HomeMy WebLinkAboutRes 2022-05-1174 Cross Point Church Anna DA Self-StorageCITY OF ANNA, TEXAS
RESOLUTION NO. Qoa4,*1?6., L17q
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH CROSS POINT CHURCH ANNA, RELATING TO DEVELOPMENT
AND DESIGN REGULATIONS FOR SELF -STORAGE, MINI -WAREHOUSE
DEVELOPMENT GENERALLY LOCATED ON THE WEST SIDE OF S. POWELL
PARKWAY, 909± FEET WOUTH OF W. WHITE STREET
WHEREAS, Cross Point Church Anna, is the Property Owner of real estate generally located
on the west side of S. Powell Parkway, 909± feet south of W. White Street; and
WHEREAS, Property Owners desire to rezone the subject property to allow a self -storage,
mini -warehouse development; and
WHEREAS, Property Owner has agreed to development and design regulations should
the City approve rezoning the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with Anna Cross Point
Church Anna attached hereto as Exhibit A, and ratifies and approves the City Manager's
execution of the same. The City Manager is hereby authorized to execute all documents
and take all other actions necessary to finalize, act under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 24th day of May 2022.
ATTESTED: APPROVED:
6
1
Carrie L. Land, City Secretary a *tp43ike, Mayor
eoo Qe.
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of May 24,
2022 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and Cross Point Church Anna ("Owner') as follows:
RECITALS
WHEREAS, the Owner is the sole owner of 4.9± acres of real property depicted on Exhibit 1
(the "Property"); and,
WHEREAS, the Property is subject to City Regulations, including without limitation the City's
zoning regulations; and,
WHEREAS, the current zoning classification of the Property is C-2 General Commercial (C-2)
and SF-1 Single -Family Residential District (SF-1) (the "Original Zoning Classification"); and,
WHEREAS, the Owner has applied to rezone the Property to allow for Planned Development-
1-1 Light Industrial (PD-1-1) zoning district to allow for a self -storage, mini -warehouse
development with modified development standards (the "Zoning Change"); and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with
respect to the rezoning of the Property as required by law; and,
WHEREAS, in the event that the Property is rezoned, the City and Owner desire to enter into
a development agreement to establish development and design regulations to ensure that
future self -storage, mini -warehouse development is appropriate for the area and fits in well
with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject
matter specifically set forth herein and shall supersede City Regulations only to the extent
that any such City Regulations directly conflict with the terms of this development agreement;
and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
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SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations
by Owner and the City.
SECTION 2. DEVELOPMENT STANDARDS 1 BUILDING MATERIALS.
A. Development and use of the Property, including, without limitation, the construction,
installation, maintenance, repair, and replacement of all buildings and all other
improvements and facilities of any kind whatsoever on and within the Property, shall be
in compliance with City Regulations unless expressly stated to the contrary in this
Agreement or shown in Exhibit 1. City Regulations shall apply to the development and
use of the Property unless expressly set forth to the contrary in this Agreement. It is
expressly understood and the Parties agree that City Regulations applicable to the
Property and its use and development include but are not limited to City Code
provisions, ordinances, design standards, uniform codes, zoning regulations not
affected by this Agreement, and other policies duly adopted by the City including without
limitation any such regulations or requirements that were affected by the passage of
Texas H.B. 24399 86(R), codified as Chapter 3000 of the Texas Government Code
("Materials and Methods Regulations"), which are collectively incorporated herein as if
set forth in full for all purposes; provided, however, to the extent of any conflict between
the requirements of Materials and Methods Regulations and the requirements of this
Agreement, this Agreement shall control. For purposes of this Agreement, "City
Regulations" mean the City's applicable development regulations in effect on the
Effective Date, including without limitation City Code provisions, ordinances (including,
without limitation, all development fees), design standards, and other policies duly
adopted by the City; provided, however, that as it relates to public infrastructure for any
given phase of the Project, the applicable construction standards (including, without
limitation, uniform building codes) shall be those that the City has duly adopted at the
time of the filing of an application for a preliminary plat for that phase unless
construction has not commenced within two years of approval of such preliminary plat in
which case the construction standards shall be those that the City has duly adopted at
the time that construction commences.
B. With respect to all structures/development within the PD-1-1 Zoning District, Owner
agrees to comply and/or to cause all other persons or entities to comply and any other
successors or assigns to comply with all City Regulations and with the masonry material
requirements and all other requirements of the Anna City Code of Ordinances, Article
9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations,
Subsection (e) Architectural Design Standards, which are incorporated herein as if set
forth in full for all purposes, and with the following standards (in the event of any conflict,
the following listed standards shall govern). Notwithstanding the foregoing, a
Subsequent Owner upon a Closing (as hereinafter defined) must agree in writing to
assume Owner's responsibilities set forth herein. For purposes of this Agreement the
term "Subsequent Owner" means any person or entity that acquires all or any part of
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the Property from Owner or Owner's successor in title to the Property or any part
thereof.
Self -Storage, Mini -Warehouse Buildings
A. Each building fagade facing the right of way may not exceed a length of 160 feet
without a break in the fagade of a minimum depth of 2 feet for a minimum length of
10 feet.
B. A minimum of 2 materials are required on each fagade facing the right of way.
This section only applies to building sections within 200' of the right of way.
C. The two buildings within 200' of the right of way in Exhibit 1 will use only stone,
brick, and/or split face concrete masonry units in the construction of the exterior facade on
the front walls facing the right of way. The three rear self storage buildings will be
constructed from non masonry metal panels.
D. Where the function of an individual business, or the recognized identity of a brand
dictates a specific style, image, or building material associated with that company,
the masonry provision may be modified; however, the development shall maintain
harmony in terms of overall project design and appearance, and such design shall
be subject to approval by the city council after recommendation from the planning
and zoning commission.
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and
will be deemed delivered upon personal service, if hand -delivered, or when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
Attn: City Manager
To Owner: Cross Point Church Anna
926 S. Powell Parkway
Anna, TX 75409
Attn: A Chris Jones
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SECTION 4. DEADLINES, MODIFICATIONS OR TERMINATION.
A. This Agreement may only be modified and/or terminated as follows: (a) by mutual
written agreement of the City and Owner or, after a Closing (as hereinafter defined),
by a Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default
of the Owner or Subsequent Owner. Notwithstanding the foregoing or any other
provision of this Agreement, this Agreement shall terminate and be null and void if the
City does not approve the Zoning Change on or before the 24th day of May 2022.
The parties acknowledge and agree that the rezoning of the Property is a legislative
act and that this Agreement does not bind the City Council to approve any proposed
rezoning of the Property.
B. Owner or any Subsequent Owner shall be obligated under this Agreement to timely
meet the following deadlines:
1. Within 90 days after City Council approval of the Zoning Change, Owner will
have submitted a preliminary plat and tree preservation plan for the Property.
2. Within 180 days after the City has approved the preliminary plat, Owner shall
have submitted a site plan, landscaping plan, lighting plan, final plat (showing
easements, fire lanes and utilities for the self -storage development), and civil
plans.
3. A preconstruction meeting between Owner and City staff shall occur within 60
days of final approval of the civil plans.
4. Site construction pursuant to final approved civil plans must commence within
120 days after the preconstruction meeting and after all permits have been
fully approved
5. Owner must submit plans and specifications for the buildings and other
improvements not part of the civil plans (the "Building Plans") no later than 120
days after civil plans are approved by the City. After the last to occur of (a)
approval of the Building Plans by the City of Anna, (b) completion of all
construction pursuant to civil plans, (c) acceptance of all civil construction and
public improvements by the City of Anna, and (d) recordation of the multi-
family development final replat, Owner must submit an application for a
building permit within 60 days thereafter (including without limitation the
payment of all fees due to the City as required to develop the Property).
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6. Recordation in the Official Records of Collin County, Texas of the self -storage,
mini -warehouse development final plat must occur within 180 days of
commencement of site construction.
7. Vertical construction pursuant to the Building Plans for approved structures
must commence within 60 days after the later to occur of the recordation of the
self -storage, mini -warehouse final plat and obtaining a building permit.
A. Not by way of limitation as to other material terms and conditions, the deadlines
stated above are material terms and conditions of this Agreement and any failure to
meet any of the deadlines above (each, a "Deadline Default") is a material default
under this Agreement. In addition to all other remedies that the City may enforce
under this Agreement or that is available to the City at law or in equity in the event of
a Deadline Default, the City may in its sole discretion initiate and pursue a zoning
case to change the zoning classification back to the Original Zoning Classification. In
the event that the City initiates such a zoning case after a Deadline Default, the
Owner shall not oppose the zoning case and shall be deemed to have fully and
irrevocably released and waived any claim, cause of action, litigation or other
challenge or proceeding to such zoning case on any legal basis or theory
whatsoever.
SECTION 5. DEFAULT.
If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part
thereof fails to comply with any of the material terms and conditions included in this Agreement
(such defaulting owner referenced herein as Defaulting Owner"), the City will have the
following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
permits and certificates of occupancy.
B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each
failure to materially comply with the development standards set forth of this
Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per
day for each day that such failure to comply occurs. The sums of money to be paid
for such failure(s) is not to be considered as a penalty, but shall be deemed, taken
and treated as reasonable liquidated damages that accrue per day that such a failure
shall exist or occur. The said amounts are fixed and agreed upon by the parties
because of the impracticability and extreme difficulty of fixing and ascertaining the
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actual damages the City in such event would sustain; and said amounts are agreed
to be the amounts of damages which the City would sustain. In the event of a
breach that is not timely cured as set forth below, the sum of liquidated damages
shall be calculated to include each and every day of the occurrence of the breach
beginning on the date that the City first provided written notice of such breach under
this paragraph and the City shall not be required to provide any subsequent written
notices as to subsequent dates or times during which such breach is repeated or
continues to occur
C. The non -defaulting party will additionally have any and all remedies available to it at
equity or in law.
Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under
this section unless there is a breach of any material term or condition of this Agreement and
such breach remains uncured after forty-five (45) calendar days following receipt of written
notice from the City provided in accordance with this Agreement describing said breach in
reasonable detail (or, if the cure of the breach has diligently and continuously been
undertaken but reasonably requires more than forty-five (45) calendar days to cure, then
such additional amount of time as is reasonably necessary to effect the cure, as determined
by both Parties mutually and in good faith but in no event shall such additional period
exceed 120 days unless agreed to in writing by the parties to this Agreement).
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective
successors, assigns and personal representatives. This Agreement runs with the land and is
binding on all subsequent owners of the Property or any portions thereof. This section shall
be construed liberally to ensure the Parties' intent that this Agreement shall be enforceable
regardless of any change of ownership of or interest in the Property. Notwithstanding
anything to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a
Subsequent Owner (the "Transferor") conveys, assigns, or transfers its entire interest in the
Property or a part thereof (the "transferred Property") to a Subsequent Owner (the
"Transferee") who assumes Transferor's obligations under this Agreement with respect to
the transferred Property, the Transferor shall be automatically released from its obligations
under this Agreement relating to the transferred Property subsequent to the date of transfer.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT OF
A CLOSING (THE "INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO
RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS
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OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS
AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT
LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT
WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"),
ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE
INDEMNIFYING PARTY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR
OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE
DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR
OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED
UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE
DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND
IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED
BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT
NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING
PARTY SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST
CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE
CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND
THE CITY, THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED
TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING
PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY
FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS,
AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON
CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE EFFECTIVE
DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY
MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF
THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS
AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR Q) THE CITY'S APPROVAL OF
ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO
THE PROPERTY. At no time shall the City have any control over or charge of the design,
construction or installation of any of the improvements to the Property or related work or
undertakings, nor the means, methods, techniques, sequences or procedures utilized for the
design, construction or installation related to same. This Agreement does not create a joint
enterprise or venture between the City and any of the Indemnified Parties. This section shall
survive the termination of this Agreement.
SECTION 8. RECORDATION.
This document, including all Exhibits, may be recorded in the Official Records of Collin
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County, Texas.
SECTION 9. ENTIRE AGREEMENT,
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Owner represents and warrants to the City that the Owner owns the Property and that this
Agreement is binding and enforceable on the Property. Owner may sell the Property or a
part thereof to a person or entity (the "Closing") prior to commencement of site construction
on the property sold, and in such event the Subsequent Owner shall be required to
acknowledge and assume all obligations, liabilities and indemnifications under this
Agreement.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be
excised there from and the invalidity thereof will not affect any of the other provisions
contained herein.
SECTION 13. ESTOPPEL.
On or before 15 days after receipt of a written request from an owner of the Property that
desires to transfer its interest in the Property or borrow money secured by a mortgage or
deed of trust against the Property or a prospective transferee of an owner's interest or an
existing or prospective mortgagee, the City will execute and deliver an estoppel certificate
stating that, to the best of the City's knowledge: (i) the transferring or borrowing owner is
not in default under this Agreement; and (ii) this Agreement is in full force and effect and
whether there are any amendments thereto.
SECTION 14. FORCE MAJEURE.
Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party") to
take an action (other than a payment obligation), the Acting Party will not be liable or
responsible for, and there will be excluded from the computation of any such time period, the
period of time (the "Force Majeure Period") of delays caused by strikes, riots, acts of God,
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pandemic, enemy action, shortages of labor or materials, war, acts of terrorism, flood, fire,
explosion, unavoidable casualty, or any other causes that are beyond the reasonable control of
the Acting Party or any of its employees, agents, or contractors, but not any economic
hardship, changes in market conditions, and insufficiency of funds ("Force Majeure").
However, a date will only be extended by a Force Majeure Period if the Acting Party gives
notice to the other Party of the occurrence or commencement of the event that constitutes
Force Majeure within ten days after the Acting Party knows of the existence or commencement
of such event, and claims (in such notice) that such event constitutes Force Majeure. A Party
that has claimed the right to temporarily suspend its performance under this section shall
provide written reports to the other Party at least once every week detailing: (i) the extent to
which the force majeure event or circumstance continue to prevent the Party's performance;
(ii) all of the measures being employed to regain the ability to perform; and (iii) the projected
date upon which the Party will be able to resume performance, which projected date the
Parties agree and acknowledge is only an estimate and not a binding commitment by the Party
claiming force majeure.
SECTION 15. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[signature page follows]
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CITY OF ANNA
Probe, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the A(A day of May 2022, appeared Jim Proce,
known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same in his capacity as City Manager
of the City of Anna, Texas.
Notary Public, State of Texas
Cross Point Church Anna
By: Q
A Chris Jo! , Crosspoint Church Anna
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
CARRIE L, LAND
* *= My Notary ID # 11419404
^•,IF.oF <�+" Expires February 4, 2023
Before me, the undersigned notary public, on the -L day of May 2022, appeared Chris Jones
known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me and verified under oath that he/she executed the same in
his/her capacity as Pastor of Cross Point Church Anna.
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Notary Pi lie, State of Texas
n��F�' Totary
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Expires
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My Commission Expires
?F�January 13, 2025
101 Page
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CITY OF ANNA, COLLIN COUNTY, TEXAS
MARCH 28.2022