconds East, a distance of 20.00 feet to a 1/2 inch rebar with pink cap found; 5. South 02 degrees 30 minutes 00 seconds West, a distance of 114.29 feet to the southeast corner of said SWACCHA tract, and being in the north line of said Lot 1, from which an old wood post bears North 78 degrees East a distance of 0.30 feet; THENCE North 89 degrees 11 minutes 29 seconds West, with the north line of said Lot 1, a distance of 317.57 feet to THE POINT OF BEGINNING and enclosing 4.326 (188,461 square feet) of land, more or less. -.. _ H. 6ARTON• III 6737 THE CITY OF Anna AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 2/25/2020 Approve an Ordinance amending the contractor registration fee requirements for master plumbers, plumbing contractors, and electricians. (Director of Development Services Ross Altobelli). SUMMARY: A recently adopted provision in the Texas Occupations Code prohibits contractor registration fees or administrative fees for master plumbers, plumbing contractors, and electricians. The proposed Ordinance amendment removes the contractor registration fee requirement associated with these professions. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Ordinance 2/20/2020 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 4, BUILDING REGULATIONS, ARTICLE 4.02, REGISTRATION OF CONTRACTORS, SECTIONS 4.02.001 AND 4.02.005, AND BY AMENDING APPENDIX A, FEE SCHEDULE, ARTICLE A2.000, SECTION A2.001; PROVIDING FOR CERTAIN REGISTRATION AND PERMIT FEE EXEMPTIONS FOR PLUMBERS AND ELECTRICIANS; 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 ordinances, rules and regulations governing contractor registration and permit fees; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Chapter 4, Article 4.02, Sections 4.02.001 and 4.02.005, and Appendix A, Article A2.000, Section A2.001 of the Anna City Code of Ordinances ("Anna Code") by exempting plumbers and electricians from certain registration and permit fee requirements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment. In accordance with Chapter 1, Article 1.01, Section 1.01.007 of the Anna Code of Ordinances, this ordinance amends Chapter 4, Article 4.02, Sections 4.02.001 and 4.02.005, and Appendix A, Article A2.000, Section A2.001 as follows, with any added language shown in underlined text (example): 2.01 Chapter 4, Article 4.02, Section 4.02.001 Registration of Contractors, Required, is amended as follows: Section 4.02.001. Required (d) No permit to perform work on any plumbing, mechanical, electrical, irrigation, or private sewage wastewater disposal system shall be issued to any person, firm, corporation or business entity without prior registration; provided, CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 3 however, property owners performing work on their primary residence shall be exempt from the registration requirements, and a person performing plumbing that is exempt under state law for the type and scope of the plumbing work is not required to obtain a permit. (Ordinance 73-2003 adopted 4/22/03; 2008 Code, pt. II, art. 8, sec. 2(a); Ordinance adopted 2.02 Chapter 4, Article 4.02, Section 4.02.005 Registration Fee and Renewal is amended as follows: Section 4.02.005. Registration Fee and Renewal The fee for registration shall be as set forth in section A2.001 of the fee schedule in appendix A of this code and shall be submitted with each application for registration; provided, however, that a responsible master plumber, plumbing contractor, or electrician required to obtain a license or permit under state or local law is exempted from the payment of registration or renewal fees. Registration shall expire annually on the date of the initial registration and shall be routinely reactivated by the payment of a renewal fee if the application information remains accurate. Renewal of registration for plumbers or electricians as referred to in this section shall be routinely activated by the re- submission of the application with accurate and updated information. The fee for renewal shall be the same as for the initial registration; provided, however, that a responsible master plumber, plumbing contractor, or electrician required to obtain a license or permit under state or local law is exempted from the payment of registration or renewal fees. No permits will be issued to a contractor whose registration has expired. (Ordinance 73-2003 adopted 4/22/03; 2008 Code, pt. II, art. 8, sec. 2.05; Ordinance adopting 2019 Code; Ordinance adopted 2.03 Appendix A, Article A2.000, Section A2.001 Registration of Contractors is amended as follows: Section A2.001. Registration of Contractors Registration of contractors is required. The fee for registration shall be $50.00 and shall be submitted with each application for registration; provided, however, that a responsible master plumber. Dlumbina contractor. or electrician reauired to obtain a license or permit under state or local law is exempted from the payment of registration or renewal fees. Registration shall expire annually on the date of the initial registration and shall be routinely reactivated by the payment CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 3 of a renewal fee if the application information remains accurate. Renewal of registration for plumbers or electricians as referred to in this section shall be routinely activated by the re -submission of the application with accurate and updated information. The fee for renewal shall be the same as for the initial registration; provided, however, that a responsible master plumber, plumbing contractor, or electrician required to obtain a license or permit under state or local law is exempted from the payment of registration or renewal fees. No permits will be issued to a contractor whose registration has expired. (Ordinance 73-2003 adopted 4/22/03; 2008 Code, pt. IV, art. 2, sec. 1) Cross reference -Article 4.02; Ordinance adopted ) Section 3. 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, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 4. 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 day of , 2020. ATTESTED: City Secretary, Carrie L. Land F-ITJOBOTOWWR Mayor, Nate Pike CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 3 THE CITY OF Anna AGENDA ITEM: Item No. 5.h. City Council Agenda Staff Report Meeting Date: 2/25/2020 Approve a Resolution approving the Renewal of an I nterlocal Cooperation Contract with the Department of Public Safety (Finance Director Dana Thornhill) SUMMARY: The I nterlocal Cooperation Contract, attached as Exhibit A, is between the City of Anna and the Texas Department of Public Safety. Chapter 706 of the Texas Transportation Code states, "A political subdivision may contract with the department to provide information necessary for the department to deny renewal of the driver's license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgement ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedures." The Department of Public Safety (DPS) contracts with a vendor to establish an automated Failure to Appear System that accurately stores information regarding violators and utilizes the system to properly deny renewal of driver's license. The Court Administrator supplies a Failure to Appear Report through this vendor to DPS, as well as notifies DPS when violations have been satisfied. The Court then assess a $10.00 reimbursement fee to the defendant of which $6.00 is submitted to the vendor and $4.00 goes into the General Fund. The term of the I nterlocal Cooperation Contract is for a one year term with automatic renewals for three additional years. However, either party may terminate the contract with thirty (30) days written notice. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 4 A High Performing Professional City STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and I nterlocal Cooperation Contract. ATTACHMENTS: Description Upload Date Type Resolution I nterlocal Cooperation Contract 2/20/2020 Staff Report Exhibit DIPS Interlocal Cooperation Contract 2/20/2020 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, APPROVING THE RENEWAL OF AN INTERLOCAL COOPERATION CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE FAILURE TO APPEAR PROGRAM. WHEREAS, The City Council of the City of Anna, Texas (the "City Council") finds that the agreement with the Texas Department of Public Safety for the automation of non -renewal of driver's license for violators who fail to appear for a complaint or citation or fails to pay or satisfy a judgement is worthy of continuation; and WHEREAS, the City Council desires to approve the Interlocal Cooperation Contract with the Texas Department of Public Safety. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The facts and recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Acknowledgement The City Council hereby approves the Interlocal Cooperation Contract attached as Exhibit A, and authorizes, ratifies, and approves the City Manager to execute the contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25th day of February, 2020. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor RES. PAGE 1 OF 1 DPS #t DLD20180628 (Revised 01/2020) Interlocal Cooperation Contract Failure to Appear (FTA) Program State of Texas County of _Collin PARTIES AND AUTHORITY This Interlocal Cooperation Contract (Contract) is entered into between the Department of Public Safety of the State of Texas (DPS), an agency of the State of Texas and the _Anna_ Court of the [City or County] of Anna (Court), a political subdivision of the State of Texas, referred to collectively in this Contract as the Parties, under the authority granted in Tex. Transp. Code Chapter 706 and Tex. Gov't Code Chapter 791(the Interlocal Cooperation Act). II. BACKGROUND As permitted under Tex. Transp. Code § 706.008, DPS contracts with a private vendor (Vendor) to provide and establish an automated FTA system that accurately stores information regarding violators subject to the provisions of Tex. Transp. Code Chapter 706. DPS uses the FTA system to properly deny renewal of a driver license to a person who is the subject of an FTA system entry. III. PURPOSE This Contract applies to each FTA Report submitted by the Court to DPS or its Vendor and accepted by DPS or its Vendor. Court will supply information to DPS, through its Vendor, that is necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the Court in a matter involving any offense that Court has jurisdiction of under Tex. Code Crim. Proc. Chapter 4. IV. PERIOD OF PERFORMANCE This Contract will be effective on the date of execution and will automatically renew on the anniversary date of execution for up to three additional years unless terminated earlier. V. COURT RESPONSIBILITIES A. Written warnings A peace officer authorized to issue citations within the jurisdiction of the Court must issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning must be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the Court, the person may be denied Page 1 of 5 DPS # DLD20180628 (Revised 01/2020) renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. B. FTA Report An FTA Report is a notice sent by Court requesting a person be denied renewal in accordance with this Contract. The Court may submit an FTA Report to Vendor if a person fails to appear or fails to pay or satisfy a judgment as required by law. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The Court must make reasonable efforts to ensure that all FTA Reports are accurate, complete, and non -duplicative. The FTA Report must include the following information: 1. the jurisdiction in which the alleged offense occurred; 2. the name of the court submitting the report; 3. the name, date of birth, and Texas driver license number of the person who failed to appear or failed to pay or satisfy a judgment; 4. the date of the alleged violation; 5. a brief description of the alleged violation; 6. a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; 7. the date that the person failed to appear or failed to pay or satisfy a judgment; and 8. any other information required by DPS. C. Clearance Reports The Court that files the FTA Report has a continuing obligation to review the FTA Report and promptly submit appropriate additional information or reports to the Vendor. The clearance report must identify the person, state whether or not a fee was required, and advise DPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately, but no later than two business days, from the time and date that the Court receives appropriate payment or other information that satisfies the person's obligation to that Court. To the extent that a Court uses the FTA system by submitting an FTA Report, the Court must collect the statutorily required $10.00 reimbursement fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the Court will not require payment of the reimbursement fee. Court must submit a clearance report for the following circumstances: 1. the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; 2. the dismissal of the charge for which the warrant of arrest was issued or judgment arose; 3. the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; 4. the payment or discharge of the fine and cost owed on an outstanding judgment of the Court; or Page 2 of 5 DPS # DLD20180628 (Revised 01/2020) 5. other suitable arrangement to pay the fine and cost within the Court's discretion. DPS will not continue to deny renewal of the person's driver license after receiving notice from the Court that the FTA Report was submitted in error or has been destroyed in accordance with the Court's record retention policy. Quarterly Reports and Audits Court must submit quarterly reports to DPS in a format established by DPS. Court is subject to audit and inspection at any time during normal business hours and at a mutually agreed upon location by the state auditor, DIPS, and any other department or agency, responsible for determining that the Parties have complied with the applicable laws. Court must provide all reasonable facilities and assistance for the safe and convenient performance of any audit or inspection. Court must correct any non -conforming transactions performed by the Court, at its own cost, until acceptable to DPS. Court must keep all records and documents regarding this Contract for the term of this Contract and for seven years after the termination of this Contract. E. Accounting Procedures Court must keep separate, accurate, and complete records of the funds collected and disbursed and must deposit the funds in the appropriate municipal or county treasury. Court may deposit such fees in an interest -bearing account and retain the interest earned on such accounts for the Court. Court will allocate $6.00 of each $10.00 reimbursement fee received for payment to the Vendor and $4.00 for credit to the general fund of the municipal or county treasury. F. Non -Waiver of Fees Court will not waive the $10.00 reimbursement fee for any person that has been submitted on an FTA Report, unless the person is deemed to be indigent, or the person is acquitted of the charges for which the person failed to appear. Failure to comply with this section will result in: (i) termination of this Contract for cause; and (ii) the removal of all outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. Page 3 of 5 DPS # DLD20180628 (Revised 01/2020) G. Litigation Notice The Court must make a good -faith attempt to immediately notify DPS in the event that the Court becomes aware of litigation in which this Contract or Tex. Transp. Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision. VI. PAYMENTS TO VENDOR Court must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the Court has subsequently collected the statutorily required $10.00 reimbursement fee. In the event that the person has been acquitted of the underlying charge or is indigent, no payment will be made to the Vendor or required of the Court. Court agrees that payment will be made to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the Court. DPS will not pay Vendor for any fees collected by Court. VII. GENERAL TERMS AND CONDITIONS A. Compliance with Law. The Court understands and agrees that it will comply with all local, state, and federal laws in the performance of this Contract, including administrative rules adopted by DPS. B. Contract Amendment. DPS and Court may amend this Contract through a written amendment signed by an authorized signatory on behalf of the respective party. C. Notice. The respective party will send the other party notice as noted in this section. Court Attn.: City Manager Address: P.O. Box 776 Address: Anna, Texas 75409 Fax: Email: jproce@annatexas.€ Phone: 972-924-3325 Department of Public Safety Enforcement & Compliance Service 5805 North Lamar Blvd. Austin, Texas 78752-0001 (512) 424-5311 [fax] Driver.Improvement@dps.texas.gov (512) 424-7172 D. Termination. Either party may terminate this Contract with 30 days' written notice. DPS may also terminate this Contract for cause if Court doesn't comply with Section V.F., Non - Waiver of Fees. After termination, the Court has a continuing obligation to report dispositions and collect fees for all violators in the FTA system at the time of termination. Failure to comply with the continuing obligation to report will result in the removal of all Page 4of5 DPS # DLD20180628 (Revised 01/2020) outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. Vlll. CERTIFICATIONS The Parties certify that (1) the Contract is authorized by the governing body of each party; (2) the purpose, terms, rights, and duties of the Parties are stated within the Contract; and (3) each party will make payments for the performance of governmental functions or services from current revenues available to the paying party. The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. Court* Authorized Signature City Manager Jim Proce Title Date Department of Public Safety Driver License Division Chief or Designee Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the Court. Each signature block must contain the person's title and date. Page 5 of 5 THE CITY OF Anna AGENDA ITEM: Item No. 5.i. City Council Agenda Staff Report Meeting Date: 2/25/2020 Review the Quarterly Investment Report for the Period Ending December 31, 2019. (Finance Director Dana Thornhill) SUMMARY: In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The report includes the following: • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the P F I A The City's portfolio as of quarter ending December 31, 2019 earned an average yield of 1.90%%. The total year to date interest earnings are $239,664. The Quarterly Investment Report for December 31, 2019 is attached for review. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing Professional City STAFF RECOMMENDATION: No action by the City Council is required. ATTACHMENTS: Description Upload Date Type Investment Report for the Quarter Ending December 31, 2/19/2020 Staff Report 2019 THE CITY OF Ntitia QUARTERLY INVESTMENT REPORT For the Quarter Ended December 31, 2019 The investment portfolio of the City of Anna is in compliance with the Public Funds Investment Act and the Investment Polio anc68tratesies. Manager Finan�,e Director Accounting Manager Summary Investment Report October 1, 2019 to December 31, 2019 Quarter End Results by Investment Category: Asset Type Ave. Yield Bank DDA 1.92% Money Market 1.76% Texpool 1,74% CDs 2,26% Totals Current Quarter Average Yield Total Portfolio 1.90% December 317 2019 Book Value Market Value $ 1110551714 $ 1110551714 $ 71181,147 $ 71181,147 $ 271455,219 $ 27,455,219 September 30, 2019 Book Value Market Value $ 51206,537 $ 51206,537 $ 71150,831 $ 71150,831 $ 301330,446 $ 301330,446 $ 14,522,406 $ 14,522,406 $ 11,948,950 $ 11,948,950 $ 60,214,485 $ 603214,485 $ 54,6367765 $ 54,636,765 Quarterly Interest Income $239,664 Year-to-date Interest Income $239,664 Fiscal Year -to -Date Average Yield Total Portfolio 1.90% Investment Report October 1, 2019 to December 31, 2019 Summary of Total Investment Book Value by Fund Group 12131/19 General Fund $ 81309,798 Debt Service Funds 1,263,416 General Capital Projects Non Bond 11899,052 General Capital Projects Bond 28,549,495 Special Revenue Funds 317837926 Water & Sewer Fund 515405247 Utilities Funds - Restricted 91325,337 EDC 588,901 CDC 954$13 TOTAL $ 60,214,485 9/30119 $ 51498,542 102,069 1933,340 28,762,554 9312,541 45765,030 8:757, 719 591,617 9131351 $ 541636,765 Investment Holdings Investment Report October 1, 2019 to December 31, 2019 Description Yield Maturity Date Purchase Date December Book Value 31. 2019 Market Value ndependent Bank 1.92% 10/1/2019 $ 115055,714 $ 111055,714 Landmark Bank 1.76% 10/1/2019 $ 711815147 $ 71181:147 TexPool 1.74% 10/1/2019 $ 271455,219 $ 27,455,219 American Nat'l Bank CD #2883 2.84% 11/1/2019 11/1/2018 $ $ Landmark Bank CD #9376 2.51 % 11/10/2019 5/10/2019 $ $ Independent Bank CD #7896 2.37% 12/18/2019 6/21/2019 $ $ American Nat'l Bank CD #1745 2.86 % 3/20/2020 9/20/2018 $ 259,031 $ 259,031 Independent Bank CD #7879 2.42% 3/20/2020 6/20/2019 $ 506,332 $ 506,332 Legacy Texas CD #9449 1.90% 3/20/2020 9/20/2019 $ 251,314 $ 251,314 Independent Bank CD#7901 2.42% 3/21/2020 6/21/2019 $ 21026,195 $ 23025,195 American Nat'l Bank CD #4805 1.76% 4/29/2020 11/1/2019 $ 11002,893 $ 11002,893 American Nat'l Bank CD #2875 2.94% 5/1/2020 11/1/2018 $ 11033,830 $ 11033,830 Landmark Bank CD #6681 1.77% 5/10/2020 11/10/2019 $ 513,815 $ 513,815 Independent Bank CD #7902 2.47% 6/21/2020 6/21/2019 $ 506,429 $ 506,429 ndependent Bank CD #7899 2.47 % 6/21/2020 6/21/2019 $ 11012,858 $ 11012,858 American Nat'l Bank CD#2891 2.07% 8/1/2020 8/1/2019 $ 514,161 $ 514,161 Landmark Bank CD #6186 1.75% 8/1/2020 11/1/2019 $ 11002,877 $ 11002,877 Legacy Texas CD #6094 2,97 % 9/21/2020 9/20/2018 $ 259,378 $ 259,378 American Nat'l Bank CD #2883 1.81 % 11/1/2020 11/1/2019 $ 21062,915 $ 21062,915 American Nat'l Bank CD #4797 1.81 % 11/1/2020 11/1/2019 $ 11002,975 $ 11002,975 American Nat'l Bank CD # 1660 2.23% 12/18/2020 6/18/2019 $ 21061,975 $ 21061,975 ndependent Bank CD #7898 2.47 % 12/21/2020 6/21/2019 $ 506,429 $ 506,429 September 30. 2019 Qtr to Qtr Book Value Market Value Change $ 51206,537 $ 61206,537 $ 51849:177 $ 79150,831 $ 75150,831 $ 30,315 $ 309330,446 $ 30,330,446 $ (21875:228) $ 2,051,198 $ 25051,198 $ (2,0517198) $ 511,117 $ 511,117 $ (5115117) $ 503:214 $ 503,214 $ (503,214) $ 257:248 $ 257,248 $ 1,783 $ 503,315 $ 503,315 $ 3,017 $ 250:130 $ 250,130 $ 19184 $ 21013,128 $ 21013,128 $ 122067 $ $ $ 11002,893 $ 1,026,500 $ 15026,500 $ 77330 $ $ - $ 5137815 $ 503:350 $ 503,350 $ 39079 $ 12006:699 $ 11006,699 $ 69158 $ 511,530 $ 511,530 $ 21631 $ $ $ 19002,877 $ 2575527 $ 257,527 $ 11851 $ $ $ 21062,915 $ $ $ 11002,975 $ 2,050,645 $ 21050,645 $ 11,330 $ 503,350 $ 503,350 $ 31079 TOTAL $ 60,214,485 $ 60,214,485 $ 54,636,765 $ 54,636,765 $ 5,577,720 Portfolio Comparison Money Market Bank t)/ ,voi ■Bank ■CD ■Pools ■Money Market 3 2.5 2 1.5 1 0.6 Total Portfolio 70,000,000 60,00%000 60,000,000 ao,000,000 CD 24% 30,000,000 zo,o00,00o I I I I I I I I I I I I 10,000,000 0 Total Portfolio Performance Mar-17 lun-17 Sep-17 Dec-17 Mar-S8 Jun-18 Sep-18 Dec-18 Mar-19 lun-19 Sep-19 Dec-19 �Texpool Weighted Average Yield THE CITY OF Anna AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 2/25/2020 Consider/Discuss/Action on a Resolution to approve a contract for the purchase of a reserve Fire Engine, to include additional funding for equipment. (Fire Chief Ray Isom) SUMMARY: When the Department replaced Engine 1 a little over a year ago, it was known that the backup, Engine 2 was operating on borrowed time, approaching 20 years in service, well beyond the NFPA standard recommendations. As a backup reserve unit it is not under the stress of a first run apparatus. Staff has worked to run this reserve unit (as a backup apparatus) for as long as possible in an effort to get a few more years out of it. While Engine 2 has served well as the department's reserve Engine for many years, it's time has come. It is currently out of service due to ongoing mechanical challenges including multiple oil leaks, loss of engine compression (also called "blow -by"), turbo failure, air leaks, air compressor failure, faulty front brakes, aging front tires, and an inoperable air conditioner and heating system. Areas of concern include the following: • Engine 2 is a 2001 model Ferrara that was built on a commercial Freightliner chassis and purchased new. • The unit has been taken out of service for extended periods of time on multiple occasions. • Engine 2 has a oil leak inside the engine due to lack of compression in the upper half of the block (quote for repair is — $15,000). This repair would remove the unit from service for an extended period of time. • This vehicle has been operating beyond its intended service life for the previous 4 to 5 years. NFPA 1911 recommends 15 years of age service life. Anna Fire has established criteria for fire apparatus selection that centers around the following factors: Location of service centers, Preventative maintenance options, Utilization of certified mechanics, Availability of mobile repair service personnel, Availability of loaner and/or lease apparatus in the event of a major or long-term repair, Proven track record of reliability and safety, Meeting or exceeding industry standards, Warranty coverage, Manufacturer reputation and overall build quality. Siddons-Martin Emergency Group continues to meet our criteria and is the sole source for Pierce Fire Engines. We find ourselves in a situation that, in the event of a mechanical failure of Engine 1 (our current primary unit), Engine 2 would again be used to respond to calls in a primary capacity. Given the condition of Engine 2, we recommend consideration for replacement with a late model apparatus similar to Enginel . A used Engine has been located through Siddons-Martin that is currently serving as a font -line apparatus with the Coppell Fire Department. The Coppell Engine will be available in early Fall 2020 and has been extremely well maintained. Cost for the Coppell Engine is $259,000. Anna's Engine 2 has an appraised trade in value of $25,000 which would be applied to the cost. Additionally, a $10,000 down payment is required to secure the Coppell Engine until it is available. This $10,000 down payment will be applied to the final cost of the vehicle. An additional $50,000 is required to equip the new reserve engine with fire hose, rescue equipment, communication equipment, etc. This proposal is in alignment with the fire department's internal Strategic Plan and apparatus matrix which defines our vehicle acquisition and replacement schedule through FY 2040. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description Upload Date Type Fire Engine Resolution 2/12/2020 Resolution Agreement 2/11/2020 Backup Material Exhibit A 2/11 /2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AND AUTHORIZING EXECUTION OF SAME FOR THE PURCHASE OF A FIRE ENGINE FROM TEXAS FIRE TRUCKS (A DIVISION OF SIDDONS-MARTIN EMERGENCY GROUP). WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Fire Chief — in furtherance of the Fire Department's purpose of preserving and protecting the public health and safety of the City's residents — has, after extensive research, recommended that the City purchase a used fire engine for fire prevention and protection services, and specifically recommends that the City purchase a 2011 Pierce Velocity PUC Pumper, equipped with a 1,500 GPM Pump and 750 gallon tank ("Fire Engine"); and, WHEREAS, the City of Anna, Texas (the "City") has received a written quote attached as Exhibit A from Texas Fire Trucks (a division of the Siddons-Martin Emergency Group) to purchase the Fire Engine for the purchase price of $259,000 before trade-in of the 2001 Ferrara Pumper; and, WHEREAS, the City's Financial Policy adopted on September 28, 2010 by Ordinance No. 511-2010 requires that all purchases exceeding $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts from competitive bidding a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City's Fire Chief has advised the Council and the Council has found and determined that the purchase of the Fire Engine is necessary and essential to preserve the public health or safety of the City's residents; and WHEREAS, the City Attorney has advised that based on these findings competitive bidding is not required for the purchase of the Fire Engine as it falls under the exemption in Section 252.022(a)(2) of the Texas Local Government Code; and WHEREAS, the purchase price is contained in the written quote attached as Exhibit A offered by Texas Fire Trucks (a division of the Siddons-Martin Emergency Group): RESOLUTION NO. PAGE 1 OF 2 Fire Engine Purchase 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. Authorization of Contract Award. The City Council hereby authorizes the City Manager to execute on its behalf, subject to legal review and approval by the City Attorney, a contract with Texas Fire Trucks (a division of the Siddons-Martin Emergency Group) for the purchase of the Pierce Velocity Fire Engine, as shown on the written quotation attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t" day of February 2020. ATTEST: APPROVED: City Secretary Carrie L. Land Mayor Nate Pike RESOLUTION NO. Fire Engine Purchase PAGE 2OF2 RESOLUTION NO. PAGE 3 OF 2 Fire Engine Purchase Texas Fire Trucks 1841 South Lakeline Blvd, Suite 101 #129 Cedar Park Texas 78613 This is an agreement between the buyer, City of Anna Fire Department of Texas, and the seller, Texas Fire Trucks for Siddons-Martin Emergency Group. Purchase Agreement 1- 2011 Pierce Velocity Pumper Truck (Vin# 4P1CVOIA7BA011895) purchased for the sum of $259,000, Included in the price is the following: Apparatus shall have a current pump test. Ground ladders and emergency lights and sirens will also come with the apparatus. A trade in credit of $25,000 for a 2001 Freightliner Ferrara Pumper will be applied. The vehicle will be retained upon receiving a non-refundable down payment of $10,000.00 made out to Texas Fire Trucks, Mailed to: 1841 South Lakeline Blvd, Suite 101 #129 Cedar Park Texas, or can be wired to our bank The remaining balance of $224,000 is to be paid to Texas Fire Trucks by wire transfer or check at time of apparatus pick up. Upon receiving full payment the apparatus will become the property of the City of Anna Fire Department. This apparatus is purchased as is, where is, with no warranties written or implied. Upon final inspection, The City of Anna Fire Department has the right to request that, prior to acceptance, the seller repair to the satisfaction of the buyer any damages to the vehicle except those caused by normal wear and tear, with the understanding that this apparatus will be in service until the replacement apparatus arrives. If repairs are not made or the apparatus is deemed unrepairable, the deposit will be refunded by the seller. The vehicle should be available for pickup by the purchaser before October 15, 2020. Please indicate by your signatures that you approve the terms of agreement. Authorized Agent Date Erik Petocz Date City of Anna Fire Dept. Texas Fire Trucks Fire Tru% Texas Fire Trucks LLC 1841 South Lakeline Blvd Suite 101 # 129 Cedar Park Tx 78613 TO City of Anna Fire Department Anna Texas SALESPERSON JOB AYMENT TERMS Petocz Due on receipt Invoice DATE: FEBRUARY 12, 2020 NNLE:S:C�RIPTIO UNIT PRICE 1 2011 Pierce Velocity pumper truck, Cummins 450, 1500 gpm PUC pump, 750 tank, light tower. Pierce Vin#4P1CV01A7BA011895 $259,000 2001 Freightliner Ferrara Pumper Trade Credit $25,000 Truck will come with current pump test. Truck is currently in service until the new replacement arrives. $10,000 DEPOSIT REQUIRED $10,000 Truck is sold as is with no warranty DEPOSIT SALES TAX BALANCE DUE $224,000 Make all checks payable to Texas Fire Trucks Thank you for your business! THE CITY OF Anna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 2/25/2020 Consider/Discuss/Action on a Resolution approving funding for the purchase of a Brush Truck as part of a cost -share reimbursement grant awarded by the Texas Forest Service (Fire Chief Ray I som) SUMMARY: On 10/19/2018, Anna Fire Department was awarded a grant through the Texas Forest Service (TFS). After consulting with the City Manager, Mr. Proce, it was agreed that the grant should be accepted and utilized given the need to replace our existing Brush 2 which is our reserve unit. The cost -share reimbursement applies to a small truck chassis to be used primarily for wildland firefighting. The reimbursement payment is 90% of the actual cost of the chassis not to exceed $45,000. Due to lack of prior funding, this grant originally expired on 7/19/2019, however, current fire leadership secured an extension that concludes on 7/19/2020. In order for the city to receive reimbursement monies under this grant, purchase documents must be provided to TFS by 7/19/2020. If the documents are not received by this date, the grant will be cancelled and the city will forfeit the cost -share opportunity. This is the final extension allowed by TFS. In order to complete this purchase and take advantage of the grant, the fire department is requesting funds in the amount of $120,000 to begin the process of designing and building the new Brush Truck. This unit would then replace the current Brush 2 vehicle (a 2002 Ford F-350) which would be sold at auction. The current appraised value of Brush 2 is approximately $23,000. Upon delivery of the new Brush Truck, the grant reimbursement for $45,000 would then be applied to the overall cost, reducing it to a final out of pocket cost of approximately $52,000. The current Brush 1 unit (2016 F-450) will be reassigned to reserve status and the new Brush vehicle will assume the first -out response role. This proposal is in alignment with the fire department's internal Strategic Plan and apparatus matrix which defines our vehicle acquisition and replacement schedule through FY 2040. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description Resolution Grant award Extension Letter Upload Date Type 2/20/2020 Resolution 2/12/2020 Backup Material 2/12/2020 Backup Material ANNA FIR D PARTMENT CURRENT RESERVE - ENGINE 2 Pnnq E902N',9 FIRE -RESCUE a _ PROPOSED REPLACEMENT U E urasEr■ _ n• f G 1s.,_2 � v CIDP ELL P E R E XPARTMEHT DID 2018 201919020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2017 ENGINE 1 - Front Line 2021 QUINT 1- Front Line 2011 Reserve Engine 2017 ENGINE - Reserve 2023 ENGINE 2 - Front Line 2029 QUINT 1- Front Line 2021 QUINT - Reserve 2031 ENGINE 2 - Front Line 2023 ENGINE - Reserve 2028 ENGINE 3 - Front Line 2032 QUINT 4 - Front Line 2037 QUINT 1- Front Line 2029 QUINT - Reserve 2039 ENGINE - Front 2031 ENGINE - Res. 2036 ENGINE 3 - Front Line 2028 ENGINE - Reserve AERIAL APPARATUS � A- U ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- win CAB AXLE,FION ,,CUSiCN TRANSMISSION PUMPHOUSE CROSSLAYS,1.5a" 11EE6LAYS SAFETY CUSTOMER APPRC 7010 Notched Enforcer Cab, PJC 19,500 Lb T., Axle ILLison 5Lh Gen, 4000 CYs P ControL Zone, PALIPAP PUC (2) 1,50',FuLI Width Tr,, ,2.r 5peedLcys Not Required Side Roll and RURPER AXLE,REAR PUMP CROSSLAYS,2.5U" GENERATOR rantal Impact Protectio AFFROVI➢H: 19' Extended SLOinLess SteeL 44,000 Lb Meritor AxLe 1500 GPM Pierce PUC (1) 2.5O�,FuLL Width Troy,200' Generator Not Required DATE: DECISION TREE Neighbors Organization Department &L"Ro 91 Groups NUM 4! Individual Leader QUESTIONS? �.R:� � ._ . •- � CURRENT RESERVE - BRUSH 2 N7 Ilk I I - . .. LA od k• r•ijkF.-KT.scuE - -f -d5m PROPOSED REPLACEMENT 6:4 6 QUESTIONS? �.R:� � ._ . •- � CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING FUNDING FOR THE PURCHASE OF A BRUSH TRUCK AS PART OF A COST -SHARE REIMBURSEMENT PROGRAM THROUGH THE TEXAS FOREST SERVICE. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Fire Chief — in furtherance of the Fire Department's purpose of preserving and protecting the public health and safety of the City's residents — has, after extensive research, recommended that the City authorize funding for the purchase of a Wildland Fire Suppression Unit ("Brush Truck") for fire prevention and protection services; and, WHEREAS, the City of Anna, Texas (the "City") has been advised by the Fire Chief that the purchase of the Brush Truck will be no more than $120,000 before trade-in or auction of the 2002 Brush Truck and Texas Forest Service reimbursement for the cost of the chassis up to $45,000; and, WHEREAS, the City's Financial Policy adopted on September 28, 2010 by Ordinance No. 511-2010 requires that all purchases exceeding $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts from competitive bidding a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City's Fire Chief has advised the Council and the Council has found and determined that the purchase of the Brush Truck is necessary and essential to preserve the public health or safety of the City's residents; and WHEREAS, the City Attorney has advised that based on these findings competitive bidding is not required for the purchase of the Brush Truck as it falls under the exemption in Section 252.022(a)(2) of the Texas Local Government Code: 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. Authorization of Funds. The City Council hereby authorizes the City Manager to execute on its behalf, subject to legal review and approval by the City Attorney, an amount not to exceed $120,000 for the purchase of a Brush Truck. RESOLUTION NO. PAGE 1 OF 2 Brush Truck Purchase PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t' day of February 2020. ATTEST: APPROVED: City Secretary Carrie L. Land Mayor Nate Pike RESOLUTION NO. PAGE 2 OF 2 Brush Truck Purchase /_TTi arr- _riNIZA00 2 GT; PO BOX 776 AN NA, TX 75409 Dear Chief, TExAs A&M FOREST SERVICE October 19, 2018 Case: 857 County: COLLIN VFDE-Doc#: 900708 Your application for grant assistance under the Rural Volunteer Fire Department Assistance Program (HB 2604) has been APPROVED. The following items are qualified for cost -share reimbursement: Item SMALL TRUCK CHASSIS This _grant will expire on July 19, 2020 Our Maximum Cost -share Payment 90% of the actual cost, not to exceed $45,000.00 The attached guidelines describe your obligations under this program. Please indicate below whether you wish to accept or decline this grant, and return a signed copy to us within 14 days of receipt of this letter. Congratulations! Please contact us if you need additional information. ❑ Accept ❑ Decline Signature and Title Date Attached: 1) Special Requirements for Departments Acquiring Chassis 2) Affidavit of Non -Collusion 3) Minimum Standards and Specifications for Firefighting Vehicles 4) Notice to Purchasers of New Fire Trucks 5) Best Practices for Working with Fire Truck Converters Texas A&M Forest Service - Forest Resource Protection 200 Technology Way, Suite 1162 College Station, Texas 77845-3424 TEL (979) 458-6505 FAX 979/845-6160 TexasFD.com 71T TExAs A&M FOREST SERVICE Special Requirements for Departments Acquiring CHASSIS All Fire Departments receiving cost -share funding for the purchase of a chassis must comply with the following special requirements: 1. All department personnel must be trained in the proper operation and maintenance of trucks, pumps, systems, and related equipment. Personnel training must be documented. 2. All chassis acquired under this program must be maintained in firefighting service for a period of 10 years from the reimbursement check date. If a cost -shared vehicle is sold before the end of its 10-year service life under this program, the possessor may be required to reimburse the program for 90% of a prorated portion of the original grant amount. The possessor must notify the Texas A&M Forest Service in advance and must obtain clearance to sell or transfer a grant vehicle before the end of its 10-year service life. 3. All vehicles must meet the minimum standards described in the attachment "Minimum Standards and Specifications for Firefighting Vehicles." 4. An "Affidavit of Non -Collusion" must be completed, signed, and notarized by the Seller of a vehicle. The Fire Department must submit the completed affidavit to the Texas A&M Forest Service before a grant reimbursement may be paid. 5. The purchase of pre -owned chassis and equipment requires advance evaluation and approval by the TFS. An applicant must contact the TFS Capacity Building Department before purchasing a used chassis or used equipment. Failure to receive this special advance clearance may void your grant approval. 6. Chassis purchased, paid in full, prior to the award date are ineligible for reimbursement under this program. Responsibilities of the fire department following notice of grant approval: 1. Purchase the approved item or items. Remember to obtain advance approval for pre- owned chassis. 2. Provide the Texas A&M Forest Service with copies of all paid vendor invoices and copies of all checks or credit card statements, including the affidavit of non -collusion form. Please fax to (979) 845-6160. 3. Before a grant reimbursement can be issued a TFS agent must inspect the vehicle at the fire station. 4. Grants for firefighting vehicles will expire 9 months from the approval date. Extensions may be available upon written request. Effective 09101108 Revised 0612812019 STATE OF COUNTY OF Name Address City, State, Zip Telephone GENERAL AFFIDAVIT BEFORE NOTARY AFFIDAVIT OF NON -COLLUSION SELLER Name Address City, State, Zip Telephone VEHICLE INFORMATION PURCHASER Model Year Make Vehicle Identification Number Date of Sale Total Sale Price $ I, , the undersigned, being the duly authorized agent of the Seller, swear that the foregoing information is true and correct to the best of my knowledge, information, and belief, and that this document correctly states the total amount of consideration for the transfer of this vehicle. I further affirm that neither I nor the above business has been a party to any collusion with the Purchaser as to the Total Sale Price of the vehicle. I further affirm that the Total Sale Price is genuine, and is not a sham or collusive price made in the interest or on behalf of any person, and that the Seller has not directly or indirectly been induced or solicited to submit a sham Total Sale Price. By Date (Signature) Title STATE OF COUNTY OF Subscribed and sworn to before me this day of Signature of Notary Public 20 My Commission Expires Minimum Standards and Specifications For Firefighting Vehicles All firefighting vehicles funded under this program must meet the following minimum standards. These standards were developed to establish broad equipment categories for funding and review, they are not intended as "bid ready" equipment specifications. Departments are strongly encouraged to add capabilities and features as required to meet local needs. WEIGHT AND BALANCE The fully loaded and equipped operating weight of the vehicle must not exceed the Gross Vehicle Weight Rating (GVWR) of the vehicle as determined by the manufacturer, nor the Gross Axle Weight Rating (GAWR) of the vehicle as determined by the manufacturer. The vehicle weight must be balanced so that the vehicle is easy to control. The vehicle center -of -gravity must be low enough to safely operate in curves and on side slopes. The vehicle must have effective brakes that can stop the vehicle without brake fade. TANKS All vehicles must have a water tank with a minimum capacity of 200 gallons. All water tanks must be baffled. All water tanks constructed of mild steel must be protected from corrosion. SMALL BRUSH TRUCK A vehicle designated as a Small Brush Truck must meet the following design minimums: 200 Gallon Water Tank 100 GPM Pump @ 100 psi Ability to draft water a minimum of 12 vertical feet Two and one-half inch pump discharge LARGE BRUSH TRUCK A vehicle designated as a Large Brush Truck must meet the following design minimums: 500 Gallon Water Tank 250 GPM Pump @ 40 psi Ability to draft water a minimum of 12 vertical feet Two and one-half inch pump discharge Minimum 22,000 pound GVWR chassis TANKER A vehicle designated as a Tanker must meet the following design minimums: 1,000 Gallon Water Tank 250 GPM Pump @ 40 psi Minimum Dump Valve of 4'/2 inch (round or square) Ability to draft water a minimum of 12 vertical feet Minimum 22,000 pound GVWR chassis OTHER MINIMUM SPECIFICATIONS All slippery surfaces where personnel will step must have skid plates or abrasive surfaces to prevent personnel from slipping under wet conditions. Vehicle must have back-up alarm. Vehicle must have illuminated pump controls. Vehicle must have vehicle lighting and markings as required by law. Revised 06/28/2019 NOTICE TO PURCHASERS OF NEW FIRE TRUCKS The sale and lease of new motor vehicles in Texas is regulated by the Texas Occupations Code, Title 14, Regulation of Motor Vehicles and Transportation, Chapter 2301, Sale or Lease of Motor Vehicles. The law is administered and enforced by the Texas Department of Transportation (TXDOT). The law requires that vehicle manufacturers, converters, representatives, and franchised dealers be properly licensed and that they comply with certain standards of conduct. According to TXDOT interpretations, a franchised dealer, and only a franchised dealer, is legally allowed to sell a new fire truck in Texas. This applies whether the truck offered for sale is a manufactured vehicle or a converted vehicle. Manufactured Vehicles A fire truck that meets or exceeds the legal definition of a `fire -fighting vehicle" is considered a manufactured product and the entity that builds it is considered a "manufacturer". Manufacturers cannot sell motor vehicles directly to consumers in Texas, including municipalities, and must have at least one franchised dealer located in the state in order to maintain their license. Converted Vehicles A fire truck that does not meet the legal definition of a "fire -fighting vehicle" is considered a converted product (conversion). It is a new motor vehicle chassis that has something substantial done to it prior to being sold to an end -user. The entity that builds it is considered a "converter". Neither converters nor their representatives are allowed to sell converted vehicles directly to consumers. A new fire truck that is considered a conversion may only be sold to an end -user, including a municipality, by a Texas dealer franchised and licensed to sell the make of the chassis of the converted product. A licensed, franchised dealer must be listed as the seller or bidder of a new vehicle. This dealer must invoice the end -user for the entire purchase price of the vehicle including the conversion package, must obtain payment for the entire purchase price, and must perform the title work on the completed vehicle. WHAT SHOULD A FIRE DEPARTMENT DO? Comply with the law: ➢ Determine that the manufacturer or converter of a fire truck is properly licensed to do business in Texas. ➢ Determine that the fire truck is to be sold to the end -user by a licensed franchised dealer. 2. Contact Texas Department of Motor Vehicles for information: Telephone: 1-888-368-4689 Website: https://www.txdmv.gov/dealers Texas A&M Forest Service is providing this notice for educational purposes only, in an effort to promote compliance with the law. The final authority for communication, interpretation, and enforcement resides with the Texas Department of Motor Vehicles. Buyers and sellers of new fire trucks are encouraged to contact TXDOT directly for clarification and guidance. Revised 06/28/2019 Best Practices for Working with Fire Truck Converters "= Research and get feedback from other fire departments that have done business with the vendor(s) you are considering Have a detailed, written contract with a completion date 4 pe Be cautious of paying up front for services Make sure the work you're requesting is within the vendor's area of expertise TEXAS A&M FOREST SERVICE Rural Volunteer Fire Department Assistance Program (HB 2604) GRANT EXTENSION APPROVAL January 19, 2020 ANNA FIRE AND RESCUE INC Dear Chief: We have received your request to extend the deadline for completing the purchase of A SMALL TRUCK CHASSIS Grant. After reviewing your written justification for extension we are approving a 6 month extension from 01/19/2020 TO 07/19/2020 In order for your department to receive reimbursement under the grant program, we must receive your completed purchase documents by 7/19/2020 If the documents are not received by this revised date the grant will be cancelled. Please let us know if we can be of further assistance. Sincerely, DiviaNL4a -(979) 458-7338 Business Associate I Capacity Building Department Rural VFD Assistance Program dnutall(cr tfs.tamu.edu Forest Resource Protection Emergency Services Grants Unit 200 Technology Way, Suite 1162 College Station, TX 77845-3424 Tel979-458-6505 Fax 979-845-6160 THE CITY OF Anna AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 2/25/2020 Consider/Discuss/Action on a Resolution approving an Incentive Agreement for New Economic Development between the City of Anna and Waypoint Land and Capital, LLC (Economic Development Director Joey Grisham). SUMMARY: Waypoint Land and Capital, LLC owns approximately 14 acres at the northwest corner of US 75 and FM 455, just north of the Standridge property and south of the Anna Surgery Center. The developer plans to build at least one four-story apartment building in Phase I and one four-story apartment building in Phase 11, for a total of 300,000 square feet of space and approximately 330 total units. This project is estimated to be a $35,000,000 capital investment in the City of Anna that is estimated to bring in over $2.1 million in property taxes over 10 years (this does not include the future commercial pad sites on the frontage that will generate both property and sales taxes). The developer has requested that the City forego the collection of impact fees and park fees in order to make this project feasible as this is the first 100% market rate, urban multi -family product in this market. This project will provide density on the west side of US 75 and a different housing option for those seeking to rent including workers for the adjacent medical projects. The fees are as follows: Phase 1--roadway impact fees $277,744.50; water impact fees $90,202; wastewater impact fees $68,111; and park fees $330,000. Phase 11--roadway impact fees $272,694.50; water impact fees $90,202; wastewater impact fees $68,111; and park fees $324,000. The total of Phase 1 fees is $766,057.50 and Phase 11 fees are $755,007.50--Total $1,521,065. Per terms of the agreement, the developer has six months from the approval of the zoning change to submit an application for a building permit and three months after necessary building permits are approved and issued to commence construction on Phase 1. The developer has 30-months to complete Phase I construction. Phase II is contingent upon the success of Phase I and developer financing. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Approve Resolution entering into an Economic Development Incentive Agreement between the City of Anna and Waypoint Land and Capital, LLC. ATTACHMENTS: Description Resolution Agreement Concept Plan Upload Date Type 2/12/2020 Staff Report 2/20/2020 Staff Report 1 /24/2020 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING AN INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH WAYPOINT LAND AND CAPITAL, LLC WHEREAS, Waypoint Land and Capital, LLC, a Texas limited liability company, owns real property in the City of Anna consisting of approximately 14 acres (the "Property"); and WHEREAS, the Property is currently undeveloped and the Developer plans to develop the Property and use the Property as a site for commercial development including but not limited to two four-story apartment buildings and associated amenities including a resort style swimming pool, workout facility, business center/ common area internet lounge area, dog park and green/open space (the "Apartment Project") as well as approximately 40,000 square feet of additional commercial space including retail, office space, and other space for services/medical; and WHEREAS, the City currently lacks an establishment similar to the Apartment Project in the area of its proposed location to serve multifamily residential housing needs of the City; and WHEREAS, the City Council recognizes the positive economic impact that the Apartment Project will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new and expanded businesses enterprise, and the additional tax revenue; and WHEREAS, as an incentive to develop the Apartment Project, the Developer has requested that the City forego collection of impact fees and park fees applicable to the Property and the City is willing to grant that request under and subject to the terms and conditions of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Project, Agreement, and Expenditure The City of Anna City Council hereby authorizes and approves the Incentive Agreement for New Economic Development (the "Agreement") attached hereto as EXHIBIT A, CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 incorporated herein for all purposes. The City Council further authorizes the Mayor to execute the Agreement to bind the City for the limited purposes expressly stated therein. PASSED AND APPROVED by the City Council of the City of Anna this day of , 2020. APPROVED: Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT THIS INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Waypoint Land and Capital, LLC, a Texas limited liability company, or assigns ("Developer"). WHEREAS, Developer owns real property consisting of approximately 14 acres and described and depicted in further detail in the attached Exhibit A, which description will change based on several factors including detention/retention areas, civil engineering plans, and City Regulations (the "Property"); and WHEREAS, the Property is currently undeveloped and the Developer plans to develop the Property and use the Property as a site for commercial development including but not limited to all public improvements necessary to serve the Property, two four-story apartment buildings and associated amenities including a resort style swimming pool, workout facility, business center/ common area internet lounge area, dog park and green/open space (the "Apartment Project') as well as approximately 40,000 square feet of additional commercial space including retail, office space, and other space for services/medical; and WHEREAS, Developer will develop the Apartment Project in two phases. In Phase I, Developer will construct one or more four-story apartment building(s) with approximately 150,000 square feet and 165 units as well as all other aspects of the Apartment Project referenced in the preceding paragraph (collectively, "Phase I") with the sole exception of two or more four-story apartment building(s) with a minimum of 140,000 square feet and 162 units, which will be constructed in Phase II ("Phase II"); and WHEREAS, a proposed concept plan of the Property is attached hereto as Exhibit B, which sets forth the layout for public access, parking lots, traffic areas, fire lanes, buildings, amenities and other development aspects planned for development of the Property; and WHEREAS, the City currently lacks an establishment similar to the Apartment Project in the area of its proposed location to serve multifamily residential housing needs of the City; and WHEREAS, the City recognizes the positive economic impact that the Apartment Project, at a total estimated value of approximately $35,000,000, will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new and expanded businesses enterprise, and the additional tax revenue; and WHEREAS, as an incentive to develop the Apartment Project, the Developer has requested that the City forego collection of impact fees and park fees applicable to the Property and the City is willing to grant that request under and subject to the terms and conditions of this Agreement; and INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page I WHEREAS, as a condition for the Apartment Project to commence, the Zoning Change will need to be adopted by the City Council; and WHEREAS, this Agreement is a program under Chapter 380 of the Texas Local Gov't Code; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Agreement, the City and Developer agree as follows: Section 1. Effective Date. The Effective Date of this Agreement shall be the date that the last of the following events have occurred: (1) the City of Anna, Texas City Council ("City Council") has approved and adopted this Agreement and the Mayor has duly executed this Agreement; and (2) Developer has duly executed this Agreement. Section 2. Term, Termination, and Forfeiture of Incentive Grant. 2.01 The term of this Agreement shall commence on the Effective Date and shall terminate upon full performance of the Parties' respective obligations under this Agreement. 2.02 Notwithstanding the foregoing or any other provision of this Agreement, if Developer defaults by failing to timely submit an application for a building permit, timely Commence Construction, and/or timely construct or cause to be constructed, the Apartment Project, in accordance with the provisions of Section 4.01 of this Agreement the City will provide notice to cure to Developer pursuant to section 8.08. 2.03 If this Agreement is terminated by the City for Developer's failure to submit an application for building permit for Phase I or timely Commence Construction of Phase I, this Agreement shall terminate, Developer will not owe any of the Phase I Incentive Grant to the City, and both parties are relieved of any obligations hereunder including without limitation the City's obligation to forgo collection of any impact fees or park fees relating to any future development of the Property. 2.04 If Developer fails to timely Complete Phase I Construction, Developer will be required to pay the City liquidated damages as set forth in this paragraph. For each day that construction of Phase I remains uncompleted after the expiration of the 30-month deadline to Complete Phase I Construction (as required in Section 4.01) Developer shall owe the City the sum of $500 per day during any such period of construction being uncompleted during the first 90 days after expiration of said 30-month deadline. During the period of 640 days following said 90-day period Developer shall owe the City the sum of $1,126.65 per day that construction remains uncompleted until and unless the amount of the liquidated damages paid by Developer equals the amount of the Phase I Incentive Grant, at which time Developer's obligation to pay liquidated damages ceases. For example, if Phase I remains uncompleted for 100 days after the expiration of the 30-month construction deadline, Developer would owe the City $56,266.50 ($500 multiplied by 90 plus $1,126.65 multiplied by 10). All such sums owed shall be paid to the City within 10 INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 2 days after demand by the City. Any such sums owed are not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that Developer has failed to Complete Phase I Construction. The said sums are fixed and agreed upon by and between the City and Developer because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the City would sustain. 2.05 If Developer commences construction of Phase I but abandons Phase I before completion, after notice to cure and completing the dispute resolution process in Section 8.10, and termination by the City of this Agreement, the Phase I Incentive Grant shall be deemed to have been forfeited by Developer in full and the City shall be entitled to collect and Developer, within 30 days of termination under this paragraph, shall pay the City all impact fees and/or park fees that would have at the time of said termination — in the absence of this Agreement —been due and subject to collection in connection with the development of Phase I and the parties will have no further obligations hereunder. For the purposes of this paragraph Phase I shall be considered abandoned, if Developer either (a) clearly demonstrates that it has relinquished its rights hereunder or (b) without legal excuse, ceases work on Phase I and fails to resume work within a reasonable time thereafter. The City may cause this Agreement to terminate under this paragraph by following the notice and cure provisions and dispute resolution process set forth in Section 8.08 and 8.10 of this Agreement. The Developer's obligation to immediately pay all impact fees and/or park fees under this paragraph shall survive the termination of this Agreement to the extent that this Agreement is terminated under this paragraph. 2.06 If this Agreement is terminated by the City for Developer's failure to submit an application for building permit for Phase II or timely Commence Construction of Phase II, this Agreement shall terminate, Developer will not owe any of the Phase II Incentive Grant the City, and both parties are relieved of any obligations related to Phase II hereunder including without limitation the City's obligation to forgo collection of any impact fees or park fees relating to Phase II or any other development of the Property (save and except Phase I). 2.07 If Developer fails to timely Complete Phase II Construction, after approval of financing for Phase II by its lender and commencement of Phase II construction, Developer will be required to pay the City liquidated damages as set forth in this paragraph. For each day that construction of Phase II remains uncompleted after the expiration of the 30-month deadline to Complete Phase II Construction (as required in Section 4.01) Developer shall owe the City the sum of $500 per day during any such period of construction being uncompleted during the first 90 days after expiration of said 30-month deadline. During the period of 640 days following said 90-day period Developer shall owe the City the sum of $1,109.38 per day that construction remains uncompleted until and unless the amount of the liquidated damages paid by Developer equals the amount of the Phase II Incentive Grant, at which time Developer's obligation to pay liquidated damages ceases. For example, if Phase II remains uncompleted for 100 days after the expiration of the 30-month construction deadline, Developer would owe the City $56,093.80 ($500 multiplied by 90 plus $1,109.38 multiplied by 10). All such sums owed shall be paid to the City within 10 days after demand by the City. Any such sums owed are not to be considered as a penalty, but shall be deemed, taken and treated as reasonable INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3 liquidated damages, per day that Developer has failed to Complete Phase I Construction. The said sums are fixed and agreed upon by and between the City and Developer because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the City would sustain. 2.08 If Developer commences construction of Phase 11 but abandons Phase II before completion, after notice to cure and completing the dispute resolution process in Section 8.10, and termination by the City of this Agreement, the Phase II Incentive Grant as relates to Phase II shall be deemed to have been forfeited by Developer in full and the City shall be entitled to collect and Developer, within 30 days of termination under this paragraph, shall pay the City all impact fees and/or park fees that would have at the time of said termination —in the absence of this Agreement —been due and subject to collection in connection with the development of Phase II and the parties will have no further obligations hereunder. For the purposes of this paragraph Phase II shall be considered abandoned, if Developer either (a) clearly demonstrates that it has relinquished its rights hereunder or (b) without legal excuse, ceases work on Phase II and fails to resume work within a reasonable time thereafter. The City may cause this Agreement to terminate under this paragraph by following the notice and cure provisions and dispute resolution process set forth in Section 8.08 and 8.10 of this Agreement. The Developer's obligation to immediately pay all impact fees and/or park fees under this paragraph shall survive the termination of this Agreement to the extent that this Agreement is terminated under this paragraph. Section 3. Recitals Incorporated and Definitions. 3.01 The recitals in the preamble to this Agreement are hereby incorporated for all purposes. 3.02 The following words or phrases shall have the following meanings: "Certificate of Occupancy" means one or more documents entitled "Certificate of Occupancy" which allow full occupancy of all buildings within a phase in accordance with City Regulations. A Certificate of Occupancy shall not include a certificate issued based on a misrepresentation of facts by Developer. "City Code" means the Anna City Code of Ordinances. "City Council" means the governing body of the City of Anna, Texas. "City Regulations" mean City Code provisions, ordinances, design standards, uniform codes, and other City regulations and policies, including but not limited to the Development Standards set forth in Exhibit C. "Commence Construction" as relates to any given phase of construction, means to commence the work of constructing any part of the site preparation of such phase pursuant to the applicable civil engineering plans for the Apartment Project. "Complete Phase I Construction" means to complete the work of constructing INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 4 Phase I of the Apartment Project to the degree required to obtain a Certificate of Occupancy for all the units within the buildings required to be constructed in said phase. "Complete Phase II Construction" means to complete the work of constructing Phase II of the Apartment Project to the degree required to obtain a Certificate of Occupancy for all the units within the building required to be constructed in said phase. "Development" means the development of the Property including without limitation the construction of the buildings, public improvements and other improvements necessary to serve the Property the features shown on the concept plan Attached herein as Exhibit B, and the construction of the Apartment Project. "Development Standards" mean those standards set forth in Exhibit C, which said standards shall be applicable to the Property and enforceable under this Agreement as relates to development of the Property regardless of whether any of said standards would be enforceable by the City in the absence of this Agreement. "Phase I Incentive Grant" means the City's conditional obligation to forego the collection of the following fees as relates to the Development of Phase I in the following maximum amounts: (1) roadway impact fees - $277,744.50; water impact fees—$90,202; sewer impact fees - $68,111; and park fees - $330,000, (which includes fees in lieu of dedication as well as park development fees). "Phase II Incentive Grant" means the City's conditional obligation to forego the collection of the following fees as relates to the Development of Phase II in the following maximum amounts: (1) roadway impact fees - $272,694.50; water impact fees—$90,202; sewer impact fees - $68,111; and park fees - $324,000, (which includes fees in lieu of dedication as well as park development fees). "Parties" mean the City and Developer and their respective successors and assigns. "Public Improvements" mean those certain utility, roadway, drainage and other improvements that Developer is required to construct/install and dedicate to the City. "Zoning Change" means the change, if approved by the City Council, in the current Planned Development-765-2018 to allow for the additional use of MF-2, Multiple - Family Residential, High Density ("MF-2") as set forth in Section 9.04.020 of the Anna City Code of Ordinances as recommended for modification and amendment by the City of Anna Planning and Zoning Commission ("P&Z") acting on January 6, 2020 P&Z Meeting Agenda Item No. 913, Applicant: Nathan McCartney with modified development standards as set forth in this Agreement and in the proposed zoning ordinance attached hereto as Exhibit D. Section 4. Developer Obligations. The obligations set forth in this Section 4 are conditions for the Incentive Grant. 4.01. Location and Construction Deadlines. The Apartment Project shall be located within the Property consistent with the concept plan attached hereto as Exhibit B. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5 Assuming that the Zoning Change is approved by the City Council, Developer shall submit an application for a building permit for Phase I within six months of said approval of the Zoning Change. Developer shall Commence Construction on Phase I on or before the expiration of three months after the building permits necessary to Commence Construction on Phase I are approved and issued by the City. Developer shall Complete Phase I Construction on or before the expiration of 30 months after the construction permit(s), excluding the grading permit, for Phase I are approved and issued by the City. If Phase II is approved by Developer's Lender, Developer shall submit an application for a building permit for Phase II within six months of the City's issuance of a Certificate of Occupancy for all buildings required to be constructed in Phase I. Developer shall Commence Construction on Phase II on or before the expiration of three months after the building permits, excluding any grading permit, necessary to commence construction on Phase II are approved and issued by the City. Developer shall Complete Phase II Construction on or before the expiration of 30 months after the building permit(s) for Phase II are approved and issued by the City. 4.02. Performance Bond, Payment Bond and Other Security. Developer shall include in every contract with a subcontractor that will work on any of the Public Improvements a clause that requires the subcontractor to execute or cause to be executed one or more valid performance bonds in favor of the City for the construction, work and materials necessary to complete the Public Improvements. Said bonds may be dual obligee bonds and shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations, except that the bonds shall be in an amount that is 110% of the contract price for each subcontractor's construction contract for any part of the Public Improvements and shall contain a provision that increases the amount of the bond to the extent that the contract price increases by change order. Developer shall further execute or cause to be executed a valid Maintenance Bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Public Improvements, arising from defective workmanship or materials used therein, for a full period of two years from the date of final acceptance of the Public Improvements constructed under any such contract(s). 4.03. Public Improvements Generally. Developer shall provide or cause to be provided all Public Improvements as shown in the concept plan in Exhibit B, which includes the required streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to the City and in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Developer shall cause the timely installation of such improvements in accordance with the City Regulations unless otherwise approved herein. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans must be approved by the City's engineer or his or her agent prior to approval of a final plat of any portion of the development of the Property. Construction of such improvements shall not be initiated until a preconstruction conference has been held regarding the proposed construction and City has issued a written notice to proceed. The City may not substantially increase the required Public Improvements from those shown in Exhibit B. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 6 4.04. Approval of Plats/Plan. Approval by the City, the City's Engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Designer's engineer, his officers, agents, servants or employees. 4.05. Insurance. (a) Developer shall contractually require all of its subcontractors that will perform any of the construction work related to the Public Improvements to acquire and maintain, during the period of time when any of the Public Improvements are under construction (and until the full and final completion of the Public Improvements and acceptance thereof by the City: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Public Improvements construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Developer is not responsible for the failure of any construction contractor to fail to perform pursuant to this paragraph unless Developer fails to contractually require and enforce the obligation of its subcontractors to obtain and maintain insurance in accordance with this Section 4.05. (b) Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A- I" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non - renewal or modification of same, the City shall receive written notice of such cancellation, non -renewal or modification. 4.06. Developer Pays All Fees and Costs. After notice to cure and completing the dispute resolution process in 8.10, and termination by the City of this Agreement, the Incentive Grant shall consider to have been forfeited, if Developer fails to timely pay, without legal justification or a good faith dispute, its engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, development fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, inspection fees, impact fees not included in the Incentive Grant, insurance premiums, bond premiums (if applicable), interest, carry cost, financing fees and all other fees, costs and expenses incurred in connection with the construction of the Public Improvements. If the Incentive INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 7 Grant is forfeited under this paragraph, Developer, within 30 days of termination under this paragraph, shall pay all impact fees and/or park fees that would have at the time of said forfeiture —in the absence of this Agreement —been due and subject to collection in connection with the development of the Property and the parties will have no further obligations hereunder. The Developer's obligation to immediately pay all impact fees and/or park fees under this paragraph shall survive the termination of this Agreement to the extent that this Agreement is terminated under this paragraph. 4.07. City Regulations. Developer acknowledges that development of the Property must comply with all applicable City Regulations, which shall be enforceable under this Agreement. Except to the extent this Agreement provides for stricter or more restrictive requirements than those in applicable City Regulations, the applicable City Regulations shall control. This Section 4.07 shall survive the termination of this Agreement. 4.08 Zoning Change. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve the Zoning Change. The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve the Zoning Change. Section 5. Incentive Grant. The City hereby agrees to provide the Incentive Grant to the Developer as conditioned under the terms of this Agreement. Section 6. Buy Local Provision. 6.01. Developer agrees to use its commercially reasonable efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor that have a proven track record of successful experience in similar multifamily construction, of this size and quality, and have good references from similar projects, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. 6.02. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes ferns, businesses, and persons who reside in or maintain an office within a 75-mile radius of Collin County. Section 7. Warranties. The accuracy of the warranties set forth in this Section 7 are conditions for the Incentive Grant to continue to be in effect. Developer shall notify the City if and when any of the following warranties are no longer accurate. The failure to so notify the City is a material breach of this Agreement. Developer warrants and represents to the City the following: 7.01. Developer is a Texas limited liability company duly organized, validly existing, and in good standing under the laws of the State of Texas. Developer has all corporate power and authority to carry on its business as presently conducted in the State INCENTIVE AGREEMENT FOR NEW ECONONIIC DEVELOPMENT Page 8 of Texas. 7.02. Developer has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. 7.03. Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges related to the Development, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. 7.04. Any entity(ies)/individual(s) executing this Agreement on behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. 7.05. In accordance with Chapter 2264 of the Texas Government Code, Developer certifies that neither it, nor a branch, division, or department of Developer, will ever knowingly employ an undocumented worker and that if, after receiving any public subsidies under this Agreement, Developer, or a branch, division, or department of Developer, is convicted of a violation under 8 U.S.C. § 1324a(f), as amended or recodified, Developer shall repay the total amount of all public subsidies and/or incentives theretofore received under this Agreement with interest at two percent (2%) per annum not later than the 120th day after the date the City notifies Developer in writing of the violation. The Developer does not boycott Israel and will not boycott Israel during the term of this Agreement. 7.06. No litigation or governmental proceeding is pending or, to the knowledge of Developer and its general partner and officers, is threatened against or affecting Developer, or the Development or the Property, that may result in any material adverse change in Developer's business, properties or operation. Notwithstanding anything to the contrary, to the extent that the Developer assigns its rights and obligations hereunder, the assigning Developer is released of its duties under this paragraph. 7.07. Developer shall not be in breach of any other contract by entering into and performing this Agreement. Developer shall amend or enter into any other contract that may be necessary for Developer to fully and timely perform its obligations under this Agreement. Section 8. Miscellaneous. 8.01. Compliance with Laws. Developer shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments related to the Development. 8.02. Non -Discrimination. Developer covenants and agrees that Developer will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services for the Development on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 9 8.03. Time Periods. Time is of the essence in the performance of this Agreement. 8.04. Force Majeure. If the City or Developer are prevented, wholly or in part, from fulfilling their respective obligations under this Agreement, by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, war, riot, civil commotion, insurrection, inclement weather, floods, shortages of labor or materials, strikes, other events of force majeure, or by reason of circumstances beyond its control, then the obligations of the City, the City or Developer are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 8.05. Assignment ' ssi nment. Except as provided below, Developer may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City Council and the City, which approval will not be unreasonably withheld or delayed. The City agrees, however, that Developer may assign all or part of its rights and obligations under this Agreement to any entity affiliated with Developer by reason of controlling, being controlled by, or being under common control with Developer or to a third -party lender advancing funds for the construction or operation of Public Improvements. The City expressly consents to any assignment described in the preceding sentence and agrees that no further consent of City Council or the City to such an assignment will be required. Developer agrees to provide the City with written notice of any such assignment. Any assignment of Developer's rights under this Agreement shall release Developer from its obligations hereunder to the extent such obligations are assigned. 8.06. INDEMNITY. DEVELOPER COVENANTS TO FULLY INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS THE CITY AND ITS OFFICERS, OFFICIALS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND ASSOCIATED EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES THAT RELATE IN ANY MANNER TO DEVELOPER'S PERFORMANCE OF THIS AGREEMENT OR TO THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE PUBLIC IMPROVEMENTS AND ANY OTHER IMPROVEMENTS OR CONSTRUCTION RELATED TO THE DEVELOPMENT, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGE TO PUBLIC PROPERTY. THE INDEMNITY PROVIDED FOR ABOVE SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRING INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 10 NEGLIGENCE OR FAULT OF CITY AND DEVELOPER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. DEVELOPER'S OBLIGATIONS UNDER THIS SECTION 8.06 SHALL SURVIVE THE TERM OF THIS AGREEMENT. 8.07. Events of Default by Developer. In addition to other events of default by Developer set forth in this Agreement, each of the following events constitute a default of this Agreement by Developer: (a) Developer makes an assignment for the benefit of creditors. (b) Developer files a voluntary petition in bankruptcy or is adjudicated insolvent or bankrupt. (c) If taxes owed to the City by Developer become delinquent, and Developer fails to timely and properly follow the legal procedures for protest or contest. (d) Developer fails to timely, fully and completely comply with any one or more of the material requirements, obligations, duties, terms, conditions or warranties of this Agreement, including without limitation City Regulations. 8.08. Notice of Default. Should the City determine that Developer is in default according to the terms of this Agreement, the City shall notify Developer in writing of the event of default, and provide 60 days from the date of the notice ("Cure Period") for Developer to cure the event of default; provided, however, that if the breach or default cannot reasonably be cured within such period but diligent efforts to cure promptly commence, then the Cure Period shall continue for a period not to exceed a total of 90 days from the date of the notice. 8.09. Results of Uncured Default by Developer. If any default —other than a default under paragraphs 4.01 of 2.02 herein, and subject to the dispute resolution paragraph herein —by Developer persists beyond the Cure Period and the completion of the dispute resolution procedure and the City terminates this Agreement, the Developer shall pay the City the amount of the Incentive Grant to the extent that the same would have at the time of said termination —in the absence of this Agreement —been due and subject to collection in connection with the development of the Property. If the City acts to collect any amounts due hereunder or Developer contests the termination, the prevailing party is entitled to collect its attorneys' fees and related expenses. Upon full payment by Developer of all sums due, the City and Developer shall have no further obligations to one another under this Agreement. Neither the City nor Developer may be held liable for any special or consequential damages. 8.10 Dispute Resolution. For any disputes between the Developer and the City as specified herein, before City terminates this Agreement for an alleged default or filing a lawsuit against Developer, the parties shall endeavor to resolve the dispute between INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 11 them by nonbinding mediation. A request for mediation shall be made in writing and delivered in accordance with the notice provisions sated herein. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Collin County, Texas. 8.11. No Waiver. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of this Agreement. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. Any waiver or indulgence of Developer's default may not be considered an estoppel against the City. It is expressly understood that if at any time Developer is in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of the rights and remedies that the City may have, will not be considered a waiver on the part of the City, but the City may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 8.12. Limitation of Remedies. The parties hereto specifically agree that neither party shall be liable to the other party for any actual or consequential or incidental damages, direct or indirect, or interest for any act of default under the terms of this Agreement. 8.13. Notices. Any notice and/or statement required and permitted to be delivered under this Agreement shall be deemed delivered depositing the same in the United States mail, certified with return receipt requested, proper postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the Parties in in accordance with this provision. DEVELOPER: CITY: Waypoint Land and Capital, LLC Nathan McCartney 1999 Bryant Street, Suite 900 Dallas, Texas 75201 City of Anna Attn.: City Manager P.O. Box 776, Anna, Texas 75409-0776 Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 12 Notice is effective upon deposit in the United States mail in the manner provided above. 8.14. Incorporation of Other Documents. The Exhibits referenced in this Agreement and attached hereto are incorporated herein as if set forth in full for all purposes. Said Exhibits include the following: Exhibit A — Legal Description of the Property Exhibit B — Concept Plan Exhibit C — Development Standards Exhibit D — Proposed Zoning Ordinance 8.15. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 8.16. Relationship of Parties. In performing this Agreement, both the City and Developer will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. At no time shall the City have any control over or charge of Developer's design, construction or installation of any of the infrastructure or public improvements that are the subject of this Agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise between the City and Developer. 8.17. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 8.18. Severability. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the Parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 8.19. Venue. Venue for any legal action related to this Agreement is in Collin County, Texas. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 13 8.20. Interpretation. The Parties have been represented by counsel of their choosing in the negotiation and preparation of this Agreement. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 8.21. Sole Agreement. This Agreement constitutes the sole agreement between the City and Developer as relates to the Development. Any other prior agreements, promises, negotiations, or representations related to the Development, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 8.22. Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 8.23. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 8.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and the binding agreement of each Party to the terms herein, but all of which together will constitute one and the same instrument. 8.25. Recording. The Parties agree that this Agreement and any memorandum or short form of this Agreement may be recorded and that this Agreement shall run with the land. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 14 EXECUTED BY THE PARTIES: WAYPOINT LAND AND CAPITAL, LLC, a Texas limited liability company By: �l Nathan Mc artney, its Manage State of Texas County of Collin Before me, on this day personally appeared Nathan McCartney, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Manager of Waypoint Land and Capital, LLC for the purposes and consideration therein expressed. Given under my hand and seal of office this Z day of ti 2020. r MIA DODD L7 Notary Public, State of Texas My Comm. Up. 07-30-2023 L' ID No.13210914S Notary-- State of Texas CITY OF ANNA, TEXAS in - Nate Pike, Mayor State of Texas County of Collin Before me, on this day personally appeared Nate Pike known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Mayor of the City of Anna, Texas. Given under my hand and seal of office this day of Notary — State of Texas 2020. INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 15 Exhibit A Legal Description of the Property LEGAL DESCRIPTION BEING a tract of land situated in the W S Rattan Survey, Abstract No. 752. City of Anna, Texas and being part of a tract of land described in deed to One Anna Two, Ltd., recorded in Instrument Nos. 20070201000151600 & 20070201000151610, Official Public Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point at the southeast end of a right-of-way corner clip located at the intersection of the south right-of-way line of Suzie Lane (a 30-foot wide right-of-way) with the west right-of-way line of U.S. Highway No 75 (a variable width right-of-way); THENCE with said west right-of-way line, South 7"37'00" West, a distance of 848.16 feet to a point for corner, THENCE departing said west right-of-way line, South 89"13'59" West, a distance of 659.32 feet to a point for corner in the east right-of-way line of Standridge Boulevard (a variable width right-of-way)', THENCE with said east right-of-way line, the following courses and distances: North 0"46'01" West, a distance of 664.47 feel to a point at the beginning of a tangent curve to the right having a central angle of 1'48'11", a radius of 620.03 feet, a chord bearing and distance of North 0°08'05" East, 19.51 feet; In a northeasterly direction, with said curve to the right, an arc distance of 19.51 feet to a point for corner at the southwest end of a right-of-way corner clip located at the intersection of said east right-of-way line of Standridge Boulevard with said south right-of-way line of SUZIe Lane, THENCE with said right-of-way corner clip. North 50°48'21" East, a distance of 39.85 feet to a point for corner at the northeast end of said right-of-way corner clip, THENCE with the south right-of-way line of said Suzie Lane. the following courses and distances. South 80°48'39" East, a distance of 12.54 feet to a point at the beginning of a tangent curve to the left having a central angle of 57°41'07", a radius of 230.00 feet, a chord bearing and distance of North 70°20'47" East, 221.91 feet, In a northeasterly direction, with said curve to the left, an arc distance of 231.56 feet to a point for corner; North 41°30'14" East, a distance of 110.79 feet to a point at the beginning of a tangent curve to the right having a central angle of 56'06'46", a radius of 170.00 feel, a chord bearing and distance of North 69°33'37" East, 159 92 feet, In a northeasterly direction, with said curve to the right. an arc distance of 166.49 feet to a point for corner, South 82°23'00" East, a distance of 281.75 feet to a point for corner at the northwest end of said right-of-way corner clip located at the intersection of said Suzie Lane with said U S Highway No 75, THENCE with said right-of-way corner clip, South 37°23'00" East, a distance of 42 43 feet to the POINT OF BEGINNING and containing ±14 acres of land This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not lc be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. J. ANDY DOBBS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6196 J. ANDY D B8 13455 NOEL ROAD .............. .... TWO GALLERIA OFFICE TOWER `• ,0 6 `:Pp SUITE 700 l 94, SS1��yo DALLAS, TEXAS 75240 .• S R PH. (972) 770-1300 U ANDY.DOBBSOKIMLEY-HORN.COM �� V-I,;hii R Concept Plan + tea- '% a i IL r I - �1I +! -- -- _ ..' , MR HiPoint, Block A, Lots 1 & 2 ANNA,TEXAS WAYPOINT Exhibit C Development Standards The Developer shall comply and shall cause all contractors, subcontractors, builders other persons and any successors or assigns to comply with the following: A. All multi -family buildings and structures shall have at least thirty percent (30%) of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas (should be allowed as plane break), constructed of manufactured stone or brick with no more than thirty percent (30%) consisting of Stucco, no more than thirty percent (30%) consisting of fiber cement siding and no more than ten percent (10%) consisting of metal panel. 1. B. Roof materials for buildings and structures must be architectural roof shingles, TPO type roofing materials and/or parapet. 2. C. Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. D. Border fencing of stone, iron, or masonry construction of not less than six feet in height and not more than eight feet in height shall be installed along the property line on any perimeter not abutting a public street. The stone, iron, or masonry wall shall have stone or masonry columns at a maximum distance of 50-foot centers. Fencecrete, iron, tubular steel may be permitted with stone or masonry columns at a maximum distance of 30-foot centers with approval by the City Council. E. Refuse containers shall be screened from view on 3sides by a wall of masonry not less than eight feet in height or by an enclosure within a building. Solid metal gates of an equal height to the screening must be provided for all openings. F. A covered entry area shall be designed at the main entry to each building. G. Four architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but is not limited to: 1) Articulation of building fagade 2) Extensions to the building through covered porches, bay or box windows, and other similar features projecting out from the fagade 3) A horizontal change in building materials between stories of a building 4) Variation in building materials between vertical intervals 5) Variations in window placement 6) Architectural features such as shutters, awnings, balconies, verandas, railings, dormers, chimneys, decorative moldings or ornamental details 7) Other similar design features H. Architectural detailing, horizontal off -sets and other features shall be provided on all sides of the building to avoid blank walls and large, monolithic masses. I. No building fagade may exceed a length of 100 feet without a break in the fagade of a minimum depth of 2 feet for a minimum length of 10 feet. J. Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. Exhibit D Proposed Zoning Ordinance 1033200-v1/15841-002000 VICINITY d C � Love's Travel Stop C 0 o SUZIEZqN ® 0 ALL DRIVEWAY CUTS ON STREETS AND HIGHWAYS MAINTAINED BY "s, o 30'R 0 E THE TEXAS DEPARTMENT OF TRANSPORTATION TXDOTI (E.G. ROADS HIGHWAYSI MEET THE 6F oPRccT STATE SHALL ,RE�UIREMfNTS TXDOT'S ACCESS MANAGEMENT MANUAL AS MAY BE AMENDED AND ROADWAY DESIGN MANUAL (AS MAY BE AMENDED , AS APPLICABLE FOR THE SPACING AND DESIGN OF THE TI ►' DRIVEWA ,UNLESS CITY STANDARDS ARE MORE STRINGENT, IN WHICH CASE CITY STANDARDS SHALL BE MET. ------ slayter I'1 Creek Park � 1 'e j ' C II I j RETAIL I I Anna I _ W Wh§e Natural Springs Part Q ® M, 3 ® 0 Canin [ounT soar [cop 965 " C-" °w 'EALE NTS L_ — — CADG HURRICANE CREEK LLC 1800 VALLEY VIEW LN. #300 DALLAS, TX 75234 221'-0" = 57'41'07"- R = 230.00" N80°48'39"E L = 231.56' 12.54' CB = N70 20'47"E C = 221.91' CALLED 23.914 ACRES ANNA INVESTMENTS, LLC 0=5606'46"- I NST. NO. 20180622000777080 R= L=166.1.49' O. P. R. C. C.T. CB = S3723'00"E C=159.92' "nlvc ---L-0„ �=pSC (�' R.O.W.) APE BUFFERI �e 11 S SIDEWALK Fq z�l`V �x75' S8 ✓F� i S � 2"13' / LL BO 220'-0" I` a GATE •�\O Q 1 I I Ip� I I n TRASH a I s N50'48'21'E /BILL 39.85'EASE7NE - d / A=0148'11" I _J R = 620.03" L=19.51' I CB = N00°08'051 C=19.51' I 1 1 , I , I I I I 0 zn N I 1 I DETENTION/ w , PARK Q I I W I I � I BLOCK A, LOT 1 9 ACRES / 392,040 SF CN I I I � I I I 4%1' - ---- - - ---- - - - D26' FIRE LANE D M IF IES ALL BOX _ " v co Lu d U ' GATE J � Q of > I J \ I \ O I �� 0 \'\ W �— ❑ ❑ ❑ , \ i 11 z ❑El V N I I 11 I 0 ❑ I ❑❑❑ I I , I I , J � I < I Q J I 1 1_1_1 o � I I L.L 1 - I 0 I 3 5,. 1 I N I I �1 I I Q m I I I Q I W RETAIL PAD SITES 4 11,695 SF I 80 PARKING Q I� I (20'-0") I o o I 1 I I" I e 1 I I I I I I S I I 1 Cq I RETAIL PAD SITES 3 I a 11,695SF I I 53 PARKING SPACES I 1 STORY I (20'-0") I I I I _ 1 I I I TRASH I '� —' I.L^,r 0 V W I I► RETAIL PAD SITES 2 11,695 SF 77 PARKING SPACES 1 STORY (20'-0") I TRASH D I ' I I I I I I v 0 j I I II , II _ I I (45- ") I I I RETAIL PAD SITES 1 z I� 11,695 SF 55 PARKING SPACES 60 II I STORY (20'-0") - I ---- - - ---- - - ---- - - 26' FIRE LANE a D I I� 25-0"BLDG SETBACK — — — — — 9'-F9NI=PE'MFER— 8' METAL FENCE f PROPERTY LINE 420,60' N08'23'03"W 273.53' N0823'03"W ONE ANNA TWO LTD 15640 QUORM DRIVE ADDISON, TX 75001 N MR HIPOINT - SITE PLAN SCALE 1 "=60'-0" 0 1020 60 120 160 I I ^ h BL CK A, V OT 2 I 4. A 'RES / 2 ,962 SF 1 I I I 1 I I I 1 I I I II I I I ' I , I I ' I I , 1 ' I I I ' 1 , I 1 , z ' ' J z I I, 0 I ' ' Q ' I W ' w I , W I I I 0O a I I � I � PSk, I I , I , I , I , I , I I I ; � 1 I I I� I I ' I oo, 1 � I I ' I I �I I I I I , I II I , � I I I I I I I I I I I I 281.75' RETAIL RETAIL I I � 1 ' I II 1 mo Ij I', �i �; RETAIL 1 � I� II II I, RETAIL I; I 1 II I -- ---- --- ---- ---- ---- ---- --- I 1 I ' 1 _ z RETAIL j N I I I I RETAIL ZT m� I j RETAIL I q 1 I N 1 I 1 I ' I / 1 . / 1 . 1 1 / RETAIL I 1 1 I GREENS I 1 0 RETAIL v I PLAZE j I I , A r Nd I GREENS T AS AN SURVEY ST CT N . 82 RETAIL i / / AIL / / / RETAIL DETENTION POND I I I L - — — /1 � MR HIPOINT -SITE PLAN L SCALE 1 "=200'-0" SITE DATA TABLE GENERAL SITE DATA BLOCK A LOT 1 BLOCK A LOT 2 ZONING PD C-1 PROPOSED USE MODIFIED MF-2 C-1 LOT AREA 9 ACRES (392,040 SF 4.8 ACRES (211,962 SF BLDG FOOTPRINT AREA 76,768 SF 46,780 SF PAVING AREA 155,479 SF 95,520 SF BUILDING HEIGHT 45' 20' LOT COVERAGE 59.24% 67.13% FLOOR AREA RATIO 1.77 1.22 ZONING REQUIREM ENTS*BLOCK A LOT 1 BLOCK A LOT 2 MF-2 PROPOSED NO PROPOSED CHANGES FROM BASE ZONING FOR C-1 (LOT 2) MAXIMUM BLDG HEIGHT 45' 45' SIDE YARD INTERIOR 10' 25' SIDE YARD CORNER 25' 25' REAR YARD 25' 25' FRONT YARD 25' 25' LOT AREA 5,000 SF 9 ACRES (392,040 SF MIN. LOT WIDTH 50' EXCEEDS REQ. MIN LOT DEPTH 120' EXCEEDS REQ. MAX LOT COVERAGE 40% 59.24% BUILDING SIZE NONE N/A MASONRY % 90% 40% MINIMUM DENISTY W/ SPRINKLER 25 UNIT/ARCE 36.67 UNIT/ARCE MULTIFAMILY UNITS # OF STUDIO UNITS 33 # OF 1 BDRM UNITS 173 # OF 2 BDRM UNITS 116 # OF 3 BDRM UNITS 8 PARKING MF-2 PROPOSED REQUIRED 612 2 PARKING SPACES/UNIT 454 1P/lBR+2P/2BD+2P/3BR PROVIDED 1464 *DEVELOPMENT IS LOCATED IN THE THOR OVERLAY DISTRICT F.M. ROAD. 455 IA VARIABLE WIDTH R.O.W.) PREPARER: UD ARCHITECTS DARREN DOBBINS 4345 LINDBERGH DRIVE ADDISON, TEXAS 75001 V-972-392-2838 CURRENT PROPERTY OWNER ONE ANNA TWO, LTD 15640 GUARUM DRIVE ADDISON, TEXAS 75001 V-214-363-1998 DEVELOPER HiRISE PARTNERS, LLC NATHAN McCARTNEY 1616 WABASH AVE. FORT WORTH, TEXAS 76107 V-817-913-2133 TITLE BLOCK FOR CITY APPROVALS CONCEPT PLAN (MR HIPOINT) BLOCK A, LOT 1 MULTIPLE -FAMILY RESIDENCE GROSS ACREAGE:9 ACRES (MR HIPOINT) BLOCK A, LOT 2 RETAIL GROSS ACREAGEA.8 ACRES CITY OF ANNA, COLLIN COUNTY, TX W.S. RATTON SURVEY, ABSTRACT NO.752 DECEMBER 30, 2019 ARCHITECTS United Design Architects 4345 LINDBERGH DR. ADDISON, TX 75001 972-392-2838 www.studioUDA.com REVISIONS PROJECT # 19000 DATE 01-01-2020 SHEET # Al-01 XXX BLDG PLAN THE CITY OF Anna AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 2/25/2020 a. Conduct a public hearing to consider public comments on the request to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and County Road 455 in order to allow the additional land use of multiple -family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. (Applicant: Nathan McCartney) b. Consider/Discuss/Action on an Ordinance approving the request to amend the zoning of Ordinance-765-2018 to allow for the additional land use of multiple -family residence with modified development standards. (Director of Development Services Ross Altobelli) c. Consider/Discuss/Action on a Resolution regarding the Concept Plan, MR HiPoint, Block A, Lots 1 & 2, associated with the rezoning request. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is requesting to amend the zoning of the subject property to allow for the additional land use of multiple -family residence. For additional information please refer to the attached staff report. A concept plan, MR HiPoint, Block A, Lots 1 & 2, accompanies this request. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Zoning & Associated Concept Plan - The Planning & Zoning Commission recommended approval (6-1) at their January 6, 2020 meeting. ATTACHMENTS: Description Location Map Zoning staff report Ordinance Ordinance Exhibit A Ordinance Exhibit B Resolution Resolution Exhibit Upload Date Type 1/21/2020 Exhibit 1 /21 /2020 Staff Report 2/13/2020 Ordinance 1 /23/2020 Exhibit 2/13/2020 Exhibit 2/13/2020 Resolution 2/13/2020 Exhibit Public Hearing= Rezoning Amend Planned Development=765=2018 THE CITY OF Anna THE CITY OF nna n ►A City of Anna Strategic Plan Anna Vision 2034 Principle 1: Community of Families i. Life cycle family housing for all generations. Principle 3: Beautiful Community i. Design standards that promote beautiful and enduring buildings and commercial areas. THE CITY OF Anna n ►A City of Anna Strategic Plan Cont. Anna Vision 2034 Principle 5: Great Housing Opportunities. i. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family and single-family rental housing. THE CITY OF Anna n ►A City of Anna Strategic Plan Cont. City of Anna Goals for 2024 Sustainable Anna Community Through Planned, Managed Growth i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. THE CITY OF Anna n Comprehensive Plan Future Lane Use Map — Commercial II 1L 1whimilwil THE CITY OF �inna n ►A Issues A. Residential uses B. Open space adjacent to expressway corridors C. Design standards THE CITY OF Anna n ►A PD Stipulations • Multiple -Family Residence restricted to area shown on Concept Plan (9 acres). • 475' minimum setback from centerline of U.S. Highway 75 centerline. • No exterior balconies or patios permitted on facades directly facing U.S. Highway 75. • Maximum number of units: 350 • Minimum open space: 20% • Parking: 1 space per Studio/1 bedroom & 2 spaces per 2 & 3 bedroom • 9' irrigated landscape buffer along property lines not abutting R.O.W. THE CITY OF Anna f P � 4 # I r♦ I I a _ f r Concept Plan MR HighPoint, Block A, Lots 1 & 2 THE CITY OF nna n ►A Recommendation Zoning: At the January 6, 2020 Planning & Zoning Commission meeting the commission voted 6-1 in favor of the zoning request. Concept Plan: Complies with the zoning district area regulations as requested by the zoning case. Recommend for approval subject to approval of the zoning request. THE CITY OF Anna =HiRAHiFdse H i R i s e Pm r 1 m5 a rHiRise Partners, LLC w w J=--L' L� - o 7 i EXECUTIVE SUMMARY ANNA VILLAGE, MIXED USE DEVELOPMENT PROJECT We are proposing Anna Village, a luxury mixed use development just south of Hurricane Creek Country Club and Golf Course as part of the greater Hurricane Creek mixed use development of Anna, Texas. The highly visible site is strategically located adjacent to Anna Surgery Center, on commercial land, fronting the newly completed expansion of U.S. Highway 75 at White Street which sees over 81,0000 cars per day. As the city competes for the future of its citizens and as the local workforce continues to grow, Anna Village provides answers for both residential housing and retail demand alongside other, newly planned, affluent residences and commercial/ retail spaces, offering the community a modern uptown framework with a local neighborhood feel. 1, 2 and 3-bedroom residential units are sized and built with luxury in mind. Residents will enjoy a state-of-the-art technology infrastructure and can expect amenities including secure parking, shared internet lounge spaces, workout facilities, a resort style swimming pool and dog park, promoting accessibility and community to area residents. Anna Village is inspired by the City of Anna's adopted future plans, will provide an estimated economic impact of over $7.5M to the community, and has strong municipal support. Each unique residential unit provides quick access to a variety of grocery, retail, and dining choices. In addition, the location allows convenient and abundant access to major roads and freeways for daily living, subsequently making it an exceptional location for multifamily development. m;& Hi HiRise Par Al =HiFdse HiRise Partners, LLC N"�\ . ..' \ " _ I c Imaoorn s =.m m s �1 'I I \ 9 NURRICANECR SUBDN610N O (PRASE 1) gsT. aol dA..,,Yoa ame HURRICANE CREEK SUBDIVISION (FUTURE PHASE) +0% PROPOSED CR 388 At { .000 . DR SITE PROPERTY . � OVERALL OPCC EXHIBIT Ki!aey* I Al =HiFdse HiRise Partners, LLC 1 � I 901-11 ouw,rt�szu'.Q. I II a NNNINVFBREM$IIL A.w O.P.R.00.T.R — l►p�;�� nn rill ems A —A +s 91 �7 i T�1Tfi-1 TltTT 1t117:�Yfi f l� i �wl�= I ! I �J J ARCHITECTS YnNtl CatlW 1 2MRHIPOINf-SREPLAN NrN.u.I KIIE I`-RJRP evscns �Ex �INR IIRFIOCIt PoRCRY.1111YNND PROIECT� -"�«N, a I 19000 aR,lN.,la�'1mz I ME oE. An-- .WQP. O1-012020 � Al-01 4 BIDG�RM! WAP:,'INT LAND AND CAPITAL 10 % �1 ilf�'ll� - A I I I Thank You ! d WAYMNT LAND AND CAPITAL CITY OF ANNA PLANNING & ZONING COMMISSION January 6, 2020 Agenda Item No. 9B Applicant: Nathan McCartney DESCRIPTION: Requests to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and Country Road 455 in order to allow the additional land use of multiple -family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. REMARKS: The applicant is requesting to amend the existing planned development (PD) in order to allow for a multiple -family residence development at the southeast corner of future Standridge Boulevard and future Suzie Lane. The multiple -family residences will be built to MF-2 Multiple -Family Residential — High Density zoning requirements with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. A concept plan, MR HiPoint, Block A, Lot 1 & 2, accompanies this request as Agenda Item 9C. Surrounding Land Use and Zoning North Across future Suzie Lane, medical office and vacant land zoned PD-765- 2018. East Vacant tract zoned PD-765-2018. South Vacant tract zoned PD-765-2018 West Across future Standridge Boulevard, vacant land zoned PD-2001-18 (Villages of Hurricane Creek). Proposed Planned Development Stipulations There are two primary parts to this request: land use and design standards. Land Use - The applicant is proposing to amend the existing zoning to allow for the additional land use of multiple -family residence on 9.1 acres. Design Standards - The language in the amended PD district would allow the multiple - family residence to be developed to support a mixed -use themed development while still preserving significant commercial property along the U.S. Highway 75 expressway corridor. Conformance with the Citv of Anna Strateaic Plan and Comprehensive Plan Anna Vision 2034 a. Principle 1: Community of Families i. Life cycle family housing for all generations. b. Principle 3: Beautiful Community i. Design standards that promote beautiful and enduring buildings and commercial areas. c. Principle 5: Great Housing Opportunities i. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family rental housing. City of Anna Goals for 2024 a. Sustainable Anna Community Through Planned, Managed Growth i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. AGENDA ITEM NO. 913 (01/06/20) PAGE 2 OF 9 Future Land Use Plan - The Future Land Use Plan designates this property as Commercial, the role of commercial activity in the city is to provide convenient and available retail, service, and office opportunities to residents of the Anna market area. Commercial activity provides return on investment for business and property owners, employment opportunities for local residents (neighbors), and an economic base for local taxing entities. Commercial activity generally supports community residential activity, but certain aspects of the retail, service, and office uses such as big -box retail, and service and office headquarters may be more regionally oriented and act as basic elements of the economy. The Commercial land use designation is silent on mixed -use developments and due to the impacts of the adjacent highway, residential uses may not be appropriate in many instances. However, staff believes the proposed land use would offer a more convenient lifestyle option, compliment the future single-family neighborhood to the west by adding more diversity of housing, and serve as an appropriate transition and buffer between the future commercial and single-family residential developments. Adequacy of Public Facilities - Water and sanitary sewer services are available to serve the subject property; however, the applicant may be responsible for making improvements to either the water and/or sanitary sewer system to increase the system capacity if required. ISSUES: Residential Uses Many cities have policies separating residential uses from expressway corridors in order to reserve the frontage roads for significant commercial development. Additionally, due to noise and health impacts, residential development is generally not appropriate along these corridors. However, staff believes that residential uses could be appropriate for the subject property if: Appropriate standards are established to protect residents from the effects of U.S. Highway 75; 2. Appropriate standards are used to encourage high -quality development on the subject property; and 3. As a part of a mixed -use development with pedestrian -oriented standards. AGENDA ITEM NO. 9B (01/06/20) PAGE 3 OF 9 Staff would not support residential uses on the subject property without considerations noted above. The recommended planned development stipulations are intended to fulfill these standards. In order to protect residents from the impacts of the highway, the applicant is proposing the following stipulations; a. Minimum 475-foot setback from the centerline of U.S. Highway 75. b. 9-foot landscape buffer requirement between multiple -family residential and nonresidential development. c. Architectural design limitations for units directly facing U.S. Highway 75. Staff believes the 475-foot distance will allow sufficient depth for commercial development to be constructed along the frontage road. The future commercial development and architectural design limitations will help to buffer future neighbors from the potential adverse effects of the highway. Additionally, the multiple -family residence use is appropriate given the future residential adjacency to the west (Villages of Hurricane Creek). Open Space Open Space is a requirement for residence hotels, garden (patio) homes, and multiple - family residence uses to ensure that future occupants have access to recreational space. Open space is defined as [a portion of a lot] "for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50% of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained." Subsection (f) Multifamily residences of Section 9.04.033 Special Uses, provides a requirement for open space based on the number of bedrooms for multiple -family residences. The requirement permits credit of three square feet per one square foot of swimming pools and adjacent decks, patios, or lounge areas within 10 feet of a pool; developed and equipped children's play areas; and usable portions of recreational buildings not to exceed 50% of the total open space with exclusion to tennis courts. Based on the bedroom count of the concept plan, the multiple -family residence development would require approximately 5.5 acres of private open space. The proposed planned development stipulations reduce this requirement from approximately 5.5 acres to 20% of the lot for private amenity space associated with the multiple -family residence development which excludes landscape edges, buffers, and parking lot landscaping. The intent of this stipulation is to ensure the amount of amenity AGENDA ITEM NO. 913 (01/06/20) PAGE 4 OF 9 space is developed consistent with the approved concept plan associated with the zoning request. Staff believes that the pedestrian -oriented, urban form proposed for this multiple -family residence with passage to the adjacent commercial property justifies reducing the required open space. Other Planned Development Stipulations The additional planned development stipulations include modifications to height, parking, and proposed design standards. With the exceptions previously noted for the location of residential uses, staff is in support of the proposed planned development stipulations. SUMMARY: The applicant is requesting to amend Planned Development-765-2018 on 81.8± acres located at the northwest corner of U.S. Highway 75 and Country Road 455 in order to allow the additional land use of multiple -family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane. The request is in conformance with multiple principles of the City of Anna Strategic Plan. The proposed uses and standards will help to create a development with a mix of uses, which will be distinct from the traditional retail development which could occur by -right on the subject property. The request will also serve as an appropriate transition between the proposed neighborhood Villages of Hurricane Creek and U.S. Highway 75. For these reasons, staff is in support of the rezoning request. RECOMMENDATION: Recommended for approval as follows: (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high -quality development in the Northwest quadrant of U.S. Highway 75 and West White Street (FM 455) to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain retail, service, aPA office uses..-1 and multiple -family residential. 2. Definitions. Except as otherwise provided herein, the definitions in SeGtOOR 4 Appendix 3 of the City's Zoning Ordinance shall apply. For purposes of this Planned Development District, the following terms shall be defined as follows: a. "Masonry" means brick, tile, manmade or natural stone, cast stone, rock, marble, granite, curtain glass, glass block, exposed aggregate concrete panels, AGENDA ITEM NO. 913 (01/06/20) PAGE 5 OF 9 decorative concrete panels, split face concrete block or any construction consisting of concrete panels including, but not limited to "tilt -wall" construction, -,---or any other materials similar to these materials approved by the Director of Planning Development Services. b. Exterior insulation finish system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Development Standards. a. "C-1" Property. Development of the Property must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "C-1 ", Restricted Commercial District, and "THOR Overlay", except as otherwise provided herein. i. Uses: in addition to the Uses permitted under C-1, the following Uses shall be permitted by right: A. Hospital (Chronic Care) long term health care facility.. B. Hospital (Acute Care).. C. Ambulatory, Surgery Center 4 D. Emergency Room / Urgent Care E. Dialysis Center F. Rehabilitation Care Facility G. Rehabilitation Care Institution H. Laboratory, Medical or Dental I. Laboratory, Scientific or Research 44.J. Pharmacy with or without Drive Thru 44-. K. Medical Supplies, Sales and Service 4-2L. L. Child Care Center 4-3-. M. Nursery School, Kindergarten 44N. Rest Home or Nursing Home 4-5-.0. Veterinarian Clinic (small animal -No Outside Pens) �P. Multiple-Familv Residence in accordance with the MF-2 Multiple -Family Residential - Hight Density zoning district, unless otherwise specified herein 2L. ii. Uses allowed within the district with a Specific Use permit_: Heliport or helistop -3-. iii. Minimum Lot Area: 10,000 sq. ft. AGENDA ITEM NO. 9B (01/06/20) PAGE 6 OF 9 4-.iv. Maximum Building Height: The Maximum building height shall be 55 feet measured to the top of the last floor ceiling elevation. -5 -. v. Outdoor Display Area (Garden Centers)_ 4A. An outdoor display area (garden center) may not exceed twenty five percent (25%) of the adjoining building size. 2L. B. The outdoor display area shall be enclosed by a 4' masonry wall with decorative ornamental iron fencing above, to not be less than eight fee (8') total in height. 3-.C. Height of materials being screened must be lower than the screening fencing. 4D. Landscaping shall be planted along the exterior side of any outdoor display area and maintained at a height of 3 feet along the front and Landscaping shall be planted on the side of any outdoor display area and maintained at a height of 6 feet. vi. Multiple-Familv Residence Location: A. Shall be restricted to the area identified on the approved Concept Plan (Exhibit A) and may be developed entirely as either multiple -family residence or C-1 Restricted Commercial as amended by the PD. B. Minimum residential setback from the centerline of the main lanes of U.S. Hiahwav 75: 475 feet. C. No exterior balconies, stoops, or patios shall be permitted on an exposed facade of a multifamily building directly facing U.S. Highway 75. vii. Standards and Area Regulations (Multiple -Family Residence): Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "MF-2", Multiple -Family Residential District — High Density, except as otherwise provided herein. AGENDA ITEM NO. 913 (01/06/20) PAGE 7 OF 9 A. Maximum number of units: 350 B. Maximum Building Height: 4 stories (55 feet) C. Maximum Lot Coverage: 60% D. Maximum Densitv: 39 units Der acre E. Minimum open space: 20% of the lot F. Parking: 1 space / Studio & 1 bedroom units 2 spaces / 2 & 3 bedroom units iii. Design Standards (Multiple -Family Residence): A. 50% of all units must have one of the following design features: A true balcony, stoop, or patio to create outdoor living space. B. No buildina facade may exceed a lenath of 100 feet without a break in the facade of a minimum depth of 2 feet for a minimum lenath of 10 feet. C. A minimum of 2 materials are required on each facade. D. Screenina fence: Boarder fencina material shall be either masonry construction or wrought iron, tubular steel, or tubular aluminum with masonry columns. Additionally, an irrigated landscape screen, minimum height of 6 feet, shall be installed within a 9-foot landscape buffer along the property line on any perimeter not abutting a public street or right-of-way. The landscape screen must grow to a height of at least 10 feet within 2 years of installation. E. Plats and/or site Dlans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City AGENDA ITEM NO. 913 (01/06/20) PAGE 8 OF 9 Council with the approval of the final development plan(s) and without public hearing. F. The Conceptual Development Plan will expire after two (2) years of approval. AGENDA ITEM NO. 9B (01/06/20) PAGE 9 OF 9 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of State Highway 5, 1,420 feet south of West White Street) ORDINANCE NO. 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 $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment to Planned Development-765- 2018 on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located at the northwest corner of U.S. Highway 75 and Country Road 455 is being amended in order to allow the additional land use of multiple - family residence on 9.1± acres located at the southeast corner of future Standridge Boulevard and future Suzie Lane; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and 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 has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances are hereby amended by amending the existing zoning of the Property described in Exhibit A to allow for the additional land use of multiple -family residence, as depicted in the Concept Plan on the attached Exhibit B. 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality development in the northwest quadrant of U.S. Highway 75 and West White Street (FM 455) to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain retail, service, office uses, and multiple -family residential. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3_of the City's Zoning Ordinance shall apply. For purposes of this Planned Development District, the following terms shall be defined as follows: a. "Masonry" means brick, tile, manmade or natural stone, cast stone, rock, marble, granite, curtain glass, glass block, exposed aggregate concrete panels, decorative concrete panels, split face concrete block or any construction consisting of concrete panels including, but not limited to "tilt -wall" construction, or any other materials similar to these materials approved by the Director of Development Services. b. Exterior insulation finish system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Development Standards. a. "C-1" Property. Development of the Property mu standards for use, density, lot area, lot width, lot building height, building elevations, coverage, flo screening, landscaping, accessory buildings, signs, 1 ", Restricted Commercial District, and "THOR provided herein. st comply with the development depth, yard depths and widths, or area ratio, parking, access, and lighting, set forth in the "C- Overlay", except as otherwise Uses: in addition to the Uses permitted under C-1, the following Uses shall be permitted by right: A. Hospital (Chronic Care) long term health care facility B. Hospital (Acute Care) C. Ambulatory, Surgery Center D. Emergency Room / Urgent Care E. Dialysis Center F. Rehabilitation Care Facility G. Rehabilitation Care Institution H. Laboratory, Medical or Dental I. Laboratory, Scientific or Research J. Pharmacy with or without Drive Thru K. Medical Supplies, Sales and Service L. Child Care Center M. Nursery School, Kindergarten N. Rest Home or Nursing Home 2 O. Veterinarian Clinic (small animal -No Outside Pens) P. Multiple -Family Residence in accordance with the MF-2 Multiple - Family Residential - Hight Density zoning district, unless otherwise specified herein ii. Uses allowed within the district with a Specific Use permit: Heliport or helistop iii. Minimum Lot Area: 10,000 sq. ft. iv. Maximum Building Height: The Maximum building height shall be 55 feet measured to the top of the last floor ceiling elevation. V. Outdoor Display Area (Garden Centers): A. An outdoor display area (garden center) may not exceed twenty five percent (25%) of the adjoining building size. B. The outdoor display area shall be enclosed by a 4' masonry wall with decorative ornamental iron fencing above, to not be less than eight fee (8') total in height. C. Height of materials being screened must be lower than the screening fencing. D. Landscaping shall be planted along the exterior side of any outdoor display area and maintained at a height of 3 feet along the front and Landscaping shall be planted on the side of any outdoor display area and maintained at a height of 6 feet. vi. Multiple -Family Residence Location: A. Shall be restricted to the area identified on the approved Concept Plan (Exhibit A) and may be developed entirely as either multiple -family residence or C-1 Restricted Commercial as amended by the PD. B. Minimum residential setback from the centerline of the main lanes of U.S. Highway 75: 475 feet. C. No exterior balconies, stoops, or patios shall be permitted on an exposed facade of a multifamily building directly facing U.S. Highway 75. 3 vii. Standards and Area Regulations (Multiple -Family Residence): Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "MF-2", Multiple - Family Residential District — High Density, except as otherwise provided herein. A. Maximum number of units: 350 B. Maximum Building Height: 4 stories (55 feet) C. Maximum Lot Coverage: 60% D. Maximum Density: 39 units per acre E. Minimum open space: 20% F. Parking: 1 space / Studio & 1 bedroom units 2 spaces / 2 & 3 bedroom units viii. Design Standards (Multiple -Family Residence): A. 50% of all units must have one of the following design features: A true balcony, stoop, or patio to create outdoor living space. B. No building fagade may exceed a length of 100 feet without a break in the fagade of a minimum depth of 2 feet for a minimum length of 10 feet. C. A minimum of 2 materials are required on each fagade. D. Screening fence: Border fencing material shall be either masonry construction or wrought iron, tubular steel, or tubular aluminum with masonry columns. Additionally, an irrigated landscape screen, minimum height of 6 feet, shall be installed within a 10-foot landscape buffer along the property line on any perimeter not abutting a public street or right-of-way. The landscape screen must grow to a height of at least 10 feet within 2 years of installation. 4 E. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. F. The Conceptual Development Plan will expire after two (2) years of approval. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. 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 day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. 5 PASSED by the City Council of the City of Anna, Texas this 25th day of February 2020. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor C.1 *:/C1M SITUATED in Collin County, Texas, in the W. S. Rattan Survey, Abstract No. 752 and the Thomas Rattan Survey, Abstract No. 782, being a resurvey of the 81.8447 acres of land described in a Special Warranty Deed from Swisher Partners, L.P. to One Anna Two, Ltd. dated January 31, 2007, recorded in document number 20070201000151600 and in a Special Warranty Deed from Swisher GP, L.P. to One Anna Two, L.P. dated January 13, 2007, recorded in document number 20070201000151610, both deeds of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a 5/8-inch iron pin found at the northeast corner of said 81.8447-acre tract, the southeast corner of the Jan Sherley Miller 66.845 acres Ref. Vol 2667, Pg. 671 and in the west R.O.W. line of U. S. Highway No. 75; Thence southwesterly with the east line of said 81.8447-acre tract and with said west R.O.W. line to 1/2-inch iron pins found as follows: South 11 021'west, 104.29 feet; South 8129'west, 2200.0 feet; South 12104'west, 801.57 feet; South 8029'west, 200.0 feet; South 17001'west, 202.24 feet; South 45021'west, 499.98 feet; South 9052'west, 168.2 feet; South 44011'west, 40.09 feet to a 1/2-inch iron pin found at the southeast corner of said 81.8447-acre tract and at the junction of said east R.O.W. line with the north R.O.W. line of Farm Road No. 455; Thence south 89013'50" west, 750.14 feet with the south line of said 81.8447-acre tract and said north R.O.W. line to a 1/2-inch iron pin found at the southwest corner of said 81.8447-acre tract and the south, southeast corner of the Don Collins, et al 114.252 acres, Ref. V. 5257, P. 4877; Thence northerly with the west line of said 81.8447-acre tract and with the east line of said 114.252-acre tract to 1/2-inch iron pins found as follows: North 0029'10" West, 540.38 feet to a 1/2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 89°30'50" East, 500.0 feet; Thence with said curve, an arc of 209.61 feet around a central angle of 24101'08" on a radius of 500.0 feet to a 1/2-inch iron pin found; North 59103'25" East, 129.33 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 301,56'35" West, 700.0 feet; Thence with said curve, an arc of 189.73 feet around a central angle of 15031'48" on a radius of 700.0 feet to a 1/2-inch iron pin found; North 43031'37" East, 241.38 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 46028'23" West, 700.0 feet; Thence with said curve, an arc of 530.61 feet around a central angle of 43025'53" on a radius of 700.0 feet to a 1/2-inch iron pin found; North 0005'44" East, 1035.62 feet to a 1/2-inch iron pin found a the beginning of a curve to the right from which the radius center lies South 89054'16" East, 700.03 feet; Thence with said curve, an arc of 101.69 feet around a central angle of 8019,23" on a radius of 101.69 feet to a 1/2-inch iron pin found; North 8025'09" East, 393.86 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 81 °34'51" West, 699.99 feet; Thence with said curve, an arc of 116.43 feet around a central angle of 9131'48" on a radius of 699.99 feet to a 1/2-inch iron pin found; Thence North 1 °06'39" West, 201.55 feet to a 1/2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 88053'21" East, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16048'40" on a radius of 700.0 feet to a 1/2-inch iron pin found; Thence North 15142'02" East, 121.6 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 74017'58" West, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16048'40" on a radius of 700.0 feet to a 1/2-inch iron pin found; Thence North 1106'39" West, 55.96 feet to a 1/2-inch iron pin found at the northwest corner of said 81.8447-acre tract, the northeast corner of said 114.252-acre tract and in the south line of said 66.845-acre tract; Thence north 89056'12" east, 955.42 feet with the north line of said 81.8447-acre tract and with said south line to the PLACE OF BEGINNING and containing 77.97 +/- acres of land. CERTIFICATION: I, hereby certify that I made the survey on the ground on July 15, 2015 of the herein described tract shown hereon and set corner stakes as reflected on the plat and that only visible improvements on the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its completeness. SKGW/GMG 07162015 G10 C:\LD\782-77.STR REVISED BY GMG 7-16-2015 VICINITY ® 0 ALL DRIVEWAY CUTS ON STREETS AND HIGHWAYS MAINTAINED BY STATE ROADSPHIGHWAYSOIFSHA N MORTTHE REQUIREOMfNTS 6F TXDOT'S ACCESS MANAGEMENT MANUAL AS MAY BE TS AMENDED) AND ROADWAY DESIGN MANll11AL (AS MAY BE AMENDED , AS APPLICABLE FOR THE SPACING AND DESIGN OF THE DRIVEWA , UNLESS CITY STANDARDS ARE MORE STRINGENT, IN WHICH CASE CITY STANDARDS SHALL BE MET. 5layter us Creek Park A E CI Anna C � Love's Travel Stop W Wh§e Gwhhe:- C Natural Springs Part ® M, 3 ® 0 Canin Coon, soar [cop 965 " C-" °w 'EALE NTS L_ — — CADG HURRICANE CREEK LLC 1800 VALLEY VIEW LN. #300 DALLAS, TX 75234 CALLED 23.914 ACRES ANNA INVESTMENTS, LLC 0=5606'46"- I NST. NO. 20180622000777080 R= L=166.1.49' O. P. R. C. C.T. CB = S3723'00"E C=159.92' EXHIBIT B --•� �nlvC ---L-0„ �=pSC (�' R.O.W.) APE BUFFERI �e 11 S SIDEWALK Fq z�l`V �x75' S8 ✓F� i S � 2'13' / T O 221'-0" = 57'41'07"- R = 230.00" N80°48'39"E L = 231.56' 12.54' CB = N70 20'47"E C = 221.91' 220'-0,, I` a GATE •�\O Q 1 I I Ip� I I n / ej��' I TRASH a I s N50'48'21'E /BILL 39.85'EASE7NE - d / A=0148'11" I _J R = 620.03" L=19.51' I CB = N00°08'05" E C=19.51' I 1 1 , I , I I I I 0 zn N I 1 I DETENTION/ w , PARK Z I I W I I � I BLOCK A, LOT 1 9 ACRES / 392,040 SF CN I I I I / D26' FIRE LANE D M IF IES ALL BOX _ " v �L co LLJ d U ' GATE J � Q of > I J \ I \ O I \C 0 \'\ �— I ' ❑ ❑ ❑ , \ i 11 z � ❑ V I N I I I � ❑ 1 I I ❑❑❑ I I , I I , J � I Q I Q J I 1 r_1_r o � I I L.L 1 - I 0 I 3 5,. 1 I N I I �1 I I Q m I I I Q I W RETAIL PAD SITES 4 0 11,695 SF p I 80 PARKING Q I� I (20'-0") I o o I 1 I I" I e 1 I I I I I I S I I 1 C I RETAIL PAD SITES 3 I a 11,695SF I I 53 PARKING SPACES I 1 STORY I (20'-0") I I I I _ 1 I I I RASH a— I CA - ', -' r-r^.J 0 V W i 1¢ zc I► RETAIL PAD SITES 2 11,695 SF 77 PARKING SPACES 1 STORY (20'-0") I I `-4 TRASH D I ' I I I I v 0 11 I I I I WhAllyI II , _Al ") I(45- I I RETAIL PAD SITES 1 z I� 11,695 SF 55 PARKSING ACES II ORY (20'-0") - I ---- - - ---- - - ---- - - 26' FIRE LANE a D I ' I� 25-0" BLDG SETBACK — — — — — 9'-79N=PE77FER— 8' METAL FENCE f PROPERTY LINE 420.60' N08'23'03"W 273.53' N0823'03"W ONE ANNA TWO LTD 15640 QUORM DRIVE ADDISON, TX 75001 N MR HIPOINT - SITE PLAN SCALE 1 "=60'-0" 0 1020 60 120 160 I I ^ h BLOCK A, T 2 I 4. A 'RES / 2 ,962 SF 1 I I I I I I I I I 1 I I I II I I I ' I , I I ' I I , 1 ' I I I ' 1 , I 1 , z ' ' J z I I, o I ' ' Q ' I W ' w W I I I ' 1 0 ' I � ' 1 0 ' a I I � I � PSk, I I , I , I , I , I , I I I ; � 1 I I I� I I ' I oo, 1 � I I ' I I �I I I I I , I II I , � I I I I I I I I I I I I 281.75' RETAIL RETAIL 30' ' "sT o R.O. TI ►' . - 1 � I / � 1 I -- �c�--- J ' RETAIL I. ' I loll a _ I � I V f � Ipvnll 1 ' I II 1 mo Ij I', �i �; RETAIL o� II 1 I o— I 1 f 1 II I, RETAIL I: 1 I 1 II I -- ---- ---- ---- ---- ---- ---- --- 1 1 I ' I _ 0 z RETAIL j N I I I I RETAIL I ► Z� m� I j RETAIL I I q 1 I N 1 I 1 I ' I / 1 , / 1 . 1 1 / RETAIL 1 1 1 I GREENS 1 � o RETAIL v I PLAZE j I I , A r Nd I GREENS T AS AN SURVEY ST CT N . 82 RETAIL // i / / AIL / / / RETAIL DETENTION POND I I r r — — /1 f) MR HIPOINT - SITE PLAN L SCALE 1 "=200'-0" SITE DATA TABLE GENERAL SITE DATA BLOCK A LOT 1 BLOCK A LOT 2 ZONING PD C-1 PROPOSED USE MODIFIED MF-2 C-1 LOT AREA 9 ACRES (392,040 SF 4.8 ACRES (211,962 SF BLDG FOOTPRINT AREA 76,768 SF 46,780 SF PAVING AREA 155,479 SF 95,520 SF BUILDING HEIGHT 45' 20' LOT COVERAGE 59.24% 67.13% FLOOR AREA RATIO .77 .22 ZONING REQUIREM ENTS*BLOCK A LOT 1 BLOCK A LOT 2 MF-2 PROPOSED NO PROPOSED CHANGES FROM BASE ZONING FOR C-1 (LOT 2) MAXIMUM BLDG HEIGHT 45' 45' SIDE YARD INTERIOR 10' 25' SIDE YARD CORNER 25' 25' REAR YARD 25 25' FRONT YARD 25' 25' LOT AREA 5,000 SF 9 ACRES (392,040 SF MIN. LOT WIDTH 50' EXCEEDS REQ. MIN LOT DEPTH 120' EXCEEDS REQ. MAX LOT COVERAGE 40% 59.24% BUILDING SIZE NONE N/A MASONRY % 90% 40% MINIMUM DENISTY W/ SPRINKLER 125 UNIT/ARCE 36.67 UNIT/ARCE MULTIFAMILY UNITS # OF STUDIO UNITS 33 # OF 1 BDRM UNITS 173 # OF 2 BDRM UNITS 116 # OF 3 BDRM UNITS 8 PARKING MF-2 PROPOSED REQUIRED 612 2 PARKING SPACES/UNIT 454 1P/lBR+2P/2BD+2P/3BR PROVIDED 464 *DEVELOPMENT IS LOCATED IN THE THOR OVERLAY DISTRICT F.M. ROAD. 455 IA VARIABLE WIDTH R.O.W.) PREPARER: UD ARCHITECTS DARREN DOBBINS 4345 LINDBERGH DRIVE ADDISON, TEXAS 75001 V-972-392-2838 CURRENT PROPERTY OWNER ONE ANNA TWO, LTD 15640 GUARUM DRIVE ADDISON, TEXAS 75001 V-214-363-1998 DEVELOPER HiRISE PARTNERS, LLC NATHAN McCARTNEY 1616 WABASH AVE. FORT WORTH, TEXAS 76107 V-817-913-2133 TITLE BLOCK FOR CITY APPROVALS CONCEPT PLAN (MR HIPOINT) BLOCK A, LOT 1 MULTIPLE -FAMILY RESIDENCE GROSS ACREAGE-9 ACRES (MR HIPOINT) BLOCK A, LOT 2 RETAIL GROSS ACREAGEA.8 ACRES CITY OF ANNA, COLLIN COUNTY, TX W.S. RATTON SURVEY, ABSTRACT NO.752 DECEMBER 30, 2019 APPROVED JAN UARY 6, 2020 P&Z COMMISSION CITY OF ANNA APPROVED FEBRUARY 25, 2020 CITY COUNCIL /%1—r%/ /'1r A A IA I A ARCHITECTS United Design Architects 4345 LINDBERGH DR. ADDISON, TX 75001 972-392-2838 www.studioUDA.com REVISIONS PROJECT # 19000 DATE 01-01-2020 Al-01 XXX BLDG PLAN CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE MR HIPOINT, BLOCK A, LOTS 1 & 2, CONCEPT PLAN 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 Article 9.04 of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Nathan McCarthey has submitted an application for approval of the MR HiPoint, Block A, Lots 1 & 2, concept plan; 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 Concept Plan. The City Council hereby approves the MR HiPoint, Block A, Lots 1 & 2 concept plan attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25tn day of February 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike VICINITY C � Love's Travel Stop C 0 o SUNIIEZq ® 0 ALL DRIVEWAY CUTS ON STREETS AND HIGHWAYS MAINTAINED BY "s, oPR o 30'R.0 E THE TEXAS DEPARTMENT OF TRANSPORTATION TXDOTI SG STATE ROADS HIGHWAYSI SHALL MEET THE,F UIREMfNTS bF TXDOT'S ACCESS MANAGEMENT MANUAL AS MAY BE �� - �- AMENDED)1 AND ROADWAY DESIGN MANUAL IAS MAY BE - AMENDED`j, AS APPLICABLE FOR THE SPACING AND DESIGN OF THE EXHIBIT 1�/ T-I �'r DRIVEWAT�, UNLESS CITY STANDARDS ARE MORE STRINGENT, IN WHICH CASE CITY STANDARDS SHALL BE MET. �j I ------ •- 1 5layter us � 1 Creek Park I'1 � 1 J 1 C II j RETAIL I I I Anna _ I W Wh§e Erihne:. II,. -- ---- --,- Natural Springs Part Q ® M, 3 ® 0 Canin [ounT soar [cop 965 " C-" °w 'EALE NTS L_ — — CADG HURRICANE CREEK LLC 1800 VALLEY VIEW LN. #300 DALLAS, TX 75234 CALLED 23.914 ACRES ANNA INVESTMENTS, LLC 0=5606'46"- I NST. NO. 20180622000777080 R= L=166.1.49' O. P. R. C. C.T. CB = 53723'00"E C=159.92' �0„ �ApDS (�' "nlvc R.O.W.) APE BUFFERI �e 11 S SIDEWALK Fq z�l`V �x281.75' S8 ✓F� i S � 2"13' / T O 221'-0" = 57'41'07"- R = 230.00" N80°48'39"E L = 231.56' 12.54' CB = N70 20'47"E C = 221.91' 220'-0,, I` a GATE •�\O Q 1 I I Ip� I I n TRASH a I s N50'48'21'E /BILL 39.85'EASE7NE - d I� A=01°48'11" _J R = 620.03" L=19.51' I CB = N00°08'051 C=19.51' I 1 1 , I , I I I I 0 N I I I DETENTION/ w , PARK Z I I W I I � I BLOCK A, LOT 1 9 ACRES / 392,040 SF CN I I I � I I I / q�F�F - - --- - - ---- - - - D26' FIRE LANE D M IF ALL BOX[TI- _ "IES v �L co LU d U ' GATE J � �O, I Q of > I J \ I \ O I �� 006 �— ❑ ❑ ❑ z ❑ El N I I I 0 ❑ I ❑❑❑ I I , I I , J � I Q I Q J I 1 o 1_1_1 � I LL - I 0 I 3 5,. 1 I N I I �I I I Q m I I I W I � IW I Q I W RETAIL PAD SITES 4 0 ' I w 11,695 SF I 80 PARKING Q I� I (20'-0") I o o I I I I" I e 1 I I I I I I S I I 1 Cq I RETAIL PAD SITES 3 I a 11,695SF I I 53 PARKING SPACES I 1 STORY I (20'-0") I I I I _ 1 I I ' I O TRASH 4� 'W^ o V W rQ zc I► RETAIL PAD SITES 2 11,695 SF 77 PARKING SPACES 1 STORY (20'-0") I TRASH D I I ' I I I I I I v 0 j I I I II , II _ I I (45- ") I I I RETAIL PAD SITES 1 z I� 11,695 SF 55 PARKSING ACES II ORY (20'-0") - I ---- - - ---- - - ---- - - 26' FIRE LANE a D I ' I� 25-0"BLDG SETBACK — — — — — 9'-79N=PE77FER— 8' METAL FENCE f PROPERTY LINE 420,60' N08'23'03"W 273.53' N0823'03"W ONE ANNA TWO LTD 15640 QUORM DRIVE ADDISON, TX 75001 N MR HIPOINT - SITE PLAN SCALE 1 "=60'-0" 0 1020 60 120 160 I I ^ h BL CK A, T 2 1I 4. A 'RES / 2 ,962 SF 1 I I I I I I I I I 1 I I I II I I I ' I , I I ' I I , 1 ' I I I ' 1 , I 1 , z ' ' J z I I, 0 I ' ' Q ' I W ' w W I 0O a I I � I � PSk, I I , I , I , I , I , I I I ; � 1 I I I� I I ' I oo, 1 � I I ' I I �I I I I I , I II I , � I I I I I I I I I I I I 281.75' RETAIL RETAIL I I � 1 ' I II 1 mo Ij I', �i �; RETAIL 1 � II I, RETAIL I; I 1 II I --- ---- ---- --- I 1 I ' 1 _ 0 z RETAIL j N I I I I RETAIL z� m� I j RETAIL I q 1 I N 1 I 1 I ' I / 1 . / 1 . 1 1 / RETAIL I 1 1 I GREENS I 1 0 RETAIL v I PLAZE j I I , A T GREENS T AS AN SURVEY ST CT N . 82 RETAIL i / i AIL i RETAIL DETENTION POND I I r - — — /1 f) MR HIPOINT - SITE PLAN L SCALE 1 "=200'-0" SITE DATA TABLE GENERAL SITE DATA BLOCK A LOT 1 BLOCK A LOT 2 ZONING PD C-1 PROPOSED USE MODIFIED MF-2 C-1 LOT AREA 9 ACRES (392,040 SF 4.8 ACRES (211,962 SF BLDG FOOTPRINT AREA 76,768 SF 46,780 SF PAVING AREA 155,479 SF 95,520 SF BUILDING HEIGHT 45' 20' LOT COVERAGE 59.24% 67.13% FLOOR AREA RATIO .77 .22 ZONING REQUIREM ENTS*BLOCK A LOT 1 BLOCK A LOT 2 MF-2 PROPOSED NO PROPOSED CHANGES FROM BASE ZONING FOR C-1 (LOT 2) MAXIMUM BLDG HEIGHT 45' 45' SIDE YARD INTERIOR 10, 25' SIDE YARD CORNER 25' 25' REAR YARD 25' 25' FRONT YARD 25' 25' LOT AREA 5,000 SF 9 ACRES (392,040 SF MIN. LOT WIDTH 50' EXCEEDS REQ. MIN LOT DEPTH 120' EXCEEDS REQ. MAX LOT COVERAGE 40% 59.24% BUILDING SIZE NONE N/A MASONRY % 90% 40% MINIMUM DENISTY W/ SPRINKLER 25 UNIT/ARCE 36.67 UNIT/ARCE MULTIFAMILY UNITS # OF STUDIO UNITS 33 # OF 1 BDRM UNITS 173 # OF 2 BDRM UNITS 116 # OF 3 BDRM UNITS 8 PARKING MF-2 PROPOSED REQUIRED 612 2 PARKING SPACES/UNIT 454 1P/lBR+2P/2BD+2P/3BR PROVIDED 464 *DEVELOPMENT IS LOCATED IN THE THOR OVERLAY DISTRICT F.M. ROAD. 455 IA VARIABLE WIDTH R.O.W.) PREPARER: UD ARCHITECTS DARREN DOBBINS 4345 LINDBERGH DRIVE ADDISON, TEXAS 75001 V-972-392-2838 CURRENT PROPERTY OWNER ONE ANNA TWO, LTD 15640 GUARUM DRIVE ADDISON, TEXAS 75001 V-214-363-1998 DEVELOPER HiRISE PARTNERS, LLC NATHAN McCARTNEY 1616 WABASH AVE. FORT WORTH, TEXAS 76107 V-817-913-2133 TITLE BLOCK FOR CITY APPROVALS CONCEPT PLAN (MR HIPOINT) BLOCK A, LOT 1 MULTIPLE -FAMILY RESIDENCE GROSS ACREAGE:9 ACRES (MR HIPOINT) BLOCK A, LOT 2 RETAIL GROSS ACREAGEA.8 ACRES CITY OF ANNA, COLLIN COUNTY, TX W.S. RATTON SURVEY, ABSTRACT NO.752 DECEMBER 30, 2019 APPROVED JANUARY 6, 2020 P&Z COMMISSION CITY OF ANNA APPROVED FEBRUARY 25, 2020 CITY COUNCIL CITY OF ANNA ARCHITECTS United Design Architects 4345 LINDBERGH DR. ADDISON, TX 75001 972-392-2838 www.studioUDA.com REVISIONS PROJECT # 19000 DATE 01-01-2020 Al-01 XXX BLDG PLAN THE CITY OF Anna AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 2/25/2020 a. Conduct a public hearing to consider public comments to rezone 4.3± acres located on the west side of South Powell Parkway (State Highway 5), 1,090± feet south of West White Street (Farm to Market Road 455) from Single -Family Residential - Large Lot (SF-E) to Restricted Commercial (C-1). (Applicant: Patrick Filson, P.E.) b. Consider/Discuss/Action on an Ordinance approving the request to rezone 4.5± acres from SF-E to C-1. (Director of Development Services Ross Altobelli) c. Consider/Discussion/Action on a Resolution approving the Concept Plan, Buzz Center Addition, Block A, Lot 1 associated with the rezoning request. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is requesting to rezone the subject property to allow for commercial uses. For additional information please refer to the attached staff report. A Concept Plan, Buzz Center Addition, Block A, Lot 1, accompanies this request. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Zoning & Associated Concept Plan - The Planning & Zoning Commission recommended approval (6-0) at their February 3, 2020 meeting. ATTACHMENTS: Description Upload Date Type Location Map Zoning staff report Ordinance EXHIBIT (LEGAL) EXHIBIT B (CONCEPT PLAN) 2/11 /2020 Exhibit 2/11 /2020 Staff Report 2/13/2020 Ordinance 2/11 /2020 Exhibit 2/13/2020 Exhibit n Public Hearing= Rezoning Buzz Center Addition, Block A, Lot 1 THE CITY OF knna fHE CITY OF nna n ►A City of Anna Strategic Plan Anna Vision 2034 Principle 1: Dynamic Business Community i. Attractive commercial centers with well -designed landscaping ii. Ability of neighbors to work in Anna and well -maintained THE CITY OF Anna n ►A City of Anna Strategic Plan Cont. City of Anna Goals for 2024 Growing Anna Economy i. Expand the commercial tax base ii. More jobs for neighbors iii. Expand retail businesses Anna —A Great Place to Live i. Increase the number of "family -oriented" restaurants ii. Increase the number of retail businesses THE CITY OF Anna 0 =K mim mmf mom, I■4prrm,0 FV1.1El3310 loommin FMM n ►A Issues Residential Adjacency • Proposed zoning • Allowed land uses • Site Design Protections: ❑ Zoning Ordinance ❑ Design Standards ❑ Landscape Regulations THE CITY OF Anna RIVEWAV 24.D' 322655 I I ; PROPOSED 24'FIRELANE �1r ♦ ; I i BUILDING SETBACK 30 6 ,9 ll I I WILDING 1 LANDSCAPE BUFFER i t12,500 SF I I w I a d 0 /j 10' LANDSCAPE BUFFE aN�i $ \ sel°arzD.se°E LOT,CK I I BLOA wl`e� j I 4326 ACRES ! y ffif j j 188,461 SQUARE FEET / j S89'4T40.48'E 10000 \ 1 0 J I \ I I PROPOSED 24FIRELANE S. INT °N Ereu Bsn sTru:ETl , I \ I i I y— $�1 1 1 QSR 1 t2,800 SF fn J II 30 I 5 STACKIN SPACES FROM I POINT OF ORDER I- U + � ;2 LV , O I IL I QSR 2 1— I Z � —f I t 2,600 SF I T 20.0'LANDSCAPE BUFFERJyI 1 9 I 5 STACKIN I 50.0' BUILDING SETBACK SPACES FROM J POINT OF ORDER 13 10.0' LANDSCAPE BUFFER ,II —- IW _� ' S 1 I I� ; � � r�ee•4r4D.aew / / O BUILDING 2 °w .6,900 ° y y— I I�HS / 24.0 , I / 121.6' / / 1ROPOSED24'FIRELANE I I , �i S4°08'26.04'W 518.9A9 — _ _J11550 I _ _ Concept Plan Buzz Center Addition, Block A, Lot 1 THE CITY OF nna n W Preliminary Plat Buzz Center Addition, Block A, Lot 1 THE CITY OF Anna ea�ne°°•°R •Preliminary Plat- Buzz Center Addition, Block A, Lot 1 WHITE 5T, a E WHIFF Sr -�1N r f. ry+ r 5F I i ` f a � � r W Z I a F- '� �r THE CITY OF N M Proposed Site Parcels EDWARb ST 0 200 400 80D Feel January 2020 n L1 THE CITY OF �4ktiifta -------------- I . I Iw I I I I I I I I I I •I I I I I Ik I g p �mor I� I I I me ro. vmm��m000w,m. w...cc.. I I I 8 I I II-wrJ I.-e..r-J I I I I 0 ner ___—�m e� 1Y 1 LOT 1 1 1 1 ^I I Ix BLOCK A Iffi 1 1 pl - 4.326 ACRES IF ?,`I 188,461 SQUARE FEET 11 ;F11 I14 1 `I we 3 9vicc.'� I I I I I I s 'I I I I ss9°asw"e N1.00 Preliminary Plat Buzz Center Addition, Block A, Lot 1 THE CITY OF nna CITY OF ANNA PLANNING & ZONING COMMISSION February 3, 2020 Agenda Item No. 7 Applicant: Patrick Filson, P.E. DESCRIPTION: Request to rezone 4.3± acres located on the east side of South Powell Parkway (State Highway 5), 1,090± feet south of West White Street (Farm to Market Road 455), from SF-E Single Family Residential — Large Lot to C-1 Restricted Commercial District. REMARKS: The applicant is requesting to rezone the property in order to allow for commercial uses such as retail and drive -through restaurants. The Restricted Commercial (C-1) district is intended to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas, where retail or service establishments deal directly with customers. Businesses in the C-1 district should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer. A concept plan, Buzz Center Addition, Block A, Lot 1, accompanies this request as Agenda Item 7C. Surroundinq Land Use and Zoning North Single-family residence zoned C-2 East Across Interurban St, vacant tract and single-family residences zoned SF-1 South Vacant tract zoned SF-E West Across S Powell Pkwy (S.H. 5), Religious Facility and single-family residences zoned C-2 and vacant tract zoned PD-843-2020-MF-2 Conformance with the City of Anna Strategic Plan and Comprehensive Plan Anna Vision 2034 1. Principle 6: Dynamic Business Community a. Attractive commercial centers with well -designed and well -maintained landscaping b. Ability of neighbors to work in Anna City of Anna Goals for 2024 1. Goal 1: Growing Anna Economy a. Expand the commercial tax base b. More jobs for neighbors c. Expand retail businesses 2. Goal 3: Anna — A Great Place to Live a. Increase the number of "family -oriented" restaurants b. Increase the number of retail businesses Future Land Use Plan — The Future Land Use Plan designates this property as Commercial and Parks. Commercial is land or buildings where merchandise or services are offered for sale. The primary purpose of the land is to provide a location for displaying merchandise or communicating services in a manner that enhances the convenient retail sale of goods and services. The role of commercial activity in the city is to provide convenient and available retail, service, and office opportunities to residents of the Anna market area. Commercial activity provides return on investment for business and property owners, employment opportunities for local residents (neighbors), and an economic base for local taxing entities. Commercial activity generally supports community residential activity, but certain aspects of the retail, service, and office uses such as big -box retail, and service and office headquarters may be more regionally oriented and act as basic elements of the economy. Parks are land devoted to active or passive recreation, or preservation of open space, natural beauty, or environmentally sensitive lands. Locally significant park and pedestrian/open space opportunities exist in Anna. Additional recreational development with a better distribution into all areas of the City is needed. The proposed development conforms with the Future Land Use Plan for the commercial designation. Major corridors, such as State Highway 5, are the most suitable locations for commercial uses due to the high visibility of passing traffic. Commercial uses, if AGENDA ITEM NO. 7 (02/03/2020) PAGE 2 OF 4 appropriately designed and scaled, will be complimentary to the existing residential neighborhood. Adequacy of Public Facilities — Water and sanitary sewer services are available to serve the subject property; however, the applicant may be responsible for making improvements to either the water and/or sanitary sewer system to increase the system capacity if required. ISSUES: Residential Adjacency The subject property's location on South Powell Pkwy (State Highway 5) is well suited for non-residential uses. However, the eastern side of South Interurban Street is an existing single-family neighborhood. To address residential adjacency concerns, the applicant has agreed to modify their initial request from General Business (C-2) to Restricted Commercial (C-1). This will prevent more intense uses such as a car wash or auto leasing and rental, which are allowed by - right in the C-2 district. The C-1 district is intended to be complementary to residential uses by satisfying daily and frequent shopping needs. There are also required design standards in place that will help reduce the impact of this development for the existing neighbors. • Design Standards o Sec. 9.03.058 (Off-street parking) — The headlights of vehicles will be screened so they may not shine into adjacent residences • Zoning Ordinance o Sec. 9.04.021 (C-1 Restricted Commercial) — Illuminated signs shall not shine onto nearby residential properties o Sec. 9.04.039 (Screening device requirements) — Provide a screening wall or living plant screen on the southern property line. • Landscape Regulations o Sec. 9.06.007 (Setbacks) - A minimum 10-foot landscape buffer along the right-of-way of Interurban Street For these reasons, staff believes that C-1 zoning is appropriate for the subject property. SUMMARY: The applicant is requesting to rezone the property in order to allow for commercial uses such as drive -through restaurants and retail stores. The request is in conformance with elements of the City of Anna Strategic Plan and Comprehensive Plan by expanding the commercial tax base. The city's Design Standards and Zoning Ordinance are in place to AGENDA ITEM NO. 7 (02/03/2020) PAGE 3 OF 4 minimize impact to the existing adjacent residences. For these reasons, staff is in support of the requested rezoning from SF-E to C-1. RECOMMENDATION: Recommended for approval as submitted. AGENDA ITEM NO. 7 (02/03/2020) PAGE 4 OF 4 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of South Powell Parkway (State Highway 5), 1,090 feet south of West White Street) ORDINANCE NO. 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 $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the west side of South Powell Parkway (State Highway 5), 1,090 feet south of West White Street being rezoned from Single -Family Estate (SF- E) to Restricted Commercial (C-1) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and 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 has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Single -Family Estate (SF-E) to Restricted Commercial (C-1) zoning. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. 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 day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 25t" day of February 2020. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor 2 EXHIBIT A BEING a tract of land out of the GrandeI on Stark Survey, Abstract Number 798, in the City of Anna, Collin County, Texas, and being a portion of that tract of land described by deed to SWACCHA, LLC as recorded under Document Number 20190218000166800, Official Public Records of Collin County, Texas, (O.P.R.C.C.T.), the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83)): BEGINNING at a concrete monument found for the southwest corner of said SWACCHA tract and the herein described tract, same being the northeast corner of "Parcel 143" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the north line of Lot 1 in Block A of Scribner Addition, an addition in the City of Anna, Collin County, Texas, according to the plat recorded under Volume 2016, Page 442, Plat Records of Collin County, Texas, (P.R.C.C.T); THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said SWACCHA tract, a distance of 19.50 feet to a 5/8 inch rebar with pink cap stamped, "TXDOT SURVEY MARKER RIGHT OF WAY MONUMENT" (hereinafter called "TXDOT") found for the south corner of "Parcel 146, Part 1" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026; THENCE through the interior of said SWACCHA tract and with the east lines of said "Parcel 146, Part 1" the following calls: 1. North 18 degrees 11 minutes 17 seconds East, a distance of 102.49 feet to a 5/8 inch rebar with "TXDOT" cap found; 2. North 04 degrees 08 minutes 19 seconds East, a distance of 200.00 feet to a point within a tree; 3. North 11 degrees 23 minutes 19 seconds West, a distance of 92.58 feet to a 5/8 inch rebar with "TXDOT" cap found for the north corner of said "Parcel 146, Part 1", said point being in the west line of said SWACCHA tract; THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said SWACCHA tract, a distance of 112.00 feet to a S/8 inch rebar with "TXDOT" cap found for the southeast corner of "Parcel 146, Part 2" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026; THENCE North 02 degrees 13 minutes 52 seconds East, through the interior of said SWACCHA tract, and with the east line of said "Parcel 146, Part 2", a distance of 141.43 feet to a 5/8 inch rebar with "TXDOT" cap found for the northeast corner thereof, same being the southeast corner of "Parcel 151" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the common line of said SWACCHA tract and a tract of land called "TRACT 2" as described by deed to Altice Use, Inc. as recorded under Document Number 20181226001561580, (O.P.R.C.C.T.); THENCE South 88 degrees 29 minutes 12 seconds East, with the common line of said SWACCHA tract and said Altice Use tract, a distance of 303.14 feet to a 1/2 inch rebar found for the common east corner thereof, said point being in the west line of a tract of land described by deed to the City of Anna as recorded under Document Number 20170727000992200, (O.P.R.C.C.T.); THENCE with the westerly lines of said City of Anna tract, the following calls 1. South 02 degrees 30 minutes 00 seconds West, a distance of 167.90 feet to a 1/2 inch rebar with pink cap found; 2. North 89 degrees 45 minutes 00 seconds West, a distance of 20.00 feet to a 1/2 inch rebar with pink cap found; 3. South 02 degrees 30 minutes 00 seconds West, a distance of 375.00 feet to a 1/2 inch rebar with pink cap found; 4. South 89 degrees 45 minutes 00 seconds East, a distance of 20.00 feet to a 1/2 inch rebar with pink cap found; 5. South 02 degrees 30 minutes 00 seconds West, a distance of 114.29 feet to the southeast corner of said SWACCHA tract, and being in the north line of said Lot 1, from which an old wood post bears North 78 degrees East a distance of 0.30 feet; THENCE North 89 degrees 11 minutes 29 seconds West, with the north line of said Lot 1, a distance of 317.57 feet to THE POINT OF BEGINNING and enclosing 4.326 (188,461 square feet) of land, more or less. -.. _ H. 6ARTON• III 6737 D 3 WANGLER ROGER D & ASPASIA ABS A0798 G STARK SURVEY, SHEET 1, TRACT 44, 0.33 AC. - I �I I PREMIER PAWN TEXAS LTD IER PAWN TEXAS ADDITION (CAN), BLK 1, LOT 1 I PROPOSED DRIVEWAY ZONED: C-2 I I I MCLITTLE ENTERPRISES LLC I ABS A0798 G STARK SURVEY, SHEET 1, TRACT 38, 0.4711 AC. , FIRST APOSTOLIC CHURCH I ABS A0798 G STARK SURVEY SHEET 1, TRACT 39, 0.5687 AC. - - - i I I MCBROOM FLOYD & EDNA M ABS A0798 G STARK SURVEY, SHEET 1, TRACT 40, 0.9392 AC. I 68s, ZONED: C-2 W-SUP 482-2010 / I \ I 680 I f I I I ANNA 21 LLC, ABS A0798 G STARK SURVEY, SHEET 1, TRACT 78, 20.4141 AC. 1 ZONED: AG 50.0 BUILDING SETBACK I I 20.0' LANDSCAPE BUFFER 600 I i S870 42' 20 96"E U) W _ w >- rl ZQO ZONED: C-2 (TRACT 2) > ALTICE USE, INC. �` DOC. NO. 20181226001561580 O.P.R.C.C.T. I I r 24.0' I 25.000 Mo I � PROPOSED DRIVEWAY I I I I I o L ■ ■ 1 9 �00 1 o N N1 1 cr w � w o fll 1 554.1' a. J ' J ' Lill ' I O ' a ' CENTERLINE OF CREEK/CHANNEL � I CO O p0 o O ' 20.0' LANDSCAPE BUFFER N o 50.0' BUILDING SETBACK I I / U) w ry wQ Z OSW > 690 v / CO / 24.0' / —121.6' / n— 322.665 N87021' 15.24"W� PROPOSED 24' FIRELANE BUIILDING 1 ± 12,500 SF SWACCHA, LLC ABS A0798 G STARK SURVEY, SHEET 1, TRACT 89, 4.567 AC LOT 1 BLOCK A 4.326 ACRES 188,461 SQUARE FEET PROPOSED 24' FIRELANE �1 1 1 i 30 I I I —f1 � � I I I —1 —jI I ---] 1 I MOM S4 ° 09' 26.04 "W — 519. 943 5 STACKING SPACES FROM POINT OF ORDER 5 STACKING SPACES FROM POINT OF ORDER I I LU r a F L w I CV 94'j, o F —I a 0- L II PROPOSED 24' FIRELANE — — — — S890 10' 34.46"E n n 3 97.550 I 318 LF 6' MASONRY LOT 1, BLOCKA SCRIBNER ADDITION SCREENING WALL VOL. 2016, PG. 442 6�h P.R.C.C.T. ZONED: SF-E .000, 1 lop �1 r I I I I I I I I I I I I I I I 0 }Q6 o h INM Z I I I I I II I I I ANNA ISD \ ABS A0798 G STARK SURVEY, SHEET 1, TRACT 'know what's below. I 6.0 AC. Call before you dig. ROPOSED DRIVEWAY I MARTINEZ RODOLFO MARTINEZ ICUNNINGHAM ESTATES (CAN), 10' LANDSCAPE BUFFER LOT 14 S89 ° 47' 40.48 "E 20.000 CITY OF ANNA DOC. NO. 20170727000992200 O.P.R.C.C.T. (COMMONLY KNOWN AS S. INTERURBAN STREET) a W Uj CO PADRON ISIDRO & CUNNINGHAM ESTATES (CAN), LOT 13 TERAN RAUL & ANTONIA CUNNINGHAM ESTATES (CAN), LOT 12 I ZONED: SF-1 IGRISOLIA JACOB RYAN CUNNINGHAM ESTATES (CAN), I LOT 11 IRUBIO CHRISTOBAL & CANDIDA TERAN CUNNINGHAM ESTATES (CAN), 10.0' LANDSCAPE BUFFER LOT 10 N89 ° 47' 40.48 "W 20.000 0 PONDER WILLIAM & JACQUELINE CUNNINGHAM ESTATES (CAN), LOT 9 I I EQUITY TRUST COMPANY CUSTODIAN FBO BETTY R. MOORE CUNNINGHAM ESTATES (CAN), LOT 8 MARTINEZ OSCAR GARCIA ABS A0798 G STARK SURVEY,SHEET1,TRACT 120, 0.3124 AC. it GRAPHIC SCALE 0 40 80 FEET 11110, 71 SCALE: 1 " = 40' SITE SUMMARY TABLE LAND USE COMMERCIAL LOT AREA GROSS 197,681 S.F. (4.54 AC.) TOTAL IMPERVIOUS AREA 125,233 S.F. (2.87 AC.) PARKING SUMMARY: RESTAURANT (DINING) (20,300 SF / 1000 SF * 10 SPACES) 203 SPACES PARKING PROVIDED 203 SPACES RETAIL (4,850 SF / 1000 SF * 4 SPACES) 20 SPACES PARKING PROVIDED 20 SPACES TOTAL PARKING REQUIRED 223 SPACES TOTAL PARKING PROVIDED 223 SPACES ADA PARKING REQUIRED 7 SPACES ADA PARKING PROVIDED 7 SPACES LEGEND PROPOSED FACE AND BACK OF CURB PROPOSED FIRE LANE PAVEMENT PARKING COUNT QUICK SERVICE RESTARUANTS QSR CONCEPT PLAN BUZZ CENTER ADDITION, BLOCK A, LOT 1 4.326 Acres Out Of The GRANDERSON STARK SURVEY ABSTRACT NO. 798 IN THE CITY OF ANNA, LOCATED IN COLLIN COUNTY, TEXAS Preparation Date: 1 /30/2020 APPROVED OWNER/APPLICANT Swaccha, LLC APPROVED FEBRUARY 3, 2020 4613 Meadow Ridge Dr. FEBRUARY 25, 2020 P&Z COMMISSION Plano, Texas 75093 CITY COUNCIL CITY OF ANNA elephone (214) 616-3764 CITY OF ANNA —Contact: Dr. Uma, Chintapalli ENGINEER SURVEYOR Kirkman Engineering Barton Chapa Surveying 5200 State Highway 121 5200 State Highway 121 Colleyville, Texas 76034 Colleyville, Texas 76034 Telephone (817) 488-4960 Telephone (817) 864-1957 TBPE No. 15874 TFRN No: 10194331 Contact: Patrick Filson, P.E. Contact: Jack Baron, R.P.L.S. ra irkman ENGINEERING 5200 State Highway 121 Colleyville, Texas 76034 Phone: 817-488-4960 DEVELOPER/OWNER THE CITY OF Anne JOB NUMBER: HIT19001 DESIGNED BY: JMC DRAWN BY: JMC CHECKED BY: PCF ISSUE DATE: 1-30-2020 REV: Kirkman Engineering, LLC Texas Firm No: 15874 ANNA BUZZ CENTER AN NA, TEXAS CONCEPT PLAN SHEET: V 10 © Copyright 2020, Kirkman Engineering THE CITY OF Anna AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 2/25/2020 Consider/Discuss/Action on a Resolution approving the Preliminary Plat Buzz Center Addition, Block A, Lot 1. (Director of Development Services Ross Altobelli) SUMMARY: Restaurants with drive -through and retail on one lot on 4.3± acres located on the east side of S. Powell Parkway (State Highway 5), 681± feet north of Cunningham Boulevard. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommend approval as submitted. ATTACHMENTS: Description Location Map Resolution EXHIBITA Upload Date Type 2/11 /2020 Exhibit 2/13/2020 Resolution 2/13/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT FOR BUZZ CENTER ADDITION, BLOCK A, LOT 1. 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 Article 9.04 the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Patrick Filson, P.E., has submitted an application for approval of a preliminary plat for Buzz Center Addition, Block A, Lot 1; 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 Plan The City Council hereby approves the preliminary plat for Buzz Center Addition, Block A, Lot 1 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t" day of February 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike VICINITY MAP - NOT TO SCALE "PARCEL 151" STATE OF TEXAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY CSJ: 0047-04-026 (DOCUMENT NOT YET RECORDED AT TIME OF SURVEY) SURVEYOR'S NOTES: 1. Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD'83), distances are surface with a combined scale factor of 1.00015271. 2. This property lies within Zone "X" of the Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas, map no. 48085C0160J, with an effective date of June 2, 2009, via scaled map location and graphic plotting. "PARCEL 146, PART 2" STATE OF TEXAS 3. Monuments are found unless specifically designated as set. DEPARTMENT OF TRANSPORTATION< RIGHT-OF-WAY CSJ: 0047-04-026 (DOCUMENT NOT YET RECORDED AT TIME OF SURVEY) 40' 0 20' 40' 80' SCALE: 1 " = 40' LEGEND OF ABBREVIATIONS • D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS • P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS • O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS • DOC. NO. DOCUMENT NUMBER • C.M. CONTROLLING MONUMENT • SQ. FT. SQUARE FEET • ROW RIGHT OF WAY • CRS CAPPED REBAR SET Line Data Table Line # Distance Bearing L1 38.49' N5129'35"E L2 19.33' N45°42'00"E L3 16.78' S7837'13"E L4 32.64' S87°05'35"E L5 18.07' S6638'58"E L6 25.21' N42°05'33"E L7 57.16' N85°56'19"E L8 47.09' N4329'45"E L9 23.22' N5739'34"E L10 20.67' N18°50'46"E L11 25.00' N44°49'53"E L12 24.27' N18°54'12"E L13 25.28' N13°15'14"E L14 14.28' SO4°09'09"W L15 10.25' S18*11'17"W L16 46.34' N89°40'17"W L17 16.74' S0830'19"E L18 12.35' S14°16'26"W L19 13.09' S87°50'57"E L20 24.00' S02°13'52"W L21 24.00' N0230'00"E L22 12.80' N0722'07"W Q b Y Ln 3 azco a -J = Q Lu�> Fm _Z O a W "PARCEL 146, PART 1" STATE OF TEXAS DEPARTMENT OF TRANSPORTATION < RIGHT-OF-WAY CSJ: 0047-04-026 (DOCUMENT NOT YET RECORDED AT TIME OF SURVEY) Curve Data Table Curve # Arc Radius Delta Chord Bearing Chord C1 30.26' 20.00' 086°40'33" S46°59'27"W 27.45' C2 31.17' 20.00' 089*17'12" N45*01'41 "W 28.11' C3 30.26' 20.00' 086°40'33" S46°59'27"W 27.45' C4 5.42' 20.00' 01531'26" SO4°06'32"E 5.40' C5 26.31' 20.00' 075 21'54" S4933'12"E 24.45' C6 45.66' 25.00' 10438'06" N4026'48"E 39.57' C7 40.09' 22.83' 10035'39" N4235'26"W 35.14' C8 39.57' 24.84' 1 091 *16'33" S4730'29"W 35.51' C9 39.19' 25.00' 089°48'35" S42°56'40"E 35.30' C10 39.31' 25.01' 090*03'17" N47°06'10"E 35.38' C11 39.36' 25.26' 089°15'45" S42°58'23"E 35.49' C12 27.87' 20.00' 079°50'09" N52°13'58"E 25.67' CONC. N88°29' 12"W 20.47' 5/8" REBAR "5256" N87°47'18"W 25.01' XHI IT A I 1/2" REBAR "4709" I M �UTILITY EASEMENT TO CITY OF ANNA DOC. NO. 20120110000030870, O.P.R.C.C.T. (TRACT 1) W I ALTICE USE, INC. DOC. NO. 20181226001561580 I O.P.R.C.C.T. a 0 z R =5256= S88°29'12"E 321.88' - - 5/8" REBAR "5256" I UTILITY EASEMENT TO CITY OF ANNA 0 I DOC. NO. 20120110000030860, O.P.R.C.C.T. '� I`r (TRACT 2) ALTICE USE, INC. ° DOC. NO. 20181226001561580 I 5/8" REBAR "TXDOT" O.P.R.C.C.T. I o NO2°34'35"E M 16.94' Z 5 8" REBAR "TXDOT" (C.M.) S88029112"E 303.14' - - - - - - ____ 1/2"REBAR 5.17' 8.55' Io ------ N8750'57"W 303.08 - - - - - - - - - - - - - - - - N I L1s - - � - 58750'S7"E 86.00' \ C1',fl �O/ - - - - - - - S8750'57"E 61.02' IW I I o 0 N I I I o ° I 2 EASEMENTEBYNTHIS PLAT I I I I I ^I I ^I to I � to WI I� I� �I 13 0l 13 NI I LUI .1b N04 °09'09 "E 19.50' I I 0 I I o V1 i I CENTERLINE OF CREEK/CHANNEL I I I I I o I p 24' FIRELANE AND ACCESS I N I EASEMENT BY THIS PLAT o I I I^ I z I N "I 13 I la ZI I� •WI I I I zl I I I I II�-24.Ob1 I I I I I I I 5/8" REBAR "TXDOTr I I I I I i I 1/2" REBAR "PINK I I I I CIP I I I I I I I I I I I 1 I I � / I `"- L16 N89 40'17"W 96.16'14 I 5/8" REAR "TXDOT" N I S89 40'17"E 252.23' b J -------------------------------- WOOD POST N89°I1'29"W /I POINT OF 24.80' BEGINNING UTILITY EASEMENT TO CITY OF ANNA I I DOC. NO. 20120110000030770, O.P.R.C.C.T. "PARCEL 143" STATE OF TEXAS DEPARTMENT OF LANDSCAPE EASEMENT I TRANSPORTATION RIGHT-OF-WAY CSJ: 0047-04-026 VOL. 2016, PG. 442, P.R.C.C.T. (DOCUMENT NOT YET RECORDED I AT TIME OF SURVEY) I I REBAR "PINK" N89045'00"W 20.00' I I CITY OF ANNA DOC. NO. 20170727000992200 O.P.R.C.C.T. (COMMONLY KNOWN AS S. INTERURBAN STREET) I I I -100.0' S89045'00"E 20.00' ) 1/2" REBAR "PINK" STATE OF TEXAS § The undersigned does covenant and agree that the access easement may be utilized by COUNTY OF COLLIN § any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire WHEREAS SWACCHA, LLC is the sole owner of the following described tract: Department and emergency use, in, along, upon, and across said premises, with the right BEING a tract of land situated in the G. Stark Survey, Abstract Number 798, City of Anna, and privilege at all times of the City of Anna, its agents, employees, workmen, and Collin County, Texas, being part of the tract described by deed to SWACCHA, LLC as representatives having ingress, egress, and regress in, along, upon, and across said recorded under Document Number 20190218000166800, Official Public Records of premises. Collin County, Texas, (O.P.R.C.C.T.), the subject tract being more particularly described This approved subject to all platting ordinances, rules, and regulations of the City of as follows (bearings are based on State Plane Coordinate System, Texas North Central Anna, Texas. Zone (4202) North American Datum of 1983 (NAD'83)): WITNESS my hand this the day of 20_ BEGINNING at a concrete monument found at the southwest corner of said SWACCHA tract and the herein described tract, same being the northeast corner of "Parcel BY: 143" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the north line of Lot 1 in Block A of Scribner Addition, an addition in PRINT NAME/TITLE: the City of Anna, Collin County, Texas, according to the plat recorded under Volume 2016, Page 442, Plat Records of Collin County, Texas, (P.R.C.C.T); STATE OF TEXAS § THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said COUNTY OF § SWACCHA tract, a distance of 19.50 feet to a 5/8 inch rebar with pink cap stamped, "TXDOT SURVEY MARKER RIGHT OF WAY MONUMENT" (hereinafter called "TXDOT") BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day found for the south corner of "Parcel 146, Part 1" State of Texas Department of personally appeared , known to me to be the person whose Transportation Right -of -Way CSJ: 0047-04-026; name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same in capacity herein stated and the act and deed of said company. THENCE through the interior of said SWACCHA tract and with the east lines of said "Parcel 146, Part 1" the following calls: GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1. North 18 degrees 11 minutes 17 seconds East, a distance of 102.49 feet to a 5/8 20- inch rebar with "TXDOT" cap found; 2. North 04 degrees 08 minutes 19 seconds East, a distance of 200.00 feet to a point within a tree; Notary Public in and for 3. North 11 degrees 23 minutes 19 seconds West, a distance of 92.58 feet to a 5/8 the State of Texas inch rebar with "TXDOT" cap found for the north corner of said "Parcel 146, Part 1", said point being in the west line of said SWACCHA tract; STATE OF TEXAS § THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said COUNTY OF TARRANT § SWACCHA tract, a distance of 112.00 feet to a 5/8 inch rebar with "TXDOT" cap found for the southeast corner of "Parcel 146 Part 2" State of Texas Department of I, John H. Barton III, do hereby certify that I prepared this plat from an actual and ' accurate survey of the land, and that the corner monuments shown thereon as "set" Transportation Right -of -Way CSJ: 0047-04-026; were properly placed under my supervision. THENCE North 02 degrees 13 minutes 52 seconds East, through the interior of said PRELIMINARY SWACCHA tract, and with the east line of said "Parcel 146, Part 2", a distance of 141.43 THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE feet to a 5/8 inch rebar with "TXDOT" cap found for the northeast corner thereof, same AND SHALL NOT BE USED, VIEWED, OR RELIED UPON AS A FINAL being the southeast corner of "Parcel 151" State of Texas Department of Transportation Right -of -Way CSJ: 0047-04-026, said point also being in the common line of said SURVEY DOCUMENT January 26, 2020 SWACCHA tract and a tract of land called "TRACT 2" as described by deed to Altice Use, John H. Barton III, RPLS No. 6737 Inc. as recorded under Document Number 20181226001561580, (O.P.R.C.C.T.); STATE OF TEXAS § THENCE South 88 degrees 29 minutes 12 seconds East, with the common line of said COUNTY OF § SWACCHA tract and said Altice Use tract, a distance of 303.14 feet to a 1/2 inch rebar found for the common east corner thereof, said point being in the west line of a tract of BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day land described by deed to the City of Anna as recorded under Document Number personally appeared ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she 20170727000992200, (O.P.R.C.C.T.); executed the same as for the purpose and consideration therein expressed, and in the THENCE with the westerly lines of said City of Anna tract, the following calls: capacity therein stated. 1. South 02 degrees 30 minutes 00 seconds West, a distance of 167.90 feet to a 1/2 inch rebar with pink cap found; Notary Public in and for 2. North 89 degrees 45 minutes 00 seconds West, a distance of 20.00 feet to a 1/2 the State of Texas inch rebar with pink cap found; 3. South 02 degrees 30 minutes 00 seconds West, a distance of 375.00 feet to a 1/2 Approved this day of , 20 by the City Council of inch rebar with pink cap found; the City of Anna, Texas. 4. South 89 degrees 45 minutes 00 seconds East, a distance of 20.00 feet to a 1/2 inch rebar with pink cap found; 5. South 02 degrees 30 minutes 00 seconds West, a distance of 114.29 feet to the MAYOR CITY SECRETARY southeast corner of said SWACCHA tract, and being in the north line of said Lot 1, from which an old wood post bears North 78 degrees East a distance of 0.30 feet; THENCE North 89 degrees 11 minutes 29 seconds West, with the north line of said Lot 1, a distance of 317.57 feet to THE POINT OF BEGINNING and enclosing 4.326 (188,461 square feet) of land, more or less. OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT SWACCHA, LLC acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as BUZZ CENTER ADDITION, BLOCK A, LOT 1, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. BEARS N 78' E 1 0.30' S89°1129"E OWNER N890I 1'29"W 317.5T 33.75' 1/2" REBAR "GEER" - SWACCHA, LLC BUZZ CENTER ADDITION I 4613 MEADOWRIDGE DRIVE PLANO, TX 75093 PRELIMINARY PLAT OF BLOCK A. LOT 1 LOT 1, BLOCK A SCRIBNER ADDITION (TRACT I) SURVEYOR ENGINEER 4.326 ACRES VOL. 2016, PG. 442 OSCAR GARCIA MARTINEZ SANITARY SEWER EASEMENT TO CITY OF ANNA BARYON CHAPA SURVEYING, LLC KIRKMAN ENGINEERING P.R.C.C.T. DOC. N0. 20150826001082820, O.P.R.C.C.T. I DOC. NO. 20151022001337780 I JOHN H. BARTON, III RPLS# 6737 SHEA KIRKMAN SITUATED IN THE G. STARK SURVEY O.P.R.C.C.T. p 5200 STATE HIGHWAY 121 5200 STATE HIGHWAY 121 ABSTRACT NO. 798 I COLLEYVILLE, TX 76034 COLLEYVILLE, TX 76034 (817) 864-1957 (817) 488-4960 CITY OF ANNA, COLLIN COUNTY, TEXAS I JACK@BCSDFW.COM SHEA.KIRKMAN@TRUSTKE.COM JAN UARY 2020 11r3 irkman ENGINEERING 5200 State Highway 121 Colleyville, TX 76034 Phone: 817-488-4960 JOB NUMBER: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT SWACCHA, LLC acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as BUZZ CENTER ADDITION, BLOCK A, LOT 1, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. BEARS N 78' E 1 0.30' S89°1129"E OWNER N890I 1'29"W 317.5T 33.75' 1/2" REBAR "GEER" - SWACCHA, LLC BUZZ CENTER ADDITION I 4613 MEADOWRIDGE DRIVE PLANO, TX 75093 PRELIMINARY PLAT OF BLOCK A. LOT 1 LOT 1, BLOCK A SCRIBNER ADDITION (TRACT I) SURVEYOR ENGINEER 4.326 ACRES VOL. 2016, PG. 442 OSCAR GARCIA MARTINEZ SANITARY SEWER EASEMENT TO CITY OF ANNA BARYON CHAPA SURVEYING, LLC KIRKMAN ENGINEERING P.R.C.C.T. DOC. N0. 20150826001082820, O.P.R.C.C.T. I DOC. NO. 20151022001337780 I JOHN H. BARTON, III RPLS# 6737 SHEA KIRKMAN SITUATED IN THE G. STARK SURVEY O.P.R.C.C.T. p 5200 STATE HIGHWAY 121 5200 STATE HIGHWAY 121 ABSTRACT NO. 798 I COLLEYVILLE, TX 76034 COLLEYVILLE, TX 76034 (817) 864-1957 (817) 488-4960 CITY OF ANNA, COLLIN COUNTY, TEXAS I JACK@BCSDFW.COM SHEA.KIRKMAN@TRUSTKE.COM JAN UARY 2020 11r3 irkman ENGINEERING 5200 State Highway 121 Colleyville, TX 76034 Phone: 817-488-4960 JOB NUMBER: 11r3 irkman ENGINEERING 5200 State Highway 121 Colleyville, TX 76034 Phone: 817-488-4960 JOB NUMBER: 2019.001.110 DRAWN BY: BCS CHECKED BY: JHB REV: 01 /26/2020 - CITY COMMENTS Z:\Project Data\Survey\001 - Kirkman Engineering\2019\110 - Powell Parkway - Anna\Drawings THE CITY OF Anna AGENDA ITEM: Item No. 12. City Council Agenda Staff Report Meeting Date: 2/25/2020 Consider/Discuss/Act on the appointment of members to the Boards Interview Committee. (City Secretary Carrie Land) SUMMARY: The Boards Interview Committee is appointed to review board applications, conduct interviews and recommend appointments, to the City Council, for the various City boards and commissions. It is recommended that three members of the Council serve on this committee. STAFF RECOMMENDATION: Mayor Pike appoint three Council Members to serve on the Boards Interview Committee. ATTACHMENTS: Description Upload Date Type Appointment Calendar 2/20/2020 Backup Material BOARDS AND COMMISSIONS APPOINTMENTS CALENDAR January Application is updated. Application is placed on website and copies made for front office. Current appointees who will have served their term limits are identified. Staff liaisons are notified of those whose terms are complete. Current appointees whose terms expire May 31 St and are eligible for reappointment are identified. Letters (with applications) are sent to those asking if they wish to serve another term. February- Mayor appoints 3 Council Members to the Interview Committee. April Applications are mailed in utility billing during February billing cycle. Article submitted to Newspaper in March. As applications are received, voter registration numbers and addresses are verified. Applications are sent to City Attorney for background check. Applications are due April 1. Applications are provided to Interview Committee. Interviews conducted by Interview Committee. May Recommendations are presented to Council by Interview Committee. Appointments are held by City Council. June Letters of appointment and reappointment are sent to appointees. Termed out members are sent letters of recognition and certificates (signed by Mayor). Acknowledgement letters are sent to those not selected asking them to apply again next year. (Signed by City Secretary's office). New rosters & copies of applications for each board or commission are sent to each staff liaison. City Secretary's office keeps master copies of rosters and applications in case of vacancies through the year. Website updated for each board. City Secretary or Notary administer oaths to each new board/commission member. Revised 2/20/2020 Anna City.4588.1.Appointments_Calendar.docx