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HomeMy WebLinkAboutCCpkt2016-07-12.1 A Y{OUR} HOMETOWN CITY OF ANNAAGENDA NOTICE -CITY COUNCIL MEETING July 12, 2016 6:30 PM -Anna City Hall The City Council of the City of Anna will meet in Work Session at 6:30 PM, on July 12, 2016, at the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items: 2. Roll Call and Establishment of Quorum 3. Discussion regarding FY 17 Utility Fund Budget 4. Briefing/Discussion regarding remodel of Natural Springs Park Barn 5. Briefing/Discussion item regarding Fiscal Year 2016 street rehabilitation projects 6. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 7. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 8. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before . Carrie L. Smith, City Secretary 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. y€OW HOMETOWN AGENDASUBJECT: Discussion regarding FY 17 Utility Fund Budget SUMMARY: Staff will review the following draft budgets with the City Council: • Water • Sewer • Utility Billing • Solid Waste Item No.3. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Finance Director Exhibits: These departments comprise the Utility Fund operations for the City of Anna. These departments are entirely funded through user fees assessed for utility service from the City of Anna. In concert with our rate consultant, staff has developed preliminary revenue projections based upon consumption data. Our rate consultant is finalizing the model and we will present the rate model at the next council meeting. STAFF RECOMMENDATION: y€OW HOMETOWN AGENDASUBJECT: Item No.4. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Briefing/Discussion regarding remodel of Natural Springs Park Barn SUMMARY: The current fiscal year budget includes an allocation of $150,000 in the Park Trust Fund for improvements to Natural Springs Park. Improvements completed so far this year include renovations to the equipment storage building (old horse barn), and the demolition of the old metal storage building and a dilapidated wood barn structure. The cost of these improvements are as follows: Removal of the mezzanine/concrete work and enclosing building - $44,616 Lighting of the building - $ 5,700 Demolition of the two structures - $ 7,425 Total - $57,741 We are planning to convert a portion of the equipment storage building into office space for our Park Superintendent, a break room, and a restroom facility for park patrons and the Parks department staff. An architect will be required to design these improvements. We have received a proposal from Spurgin & Associates Architects from McKinney to perform these services. The Cost of the services will be $16,000. With the current expenditures and the architectural services completed we will have $76,259 remaining for building improvements. STAFF RECOMMENDATION: ATTACHMENTS: Description Architect Proposai Remodel Plan Upload Date Type 7/8/2016 Exhibit 7/8/2016 Exhibit Owner/Architect Letter of Agreement Date: June 20, 2016 Owner: City of Anna 111 N. Powell Parkway P.O. Box 776 Anna, Texas 75409-0776 972-924-3325 i:a Architect: Spurgin & Associates Architects 103 W. Louisiana Street McKinney, Texas 972-562-5368 Project: Parks Office & Restroom Finishout Old Horse Barn at Natural Springs Park W. White Street (FM 455) near Slater Creek Road Anna, Texas 75409 Project Description The project consists of a new concrete slab and office, breakroom and restroom finishout of approximately 1,200 SF of existing shell building space along the west side of the existing metal building structure, tapping onto and making use of the existing electrical service, domestic water service and septic system/lateral lines. Architect's Responsibilities The Architect shall provide architectural services for the project, including normal structural, mechanical and electrical design services; no civil engineering services are anticipated at this time. Services will be performed in a manner consistent with reasonable professional skill and care. During the Design and Construction Document Phases, the Architect shall perform the following tasks: 1. develop a design solution based on the approved project requirements; 2. upon the Owner's approval of the design solution, prepare Construction Documents including a Project Manual, indicating requirements for construction of the project; 3. assist the Owner in filing documents required for the approval of governmental authorities and; 4. assist the Owner in obtaining bids/proposals and award contracts for construction. During the Contract Administration Phase, the Architect shall act as the Owner's representative and provide administration of the Contract between the Owner and Contractor. Unless otherwise agreed, the Architect's responsibility and services during construction include visiting the site, reviewing and certifying payments to the Contractor, reviewing the Contractor's submittals, rejecting non -conforming work, and interpreting the Contract Documents. 103 W. Louisiana Street McKinney, Texas 75069-4413 Tel/Fax: 972-562-5368 Email: mckspurgin@sbcglobal.net Owner's Responsibilities The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the project, and shall establish a budget with reasonable contingencies that meets the project requirements. The Owner shall furnish surveying, geotechnical engineering and environmental testing services as required upon request by the Architect. The Owner shall employ a contractor to perform the construction work and to provide cost -estimating services. The Owner shall furnish for the benefit of the project all legal, accounting and insurance counseling services. Use of Architect's Documents Documents prepared by the Architect are instruments of service for use solely with respect to this project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall not reuse or permit the reuse of the Architect's documents except by mutual agreement in writing. Termination, Suspension or Abandonment In the event of termination, suspension or abandonment of the project, the Architect shall be equitably compensated for services performed. Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and is sufficient cause for the Architect to either suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the other party substantially fails to perform in accordance with the terms of this Agreement. Miscellaneous Provisions This Agreement shall be governed by the law of the location of the project. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to this Agreement. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project site. Payments and Compensation to the Architect The Owner shall compensate the Architect as follows. The Architect's Compensation shall be a Stipulated Sum of Sixteen Thousand Dollars ($16,000.00). The Architect shall invoice the Owner at the milestones set forth below for the percentage of the total fee indicated: 1. Construction Documents 50% complete (35% of fee); 2. Construction Documents 100% complete (40% of fee); 3. Owner/Contractor execution of Construction Contract (5% of fee); 4. Construction 50% complete (10% of fee); 5. Construction Substantial Completion (10% of fee). The Architect and the Architect's consultants shall be reimbursed for expenses incurred in the interest of the project, plus an administrative fee of ten percent (10%). 103 W. Louisiana Street McKinney, Texas 75069-4413 Tel/Fax: 972-562-5368 Email: mckspurgin@sbcglobal.net Payments are due and payable upon receipt of the Architect's invoice. Amounts unpaid thirty (30) days after invoice date shall bear interest from the date payment is due at the rate of one -and -one-half percent (1.5%). Architectural and consultant services not covered by this Agreement include, among others, revisions due to changes in the scope, quality or budget. The Architect and/or his consultants shall be paid additional fees for these services based on the Architect's or his consultants' hourly rates when the services are performed. This Agreement entered into as of day and year first written above. CITY OF ANNA SPURGIN & ASSOCIATES ARCHITECTS (Signature) (Printed name, title and address) (Signature) (Printed name, title and address) 103 W. Louisiana Street McKinney, Texas 75069-4413 Tel/Fax: 972-562-5368 Email: mckspurgin@sbcglobal.net Item No.5. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Joseph Johnson Exhibits: Yes AGENDASUBJECT: Briefing/Discussion item regarding Fiscal Year 2016 street rehabilitation projects SUMMARY: Briefing/Discussion item regarding Fiscal Year 2016 street rehabilitation projects, available funding for projects and potential future projects. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Street Presentation 7/8/2016 Presentation Street Rehabilitation — Potential Projects — 1. Fern 2. Butler between Ashley and SH 5 3. County Road 371 between SH 5 and US 75 4. N. Riggins between 4th and Hackberry 5. N. Interurban between 2nd and 4th 6. W. 3rd between SH 5 and Riggins 7. 2nd between Sherley and Easton 8. Easton between 2nd and 4th 9. 41h between Sherley and Easton 10. Easton between 5th and 6th 11. W. Th between SH 5 and Riggins 12. E. Th between Sherley and east terminus 13. Wildwood Trail (Total approximate project length - 22,000 linear feet) Street Rehabilitation — FY 16 — FY 16 Recommended Project — 1. Fern — 1.300 linear feet 2. Valley gutter in street 3. FY 16 recommended project 4. Funding strategy — FY 16 and FY 17 funds Street Rehabilitation — Future Projects CK 371, Butler 1. CR 371 — 9,980 linear feet (1.89 miles) 2. CR 371 is a potential level -up and chip -seal project 3. Butler — 850 linear feet Street Rehabilitation —Future Projects — Potential Projects — 1. N. Riggins between 4th and Hackberry — 1,230 linear feet 2. N. Interurban between 2nd and 41h — 650 linear feet 3. W. 3rd between SH 5 and Riggins — 600 linear feet 4. 2nd between Sherley and Easton — 690 linear feet 5. Easton between 2nd and 4th — 630 linear feet 6. 4th between Sherley and Easton — 680 linear feet 7. Easton between 51h and 6th — 380 linear feet 8. W. 7th between SH 5 and Riggins — 680 linear feet 9. E. 7th between Sherley and east terminus — 946 linear feet Street Rehabilitation —Future Projects — Wlildwood Trail — 1. Wildwood Trail — 2,980 linear feet 2. Potential level up and chip -seal project Y{OUR} HOMETOWN CITY OF ANNAAGENDA NOTICE - CITY COUNCIL MEETING July 12, 2016 7:30 PM -Anna City Hall The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on July 12, 2016, 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. Call to Order/Roll Call. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Recieve reports from Staff or the City Council about items of community intrest. 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. Recognition of outgoing board members 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 June 28, 2016 Council Meeting Minutes b. Review of EDC Minutes from April 7, 2016 and May 5, 2016 C. Review of CDC Minutes from April 7, 2016 and May 5, 2016 d. Resolution approving a Development Plat of the Nichols Addition e. Resolution approving a Preliminary Plat of Anna ISD Elementary School #3 Resolution approving a site plan of Anna ISD Elementary School #3 g. Resolution approving a Preliminary Plat of Pecan Grove Phases I I — IV. h. Resolution approving a Preliminary Plat of the Anna 55 Acre Tract Resolution approving a Final Plat of Avery Pointe Phase 2. Resolution approving a Final Plat of Avery Pointe Phase 3 6. Conduct Public Hearing (2) for Annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract No. 0823. 7. Conduct a Public Hearing and take action on an ordinance amending PD 127-2004 by changing the zoning standards for Sweetwater Crossing Phase I I from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy.) and Rosamond Pkwy. 8. Conduct a Public Hearing and take Action on an Ordinance amending the Anna City Code Of Ordinances by repealing Part I I I -A (Subdivision Regulations), Article 1, Section 16 (Building Permits Required In The City's Extraterritorial Jurisdiction) 9. Conduct a Public Hearing and take Action on an Ordinance amending the Anna City Code Of Ordinances by amending Part I I I -A (Subdivision Regulations), Article 1, Section 16 (Building Permits Required In The City's Extraterritorial Jurisdiction) 10. Consider/Discuss/Action regarding an appointment to the Anna Fire and Rescue Auxiliary Association Inc. Board of Directors 11. Consider/Discuss/Action regarding a Resolution approving the FY 2017 Child Abuse -Family Violence Investigator grant application, and naming the City Manager as the City's Authorized Grant Official 12. Consider/Discuss/Action regarding a Resolution approving the FY 2017 Radio Compliance Upgrade grant application and naming the City Manager as the City's Authorized Grant Official 13. Consider/Discuss/Action regarding a Resolution approving the FY 2017 School Resource Officer grant application and designating the City Manager as the City's Authorized Grant Official 14. Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances byAmending Part I I (General Ordinances), Article 50 (Management of Public Rights -of -Way), Section 1 (Definitions) and Section 9 (Location of Utility Structures) 15. CLOSED SESSION (EXECEPTIONS) 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); 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. 16. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 17. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before . Carrie L. Smith, City Secretary 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. y€OW HOMETOWN AGENDASUBJECT: Approve June 28, 2016 Council Meeting Minutes SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description June 28, 2016 Minutes for Work Session June 28, 2016 Minutes for Regular Session Item No.5.a. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact. Carrie Smith Exhibits: Yes Upload Date Type 7/7/2016 Exhibit 7/7/2016 Exhibit ANNA CITY COUNCIL MINUTES WORK SESSION June 28, 2016 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Crist called the meeting to order at 6:30 pm. Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan Bryan and Lee Miller were present. Justin Burr was absent. 2. Discussion regarding FY 17 budget. (Clayton Fulton) Staff reviewed the following departments, discussed department's base budget, and supplemental budget requests • Planning • Parks • Streets • Park Trust 3. 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). b. discuss or deliberate personnel matters (Tex. Gov't Code §551.074). The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. MOTION: Council Member Miller moved to enter closed session. Council Member Beazley seconded. Motion carried 6-0. June 28, 2016 CC Work Session Minutes Mayor Crist recessed to Closed Session at 7:21 p.m. Mayor Crist reconvened to Open Session at 7:24 p.m. 4. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Pelham moved to take no action. Council Member Beazley seconded. Motion carried 6-0 5. Adjourn. MOTION: Council Member Beazley moved to adjourn. Council Member Miller seconded. Motion carried 6-0. Mayor Crist adjourned the meeting at 7:25 p.m. Approved on the 12th day of July, 2016. ATTEST: City Secretary Carrie L. Smith Mayor Mike Crist June 28, 2016 CC Work Session Minutes 2 ANNA CITY COUNCIL MINUTES REGULAR SESSION June 28, 2016 The City Council of the City of Anna met in Regular Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Crist called the meeting to order at 7:30 p.m. Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan Bryan and Lee Miller were present. Justin Burr was absent. 2. Invocation and Pledge of Allegiance. Mayor Crist led the Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 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. City Manager Sanders announced the July 4th Celebration will be held at Anna H.S. June 28, 2016 CC Regular Session Minutes 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council minutes for June 14, 2016. (Carrie Smith) b. Approve a Resolution approving a special event permit and authorizing an agreement between the City of Anna and the Greater Anna Chamber Of Commerce for 4th of July Firework Display. (Maurice Schwanke) RESOLUTION 2016-06-186 - RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR 4TH OF JULY FIREWORK DISPLAY. c. Approve a Resolution approving an amendment to a contract with Collin County for EMS service. (Chief Gothard) RESOLUTION 2016-06-187 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AMENDMENT THREE (3) TO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE PROVISION OF AMBULANCE SERVICE MOTION: Mayor Crist moved to approve the Consent Agenda. Council Member Beazley seconded. Motion carried 6-0. 6. (a) Conduct a public hearing on a request by Alan Hashem to amend PD 127-2004 by changing the zoning standards for Sweetwater Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy.) and Rosamond Pkwy. Planning Director Schwanke gave Council a brief overview. Planned Development Ordinance number 127-2004 covers the entire Sweetwater Crossing subdivision development. The development standards set forth in the existing Ordinance require that the property be developed consistent with the SF-72 zoning district, which requires a minimum lot size of 7,200 square feet. The property owner is requesting that the development standards be amended to allow Phase II of the development to comply with the SF-60 zoning district, which would allow 6,000 square foot lots. June 28, 2016 2 CC Regular Session Minutes Mayor Crist opened the public hearing at 7:37 p.m. No Comments. Mayor Crist closed the public hearing at 7:37 p.m. Developer Alan Hashem requested time to speak on his request. Mayor Crist reopened the public hearing at 7:38 p.m. Developer Alan Hashem, 5960 W. 75024, provided Council with an Exhibit 6A.) Parker Rd., Ste 278-188, Plano TX Amended Zoning Request. (See Mayor Crist recessed the public hearing to the June 26, 2016 meeting. (b) Consider/Discuss/Action on an ordinance amending PD 127-2004 by changing the zoning standards for Sweetwater Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy.) and Rosamond Pkwy. (Maurice Schwanke) Item tabled to the June 26, 2016 meeting. 7. Conduct a public hearing (1st) on the Annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract No. 0823. (Maurice Schwanke) Mayor Crist opened the public hearing at 8:28 p.m. No comments. Mayor Crist closed the public hearing at 8:28 p.m. 8. Consider/Discuss/Action regarding a Resolution authorizing participation in the Collin County Park and Open Space Grant Program for improvements to Natural Springs Park. (Maurice Schwanke) The improvements will include the following: • Construction of a new entrance from F.M. 455 at a future median opening (lines up with Buffalo Bill) and a paved parking lot; • Dredging and reshaping of both ponds in the Park; • Drilling a well to maintain the water levels and the installation of fountains/lighting in the ponds; • Septic system improvements; • Trail connections. The dredging of the north and south ponds will allow for the ponds to be deepened in order to allow for a suitable habitat for fish. The June 28, 2016 3 CC Regular Session Minutes project will also make the water features more attractive and provide for increased diversity of activities available to our citizens. The application deadline for the Collin County Park Program is July 11th. This grant is a 50/50 matching grant. We are anticipating that the City share of the funding will be through the Park Trust Funds and the value of land already obtained by the Anna Community Development Corporation. The preliminary budget for this project is $329,000. RESOLUTION 2016-06-188 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDING THROUGH THE COLLIN COUNTY PARKS AND OPEN SPACE PROJECT FUNDING ASSISTANCE PROGRAM AND DESIGNATING THE CITY MANAGER AS THE GRANT PROGRAM OFFICIAL OR REPRESENTATIVE. MOTION: Council Member Pelham moved to approve. Council Member Bryan seconded. Motion carried 6-0. 9. Consider/Discuss/Action regarding appointments/reappointments to Anna Economic Development Corporation. (City Council) Council Member Pelham nominated Nate Pike to Place 7. Council Member Miller nominated Christian Landers to Place 7. MOTION: Council Member Pelham moved to appoint Nate Pike to Place 7. Council Member Beazley seconded. Motion carried 4-2. Martinez and Miller opposed. 10. Consider/Discuss/Action regarding appointments/reappointments to Anna Community Development Corporation. (City Council) MOTION: Mayor Crist nominated Hermann for Place 2, Stump Place 4, Thomas Place 6 and Pike Place 7. Council Member Beazley seconded. Motion carried 6-0. 11. Consider/Discuss/Action regarding appointments/reappointments to the Planning and Zoning Commission. (City Council) MOTION: Council Member Pelham moved to appoint Wayne Barton to Place 3. Council Member Beazley seconded. Motion carried 6-0. MOTION: Mayor Crist moved to re -appoint Don Callahan to Place 2 and Donald Henke to Place 4. Councilmember Martinez seconded. Motion carried 6-0. June 28, 2016 4 CC Regular Session Minutes MOTION: Council Member Beazley moved to appoint Christian Landers to Place 6. Council Member Bryan seconded. Motion carried 6-0. 12. Consider/Discuss/Action regarding appointments/reappointments to the Park Advisory Board. (City Council) MOTION: Council Member Pelham moved to appoint Judith Waldrop to Place 3. Council Member Martinez seconded. Motion carried 6-0. MOTION: Mayor Crist moved to reappoint Stan Carver to Place 2 and Ginny Finan to Place 4. Councilmember Bryan seconded. Motion carried 6-0. 13. Consider/Discuss/Action regarding appointments/reappointments to the Board of Adjustment. (City Council) MOTION: Mayor Crist moved to reappoint Robert Simonsen Place 2, Brent Thomas Place 4 and John Houcek Alternate 2. Council Member Beazley seconded. Motion carried 6-0. 14. Future Agenda Consideration: Ordinance amending building permit requirements in the extraterritorial jurisdiction. (Mayor Crist) Regulations regarding the issuance of building permits in the City's extra -territorial jurisdiction (ETJ) are outlined in Part III -A, Article 1, Section 16 of the Anna City Code. These regulations were adopted under the authority of the laws of the State of Texas, including Chapter 212 of the Texas Local Government Code. Chapter 233 Subchapter F, and Section 214.904 of the Local Government Code also address the authority of cities to adopt a building codes and issue building permits in the ETJ. Mayor Crist requested that the Council review these regulations and consider any appropriate amendment(s). The Council previously discussed this issue during their May 10th meeting. Staff surveyed the surrounding communities in Collin County to determine what other cities require building permits in their respective ETJ's. The following are the results of that survey. Require Building Permits in the ETJ Yes No Celina X Frisco X McKinney X Melissa X June 28, 2016 5 CC Regular Session Minutes Prosper X Princeton X Anna X Council requested this item be brought back on a future agenda for action. 15. 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). The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. No closed session held. 16. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council member Bryan moved to take no action. Council Member Beazley seconded. Motion carried 6-0. 17.Adjourn. MOTION: Council Member Miller moved to adjourn. Council Member Beazley seconded. Motion carried 6-0. Mayor Crist adjourned the meeting at 10:07 p.m. Approved on the 28th day of June, 2016. ATTEST: June 28, 2016 6 CC Regular Session Minutes City Secretary Carrie L. Smith Mayor Mike Crist June 28, 2016 CC Regular Session Minutes y€OW HOMETOWN AGENDASUBJECT: Review of EDC Minutes from April 7, 2016 and May 5, 2016 SUMMARY: Item No.5.b. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Jessica Perkins Exhibits: Yes Review of minutes from the EDC meetings from April 7th and May 5th. STAFF RECOMMENDATION: review. ATTACHMENTS: Description EDC 4-7-2016 Minutes EDC 5-5-2016 Minutes Upload Date Type 7/6/2016 Cover Memo 7/6/2016 Cover Memo IL MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION pCOMMUNITY PThursday, April 7, 2016 CORPORATION The Anna Community Development Corporation ("CDC") of the City of Anna met at 5.00, p.m., on Thursday, April 7, 2016, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, President, called the meeting to order at 5:05 p.m., and after roil call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Alonzo Tutson, Brent Thomas, Connie Stump, Lee Miller, and Michael Williams. Directors in Abstention: Doug Hermann. A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins, Chief Administrative Officer. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding approving a resolution for a professional services agreement with Birkhoff, Hendricks, and Carter for engineering consulting for parks projects. 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vole and/or act upon each of the items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 04-07-2016 Regular CDC Minutes.doc 1 Michael Williams made a motion to adopt the resolution authorizing the Chief Administrative Officer, ("CAO") to execute, on behalf of the Anna Community Development Corporation, and subject to the approval of the form and content by Anna Community Development Corporation's legal counsel, a professional consulting contract with the Birkhoff, Hendricks & Carter, L.L.P., (attached as Exhibit "A") to execution of all necessary documents to consummate the business relationship with said consultant for future park projects. The motion was seconded by Lee Miller. Motion passed. 5. Consider/Discuss/Action regarding approving a resolution to authorize the expenditure of funds for a trailer for the parks department. The Parks Department is in need of a trailer to assist with transporting mowers and other equipment to and from different parks. Presently, Park staff spends approx. two hours switching out equipment depending upon which park is being serviced. The purchase of a trailer would be a time saving measure. Alonzo Tutson made a motion to adopt the resolution authorizing the Chief Administrative Officer, ("CAO") to charge Anna Community Development Corporation's other capital expenditures line item in the amount of no more than $2,500.00 for the trailer. The motion was seconded by Brent Thomas. Motion passed. 6. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §651.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government 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). 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 IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 04-07-2016 Regular CDC Minutes.doc (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); agreement with Em- powered Training Centre. Skipped. 7. Consider/Discuss/Action regarding minutes from February 4, 2016, and March 3, 2016. Brent Thomas made a motion to accept the both sets of minutes as written. Lee Miller seconded the motion. Motion passed. 9. Adjourn. Michael Williams made a motion to adjourn the meeting seconded the motion and the meeting adjourned at 5:20 p.m. APPROVED: ATTESTED: r ✓ J n Houcek Sherilyn God y esident of CDC Secretary of CDC Alonzo Tutson IMPORTANT LEGAL NOTICE; The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation 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 Opening, Meetings Act. Disable persons who want to attend this meeting and 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. 04-07-2016 Regular CDC Minutes.doc MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION OEM I Thursday, May 5, 2016 COMMUNITY DEVELOPMENT CORPORATION The Anna Community Development Corporation ("CDC') of the City of Anna met at 5:00' p.m., on Thursday May 5, 2016, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, President, called the meeting to order at 5:02 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Doug Hermann, Brent Thomas (5:05 p.m.), Connie Stump, Lee Miller, and Michael Williams. Directors in Abstention: Alonzo Tutson. A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins, Chief Administrative Officer. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Update from the Greater Anna Chamber President, Michael Mixson. Mr. Mixson took the opportunity to speak before the Board as the new president of the Greater Anna Chamber. He briefly outlined what the Chamber wants to 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE.: The Corporation may vole and/or act upon each cif the items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 05-05-2016 Regular CDC Minutes.doc 1 accomplish in the upcoming year. He reiterated to the Board, on behalf of the Chamber, that a continuous relationship of good will and financial support is desired. 5. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government 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). 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); agreement with Em- powered Training Centre. Skipped. 7. Consider/Discuss/Action regarding minutes from April 7, 2016. Brent Thomas made a motion to accept the minutes as written. Michael Williams seconded the motion. Motion passed. 9. Adjourn. Connie Stump made a motion to adjourn the meeting. Doug Hermann seconded the motion and the meeting adjourned at 5:10 p.m. APPROVED: 4�-�� Joh Houcek Prel ident of CDC IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each orthe items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 05-05-2016 Regular CDC Minutes.doc 2 AGENDASUBJECT: Review of CDC Minutes from April 7, 2016 and May 5, 2016 SUMMARY: Review of minutes from meetings. STAFF RECOMMENDATION: review ATTACHMENTS: Description CDC 5-5-2016 Minutes CDC 4-7-2016 Minutes Item No.5.c. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Jessica Perkins Exhibits: Yes Upload Date Type 7/6/2016 Cover Memo 7/6/2016 Cover Memo MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION OEM I Thursday, May 5, 2016 COMMUNITY DEVELOPMENT CORPORATION The Anna Community Development Corporation ("CDC') of the City of Anna met at 5:00' p.m., on Thursday May 5, 2016, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, President, called the meeting to order at 5:02 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Doug Hermann, Brent Thomas (5:05 p.m.), Connie Stump, Lee Miller, and Michael Williams. Directors in Abstention: Alonzo Tutson. A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins, Chief Administrative Officer. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Update from the Greater Anna Chamber President, Michael Mixson. Mr. Mixson took the opportunity to speak before the Board as the new president of the Greater Anna Chamber. He briefly outlined what the Chamber wants to 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE.: The Corporation may vole and/or act upon each cif the items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 05-05-2016 Regular CDC Minutes.doc 1 accomplish in the upcoming year. He reiterated to the Board, on behalf of the Chamber, that a continuous relationship of good will and financial support is desired. 5. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government 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). 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); agreement with Em- powered Training Centre. Skipped. 7. Consider/Discuss/Action regarding minutes from April 7, 2016. Brent Thomas made a motion to accept the minutes as written. Michael Williams seconded the motion. Motion passed. 9. Adjourn. Connie Stump made a motion to adjourn the meeting. Doug Hermann seconded the motion and the meeting adjourned at 5:10 p.m. APPROVED: 4�-�� Joh Houcek Prel ident of CDC IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each orthe items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 05-05-2016 Regular CDC Minutes.doc 2 IL MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION pCOMMUNITY PThursday, April 7, 2016 CORPORATION The Anna Community Development Corporation ("CDC") of the City of Anna met at 5.00, p.m., on Thursday, April 7, 2016, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, President, called the meeting to order at 5:05 p.m., and after roil call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: John Houcek, Alonzo Tutson, Brent Thomas, Connie Stump, Lee Miller, and Michael Williams. Directors in Abstention: Doug Hermann. A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins, Chief Administrative Officer. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding approving a resolution for a professional services agreement with Birkhoff, Hendricks, and Carter for engineering consulting for parks projects. 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vole and/or act upon each of the items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 04-07-2016 Regular CDC Minutes.doc 1 Michael Williams made a motion to adopt the resolution authorizing the Chief Administrative Officer, ("CAO") to execute, on behalf of the Anna Community Development Corporation, and subject to the approval of the form and content by Anna Community Development Corporation's legal counsel, a professional consulting contract with the Birkhoff, Hendricks & Carter, L.L.P., (attached as Exhibit "A") to execution of all necessary documents to consummate the business relationship with said consultant for future park projects. The motion was seconded by Lee Miller. Motion passed. 5. Consider/Discuss/Action regarding approving a resolution to authorize the expenditure of funds for a trailer for the parks department. The Parks Department is in need of a trailer to assist with transporting mowers and other equipment to and from different parks. Presently, Park staff spends approx. two hours switching out equipment depending upon which park is being serviced. The purchase of a trailer would be a time saving measure. Alonzo Tutson made a motion to adopt the resolution authorizing the Chief Administrative Officer, ("CAO") to charge Anna Community Development Corporation's other capital expenditures line item in the amount of no more than $2,500.00 for the trailer. The motion was seconded by Brent Thomas. Motion passed. 6. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §651.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government 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). 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 IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation 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 Opening Meetings Act. Disable persons who want to attend this meeting and 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. 04-07-2016 Regular CDC Minutes.doc (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); agreement with Em- powered Training Centre. Skipped. 7. Consider/Discuss/Action regarding minutes from February 4, 2016, and March 3, 2016. Brent Thomas made a motion to accept the both sets of minutes as written. Lee Miller seconded the motion. Motion passed. 9. Adjourn. Michael Williams made a motion to adjourn the meeting seconded the motion and the meeting adjourned at 5:20 p.m. APPROVED: ATTESTED: r ✓ J n Houcek Sherilyn God y esident of CDC Secretary of CDC Alonzo Tutson IMPORTANT LEGAL NOTICE; The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation 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 Opening, Meetings Act. Disable persons who want to attend this meeting and 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. 04-07-2016 Regular CDC Minutes.doc y€OW HOMETOWN AGENDASUBJECT: Resolution approving a Development Plat of the Nichols Addition SUMMARY: Item No.5.d. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Tony and Amy Nichols have submitted an application for approval of a Development Plat of the Nichols Addition located within Anna's exterritorial jurisdiction. The property address is 13496 County Road 426 and is further described as a 3.2 acre tract is located in the Robert Whitaker Survey, Abstract No. 1011. The owner is proposing to build an barn structure on the tract. The submittal meets the City of Anna development plat requirements. The Planning and Zoning Commission has recommended approval of this plat. STAFF RECOMMENDATION: Staff recommends approval of the plat ATTACHMENTS: Description Resolution Location Map Nichols Addtion Development Plat Upload Date Type 7/7/2016 Resolution Letter 7/5/2016 Exhibit 7/5/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT OF THE NICHOLS ADDITION WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Tony and Amy Nichols have submitted an application for approval of a development plat of the Nichols Addition; 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 Preliminary Plat. The City Council hereby approves the development plat of the Nichols Addition attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t", day of July, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist 0 110 0 w 0 0 w fflE m BELFORD STREET SOUTH LAMONT R( _.m.1S CT_UNASH Metes and Bounds Description: (2.000 Acre Being a tract of land, situated in the Robert Whitaker Survey, Abstract No. 1011, in Collin County, Texas, and being all of called Tracts 1 and 2, as described by deed to Tony D. Nichols and Amy M. Nichols, as recorded under Document No. 20120321000328430, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with a plastic cap stamped "RPLS 4117" found for the southwesterly corner of said Tract 2, same being in the northerly line of a tract of land described by deed to Nebula Land Development, LLC, as recorded under Document No. 20150831001099550, O.P.R.C.C.T., said corner also being the southeasterly corner of that tract of land described by deed to Morgan T. Craft and wife, Krystal R. Craft, as recorded under Document No. 20150708000835990, O.P.R.C.C.T.; THENCE North 00°18'07" East, along the westerly line of said Tract 2, passing a 1/2" iron rod with plastic cap stamped "BUSBY" found for the northeasterly corner said Craft tract, some being the southeasterly corner of a tract of land described by deed to Jeremy D. Friesen and Pablo Victory, as recorded under Document No. 20150107000020070, O.P.R.C.C.T., at a distance of 156.56' and continuing along the common line between said Friesen/Victory tract and said Tract 2, and also passing a 1/2" iron rod with a plastic cap stamped "RPLS 4967" found for reference at a distance of 309.59', and continuing in all a total distance of 313.00' to a point for corner, said corner being the northwesterly corner of said Tract 2, same being the northeasterly corner of said Friesen/Victory tract, said corner also being in the most westerly south line of that tract of land described by deed to Sally Ann Donlevy, as recorded in Volume 5941, Page 2028, of the Deed Records, Collin County, Texas (D.R.C.C.T.); THENCE North 89°35'03" East, along the common line between said Tracts 1 and 2 and Donlevy tract, a distance of 278.29' to a point for corner, said corner being the northeasterly corner of said Tract 1, some being an "ell" corner of said Donlevy tract; THENCE South 00°18'07" West, along the common line between said Tract 1 and Donlevy tract, a distance of 313.00' to a 1/2" iron rod found for the southeasterly corner of said Tract 1, said corner also being the most southerly southwest corner of said Donlevy tract, said corner also being in the northerly line of the aforementioned Nebula Land Development, LLC tract; THENCE North 89°35'03" East, along the common line between said Nebula Land Development, LLC tract and said Tracts 1 and 2, a distance of 278.29' to the POINT OF BEGINNING and containing 2.000 acre or land, more or less. Hearn Ln Park St Sportsman Ln C.R. 1106 0 Belford Cir m a (V E 2 0 CU 04 1j 0 f£ °z SITE Butler St T U) Q Vicinity Map (not to scale) Notes: 1. According to the Flood Insurance Rate Map of Collin County, Texas, Map No. 48085CO070J, Map Revised June 02, 2009, the herein described property is located in Zone "X", described by said map to be, "areas determined to be outside the 0.2% annual chance floodplain". 2. All easements shown herein are per the herein described plat, unless otherwise noted. 3. The surveyor has relied on the herein described subject deed with regard to any easements, restrictions, or rights —of —way affecting the above described Property. No additional research regarding said easements, restrictions or rights —of —way has been performed by the surveyor. 4. Bearings are based on the southerly line of Tract 2, as described by deed to Tony D. Nichols and Amy M. Nichols, as recorded under Document No. 20120321000328430, of the Official Public Records, Collin County, Texas. O Z CU U 11r I.R.F. (R ) C.—� —r1ir- 35' Right —of —Way Easement Document No. 20120321000328420, O.P.R.C.C.T. Sally Ann Donlevy Vol. 5941, Pg. 2028, D.R.C.C.T. N89OW030E — 238.9T C.LR.F. �;i� *RPLS 4967'I (Reference) Ln Jeremy D. Friesen and Pablo Victory Document No. 20150107000020070, O.P.R.C.C.T. ♦ f • d • . , • d, • . n ♦ d . , . 4 N89°35'03"E 238.20' 1/2"I.R.F. (Reference) (C.M.) "RPLS 4967" (Reference) --0� 25' Road and Utility Easement Vol. 5166, Pg. 2454, D.R.C.C.T. GRAPHIC SCALE Survevor's Certification: 30 0 15 30 60 This survey was completed without the benefit of a current title commiment. I, Michael B. Arthur, Registered Professional Land Surveyor in and for the State of Texas, hereby certify that the plat hereon represents an actual survey made on the ground and that all lines and dimensions shown are correct to the best of my knowledge. There were no visible conflicts found during the time of this survey, except as shown. ( IN FEET ) 1 inch — 30 ft. I l N00°18'07"E 313.00' I _ N89°35_03"E OCR 42.7' — 80.0' PROPOSED BUILDING LOCATION Ln uo 1 Approximate Location of 100—Year Floodplain as Scaled from FEMA Map See Note No. 1 278.29' N8973 3"E * * �. o o. L0 N 1/2' C.I.R.F. Q -RPLS 4967- (Reference) I I I I I Tract 139.7 4' I I Tony D. Nichols and I Amy M. Nichols I Document No. _ I 20120321000328430, 16.8' 1 O.P.R. C.C.T. 1.000 ACRE I 38.6' 80.0' 1 I S 20.9' yFo S00°18'07"W I 313.00' I I I Tract 2 1 Tony D. Nichols and o d Amy M. Nichols "� 1 a Document No. " 1 20120321000328430, I Sally Ann Donlevy O.P.R.C.C.T. I I Vol. 5941, Pg. 2028, I D.R.C.C.T. 1.000 ACRE I 1/2• C.I.R.F. d ° 1 -BUSBY- (C.M.) I I � 1 �I • I Su►yey, Whitaker Robert �0� d Abstract N°• I . o VI <d AI . ♦ I i Ste® Morgan T. Craft and wife, I d I Krystal R. Craft j Document No. 20150708000835990, ♦ I 1 370 1.fr O.P.R.C.C.T. , I 18.3 1.a 4.1' °° I I Akd d A. EAstl On 18 3' 32.1' 25' Road and d d 42Brick� Residence Utility Easement ♦ ♦ ° ♦ Document No. , I d 102 ed >D — — — — — — ♦ 20120321000328430, d °♦ b ° 37 2° "� ♦.d O.P.R. C.C.T. ° ♦ o ♦ ° ♦ ♦a d♦ , ♦ 56.6' d 1 , , ♦ ° d ♦d d1 ♦ . d ° , — de ♦d r7 d 11� d d , ♦ d d " o N89'35'03"E 139.15, I - - - - - - N89°35'03"E 238.2T - N89°35'03"E 278.29' 11rC.I.R.F. "RPLS 4117' (C.M.) POINT OF (C.M.) BEGINNING 1/2"C.I.R.F. Nebula Land 'RPLS 4117- Development, LLC (C.M.) Document No. 20150831001099550, O.P.R.C.C.T. 120 ABBREVIATIONS LEGEND I.R.F. = Iron Rod Found (C.M.) = Controlling Monument C.I.R.F. = Capped Iron Rod Found C.I.R.S. = 1/2" iron rod with yellow plastic cap stamped "RPLS 5686" set M.R.C.C.T. = Map Records, Collin County, Texas D.R.C.C.T. = Deed Records, Collin County, Texas O.P.R.C.C.T. = Official Public Records, Collin County, Texas SYMBOLS LEGEND Wire Fence D4 WV Water Valve XX Wood Fence o VIIM Water Meter ,3' # Chain Link Fence -(�- Fire Hyrdrant tee— p° d° Concrete o IcV Irrigation Control Valve Asphalt 000 Sanitary Sewer Cleanout Light Standard (:)SSMH Sanitary Sewer Manhole c— Guy Wire/Anchor 0STMH Storm Drain Manhole QI Utility Pole ® GM Gas Meter ---- Overhead Wires ® CR Cable Riser OWNER: Tony D. Nichols and Amy M. Nichols 13496 County Road No. 426 Anna, Texas 75409 y€OW HOMETOWN AGENDASUBJECT: Item No.5.e. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Resolution approving a Preliminary Plat of Anna ISD Elementary School #3 SUMMARY: Anna ISD has submitted an application for a preliminary plat of Anna ISD Elementary School #3. This 37 acres tract of land is generally located west of Future Leonard Avenue (C.R 422) and south of Sharp Street. The site is the location of the new Anna ISD elementary school #3 and the future Anna Middle School #2. The preliminary plat has been reviewed by city staff and city consulting engineer. The Planning and Zoning Commission has recommended approval of the preliminary plat STAFF RECOMMENDATION: Staff is recommending that the approval of this preliminary plat ATTACHMENTS: Description Upload Date Type Location Map 7/5/2016 Backup Material Resolution 7/6/2016 Resolution Letter Anna Elementary School #3 Preliminary Plat 7/5/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA ISD ELEMENTARY SCHOOL # 3. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Anna ISD has submitted an application for approval of a preliminary plat of the Anna ISD Elementary School #3; 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 Preliminary Plat The City Council hereby approves the preliminary plat of Anna ISD Elementary School #3 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t", day of July, 2016. ATTEST: APPROVED: Carrie Smith, City Secretary Mayor, Mike Crist 0 o00 J n U 0 z 0 w¢o �>q- d- 1= Q Q U U N _U Qzr- �0O~ �Cn n2 pwQNU 0 o� o J 0 0 C). zz �oC REMAINDER OF TRACT 1-129.92 ACRES R.O.W. DEDICATION "N �P0.�0� Qo � 0 ANNA TOWN CENTER NO. 4/SHRP, LTD DOC. NO. 20141114001248710 REMAINDER OF TRACT 1-129.92 ACRES DOC. NO. 2004-38965 D.R.C.C.T. D.R.C.C.T. p0�' ANNA TOWN CENTER NO. 4/SHRP, LTD Q o DOC. NO. 2004-38965 D.R.C.C.T. COUNTY ROAD 422 o W � SHARP STREET C,o J (FUTURE 6 0' R. 0. W.) car (APPARENT 40' R.O.W.) Q p conic r. ., .,, ,. , . _ „ _ _ / i 10.0' U.E. DOC. NO. 2015-26 P.R.C.C.T. --- --�� PASSING AT 1815.29——— — — — — —— — — — — — — — — A 1/2" IRF W/ CAP D = 07 49 36 — — — — "CORWIN" (C.M.) = 530.00' 1 LOT 9 I CHB = N 84'311', 1" E 0 EASEMENT CHD = 72.34' I I I VOL.27782,OAD PG. 599 D.R.C.C.T. F- Q 17 I = 72.40' I I I I (ABANDONED BY THIS PLAT) �J 1-------1-------J U_ _ _ _ _ _ \ _� I L_J 15' W.L.E. T--------� 1 o Q N I (BY THIS PLAT) 15' W.L.E. I p F I I VOL. 1056, PG. 899, o —1 N O I I VOL. 1057, PG. 13 J m O N 7.5' U.E. l i D.R.C.C.T. (SEE NOTE 6) r2 U p I VOL. 782, PG. 599 z z D.R.C.C.T. i 1 0 ZU I I Q 015' W.L.E.~ (BY THIS PLAT) I II I I II o II I I I 60' R.O.W. DEDICATION PASSING 13 I 34.92 ACRES I I DEDICATED BY THIS PLAT A 1/2- IRF "CORMNW CAP (C.M.) I I I 1,521,085 SQ.FT. J 1 LOT 1, BLOCK 1 C - 20' W.L.E. (BY THIS PLAT) I L_ F-� L-------------------- r------------------I F----� �I I I1 II I 15' W.L.E. (BY THIS PLAT) II I o I II N _J I 1 1 I I C3Of CD I Ij u I U�U I I Qmof to LO o ro J���X1T1T�1L�1T1T1T /Z-/Zzo1 _ZT1T�1T1T1T1I/�11T1T1T1I/1/- z o rn I I 0-N I Ld I — -� I 15' U.E. 1 VOL. 782, PG. 599 D.R.C.C.T. I d O Ld 00 I LJ (HATCHED AREA TO BE ABANDONED BY W U N I SEPARATE INSTRUMENT) t o o z0 I Z Q O Z 20' ROAD EASEMENTI VOL. 782, PG. 599 Ld a' Z OO I P.R.C.C.T. Q I I I- U U w� wry Of < Q�� J CO w n ow N I- O V)Fo J O P.O.B. 1/2" IRF(C.M.) I I I I L- — REMAINDER OF 37.005 ACRES AS CALLED IN DEED TO ANNA INDEPENDENT SCHOOL DISTRICT I DOC. NO. 2006-2879 D.R.C.C.T. I I I G. STARK SURVEY, A- 798 15' W.L.E VOL. 1056, PG. 868 I D.R.C.C.T. I I 7.5' U.E. 782, PG. 599 1 P.R.C.C.T. I I I I I I I I 297.27' 1 N 86.31 '17" W 357 30' 7.5' U.E. - - �VOL. 782, PG. 599 — P.R.C-C.T. — — I II I II I II I II I II I II I II I II II II II II II II II II II II II II II II W U Q •• • Iq I< c II II II II II II II II II II II II II �I II II II II II II II II II II II II II II II II II II it I PASSING AT I 30.02' A 1/2" IRF M 2.89 ACRES RICHARD A. McMINIMY & I CATHERINE F. McMINIMY NDOC. NO. 2004-29301 D.R.C.C.T. O I I N 88'34'45" W 539.19' 1/2" IRF(C.M.) 16.376 ACRES JAMES RUSSELL GARVEY JR. DOC. NO. 20150706000823940 D.R.C.C.T. BLOCK A ANNA , >OC, CROSSING, PHASE 3A NO. 2016-48 D.R.D.C.T. REMAINDER OF TRACT 1-129.92 ACRES ANNA TOWN CENTER NO. 4/SHRP, LTD DOC. NO. 2004-38965 D.R.C.C.T. 360.545 ACRES HARLAN PROPERTIES DOC. NO. 20140724000770380 D.R.C.C.T. C R 477 M a d SITE 14) 3e N z U Q C.R. 421 �y Qo � VICINITY MAP NOT TO SCALE Graphic Scale in Feet 0 100' 200' 300' SCALE: 1" = 100' A B B R E V I A T 1 0 N S D.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS VOL. VOLUME PG. PAGE DOC. NO. DOCUMENT NUMBER IRF IRON ROD FOUND C.M. CONTROLLING MONUMENT U.E. UTILITY EASEMENT W.L.E. WATER LINE EASEMENT R.O.W. RIGHT-OF-WAY B.L. BUILDING LINE L E G E N D NOT TO SCALE o PROPERTY CORNER o INTERIOR PROPERTY CORNER That I, David Carlton Lewis, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that I have prepared this plat from an actual on the ground survey of the land and the monuments shown hereon were found and/or placed under my personal supervision and in accordance with the Platting Rules and Requlations of the City of Anna, Texas. This document shall not be recorded for any purpose. This drawing shall be used for REVIEW PURPOSES ONLY NOT FOR APPROVAL David Carlton Lewis, R.P.L.S. No. 5647 Date: JUNE 17, 2016 David Carlton Lewis, R.P.L.S. Texas Registration No. 5647 Spry Surveyors, LLC. 8241 Mid Cities Blvd Ste 102 N. Richland Hills, TX 76182 C,D e, 0000 s rER�o9� DAVID CARLTON LEWIS ° °,o °°5647 000G000° 0 °'o ESS�o UR NOTARY CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in and for the said County and State, on this day personally appeared DAVID CARLTON LEWIS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations expressed herein. Given under my hand and seal of office, this _______ day of 20 OWNER'S DEDICATION STATE OF TEXAS COUNTY OF COLLIN WHEREAS, Anna Independent School District, is the owner of all that certain 37.00 acres of land, by the virtue of the deed recorded in Document Number 2006-2879 in the Deed Records of Collin County, Texas (D.R.C.C.T.), in the G. Stark Survey, A-798, City of Anna, Collin County, Texas and more particularly described by the metes and bounds as follows: (all bearings shown hereon are based on the east line of Anna Crossing, Phase 1A, recorded in Document Number 2015-262 in the Plat Records of Collin County, Texas (P.R.C.C.T.)) BEGINNING at a 1/2" iron rod found for the southwest corner of said 37.00 acre tract, common to the northwest corner of the 16.376 acre tract described in the deed to James Russell Garvey Jr. recorded in Document Number 20150706000823940 D.R.C.C.T., and in the east line of the 20.164 acre tract described in the deed to Steve L. Warne recorded in Volume 810, Page 425 D.R.C.C.T.; THENCE North 01° 17' 22" East passing at a distance of 1,390.69' a 1/2" iron rod with a cap stamped "CORWIN" found for the southeast corner of Lot 14, Block A, of said Anna Crossing, Phase 1A, and passing at a distance of 1815.29' a 1/2" iron rod with a cap stamped "CORWIN" found for the northeast corner of Lot 9, of said Block A, Anna Crossing, Phase 1A, and continuing for a total distance 1862.12' to a 1/2" iron rod with a cap stamped 'SPRY 5647" set for the most westerly northwest corner of the herein described tract, common to the southwest corner of the right-of-way dedication, recorded in Document No. 20141114001248710 D.R.C.C.T. (part of Future 60' Right -Of -Way, Sharp Street), which is a point on a curve to the left, having a central angle of 07" 49' 36", a radius of 530.00' and a chord bearing and distance of North 84° 31' 31" East - 72.34'; THENCE along said curve to the left, along the south line of said right-of-way dedication, an arc distance of 72.40' to a 1/2" iron rod with a cap stamped 'SPRY 5647" set for the most northerly northwest corner of the herein described tract, common to the east corner of said right-of-way dedication, and in the north line of said 37.00 acre tract, common to the center line of County Road 422 (Apparent 40' Right -Of -Way); THENCE South 88' 25' 49" East - 880.30' along the centerline of said County Road 422, to a mag nail with a washer stamped "SPRY 5647" set in concrete for the northeast corner of the herein described tract; THENCE South 01° 34' 16" West - 1508.79'continuing along the centerline of said County Road 422 to a mag nail with a washer stamped "SPRY 5647" set in asphalt set for the most easterly southeast corner of the herein described tract, common to the northeast corner of the 2.89 acre tract described in the deed to Richard A. McMinimy & Catherine F. McMinimy recorded in Document Number 2004-29301 D.R.C.C.T.; THENCE North 86° 31' 17" West along the north line of said McMinimy tract, passing at a distance of 30.02' a 1/2" iron rod found and continuing for a total distance of 357.30' to a 1/2" iron rod with a cap stamped 'SPRY 5647" set for a point for a corner of the herein described tract; THENCE South 09` 29' 19" West - 339.92' along the west line of said McMinimy to a 1/2" iron rod found for the most southerly southeast corner of the herein described tract, in the north line of the said James Russell Garvey Jr. tract; THENCE North 88' 34' 45" West - 539.19' along the north line of said James Russell Garvey Jr. tract, to the POINT OF BEGINNING and containing 37.00 acres of land. NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That Anna Independent School District, the Owner, does hereby adopt this plat designating the herein before described property as LOT 1, BLOCK 1, ANNA ELEMENTARY NO. 3, an addition to the City of Anna, Collin County, Texas, and does hereby dedicate fee simple to the public use forever any streets, rights -of -way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Anna, Texas. Witness our hands this - - - - - - - - - - - - - - - - - - - - - - - - - day of -----------------, 20---. Signature Title NOTARY CERTIFICATE STATE OF TEXAS COUNTY OF --------- Before me, the undersigned authority, a Notary Public in and for the said County and State, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and considerations expressed herein. Given under my hand and seal of office, this ------- day of -----------------, 20---. Notary Signature Notary Stamp: Certificate of Approval of the Planning and Zoning Commission This plat has been submitted to and considered by the PLANNING AND ZONING COMMISSION of the City of Anna, and is hereby approved by such Commission. This _______ day of 20___, to approve this Plat. BY: Chairman Attest:_________ Secretary Statement of Adoption by Council The City Council of Anna, Texas on this _______ day of to adopt this plat and approve it for filing of record. Notary Signature Notary Stamp: BY: --------------- N 0 T E S Mayor 1. This Survey is issued without the benefit of a current title report and is subject to revision upon receipt thereof. Surveyor has done no additional research for possible easements, restrictions or covenants Attest: ------------. which may affect this property. City Secretary 20___, voted affirmatively 2. The Surveyor has not physically located any underground utilities and/or improvements which may be A COMBINATION PRELIMINARY PLAT OF LOT 1, BLOCK 1 located under or near the subject property. 3. According to the Flood Insurance Rate Map No. 48085CO160 J, published by the Federal Emergency ANNA ELEMENTARY N O . 3 Management Agency, dated: June 02, 2009, the surveyed property shown hereon does not lie within any special flood hazard area inundated by the 100—year flood. AN ADDITION TO THE CITY OF ANNA, A PLAT OF THE 37.00 ACRE TRACT 4. On the issue date of this survey the surveyed property shown hereon is zoned SF-E (Single Family TO ANNA INDEPENDENT SCHOOL DISTRICT, RECORDED IN DOCUMENT NUMBER 2006-2879,IN THE DEED RECORDS OF COLLIN COUNTY, TEXAS Residential) according to the City of Anna zoning ordinance maps. Refer to said zoning ordinance for IN THE G. STARK SURVEY, A — 798 minimum and maximum setback requirements. CITY OF ANNA, COLLIN COUNTY, TEXAS 5. The basis of bearing for the property shown hereon is the east line of Anna Crossing, Phase 1A, OWNER: Anna Independent ENGINEER: Hamilton Duffy, P.C. SURVEYOR: Spry Surveyors Document Number 2015-262 P.R.C.C.T. School District E.S.&C.M., Inc. 8241 Mid -Cities Blvd., Ste.102 6. The 15' Water Line Easement recorded in Volume 1056, Page 899 and Volume 1057, Page 13 is 501 S. Sherley 8241 Mid -Cities Blvd., Ste.100 North Richland Hills, TX 76182 Anna, TX 75409 North Richland Hills, TX 76182 Phone: 817-776-4049 described as 15' wide thereof being the centerline of a water line as installed. Location as shown is Phone: 817-268-0408 Firm Reg. No. 10112000 approximate. 7. Water & Sanitary Sewer Service along future Sharp Street is maintained by the City of Anna. Water SPRY PROJECT No. 022-026-30 service along County Road 422 is maintained by North Collin Water Supply Corporation. DATE: JUNE 2016 8. Unless otherwise noted, all boundary and/or lot corners for the subject property shown hereon are 1/2" iron rods set with a cap stamped "SPRY 5647". THIS PLAT WAS FILED IN DOCUMENT NO. ON DATE y€OW HOMETOWN AGENDASUBJECT: Item No.5.f. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Resolution approving a site plan of Anna ISD Elementary School #3 SUMMARY: Anna ISD has submitted a site plan for the construction of the new elementary school #3 located west of Future Leonard Avenue (C.R. 422) and south of Sharp Street for approval. The site plan has been reviewed by city staff. The Planning and Zoning Commission has recommended approval of this site plan. STAFF RECOMMENDATION: Staff recommends approval of the site plan subject to compliance with the City's subdivision ordinance and all other applicable development regulations. ATTACHMENTS: Description Upload Date Type Location Map 7/5/2016 Backup Material Site Plan 7/7/2016 Backup Material Resolution 7/7/2016 Resolution Letter LOT - 1 INFORMATION ADDRESS: 2872 County Road 422 Anna TX 75409 LAND AREA: PROPOSED 1st FLOOR AREA: PROPOSED 2nd FLOOR AREA: PROPOSED TOTAL FLOOR AREA: LOT COVERAGE NUMBER OF STORIES: NEW BUILDING BUILDING HEIGHT: NEW BUILDING PARKING: STORAGE: 630,272 SF REQUIRED PARKING: TOTAL PARKING PROVIDED: REQUIRED HANDICAP PARKING (2%) TOTAL HANDICAP PARKING PROVIDED: ( WHEEL STOPS SHOWN ARE 2'-O" TYPICAL OFFSET) DUMPSTER ENCLOSURE: GENERAL NOTES 1. ALL DISTURBED AREAS OF GRADING ARE TO RECIEVE HYDROMULCH. SITE PLAN LEGEND SYMBOL REPRESENTS EXISTING TREE TO BE PRESERVED. EXISTING SPECIES: CRAPE MYRTLE (C.M.) 8'-0"+/- AVERAGE HEIGHT, OAK (OA.) 8'-0"+/- AVERAGE HEIGHT, OR YAUPON HOLLY (Y.P.) 15'-0"+/- AVERAGE HEIGHT. CRAPE MYRTLE - BURLAP BAGGED (2.5" CALIPER ORNAMENTAL TREE) LAGERSTROEMIA FAURIEI EVERGREEN LIVE OAK- BURLAP BAGGED (2.5" CALIPER SHADE TREE) - QUERCUS VIRGINIANA BUR OAK-3" IN CALIPER - QUERCUS MACROCARPA NEW DECORATIVE BENCH ONEW DECORATIVE TRASH CAN SOD - BERMUDA GRASS. TIE IN NEW IRRIGATION SYSTEM TO EXISTING IRRIGATION SYSTEM. RELOCATED W PROVIDE TEMPORARY IRRIGATION TO OBTAIN HEALTHY STAND OR GRASS. BIKE RACK Q0 0 (14.47± ACRES) CO 56,500 SF O cn z N 50,299 SF l 0 Z 106,799 SF w � U)QO w m O__D DU � 8.96.3% 2 STORY 30'-8" FEET 206 7 1 000 5 GAL. DWARF YAUPON HOLLY - AT 5'-0" O.C. - LLEX VOMITORIA 'NANA' ❑❑❑ 5 GAL. ROSEMARY AT 5'-0" O.C. - ROSMARINUS OFFICINALIS CONCRETE FLATWORK (NEW) HYDROMULCHED AREA (REFER TO 000o SPECIFICATIONS) NO IRRIGATION WAX MYRTLE- MULTI -TRUNK (3" CALIPER EVERGREEN SHRUB) - MYRICA CERIFERA � 4" EMPTY PVC SLEEVE UNDER PAVEMENT (EXTEND 18" BEYOND EDGE OF PAVEMENT) 01 SIGN & SIGN POLE LOCATION - REF. SITE PLAN FOR NEW & EXISTING TYPES :2 0 N L0 r- U) Q X W (n Q J J Q iE L0 r- N W N 0 ry Z O N L1 Of m O 0 r- U Z N H Q U O (n U) Q m O U Q J U Ek�LARGFD LANDSCAPE /SIGNAGE PLAN SCALE: 1 " JO' O" wi CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF ANNA ISD ELEMENTARY SCHOOL # 3. WHEREAS, in order to provide for the orderly development of land within the Anna city limits, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Anna ISD has submitted an application for approval of a site plan of the Anna ISD Elementary School # 3; 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 site plan of Anna ISD Elementary School # 3 attached hereto as Exhibit 1, subject to compliance with the City's subdivision ordinance and all other applicable development regulations. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t", day of July, 2016. ATTEST: APPROVED: Carrie Smith, City Secretary Mayor, Mike Crist y€OW HOMETOWN AGENDASUBJECT: Item No.5.g. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Resolution approving a Preliminary Plat of Pecan Grove Phases I I — IV. SUMMARY: Foster Crossing, LTD. has submitted an application for approval of a preliminary plat of Pecan Grove Phases II — IV. This subdivision would create 473 single family lots on a 144 acre tract of land located on the north Side of Foster Crossing Road between SH 5 (Powell Parkway) and the Outer Loop . The plat has been reviewed by city staff and city consulting engineer and is consistent with the zoning that governs the development of this property. The plat was recommended for approval by the Planning and Zoning Commission. STAFF RECOMMENDATION: Staff is recommending approval of this preliminary plat. The plat includes the following note thal requires the developer to study the adequacy of Foster Crossing Road in relation to this proposed new development: "Prior to the submission of engineering construction plans for the required public improvements, the Developer shall submit to the City a Traffic Impact Analysis of the proposed development that meets the requirements outlined in Article 3, Section 1.04 of the City's Subdivision Regulations. Where a Traffic Impact Analysis demonstrates the need for off -site facilities or improvements to approach streets, the developer shall make such improvements to approach streets, off -site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development, consistent with Article 3, Section 2 of the City's Subdivision Regulations. Improvements to the adjacent perimeter roadway (Foster Crossing) shall be required consistent with Article 3, Section 2 of the Subdivision Regulations." The Resolution approving the plat also includes this requirement. ATTACHMENTS: Description Upload Date Type Location Map 7/6/2016 Backup Material Preliminary Plat Page 1 7/1 /2016 Backup Material Resolution 7/6/2016 Resolution Letter Proportionality Letter 7/7/2016 Backup Material SI \-C WEST FOSTER CROSSING ITY LIMITS Loop 42 50' ROW 10, 25' B-B 5.0' 5.0' 25' B-B 2.0/. --' 2.01�TYP - 5' SIDEWALK g - - B" 3600 PSI CONC. W/03 BARS AT 18" OCEW 7" LIME STABILIZED SUBGRADE. COMPACTED TO R STANDARD PROCTOR TYPICAL PAVEMENT SECTION STREET H ENTRY N.T.S. 15' 37' B-B 8.0' 8.0' 37' B-B 2.0/. 2.07 2.07 -' 2.0% �TYP -- - 5' SIDEWALK 8" 3600 PSI CONC. W/4 BARS AT 18" OCEW 7" LIME STABILIZED COMPACTED TO SUBGRA9553 STANDARD PROCTOR TYPICAL PAVEMENT SECTION FERGUSON BOULEVARD N.T.S. PAULA POWELL 15 ACRE TRACT 1 1 I 1 1 I VOL. 4162, PG. 2694 I 1 1 I 1 i 1 I 1 ; I1 1 i 1 1 ' I I I I 1 ! I , f 58• 48'38�"E -385 68L PECAN GROVE I a LOT 1 BLOCK V PHASE I ;------ Ld I - � OPEN SPACE VOL. Q. PG. 555 ; �----- S 1.617 AC. 1 I � ' I !I 1 I ' 1 I1 , 1 -1I I , ' I 1 i I I i I M N PROJECT LOCATION h a S y V) W CAROL BURL FOSTER CROSSING RD. LOCATION MAP N.T.S. NAOMICOPELAND PARCHMAN 17.260 ACRE TRACT VOL. 2070, PG. 177 � 1 , 2 3 4 ° 1 � � 1 I I JAMES HAGER 12.702 ACRE TRACT VOL. 754, PG. 172 07 E ° ' I LOT 3 BLOCK X OPEN SPACE/DRAINAGE AREA I $ I 3.067 AC. LOT 7 BLOC + ' OPEN SPACE/DRAINAGE ESJ�T 1 , 0.543 AC. 4 ' / 'I 00 WILLIAM MARSH ' 2 ® \ •2s h`° `� 2.984 ACRES 3 4 a ° 7 ° ° " 1D n- 12 VOL. 5700, PG. 816 I ° STREET P I I ® �- -- SBs• 5r53"E I I ° - - - - - -- ---0E sng-r '"445.81"SW380E0984 3 2 -PAS 0III >o iIace 11 U I 1 13 14 0 w , = -_.._. - - -� EO'RO.W. FINLEY BOULEVARD }11 � l I - - 3 / TAMARND ST. _ 20 0 i ZI i O 22 � r r 4 / / 1 2 3 4 $ e 7 a s.l ' - - - - - - - - - ------ --- --- -- -- t ELDERBERRY DR. 9.5' 31' B-B 9.5' 1.0' 1.0' 611-3600 pai (5.5 SACK) g" CROWN ---1/417FT REINF. CONC. PVMT. -.F- 1/4"/FT- +3 BARS 18" O.C.B.W. 5' SIDEWALK 8" LIME STABILIZED SUBGRADE PER CITY OF ANNA REQUIREMENTS. DEPTH OF MOISTURE CONDITION TO BE DETERMINED BY GEOTECHNICAL ENGINEER. TYPICAL PAVEMENT SECTION (31' B-B) N.T.S. PAULA POWELL 23.5 ACRE TRACT VOL. 4162, PG. 2694 1 / r„ `..^• ` +0'R.O.W. OE'VICA -zt- 80'R.O.WLOT V BLOCK W a� am aPACE/DRA"ARM 4.731 At- \ BRITTON WALDRON 9.920 ACRE TRACT DOC. NO. 20061220001790430 S4 25 27 2a 29 30 31 32 1 1 20 '� 10 S7 CM sPAarOaAf+xx MVA �: - 7.030 AC. 2 3 R to = � ° _ ° o I I =2 ® - see• zs 7'roJ .01 I - y _ - a e 10 27 25 U 24 23 22 i ism em ' Zt --�'- 4 WILLIAM GANT No 0 a L - 2 3 / 1c. DOC. N0. 20091120001412550 aoE I _PEACE( TREE DR, _ _ ° 1 _ / , 3 © I ! = LGT % , ® ' 2e �6 24 23 _ ^` ` r ' arol saw 21- N88. 28114"E 465.83' _ 20 - AREA 1 W - , z 17-` -���:) I t= 2 3 OAh AC. 4 a 9 7 r ' t° 17 a 1 u 1 u, ,1 _� 1 L_ 4 _ i--- -- - -- - -- PHA e 7 ° ° CMW BLOSS01,( a". 20 I ' 20 27 2e zs U 23 _ ! A u p LOT 1 efax- 1 OPM SPADE/ MARC DOWNS a n 12 = 14, A 2 3 4 e ° Y1 23 2D VOL. 5431, PG. 5242 n ! 1 2 3 4 a a:';. 7 ° ° _ _ - a � - - - _ 7 Q a 24 _ °10 IS ro u I 31 30 29 2a 27 26 Z �r- - O 14 i 26 27 % 2a 24 23 22 21 20 V ' O ' 24 24 23 U 22 21 Q pp2eo 2 3 4 a e I 7 �a to n n 1 2- 3 4 1 ' _ - -. - 70 n''f ' ' 10 i 1 2 3 4 i 1 ( ' CO ' ! e 7 a $ I I-- - --I JOHNNIE LUSCOMBE, n - �{ 1.Y ST. - " TRUSTEE OF THE LUSCOME FAMILY _ _ - _'� 14 e 1 DOC. NO. 20110527000548820 I f-- -- -- - -- -- - -- o-Isffi 1 1 >o e s 7 27 20 25 24 25 22 21 7 9 125 - I 1 e = u l 1 1 2 3 4 7 2 3 4 a LN_ - a C Mir"_ 7 89• "W S4 212.44' A = l 3 QD 9/ \ 1 2 N 1 ° 4 S 2 t I I 1 2 3 4 3 e 7 a 3 4 a a N = 1 g , , ' 347.78' S89.54'O?"W i102.89' ~� S8 •53`19"W 470.23' FOSTER CROSSNG ROAD (CR 388) JACKIE THORNHILL 1.0758 ACRE TRACT POINT OF BEGINNING CLERKS FILE NO.19960624000426030 80' ROW 17.5' 45' B-B 1.0' 6"-3600 pal (5.5 SACK) - - I/4"/FT REINF. CONC. PVMT. •3 BARS 18" O.C.B.W. 8" LIME STABILIZED SUBGRADE PER CITY OF ANNA REQUIREMENTS. DEPTH OF MOISTURE CONDITION TO BE DETERMINED BY GEOTECHNICAL ENGINEER. TYPICAL PAVEMENT SECTION (45' B-B) FINLEY BOULEVARD N.T.S. JAMES HAGER 15.4710 ACRE TRACT VOL. 814, PG. 177 0 100 200 400 SCALE: 1" = 200' TOTAL STREET LENGTH - 23124' TOTAL CURVILINEAR STREET LENGTH - 7014' TOTAL - 307 NOTES: B.L. - Building Line W.E. - Water Easement S.S.E. - Sanitary Sewer Easement U.E. - Utility Easement IRF - Iron Rod Found IRS - Iron Rod Set 4 - Street Name Change Phase Line / Matchline Zoning Line All common areas shall be maintained by HOA. NOTES: A W MASONRY SCREENING WALL IS REQUIRED ALONG ALL THOROUGHFARES. KEVIN KENNEDY A 5' SIDEWALK IS REQUIRED ALONG ALL THOROUGHFARES AND A 4'A SIDEWALK 54.256 ACRE TRACT ALONG ALL OTHER STREETS. CLERKS FILE NO.94-0026232 NO FLOODPLAIN EXISTS ON SITE PER FEMA MAP NO. 48085C0155J, DATED JUNE 2, 2009. VARIANCE REQUEST: 1. BLOCK LENGTH A VARIANCE FOR THE FOLLOWING BLOCKS THAT EXCEED THE 800' MAXIMUM BLOCK LENGTH IS REQUESTED -BLOCK A BLOCK LENGTH - 817' -BLOCK C BLOCK LENGTH - 860' -BLOCK F BLOCK LENGTH - 860' -BLOCK G BLOCK LENGTH - 1020' -BLOCK J BLOCK LENGTH - 860' -BLOCK T BLOCK LENGTH - 888' -BLOCK W BLOCK LENGTH - 1000' 2. STREET STUB A VARIANCE FOR STREET STUB CRITERIA OF EVERY 1000' TO ADJOINING PROPERTY IS REQUESTED FOR THE EAST BOUNDARY. THE DISTANCE FROM FINLEY DRIVE TO CHERRY BLOSSOM BOULEVARD 1120'. "PRIOR TO THE SUBMISSION OF ENGINEERING CONSTRUCTION PLANS FOR THE REQUIRED PUBLIC IMPROVEMENTS, THE DEVELOPER SHALL SUBMIT TO THE CITY A TRAFFIC IMPACT ANALYSIS OF THE PROPOSED DEVELOPMENT THAT MEETS THE 1.1 0 REQUIREMENTS OUTLINED IN ARTICLE 3, SECRION 1.04 OF THE CITY'S SUBDIVISION REGULATIONS. WHERE A TRAFFIC IMPACT - 1/4"/FT- ANALYSIS DEMONSTRATES THE NEED FOR OFF -SITE FACILITIES OR IMPROVEMENTS TO APPROACH STREETS, THE DEVELOPER SHALL MAKE SUCH IMPROVEMENTS TO APPROACH STREETS, OFF -SITE COLLECTOR AND ARTERIAL STREETS AND INTERSECTIONS AS ARE NECESSARY TO MITIGATE TRAFFIC IMPACTS GENERATED BY THE DEVELOPMENT, CONSISTENT WITH 5'SIDEWALK ARTICLE 3, SECTION 2 OF THE CITY'S SUBDIVISION REGULATIONS. IMPROVEMENTS TO THE ADJACENT PERIMETER ROADWAY (FOSTER CROSSING) SHALL BE REQUIRED CONSISTENT WITH ARTICLE 3, SECTION 2 OF THE SUBDIVISION REGULATIONS." TOTAL SINGLE FAMILY LOTS 473 TOTAL ACRES 144.206 PRELIMINARY PLAT OF PECAN GROVE PHASES 11-1V OUT OF THE JAMES SLATER SURVEY ABSTRACT NO.868 R.C. INGRAHAM SURVEY, ABSTACT NO.464 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER/APPLICANT FOSTER CROSSING, LTD. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 214-522-4945 PREPARED BY CORWIN ENGINEERING, INC. TBPE FIRM 05951 TBPLS FIRM *10031700 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 JUNE 2016 SCALE: 1"-100' SHEET 1 OF 4 \Preliminarv\15057PAE-olat.dan CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF PECAN GROVE PHASES II - IV. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Foster Crossing, LTD. has submitted an application for approval of a preliminary plat of the Pecan Grove Phases II — IV Subdivision; 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 Final Plat The City Council hereby approves the preliminary plat of Pecan Grove Phases II - IV attached hereto as Exhibit 1. Section 3. Traffic Impact Analysis Required Prior to the submission of engineering construction plans for the required public improvements, the Developer shall submit to the City a Traffic Impact Analysis of the proposed development that meets the requirements outlined in Article 3, Section 1.04 of the City's Subdivision Regulations. Where a Traffic Impact Analysis demonstrates the need for off -site facilities or improvements to approach streets, the developer shall make such improvements to approach streets, off -site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development, consistent with Article 3, Section 2 of the City's Subdivision Regulations. Improvements to the adjacent perimeter roadway (Foster Crossing) shall be required consistent with Article 3, Section 2 of the Subdivision Regulations." PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t", day of July, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, RE. JOE R. CARTER, P.E. MATT HICKEY, P.E, ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Philip Sanders City Manager City of Anna I I I North Powell Parkway Anna, Texas 75409 Re: Pecan Grove Phases II — IV Rough Proportionality Analysis Dear Mr. Sanders, July 7, 2016 As you directed, we have evaluated the preliminary plat and engineering plans for the Pecan Grove development, Phases II — IV, with regards to the proportionality of the public infrastructure improvements required by Part III -A (Subdivision Regulations) Article 1, Section 11.03 of the City's Code of Ordinances for this development. The proposed development is generally located north of W. Foster Crossing Road between State Highway 5 and US 75. Roadway Evaluation This development is located along three thoroughfares, as indicated on the City's Thoroughfare Map follows: W. Foster Crossing Rd. to the south, Ferguson Pkwy on the west and Finley Blvd to the north. As directed by the City, the roadway proportionality evaluation includes: The dedication of ROW and construction of 2-lanes, of the ultimate 4-lane divided roadway, along W. Foster Crossing Rd. • Dedication of ROW along the thoroughfares of Ferguson Parkway and Finley Blvd. (Half the ROW where abutting the thoroughfare, full ROW where the thoroughfare pass through the development) Mr. Philip Sanders City of Anna July 7, 2016 Page 2 of 3 Table 1 below summarizes the cost of the roadway improvements being imposed by the City on this development. Table 1— Roadway Evaluation Project Ultimate ROW to be $ / SF* ROW Ult. Constructed Roadway Total ROW dedicated Value Roadway Roadway Value Value W. Foster 80' 76,840 SF $0.30 $23,052 4 lane 2 lanes $616 084 $639 136 Crossingdiv. ' Ferguson 120' 105,600 SF $0.24 $25 344 6 lane _ _ $25' 344 Rd. div. Finley 80' 138,400 SF $0.28 $38,752 4 lane _ _ $38 752 Blvd. div. ' Total $703,232 *Value determined using Collin Central Appraisal District land values averaged between tracts involved The frontage of this development along W. Foster Crossing Blvd is not continuous. A tract of land (Jackie Thornhill tract) is not included in the submitted preliminary plat and interrupts the continuous frontage of Pecan Grove subdivision along W. Foster Crossing Blvd. We recommend that the construction of the roadway adjacent to the Thornhill tract be evaluated for the benefit of this development and the City. At this time, the values for the ROW along the Thornhill tract are not included in the above analysis. As a part of the development's submittal, an opinion of probable construction cost for the construction of 2- lanes of the ultimate 4-lane divided roadway of W. Foster Crossing Rd along the frontage of this development was submitted. The opinion of probable construction cost to construct W. Foster Crossing Rd was $616,084. Based on the City of Anna's adopted Roadway Impact Fees, the roadway impact fee (calculated as 50% of the maximum) is $2,106 per dwelling unit. The enclosed preliminary plat includes 475 residential lots resulting in an assessed roadway impact of $1,000,350. Water System Evaluation The City of Anna's Water Masterplan shows a 12-inch water line to be constructed along each roadway (W. Foster Crossing Blvd, Ferguson Pkwy and Finley Blvd). At this time, the City is in the design and easement acquisition phase for the 12-inch water line along W. Foster Crossing Blvd. and therefore is not included in this analysis. However, the water lines along Ferguson Pkwy and Finley Blvd are included with this evaluation. Additionally, it is standard practice in the City of Anna that an additional 20-foot water line easement immediately adjacent to the ROW be provided where major water lines (I2-inchand above) are installed. Table 2 below summarizes the cost of the required water line improvements imposed by the City on this development. Table 2 — Water Line Evaluation Project Size of Easement $ / SF* Esmt Water Line Developer Total water line Dedicated Value Value Participation Value Ferguson Pkwy 12" 30,200 SF $0.18 $5,436 $76,500** Yes TBD Finley 12" 57,600 SF $0.21 $12,096 $161,400 No $173,496 Blvd. *Cost of easement calculated as 75% of the land value, as directed by the City ** Costs for the 8-inch line size were not provided. As this line is developer participated, the only portion that may be eligible for reimbursement is the over -size from an 8-inch water line. TBPE Firm 526 ACEC Wellness Firm =;�, Better Decisions - Better Designs TBPLS Firm 100318-00 jAclerical\anna\l-general services\4009-developer projects\212-pecan grove -phase 2\letters\k\rp letter 2 docx Mr. Philip Sanders City of Anna July 7, 2016 Page 3 of 3 The water line along Ferguson Parkway is indicated as "developer participation" on the City's adopted Water and Wastewater Impact Fee. This development may be eligible for reimbursement for the over -size of the water line along Ferguson Parkway. Finley Blvd, not being designated as "developer participation", may be eligible for reimbursement for the complete cost of the water line. As a part of the development's submittal, an opinion of probable construction cost for the construction of the 12-inch water line along Ferguson Pkwy and Finley Blvd was submitted. The opinion of probable construction cost for the water lines adjacent to Finley Blvd and Ferguson Pkwy is $237,900. Based on the City of Anna's adopted Water Impact Fee, the water impact fee (calculated as 50% of the maximum) is $4,674 per Service Unit. It is assumed that the proposed development will be comprised of 3/4" water meters based on the residential use shown. The enclosed preliminary plat includes 475 residential lots resulting in an assessed water impact of $2,220,150. Wastewater System Evaluation This development does not have any infrastructure included in the City of Anna's Wastewater Masterplan. However, the engineer of record is required to evaluate the drainage basin to include stub -outs for off -site tracts that will require sanitary sewer service through this development. As a part of the engineer of record's design, an evaluation shall be performed to determine if adequate capacity exists in the proposed infrastructure of this development for the off -site portions or if over -size facilities are necessary. Based on the City of Anna's adopted Wastewater Impact Fee, the wastewater impact fee (calculated as 50% of the maximum) is $4,610 per Service Unit. It is assumed that the proposed development will be comprised of 1/4" water meters based on the residential use shown. The enclosed preliminary plat includes 475 residential lots resulting in an assessed wastewater impact of $2,189,750. Conclusion The opinion of probable construction cost provided by the applicant for the public infrastructure is within a reasonable range of, or below, the assessed impact for the roadways and the water system. Therefore, the public infrastructure improvements being imposed as a condition of Plat approval are roughly proportionate to the demand created by the development. We are available to discuss this evaluation further at your convenience. Enclosures cc: Mr. Joseph Johnson Mr. Maurice Schwanke Sincerely, ig . Kerkhoff, P.E. TBPE Firm 526 ACEC Wellness Firm =;� Better Decisions -Better Designs TBPLS Firm 100318-00 jAclerical\anna\I-general services\4009-developer projects\212-pecan grove -ph a se 2\letters\k\rp Ietter2.docx CORWIN ENGINEERING, WC. 200 AV. Delmont, Suite E Allen, Texas 75013 972-396-1200 Fax: 972-396-4987 PRELIMINARY COST ESTIMATE Project: Foster Crossing Date: 612812016 Location: Pecan Grote Anna Texas Client: Foster Crossing, Ltd. ,lob No. 15057 Prepared By: PAVING IrMPi ONMNIEN'I:S MAI QUAN TEIV UNIT COSTIIINTF T8'FA Ct38T. Mobilizadon I LS SI0.0001.00 $M.W000 Row Pfep 21 STA S1.00000 s.1100om Remose F—tin_q As hall PaNing 5060 S.Y S$.00 5411,4601111 Exea%mtion 14000 C.Y. S2.50 535,000.00 Sub ade Preparation 6,500 S--Y. 53-50 S22,750,00 HdratedLime (35WS5') 114 1 TON S165-00 518SJ000 B"-4000 psi PaNin 6000 S.Y S3800 S228,000.00 As aft Transition 690 11-Y. $6000 S41,40000 'Barrier Free Rarn s 6 EA- SI50000 $9.00000 S' Sidewzlk 9.840 S F. S4.50 S44.280.00 Trallic Bullons& Pavement MwVn 1 L.S. $2.00000 32,00000 TOTALCOSTS S472.720.00 DRAINAGE IMPROVFMPNITS l' 51 . - DESCRIIa[`ION UANTITY UNIT Ct3 GUNIT TOTAL COST 24" RCP 3$ LF S80.00 S2,S00.00 :t1' RCP 215 LF S70.00 S15.050.00 'S' Slorm Manhole I LF S3 500.00 S3 50000 IV Inrel 2 FA $3 00.00 5700o.150 TOTA1,COSTS $28,350.00 OTHER DEVELOPMENT COSTS Irenf 1slrscal Tltarl UAWIT-V pMPr COBTRINIT TO'iALCOS7' FrWw Control ($)it Fepcc) 2,400 LF S2 00 $4 900.00 TragicCmnol I LS S 00000 S2.00000 00nds tPAP and Alaintenance) l L S. $8.000-00 $8,000 00 UnEnwigg RSlakin I LS $50,10700 $50.107 OD TOTAL COSTS $64,907.00 PROJECT COST SljMI TARY rr13a1r TOTAL COST PAVflv0 5412 720.ao 61-0 AGE: S28,35000 F.STI111ATP.D TOTA1. CONSTR 1CTfOA1 Cos9': 569I IRSW COSTS: TOTAL ESTIMATED DEVELOPMENT COST: 1 $616,084.00 CORWIN ENGINEERING, INC. 200 NV. Belmont, Suite E Allen,'remis 75013 972.396-1200 Fax: 972-396-4987 PRELUMINARY COST ESTIMATE Project: Pecan Grove Date: 6/30/2016 Location: Anna Texas Client: Foster Crossing, Ltd, Job No, 15057 Prepared By., FERGUSON PARKWAY WATER LINE EUPROVEMENTS ITEAi - AIti3CBiPTIOit UANT"Y i1W -..COSTA= LF S350005 FA SI5000006' Valve 2 LA Slo00-txi10Fire !�TOMTALT1500 HyJrant 2 FA 83500-000$3,000.000Tcstin &C.hlodnalion t,500 LF. S1A00 French Sarety 1 000 L F $2 00 S3 000 00 TOTAL COSTS 576,SOOAO FINLEY BL%m. WATER LINE IA1PR0L'VtIfVN7:S ITRS1 I)ESCRIPTION QUANTITY : UNIT - t_'O"MNIT TOTALCM ill'\5`atetl,ine 3,100 LF• $35.00 S108500.00 12" Vahe 7 EA SL50000 S10500.00 16"Vahv 6 EA S1,0mo0 S6.000.00 IFireH¢Irant 5 FA $3.500.00 s21,o00-00 _ Fittin s _fesling 1 L.S S6,100-00 $6.10000 &Chlorination 3.100 LV SLO0 S3,100.00 ireneh Safety 3,100 1 L F- S2 00 S6.200-00 TOTAL COSTS S161,400.00 y€OW HOMETOWN AGENDASUBJECT: Item No.5.h. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Resolution approving a Preliminary Plat of the Anna 55 Acre Tract SUMMARY: MML Partners, LP have submitted an application for approval of a preliminary plat of the Anna 55 Acre Tract This subdivision would create 150 single family lots on a 55 acre tract of land located on the south side of Taylor Blvd. between Ferguson Parkway and U.S. 75 Frontage Road. The plat has been reviewed by city staff and city consulting engineer and is consistent with the zoning that governs the development of this property. The Planning and Zoning Commission has recommended approval of this Preliminary Plat. STAFF RECOMMENDATION: Staff is recommending approval of this preliminary plat. The plat includes the following note that requires the developer to study the adequacy of Taylor Blvd. in relation to this proposed new development: "Prior to the submission of engineering construction plans for the required public improvements, the Developer shall submit to the City a Traffic Impact Analysis of the proposed development that meets the requirements outlined in Article 3, Section 1.04 of the City's Subdivision Regulations. Where a Traffic Impact Analysis demonstrates the need for off -site facilities or improvements to approach streets, the developer shall make such improvements to approach streets, off -site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development, consistent with Article 3, Section 2 of the City's Subdivision Regulations. Improvements to the adjacent perimeter roadway (Taylor Blvd.) shall be required consistent with Article 3, Section 2 of the Subdivision Regulations." The Resolution approving the plat also includes this requirement. ATTACHMENTS: Description Location Map Anna 55 Acre Preliminary Plat Resolution Upload Date Type 7/6/2016 Backup Material 7/6/2016 Backup Material 7/6/2016 Resolution Letter proportionality Letter 7/8/2016 Backup Material J110 42 A eF e�fry AB,S A0479 ROBERT A JOHNSON URVEY �q1,/D e oAFRTyegor�o yo TRACT 3, 2.78 ACRES ZONING: PD 50 2003 ARop,�gkti RRFR l..,o S3„ NADINE &WILLIAM SMI H OAK ESTATHOLLOW #5 eFR y_, �R9 ?ss?s? / • 0�. / 9'•.� PRO`I� BYPASS TYnID 100 ILY U czw T O ABS A0868 JOS LATER SU EY A/ ARo F'y'S' ?ss26 QUi i•O'�� ''s�••TRACT 21, 5.836 ACRES �w , ?� eFRT e FRTy cq _6 /o \G • NADINE & WILLIAM SMITH J� ARoo✓Oh <O� 2SsR0 !•�t�,�}/ •' 89.E BYPASS FAMILY TRUST PROPERTY ID: 1013218 �v V Q- o q RT1'gNN T � ?s?s �/ �p01 , / 2 Q' 6 sTF�. �•/^ 3 4 sopp,.�� �vQ-�cs� elk ��•2 M ! �'} 2 "" �\ ^ 5�O� � MF�/ AR %k y Ss?s?FNo ; / -co'` _ .so\ ^ ^time so o`b ,', OIR ,� N F N o , 6 • A� A 9/t,�' < RTY 0�9� �' / : �o\ sow• Q� FR Np Or • 2ss s o--- '•. O n�y4b ? " ✓ S, \?6?J' `. ' ••\ `: \ ,'; • �o`b ♦ a , `• \ \ .�°r \ 3 s0 `• �. Q� Q� �lA1 AROAFy < ss?s? V'z VV :'� \ \ '''�: \ /' , `•'�\ '�` \\ `' : s \ \ sue., V 40 F \ RO2ss \/ •wa�j moo. m / '`, ALO `•. jOF /T� <OT \2s? W�1/�-</ // I o � �0 \ R TYP) s°�•. p Tye<� 2ss? ✓,Q / �wi'�/�• / 2 �^,\ „U`• s,on p Ur 3�!0. ^ %, ,15 - ,//' I/ o a cNo ' /� / •�•'c�/ �EASEMEN-( � � .�-•, ' a \ 25 2S,e<\ \i `F• `\ �o^ ',�°`;` `. 1 Q "' ,! / STY \ \ \ - o> . ^ \ 24 7`'6a- OU !�/I/ �� �` \ •`••`' 25, 23 8 OQ \ \ \ �•. \\\ '`' - ` O V ` co -o4) ABS A0868 JOS SLATER SURVEY TRACT 19, 8.0 ACRES RITTER TRUST PROP�ERTY�ID: 1013192 ABS A0868 JOS SLATER SURV Y TRACT 42, 3.52 ACRES ' ;TEVEN SR. & COLLEEN DEPRIEST ` �° PROPERTY : 25717 F i ♦ w`?Cn-r.rr, '\\ S po m Q N z ! V�0' 4 ` 0' UE ALON SS\•. ` ` -, 0 4 �� C �Q- Q `t Q ; Q/ �• \ ROW (TYP 1 1 •`•• . �� ,. 0` 20 `\ �• •• 4j cb V <(/114 19 12 �� ''` `\ �;,09 , o Q"Q 0 4 tv�V�O�oo IM tip. O' J�� �O V, cb�o� V ���Q" I0�OW p \ //yy,� 6' ORNAMENTAL- - - - - �� , ��6' `\` ,21 �.-- >. Q- - ° A\ \ I �! EENING FENCE �-_: - _ _ �-,,`. •��o;� ,ti o 14 ^moo \ \\` Too\ \ _, I i yo t ` _ = • - 9 6`^� \ 5� cod s2, 1 \ ; �\ �w\\ 5 B� - -_ s�=.. �O)l • `.. ABS A0868 JOS SLATERS R a�'- _ - ---s / •. TRACT 29, 3.724 ACRS �. APPROXIMA 10 s _-_ --'-' ;� �-' - __-- -- .�'' ,' 303'•�• ST VEN W. & SUSAN K. BRU E -c <2 E `� 4 •` HIKE &BIKE TRAIL 1 �,\ �\ 1 = __- _ LAMAR STR ___ ,, 23 •• ppo PROPERTY ID. 156814( APPROXIMATE ss T C K STREAM CENTERLINE LO OA, A E '• . , kFU_E A SCH L OPEN SPACE �O T D: 994 _ ..`. BLK 1, LOT 13X 5.59 ACRES TWIN CREEKS LOT 40B, 2.185 ACRES �'•-,� MARIETTA A GONZALEZ TWIN CREEKS• PROPERTY ID- 1887658 LOT 41A, 2.0 ACRES GEORGE & KATHERINE. HARTLINE �PROPERTY ID: 1 06770 i i Is A0868 JOS SLATER S EYE; TRACT 38, 2.457 ACRES '. THE REKIETA FAMILY TRUST�� PROPE - ID: 13 98 i :E c� i \ co .. 24 4 125 ' I26 27 � \ r- _- -� _ - 25'BL IN' I 1"�I 58' �,,•`•. 3 25' EX UTILITY EASEMENTS jr =I1 60 3--FL"00 I Q) ` Sopo APPROXIMATE LOC N I ' I so' '� ; , - ' RE AMATION o7 '••, SO ,, PLAYGRb ND EA li 6 60_ - - - , - 'o. �-- 01 A ,�o � � 9,3 ' 0 CR - a . t�•`� °1. 'w - \\ y —ems <<. - .` �. ♦ `., i Cj`•. NOTES: 1. FLOODPLAIN SHOWN FOR ANNA 55 IS TAKEN FROM COLLIN ��,-������ COUNTY FIRM PANEL NO. 48085C0155J, EFFECTIVE 06/02/2009. V O Qom^ 2. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, ��O �Q7^ O AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN Q REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE O ,`O BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. 3. A 6' MINIMUM ORNAMENTAL FENCE WITH LIVING SCREEN IS REQUIRED QQ� ON TAYLOR BLVD WITHIN A 10' HOA LOT. THIS WILL BE MAINTAINED BY THE HOA. 4. EXISTING ZONING ON PROPERTY IS PD 151-2004. 5. AVERAGE LOT SIZE IS 8618 SF. 6. BLOCK 2 IS AN OVER -LENGTH BLOCK. THE OWNER IS REQUESTING A WAIVER OF THE BLOCK LENGTH REQUIREMENT WHICH MAY BE GRANTED BY THE CITY OF ANNA CITY COUNCIL UPON APPROVAL OF THIS PRELIMINARY PLAT IN ACCORDANCE WITH ARTICLE 3, SECTION 1.17 OF THE SUBDIVISION ORDINANCE. 7. PRIOR TO THE SUBMISSIONS OF ENGINEERING CONSTRUCTION PLANS FOR THE REQUIRED PUBLIC IMPROVMENTS, THE DEVELOPER SHALL SUBMIT TO THE CITY A TRAFFIC IMPACT ANALYSIS (TIA) OF THE PROPOSED DEVELOPMENT THAT MEETS THE REQUIREMENTS OUTLINE IN ARTICLE 3, SECTION 1.04 OF THE CITY'S SUBDIVISION REGULATIONS. WHERE A TIA DEMOSTRATES THE NEED FOR OFF -SITE FACILITIES OR IMPROVEMENTS TO APPROACH STREETS, THE DEVELOPER SHALL MAKE SUCH IMPROVMENTS TO APPROACH STREETS, OFF -SITE COLLECTOR AND ARTERIAL STREETS AND INTERSECTION AS ARE NECESSARY TO MITIGATE TRAFFIC IMPACTS GENERATED BY THE DEVELOPMENT, CONSISTENT WITH ARTICLE 3, SECTION 2 OF THE CITY'S SUBDIVISION REGULATIONS. 8. LEGAL DESCRIPTION IS CONTAINED ON PAGE 2 OF THIS PRELIMINARY PLAT. 9. PER ZONING 40% OF LOTS ARE REZONED TO HAVE A 5' MINIMUM SIDEYARD, 60% ARE REQUIRED TO HAVE AN 8' MINIMUM SIDEYARD. �L F- CIE JXrq-D G 5 C r= • � .- R . hd� -TAL TRH r• Via` •�. /' ~: 4!4- i'-0" SIT. ORNA-ME-N I ET L FE� CE I'#i LI ' O CR E'ti FT Aln-02% 5.Qkm: I fs":= P A" 1 LAND USE SUMMARY USE ACREAGE LOTS DENSITY (UNITS/ACRE) SINGLE FAMILY LOTS 30.30 150 4.95 TOTAL RESIDENTIAL 30.30 150 4.95 ROW RESIDENTIAL 8.33 1 0.12 PRIVATE OPEN SPACES 16.21 3 0.19 H OA LOTS 0.17 2 11.76 TOTAL 55.01 156 2.84 (GROSS) NMI * ROW ACREAGE INCLUDES DEDICATED ROW ON TAYLOR. LIMIT e L APPROVED THIS DAY OF 2016, BY THE CITY COUNCIL OF ANNA, TEXAS. MAYOR CITY SECRETARY BL BUILDING LINE DE DRAINAGE EASEMENT UE UTILITY EASEMENT ESMT EASEMENT SSE SANITARY SEWER EASEMENT TYP TYPICAL ROW RIGHT OF WAY • IRON RODS © BLOCK DESIGNATION EXISTING TREE CANOPY ----• PRE -PROJECT 100 YEAR FLOODPLAIN - - - - • EXISTING FEMA 100 YEAR FLOODPLAIN x - U ORNAMENTAL SCREENING FENCE HIKE AND BIKE TRAIL PRCCT PLAT RECORDS, COLLIN COUNTY, TEXAS � . ABS A0868 JOS SLATER SURVEY • ;. ��`�, OP PACE '•� \ �. ss' � � .� Opo ` 4 LOT-4X _ ; . 76. '.", TRACT 16, 15.0 ACRES 1.75 ACRES 66, ; - •.,' 2p7 s ��.'� PAULA J. POWELL ��a o S' •., PROPERTY ID: 1013165 -, APPROXIM O`�l�'`fION � '^� 14 �� -,.- •- 66' 'H%I BlkfE'TRAIL •.,.� i ''♦ '`•.` \ •.- �� 29, 25 60' 5' 71' 74' ��•., 25' EX UTI ., ,, .• O 9 o0p �7,0! EASEME a, \ •� 1 , 'i• .:,, \ 4 43 42 �� 1 N 40 `�9 •)�• 2 / 39 d ��\ \ \\\\\ ♦ 2 < E A T , /,/��// /• / J3�•. \ .-\ \ ROW (TY ) 25' BL — - - _ 38 3 ``•\\ \ '`' -., \ P) 1 �' , /• / // \/ ` .--••—•_—•• ��•— .60 .. .. Z7 d8J ` 7 37 4 NGMONT DRIVE ti----------- --- •6'o• `� • \\\\ '`• \ , ^^ // / i R •, � -\-`- -67-- --6j0L -�-Y- - 69--- _ y\\ \1 36 ,, �/ 4 �, 141' 20 a , N I . 25' DREIASEMEGE NTTILITY�/` •�. \ ` ' Y \ \ Q 140' ✓ •. VC \ / 19 I 1 I I I 35 �� \ \ 89, I jot I c3� - ------.TWIN CREEKS .\ 8 2 s2' so' ss' 1 RL 131, ..' ' �`' `��/�\ \\ ''�. so' s0 mli 1 I III LOT 42B & 43A 4.0 ACRES � � STANLEY R. BUSH 17 16 �I I i ! ' 1i 34 \ 'ROPERTY ID: 2533754 ' 11 �\ ^� 15 1 0 12 ss I 19 , ♦ \ •�•6 . 2^ N r N 11 t 1 1 122' • `6°, '- .8� --�r--25'BL ----- ---- ----- ^ II 1 '1 / R4g0, •_.. -- �•----o - �l�l o T I CREEKS •�•' �- - --- -- 120, v OT 43B 2.0 ACRES CHRISTINA B. KEEL ••�• --` ' - sue' - - •• -----••- R2p0'- �cz �s pis' \ '`• / \\ P PERT ID:19 1821 �'• _--__-_- -------- - ---- 32 O APPRCSXIMA-TE 0'U AL NG ---- -25'BL --------- - \�2�'`• \ / �<� rr LOCATION •- ' 21 ° �,'i v/ i�� HIKE & BIKE TRAIL �• 1 22 31 a 18 TWIN CRE KS • , 1 N 20 N SOry�^o '2° ' , 'i ';./ °Q, FLOODPLAIN OT 044A 4.0 ACRES } RECLAMATION OSEPH P. MATHENEI( 23 v / ,• :�;v %'� 30 +/- 1.29 ACRES PROPERTY ID: 184471 •.� ao. m, �•/� /� , \\ �,•I �h, , / Qi/:29'OPEN SPACE ` 24 e BLK 5, LOT 48X 9�' 8.87 ACRES •�• �20 , / / / 40P T IN CREEKS ` 60, 2 LOT 45, 4.84 ACRES �'• 25� , A THUR R. & BONNIE ••`••��,o i PHILLIPS, ETUX `• I ! ,' R50, ; ' 27 ROPERTY ID: 1845 37 •�'•4%b I i•' LOT/BLOCK SUMMARY BLOCK LOTS BLOCK 1 1-13, 13X BLOCK 2 1-27 BLOCK 3 1-27 BLOCK 4 1-14, 14X BLOCK 5 1-48, 48X BLOCK 6 1-20 STREET -� •a�Y'_'�° o ENT j .� / as I t •,• �,�� !�h. y4 ON 464* • Yo `♦ b ♦,� TRAI BRIDGE i TO B U I LT 1 i BY 01 - � W; o o" M °I� N iti I I io0 C0 C .0) N r M p� ♦I ro ire 1 OWNERS MML PARTNERS, LP ATTN: IMING CHEE 5324 TATE AVENUE PLANO, TX 75093 DEVELOPER ANNA 55 JOINT VENTURE ATTN: DON COLLINS 2705 CLUB LAKE TRAIL MCKINNEY, TX 75070 PHONE: 214-802-8264 PLANNER / ENGINEER . PELOTON II L A N D S O L U T I O N S 10875 JOHN W. ELLIOTT DRIVE SUITE 400 FRISCO, TX 75033 PHONE: 469-213-1800 II TEXAS FIRM NO. 12207 II PRELIMINARY - FOR REVIEW ONLY These documents are for Design Review and not Intended for Construction, Bidding or Permit Purposes. They were prepared by, or under supervision of: NATHAN V. THOMPSON 95918 JUNE 29, 2016 Type or Print Name PE # Date PROJECT NO. AJV12002 FILE PATH G:JOB\AJV12002\ENT REVIEWED BY NVT DATE JUNE 2016 NORTH 0 100, 200' 300' GRAPHIC SCALE A PRELIMINARY PLAT FOR ANNA 55 ACRE TRACT CONTAINING LOTS ANNA, COLLIN COUNTY, TX CURRENT ZONING: 'PD 151-2004' 150 RESIDENTIAL LOTS 6 OPEN SPACES BEING A ±55.008 ACRE TRACT OF LAND SITUATED IN THE FOLLOWING COLLIN COUNTY, TX SURVEYS: R.A. JOHNSON SURVEY, ABSTRACT NUMBER 479 EZRA SHELBY SURVEY, ABSTRACT NUMBER 839 SHEET NO. 1 OF 3 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA 55 ACRE TRACT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, MML Partners, LP has submitted an application for approval of a preliminary plat of the Anna 55 Acre Tract Subdivision; 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 Preliminary Plat. The City Council hereby approves the preliminary plat of Avery Anna 55 Acre Tract attached hereto as Exhibit 1. Section 3. Traffic Impact Analysis Required. Prior to the submission of engineering construction plans for the required public improvements, the Developer shall submit to the City a Traffic Impact Analysis of the proposed development that meets the requirements outlined in Article 3, Section 1.04 of the City's Subdivision Regulations. Where a Traffic Impact Analysis demonstrates the need for off -site facilities or improvements to approach streets, the developer shall make such improvements to approach streets, off -site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development, consistent with Article 3, Section 2 of the City's Subdivision Regulations. Improvements to the adjacent perimeter roadway (Taylor Blvd.) shall be required consistent with Article 3, Section 2 of the Subdivision Regulations. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t", day of July, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 JOHN W. B[RKHOFF, P.E. GARY C. HENDRICKS, P.E, JOE R. CARTER, RE, MATT HICKEY, P.E. ANDREW MATA, JR„ RE, JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, RE, CRAIG M. KERKHOFF, RE, Mr. Philip Sanders City Manager City of Anna 111 North Powell Parkway Anna, Texas 75409 Re: Anna 55 Acre Tract Development Rough Proportionality Analysis Dear Mr. Sanders, July 8, 2016 As you directed, we have evaluated the preliminary plat and preliminary engineering plans for the Anna 55 Acre Tract development with regards to the proportionality of the roadway and sanitary sewer improvements required by Part I11-A (Subdivision Regulations) Article 1, Section 11.03 of the City's Code of Ordinances for this development. The proposed development is generally located between US 75 and Ferguson Parkway along Taylor Blvd. Roadway Evaluation This development is located along Taylor Blvd (CR 367) and is indicated on the City's Thoroughfare Map as an ultimate 4-lane divided roadway. As directed by the City, the roadway proportionality evaluation includes: • The dedication of ROW and construction of 2-lanes, of the ultimate 4-lane divided roadway, along Taylor Blvd. Table 1 below summarizes the cost of the roadway improvements being imposed by the City on this development. Table 1— Roadway Evaluation Project Ultimate ROW to $ / ROW Ult. Constructed Roadway Total ROW be SF* Value Roadway Roadway Value** Value dedicated Taylor 80' 33,052 sf $0.26 $8 593.52 4 lane 2 lanes $341 880 $350 473.52 Blvd div. ' *Value determined using Collin Central Appraisal District land values averaged between tracts involved ** Flood study costs that were included with the applicant's project cost were removed from the estimate as they do not apply to the roadway. An itemized breakdown was not provided for the paving costs. As a part of the development's submittal, an opinion of probable construction cost for the construction of 2- lanes of the ultimate 4-lane divided roadway of Taylor Blvd along the frontage of this development was submitted. The opinion of probable construction cost to construct Taylor Blvd, including ROW dedication, is $350,473.52. Mr. Philip Sanders City of Anna July 8, 2016 Page 2 of 2 Based on the City of Anna's adopted Roadway Impact Fees, the assessed roadway impact fee (calculated as 50% of the maximum) is $2,106 per dwelling unit. The enclosed preliminary plat includes 156 residential lots resulting in an assessed roadway impact of $328,536. Water System Evaluation The proposed development does not have any water lines to construct as a part of the City's Water Master Plan. Based on the City of Anna's adopted Water Impact Fee, the water impact fee (calculated as 50% of the maximum) is $4,674 per Service Unit. It is assumed that the proposed development will be comprised of/4" water meters based on the residential use shown. The enclosed preliminary plat includes 156 residential lots resulting in an assessed water impact of $729,144. Wastewater System Evaluation The proposed development is adjacent to an existing lift station. We recommend that the proposed development extend the sanitary sewer lines to the north side of Taylor Blvd in order to abandon the existing lift station. An evaluation of the sanitary sewer line sizes required for the proposed development as well an evaluation for any oversize sanitary sewer lines required due to the additional flow from the lift station abandonment shall be submitted. As a part of the development's submittal, an opinion of probable construction cost to extend the sanitary sewer lines to the existing lift station on the north side of Taylor Blvd and abandon the lift station was submitted. The opinion of probable construction cost for the sewer line extension and lift station abandonment is $125,260. An itemized breakdown or flow rate analysis was not provided. Based on the City of Anna's adopted Wastewater Impact Fee, the wastewater impact fee (calculated as 50% of the maximum) is $4,610 per Service Unit. It is assumed that the proposed development will be comprised of 3/4" water meters based on the residential use shown. The enclosed preliminary plat includes 156 residential lots resulting in an assessed wastewater impact of $719,160. Conclusion The opinion of probable construction cost provided by the applicant for the public infrastructure is within a reasonable range of, or below, the assessed impact for the roadways and the sanitary sewer system. Therefore, the public infrastructure improvements being imposed as a condition of Plat approval are roughly proportionate to the demand created by the development. We are available to discuss this evaluation further at your convenience. Enclosures cc: Mr. Joseph Johnson Mr. Maurice Schwanke Sincerely, /raig M. Kerkhoff, P.E. TBPE Firm 526 ACEC Wellness Firm Better Decisions - Better Designs TBPLS Firm 100318-00 jAclerica l\anna\I -genera l services\4009-deve toper projects\161 -an na 55 development\letters\anna 55 rp letter 2 docx PELOTON I I T L A N D S O L U T I O N S 5751 KROrER OR STE 155 1 KELLER, rx 7624� 817 562 3350 830 LENGTH OF STREET (FT) OPINION OF PROBABLE COST TAYLOR BOULEVARD City of Anna, Collin County, Texas Project Number: AJV12002 Prepared For: n/a Date: July 7, 2016 File Name: AJV12002_OPC Taylor Blvd 20160706 Prepared by: NVT Checked by: NVT TAYLOR BOULEVARD CONSTRUCTION COSTS _DESCRIPTION AMOUNI Earthwork $16,411 Storm S54 74C Paving $178.10: Misc $4,00( TOTAL CONSTRUCTION COSTS $253.254 UIS,CFI I ANFn11A CnCTlt DESCRIPTION CITY i UNIT UNIT PRICE I AMOUNT Engineering & Surveying 12% % $253254 $30,390 Flead Traffic Impact AnalysisiEstimated Portion) 1 LS $2,500 $2,500 SWPPP (plan preparation & inspectlons) 1 LS $5,000 t5,Og0 Maintenance Bond (1%) 1% % $232,843 $2,728 Inspecbon Fee (3°%) 3% LS $232,843 W985 Geatechnical Testing 5% %a $253,254 $12,B60 TOTAL MISC. COSTS SUMMARY Construction Costs $253.254 Miscellaneous Cost_s$60,264 Contin gency Costs 10% % $28,364 NET PROJECT COSTSrF@96 Per Linear Foot: $60,264 $341,880 G:\JOB\AJV12002_Anna_Sanitary_Sewer_Study\Ent\Feas\Estimate\AJV12002_OPC Tayior Blvd 20160706 1 of 2 GENERAL NOTES: 1) Earthwork quantities do not include costs for rock excavation. A preliminary grading exercise has not been conducted. 2) All fees need to be verified by the City of Anna. 3) Waters of the US determination has not been conducted and should be verified with the proposed construction. 4) Turn lanes and deceleration lanes are not included in this cost estimate. 5) Franchise and other utility relocation costs are not included in this estimate. 6) Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable development cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the design professional cannot and does not guarantee that proposals, bids, or the development cost will not vary from opinions of probable cost prepared by him. If the owner wishes greater assurance as to the development cost, he shall employ an independent cost estimator. G:\JOBWJV12002_Anna_Sanitary_Sewer_Study\Ent\Feas\EStimate\AJV12002_OPC Taylor Blvd 20160706 2 of 2 P E LOTO N I I I I L AND SO L U T I ON S 5751 KROGER DR. STE, 185 1 KELLER, TX 762AA 1 817,562 335t OPINION OF PROBABLE COST ANNA 55 ACRE TRACT SANITARY SEWER UPSIZING City of Anna, Collin County, Texas Project Number: AJV12002_OPC 20160706 Prepared For: Don Collins Date: July 7, 2016 File Name: AJV12002_OPC Sewer Upsize 20160706 Prepared by: NVT Checked by: NVT SANITARY SEWER UPSIZE ESTIMATE DESCRIPTION AMOUNT Sewer $94.448 TOTAL CONSTRUCTION COSTS $94.448 MISCELLANEOUS COSTS DESCRIPTION QTY UNIT UNIT PRICE AMOUNT Engineering & Surveying 12%I % $94,448 $11,334 Maintenance Bond (1 %) IaA % $94,448 $1,344 Inspection Fee (3% of Water, Sewer, Drainage, and PaY�ng} 39'a, LS $94,448 $2 833 Geotechnical Testing 5% % $94,448 $4,720 TOTAL. MISC. COSTS $20,232 SUMMARY Construction Costs $94,448 Miscellaneous Costs $20.232 Contingency Costs 10% % $10,578 NET PROJECT COSTS $125,260 G:\JOB\AJV12002_Anna_Sanitary_Sewer_Study\Ent\Feas\Estimate\AJV12002_OPC Sewer Upsize 20160706 1 of 2 GENERAL NOTES: 1) Ultimate pipeline size generally estimated. Final size will depend on flows calculated by the City of Anna. 2) Waters of the US determination has not been conducted and should be verified with the proposed construction 3) Franchise relocation costs are not included in this estimate. 4) Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable development cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the design professional cannot and does not guarantee that proposals, bids, or the development cost will not vary from opinions of probable cost prepared by him. If the owner wishes greater assurance as to the development cost, he shall employ an independent cost estimator. G:\JOBWJV12002_Anna_Sanitary_Sewer_Study\Ent\Feas\Estimate\AJV12002_OPC Sewer Upsize 20160706 2 of 2 y€OW HOMETOWN AGENDASUBJECT: Resolution approving a Final Plat of Avery Pointe Phase 2. SUMMARY: Item No.5.i. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: yes Lennar Homes of Texas has submitted an application for approval of a final plat of the Avery Pointe, Phase 2 subdivision. This subdivision would create 79 single family lots on a 14.625 acre tract of land located on the east side of Ferguson Parkway north of FM 455. The plat has been reviewed by city staff and city consulting engineer and is consistent with the zoning that governs the development of this property and the preliminary plat. The Planning and Zoning Commission has recommended approval of this Final Plat. STAFF RECOMMENDATION: Staff recommends approval of this Final Plat. ATTACHMENTS: Description Location Map Avery Pointe Phase 11 Resolution Upload Date Type 7/5/2016 Backup Material 7/6/2016 Backup Material 7/6/2016 Resolution Letter SITE WHITE STREET (F.M. 455) !�� CHESTNUT STREET 40%, r I pri k s Elar WHIT U)i2 wU) w Of rr, Q � o O Z v Qqo o p d o � LU -1 Q Q U U ZCD o a- 0000 OfFnZ way Z�zzLO_ a� �Q WZ OfZ Q GRAPHIC SCALE IN FEET 60 0 30 60 120 1 " = 60' @ 24X36 LINE TABLE NO. BEARING LENGTH L1 N44°13'54"W 21.21' S88056'01 "E 9.81' BALLED 56.738 ACRES HOMES OF TEXAS LAND AND :ONSTRUCTION, LTD., F. NO. 20150206000134500 O.P.R.C.C.T. S88056'42"E 50.00' AVERY POINTE PHASE 1 VOL. , PG. P.R.C.C.T. REMAINDER OF A CALLED 20.000 ACRES ANNA 455 COMMERCIAL, LP, (54.4% INTEREST) INST. NO. 20071205001623100 O.P.R.C.C.T. CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 10'56'01" 1275.00' 243.30' N83°28'00"W 242.93' C2 11'13'54" 730.00' 143.10' S83°36'57"E 142.87' C3 11'13'54" 1000.00' 196.03' S83°36'57"E 195.72' C4 10'56'01" 1005.00' 191.78' N83°28'00"W 191.49' C5 10'44'01" 300.00' 56.20' S06°37'59"W 56.12' C6 16°25'19" 450.00' 128.98' S06°56'41"E 128.54' LC7 163°44'23" 50.00' 142.89' N45°46'06"E 98.99' C8 299°57'42" 50.00' 261.77' N75°25-19"E 50.03' nnnoe n�nnnr N88°56'01 "W 169.37' N32044'52"W 61.47' �-T T16WiY111240Y d LOT 1, BLOCK SUMMER HILL ADDITION VOL. 2011, PG. 22 P.R.C.C.T. VICINITY MAP N.T.S. CALLED 56.738 ACRES 370 AVERY POINTE PHASE 1 LENNAR HOMES OF TEXAS LAND AND _ P.R.C..C.C. VOL. , CONSTRUCTION, LTD., - \ T. INST. NO. 20150206000134500 O.P.R.C.C.T. - S83°53'40"E S81 °43'27"E - - 53.41' 53.41' 1 XF 5/8" IRFC 368 S79°36'16"E (CARTER BURGESS) 53.41' LOT 10 5/8" IRF - - _ 75 1/2" IRF - - SITE 50.74' S7 - - w FC 50.00, 8°OO�OO�E 223 44 I SO°46'06"�/ (CARTER BURGESS) BLOCK A 00 z o LU so.0o' S80 N0°46'06"E 41.61' o X 10.86' LOT 11 LL w S86 19'44 E S89 13 54 E 110.00 - 27 � o M 50.00, 59.727E ° °------1 , m ^� No 26 ��, z2.7 37 z Z ; o0 o BLOCKS °I 27.6s' 3169 59•90' S89°13'54"E 117.32' I ass' --- CD W 42.21' Z 25 C) 0 24 0 o W 17.69' 60.00' J 25.00' 25.00' 1 -� 5/8" IRFC I NORTH 0 0 7.32' o m o _ _ z o 23 0 o m 1 0 1 N 29 00 (CARTER BURGESS) 5/8"IRF aq Z � 0 22 0 0 N LOT12 I I wo X� U o Q o O D_ Cl) � J (O N J O p Q H C:) ~ LOUUcgoU J W N U J W 0 3�Wo� I Q Q Z N O I u- U O OLo Z OLO v a j Z Z a_ I Q w L U2w� LL0Z� O U N �� W N 0 0Z"Z H 2EQ Z w - CALLED 10.617 ACRES LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., INST. NO. 20150206000134510 O.P.R.C.C.T. co N I I I � I I LO ° �U) 1 I I I I I \ SANITARY SEWER EASEMENT \ \ - - - INST. NO. , O.P.R.C.C.T. \ \ \ V V- - - - - - - - - - a' \- - - LN88°46'35"W 1/2" IRF \ \ \ 16.28' M'Y e 154.53, \\ \\\ - P.O.0 \ \ 1/2" IRF I CALLED 0.700 ACRE I RONNY BROWN AND WIFE, LINDA BROWN VOL. 1076, PG. 564 L.R.C.C.T. I I GENERAL NOTES: 0 6 1 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3. All proposed lots situated in whole or part within the city's corporate limits comply with the minimum size requirements of the governing zoning district. C I 4. All HOA lots to be owned and maintained by the Homeowners Association. Maintenance of the HOA lots will not be the responsibility of the City of Anna. 5. All proposed lots shall have a 10-foot Utility Easement adjacent to street right-of-ways. 6. Retaining walls and grade beams on residential lots to be owned and maintained by the L Home Owner. ai I I - LO 7. All Sight Visibility Easements (SVE) are 25'x25'. o � 8. According to Community Panel No. 48085CO155J dated June 02, 2009 of the National 6 o Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, zoFederal Emergency Management Agency, Federal Insurance Administration, this o property is within Zone "X", which is not a special flood hazard area. If this site is not - _ 1 within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by LO man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 9. See Sheet 2 for Lot Area Table. oSETTLERS' WAY I 10. Screen wall to be owned and maintained by the Homeowners Association (HOA). The CAB. P, PG. 967 Private Wall Maintenance Easement (PWME) are provided for HOA maintenance of P.R.C.C.T. 1 1 screening walls. LEGEND 0 BOUNDARY LINE - - IEASEMENT LINE w I BUILDING LINE 5/8"IRFC 1 \ IRF IRON ROD FOUND (CARTER BURGESS) / I IRFC IRON ROD FOUND WITH CAP IRSC IRON ROD SET WITH CAP IPF IRON PIPE FOUND Q I NTS NOT TO SCALE FND. FOUND J B.L. BUILDING LINE J P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS co O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS O _ XS "X" CUT IN CONCRETE SET J XF "X" CUT IN CONCRETE FOUND aI P.O.B. POINT OF BEGINNING LL P.O.C. POINT OF COMMENCING D.E. DRAINAGE EASEMENT S.S.E. SANITARY SEWER EASEMENT S.V.E. SIGHT VISIBILITY EASEMENT 1 coW U.E. UTILITY EASEMENT P.W.M.E. PRIVATE WALL MAINTENANCE EASEMENT P.D.E. PRIVATE DRAINAGE EASEMENT IRFC (CARTER BURGESS) FINAL PLAT AVERY POINTE PHASE 2 5/8" IRFC (CARTER BURGESS) BLOCK S, LOTS 18-31; BLOCK T, LOTS 1-28; BLOCK U, LOTS 29-52, 52X, 53-65 5/8" IRFC 1 (CARTER BURGESS) I 79 RESIDENTIAL LOTS _ _ I 1 HOA LOTS '�'-5/8" IRFC (CARTER BURGESS) 14.625 ACRES _ _ I SITUATED IN THE IFC (CARTER BURGESS) FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS 1/2" IRFC J U N E 2016 (BARROW 1994) Kimley>>>Horn I I 5750 Genesis Court, Suite 200 Tel. No. (972) 770-130( Frisco, Texas 75034 FIRM # 10193822 Fax No. (972) 335-377! Scale Drawn by Checked by Date Project No. Shel 1/2" IRFC - 1" = 60' KHA KHA 06/29/2016 063451701 1 C (BARROW 1994) OWNER: Lennar Homes of Texas 1707 N. Market Place Blvd., Suite 100 Irving, Texas 75063 Ph: (469) 587-5206 Contact: Elaine Torres APPLICANT: Kimley-Horn and Associates, Inc. 12750 Merit Drive, Suite 1000 Dallas, TX 75251 Ph: (972) 776-1764 Contact: Ashley Williams, PE GENERAL NOTES: OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., is the sole owner of the following described tract of land: BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas, and being a portion of a called 56.738 acre tract of land described in a Special Warranty Deed to Lennar Homes of Texas Land and Construction, Ltd., recorded in Instrument No. 20150206000134500 of the Official Public Records of Collin County, Texas, and a portion of a called 10.617 acre tract of land described in a Special Warranty Deed to Lennar Homes of Texas Land and Construction, Ltd., recorded in Instrument No. 20150206000134510 of the Official Public Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for the northwest corner of a called 0.700 acre tract of land described in a deed to Ronny Brown and wife, Linda Brown, as recorded in Volume 1076, Page 564 of the Land Records of Collin County, Texas, common to an exterior corner of said 10.617 acre tract, and an interior corner of a called Tract 1 described in a deed to Anna 455 Commercial, LP, recorded in Instrument No. 20121119001473740 of the Official Public Records of Collin County, Texas, from which a 1/2 inch iron rod found for the northeast corner of said 0.700 acre tract bears North 78'02'13" East, 154.53 feet; THENCE North 03°02'30" East, along the westerly line of said 10.617 acre tract, a distance of 60.71 feet to a point for an interior corner of said 10.617 acre tract and for the POINT OF BEGINNING of the herein described tract; THENCE North 88°44'01" West, along the southerly line of said 10.617 acre tract and passing the westerly line of said Tract 1, same being the easterly line of a called 20.000 acre tract of land described in a Special Warranty Deed to Anna 455 Commercial, LP, recorded in Instrument No. 20071205001623100 of the Official Public Records of Collin County, Texas, and continuing along the same course and crossing said 20.000 acre tract, and along the northerly line of Lot 1, Block A of Summer Hill Addition, according to the plat thereof recorded in Volume 2011, Page 22 of the Plat Records of Collin County, Texas, for a total distance of 267.79 feet to a 1/2 inch iron rod with plastic cap stamped "JBI" found for an exterior corner of said 10.617 acre tract; THENCE North 32°44'52" West, departing the northerly line of said Lot 1, Block A of Summer Hill Addition and along the westerly line of said 10.617 acre tract, a distance of 61.47 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE North 01'15'59" East, continuing along the westerly line of said 10.617 acre tract, a distance of 440.33 feet to a 5/8 inch iron rod found for the northwest corner of said 10.617 acre tract, being on the southerly line of aforesaid 56.738 acre tract; THENCE North 88°56'01" West, along the northerly line of said 20.000 acre tract and the southerly line of said 56.738 acre tract, a distance of 169.37 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE departing the northerly line of said 20.000 acre tract and the southerly line of said 56.738 acre tract, and crossing said 56.738 acre tract, the following courses: North 01 °03'59" East, a distance of 170.51 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 88°56'42" East, a distance of 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; North 01 °03'59" East, a distance of 209.49 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 88°56'01" East, a distance of 9.81 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; North 01 °03'59" East, a distance of 160.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 88°56'01" East, a distance of 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 88'12'06" East, a distance of 53.49 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 86°03'53" East, a distance of 53.41 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 83°53'40" East, a distance of 53.41 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 81 °43'27" East, a distance of 53.41 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 79'36'16" East, a distance of 53.41 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 78°00'00" East, a distance of 223.44 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 80°37'27" East, a distance of 59.37 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 86'1944" East, a distance of 59.90 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 89'13'54" East, a distance of 117.32 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; North 00°46'06" East, a distance of 10.86 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 89'13'54" East, a distance of 110.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the easterly line of said 56.738 acre tract and the westerly line of Settlers' Way according to the plat thereof recorded in Cabinet P, Page 967 of the Plat Records of Collin County, Texas; THENCE South 00°46'06" West, along the easterly line of said 56.738 acre tract and the westerly line of said Settlers' Way, and along the easterly line of said 10.617 acre tract, a distance of 559.45 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; THENCE departing the easterly line of said 10.617 acre tract and the westerly line of said Settlers' Way, and crossing said 10.617 acre tract, the following courses: North 89°13'54" West, a distance of 271.15 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; North 81 °03'24" West, a distance of 235.56 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 01'1559" West, a distance of 100.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 24°08'46" East, a distance of 112.93 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; South 01'1659" West, a distance of 236.61 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; North 88°44'01" West, a distance of 16.28 feet to the POINT OF BEGINNING and containing 14.625 acres (637,080 square feet) of land, more or less. LOT AREA TABLE LOT NO. ACRES SQ. FT. BLOCK S LOT 18 0.152 6,600 BLOCK S LOT 19 0.136 5,905 BLOCK S LOT 20 0.137 5,957 BLOCK S LOT 21 0.133 5,813 BLOCK S LOT 22 0.126 5,500 BLOCK S LOT 23 0.126 5,500 BLOCK S LOT 24 0.126 5,500 BLOCK S LOT 25 0.127 5,532 BLOCK S LOT 26 0.129 5,638 BLOCK S LOT 27 0.129 5,637 BLOCK S LOT 28 0.129 5,637 BLOCK S LOT 29 0.129 5,637 LOT AREA TABLE LOT NO. ACRES SQ. FT. BLOCK S LOT 30 0.131 5,687 BLOCK S LOT 31 0.126 5,500 BLOCK T LOT 1 0.154 6,710 BLOCK T LOT 2 0.129 5,612 BLOCK T LOT 3 0.132 5,759 BLOCK T LOT 4 0.132 5,758 BLOCK T LOT 5 0.132 5,758 BLOCK T LOT 6 0.130 5,674 BLOCK T LOT 7 0.126 5,500 BLOCK T LOT 8 0.126 5,500 BLOCK T LOT 9 0.126 5,500 BLOCK T LOT 10 0.129 5,601 LOT AREA TABLE LOT NO. ACRES SQ. FT. BLOCK T LOT 11 0.132 5,733 BLOCK T LOT 12 0.132 5,732 BLOCK T LOT 13 0.132 5,757 BLOCK T LOT 14 0.152 6,600 BLOCK T LOT 15 0.152 6,600 BLOCK T LOT 16 0.133 5,789 BLOCK T LOT 17 0.134 5,823 BLOCK T LOT 18 0.134 5,821 BLOCK T LOT 19 0.131 5,700 BLOCK T LOT 20 0.126 5,500 BLOCK T LOT 21 0.126 5,500 BLOCK T LOT 22 0.126 5,500 LOT AREA TABLE LOT NO. ACRES SQ. FT. BLOCK T LOT 23 0.128 5,592 BLOCK T LOT 24 0.131 5,718 BLOCK T LOT 25 0.131 5,717 BLOCK T LOT 26 0.131 5,717 BLOCK T LOT 27 0.128 5,574 BLOCK T LOT 28 0.154 6,710 BLOCK U LOT 29 0.126 5,500 BLOCK U LOT 30 0.126 5,500 BLOCK U LOT 31 0.126 5,500 BLOCK U LOT 32 0.126 5,500 BLOCK U LOT 33 0.126 5,500 BLOCK U LOT 34 0.126 5,500 OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., acting herein by and through their duly authorized officers does hereby adopt this plat designating the hereinabove described property as AVERY POINTE PHASE 2, 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 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 P g P 9 P 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. The undersigned does covenant and agree that the access easement may be utilized by 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 Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at this the day of 20 LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership BY: Lennar Texas Holding Company, a Texas corporation, its General Partner BY: Signature Name and Title STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared of Lennar Texas Holding Company, a Texas corporation, General Partner of Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of 120 NOTARY PUBLIC in and for the STATE OF LOT AREA TABLE LOT NO. ACRES SQ. FT. BLOCK U LOT 35 0.126 5,500 BLOCK U LOT 36 0.122 5,304 BLOCK U LOT 37 0.236 10,299 BLOCK U LOT 38 0.268 11,678 BLOCK U LOT 39 0.170 7,409 BLOCK U LOT 40 0.187 8,149 BLOCK U LOT 41 0.142 6,191 BLOCK U LOT 42 0.139 6,059 BLOCK U LOT 43 0.139 6,067 BLOCK U LOT 44 0.138 6,004 BLOCK U LOT 45 0.203 8,847 BLOCK U LOT 46 0.133 5,802 LOT AREA TABLE LOT NO. ACRES SQ. FT. BLOCK U LOT 47 0.126 5,504 BLOCK U LOT 48 0.126 5,500 BLOCK U LOT 49 0.136 5,931 BLOCK U LOT 50 0.166 7,219 BLOCK U LOT 51 0.162 7,036 BLOCK U LOT 52 0.262 11,431 BLOCK U LOT 52X 0.144 6,264 BLOCK U LOT 53 0.436 18,995 BLOCK U LOT 54 0.332 14,469 BLOCK U LOT 55 0.144 6,269 BLOCK U LOT 56 0.145 6,330 BLOCK U LOT 57 0.137 5,957 LOT AREA TABLE LOT NO. ACRES SQ. FT. BLOCK U LOT 58 0.127 5,513 BLOCK U LOT 59 0.126 5,500 BLOCK U LOT 60 0.126 5,500 BLOCK U LOT 61 0.130 5,680 BLOCK U LOT 62 0.175 7,629 BLOCK U LOT 63 0.149 6,494 BLOCK U LOT 64 0.143 6,226 BLOCK U LOT 65 0.143 6,226 STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Sylviana Gunawan, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. Sylviana Gunawan Registered Professional Land Surveyor Texas Registration No. 6461 Kimley-Horn and Associates, Inc. 5750 Genesis Court Suite 200 Frisco, TX 75034 (972) 335-3580 sylviana.gunawan@kimley-horn.com STATE OF TEXAS § § COUNTY OF § EG�TE..TF w................................ SYLVIANA GUNAWAN 6461 �9 %`' 0 S���e �G�•••S .0 Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Sylviana Gunawan, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this .20 Notary Public in and for the State of Texas Printed Name My Commission Expires day of �o<na =Comm. LIZOLA DE SENA ic, State of Texas pires 11-21-2016Te ofID 126733000 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3. All proposed lots situated in whole or part within the city's corporate limits comply with the minimum size requirements of the governing zoning district. 4. All HOA lots to be owned and maintained by the Homeowners Association. Maintenance of the HOA lots will not be the responsibility of the City of Anna. P Y Y 5. All proposed lots shall have a 10-foot Utility Easement adjacent to street right-of-ways. 6. Retaining walls and grade beams on residential lots to be owned and maintained by the Home Owner. 7. All Sight Visibility Easements (SVE) are 25'x25'. 8. According to Community Panel No. 48085CO155J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 9. Screen wall to be owned and maintained by the Homeowners Association (HOA). The Private Wall Maintenance Easement (PWME) are provided for HOA maintenance of screening walls. Approved this day of , 2016 by the City Council of the City of Anna, Texas. Mayor City Secretary FINAL PLAT AVERY POINTE PHASE 2 BLOCK S, LOTS 18-31; BLOCK T, LOTS 1-28; BLOCK U, LOTS 29-52, 52X, 53-65 79 RESIDENTIAL LOTS 1 HOA LOTS 14.625 ACRES SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS JUNE 2016 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF AVERY POINTE PHASE 2. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Lennar Homes of Texas has submitted an application for approval of a final plat of the Avery Pointe Phase 2 Subdivision; 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 Final Plat The City Council hereby approves the final plat of Avery Pointe Phase 2 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t", day of July, 2016. ATTEST: APPROVED: Carrie Smith, City Secretary Mayor, Mike Crist 0 y€OW HOMETOWN AGENDASUBJECT: Resolution approving a Final Plat of Avery Pointe Phase 3 SUMMARY: Item No.5.j. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Lennar Homes of Texas has submitted an application for approval of a final plat of the Avery Pointe, Phase 3 subdivision. This subdivision would create 103 single family lots on a 22.645 acre tract of land located on the east side of Ferguson Parkway north of FM 455. The plat has been reviewed by city staff and city consulting engineer and is consistent with the zoning that governs the development of this property and the preliminary plat. The Planning and Zoning Commission has recommended approval of this Final Plat. STAFF RECOMMENDATION: Staff recommends approval of this Final Plat. ATTACHMENTS: Description Location Map Avery Pointe Phase 3 Final Plat Resolution Upload Date Type 7/7/2016 Cover Memo 7/6/2016 Backup Material 7/6/2016 Resolution Letter SITE WHITE STREET (F.M. 455) !�� CHESTNUT STREET 40%, r I pri k s Elar WHIT NU Ft I H CALLED 51.195 ACRES TWO-J PARTNERS, LLLP CALLED 60.549 ACRES INST. NO. 20080509000562500 TWO-J PARTNERS, LLLP CALLED TRACT A BLOOMFIELD HOMES, L.P. _ INST. NO. 20080509000562490 INST. NO. 20131227001685590 O.P.R.C.C.T. ''E. I 1 I O.P.R.C.C.T. W.E. O.P.R.C.C.T. GRAPHIC SCALE IN FEET I I INST. NO.20160520000624640 .20160609000724960 O.P.R.C.C.T. j -I.T. 60 0 30 60 120 INST. NO. 15' S.S.E. �C I 11 15'X15' U.E. 15' PRIVATE HOA D.E. 15'X15' U.E. J I - INST. NO. 20160609000724970 INST. NO. 20160609000724950 INST. NO. 20160609000724960 15' PRIVATE HOA D.E. 1 - - - O.P.R.C.C.T. - - _ 1" - 60' @ 24X36 O.P.R.C.C.T. O.P.R.C.C.T. O.P.R.C.C.T. 15'X15' U.E. INST. NO.20160609000724950 _ - - - - I I r INST. NO. 20160609000724960 0.P.R.C.C.T. r _ _ I O.P.R.C.C.T. \ 10' U.E. & S.W.E. � W.E. IL 15.05' INST. NO. 20160520000624670 HAC K B E R RY DRIVE INST. P R CO. T 160520000624630 10' U.E. & S.W.E. O.P.R.C.C.T. INST. NO. 20160520000624650 HACKBERRY DRIVE o O S88°49'57"E 254.17 S89 08 49 E 823.75 O.P.R.C.C.T. �I� 82.15' ° ' " S89°08'49"E 115.00' - - - S88°49'57"E 238.28' L14 L15 S89°08'49"E 807.71' 1X c0 /- - - 168.-10'-- 70. ' - - - - 98.29' _ - - - - I -- �(--125.00'----- - co o H- I ��, 1 j 350.00' ,n J o 1 X 10.00' z 0, W � � L 15' S.S.E. \ w U ` - I 5' P.W.M.E. a 17.50' 1 HAYES S DRIVE I - 125.04' - - - - 109.38' - - - N -� L2 N S89°08'49"E - 98.92' - - _ F_ co 15 U�J 5' P.W.M.E. GNU c� ^ �� = 24 N ly o UJ o Ir o '8 \ o 1 o O - 5' P.W.M.E. I \ Q oo a O `r ° an o 25'X25' S89°08'49"E 229.00' 5 6 I I 1 Io P.O.B. w N 0 o I 1 16 " o I co S.V.E. o > 25'X25' 0 1 0 o 0 " 1.90, cD b 10, U.E. S.V.E. C m o LO 1 i� 0 1 I co coo Z L4 50 R r l J I U - N S89°08'49"E 250.00' 9 o o n 14 S84°00'00"E 123.27' °� S89°08'49"E 125.00, 125.00' - - - - 1It 1 / N I - - - - - - - - - - - 125 - - - - I 1 , I ggg°11'19"E 125.00' I 25.0' I 25.0' S89°11'19"E 115.00' I 14 \ 5' P.W.M.E. I S89°08'49"E 125.04' 1-II- - - 15' B.L. H in 14 I I o N 23 1 4 5 �- 50' ROW 10' P.D.E. o o I o I I I INST. NO. 20160520000624660 0 z LO O / �� o o f co 0 1 7 I I I O.P.R.C.C.T. I M I S89°08'45"E 143.74' 11.38' 1 LO I o° m 1 m 4 0 o iO O fl _ co I I _ _ / 1 a N I O OI 10 2 S84°00'00" I I S89°08'49"E 150.00' °M' I I 1 25.0' 1 25.0' 0 1 m I I L11 L 13 1/� F 15 S S.E E 119.24' - - I W S89°08'49"E 125.00' m - - - - - m VOLco _ _ v ��\ \\\G.�2 j 17 w _ _ - I - S89°0849"E 125.00' 1 50' ROW m I I S89°11'19"E 125.04' 1 I I S89°11'19"E 115.00' N 20 / 11 0 I 1 I co 1 22 ui I - - ° 0 13 I " I C6 o j o \� � I I S89°08'49"E 125.04' 5' P.W.M.E. I / XF 4=4 49'57" I I �1z /_ N o t Lu 3 6 I I -----I I� 5' P.W.M.E. 8 I I 15' S.S.E. \ BLOCK L b m v o 0 R=2360.00' o O _ S89°08'49"E 153.34' I l\\ I I_ I o N I OI m I `I W " I �O c0 1 _W LO o _ I o C? 3 0 Lo 199.05' U S84°00'00"E 116.55' I" �I�- S89°08'49"E 150.00' Q N BLOCK M m 1 ry N 1 3 I n 1' I F I Ln I I i 15 N " N N u� co 10' P.D.E. I 1 w 18 1LO - I- S89°08'49"E 125.00' N Q M o 1 o I I O I S89°11'19"E 115.00' CB=N3 35 02 E I - S89°O8'49"E 125.00' - - I �I c `° I S89°11'19"E 125.09' o �/� o co Z XF C=198.99 N 12 I co o�1 oow 21 m �/W zl I I w co o o -- a) a.Q o ry a� 1 I" J 1 " I m " �, N I WI� J 2 to 7 10 �, N 1 w" BLOCKN ) 1/2" IRFC -- REMAINDER OF A CALLED m I o z I" " a o �-. 0 1 m O r o (0 o I Ss9°08'49"E 125.04' I M L I q (TIPTON ENG) 0 o S89°08'49"E 158.39' z I co o N 1" z J U) w �� 0 9 = 1 114.608 ACRES I N I Lo 25.0' 25.0' - - - - " Q z ° I I I I _ N ANNA 455 RESIDENTIAL, LP, ss4°o_'oo"E 115.19' " 50' ROW S89°08'49"E 150.00' I I T 1�-� 11 I� 1 o 0 1 16 1 (54% INTEREST) I I i I •L S89°08_49"E 125.00' - - S89°08'49"E 125.00' 1 zlo ff 2 00 O w 1/2" IRF M L o Z I o f N I I I S89'I V19"E 115.00' 1 INST. NO. 20070403000444410 _ N 11 I 19 I I 25.0' 25.0' 1 1 1 (6 W L] � Z - - - - O.P.R.C.C.T. u, I I I a l � 0 20 I N 50' ROW h 1 I I N co 1 co S89°11'19"E 125.13' 1 0 > o ca ca I 1 5 O Q ry to ^I o to r 1 " I -- aim O 12, it I N ° I CO° w 5.32� 15'B.L. o m 1 I� I z 1 0 0 0 LO 8 S89°08'49"E 125.04' 0 10 I o z F o 1 mLO o LO 17 _ _ _ _ I 1 I Z a- U S84:0'00"E 115.00' 1 _ .23 N - - - - ----- 9 I" "I " ___ LO rn 1 U w C23- 22.37' - - q _ 15- S89°11'19"E 115.00' r- d I o ui 1 0 C25 -- - I^ I I -- - 1 d co g 10 O ; 25'X25' 125.56' (Nj o S89011'19"E 125.17' I I 00 I tr LO LqI I Io S.V.E. 25'X25' I 1 _Nt W -� a o o Z w I L5 - C� - C11 S.V.E. 25'X25' 27 121. U N I o-- m l 0 1 LLi 6 o LO p 18 1 > O 11 ^ I oI o - - -32 U 1 0 ❑ w o j C) O 25'X25' �� -.V.E. 10, U.E. 9.36' rn Q > " o o _ - O S.V.E. C6 �� C12 �I _ _ 11 1� 1 S84°00'00" n 25'X25' - -L o /u � � o �O 1/2" IRFC (TIP NG) E 115.00' z C24 _ M O I 64.02' - - - - C26 PE M z S89°11'19"E 115.00' - - O _ _ 59.00, 20.30' 40.02' 61.48' - I� BLOco CKL I ---- ---- ----- 61.48' H� S.V.E. - - �L DR/ _ " ,2_97, 1� 1 1 61.48' E 61. _ C13 25'X25' -_ T UJ 20' B.L. _ 61 S.V.E. S7g°00'00"E 76.6 I I Ln 7 LO 19 Q LU I I oI > I I r oo `r o0 00 20 .4 8' 200.61' 4' _ u" LO _ ' B,L. _ _ _ 1 1/2" IRFC D �s84° I"LO 1 `"I 2 3 �I 4 1174�76 _ �1 - 61.4 N7g°00 �0'00.,E 115.00' I O 1 LU I I 5 `-I ^0p W 200.61 a C28 � � I 1 (TIPTON ENG) 1 Y _ w 6 O =� r w 13.6p N O 25'X25' 15 � BLOCK U I I ^ 1 OI �I MI co � ^I5 _S7 W °°O o N N o wI7 8 9.00'8°00'0p�, o o S.V.E. S8911'19"E 115.00' `� 8 m z O °V 'NNMI �^9_9 200.61, L ' C7 L7�120o o Mcol LLI ^00' v 8Wzz0 U I " Z Nl10 11 VE _ _WZrn" soI 59 00 L Z W " 20' g. .01 ' C29 S5 X LO 1 LOO, 25' z 1/2" IRF = N 0 1' I S85°22'25" BLOCK O Z OI W I 12 0 LL ` H S84°00'00" L " NI E S88°18'1YE N89°45'51"E L _ 7 \\ Z v UJ U 1X E 115.00' = I^ w 75.25� 64.42' Z h o z 1 0 d� / ai U N I- 39.82' 20.45' 38.03' 20.45' 38.03' 20.45' ^ I O ar O Ir I I o 1 - 67.76' _ - 47.70' - 16.72' - - - - - 58.48' - 58.48' 38.03' 20.44 38.04' o I 13 ^O/ 1 \ I 21 ((� LL Eb)1 S89°11'19"E 115.00' - U w o a o o ss.as' o I 7 I S89°23'52"E S87°54'07"E S86°24'22"E 58.48' 20.44' -38.04' � Z WI ,_ o I O LO O I m I 7.49' 20.44' 0 14 o I O �i Q S84°54'37" 7 0 o I Z E 58.48' 38.04' 2 o h Z g O N ^ co I o 5' P.W.M.E. S83°24'52^ 58.48' 20.44' 3 o W I 1 '^ I I E 8.04' ° o I / Q o o - 0' J 0_ v N I co w rn o S81°55'07"E 58.48' 20.43' 3 o UJ 15 I I f, (6 1 - Q 0 Ix O 00'00"E 115.00' ^ 0 31 � 30 cur 29 L6 28 0 0 0°25'22"E 58.48' 4 20.60 Z 0 1 ri V i �`.LL S84° 1 I o o S8 8-0 0 0 n W ^ r1 I 1/2"IRF O a- I �) I� 1� 27 It2 26 LO 25 o S78°56'16"E 5 _59.00,� Z 1 N S89°11'19"E 115.00' LU 1 5' P.W.M.E. L.f� - - 22 > O LL z t o a l I� I 8) - w I� 24 0 630 ^ Q r: 6 o I O 00 I t o I 1� I� 23 0 56.00, 59.0p, Z I o I I fO, I N N N O 'C LO O S78° 1 �y� f m U \ co o o N M I I^ 22 6 00'OD"E 56.00, 9.00 1 o Q I 1 10 -- I W I I I 8.49' z o o Io I 21 0 20' B.L. z N N o o I� 56.00 26 1 1 1 7p' S84°44'04"E I I w W 0 _ 65.88' 1: o 8.34' o I v " o N N � � I I S84°00'00"E 114.98' - - - - - - - - - - - - - - - - - - 20' B.L. co N v I I� 20 o v o n _ r" rn o co 64.57' S9.86' 42.22' 16.71' 55.48' - - - - _ ° I� 19 o w v 00 60' I ° C30 - - - 55.48'- 55.48' - ° I^ o I o N S89°11'19"E 115.00' 23 M L- R.O.W, _ _ - LLJ ' 5 ^ C15 25'X25' C32 5.48' 55.48' _ - O v & I^ 18 0 1 o z 1 - I S.V.E. 55.48' o C2 0, �� /^ 17 0 0 0 1 11 4=4°46'24" I 1 Io 25'x25' - - - _ ss= 1 U. �� N o /� 16 1 _ 1 C R=2240.00 I I° s.v.E. _ I 24 1 vI C31 _ _ _ FOREsT� _ _ 64 _ _ 0, o 1 L'36'48 1' S85°44�27"E 114.47' - - - - - - - HAVEN 49• 56 _ u� 20'g- 0 1 �I S89°11'19"E 115.00' 1 61.74 ' V CB=N3°36'48"E I - _ - _ 55.28' 55.28' 59.73 59.73' - C33_ I ---- -- --- 59.73, _ 00' - - C=186.56' v N w 4 I - - _ - - 59.73'_ - 59.73 DRIVE ss. 1 N W o U C� I 20' B.L. -� - 59.73 � _ 0p - _ 10.74' I / x > 12 of " I oo _v I m o n 20' B.L. _ o �00 N cn o 1 0 1 M o o _ 59.73� a rn o _ _ 1 1 I ° 1 �_ _� 3g 04 25 N7g°0p,00" N " " _ 228•04' O I C34 24.10' I m S87°15'26"E 113.93' 1U I ^I 2 �I 3 �I 4 �I 5 �I 6 BLOCK P - = 1.47 �n `O I-- I LL w W w W 7 rn 5� o co o v w1 8 _ ^ 6.0p. S89°11'19"E 115.00' 1/2"IRF I� 1 I o I J fq MI �I III �I wI - _ _ _ N C4- - - _ _ 1 0 3 I 1 1 m m N M _� v 1 o W I 9 ^I _ 56 p0, Q) O1 M O N N O I Cl) 10 O _ L8 I 13 1 LO 1 co Z Z z z Z �* o oI 111 ^I o _ 56.00, LO 10.0' I " Z Z I W 11 o 8.56' C35 X> q °° coo 1 3.24' 6.09' Z col wl 12 0 20'g.L. �35, 46.11' N ai LCDO 1 N LO 26 113.38' 8.94' Z " o o 4.10' 69.99' 59.55' 56.42' 53.18' 11.79' o W / 13 o - - 0 0 1 S89°11'19"E 115.00' N88°27'30"W 173.38' N88°52'07"W 13018' S0.33' 47.48' z �/ - - VICINITY MAP N.T.S. 4 370 368 75 SITE J J m C7 z X LLLL CO LL w ----------- 455 m NORTH GENERAL NOTES: 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3. All proposed lots situated in whole or part within the city's corporate limits comply with the minimum size requirements of the governing zoning district. 4. All common areas to be owned and maintained by the Homeowners Association. 5. All proposed lots shall have a 10-foot Utility Easement adjacent to street right-of-ways. 6. Retaining walls and grade beams on residential lots to be owned and maintained by the Home Owner. 7. All Sight Visibility Easements (SVE) are 25'x25'. 8. According to Community Panel No. 48085CO155J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 9. See Sheet 2 for Lot Area Table. 10. Screen wall to be owned and maintained by the Homeowners Association (HOA). The Private Wall Maintenance Easement (PWME) are provided for HOA maintenance of screening walls. 11. The Private Drainage Easement (PDE) shall be maintained by the Home Owner's Association (HOA). LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE IRF IRON ROD FOUND IRFC IRON ROD FOUND WITH CAP IRSC IRON ROD SET WITH CAP IPF IRON PIPE FOUND NTS NOT TO SCALE FIND. FOUND B.L. BUILDING LINE P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS XS "X" CUT IN CONCRETE SET XF "X" CUT IN CONCRETE FOUND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING D.E. DRAINAGE EASEMENT S.S.E. SANITARY SEWER EASEMENT S.V.E. SIGHT VISIBILITY EASEMENT U.E. UTILITY EASEMENT P.W.M.E. PRIVATE WALL MAINTENANCE EASEMENT P.D.E. PRIVATE DRAINAGE EASEMENT FINAL PLAT AVERY POINTE PHASE 3 44.63' of Lu 14 1 o 14.g ' Z o I BLOCK L, LOTS 1 X, 3-24; BLOCK M, LOTS 1-8; BLOCK N, 41.78' 17.49' Z o/ o/ 15 m 11 14 0 1 o r rc 38.94' 20.34' of ^I 16 I w o q Co 26 S88°32'36"WJ1N__ 4327 W 3,.06, z o M I ILo I 1 LOTS 1-11; BLOCK O, LOTS 1-31; BLOCK P, LOTS 1-16; AND 58.88' 59.67 N87°59'08"W N86o15'11"W 56po' z �o I�, I - - I BLOCK U LOTS 1X 1-15 59.27' 59.27' 56.00, Z m i z S89°11'19"E 115.00' (TIPTON ENG) ' N84°31'13"W N78°00r 56.00, o U 25.0' 125.0' 1 - - O�I w l 0 50' ROW 1 15 I 59.27' N82°47'15"W N79°22'56"W 280.85, 62.11, o 0 27 59.27' N81 °03'17"W 59.27' 13.6 72.g7' 1 I 1/2" IRF - - 59.27' ' I N88°17'35"W 122.98' 1 _ � _ I I CURVE TABLE CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 4'1T52" 2090.00' 154.34' S03°53'04"W 154.30' C19 4°46'29" 2230.00' 185.83' S03°36'46"W 185.78' C2 6°28'24" 1500.00' 169.47' S87°21'35"E 169.38' C20 4°49'57" 2370.05' 199.89' NO3°35'02"E 199.83' C3 12°35'46" 2100.00' 461.68' N84°17'53"W 460.75' C21 10°19'42" 275.00' 49.57' N06°01'02"E 49.51' C4 11'11'19" 300.00' 58.58' S83°35'39"E 58.49' C22 10°19'42" 325.00' 58.59' N06°01'02"E 58.51' C5 6°35'45" 1220.00' 140.44' S87°17'52"E 140.37' C23 6°35'46" 1194.96' 137.57' S87°17'53"E 137.49' C6 12°35'45" 2380.00' 523.22' N84°17'52"W 522.16' C24 6°35'46" 1245.00' 143.33' S87°17'53"E 143.25' C7 11'11'19" 300.00' 58.58' S83°35'39"E 58.49' C25 4°06'27" 2405.00' 172.41' N88°32'30"W 172.37' C8 90,00,001, 35.50' 55.76' S45°51'11"W 50.20' C26 12°35'46" 2355.00' 517.74' N84°17'52"W 516.69' C9 90,00,001, 35.50' 55.76' N44°08'49"W 50.20' C27 5°52'53" 2405.00' 246.88' N82°21'18"W 246.77' C10 10°19'42" 300.00' 54.08' N06°01'02"E 54.01' C28 10'29'44" 275.00' 50.37' S83°14'52"E 50.30' C11 4°44'14" 2380.24' 196.79' N88°13'35"W 196.74' C29 10'36'08" 325.00' 60.14' S83°18'04"E 60.05' C12 7°02'20" 2380.24' 292.42' N82°20'18"W 292.23' C30 6°28'24" 1475.00' 166.64' S87°21'35"E 166.56' C13 0°49'06" 2380.24' 34.00' N78°24'34"W 34.00' C31 6°28'24" 1525.00' 172.29' S87°21'35"E 172.20' C14 4°06'29" 2090.00' 149.85' S03°49'23"W 149.82' C32 12°35'46" 2125.00' 467.17' N84°17'53"W 466.23' C15 0°07'23" 2090.00' 4.49' S05°56'19"W 4.49' C33 12°35'46" 2075.00' 456.18' N84°17'53"W 455.26' C16 3°24'42" 2065.00' 122.96' S03°28'39"W 122.94' C34 11°11'19" 275.00' 53.70' S83°35'39"E 53.62' C17 4'14'01" 2115.00' 156.28' S03°52'59"W 156.24' C35 11'11'19" 325.00' 63.47' S83°35'39"E 63.36' C18 270°00'00" 50.00' 235.62' N39°00'00"W 70.71' LINE TABLE NO. BEARING LENGTH L1 S00°48'41"W 19.95' L2 S88°57'51 "E 50.00' L3 N00°48'41 "E 20.01' L4 S84°00'00"E 25.00' L5 N84°00'00"W 30.34' L6 S11°10'53"W 27.69' L7 S89°1119"E 21.67' L8 N89°1119"W 49.10' L9 S44°10'04"E 22.04' L10 N45°49'56"E 22.74' L11 S89°1119"E 95.65' L12 N17°46'09"E 14.93' L14 N05°59'59"E 19.47' L15 N05°59'59"E 11.89' N89°11'19"W 115.00' 28 1 1/2" IRF 1 29 5/8" IRF 1 1 I 30 1/2" IRFC (TIPTON ENG) r XF r 31 I / r 103 RESIDENTIAL LOTS 2 HOA LOTS 22.645 ACRES SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS JUNE 2016 a M v m 0 N N GENERAL NOTES: OWNER'S CERTIFICATE STATE OF TEXAS § § COUNTY OF COLLIN § WHEREAS LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., is the sole owner of the following described tract of land: BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas, and being a portion of a called 56.738 acre tract of land described in a Special Warranty Deed to Lennar Homes of Texas Land and Construction, Ltd., recorded in Instrument No. 20150206000134500 of the Official Public Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the easterly line of said 56.738 acre tract, same being the northwest corner of Lot 14, Block H and the southwest corner of Hackberry Drive, as created in West Crossing Phase 1, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Volume 2006, Page 22 of the Plat Records of Collin County, Texas; THENCE South 00°48'41" West alongthe easterly line of said 56.738 acre tract and the wester) line of Block H of said West Crossing Phase 1 a Y Y 9 distance of 850.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; THENCE in a westerly, northerly and easterly direction, departing the easterly line of said 56.738 acre tract, the westerly line of said Block H and crossing said 56.738 acre tract, the following: North 89'11'19" West, a distance of 115.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 00°48'41" East, a distance of 14.30 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 88°17'35" West, a distance of 122.98 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 78°00'00" West, a distance of 280.85 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 79°22'56" West, a distance of 59.27 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 81 °03'17" West, a distance of 59.27 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 82°47'15" West, a distance of 59.27 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 84'31'13" West, a distance of 59.27 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 86'15'11" West, a distance of 59.27 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 87°59'08" West, a distance of 59.27 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 89°43'27" West, a distance of 59.67 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; South 88°32'36" West, a distance of 58.88 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 88°52'07" West, a distance of 130.18 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 88°27'30" West, a distance of 173.38 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the point of curvature of a non -tangent curve to the right; Along the arc of said curve to the right, through a central angle of 04°46'24", having a radius of 2,240.00 feet, a chord bearing of North 03°36'48" East, a chord distance of 186.56 feet and an arc length of 186.61 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the point of tangency of said curve; North 06°00'00" East, a distance of 297.90 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 04°49'57", having a radius of 2,360.00 feet, a chord bearing of North 03°35'02" East, a chord distance of 198.99 feet and an arc length of 199.05 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the point of tangency of said curve; North 01'10'03" East, a distance of 65.57 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; South 88°49'57" East, a distance of 254.17 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; South 89°08'49" East, a distance of 823.75 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; South 00°48'41" West, a distance of 19.95 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; South 88°57'51" East, a distance of 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; North 00°48'41" East, a distance of 20.01 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for a corner; South 89°08'49" East, a distance of 115.00 feet to the POINT OF BEGINNING and containing 22.645 acres (986,405 square feet) of land, more or less. LOT TABLE LOT NO. ACRES SQ. FT. BLOCK L LOT I 0.420 18,312 BLOCK L LOT 3 0.151 6,577 BLOCK L LOT 4 0.151 6,567 BLOCK L LOT 5 0.152 6,617 BLOCK L LOT 6 0.148 6,440 BLOCK L LOT 7 0.148 6,440 BLOCK L LOT 8 0.148 6,440 BLOCK L LOT 9 0.148 6,440 BLOCK L LOT 10 0.148 6,440 BLOCK L LOT 11 0.148 6,442 BLOCK L LOT 12 0.149 6,483 BLOCK L LOT 13 0.151 6,596 BLOCK L LOT 14 0.156 6,784 BLOCK L LOT 15 0.191 8,311 BLOCK L LOT 16 0.284 12,351 BLOCK L LOT 17 0.196 8,522 BLOCK L LOT 18 0.200 8,728 BLOCK L LOT 19 0.291 12,694 BLOCK L LOT 20 0.235 10,254 BLOCK L LOT 21 0.193 8,400 BLOCK L LOT 22 0.193 8,400 BLOCK L LOT 23 0.177 7,705 BLOCK L LOT 24 0.161 7,000 BLOCK M LOT 1 0.211 9,179 BLOCK M LOT 2 0.161 7,000 BLOCK M LOT 3 0.161 7,000 BLOCK M LOT 4 0.189 8,250 BLOCK M LOT 5 0.189 8,250 BLOCK M LOT 6 0.161 7,000 BLOCK M LOT 7 0.161 7,000 BLOCK M LOT 8 0.252 10,967 BLOCK N LOT 1 0.243 10,588 BLOCK N LOT 2 0.189 8,253 BLOCK N LOT 3 0.189 8,253 BLOCK N LOT 4 0.189 8,253 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK N LOT 5 0.189 8,253 BLOCK N LOT 6 0.168 7,339 BLOCK N LOT 7 0.169 7,376 BLOCK N LOT 8 0.169 7,379 BLOCK N LOT 9 0.169 7,381 BLOCK N LOT 10 0.170 7,384 BLOCK N LOT 11 0.219 9,522 BLOCK O LOT 1 0.190 8,289 BLOCK O LOT 2 0.163 7,081 BLOCK O LOT 3 0.159 6,935 BLOCK O LOT 4 0.159 6,905 BLOCK O LOT 5 0.159 6,905 BLOCK O LOT 6 0.159 6,905 BLOCK O LOT 7 0.159 6,905 BLOCK O LOT 8 0.159 6,905 BLOCK O LOT 9 0.159 6,905 BLOCK O LOT 10 0.159 6,905 BLOCK O LOT 11 0.158 6,882 BLOCK O LOT 12 0.156 6,785 BLOCK O LOT 13 0.156 6,785 BLOCK O LOT 14 0.156 6,785 BLOCK O LOT 15 0.214 9,317 BLOCK O LOT 16 0.206 8,985 BLOCK O LOT 17 0.148 6,440 BLOCK O LOT 18 0.148 6,440 BLOCK O LOT 19 0.148 6,440 BLOCK O LOT 20 0.148 6,454 BLOCK O LOT 21 0.150 6,545 BLOCK O LOT 22 0.150 6,545 BLOCK O LOT 23 0.150 6,545 BLOCK O LOT 24 0.150 6,545 BLOCK O LOT 25 0.150 6,545 BLOCK O LOT 26 0.150 6,545 BLOCK O LOT 27 0.150 6,545 BLOCK O LOT 28 0.150 6,545 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK O LOT 29 0.153 6,643 BLOCK O LOT 30 0.152 6,629 BLOCK O LOT 31 0.186 8,123 BLOCK P LOT 1 0.195 8,505 BLOCK P LOT 2 0.155 6,744 BLOCK P LOT 3 0.153 6,644 BLOCK P LOT 4 0.154 6,688 BLOCK P LOT 5 0.154 6,688 BLOCK P LOT 6 0.154 6,688 BLOCK P LOT 7 0.154 6,688 BLOCK P LOT 8 0.154 6,688 BLOCK P LOT 9 0.154 6,687 BLOCK P LOT 10 0.154 6,687 BLOCK P LOT 11 0.154 6,723 BLOCK P LOT 12 0.148 6,440 BLOCK P LOT 13 0.148 6,440 BLOCK P LOT 14 0.148 6,440 BLOCK P LOT 15 0.156 6,790 BLOCK P LOT 16 0.207 9,028 BLOCK U LOT 1 0.145 6,316 BLOCK U LOT 1X 0.029 1,279 BLOCK U LOT 2 0.161 7,021 BLOCK U LOT 3 0.145 6,325 BLOCK U LOT 4 0.145 6,325 BLOCK U LOT 5 0.145 6,325 BLOCK U LOT 6 0.145 6,325 BLOCK U LOT 7 0.146 6,377 BLOCK U LOT 8 0.147 6,383 BLOCK U LOT 9 0.148 6,440 BLOCK U LOT 10 0.148 6,440 BLOCK U LOT 11 0.148 6,440 BLOCK U LOT 12 0.148 6,440 BLOCK U LOT 13 0.148 6,440 BLOCK U LOT 14 0.148 6,440 BLOCK U LOT 15 0.148 6,440 OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT ANNA 455 COMMERCIAL, LP, and LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., acting herein by and through their duly authorized officers do hereby adopt this plat designating the hereinabove described property as AVERY POINTE PHASE 3, 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 utilityentities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, 9 9 9 P P p 9� 9, 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 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. The undersigned does covenant and agree that the access easement may be utilized by 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 Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at this the day of 20 ANNA 455 COMMERCIAL, LP, a Texas limited partnership BY: Anna 455 Commercial GP, LLC a Texas limited liability company, General Partner By: Signature Name and Title STATE OF TEXAS § § COUNTY OF § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of Anna 455 Commercial GP, LLC, a Texas limited liability company, General Partner of Anna 455 Commercial, LP, a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this Notary Public in and for the State of Texas Printed Name My Commission Expires day of WITNESS MY HAND at this the LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership BY: Lennar Texas Holding Company, a Texas corporation, its General Partner BY: Signature Name and Title STATE OF § § COUNTY OF § day of 20 20 BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared of Lennar Texas Holding Company, a Texas corporation, General Partner of Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of 120 NOTARY PUBLIC in and for the STATE OF STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. Michael B. Marx Registered Professional Land Surveyor Texas Registration No. 5181 Kimley-Horn and Associates, Inc. 5750 Genesis Court, Suite 200 Frisco, TX 75034 (972) 335-3580 michael.marx@kimley-horn.com STATE OF TEXAS § § COUNTY OF § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this 20 Notary Public in and for the State of Texas Printed Name My Commission Expires day of so�pav "°ec, GIANNA FILIZOLA DE SENA c Notary Public, State of Texas Comm. Expires 11-21-2016 STarE of TE*Py Notary ID 126733000 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3. All proposed lots situated in whole or part within the city's corporate limits comply with the minimum size requirements of the governing zoning district. 4. All common areas to be owned and maintained by the Homeowners Association. 5. All proposed lots shall have a 10-foot Utility Easement adjacent to street right-of-ways. 6. Retaining walls and grade beams on residential lots to be owned and maintained by the Home Owner. 7. All Sight Visibility Easements (SVE) are 25'x25'. 8. According to Community Panel No. 48085CO155J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 9. Screen wall to be owned and maintained by the Homeowners Association (HOA). The Private Wall Maintenance Easement (PWME) are provided for HOA maintenance of screening walls. 10. The Private Drainage Easement (PDE) shall be maintained by the Home Owner's Association (HOA). Approved this day of , 2016 by the City Council of the City of Anna, Texas. Mayor City Secretary FINAL PLAT AVERY POINTE PHASE 3 BLOCK L, LOTS 1 X, 3-24; BLOCK M, LOTS 1-8; BLOCK N, LOTS 1-11; BLOCK O, LOTS 1-31; BLOCK P, LOTS 1-16; AND BLOCK U, LOTS 1 X, 1-15 103 RESIDENTIAL LOTS 2 HOA LOTS 22.645 ACRES SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS JUNE 2016 m w O CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF AVERY POINTE PHASE 3. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Lennar Homes of Texas has submitted an application for approval of a final plat of the Avery Pointe Phase 3 Subdivision; 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 Final Plat The City Council hereby approves the final plat of Avery Pointe Phase 3 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t", day of July, 2016. ATTEST: APPROVED: Carrie Smith, City Secretary Mayor, Mike Crist 0 y€OW HOMETOWN AGENDASUBJECT: Item No.6. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Conduct Public Hearing (2) for Annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract No. 0823. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Resolution 2016-05-176 6/28/2016 Backup Material Location Map 7/5/2016 Backup Material Proposed Service Plan 7/5/2016 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. -Qy (Annexation Dates, Times and Place) A RESOLUTION INSTITUTING ANNEXATION PROCEEDINGS AND SETTING THE DATES, TIMES AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF 32.295 ACRES OF LAND LOCATED IN THE HENRY SMITH SURVEY, ABSTRACT NO. 0823; AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF OF THE CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF PROPERTY WITHIN THE AREA PROPOSED FOR ANNEXATION. WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna, Texas (the "City Council") wishes to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent or contiguous to the present boundaries of the City of Anna, Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 15t Public Hearing — June 28, 2016 at 7:30 p.m. in the City Council Chambers at the Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX 2nd Public Hearing — July 12, 2016 at 7:30 p.m. in the City Council Chambers at the Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX Section 3. The City Council hereby directs the City Manager to prepare a service plan that provides for the extension of full municipal services as required and appropriate for the area shown in Exhibit A. Section 4. The City Council hereby directs the City Manager offer on behalf of the City, to make the Development Agreement, attached hereto as Exhibit B, with the owners of all properties located within the area proposed for annexation, including the owners of any properties that are appraised for property tax purposes as land for agricultural, wildlife management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23, Tax Code). RESOLUTION NO. C90 I& " 0 5 - 11 (C) (Annexation Dates, Times and Place) Page 1 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 24th day of May, 2016. ATTEST: (22 ' f APPROVED: Carrie L. Smith City Secretary , ,�"`"''��.,.Mike Crist ayor OFq a. t •••. e•r.� €�ffJ (/ )' ` • fir} ,� I• • • R i►��t► RESOLUTION NO. •AMD-Q a --I( (Annexation Dates, Times and Place) Page 2 L45 5 WHITE STREET (F.M. 45 m PIN OAK TRAIL w 0 O U y y J � N 6 BLACK OAK COURT a PINE KNOLL WAY a z O O (y w D w O X � ° j w O LL s o CEDAR TRAIL w Of WHITE OAK ROAD R = Q O Q J > O 2� z � r o � U CYPRESS WAY o ¢ RED OAK TRAIL Y O O ov V, SPRUCTAB�� f* CRESTWOOD DRIVE VV O HICKORY TRAIL WILLOW WAY r w w of N F_ _ O CHESTNUT STREET a t- 0 z O -� a y ui w x U MANDARIN WAY ELM STREET d � t- w o z 0 O_ BRIDGEPORT DR. J MULBERRY DRIVE < WHITE PINE TRAIL ROCI DGE R. E WOOD DRIVE BIRCH WOOD ROAD DLLE DOD Q Dk 2 U = s ms t ,BUD DRIVE �O O�_vo* SABLE WOOD DRIVE U w a 'n4 SITE U N W, c CEDAR WOOD TRAIL m 3 0 < j BEAR CREEK ❑R rr SWEET GUM DR. WALNUT WAY ■ . � TAYLOR BLVD ■ EXHIBIT B STATE OF TEXAS COUNTY OF COLLIN CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "Ch") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties" or, each individually, as "Party"; and WHEREAS, the Owner owns a parcel of real properbd(% (the "Property") in Collin County, Texas, commonly described as (insert brief property description); and as shown in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the Term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. IMMUNITY FROM ANNEXATION The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Section 2. OWNER OBLIGATIONS (a) Owner covenants and agrees not to use the Property for any use other than for the Existing Land Uses or for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, without the prior written consent of the City. 1. Existing Land Uses mean the legal uses of the Property in existence as of the Effective Date of this Agreement. (b) Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. (c) Owner covenants and agrees not to construct, or allow to be constructed, any building on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. (d) Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. (e) Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section 2(e), the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section 2(e) or any annexation of the Property completed by the City after the Term of this Agreement. Section 3. CITY REGULATIONS AND PLANNING AUTHORITY Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the uses of the Property authorized under Section 2(a) of this Agreement. Section 4. EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed this Agreement and delivered same to the City. Section 5. TERM (a) The term of this Agreement (the "Term") is three (3) years from the Effective Date. (b) The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this Section 5(c), the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the Owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. TEMPORARY ZONING Property annexed pursuant to this Agreement shall be temporarily classified as SF-E Single Family Residential — Large Lot District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. MISCELLANEOUS PROVISIONS (a) Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, gives written notice of this Agreement to the prospective purchaser or grantee. (b) This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. (c) If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. (d) This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (f) Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. (g) This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (h) This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 2(e) and 5(b) herein. Entered into this day of 2016. Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the _day of 2016, by Philip Sanders, City Manager, City of Anna, Texas. Notary Public, State of Texas Owner 1 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2016, by , Owner 1. Notary Public, State of Texas Owner 2 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2016, by Owner 2. Notary Public, State of Texas Owner 3 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2016, by , Owner 3. Notary Public, State of Texas Owner 4 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the day of 2016 , by . Owner 4. Notary Public, State of Texas WHITE STREET (F.M CEDAR TRAIL CYPRESS WAY TRAIL r 0 O O 3 w J U B E O D R 2 s J ,BUD DRIVE w m m m O C 3 O A m SWEET GUM DR. r w J w r r x CHESTNUT STREET a O r nl= 0 O a PINE TRAIL BIRCH WOOD RDA SABLE WOOD DKIyt CEDAR WOOD TRAIL WALNUT WAY al= I TAYLOR BLVD z J } w ui w x U ELM Sl KttI sl TR. FXHIRIT R ANNEXATION SERVICE PLAN POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. Page 1 of 4 WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines (up to and including the service line connection with the City's main line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the Page 3 of 4 corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. TERM This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4 of 4 y€OW HOMETOWN AGENDASUBJECT: Item No.7. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Maurice Schwanke Exhibits: Yes Conduct a Public Hearing and take action on an ordinance amending PD 127-2004 by changing the zoning standards for Sweetwater Crossing Phase I I from SF-72 (7,200 square feet lots) to SF- 60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy.) and Rosamond Pkwy. SUMMARY: Mr. Alan Hashem, has requested a zoning change to amend PD 127-2004 by changing the development standards for Sweetwater Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots). The property is located near the northeast corner of SH 5 (Powell Pkwy) and Rosamond Pkwy. Planned Development Ordinance number 127-2004 covers the entire Sweetwater Crossing subdivision development. The development standards set forth in the existing Ordinance require that the property be developed consistent with the SF-72 zoning district which requires a minimum lot size of 7,200 square feet. The property owner is requesting that the development standards be amended to allow Phase II of the development to comply with the SF-60 zoning district which would allow 6,000 square foot lots. The table below compares existing and proposed development standards. Existing Zoning Proposed Zoning Lot Size 7,200 sq. ft. 6,000 sq. Lot Coverage 40% 50% Lot width 60 ft. 50 ft. (45' on curve) Lot Depth 120 ft. 120 ft. (95' min.) Front Yard 25 ft. 20 ft. with additional 5' for garages and porte-cocheres Side Yard 10 ft. 5 ft. Corner Side Yard 15 ft. 15 ft. Rear Yard 25 ft. 20 ft. Masonry 90% first Floor Front 80% second Floor Front Cumulative 80% 60% During a special meeting on June 22nd, the Planning and Zoning Commission voted 3 to 2 to recommend that this rezoning request be denied. A vote of three -fourths of the Council Members present, or four votes, whichever is greater, is required to overrule a recommendation of the Commission that a proposed zoning amendment be denied. The public hearing held on June 28 was held open and continued until July 12 at 7:30 p.m. During the interim, Staff was directed to meet with Mr. Hashem and evaluate any alternate proposal that he may wish the Council to consider. STAFF RECOMMENDATION: The City's current Comprehensive Plan recommends that the City move beyond the historical development pattern of largely homogenous small lot neighborhoods, and offer a mix of housing options including and specifically mid -level and higher end single family options (Chapter 3, p. 11). The Plan also suggests a citywide average density for single-family development of three units per gross acre (Chapter 5, p. 17). In order to facilitate these goals, zoning cases for new single developments since the adoption of the Comprehensive Plan in 2010 have generally established the minimum residential lot size at 7,200 square feet with a median average of 8,400 square feet (the new Camden Parc development located just to the north of Sweetwater is an example). Where possible, staff has worked with the owners of existing entitled small -lot developments to increase the overall average lot size within those developments. Examples include Lakeview Estates, Villages of Hurricane Creek, Avery Pointe, Pecan Grove, and Anna Crossing. It is Staff's view that this rezoning request is not consistent with the goals outlined in the Comprehensive Plan, and therefore Staff does not recommend approval of this request. Staff met with Mr. Hashem late Thursday afternoon (July 7th). During our meeting, Mr. Hashem presented and discussed with staff an alternate development plan that would set the minimum lots size at 6,500 square feet. The complete proposal was not available as of the writing of this report. Staff will provide the alternate proposal along with a comparison to the current zoning when it becomes available prior to the Council meeting. ATTACHMENTS: Description i -Application Letter 3 - Zoning Application 6 - Location Map 4- Proposed Ordinance 5 - Ordinance Exhibit Upload Date Type 7/5/201 b Backup Material 7/5/2016 Backup Material 7/5/2016 Backup Material 7/5/2016 Backup Material 7/5/2016 Backup Material May 10, 2016 City of Anna Planning & zoning Department 3223 North Powell Parkway P.O. Box 776 Anna,TX 75409 Letter of Intent: Sweetwater Crossing Phase-ll Dear Sir/Madam: My name is Alan Hashem, the owner of Sweetwater Crossing Planned Development Phase -II (SWC-I1) located at the northeast corner of Hwy 5 and Rosamond Pkwy. I'm submitting this Letter of Intent to rezone SWC-II in accordance with the attached Preliminary Plat. The current property zoning is SF-72 consisting of 20.61 acres of undeveloped land. We kindly request to rezone SWC-II to SF-60 due to the following facts and reasons: 1. Based on the current zoning, it is not feasible to develop SWC-II to meet all new Planning & Zoning requirements such as: a. Remedy and solve all issues pertaining to storm water runoff from both Phases of Sweetwater Planned Development (Phase -I was developed by others in 2006) b. Acquire and purchase an easement for water detention for the entire Development c. Build and maintain the new acquired detention pond d. Setup an HOA to maintain and manage the detention pond and easement e. Improve and upgrade the existing lift station- Install higher capacity pumps, install a backup generator, install diesel fuel tank, install an automatic transfer switch, update exiting control panel, install new capacitors and circuit breakers. 2. Granted the zoning change, we intent not only to meet the above requirements, but also to provide enough capacity at lift station to service the future Elementary School located southeast of our property at no cost to City of Anna or Anna ISD. As an owner/developer, I kindly ask Anna's City Council and P&Z Commission to consider and approve the zoning request. The additional lots will help in offsetting some of the costs associated with the above city requirements, making this project affordable and feasible. This variance is similar to several Planned Developments such as Nothpointe Crossing & Avery Pointe. We believe that by approving the new zoning and plat, the mentioned above requirements, issues and concerns will be accomplished and resolved, avoiding potential liabilities to all parties. This is a win -win for the city of Anna, Sweetwater Crossing current and future residence, all properties effected by water runoff and lift station, Anna ISD and Anna's residence. Finally, we would like to be part of your growing community and participate in future developments and projects. We strive for excellence and integrity. Thank you in advance for your consideration and approval of my request. Sincerely, -d lasil ff,74Aewi- Alan Hashem 469-855-3900 Owner and Developer -Sweetwater Crossing Phase -II CITY OF ANNA `? Application for Zoning Change Please check the appropriate box below to indicate the type of request you are making, and provide all information required to process your request. ® Zonine Chance ❑ Specific Use Permit 0 Planned Development 0 Zoning Verification Letter 0 Zoning Compliance Inspection O Site Plan • NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Fees: Zoning - $300, plus $10 per acre Planned Development -$500, plus S30 per acre Specific Use - $300 plus $10 per acre, Zoning Compliance Inspection - $100 Zoning Verification Letter 4100 Site Plan - S250 one acre or less S300 more than one acre Request Information Location: Anna, Texas *Subdivision. Sweetwater Cossing, Phase -II Lot No. Block No. Size of Request 20.7 Acres Existing Zoning SF-72 Requested Zoning/Use SF-60 *A metes and bounds description must be attached if the request is for: (A) a portion of a platted lot or (B) not a platted lot Applicant/Owner Information Key Contact Alan Hashem Telephone No. 469-855-3900 FAX No, Address 5960 W. Parker Rd.. Suite 278-188 City Plano State TX Zip Code 75093 Email HomesBuilder(faol.co Contacts Status: (check one) ®Owner ❑Representative ❑Tenant ❑Prospective Buyer The owner's signature is required on this application and must be notarized, whether a single owner or a corporation. This is to certify that I/We the undersigned, am/are the sole owner(s) of the property described above on the date of this application, and have read and understood the Disclosure of Interest Form attached to this application, and complete same. Owner please print Alan Hashem signature Address 6000 Mendota Dr. Telephone No. 469-855-3900 FAX No. City Plano State TX Zip Code 75024 Email HamesBuilder(Paol.cam Corporation/Partnership/Owner Aladdin & Jasmine Trading Co. Address 5960 W. Parker Rd., Suite 278-188 Telephone No. 469-855-3900 FAX No. CityPlano State TX Zip Code 75093 Email HomesBuildemftol.com Notary Statement (All Signatures Must Be Notarized) Before a tsV!!��!�y personally appeared _A14,4 T a eJ'1 (owner or agent name) e is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. Given under my hand and seal of office on this ILiay of SEAL ;_'oR...�e Tana Ross ti y My Commission Expires !c In an for the State of Texas. My Commission Expires: '9a a 06/01/2017 CITY OF ANNA DISCLOSURE OF INTERESTS ft n is answer DISCLOSURE QUESTIONS A. Do you believe that a City official* or City employee** may have a conflict of interest in the property or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of interest in the property or application referenced on reverse side. N/A C. State all information upon which you base the belief (use additional paper, if necessary). Please refer to the attached Preliminary Plat and information. I certify that all information provided Is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Anna, Texas, as changes occur. Name of Certifying Person: Alan Hashem Title of Certifying Person: Presid nt Signature of Certifying _P-ers�� *Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of Adjustment members. **City Manager, City Secretary, City Attorney, and all department heads ITE 0 ELM 7 42 12862 CITY OF ANNA, TEXAS ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMEND G CITY' COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCED CHA G T ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PR ING R , REPEALING AND SEVERABILITY CLAUSES; PROVIDING F N EF TIVE E; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $ THE GHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER I S; PRO V G FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previ I e dinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a reques A ("Property") attached hereto and incorpora WHEREAS, said Property, generally being rezoned from P-D (Planned Development (PD) Single Family WHEREAS, the Planning and Anna ("City Council"r10 held the public hea owners and genera vicinity thereof, the amended as set fort 61111Wrty described in Exhibit rposes as if set forth in full; and Fwell and north of Elm Grove, is No. 127-2004) zoning to Planned square feet lots, fission of the City and the City Council of the City of uisite notices by publication and otherwise and have and afforded a full and fair hearing to all property d in and situated in the affected area and in the cluded that the Zoning Ordinance of the City should be ED BY THE CITY COUNCIL OF THE CITY OF ANNA, are incorporated herein by reference for all purposes. Zoning Change oning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and coda as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zo ing of the Property described in Exhibit A from Planned Development 127-2004 to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF-60) Development Standards or less restrictive as set forth below and all unspecified regulations shall conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). 1. PLANNED DEVELOPMENT — PD-60 Residential: 1.1 General Description: The Property identified on the attached Exhibit ' intended accommodate residential and neighborhood convenience developm n the City Anna. The residential uses for the land identified on the C ept shall developed in accordance with the "SF-60 — Single Family Di reguI s of 1 City of Anna Zoning Ordinance as presently exist or as they be aWnnde 1.2 PD-60 Development Standards: _IA Building and Area Requirements: The pertain to residential uses, as outlined ah Minimum Floor Area — unit shall be one thousa me Thin Rrandards shall e PD-60 areas: )or area per dwelling feet. six thousand (6,000) a is Seven Thousand Forty (7,040) case shall more than fifty (50) percent of the total lot combined area of the main buildings and accessory ing Is, spas, decks, patios, driveways, walks and other Inot be included in determining maximum lot coverage. 6 0-g inimum width of any lot shall be fifty (50) feet measured at line, except for lots at the terminus of a cul-de-sac, on a i elbow, an irregular shape or along a curve may have a width of (45) feet at the front building line; provided all other requirements ;tion are fulfilled. Lot Depth — The minimum depth of any lot shall be one hundred and twenty (120) feet, except for lots at the terminus of a cul-de-sac, on a corner, an elbow an irregular shape, or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet; provided all other requirements of this section are fulfilled.. Front Yard — The minimum depth of the front yard shall be twenty (20) feet. Covered drives, garages and porte-cocheres that are architecturally ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) 2 designed as an integral element of the main structure may extend up to five (5) feet from the established front building line into the front yard area. viii. Side Yard —The minimum side yard shall be five (5) feet. The side yard adjacent to a street shall be fifteen (1f) feet. ix. Rear Yard — The minimum depth of the rear yard shall be twjff (20) fe Maximum Building Height — Buildings shall be a maxi (2- 1/2) stories, not to exceed thirty-five (35) fee antennae and other architectural projections not may extend above this height limit. Garages — Garages may be front facin "swing" driveways. Building Materials — All main buildings stucco (if approved by the Anna City exterior wood or similar ma wood as an exterior builds 7iDercen (40) percent of the total ter shall be not less than sixt 60) Conformance to all Except as amende and sections of ti amended. and a ■nimn ent for al teri(3r finish of stone, uric tile, concrete, glass, Od,thereof. The use of to a maximum of forty Primary building exteriors Zoning Ordinance: to any and all applicable articles it presently exist or may be is amended by this Ordinance, development of nply with the requirements of all ordinances, rules na as they exist or may be amended. shall be corrected to reflect the change in zoning described ngs, Repealing and Severability Clauses It is by dewed to be the intention of the City Council that the words, sentences, a phs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be d ed unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect ny 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 ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) 3 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 effectiv t are inconsistent or in conflict with the terms and provisions contained in this ordinan repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denomi unlawful or not, shall be deemed a misdemeanor. Any person co shall be fined in an amount not to exceed $2,000 for each inciden violation exists is considered a separate offense and will be pgai&Ld Publication of the Caption and Effective Date This ordinance shall be effective upon its passage and posting and/or publication, if required by layr authorized and directed to implement such posjW PASSED by the City Council of the City of An ATTESTED: Carrie Smith, City Se Mike Crist, Mayor ORDINANCE NO. (Property rezoned under this ordinance is generally located east of North Powell and north of Elm Grove) Vnion day a ,roval by the Mayor, Secretary is hereby day of June 2016. 4 EXHIBIT "K LEGAL DESCRIPTION 20.61 Acres Being Lots 8-27, Block B, Lots 8-20, Block C, Lots 11-34, Block D, Lots 1-20, Block E, Lots 1-7, Block F and dedicated Right of Way of the Sweetwater Crossing Addition, recorded in Volume R, Page 197 of the Official Public Records of Collin County, Texas, and being situated in the J-C. Brantley Survey, Abstract No. 114, and being in the City of Anna, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 112" iron rod set at the northwest corner of Lot 10, Block ❑ of said Sweetwater Crossing Addition, and being in the east line of White Rock (50' ROW); THENCE: North 00° 48' 29" East, along said Easterly ROW line, a distance of 115.58 feet to a 112" iron rod set for a corner. THENCE-. North 00" 48' 29" East, continuing along said Easterly ROW line, a distance of 50.0 feet to a 112" iron rod set for a corner. THENCE: North 00� 48' 29" East, continuing along said Easterly ROW line, a distance of 357.16 feet to a 112" iron rod set for a corner. THENCE: South 89' 11' 31" East, along said Southerly ROW line, a distance of 10.50 feet to a 112" iron rod set for a corner. THENCE: North 00' 48' 29" East, a distance of 50.00 feet to a 112" iron rod set for a corner. THENCE: North 890 11' 31" West, along said Northerly ROW line, a distance of 17.92 feet to a 112" iron rod found for a corner. THENCE: North 00' 48' 29" East, a distance of 120.0 feet to a 112" iron rod set for a corner, said point being the Northeast corner of Lot 8, Block F of said Sweetwater Crossing Addition. THENCE: South 89' 11' 31" East, a distance of 410.0 feet to a 112" iron rod set for a corner. THENCE: South 89' 1 V 31" East, a distance of 50.0 feet to a 112" iron rod set for a corner. THENCE: South 890 11' 31" East, a distance of 1129.43 feet to a 112" iron rod set for a corner. THENCE-. South 02" 29' 42" West, a distance of 394.06 feet to a 112" iron rod set for a corner, said point being the Northeast corner of Lot 7, Block B of said Sweetwater Crossing Addition. THENCE: North 87' 30' 18" West, a distance of 120.0 feet to a 112" iron rod set for a corner. THENCE: North 870 30' 18" West, a distance of 50.00 feet to a 112" iron rod set for a corner_ THENCE: North 02' 29' 42" East, a distance of 98.93 feet to a 112" iron rod set for a corner. Page 3 of 4 THENCE: North 890 11' 31" West, a distance of 300.54 feet to a 112" iron rod set for a corner THENCE: South 280 39' 30" West, a distance of 588.56 feet to a 112" iron rod set for a corner. THENCE: North 890 21' 14" West, a distance of 120.69 feet to a 112" iron rod found for a corner THENCE: Along the arc of said curve and along said Easterly ROW line, an arc distance of 11.08 feet and chord bearing of South 02' 56' 17" West, a distance of 11.08 feet to a 112" iron rod set for a corner. THENCE: North 89" 17' 41" West, a distance of 50.09 feet to a 112" iron rod set for a corner. THENCE: Along the arc of said curve and along said Easterly ROW line, an arc distance of 113.91 feet and chord bearing of South 160 11' 28" West, a distance of 113.01 feet to a 112" iron rod set for a corner. THENCE: North 890 21` 14" West, a distance of 687.52 feet to the POINT OF BEGINNING and containing 897,876 sq_ feet or 20.61 acres of land more or less. LOUTS NI L S,.LC �D Page 4 of 4 y€OW HOMETOWN AGENDASUBJECT: Item No.8. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: City Manager Exhibits: Yes Conduct a Public Hearing and take Action on an Ordinance amending the Anna City Code Of Ordinances by repealing Part I I I -A (Subdivision Regulations), Article 1, Section 16 (Building Permits Required In The City's Extraterritorial Jurisdiction) SUMMARY: Regulations regarding the issuance of building permits in the City's extra -territorial jurisdiction (ETJ) are outlined in Part I I I -A, Article 1, Section 16 of the Anna City Code (see below). These regulations were adopted under the authority of the laws of the State of Texas, including Chapter 212 of the Texas Local Government Code. Chapter 233 Subchapter F, and Section 214.904 of the Local Government Code also address the authority of cities to adopt a building codes and issue building permits in the ETJ. Section 16. Building Permits Required in the City's Extraterritorial Jurisdiction 16.01 Before construction of any structure proposed to be located in a Subdivision within the City's Extraterritorial Jurisdiction may begin, plans for construction shall be submitted for review by the City or its designated plan reviewer. The plans shall meet the same requirements and are subject to the same standards of review as plans for structures located within the City's corporate limits. 16.02 Fees shall be collected for building permit review and inspections at the same rate charged for structures located within the City's corporate limits. 16.03 Before the issuance of a building permit, the property upon which the proposed structure is planned to be located shall have been Platted in accordance with these Subdivision Regulations as applicable to development in the City's Extraterritorial Jurisdiction. Members of the City Council have asked to consider an Ordinance that would repeal the section of the City's Code that requires building permits in the extraterritorial jurisdiction. Because this Ordinance would amend the City's Subdivision Regulations, a public hearing is required. STAFF RECOMMENDATION: Staff believes that the City has a vested interest in ensuring compliance with building codes within the City's extraterritorial jurisdiction (ETJ). The City currently provides fire protection and other emergency services to properties located in the ETJ. The careful and objective enforcement of the City's building codes can prevent issues related to substandard construction that could require an emergency response from the City. Additionally, land and buildings located in the City's ETJ will ultimately be annexed into the City limits. The interests of the City and future home owners are served by the objective verification of compliance with building codes when buildings are built, regardless of when they were annexed into the City. Absent a city building inspection program, residential construction in the ETJ would be regulated by Chapter 233 Subchapter F of the Texas Local Government Code. These regulations only require a minimum of three (3) inspections in connection with the construction of a new home. Inspectors (hired by the builder or owner) may be selected from individuals with experience or a license in a variety or of related trades or professions, but they are not required to be specialists in any of the construction trades or certified by the International Code Council (ICC) that publishes the standard building codes. The City of Anna residential building inspection program requires a plan review prior to the issuance of a permit and consists of six (6) different inspection groups with over 20 required inspection elements (see sample inspection report). The City's 3rd-party inspectors are all trained specialists in the various construction trades and are licensed by the International Code Council (I CC). Staff believes that the City is better served by retaining the City of Anna building inspection program in the ETJ authorized by Article 1, Section 16 of the Subdivision Regulations, and does not recommend repeal of this section. ATTACHMENTS: Description Upload Date Type Sample Building Inspection Record 6/30/2016 Backup Material Proposed Ordinance 6/30/2016 Ordinance �pV YF9 a tl N Inspection Record Card �828 Project Number: Applicant: 2015-005044 LGI Homes Address/Suite: Project Type: 2213 Mulberry Dr. SFR New package City: Description: Anna, TX 75409 Subdivision/Phase: Oak Hallow Permit Type Permit Number Building Inspection Detail [Inspection Group] Plan Review Plan Review 2015-082 Passed 04/1012015 Contact: Ladarius Harrison Contact Info: (903) 348-3866 Issued 04/21 /2015 Rocco Richardson Issue Permit Passed 04/22/2015 Kelly Clement dergrou Yard Sewer Passed 05/04/2015 Ty Chapman Water Service Plumbing Rough Form Survey [inspection Group] Foundation Pier/ Footing Foundation [Inspection Group] Rough Electric Rough Plumbing Top -Out Mechanical Rough Framing pnspection Group] Utility Release Construction Electric Passed 05/04/2015 Ty Chapman Passed 05/04/2015 Ty Chapman Passed 0510412015 Ty Chapman Passed 06/09/2015 Alan Merritt Passed 0611012015 Alan Merritt Passed 06/09/2015 Alan Merritt Passed 06/10/2015 Alan Merritt Passed 06/09/2015 Alan Merritt Passed 06/10/2015 Alan Merritt Passed 07/06/2015 Ronald Rimmer 100 E 15th St, Suite 630 1000 Jupiter Rd, Suite 800 Fort Worth, TX 76102 Plano, TX 75074 Tel:(877)837-8775 Tel:(800)906-7199 Fax:(877)837-8859 Fax:(800)910-8284 www.bureauveritas.com 6/30/2016 Page 1 of 2 a m m Inspection Record Card ,aZa nspection Group] Final Electric Final Plumbing Final Customer Svc. Insp. Letter Backilow - Test Report Mechanical Final Termite Letter Final Grade Survey Energy Final Test Energy Pre -drywall Building Final s tinGronU UN9ECUENCW Flatwork Electric T-pole :fry of Anna, TX Requirements COMMENTS: Passed 07/17/2015 Alan Merritt Passed 07/21/2015 Warren Sexton Passed 07/17/2015 Alan Merritt NIA 07/17/2015 Alan Merritt Passed 07/21/2015 Warren Sexton Passed 07/17/2015 Alan Merritt Passed 07/17/2015 Alan Merritt Passed 07/1712015 Alan Merritt Passed 07/17/2015 Alan Merritt Passed 07/21/2015 Warren Sexton Passed 06/30/2015 Ronald Rimmer Passed 05/13/2015 Alan Merritt 100 E 15th St, Suite 630 1000 Jupiter Rd, Suite 800 Fort Worth, TX 76102 Plano, TX 75074 6/30/2016 TeL(877)837-8775 TeL(800)906-7199 Fax:(877)837-8859 Fax:(800)910-8284 www,bureauveritas.com Page 2 of 2 CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY REPEALING PART III -A (SUBDIVISION REGULATIONS), ARTICLE 1, SECTION 16 (BUILDING PERMITS REQUIRED IN THE CITY'S EXTRATERRITORIAL JURISDICTION); 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 requiring building permits in the City's extraterritorial jurisdiction (ETJ); and WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend the Anna City Code Of Ordinances by repealing Part III -A (Subdivision Regulations), Article 1, Section 16 (Building Permits Required In The City's Extraterritorial Jurisdiction); 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. Amendments. In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council hereby repeals Part III -A (Subdivision Regulations), Article 1, Section 16 of the Anna City Code of Ordinances, as follows: FEW 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, sentence, 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 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 the 12th day of July, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor y€OW HOMETOWN AGENDASUBJECT: Item No.9. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: City Manager Exhibits: Yes Conduct a Public Hearing and take Action on an Ordinance amending the Anna City Code Of Ordinances by amending Part I I I -A (Subdivision Regulations), Article 1, Section 16 (Building Permits Required In The City's Extraterritorial Jurisdiction) SUMMARY: Regulations regarding the issuance of building permits in the City's extra -territorial jurisdiction (ETJ) are outlined in Part III -A, Article 1, Section 16 of the Anna City Code (see below). These regulations were adopted under the authority of the laws of the State of Texas, including Chapter 212 of the Texas Local Government Code. Chapter 233 Subchapter F, and Section 214.904 of the Local Government Code also address the authority of cities to adopt a building codes and issue building permits in the ETJ. Section 16. Building Permits Required in the City's Extraterritorial Jurisdiction 16.01 Before construction of any structure proposed to be located in a Subdivision within the City's Extraterritorial Jurisdiction may begin, plans for construction shall be submitted for review by the City or its designated plan reviewer. The plans shall meet the same requirements and are subject to the same standards of review as plans for structures located within the City's corporate limits. 16.02 Fees shall be collected for building permit review and inspections at the same rate charged for structures located within the City's corporate limits. 16.03 Before the issuance of a building permit, the property upon which the proposed structure is planned to be located shall have been Platted in accordance with these Subdivision Regulations as applicable to development in the City's Extraterritorial Jurisdiction. Members of the City Council have asked to consider an Ordinance that would set the fee for a residential building permit in the ETJ equal to the City's actual cost for 3rd party review and inspections. Because this Ordinance would amend the City's Subdivision Regulations, a public hearing is required. STAFF RECOMMENDATION: Staff believes that the City is best served by retaining the building inspection program in the ETJ and has no objection to the amendments proposed by the attached Ordinance. ATTACHMENTS: Description Upload Date Type Proposed Ordinance 7/7/2016 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III -A (SUBDIVISION REGULATIONS), ARTICLE 1, SECTION 16 (BUILDING PERMITS REQUIRED IN THE CITY'S EXTRATERRITORIAL JURISDICTION); 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 requiring building permits in the City's extraterritorial jurisdiction (ETJ); and WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend the Anna City Code Of Ordinances by amending Part III -A (Subdivision Regulations), Article 1, Section 16 (Building Permits Required In The City's Extraterritorial Jurisdiction); 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. Amendments. In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council hereby amends Part III -A (Subdivision Regulations), Article 1, Section 16 of the Anna City Code of Ordinances, as follows: Section 16. Building Permits Required in the City's Extraterritorial Jurisdiction 16.01 Submittal of Plans Before construction of any residential structure proposed to be located 4i--a Subdovo within the City's Extraterritorial Jurisdiction may begin, plans for construction shall be submitted for review by the City or its designated plan reviewer. The plans shall meet the same requirements and are subject to the same standards of review as plans for structures located within the City's corporate limits. 16.02 Fees Fees shall be collected for building permit review and inspections at —the same rate charged structures located within the Gity's corporate limits in an amount equal to the City's actual costs for 3rd-party review and inspections. 16.03 Platting Before the issuance of a building permit, the property upon which the proposed structure is planned to be located shall have been Platted in accordance with these Subdivision Regulations as applicable to development in the City's Extraterritorial Jurisdiction. 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, sentence, 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 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 the 12t" day of July, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor y€OW HOMETOWN AGENDASUBJECT: Item No.10. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Tim Gothard Exhibits: Consider/Discuss/Action regarding an appointment to the Anna Fire and Rescue Auxiliary Association Inc. Board of Directors SUMMARY: The Anna Fire Rescue Auxiliary Association is a non-profit organization that was created in 2010 in connection with the formal creation of the City of Anna Fire Department. The Association's primary purpose is to support the operations of the Anna Fire Department. The Association is governed by a five -member Board of Directors. Two of the Board members are recommended by the members of the Association and approved by the full Board, two other members (Directors 3 and 4) are appointed by the City Council, and the fifth member of the Board is the Anna Fire Chief. The position of Director 3 is currently vacant and needs to be filled to serve a two-year term. STAFF RECOMMENDATION: Although not required, the Association is recommending that the Council appoint Chris Kown to serve on the Anna Fire Rescue Auxiliary Association Board in the position of Director 3. Chris has served on the Department since 2014 and is a very dedicated member. He is a certified Texas Firefighter and Paramedic, and works full time for the County E.M.S. provider A.M.R. Chris has agreed to the duties of this position subject to Council approval. Item No.11. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Chief Jenks Exhibits: Resolution AGENDASUBJECT: Consider/Discuss/Action regarding a Resolution approving the FY 2017 Child Abuse -Family Violence Investigator grant application, and naming the City Manager as the City's Authorized Grant Official SUMMARY: The Police Department received official notification from the Governor's Office that we have been awarded the grant that we applied for that would fund a sworn police officer's position. This position will be assigned to specialize in the investigations of Child Abuse and Family Violence cases. The $79,871 per year grant will fund this position for three years and reimburses the city for salary and benefits during the time period. At the conclusion of the grant period, the City would need to fund the full cost of the position. The attached resolution approves the submission of the grant application, and designates the City Manager as the City's grant program Authorized Official. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution ATTACHMENTS: Description Upload Date Type Resoluton for Child Abuse Family Violence Investigator 7/5/2016 Resolution Letter FY 2017 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER: 3076601) FOR THE CHILD ABUSE/FAMILY VIOLENCE INVESTIGATOR PROJECT TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION AND DESIGNATING THE CITY MANAGER AS THE GRANT PROGRAM ATHORIZED OFFICIAL. WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to approve the submission of a Grant Application (Grant Number: 3076601) for the Child Abuse/Family Violence Investigator project to the Office of the Governor, Criminal Justice Division (the "Grant Program"); and, WHEREAS, The City Council of the City of Anna finds it in the best interest of the citizens of the City of Anna that the Child Abuse/Family Violence Investigator Project be operated for the Fiscal Year 2017; and WHEREAS, in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full. 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 Grant Application. The City Council of the City of Anna Texas hereby approves the submission of a Grant Application (Grant Number: 3076601) for the Child Abuse/Family Violence Investigator Project to the Office of the Governor, Criminal Justice Division. Section 3. Designation of Grant Program Official The City Manager is hereby designated as the Grant Program Authorized Official and is authorized to execute all documents and to take all other actions necessary to apply for, accept, reject, alter or terminate the Grant Program on behalf of the City of Anna. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of July 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor Item No.12. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: Chief Jenks Exhibits: Attached Resolution AGENDASUBJECT: Consider/Discuss/Action regarding a Resolution approving the FY 2017 Radio Compliance Upgrade grant application and naming the City Manager as the City's Authorized Grant Official SUMMARY: We have been notified that the City has been awarded a grant that will help with with the costs of upgrading the current police radios. For the benefit of the new council members, the FCC has mandated that all public safety agencies transition to Phase 2 radios by October 2017. Phase 2 refers to P25 requirements and standards for a digital Common Air Interface (CAI) and Time Division Multiple Access (TDMA), which provides one voice channel per 6.25 kHz channel spectrum efficiency. This mandate requires that all of our mobile and portable radios be replaced. At current equipment numbers, the costs to replace/upgrade the Police department's radios is estimated at $122k. The Police Department sought grant funding to try and reduce the impact this upgrade would have on the operating budget and we applied for the maximum amount we could get under a Justice Assistance Grant (JAG), $78,926. The exciting news is that last week we received notification that we will receive this grant in FY 2017. The attached Resolution approves the original submission of the grant application and designates the City Manager as the City's grant program Authorized Official. STAFF RECOMMENDATION: Staff recomends approval of the attached Resolution ATTACHMENTS: Description Upload Date Type Resolution for radio compliance upgrade FY 2017 Resolution Letter CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER: 3102501) FOR THE RADIO COMPLIANCE UPGRADE PROJECT TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION AND DESIGNATING THE CITY MANAGER AS THE GRANT PROGRAM ATHORIZED OFFICIAL. WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to approve the submission of a Grant Application (Grant Number: 3102501) for the Radio Compliance Upgrade Project to the Office of the Governor, Criminal Justice Division (the "Grant Program"); and, WHEREAS, The City Council of the City of Anna finds it in the best interest of the citizens of the City of Anna that the Radio Compliance Upgrade Project be operated for the Fiscal Year 2017; and WHEREAS, in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full. 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 Grant Application. The City Council of the City of Anna Texas hereby approves the submission of a Grant Application (Grant Number: 3102501) for the Radio Compliance Upgrade Project to the Office of the Governor, Criminal Justice Division. Section 3. Designation of Grant Program Official The City Manager is hereby designated as the Grant Program Authorized Official and is authorized to execute all documents and to take all other actions necessary to apply for, accept, reject, alter or terminate the Grant Program on behalf of the City of Anna. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of July 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor VOURi HOMETOWN AGENDASUBJECT: Item No.13. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact. Chief Jenks Exhibits: Resolution Consider/Discuss/Action regarding a Resolution approving the FY 2017 School Resource Officer grant application and designating the City Manager as the City's Authorized Grant Official SUMMARY: Last year the City entered into an agreement with Anna ISD to provide two (2) School Resource Officers (SRO's) to the District for three (3) years. The salary and benefits of one of the SRO positions is funded by Anna ISD, and the City received a grant from the Office of the Governor, Criminal Justice Division for the other position. The City pays for the vehicle, equipment and training for the two SRO positions. The City has been notified by the Governor's Office that the School Resource Officer grant project has been approved for funding in year 2 of the 3-year grant. The attached resolution designates the City Manager as the City's grant program Authorized Official and is a formality of the grant program. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. ATTACHMENTS: Description Upload Date Type SRO Grant Resolution FY 2017 7/5/2016 Resolution Letter CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER: 2921201) FOR THE SCHOOL RESOURCE OFFICER PROJECT TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION AND DESIGNATING THE CITY MANAGER AS THE GRANT PROGRAM ATHORIZED OFFICIAL. WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to approve the submission of a Grant Application (Grant Number: 2921201) for the School Resource Officer Project to the Office of the Governor, Criminal Justice Division (the "Grant Program"); and, WHEREAS, The City Council of the City of Anna finds it in the best interest of the citizens of the City of Anna that the School Resource Officer Project be operated for the Fiscal Year 2017; and WHEREAS, in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full. 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 Grant Application. The City Council of the City of Anna Texas hereby approves the submission of a Grant Application (Grant Number: 2921201) for the School Resource Officer Project to the Office of the Governor, Criminal Justice Division, and seeks to continue this program for Fiscal Year 2017. Section 3. Designation of Grant Program Official The City Manager is hereby designated as the Grant Program Authorized Official and is authorized to execute all documents and to take all other actions necessary to apply for, accept, reject, alter or terminate the Grant Program on behalf of the City of Anna. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of July 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor Item No.14. City Council Agenda Staff Report Meeting Date: 7/12/2016 Staff Contact: City Manager Exhibits: Yes AGENDASUBJECT: Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by Amending Part I I (General Ordinances), Article 50 (Management of Public Rights -of -Way), Section 1 (Definitions) and Section 9 (Location of Utility Structures) SUMMARY: The attached Ordinance provides for the City Council to have exclusive authority to approve any license or franchise for telecommunication antennas or antenna support structures located in public rights -of -way. STAFF RECOMMENDATION: Staff recommends approval of this Ordinance. ATTACHMENTS: Description Upload Date Type Proposed Ordinance 7/8/2016 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II (GENERAL ORDINANCES), ARTICLE 50 (MANAGEMENT OF PUBLIC RIGHTS -OF -WAY), SECTION 1 (DEFINITIONS) AND SECTION 9 (LOCATION OF UTILITY STRUCTURES); 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 regarding management of public rights -of -way; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend the Anna City Code of Ordinances by amending Part II, Article 50, Section 1 and Section 9; 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. Amendments. In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council hereby amends Part 11, Article 50, Section 1, and Section 9 of the Anna City Code of Ordinances, as follows: Section 1. Definitions For the purpose of this article, the following words shall be defined herein below: Antenna, Microwave Reflector & Antenna Support Structure. Antenna means the arrangement of wires or metal rods used in transmission, retransmission and reception of radio, television, electromagnetic or microwave signals, including without limitation Microwave Reflectors and Antennae. Microwave Reflector means an apparatus constructed of solid, open mesh, bar -configured, or perforated materials of any shape or configuration that is used to receive or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave Reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. Antenna Support Structure means any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more Antennae or Microwave Reflectors, including without limitation structures that have a primary or secondary use in addition to supporting one or more Antennae or Microwave Reflectors. Section 9. Location of Utility Structures 9.01 Utility structures not exceeding 20 cubic feet are allowed in the Right -Of -Way or utility easements, subject to available room and located as approved by the Director. The placement of utility structures larger than 20 cubic feet, but not exceeding 30 cubic feet will be reviewed on a case -by -case basis by the Director. Such structures shall not encroach within a sidewalk area, including a vertical clearance of 7.5 feet above the sidewalk or within the sight visibility area. 9.02 Utility structures larger than 30 cubic feet shall be located as close as practical to the back of a public or private utility easement and subject to available room and located as approved by the Director. 9.03 Above -ground Facilities such as pedestals, switching boxes and similar Facilities shall be located no less than three feet from the edge of an alley or the back of street curbs and such that they do not create a physical or visual barrier to vehicles leaving or entering roads, Driveways or alleys. Such Facilities shall not be located in front of residential lots in a manner that creates an unreasonable visual or aesthetic impairment (as determined by the Director) for the property owner. 9.04 The Owner's identity and telephone number shall be placed on all utility structures placed in the Rights -of -Way. 9.05 Notwithstanding anything in this article or other ordinance or regulation, whether or not codified, Antenna, Microwave Reflector & Antenna Support Structures and any part or component thereof are prohibited in Public Rights -of -Way without the express approval of the City Council by Resolution or Ordinance of a franchise agreement or license. Approval of any such facility, franchise agreement, or license is at the sole discretion of the City Council. 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, sentence, 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 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 the 12th day of July, 2016. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor