Loading...
HomeMy WebLinkAboutCCpkt2023-07-25AGENDA City Council Work Session Tuesday, July 25, 2023 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet in a Closed Work Session at 5:30 PM, on July 25, 2023, at the Anna Muncipal Complex - Council Chambers, 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.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). Zoning and Related Ordinances. City Regulations. b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 4.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov ) and at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 07/21/2023. Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, July 25, 2023 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on July 25, 2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Reports. 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. 5. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Meeting Minutes for July 11, 2023. (City Secretary Carrie Land) b. Approve the Quarterly Investment report for the Period Ending June 30, 2023. (Finance Director Alan Guard) c. Review Monthly Financial Report for the Month Ending June 30, 2023. (Budget Manager Terri Doby) d. Review Minutes of the June 5, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) e. Approve a Resolution regarding the 455/75 Business Addition, Block A, Lot 4R, Site Plan. (Director of Development Services Ross Altobelli) f. Approve a Resolution regarding the Gateway at Buddy Hayes, Block A, Lot 2R, Replat. (Director of Development Ross Altobelli) g. Approve a Resolution regarding the Gateway at Buddy Hayes, Block A, Lot 2R, Site Pan. (Director of Development Services Ross Altobelli) h. Approve a Resolution regarding the Gateway at Buddy Hayes, Block C, Lot 1R, Replat. (Director of Development Services Ross Altobelli) i. Approve a Resolution regarding the Gateway at Buddy Hayes, Block C, Lot 1R, Site Plan. (Director of Development Services Ross Altobelli) j. Approve a Resolution regarding the Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) k. Approve a Resolution regarding the One Anna Two Addition, Block A, Lots 4R & 5, Preliminary Replat. (Director of Development Services Ross Altobelli) l. Approve a Resolution regarding the S.E. Jenkins Estates, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) m. Approve a Resolution regarding the Skyway Towers Addition, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) n. Approve a Resolution regarding the Zee Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) o. Approve a Resolution regarding the Arden Park Phase 2, Final Plat. (Director of Development Services Ross Altobelli) p. Approve a Resolution regarding the Arden Park Phase 2, Site Plan. (Director of Development Services Ross Altobelli) q. Approve a Resolution regarding an amendment to the Woods at Lindsey Place Development Agreement. (Director of Development Services Ross Altobelli) r. Approve a Resolution adopting a Chapter 380 Agreement with Megatel AnaCapri, LLC. (Director of Economic Development Joey Grisham) s. Approve an Ordinance adopting the 2023 Annual Service Plan Update to the Service and Assessment Plan and Assessment Roll, including the collection for the 2023-2024 annual installments for the Hurricane Creek Public Improvement District (PID). (Director of Economic Development Joey Grisham) t. Approve a Resolution authorizing the City Manager to sign a proposal from Precision Fence to install 421 linear feet of 6ft wrought iron fence and two gates for the Police Department. (CIP Manager Justin Clay) 6. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution entering into a Development Agreement with Anna 31 Retail, LP, to establish development timelines and design regulations for a self-storage, mini-warehouse development on 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street. (Director of Development Services Ross Altobelli) b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street from C-2 General Commercial to Planned Development-C-2 General Commercial to allow for the use of Self-Storage, mini-warehouse with modified development standards. (Director of Development Services Ross Altobelli) c. Consider/Discuss/Action on a Resolution regarding the Anna Retail Addition, Block A, Lot 9, Concept Plan. (Director of Development Services Ross Altobelli) d. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 3.0± acres located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail to allow for a Communications Tower. (Planning Manager Lauren Mecke) e. Consider/Discuss/Action on the Villages of Hurricane Creek - North, Block K, Lot 7X, Site Plan. (Planning Manager Lauren Mecke) f. Conduct a Public Hearing/Consider/Discuss/Act on Amendments to Article 9.07 Tree Preservation of The City of Anna Code of Ordinances, Text Amendment. (Director of Development Services Ross Altobelli) g. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend zoning on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway to allow for a proposed library and existing civic center uses with modified development standards. (Director of Development Services Ross Altobelli) h. Consider/Discuss/Action on a Resolution for Anna Municipal Complex Addition, Block A, Lot 1, Revised Site Plan. (Director of Development Services Ross Altobelli) i. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 0.4± acre located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway from SF-1 Single-Family Residential to C-1 Restricted Commercial to allow for a proposed general office use. (Planner II Salena Tittle) j. Consider/Discuss/Action on the J.A. Greer Addition, Block A, Lot 1, Site Plan. (Planner II Salena Tittle) k. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.017 acres of real property, more or less, and a temporary construction easement providing temporary limited rights on and under 0.001 acres of real property, more or less, as further described in Exhibit A of said resolution with said easements being part of tract of land recorded in Document No. 20110729000793490 of the Official Public Records of Collin County, Texas granted to Sueko Nakama Hoff; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) l. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.066 acres of real property, more or less, as further described in Exhibit A of said resolution with said easement being part of a tract of land located at the address of 2012 S. Powell Pkwy, Anna, Texas, 75409 in Collin County, Texas; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) m. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.100 acres of real property, more or less, as further described in Exhibit A of said resolution with said easement being part of tract of land recorded in Document No. 20181221001551200 of the Official Public Records of Collin County, Texas granted to Steve Malampy and Susan Malampy; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) n. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.430 acres of real property, more or less, said easement being part of tract of land recorded in Document No. 20180427000512810 of the Official Public Records of Collin County, Texas granted to Destination Friendship, LLC, a Louisiana limited liability company; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) o. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.168 acres of real property, more or less, said easement being part of tract of land recorded in Document No. 20190313000263910 of the Official Public Records of Collin County, Texas granted to J. Clayton Kennedy, Trustee of the Kennedy 2012 Investment Trust; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) p. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a contract with Garney Companies, Incorporated, for Construction Manager At Risk Services for the Hurricane Creek Regional Wastewater Treatment Plant Facility. (Interim Assistant City Manager Greg Peters, P.E.) 7. 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). Zoning and Related Ordinances. City Regulations. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). 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. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 9. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 07/20/2023. ________________________________ Carrie L. Land, City Secretary Item No. 5.a. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for July 11, 2023. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2023-07-11 Work Session 2. CCmin2023-07-11 City Council Work Session Meeting Minutes Tuesday, July 11, 2023 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met in a Closed Session at 5:30 PM, on July 11, 2023, at the Anna Municipal Complex - Council Chambers, 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pro Tem Miller called the meeting to order at 5:30 PM. Members Present: Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: Mayor Nate Pike 2. Closed Session (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). Zoning and related ordinances. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Council Member Baker moved to enter closed session. Council Member Carver seconded. Motion carried 6-0. Mayor Pro Tem Miller recessed the meeting at 5:35 PM. Mayor Pro Tem Miller reconvened the meeting at 6:00 PM. 3. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action taken. 4. Adjourn. Mayor Pro Tem Miller adjourned the meeting at 6:00 PM. Approved on the 25th day of July 2023 ________________________________ ATTEST: Mayor Pro Tem Lee Miller ________________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, July 11, 2023 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on July 11, 2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pro Tem Miller called the meeting to order at 6:00 PM. Members Present: Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: Mayor Nate Pike 2. Invocation and Pledge of Allegiance. Pastor Matt Wood led the Invocation and Brody Lawson Pledge of Allegiance. 3. Neighbor Comments. No comments were given. 4. Reports. a. Capital Improvement Plan update for FY23-24. (Interim Assistant City Manager Greg Peters, P.E.) Staff presented the annual update to the Capital Improvement Plan, which 0will be adopted as a part of the FY23-24 budget. The CIP includes capital projects for facilities, parks, roads, and utilities. 5. Work Session. a. Zoning Discussion - Northwest corner of E. Foster Crossing Road and Vail Lane (Director of Development Services Ross Altobelli) The subject property was rezoned on September 11, 2018 to facilitate the development of a mixed use Planned Development that includes both a Residential (SF-72 Single Family District) and Commercial element (C-2 General Commercial). On September 29, 2021, as part of a Planned Development zoning amendment, 8.3 acres of the C-2 zoning district, located at the northeast corner of E. Foster Crossing Road and Vail Lane, was rezoned to facilitate the development of high-quality Multiple Family Residential - High Density (Ord. No. 941-2021), The Anna2050 Future Lane Use Plan identifies this general area as a Professional Campus. Additionally, the land area is located within the Anna Business Center/Corridor which is identified as one of the four Key Centers in Anna. b. Master Thoroughfare Plan Discussion - Persimmon Drive (Interim Assistant City Manager Greg Peters, P.E.) Waters Creek is an active development project in the City of Anna located on the south side of FM 455, on the west side of the existing Oak Hollow Subdivision. The developer of the Waters Creek project provided the City Council with a presentation regarding an update on the project and the scope of construction for Persimmon Drive, a roadway which travels through the development from FM 455 to the Oak Hollow Subdivision. 6. 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. MOTION: Council Member Toten moved to approve consent items a. through g. Council Member Baker seconded. Motion carried 6-0. a. Approve City Council Meeting Minutes for June 27, 2023. (City Secretary Carrie Land) b. Review Diversity and Inclusion Advisory Commission Meeting Minutes from November 1, 2022, January 23, 2023, February 27, 2023, and May 8, 2023. (Kimberly Winarski) c. Approve Resolution Appointing an Assistant Emergency Management Coordinator (Fire Chief Ray Isom) In May of 2019, in accordance with Ordinance No. 581-2012, the City recommended Fire Chief Ray Isom to be appointed by the City Council to serve as the City's Emergency Management Coordinator. This was passed on May 28, 2019 by Resolution 2019-05-575. At that time, Assistant Fire Chief Dan Wood, was listed as the Assistant Emergency Management Coordinator. Fire Chief Ray Isom, in consultation with the Interim City Manager, Ryan Henderson, appoint Assistant Fire Chief Thomas Brown as the Assistant Emergency Management Coordinator. The Texas Department of Emergency Management (TDEM) requires TDEM-147 form to be updated each year. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPOINTING AN ASSISTANT EMERGENCY MANAGEMENT COORDINATOR. d. Approve a Resolution Authorizing the City Manager to Execute an Updated Interlocal Agreement for Emergency Dispatch Services between Collin County and the Anna Fire Department (Fire Chief Ray Isom) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE RENEWAL OF THE INTERLOCAL DISPATCH SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS e. Approve a Resolution Amending the Participation from Texas Health Benefits Pool to Blue Cross Blue Shield for City Employees Health Benefits. (Director of Human Resources Stephanie Beitelschies) The City of Anna received a substantial renewal rate increase of 35% from Texas Health Benefits Pool for the upcoming fiscal year. Recognizing that such a significant increase is not sustainable for our organization, we have engaged the services of our benefits consultants, Brinson Benefits, to explore alternative options and ensure the best possible health benefits for our employees. Brinson Benefits has assisted city staff in bidding the health benefit market, determining the best options available for benefits coverage for our employees and ensuring coverage is cost effective and providing the same or better service. By seeking alternative options through a bidding process, we were able secure a more cost-effective health benefits solution with Blue Cross Blue Shield that aligns with our financial capabilities. Blue Cross Blue Shield is currently the health coverage provider for Texas Health Benefits Pool. The transition to Blue Cross Blue Shield will have minimal to no impact on our employees currently covered on the Texas Health Benefit Pool health plan. Voluntary short- term and long-term disability, and basic and voluntary (additional) life coverage will now be with Guardian. Dental and vision coverage will remain with Guardian. Staff recommends City Council approve the resolution amending the participation for City Employees Health Benefits from Texas Health Benefits Pool to Blue Cross Blue Shield. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION BY THE CITY OF ANNA IN A BLUE CROSS AND BLUE SHIELD AND GUARDIAN AS A PART OF THE CITY’S HEALTH INSURANCE BENEFIT PACKAGE AND PROVIDING FOR AN EFFECTIVE DATE. f. Approve an Ordinance adopting the 2023 Annual Service Plan Update to the Service and Assessment Plan and Assessment Roll, including the collection for the 2023-2024 annual installments for the AnaCapri Public Improvement District (PID). (Director of Economic Development Joey Grisham) The District was created pursuant to the PID Act by Resolution No. 2022- 04-1140 on April 12, 2022, by the City Council to finance certain Authorized Improvements for the benefit of the property in the District. On September 13, 2022, the City Council approved Ordinance No. 1001-2022 which approved the SAP for the District and levied Assessments to finance the Authorized Improvements to be constructed for the benefit of the Assessed Property within the District. The Service and Assessment Plan (SAP) sets forth the costs of the Authorized Improvements, and the manner of assessing the property in the District for the costs of such Authorized Improvements based on the benefit provided to the Assessed Property. Pursuant to the PID Act, the SAP must be reviewed and updated annually. This document is the Annual Service Plan Update for 2023.The City Council also adopted an Assessment Roll identifying the Assessments on each Lot within the District, based on the method of assessment identified in the SAP. This 2023 Annual Service Plan Update also updates the Assessment Roll for 2023. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE 2023 ANNUAL SERVICE PLAN UPDATE TO THE SERVICE AND ASSESSMENT PLAN, INCLUDING THE ASSESSMENT ROLL, FOR THE ANACAPRI PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. g. Approve an Ordinance adopting the 2023 Annual Service Plan Update to the Service and Assessment Plan and Assessment Roll, including the collection for the 2023-2024 annual installments for the Sherley Tract Public Improvement District (PID). (Director of Economic Development Joey Grisham) The District was created pursuant to the PID Act by Resolution No. 2020- 12-839 on December 8, 2020, by the City Council to finance certain Authorized Improvements for the benefit of the property in the District. On July 27, 2021, the City Council approved Ordinance No. 925-2021 which approved the SAP for the District and levied Assessments to finance the Authorized Improvements to be constructed for the benefit of the Assessed Property within the District. The SAP sets forth the costs of the Authorized Improvements, the indebtedness to be incurred for such Authorized Improvements, and the manner of assessing the property in the District for the costs of such Authorized Improvements based on the benefit provided to the Assessed Property. On July 26, 2022, the City Council approved the 2022 Annual Service Plan Update for the District by Ordinance No. 986-2022, which updated the Assessment Roll for 2022. Pursuant to the PID Act, the SAP must be reviewed and updated annually. This document is the 2023 Annual Service Plan Update. This 2023 Annual Service Plan Update also updates the Assessment Rolls for 2023. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE 2023 ANNUAL SERVICE PLAN UPDATE TO THE SERVICE AND ASSESSMENT PLAN, INCLUDING THE ASSESSMENT ROLL, FOR THE SHERLEY TRACT PUBLIC IMPROVEMENT DISTRICT NO. 2 IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. 7. Items For Individual Consideration. a. Consider/Discuss/Action on a request to amend building material standards for multiple-family residence buildings per Resolution 2020-11-813A. (Director of Development Services Ross Altobelli) DHI Communities, a D.R. Horton Company, is requesting to amend the multiple-family residence building material requirements that were established within a Development Agreement (Res. 2020-11-813A) as part of the zoning for The Woods at Lindsey Place. The adopted building material requirements for multiple-family residence buildings were for typical mid-rise multiple-family residence buildings. The applicant is proposing to construct a one and two-story "casita" product that will consist of individual units with one, two, and three bedrooms. MOTION: Council Member Atchley moved to approve. Council Member Baker seconded. Motion carried 5-1. Council Member Toten opposed. b. Consider/Discuss/Action on a Resolution regarding One Anna Two Addition, Block A, Lot 4R, Building Elevations (Director of Development Services Ross Altobelli) Hotel on one lot on 3.0± acres located on the east side of Standridge Boulevard, 1,040± feet north of Suzie Lane. On December 13, 2022 as part of a zoning request to allow for a Specific Use Permit to allow for a motor hotel the applicant entered into a Development Agreement that included development standards associated with proposed building materials and construction timelines. The applicant is requesting that the building materials proposed for the three-story hotel be those that are typically recognized with the hotel brand and maintain the specific type, image, and building materials associated with the Wyndam Garden brand. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ONE ANNA TWO ADDITION, BLOCK A, LOTS 4R, BUILDING MATERIALS. MOTION: Council Member Toten moved to approve. Council Member Cain seconded. Motion carried 6-0. c. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a contract for landscape services with Zodega Landscape Services, LLC. (Interim Assistant City Manager Greg Peters, P.E.) The City of Anna is responsible for mowing and maintaining many areas of public right-of-way and public works facility grounds in the community. It is important to maintain a professional appearance for the public right-of-way and city properties. Contract mowing is the most cost-effective way to properly perform this work, as it requires less city staff and city owned/maintained equipment. The City of Anna is at the end of the active contract for mowing and landscaping services. In order to properly meet the growing responsibilities of mowing and maintaining public right-of-way and facility grounds, the City publicly advertised a bid for these services. The City held a non-mandatory pre-bid meeting on May 24, 2023. The City opened bids on June 8, 2023. Two bids were received. The lowest qualified bid was received from Zodega Landscape Services, LLC, dba Texas Seasons. Staff has reviewed the bids and the references and qualifications of Zodega and is recommending the City to enter into a contract for mowing and landscaping services. The bid is on a per-acre basis for all of the areas identified by staff for the contract. The bid includes the following scope or services: Base Bid: $52,211.75. Mowing medians and right-of-way of the major City Roads and FM 455. Bed maintenance for flower/landscape beds in the median. (26x/yr) Alternate Bid 1: $36,504.00. Mowing of US 75 frontage roads and SH 5 (6x/yr) Alternate Bid 2: $14,465.63. Mowing of County Road Right-of-way which is within City responsibility (4-6x/yr) Alternate Bid 3: $16,043.04 Mowing of Public Works Facilities (Water/Sewer Sites, 24x/yr) Staff is proposing to fund the Base Bid and Bid Alternates 2 and 3. Staff is not proposing to fund Bid Alternate 1, as TxDOT has changed contractors and their maintenance of US 75 appears to be improving. However, if the Council wants to fund the TxDOT mowing portion, an additional $37,000 of funding is recommended to be added to the proposed budget. The proposed budget is $84,000 for the next 12 months, which will begin on August 1, 2023, and run until July 31, 2024. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING A CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES TO ZODEGA LANDSCAPE SERVICES, LLC, IN THE AMOUNT NOT TO EXCEED EIGHTY-FOUR THOUSAND DOLLARS AND ZERO CENTS ($84,000.00), IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Toten seconded. Motion carried 6-0. 8. Closed Session (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). Zoning and related ordinances. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Council Member Carver moved to enter closed session. Council Member Toten seconded. Motion carried 6-0. Mayor Pro Tem Miller recessed the meeting at 8:21 PM. Mayor Pro Tem Miller reconvened the meeting at 9:09 PM. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action taken. 10. Adjourn. Mayor Pro Tem Miller adjourned the meeting at 9:09 PM. ATTEST: Approved on the 25th day of July 2023 ______________________________ Mayor Pro Tem Lee Miller ______________________________ City Secretary Carrie L. Land Item No. 5.b. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Alan Guard AGENDA ITEM: Approve the Quarterly Investment report for the Period Ending June 30, 2023. (Finance Director Alan Guard) SUMMARY: In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required to submit a quarterly report on the investments of all public funds held by the City. The report includes: • Review of the City's holdings. • Comparison of book vs. market value. • Allocation information by fund. • Charts showing historical activity. The City's portfolio as of the quarter ending June 30, 2023 earned an average yield of 4.54%. The total fiscal year-to-date interest earned is $5,093,668. FINANCIAL IMPACT: $2,069,998 of interest earnings this quarter. $5,093,668 YTD through three quarters of the fiscal year. BACKGROUND: The City invests funds in several types of instruments including savings and checking accounts, Money Market accounts, Certificates of Deposits, and Government Pool funds. Institutions include Independent Financial, Simmons Bank, TexPool and Texas CLASSS. Finance staff has begun working with Valley View Consulting to develop a strategy to maximize current interest rates while maintaining a high degree of safety and sufficient liquidity to fund on-going operations. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Quarterly Investment Report for the Period Ending June 30 2023 Item No. 5.c. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Terri Doby AGENDA ITEM: Review Monthly Financial Report for the Month Ending June 30, 2023. (Budget Manager Terri Doby) SUMMARY: The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2023 through June 30, 2023. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. FINANCIAL IMPACT: Information only. BACKGROUND: The FY2023 Budget was adopted on September 13, 2022. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2023 City Council Monthly Financial Report June Positive Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative Negative variance of >5% compared to historical trends FY2023 FY2023 % Budget YTD REVENUES General Fund Property Taxes 9,418,264$ 9,867,522$ 104.8%Property taxes are collected in January and February. Sales Tax 4,293,100 2,721,259 63.4%Remitted from the Comptroller with lag time of 30 - 60 days; Includes eight months of remittances. Franchise and Local Taxes 825,000 174,728 21.2%Payments are generally quarterly. Charges for Services 273,000 762,878 279.4% Fines 300,000 281,784 93.9% Permits, Licenses and Fees 4,305,000 3,594,499 83.5% Investment Income 50,000 484,149 968.3% Other Revenues 16,300 86,094 528.2% Revenue Total 19,480,664$ 17,972,913$ 92.3%With 75.0% of the year expired, revenues recorded are at 92.3% of budget. EXPENDITURES General Fund Expense Total 19,438,379$ 13,669,268$ 70.3%With 75.0% of the year expired, expenses are 70.3% of budget. . Utility Fund REVENUES Water Sales 6,510,000$ 5,763,096$ 88.5% Wastewater Charges 5,640,263 4,140,743 73.4% Sanitation Revenue 1,760,000 1,747,238 99.3% Other Charges for Services 802,000 660,162 82.3% Permits, Licenses and Fees 461,000 1,062,510 230.5% Investment Income 20,000 255,237 1276.2% Other Revenues 7,200 1,335 18.5% Utility Fund Total 15,200,463$ 13,630,321$ 89.7%With 75.0% of the year expired, revenues recorded in the General Ledger are at 89.7% of budget. EXPENDITURES Utility Fund Expense Total 14,425,479$ 13,156,328$ 91.2% With 75.0% of the year expired, expenses are 91.2% of budget, the result of increased revenues, the first of two yearly debt service payments, and issues of timing. CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through June 30, 2023 Favorable / Unfavorable % Change 2022-23 Collections from 2021-22 Collections Monthly Prior Year Monthly October 522,386$ 25.2% 417,343$ November 542,873 12.3% 483,556 December 622,388 12.7% 552,138 January 454,358 4.4% 435,037 February 463,016 11.3% 416,044 March 605,483 3.7% 583,700 April 551,653 11.6% 494,472 May 591,858 15.8% 511,309 June 583,874 July 570,950 August 533,224 September 575,011 4,354,015$ 6,156,658$ Budget: 6,753,000 64.5% 4,300,000 CITY OF ANNA Schedule of Sales Tax Collections For the month May 31, 2023 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 Monthly Sales Tax Collections: 3 Year Comparison FY2020-21 FY2021-22 FY2022-23 Fiscal Year 2022-23 Fiscal Year 2021-22 Monthly Monthly October 1 85 November 39 81 December 17 52 January 16 105 February 32 57 March 129 285 April 124 101 May 72 43 June 81 July 19 August 131 September 31 430 1,071 % Budget FY2023 Budget: 1,100 39.1% CITY OF ANNA Building Permits Issued Thru the month May 31, 2023 0 50 100 150 200 250 300 Monthly Building Permits Received: 2 Year Comparison FY2022-23 FY2021-22 Item No. 5.d. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Review Minutes of the June 5, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) SUMMARY: Minutes from the June 5, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: . STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 06-05-2023 PZ Minutes (Signed) Item No. 5.e. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the 455/75 Business Addition, Block A, Lot 4R, Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Restaurant on one lot on 1.0± acre located on the west side of U.S. Highway 75, 455± feet south of W. White Street. Zoned C-2 General Commercial (C-2). The purpose of the Site Plan is to show the proposed restaurant site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. 455-75 Business Addition, Block A, Lot 4R Locator Map 2. RESOLUTION - (SP) 455-75 Business Addition, Block A, Lot 4R 3. Exhibit A (STAMPED) - (SP) 455-75 Business Addition, Block A, Lot 4R S CENTRAL EXPYW WHITE ST US HIGHWAY 75Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 200 400100 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - 455-75 Business Addition, Block A, Lot 4 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING 455/75 BUSINESS ADDITION, BLOCK A, LOT 4R, SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Shree Anna Realty Corp has submitted an application for the approval of 455/75 Business Addition, Block A, Lot 4R, Site Plan; and 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 455/75 Business Addition, Block A, Lot 4R, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike WW WSSSSSS SS SS SS SS SS SS SS SS SS WWW WWWW WFIBER OPTIC UV ELEC. TRANSFORMER TPED FIBER OPTIC RIM=721.1' BOL BOL 40" METAL POST (BILLBOARD)EX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTREX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX SSEX SSFH LP LP LP LP 724 726725723 722 721 722 721 722 723724724724725726727728727726SS FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANE10.0' UTILITY EASEMENT U.S. HIGHWAY 75SOUTH BOUND SERVICE ROAD(VARIABLE WIDTH ROW AS SHOW ON VOL. 2022, PG. 354, P.R.C.C.T.)LOT 4R, BLOCK A RETAIL/RESTAURANT 4,900 SQ. FT. 24'/1-STORY 1 ACRE (43,560 SF) AFFI ADDITION LOT 1-R-1, BLOCK A VOL. 2012, PG. 17 P.R.C.C.T. 455/75 BUSINESS ADDITION LOT 1R, BLOCK A VOL. 2022, PG. 354 P.R.C.C.T.S3°11'45"E176.64'S88°47'30"W 58.12'S1°12'30"E43.52'S88°47'30"W 153.79'N1°12'30"W220.05'N88°47'30"E 205.78' 455/75 BUSINESS ADDITION LOT 1R, BLOCK A VOL. 2022, PG. 354 P.R.C.C.T. 725 726 723 724 721 722 723 724 725 725 7 2 6 72 7 726 726 725726725 725 0.34 exposed slab 0.17exposed slab 0.26 exposed slab 11.2'56.6'25.1' 23.5'31.9'22.0'80.1'6.6'10.0'20.0'9.0'20.0'24.0'20.0'20.0'24.0'20.0' 22.2' 2 EXISTING PARKING SPACES 4 EXISTING PARKING SPACES 13 EXISTING PARKING SPACES 3 EXISTINGPARKING SPACES52.9' 20.0'9.0'7.4'3.6'20.0' LANDSCAPE BUFFER 9.0' 9.0' 50.0' FRONT BUILDING SETBACK 10.0' REAR BLDG. SETBACK 13 EXISTING PARKING SPACES 5.0' SIDE BLDG. SETBACK 5.0' SIDE BLDG. SETBACK 9 PROPOSED PARKING SPACES 7 PROPOSED PARKING SPACES 6 PROPOSEDPARKING SPACES17 PROPOSEDPARKING SPACES50.0' FRONT BUILDING SETBA C KR30'R2 5'R50'R50'N01° 12' 30.00"W17.000N88° 47' 30.00"E 3.314 EX. SANITARY SEWER MANHOLE EX. STORM SEWER INLET PROP. DUMPSTER ENCLOSURE (REFER TO ARCH. PLANS FOR DETAILS) CONNECT TO EX. PAVEMENT CONNECT TO EX. PAVEMENT PROP. SANITARY SEWER MANHOLE PROP. SANITARY SEWER MANHOLE EXISTING CURB LINE PROP. FDC PROP. BFR EXISTING OVERHEAD BILLBOARD EX. 8" WATERLINE EX. 8" SS LINE ORDER BOARD PROP. 8" SS PROP. 8" SS (PRIVATE) PROP. 8" FIRE LINE PROP. 1" (IRRG.) WATER LINE PROP. 2" (DOM.) WATER LINE EX. 30" RCP STORM DRAIN EX. 24" RCP STORM DRAIN PICK UP WINDOW R 2 0 ' R 20'R2 0 'R20'18.8'16.5'22.0'1.8'11.0'ESCAPELANE11.0'DRIVE-THRULANE74.2'101.3'20.0'24.7'PROP. 7' CURB CUT R 3 0 'R72'LEGEND C3.0 FILENAME: C3.0 SITE PLAN_DDN23001.dwgPLOTTED BY: Stacey PeralesFULL PATH: K:\Jobs\DDN23001_Anna Dunkin\Drawings\02_ENGR\03 - ProductionK:\Jobs\DDN23001_Anna Dunkin\Drawings\02_ENGR\03 - Production\C3.0 SITE PLAN_DDN23001PLOTTED DATE: 7/5/2023SITE BENCHMARKS BM NO. 1 THE SITE BENCHMARK IS AN "X" CUT SET WITH BOX ON TOP OF THE BACK OF CURB AT THE NORTHWEST CORNER OF A PARKING STALL IN THE WEST LINE OF U.S. HIGHWAY 75 SOUTHBOUND SERVICE ROAD, BEING LOCATED APPROXIMATELY 680 FEET SOUTHEAST FROM THE INTERSECTION OF U.S. HIGHWAY 75 SOUTHBOUND SERVICE ROAD AND FM 455. ELEVATION =727.66' (NAD '83) BM NO. 2 THE SITE BENCHMARK IS AN "X" CUT SET WITH BOX AT THE NORTHEAST CORNER OF A CONCRETE PARKING STALL NEAR THE NORTHEAST CORNER OF THE SITE AND BEING LOCATED APPROXIMATELY 453 FEET SOUTHWEST FROM THE INTERSECTION OF US HIGHWAY 75 SOUTHBOUND SERVICE ROAD AND FM 455. ELEVATION = 723.74' (NAD '83) SHEET:REV:DATE:DESCRIPTION:DUNKIN' DONUTS455/75 BUSINESS ADDITIONLOT 4R, BLOCK ACITY OF ANNACOLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 TEXAS FIRM NO. 15874 JOB NUMBER: ISSUE DATE: DDN23001_ANNA DUNKIN 7/5/2023 E N G I N E E R I N G P R E L I M I N A R Y F O R R E V I E W O N L Y T H E S E D O C U M E N T S A R E F O R D E S I G N R E V I E W O N L Y A N D N O T I N T E N D E D F O R T H E P U R P O S E S O F C O N S T R U C T I O N , B I D D I N G O R P E R M I T . T H E Y W E R E P R E P A R E D B Y, OR UND ER T H E S UPE R VIS IO N OF : P.E.# 138653 SHAWN T. WALDO DATE: July 5, 2023 PRESTIGE DEVELOPMENT SOLUTIONS 5115 SHORELINE DRIVE FRISCO, TEXAS 75034 PHONE: (626) 712 - 5754 SITE PLAN DATA TABLE EXISTING ZONING C-2 PROPOSED ZONING C-2 LOT AREA (SF) / (ACRES)43560 / 1.00 TOTAL BUILDING AREA (SF)4,900 BUILDING HEIGHT 24'-0" (1 STORY) BUILDING LOT COVERAGE (%) / FLOOR AREA RATIO 11.2% / 0.112:1 SITE PLAN 455/75 BUSINESS ADDITION LOT 4R, BLOCK A 1.00 ACRE/ 43,560 SF (VOL. 2022, PG 354 P.R.C.C.T.) CITY OF ANNA, COLLIN COUNTY, TEXAS PREPARATION DATE: 06/07/2023 OWNER/APPLICANT PRESTIGE DEVELOPMENT SOLUTIONS 5115 SHORELINE DRIVE FRISCO, TEXAS 75034 PH: (626) 712 - 5754 CONTACT:ANDREW J. ACEDO LANDSCAPE ARCHITECT LONDON LANDSCAPES P.O. BOX 28 COLLINSVILLE, TEXAS 76233 PH: 972-800-6676 CONTACT: AMY LONDON, RLA ENGINEER KIRKMAN ENGINEERING, LLC 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-488-4960 CONTACT: SHAWN WALDO, PE SURVEYOR BARTON CHAPA SURVEYING 5200 STATE HIGHWAY 121 COLLEYVILLE, TX 76034 PH: 817-864-1957 CONTACT: JACK BARTON, RPLS WATER METER SCHEDULE SYMBOL QUANTITY DESCRIPTION 1 1 PROPOSED 2" METER (DOMESTIC) 2 1 PROPOSED 1" METER (IRRIGATION) SITE PLAN NOTE TO CONTRACTOR THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION. GRAPHIC SCALE FEET04020 SCALE: 1" = 20' LAYOUT & DIMENSIONAL CONTROL NOTES: 1.BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS. 2.DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING DIMENSIONS SHOWN ARE TO FACE OF CURB. 3.CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL BE 3' AT FACE OF CURB. 4.BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS. 5.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND COORDINATES PRIOR TO CONSTRUCTION. 6.ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE. 7.REFER TO SHEET(S) C10.0 FOR SITE DETAILS. PARKING DATA TABLE RETAIL PARKING REQUIREMENT 4 SPACE PER 1,000 SF RESTAURANT PARKING REQUIREMENT 10 SPACE PER 1,000 SF PORTION OF BUILDING RETAIL 63% /4,900 SF PORTION OF BUILDING RESTAURANT 37% /4,900 SF RETAIL PARKING SPACES REQUIRED 13 SPACES RESTAURANT PARKING SPACES REQUIRED 18 SPACES TOTAL PARKING SPACES REQUIRED 31 SPACES TOTAL PARKING SPACES PROVIDED 39 SPACES REQUIRED ADA PARKING 2 SPACES (1 VAN) PROVIDED ADA PARKING 2 SPACES (1 VAN) Know what's below. before you dig.Call R PROPOSED FIRE LANE STRIPING PROPOSED SANITARY SEWER PROPOSED WATER LINE PROPOSED SANITARY MANHOLE PROPOSED WATER METER PROPOSED FDC PROPOSED FIRELANE PROPERTY BOUNDARY SS SS 2 LANDSCAPE AREA (INCLUDING TURF AREAS) REQUIRED INTERNAL LANDSCAPE AREA (SQUARE FEET- 8 SF PER PARKING SPACE)336 SF ADDITIONAL INTERIOR LANDSCAPE AREA PROVIDED (SQUARE FEET)8,364 SF TOTAL LANDSCAPE AREA (SF)8,700 SF VICINITY MAP N.T.S. PROJECT SITE 75 75 455 455 CENTRAL EXPYCENTRAL EXPYFIRELANE W 1 Item No. 5.f. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Gateway at Buddy Hayes, Block A, Lot 2R, Replat. (Director of Development Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 13.2± acres located on the west side of Buddy Hayes Boulevard, 1,220± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose for the Replat is to dedicate easements and lot and block boundaries necessary for the creation of a multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Replat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block A, Lot 2R Replat Locator Map 2. RESOLUTION - (R) Gateway at Buddy Hayes, Block A, Lot 2R 3. Exhibit A (STAMPED) - (RP) Gateway at Buddy Hayes, Block A, Lot 2R COTTONWOODTRLMULBERRY DR S P R U C E S T CEDAR TRL W WHITE ST CYPRESS WAY SABLE WOOD DR MAPLE WOOD TRLS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PER SIM M ONDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet June 2023 H:\Notification Maps\Notification Maps\ Replat - Gateway at Buddy Hayes, Block A, Lot 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GATEWAY AT BUDDY HAYES, BLOCK A, LOT 2R, REPLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Jeff Williams / Anna Southgate, LLC has submitted an application for the approval of Gateway at Buddy Hayes, Block A, Lot 2R, Replat; WHEREAS, Gateway at Buddy Hayes, Block A, Lot 2R, Replat conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Replat The City Council hereby approves Gateway at Buddy Hayes, Block A, Lot 2R, Replat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 5.g. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Gateway at Buddy Hayes, Block A, Lot 2R, Site Pan. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 13.2± acres located on the west side of Buddy Hayes Boulevard, 1,200± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose of the Site Plan is to show the proposed multiple-family residential development site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block A, Lot 2R Site Plan Locator Map 2. RESOLUTION - (SP) Gateway at Buddy Hayes, Block Z, Lot 2R 3. Exhibit A (STAMPED) - (SP) Gateway at Buddy Hayes, Block A, Lot 2R COTTONWOODTRLMULBERRY DR S P R U C E S T CEDAR TRL W WHITE ST CYPRESS WAY SABLE WOOD DR MAPLE WOOD TRLS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PER SIM M ONDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - Gateway at Buddy Hayes, Block A, Lot 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GATEWAY AT BUDDY HAYES, BLOCK A, LOT 2R, SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Jeff Williams / Anna Southgate, LLC has submitted an application for the approval of Gateway at Buddy Hayes, Block A, Lot 2R, Site Plan; and 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 Gateway at Buddy Hayes, Block A, Lot 2R, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike FLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLF L F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLSTAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3STAIR 2STAIR 3STAIR 3FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFL FL BLDG. TYP. C OPEN SPACE OPEN SPACE EVENT AREA OPEN SPACE DOG PARK OPEN SPACE BLDG. TYP. B BLDG. TYP. A BLDG. TYP. C BLDG. TYP. A BLDG. TYP. A BLDG. TYP. A BLD G. TYP. B BLD G. TYP. C BLDG.TYP. AOPEN SPACE FLFLFL FLPOOL AREA FLF L OPEN SPACE LEASI N G OFFI CE SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSW W W W W W W W W W W W W W WWWWWWWW W WW WWWWWWWWWWWWWWWWWWWWWWWWWWW2 2 2 2 2 2 2 2 2 2 2 1 2 3 4 5 6 7 8 9 10 11 LOT 2R, BLOCK A 575,055 SQUARE FEET 13.201 ACRES 10' P E D E S T RI A N E A S E M E N T 1 5 ' S A N I T A R Y S EW E REASEMENT55' QUASI-PUBLIC STREET ACCESS & UTILITY EASEMENT W/ 24' FIRE LANE 0'-3' SIDE YARD (INTERIOR) SETBACK (PER ZONING) 15' SIDE YARD SETBACK (PER ZONING) 25' REAR YARD SETBACK (PER ZONING) 25' F R O N T Y A R D S E T B A C K (PER Z O NI N G) LS LS LS LS LS 25' REAR YARD SETBACK 25' D R A I N A G E & U T I L I T Y E A S E M E N T 20' X 20' DRAINAGE EASEMENT (BY THIS PLAT) 20' DRAINAGE EASEMENT (BY THIS PLAT)25' FRONT YARD SETBACK(PER ZONING)(80' R. O. W.) EX W EX WEX WEX WEX WEX WEX WEX WEX W EX W EX WEX WEX WEX WEX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W EX W E X W E X W EX W EX W EX SSEX SSEX SSEX SSEX SSE X S S E X S S E X S S FH WM WM WM WM WM WM WM WM FH FH FH WM WM FH FH FH SSMHSSMHSSMH SSM H SSMH SSMH SSMH SSMHR20.0'R20.0'R 2 0 .0 'R20.0'R46.0' R 2 0 . 0 'R20.0 'R 20.0' R 387.0'R20.0'R 2 0 .0' R20.0 ' R 2 0 .0' R20.0 ' R 2 0.0'R 2 0 .0' R 3 0.0' R 2 0 .0' R 41 3 .0'R20.0'R 2 0 .0' R30.0' R 2 0 .0 'R413.0'R20.0'R 3 0.0'R20 .0' R30.0 ' WM SSM H 3 2 1 2 4 1 2 1 1 6 2 2 5 6 18.0 'TYP. 9.0' TYP. 6 6 6 6 6 6 6 6 6 6 66 6 666 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 2 2 5 5 2 2 2 2 2 2 2 2 2 2 2 2 2 11 1 1 1 1 1 1 1 1 4 1 2 1 16 2 3 3 3 3 3 2 3 5 665 5 5 5 4 4 3 1 1 1 1 1 5 4 3 4 10 4 6 1 1 4 101010101010 4 1 1 1 1 4 4 4 4 4 1 1 1 18.0' TYP. 18.0' TYP.9.0'TYP.9.0'TYP.18.0' TYP.9.0'TYP.9.0' TYP.18.0'TYP.9.0' TYP.18.0'TYP.9. 0 ' TY P .18.0'TYP.18.0 'TYP. 9.0' TYP. 18.0' TYP.9.0'TYP.18.0' TYP.9.0'TYP.GI JB JB GI GI GI GI GI JB YI GI CI CI YI GI JB GI 8 7 6 4 3 2 1 5 11 10 9 1 8 " S TO RM 24" S T O R M 24" S T O R M (CONCRETE PAVEMENT)(CONCRETE PAVEMENT)(CONCRETE PAVEMENT)(CONCRETE PAVEMENT) (CONCRETE PAVEMENT)(CONCRETE PAVEMENT)( CO N C R E T E P A V EM E N T ) 30" STORM24" STORM 30" STORM JB 5' SW5' SW5' SW 5' SW 5' S W 5' S W 5' SW 5' SW 5' SW5' SW5' SW5' SW 5' SW 5' SW5' SW 5' SW 5' SW 5' SW5' SW5' SW5' SW5' SW5' SW 5' SW 5' SW5' SW5' SW5' SW5' SW 5' SW5' SW 5' SW25.0 '25.0 '25.2 ' 2 5 . 2 ' 2 7 . 1 ' 25.2' 25.5' 35.6'28.0'25.0'27.5' 27.5' 27.5' 27.5' 27.5'25.0'27.5' 29. 7 '18.0'1 8 " S TO RM 8" W 18" STORM8" W8" W8" W 8" SS 8" W 8" SS8" SS8" W8" W8" W3 6 " S TO RM 8 " W8" W8" SS8" W 8" W8" SS8" W18" STORM36" STORM18" STORM14.7'14.9'24.0' 26' F. A. U. E.26' F.A.U.E.26' F.A.U.E.26' F.A.U.E. 26' F.A.U.E. 26' F . A . U . E . 26' F.A.U.E.26' F.A.U.E.26' F.A . U . E .26' F.A.U.E.3 0 ' F . A . U . E .26' F.A.U.E.26' F.A.U.E.26' F.A.U.E.26' F.A.U.E. CARPORT (TYP.) CARPORTS (TYP.) CARPORT (TYP.) CARPORT (TYP.) CARPORT (TYP.) CARPORT (TYP.) CARPORT (TYP.) 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. PR WALL PR WALL STAIRS STAIRS STAIRS STAIRS SHADE STRUCTURE W/GRILL SHADE STRUCTURE W/GRILL VISIBILITY, ACCESS, AND MAINTENANCE EASEMENT VISIBILITY, ACCESS, AND MAINTENANCE EASEMENT 5' SW 5' SW 5' SW5' SWVEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX VEHICULAR ACCESS GATE W/ KNOX BOX PROPOSED CALL BOX A/C CONDENSER UNITS (TYP.) 1 22 1 1 1 1 A/C CONDENSER UNITS (TYP.) A/C CONDENSER UNITS (TYP.) 1 INCH = 0 20 40 40 FEET 40 SITE PLANSP.11" = 40'SITE PLAN GATEWAY AT BUDDY HAYES BLOCKA, LOT 2R 13.201 ACRES / 575,055 SF ABS 782 THOMAS RATTON SURVEY CITY OF ANNA, COLLIN COUNTY, TEXAS June 2023FLFLFLFL //////// D.E.DRAINAGE EASEMENT LEGEND PROP. GRATE INLET PROP. JUNCTION BOX CURB INLET PROP. FIRE HYDRANTFH GI JB CI PROP. LIGHT POLE 1-FIXTURE PROP. LIGHT POLE 2-FIXTURES FDC PROP. FIRE DEPT. CONNECTION DCO PROP. SEWER DOUBLE CLEANOUT CO PROP. SEWER SINGLE CLEANOUT SSMH PROP. SEWER MANHOLE PROP. WATER METER AND VAULT WV PROP. WATER METERWM PROP. WATER VALVE BOUNDARY LINE RIGHT-OF-WAY LINE EASEMENT LINE SURFACE PARKING COUNT PROP. FIRE LANE ACCESSIBLE CROSSWALK PROP. ACCESSIBLE ROUTE BARRIER FREE RAMP (ADA RAMP) LS LS BFR U.E.UTILITY EASEMENT F.A.U.E.FIRE LANE, ACCESS, & UTILITY EASEMENT SETBACK/ BUILDING LINE SITE TRIANGLE CHAIN LINK FENCE PROPERTY LINE ORNAMENTAL FENCE WOOD FENCE EXISTING CONTOUR133 SIDE WALKSW CARPORT PARKING COUNT GENERAL NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL WORK, UNLESS OTHERWISE NOTED, SHALL CONFORM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ISSUED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT, AND CITY STANDARD CONSTRUCTION SPECIFICATIONS. 3.PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL BE FAMILIAR WITH THE PLANS INCLUDING ALL NOTES, THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS, AND ANY OTHER APPLICABLE STANDARD AND SPECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILURE ON THE PART OF THE CONTRACTOR TO BE FAMILIAR WITH ALL STANDARDS AND SPECIFICATION PERTAINING TO THIS WORK SHALL IN WAY RELIEVE THE CONTRACTOR OF RESPONSIBILITY OF PERFORMING THE WORK IN ACCORDANCE WITH ALL SUCH APPLICABLE STANDARDS AND SPECIFICATIONS. 4.THE HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING SUBSURFACE UTILITIES HAVE BEEN DETERMINED BY DATA RECORDED BY OTHERS. CONTRACTOR SHALL VERIFY THAT NECESSARY CROSSING CLEARANCES BETWEEN EXISTING AND PROPOSED UTILITIES EXIST PRIOR TO CONSTRUCTION OF ANY SUCH CROSSING. IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL UTILITIES IN THE CONSTRUCTION OF THE PROJECT. CONTRACTOR TO VERIFY SIZE AND LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. 5.IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL MANHOLES, CLEANOUTS, VALVE BOXES, FIRE HYDRANTS, ETC… THEY MUST BE ADJUSTED TO PROPER LINE AND GRADE BY THE CONTRACTOR PRIOR TO AND AFTER PLACING OF PERMANENT PAVEMENT AND GRADING. UTILITIES MUST BE MAINTAINED TO PROPER LINE AND GRADE DURING THE CONSTRUCTION OF THE PAVING FOR THIS DEVELOPMENT. 6.PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, BONDS AND THREE-WAY CONTRACTS SHALL BE SUBMITTED TO THE CITY AS REQUIRED. 7.THE CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL REGULATIONS REGARDING TRENCH SAFETY. 8.REFER TO ARCHITECTURAL AND STRUCTURAL PLANS TO VERIFY ALL BUILDING DIMENSIONS. 9.REFER TO ARCHITECTURAL PLANS FOR DETAILED BUILDING ENTRANCE LAYOUTS, RAMPS, LANDSCAPE, AND SIDEWALKS. 10.ALL DUMPSTER ENCLOSURES TO BE A MINIMUM OF 14'X25' WITH A CLEAR BACKING OF AT LEAST 40'. ENCLOSURE TO BE 8' MASONRY WITH MATERIAL TO MATCH PRIMARY STRUCTURE. 11.ALL MECHANICAL EQUIPMENT TO BE LOCATED IN PRIVATE BACKYARDS. 12.ALL FIRE HYDRANTS ARE LOCATED AT INTERSECTIONS AND SPACED PER CITY REQUIREMENTS. 13.ALL STD. PARKING SPACES TO BE 9'X18' WITH 2' OVERHANG. ALL PARALLEL SPACES TO BE 8'X22'. 14.ALL STRIPING IN PARKING LOTS TO BE WHITE. 15.HANDICAP ACCESS RAMPS SHALL BE PAINTED OR CONSTRUCTED OF CONTRASTING COLORS FROM THE STANDARD PAVEMENT BUT SHALL NOT BE IN COLORS THAT ARE CONSIDERED BRIGHT, NEON, OR GARISH. 16.TRUNCATED DOME PADS REQUIRED WHERE THE SIDEWALK MEETS THE DRIVEWAY. 17.RETAINING WALLS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 18.IRRIGATION PLANS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 19.RETAINING WALL AROUND POND MUST HAVE A MINIMUM OF 48" OF ORNAMENTAL FENCE. REFER TO STRUCTURAL PLANS FOR MORE DETAILS. 20.LOTS LOCATED ON THE QUASI-PUBLIC STREET MUST ORIENT BUILDINGS TO THE QUASI-PUBLIC STREET. 1 1 VICINITY MAP PROJECT LOCATION SIZETYPEI.D. WATER METER SCHEDULE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC 2" 2" 2" 2" 1" 2" 2" 1 2 3 4 5 6 7 DOMESTIC 2"8 DOMESTIC 2"9 DOMESTIC 2"10 DOMESTIC 2"11 HighPark Capital, LLC 4514 Travis Street, Ste 211 Dallas, Texas 75205 Tel. No. (214) 380-5404 Contact: Ryan Spring USER: Eric DATE/TIME: Jun 28, 2023 FILE: C:\Users\Eric\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\61-001_Anna - Gateway MF\z_AutoCAD\61-001 C0.4 SITE PLAN.dwgSOUTHGATE MULTI-FAMILY - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 1061-001DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718Copyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869eric@LincolnCE.comSOUTHGATE MULTI-FAMILY13.201 ACRESLOT 2, BLOCK AGATEWAY AT BUDDY HAYESCITY OF ANNA, COLLIN COUNTY, TEXAS Item No. 5.h. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Gateway at Buddy Hayes, Block C, Lot 1R, Replat. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 20.7± acres located on the east side of Buddy Hayes Boulevard, 1,220± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose for the Replat is to dedicate easements and lot and block boundaries necessary for the creation of a multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Replat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block C, Lot 1R Replat Locator Map 2. RESOLUTION - (R) Gateway at Buddy Hayes, Block C, Lot 1R 3. Exhibit A (STAMPED) - (RP) Gateway at Buddy Hayes, Block C, Lot 1R SABLE WOOD DR OLIVE LNMESQUITELNCOTTONWOODTRLPINE KNOLL WAY PIN OAK TRL BLACK WILLOW TRLHICKORY TRLHAW THORNERDMANDARIN WAY REDBUD DR VICTORIAFALLS DRMULBERRY DR S PRUCE ST WILL O W W AY CEDAR TRL SWEETGUMDRCYPRESS WAY OAKHOLLOWLNCEDARWOODTRL W WHITE ST MAPLEWOOD TRLWALNUT WAYSYCAMORESTS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PERS IM M O NDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet June 2023 H:\Notification Maps\Notification Maps\ Replat - Gateway at Buddy Hayes, Block C, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GATEWAY AT BUDDY HAYES, BLOCK C, LOT 1R, REPLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Josh Eadie / NexMetro Hayes, LP has submitted an application for the approval of Gateway at Buddy Hayes, Block C, Lot 1R, Replat; WHEREAS, Gateway at Buddy Hayes, Block C, Lot 1R, Replat conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Replat The City Council hereby approves Gateway at Buddy Hayes, Block C, Lot 1R, Replat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 5.i. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Gateway at Buddy Hayes, Block C, Lot 1R, Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 20.7± acres located on the east side of Buddy Hayes Boulevard, 1,200± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose of the Site Plan is to show the proposed multiple-family residential development site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Gateway at Buddy Hayes, Block C, Lot 1R Site Plan Locator Map 2. RESOLUTION - (SP) Gateway at Buddy Hayes, Block C, Lot 1R 3. Exhibit A (STAMPED) - (SP) Gateway at Buddy Hayes, Block C, Lot 1R SABLE WOOD DR OLIVE LNMESQUITELNCOTTONWOODTRLPINE KNOLL WAY PIN OAK TRL BLACK WILLOW TRLHICKORY TRLHAW THORNERDMANDARIN WAY REDBUD DR VICTORIAFALLS DRMULBERRY DR S PRUCE ST WILL O W W AY CEDAR TRL SWEETGUMDRCYPRESS WAY OAKHOLLOWLNCEDARWOODTRL W WHITE ST MAPLEWOOD TRLWALNUT WAYSYCAMORESTS BUDDYHAYES BLVDSCENTRALEXPYUS HIGHWAY 75PERS IM M O NDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - Gateway at Buddy Hayes, Block C, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GATEWAY AT BUDDY HAYES, BLOCK C, LOT 1R, SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Josh Eadie / NexMetro Hayes, LP has submitted an application for the approval of Gateway at Buddy Hayes, Block C, Lot 1R, Site Plan; and 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 Gateway at Buddy Hayes, Block C, Lot 1R, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 690 6 9 0 6806806806856907057107156957007056706756556606656706456506556606556606656706756 8 0685690 665670675680685690 655 660 665 670675680685685685690690 6656706756806856706756856906 9 5 680685685 685690695 FLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFL FLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////LEA SI N G OFFI C E 2A 3A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A 2A2A 2A 2A 2A 2A 2A2A 2A 2A 2A 2A 2A2A 2A 2A2A2A2A2A2A 2A 2A 2A 2A 2A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A3A 3A 3A 3A 3A 3A 3A3A 3A3A3A 3A3A 3A 3A 3A 3A 3A 3A3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A 3A1A 1A 1A 1A1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 1A 2A 2A 2A 2A 2A 2A 2A 2A 1A 1A 1A 1A 1A 1A 4 4 2 4 4 4 4 4 4 4 4 4 2 1 2 3 3 1 1 2 2 1 1 11 3 82 3 2 2 2 4 1 1 4 5 3 4 3 24 3 5 3 4 10 2 3 2 6 1 1 4 6 3 2 2 3 10 4 4 5 3 2 PROP. GARAGE (TYP.) PROP. GARAGE (TYP.) PROP. GARAGE (TYP.) PROP. GARAGE (TYP.) 5'x5' U.E.5'x5' U.E.5'x5' U.E. 5'x5' U.E. 5'x5' U.E.10'x10' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 5'x5' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E. 5'x5' U.E. 5'x5' U.E. 10'x10' U.E. 10'x10' U.E.30' F .A .U .E . 24' F.A.U.E. 24' F. A. U. E.24' F.A.U.E.24' F.A.U.E.10'x10' U.E.24' F.A.U.E.VARIABLE HT. RETAINING WALL PROP. RETAINING WALL MAIN T.270.7'6' SW 4' S W 4' SW4' SW6' SW6' SW 6' SW6' SW6' SW 6' SW6' SW6' SW 6' SW 6' SW 4' SW 4' SW 4 ' SW6' SW6' SW 6' SW6' SW6' SW 4' SW4' SW4' SW 4' SW 4' SW 6' SW6' SW 6' SW 6' SW 6' SW4' SW 6' SW 4' SW 4' SW 4' SW 4' SW (CONCRETE PAVEMENT) (CONCRETE PAVEMENT)(CONCRETE PAVEMENT)(CONC R E T E PAVE M E N T) FH FH FH FH FH FH FH FH FH FH FH WM WM WM WM WM WM WMWM WM WM WM WM WM WM WM WM WM WM WM SSMH SSMH SSMH SSMH SSMH SSMH SSMH SSMH SSMH CI CI CI CI CI CI CI CI JB JB 4' SW 4' SW4' SW4' SW4' SW4' SW4' SW4' SW4' SW4' SW4' SW 4' SW 4' SW 4' SW 4' S W 4' S W 4' SW4' SW4' SW6' SW4' SW4 ' SW4' SW5' SW 6' SW6' SW 6' SW 6' SW 6' SW 4' SW 6' SW6' SW 6' SW6' SW6' SW6' SW4' SW4' SW6' SW4' SW4' SW4' SW4' SW6' SW 4' S W 6' SW 6' SW R 3 0.0'R112.0'R112.0'R30.0'R30.0' R 8 9 1 .0 'R30.0'R 3 0 .0' R 54 .0'R54.0'R30.0'R54.0'R30.0'R 3 0.0' R 9 1 5 .0 'R88.0'R88.0'R3 0.0'R 3 0 .0 'R 5 4 .0 ' R 3 0.0'R 3 0 .0 ' R 5 4 .0 'R30.0 'R3 0.0' R 30.0'R3 0. 0 '130.8'20.0' 18.0' TYP.9.0'TYP.10.0'30.0'30.3 '20.3 '10'20.0' 20. 3 ' 30.0'18.0 'TYP. 9.0' TYP.18.0'TYP.18.0 'TYP. 9.0' TYP.9.0'TYP.18.0' TYP. 18.0' TYP.9.0'TYP.9.0' TYP.18.0'TYP.1 8 . 0 'TYP.9.0'TYP.10.0' (TYP.) 20.0' (TYP.) 10.0'(TYP.) 20.0'(TYP.) 9.0' TYP. 16 18 19 9 8 7 6 54 3 2 1 12 13 11 10 17 14 15 6' SW (CONCRETE PAVEMENT)2 4 6' MASONRY SCREEN WALL 6' ORNAMENTAL FENCE W/ MASONRY COLUMNS PROP. BOARD-ON-BOARD WOOD FENCE BOARD-ON-BOARD 6" WOOD FENCE BOARD-ON-BOARD 6' WOOD FENCE 6' ORNAMENTAL FENCE W/ MASONRY COLUMNS VARIABLE HEIGHT RETAINING WALL VARIABLE HT. RETAINING WALL VARIABLE HT. RETAINING WALL VARIABLE HEIGHT RETAINING WALL VEHI C U L A R ACC E S S G A T E W/KN O X B O X PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) PROP. CARPORT (TYP.) 6 62 1 36 6 6 666 6 4 2 2 3 6 3 3 6 6 3 6 2 6 6 6 6 6 4 1 6 6 6 6 1 6 6 2 4 4 1 1 1 1 1 2 6 6 6 6 VEHICULAR ACCESS GATE W/KNOX BOX VEHICULAR ACCESS GATE W/KNOX BOX >>>>>>>>>>>>>>>>>>>>>>> >>> >>>>>>>>>>>>>>>LOT 2, BLOCK A 575,055 SQUARE FEET 13.201 ACRES LOT 1R, BLOCK C 903,359 SQUARE FEET 20.738 ACRES LOT 1, BLOCK B 513,950 SQUARE FEET 11.799 ACRES LOT 1, BLOCK A 599,822 SQUARE FEET 13.770 ACRES 15' UTILITY EASEMENT (BY SEPARATE INSTRUMENT) 10' P E D E S T RI A N EAS E M E N T 20' X 20' DRAINAGE EASEMENT 15' X 15' SANITARY\ SEWER EASEMENT 20' X 20' DRAINAGE EASEMENT 20' DRAINAGE EASEMENT 20' X 20' DRAINAGE EASEMENT 20' X 20' DRAINAGE EASEMENT 25' X 25' DRAINAGE & UTILITY EASEMENT 15' UTILITY EASEMENT 55' QUASI-PUBLIC STREET ACCESS & UTILITY EASEMENT W/ 24' FIRE LANE 0'-3' SIDE YARD (INTERIOR) SETBACK (PER ZONING) 15' SIDE YARD SETBACK (PER ZONING) 15' REAR YARD SETBACK (PER ZONING) 25' FRONT YARD SETBACK (PER ZONING) 25' REAR YARD SETBACK (PER ZONING) 10' REAR YARD SETBACK (PER ZONING) 25' REAR YARD SETBACK (PER ZONING) 25' F R O N T Y A R D SET B A C K (PER Z O NI N G) 30' FRONT YARD SETBACK (PER ZONING) 25' FRONT YARD SETBACK (PER ZONING) LS LS LS LS LS LS LS LS LS 25' REAR YARD SETBACK (PER ZONING)(80' R. O. W.)(80' R.O.W.)(60' R.O.W.) 15' DRAINAGE & UTILITY EASEMENT 15' DRAINAGE & UTILITY EASEMENT 15' REAR YARD SETBACK (PER ZONING) EX. 24' UTILITY EASEMENT PR. 24' FIRE LANE & ACCESS EASEMENT 15' DRAINAGE EASEMENT 10' PEDESTRIAN EASEMENT 15' SANITA RY SEW E R E A SE ME NT USER: EricSeeley DATE/TIME: Jun 28, 2023 - 4:30pmFILE: C:\Users\EricSeeley\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\15-006_Anna-Avilla Waters Creek\z_AutoCAD\15-006 C0.4 SITE PLAN.dwgAVILLA HAYES - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 1015-006DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718AVILLA HAYES20.738 ACRESLOT 1, BLOCK CGATEWAY AT BUDDY HAYESCITY OF ANNA, COLLIN COUNTY, TEXASCopyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869eric@LincolnCE.com1 INCH = 0 40 80 80 FEET 80 VICINITY MAP PROJECT LOCATION TBM-1: BENCH TIE ON WEST SIDE OF POWER POLE W/GUY WIRE ON THE EAST SIDE OF THE NORTH BOUND FRONTAGE ROAD (US-75); LOCATED ±0.5 MILES NORTH OF THE CENTER OF TAYLOR BLVD. ELEVATION=717.80' TBM-2: CUT SQUARE W/ "X" SET ON THE NORTH END OF 60 FOOT LONG CONCRETE HEADWALL ALONG NORTH BOUND FRONTAGE ROAD (US-75); LOCATED ±0.25 MILES NORTH OF THE CENTER OF TAYLOR BLVD. ELEVATION=693.39' BENCHMARKS FLFLFL FL GENERAL NOTES: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.ALL WORK, UNLESS OTHERWISE NOTED, SHALL CONFORM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ISSUED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT, AND CITY STANDARD CONSTRUCTION SPECIFICATIONS. 3.PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL BE FAMILIAR WITH THE PLANS INCLUDING ALL NOTES, THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS, AND ANY OTHER APPLICABLE STANDARD AND SPECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILURE ON THE PART OF THE CONTRACTOR TO BE FAMILIAR WITH ALL STANDARDS AND SPECIFICATION PERTAINING TO THIS WORK SHALL IN WAY RELIEVE THE CONTRACTOR OF RESPONSIBILITY OF PERFORMING THE WORK IN ACCORDANCE WITH ALL SUCH APPLICABLE STANDARDS AND SPECIFICATIONS. 4.THE HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING SUBSURFACE UTILITIES HAVE BEEN DETERMINED BY DATA RECORDED BY OTHERS. CONTRACTOR SHALL VERIFY THAT NECESSARY CROSSING CLEARANCES BETWEEN EXISTING AND PROPOSED UTILITIES EXIST PRIOR TO CONSTRUCTION OF ANY SUCH CROSSING. IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL UTILITIES IN THE CONSTRUCTION OF THE PROJECT. CONTRACTOR TO VERIFY SIZE AND LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. 5.IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT ALL MANHOLES, CLEANOUTS, VALVE BOXES, FIRE HYDRANTS, ETC… THEY MUST BE ADJUSTED TO PROPER LINE AND GRADE BY THE CONTRACTOR PRIOR TO AND AFTER PLACING OF PERMANENT PAVEMENT AND GRADING. UTILITIES MUST BE MAINTAINED TO PROPER LINE AND GRADE DURING THE CONSTRUCTION OF THE PAVING FOR THIS DEVELOPMENT. 6.PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, BONDS AND THREE-WAY CONTRACTS SHALL BE SUBMITTED TO THE CITY AS REQUIRED. 7.THE CONTRACTOR IS RESPONSIBLE FOR COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL REGULATIONS REGARDING TRENCH SAFETY. 8.REFER TO ARCHITECTURAL AND STRUCTURAL PLANS TO VERIFY ALL BUILDING DIMENSIONS. 9.REFER TO ARCHITECTURAL PLANS FOR DETAILED BUILDING ENTRANCE LAYOUTS, RAMPS, LANDSCAPE, AND SIDEWALKS. 10.ALL DUMPSTER ENCLOSURES TO BE A MINIMUM OF 14'X25' WITH A CLEAR BACKING OF AT LEAST 40'. ENCLOSURE TO BE 8' MASONRY WITH MATERIAL TO MATCH PRIMARY STRUCTURE. 11.ALL MECHANICAL EQUIPMENT TO BE LOCATED IN PRIVATE BACKYARDS. 12.ALL FIRE HYDRANTS ARE LOCATED AT INTERSECTIONS AND SPACED PER CITY REQUIREMENTS. 13.ALL STD. PARKING SPACES TO BE 9'X18' WITH 2' OVERHANG. ALL PARALLEL SPACES TO BE 8'X22'. 14.ALL STRIPING IN PARKING LOTS TO BE WHITE. 15.HANDICAP ACCESS RAMPS SHALL BE PAINTED OR CONSTRUCTED OF CONTRASTING COLORS FROM THE STANDARD PAVEMENT BUT SHALL NOT BE IN COLORS THAT ARE CONSIDERED BRIGHT, NEON, OR GARISH. 16.TRUNCATED DOME PADS REQUIRED WHERE THE SIDEWALK MEETS THE DRIVEWAY. 17.RETAINING WALLS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 18.IRRIGATION PLANS WILL REQUIRE A SEPARATE PERMIT FOR APPROVAL. 19.RETAINING WALL AROUND POND MUST HAVE A MINIMUM OF 48" OF ORNAMENTAL FENCE. REFER TO STRUCTURAL PLANS FOR MORE DETAILS.OVERALLSITE PLANSP.11" = 80'SITE PLAN GATEWAY AT BUDDY HAYES BLOCK C, LOT 1R 20.738 ACRES / 903,359 SF ABS 782 THOMAS RATTON SURVEY CITY OF ANNA, COLLIN COUNTY, TEXAS June 2023 D.E.DRAINAGE EASEMENT LEGEND PROP. GRATE INLET PROP. JUNCTION BOX CURB INLET GI JB CI SSMH PROP. SEWER MANHOLE PROP. WATER METER AND VAULT WV PROP. WATER METERWM PROP. WATER VALVE BOUNDARY LINE EASEMENT LINE SURFACE PARKING COUNT PROP. FIRE LANE ACCESSIBLE CROSSWALK U.E.UTILITY EASEMENT F.A.U.E.FIRE LANE, ACCESS, & UTILITY EASEMENT SETBACK/ BUILDING LINE 6' ORNAMENTAL FENCE PROPERTY LINE 6' MASONRY FENCE EXISTING CONTOUR133 SIDE WALKSW GARAGE PARKING COUNT SIZETYPEI.D. WATER METER SCHEDULE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC 1" 1" 1" 1" 1" 1" 1 2 3 4 5 6 7 8 9 SIZETYPEI.D. DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC 1" 1" 1" 1" 1" 1" 13 14 15 16 17 18 DOMESTIC - DOMESTIC DOMESTIC DOMESTIC 1"1" 1"- 1" 10 19 DOMESTIC 1" 11 - DOMESTIC 1" 12 - DOMESTIC 1" - - - -- -- -- -- OPEN PARKING WITH NUMBER OF SPACES ENCLOSED PARKING (DETACHED GARAGE) WITH NUMBER OF SPACES DUMPSTER ENCLOSURE 4 4 ±52.2'±27.3'±37.0'±27.3'±31.3'±44.0' 1 BEDROOM FOOTPRINT (WITH EAVE OVERHANG) 2 BEDROOM FOOTPRINT (WITH EAVE OVERHANG) 3 BEDROOM FOOTPRINT (WITH EAVE OVERHANG) COVERED PARKING (CARPORT) WITH NUMBER OF SPACES 4 CARPORT PARKING COUNT1 1 1 Item No. 5.j. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Vacant lot on 14.4± acres located at the northwest corner of Hackberry Drive and N. Ferguson Parkway. Zoned: Planned Development (Ord. No. 839-2019 & Ord. No. 887- 2020). The purpose for the Final Plat is to dedicate rights-of-way and lot and block boundaries for future development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1 Locator Map 2. RESOLUTION (FP) Lorenzo Dow Hendricks Elementary Addn, BL A, Lt 1 3. Exhibit A (FP) Lorenzo Dow Hendricks Elementary Addn, Block A, Lot 1 LAURENBROOKEDRCEDAR CANYON DRWESTPARKDRSHELDON DR FULBOURNE DR HOLCOMBE DR BIRDBROOK DRCHATSWORTH DR AINSWORTH DRCOPPERSWITCHDRSANTALUCIADRLIDOLNBANKHURST DRPARKCHASE DRC A S T I GLIONE LN FOREST HAVEN DRPORT I NADRHELMOKEN FALLS DR MADISON DR AMENDUNI LNTARTANEDRATHABASCA FALLS DR PEMBERTON DRHANAKOA FALLS DR LAVINOLA LN MARKHAM DRCRISTIANO LN NORTHFIELD DR NIAGARA FALLS DRMONESTERO LN AMALFI LN HAYES DR NORWOOD DRMILLSDRCAPO VERD E D R CHAPEL HILL DR FOXTAIL DR KINGSTON CT HACKBERRY DR HONEYWELL DR SFERGUSONPKWYNFERGUSONPKWYCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet June 2023 H:\Notification Maps\Notification Maps\ Final Plat - Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF LORENZO DOW HENDRICKS ELEMENTARY ADDITION, BLOCK A, LOT 1. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Anacapri Laguna Azure, LLC and Bloomfield Homes, LP, has submitted an application for approval of a Final Plat of Lorenzo Dow Hendricks Elementary Addition, Block A, Lot 1 (“Final Plat”) attached hereto as Exhibit A; WHEREAS, The Final Plat conforms to the city’s Subdivision Regulations and Zoning Ordinance; 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 subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT A Item No. 5.k. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the One Anna Two Addition, Block A, Lots 4R & 5, Preliminary Replat. (Director of Development Services Ross Altobelli) SUMMARY: Hotel on Lot 4R and vacant lot on 12.0± acres located on the east side of Standridge Boulevard, 1,040± feet north of Suzie Lane. Zoned: Planned Development (Ord. No. 765-2018, Ord. No. 846-2020, & Ord. No. 1021-2022). The purpose of the Preliminary Replat is to propose easements and lot and block boundaries necessary for the future construction of the hotel development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Preliminary Replat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - One Anna Two Addition, Block A, Lots 4R & 5 2. RESOLUTION - (PR) One Anna Two Addition, Block A, Lots 4R & 5 3. EXHIBIT A (STAMPED) - PR (One Anna Two Addition, Bl A, Lts 4R & 5) FOXBRUSH LNBURWICK LN ASHBROOK LN WILDERNESS POINTLNUS HIGHWAY 75THORNCREEKDRLONEROCKDRHACKBERRY DR DRIFTWOOD LN VALLEYPINESDRFLINTROCK LN STARLIGHTDRS BUDDYHAYES BLVDNCENTRALEXPYS CENTRALEXPYSTILL CREEK LN WINDY HILL LN SSTANDRIDGEBLVDSTOCKPO R T D R NBUDDYHAYESBLVDTIMBER RIDGE DR HOLLYBROOK LN SUZIE L NNSTANDRIDGEBLVD Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Preliminary Replat - One Anna Two Addition, Block A, Lots 4R & 5 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ONE ANNA TWO ADDITION, BLOCK A, LOTS 4R & 5, PRELIMINARY REPLAT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Dr. Richard Jelsma has submitted an application for the approval of the One Anna Two Addition, Block A, Lots 4R & 5, Preliminary Replat. WHEREAS, The Preliminary Replat of One Anna Two Addition, Block A, Lots 4R & 5 conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Preliminary Replat The City Council hereby approves the One Anna Two Addition, Block A, Lots 4R & 5, Preliminary Replat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25th day of July 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike STANDRIDGE BOULEVARD(80' R.O.W.)U.S. HIGHWAY NO. 75(VARIABLE WIDTH R.O.W.)N1°58'14"W 54.35'S7°37'25"W1138.74'N82°22'35" W 311.75' ∆=9°11'41" R=230.00' L=36.91' CB=N86°58'24"W C=36.87' N7°37'25"E 768.62' 1/2" IRF TXDOT CONCRETE MONUMENT FOUND (C.M.) 1/2" IRF 20' WATER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. LOT 4, BLOCK A ONE ANNA TWO ADDITION INST. NO. _____________________ O.P.R.C.C.T. LOT 5 8.902 ACRES 387,762 SQ. FT.50' BUILDING LINEINST. NO. 20210607010002180O.P.R.C.C.T.N82°26'42" W 437.43' GCEC ELECTRIC ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. SUZIE LAN E (60' R.O.W.) R.O.W. DED I C A T I O N INST. NO. 2 0 2 1 0 6 0 7 0 1 0 0 0 2 1 8 0 O.P.R.C.C.T . R.O.W. DED I C A T I O N INST. NO. 2 0 1 8 0 5 2 5 0 0 0 6 4 4 6 1 0 O.P.R.C.C.T .R.O.W. DEDICATIONINST. NO. 20210607010002180O.P.R.C.C.T.LOT 2, BLOCK A ONE ANNA TWO ADDITION INST. NO. 20210607010002180 O.P.R.C.C.T. LOT 1, BLOCK A ONE ANNA TWO ADDITION INST. NO. 20210607010002180 O.P.R.C.C.T.N7°37'25"E1089.32'20' SANITARY SEWER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 25' SITE VISIBILITY & SIDEWALK MAINTENANCE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 18' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 18' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 24' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15'X25' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 10'X10' WATER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. WATER ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. DRAINAGE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. DRAINAGE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 30' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15'X25' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T.50' BUILDING LINEINST. NO. 20210607010002180O.P.R.C.C.T.R.O.W. DEDICATIONVOL. 655, PG. 446, D.R.C.C.T.INST. NO. 20150728000932810, O.P.R.C.C.T.POINT OF BEGINNING 1/2" IRFC "VOTEX SURVEYING" (C.M.) 15'X25' UTILITY ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. AT&T CORP. INST. NO. 20060912001318850 O.P.R.C.C.T. REMAINDER BFB ANA 40 ACRES, LLC INST. NO. 20190412000390800 O.P.R.C.C.T.CADG HURRICANE CREEK, LLCINST. NO. 20150529000631020O.P.R.C.C.T.MANTUA 30 PARTNERS, LTD. INST. NO. 20201022001847220 O.P.R.C.C.T.MM ANNA 325, LLC.INST. NO.20201201002152900O.P.R.C.C.T.ANNA VILLAGE COMMERCIAL, LTD. INST. NO. 20210107000041390 O.P.R.C.C.T. ANNA VILLAGE RESIDENTIAL, LTD. INST. NO. 20210107000041360 O.P.R.C.C.T. 18' 18' 18' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. ____________________ O.P.R.C.C.T. 30' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 24' FIRE LANE, ACCESS & UTILITY ESMT. INST. NO. _________________ O.P.R.C.C.T. 50' BUILDIN G L I N E INST. NO. 2 0 2 1 0 6 0 7 0 1 0 0 0 2 1 8 0 O.P.R.C.C.T . DRAINAGE ESMT. INST. NO. 20210607010002180 O.P.R.C.C.T. 15' DRAINAGE ESMT. INST. NO. _________________ O.P.R.C.C.T. 15' DRAINAGE ESMT. INST. NO. _________________ O.P.R.C.C.T. 25' SITE VISIBILITY & SIDEWALK MAINTENANCE ESMT. (BY THIS PLAT) LOT 4R 2.907 ACRES 126,627 SQ. FT. LOT 3R, BLOCK A ONE ANNA TWO ADDITION INST. NO. _________________ O.P.R.C.C.T. ∆=14°41'43" R=780.00' L=200.05' CB=N5°22'38"E C=199.51'320.70'459.41' 352.41' 1/2" IRFC "VOTEX SURVEYING" (C.M.) 1/2" IRFC "VOTEX SURVEYING" 1/2" IRFC "VOTEX SURVEYING" 1/2" IRFC "VOTEX SURVEYING" 1/2" IRFC "VOTEX SURVEYING" MNS 492.21'1/2" IRFC "VOTEX SURVEYING" N89°04'37"E 811.82' 30' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 26' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 18' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 18' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) 10'x10' WATER ESMT. (BY THIS PLAT) 10'x10' WATER ESMT. (BY THIS PLAT) 15'x15' WATER ESMT. (BY THIS PLAT) 26' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) N82°25'54"W - 3 0 0 . 5 3 ' S82°25'54"E - 3 0 0 . 4 7 ' 36' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT)308.90'36.00'C1 C1 0S07°37'25"W - 229.52'N07°37'25"E - 227.20'N89°04'37"E - 36.40'C2 C3C4C5C6 C7 C8C9C11C12C13 C 1 4 N82°25'54"W - 2 1 0 . 9 7 ' S82°25'54"E - 2 2 6 . 5 6 'S07°34'06"W - 62.15'N07°34'06"E - 66.51'S82°25'54"E - 2 3 0 . 5 6 ' N82°25'54"W - 2 2 6 . 5 6 'S07°34'06"W - 79.03'N07°34'06"E - 62.15'L1L3L2 L4L5 L6L7L8 L9 L10 L11L12 10'x10' WATER ESMT. (BY THIS PLAT) 30' FIRE LANE, ACCESS & UTILITY ESMT. (BY THIS PLAT) NOTES: 1. The basis of bearings for this survey is the State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. 2. The purpose of this plat is to subdivide Lot 4 into two lots (Lots 4R & 5). 3. Notice: Selling a portion of this addition by metes and bounds is a violation of the City Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. PRELIMINARY RELEASED 9/21/2021 FOR REVIEW PURPOSES ONLY. THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. SURVEYOR'S STATEMENT I, Candy Hone, a Registered Professional Land Surveyor, licensed by the State of Texas, affirm that this plat was prepared under my direct supervision, from recorded documentation, evidence collected on the ground during field operations and other reliable documentation; and that this plat substantially complies with the Rules and Regulations of the Texas Board of Professional Engineers and Land Surveyors, the City of Dallas Development Code (Ordinance No. 19455, as amended) and Texas Local Government Code, Chapter 212. I further affirm that monumentation shown hereon was either found or placed in compliance with the City of Dallas Development Code, Sec. 51A-8.617 (a)(b)(c)(d) & (e); and that the digital drawing file accompanying this plat is a precise representation of this Signed Final Plat. Dated this the day of , 2023. _____________________________________________________________ Candy Hone, Registered Professional Land Surveyor, No. 5867 Votex Surveying Company - Firm No. 10013600 - (469) 333-8831 STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned, a Notary Public in and for the County and State on this day personally appeared Candy Hone, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ______ of ____________, 2023. _____________________________________________________________ Notary Public, State of Texas O W N E R' S D E D I C A T I O N NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That ANNA INVESTMENTS, LLC, acting by and through their duly authorized agents, do hereby adopt this plat, designating the herein described property as ONE ANNA TWO ADDITION, BLOCK A, LOTS 4R & 5, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, any streets and alleys shown thereon. 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 in any way may endanger or interfere with the construction, maintenance or efficiency of its 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 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 plat approved subject to all platting ordinances, rules and regulations the City of Anna, Texas. The area or areas shown on the plat as "VAM" (Visibility , Access, and Maintenance) easement is hereby given and granted to the city, its successors and assigns, as an easement to provide visibility, right of access, and maintenance upon and across said VAM easement. The city shall have the right, but not the obligation, to maintain any and all landscaping within the VAM easement. Should the city exercise this maintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAM easement at any time. The ultimate maintenance responsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree, or other improvements or growths, which in any way endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAM easement. The city shall also have the right, but not the obligation, to add any landscape improvements to the VAM easement, to erect any traffic control devices or signs on the VAM easement, and to remove any obstruction thereon. The city, its successors, assigns, or agents, shall have the right and privilege at all times to enter upon the VAM easement or any part thereof for the purposes and with all rights and privileges set forth herein. WITNESS my hand this the ____ day of ______________, 2023. ANNA INVESTMENTS, LLC ____________________________________ Dr. Richard Jelsma, Manager STATE OF TEXAS § COUNTY OF GRAYSON § Before me, the undersigned authority, a Notary Public in and for the County and State on this day personally appeared Dr. Richard Jelsma, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of ______________, 2023. _______________________________________________ Notary Public, State of Texas My Commission Expires: _______________________ PRELIMINARY REPLAT ONE ANNA TWO ADDITION LOTS 4R & 5, BLOCK A BEING A REPLAT OF ALL OF LOT 4, BLOCK A, ONE ANNA TWO ADDITION RECORDED IN INSTRUMENT NO. ________________ OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS 11.809 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS O W N E R ' S C E R T I F I C A T E STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS ANNA INVESTMENTS, LLC is the owner of those tracts of land situated in the W.S. Rattan Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being all of Lot 4, Block A of One Anna Two Addition, an addition to the City of Anna, Collin County, Texas according to the plat thereof recorded in Instrument No. __________________________, Official Public Records, Collin County, Texas; same being a portion of that tract of land conveyed to Anna Investments, LLC by deed recorded in Instrument No. 20180622000777080, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a TxDot concrete monument found for corner in the west right-of-way line of U.S. Highway No. 75 (a variable width right-of-way) at the northeast corner of said Lot 4; THENCE S 07° 37' 25" W, with said west right-of-way line, a distance of 1138.74 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner at the intersection of said west right-of-way line with the north right-of-way line of Suzie Lane (a 60-foot wide right-of-way) and the southeast corner of said Lot 3; THENCE with said north right-of-way line of Suzie Lane, the following courses and distances: N 82° 22' 35" W, a distance of 311.75 feet to an 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner at the beginning of a non-tangent curve to the left; In a southwesterly direction with said curve to the left, having a central angle of 09° 11' 41", a radius of 230.00 feet, a chord that bears N 86° 58' 24" W, a distance of 36.87 feet, and an arc length of 36.91 feet to a mag nail with washer stamped "VOTEX SURVEYING" set at the most southerly southwest corner of said Lot 4; THENCE N 07° 37' 25" E, departing said north right-of-way line of Suzie Lane and with the east line of Lot 2, Block A of said One Anna Two Addition, at a distance of 492.21 feet passing a 1/2-inch iron rod found for the northeast corner of said Lot 2 and the southeast corner of Lot 3R, Block A of first mentioned One Anna Two Addition, and continuing for a total distance of 768.62 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner; THENCE N 82° 26' 42" W, with the north line of said Lot 3R, a distance of 437.43 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for corner in the east right-of-way line of Standridge Boulevard (an 80-foot wide right-of-way) at the northwest corner of said Lot 3R; said point being the beginning of a non-tangent curve to the left; THENCE with said east right-of-way line of Standridge Boulevard, the following courses and distances: In a northeasterly direction with said curve to the left, having a central angle of 14° 41' 43", a radius of 780.00 feet, and a chord that bears N 05° 22' 38" E, a distance of 199.51 feet and an arc length of 200.05 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found at the end of said curve; N 01° 58' 14" W, a distance of 54.35 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" set at the northwest corner of said Lot 4; THENCE N 89° 04' 37" E, with the north line of said Lot 4, a distance of 811.82 feet to the POINT OF BEGINNING and containing 514,389 square feet or 11.809 acres of land, more or less. CERTIFICATE OF APPROVAL Approved on this the day of , 2023, by the City Council, City of Anna, Texas. Mayor City Secretary Item No. 5.l. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the S.E. Jenkins Estates, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Single-family dwelling, detached lot on 0.6± acre located on the north side of E. White Street, 740± feet east of S. Sherley Avenue. Zoned: SF-1 Single-Family Residential (SF-1). The purpose for the Final Plat is to dedicate easements and lot and block boundaries necessary for future development. Sec. 9.02.081 of the city’s Subdivision Regulations require right-of-way dedication typically from the centerline of the existing right-of-way. However, the applicant has stated that TXDOT will not require right-of-way dedication on his property due to right- of-way takings along the south side of E. White Street which will exceed the minimum right-of-way width as shown on the city’s Master Thoroughfare Plan. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to: a. Additions and/or alterations to the engineering plans as required by the Public Works Department; and b. Prior to recordation of the Final Plat, correspondence from TXDOT releasing the applicant from right-of-way dedication requirements along E. White Street. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. S.E. Jenkins Estates, Block A, Lot 1 Locator Map 2. RESOLUTION - (FP) S.E. Jenkins Estates, Block A, Lot 1 3. Exhibit A (STAMPED) - (FP) S.E. Jenkins Estates, Block A, Lot 1 E WHITE STSEASTOND R SMITH STE EIGHTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 100 20050 Feet June 2023 H:\Notification Maps\Notification Maps\ Final Plat - S.E. Jenkins Estates, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING S.E. JENKINS ESTATES, BLOCK A LOT 1, FINAL PLAT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Sam Elba Jenkins has submitted an application for the approval of S.E. Jenkins Estates, Block A, Lot 1, Final Plat; and WHEREAS, S.E. Jenkins Estates, Block A, Lot 1, Final Plat conforms to the existing zoning; and 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 S.E. Jenkins Estates, Block A, Lot 1, Final Plat attached hereto as Exhibit A subject to the following: •Additions and/or alterations to the engineering plans as required by the Public Works Department; and •Prior to recordation of the Final Plat, correspondence from TXDOT releasing the applicant from right-of-way dedication requirements along E. White Street. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 5.m. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Skyway Towers Addition, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) SUMMARY: One lot on 1.6± acres located on the west side of Keith Lane, 1,180± feet northwest of County Road 419. Located in the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Development Plat is in conformance with the city’s Subdivision Regulations. The Planning and Zoning Commission recommended approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Skyway Towers Addition, Block A, Lot 1 Locator Map 2. RESOLUTION (DP) Skyway Towers Addn, BL A, Lt 1 3. Exhibit A (DP) Skyway Towers Addn, BL A, Lt 1 COUNTY ROAD 419 CEDAR MEADOW DR KEITH LN Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Development Plat - Skyway Towers Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT OF SKYWAY TOWERS ADDITION, BLOCK A, LOT 1. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) of the Anna City Code of Ordinances; and WHEREAS, William & Mary Enox, has submitted an application for approval of a Development Plat of Skyway Towers Addition, Block A, Lot 1 attached hereto as Exhibit A; and WHEREAS, The Development Plat conforms to the city’s Subdivision Regulations; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat The City Council hereby approves the Development Plat subject to additions and/or alterations as required by the on-site sewage facility review by Collin County Development Services. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Guinn Morrison SurveyAbstract No. 559Collin County, TexasCedar MeadowRV ParkG. Stark SurveyAbstract No. 798Collin County, TexasLEGAL DESCRIPTIONHelvey-Wagner Surveying, Inc.Development Plat ofAbstract No. 559Guinn Morrison Surveyin theAdditionLot 1, Block ACollin County, TexasDate of Revision: June 15, 2023Skyway Towers1.573 AcresWilliam Enox and Mary EnoxOwners162 N. Meadowbrook DrivePottsboro, Texas 75076Skyway TowersDevelopers3637 Madaca LaneTampra, FL 3361868,526 Square Feet“”“”LEASE AREAEXHIBIT A Item No. 5.n. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Zee Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Single-family dwelling, detached lot on 0.2± acre located at the northwest corner of E. Seventh Street and S. Easton Drive. Zoned: SF-1 Single-Family Residential District. The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. ISSUES: The applicant desires to construct a single-family residence on an existing, unplatted lot. Prior to new construction and a building permit being approved, a property must be brought up to code including being platted. As part of the Final Plat application, the applicant is requesting waivers from adopted city standards located within §9.02.084 and §9.02.087 of the Subdivision Regulations and §9.04.010 & Appendix 1 of the Zoning Ordinance: §9.02.084 - (c) Computation of lot and buildable area. A lot’s area shall be computed inclusive of all easements. However, there shall be a minimum buildable area, exclusive of required easements, buffer zones and setbacks for each lot. The minimum buildable area shall be an area 1/2 of the required minimum lot size. If the city disputes the buildable area of any lot, the developer shall submit verification in writing that the buildable area is adequate for the type of housing product (or nonresidential building) proposed for that lot. Final approval of the allowed buildable area for any lot shall be by the city. • The minimum lot size of the zoning district is 7,200 square feet, which requires a buildable area of 3,600 square feet. • The existing lot is 6,503 square feet. • With the required setbacks (25’ front and rear, 6.5 side, and 15’ corner side) before the right-of-way dedication, there would be a buildable area of 1,972 square feet. • The applicant has stated that 1,972 square feet is sufficient for the proposed single-family dwelling, detached. §9.02.087 - (a) Requirements of the zoning district if applicable. Lots shall conform to the minimum requirements of the established zoning district, if located within the city’s corporate limits. §9.04.010 & Appendix 1 - 1. Minimum Front Yard Setback (feet): 25 2. Minimum Lot Depth (feet): 120 3. Lot area (feet): 7200 • The existing lot depth is 87± feet and lot area is 6,503 square feet. • After the required right-of-way dedication, the lot depth will be 76± feet and the lot area will be approximately 5,761± square feet. • Due to the requirement for right-of-way dedication, implementing a 25-foot setback from the new property line would make the buildable area even smaller. The applicant is requesting to reduce the front yard setback to 15 feet. As outlined in Section 9.04.042 (Board of adjustment) of the Zoning Ordinance, the Board of Adjustment has the authority to permit variances “from the terms of the Zoning Ordinance that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done.” The approval of the Final Plat simply allows the applicant to move forward and submit the variance request, which will then follow the normal process with the Board of Adjustment. If the Board of Adjustment does not approve the requested variance, the applicant will be restricted to the SF-1 Single-Family Residential District regulations as written in the Zoning Ordinance. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is recommended for approval. The Planning & Zoning Commission recommended approval subject to the Board of Adjustment granting a variance to allow a reduced front yard setback and approval of the plat for the existing conditions not meeting the minimum lot depth, lot area, and buildable area. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Zee Addition, Block A, Lot 1 Locator Map 2. RESOLUTION - (FP) Zee Addition, Block A, Lot 1 3. Exhibit A (STAMPED) - (FP) Zee Addition, Block A, Lot1 E SEVENTH ST SEASTONDRWORTHAM STE SIXTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 100 20050 Feet June 2023 H:\Notification Maps\Notification Maps\ Final Plat - Zee Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ZEE ADDITION, BLOCK A, LOT 1, FINAL PLAT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Zeeshan Hameed & Sharon Carroll Smith have submitted an application for the approval of Zee Addition, Block A, Lot 1, Final Plat; and WHEREAS, Zee Addition, Block A, Lot 1, is an existing tract of land that has never previously been platted; and 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 Zee Addition, Block A, Lot 1, Final Plat attached hereto as Exhibit A subject to the Board of Adjustments granting a variance to allow for a reduced front yard setback and approval of the plat for the existing conditions not meeting the minimum lot depth, lot area, and buildable area. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike SEVENTH STREETEASTON STREET S 88° 34' 57" E 75.16'N 01° 06' 25" E 87.08'N 88° 43' 20" W 74.34'S 01° 38' 48" W 86.90'LOT 1, BLOCK APAGE 1 OF 1OWNER'S CERTIFICATESTATE OF TEXASCOUNTY OF COLLIN OWNER:ZEESHAN HAMEEDSHANNON CARROLL SMITH229 E. SEVENTH STREETANNA, TX 75409FINAL PLATZEE ADDITIONLOT 1, BLOCK A0.149 ACRES SITUATED IN THEGWYNN MORRISON SURVEY, ABSTRACT NO. 559CITY OF ANNA, COLLIN COUNTY, TEXASMAY 13, 20233615 KARNAGHAN LANEMELISSA, TEXAS 75454TEL:(972) 946-4172TBPELS NO. 10194713ANEL RODRIGUEZ, RPLSarodriguez@arasurveying.comNSURVEYOR'S CERTIFICATEKNOW ALL MEN BY THESE PRESENT:STATE OF TEXASCOUNTY OF COLLINCERTIFICATE OF APPROVALSTATE OF TEXASCOUNTY OF COLLINLOT 1, BLOCK A, ZEEADDITIONSTATE OF TEXASCOUNTY OF COLLIN Item No. 5.o. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Arden Park Phase 2, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: 24 Single-family dwelling, attached lots and 31 single-family dwelling, detached lots on 7.4± acres located on the west side of West Crossing Boulevard, 330± feet south of W. White Street. Zoned Planned Development (Ord. No. 961-2022 & Ord. No. 1009-2022). The purpose of the Final Plat is to dedicate rights-of-way, lot and block boundaries, and easements necessary for the single-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Arden Park, Phase 2 Final Plat Locator Map 2. RESOLUTION - (FP) Arden Park Phase 2 3. Exhibit A (STAMPED) - (FP) Arden Park Phase 2 MIMOSA DRSHERWOOD DRCEDARCREEKDRBAMBOO DR W WHITE ST SLATERCREEKRDBUFFALO BILL DRBUTCHCASSIDY DRSTONERIDGEDRDURHAM DR BROOKVIEWCTDOGWOOD DRSFERGUSONPKWYBRIDGEPORT DR WESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRALDER DR BRENTFIELD DR WESTFIELD DRDOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRWESTCROSSINGBLVDSCopyright nearmap 2015 City Limits ETJ Subject Property ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Final Plat - Arden Park, Phase 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK PHASE 2, FINAL PLAT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Arden Park Owner TX, LLC, a Delaware Limited Liability Company has submitted an application for the approval of Arden Park Phase 2, Final Plat; and WHEREAS, Arden Park Phase 2, Final Plat conforms to the existing zoning; and 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 Arden Park Phase 2, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.L E G E N DLUX2021310780FINAL PLATARDEN PARKPROJECTSITE 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.LUX2021310780”“”””“”””“”””“”””“”””“”””“”””“”””“”””“”””“”””“”””“”””“”””“”””“””””“”””“””””“”””“”””“”””“”””””“”“”“” PROJECTSITEFINAL PLATARDEN PARK Item No. 5.p. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Salena Tittle AGENDA ITEM: Approve a Resolution regarding the Arden Park Phase 2, Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: 24 Single-family dwelling, attached lots and 31 single-family dwelling, detached lots on 7.4 acres located on the west side of West Crossing Boulevard, 330± feet south of W. White Street. Zoned Planned Development (Ord. No. 961-2022 & Ord. No. 1009-2022). The purpose of the Site Plan is to show the proposed single-family residential development site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Arden Park, Phase 2 Site Plan Locator Map 2. RESOLUTION - (SP) Arden Park Phase 2 3. Exhibit A (STAMPED) - (SP) Arden Park Phase 2 MIMOSA DRSHERWOOD DRCEDARCREEKDRBAMBOO DR W WHITE ST SLATERCREEKRDBUFFALO BILL DRBUTCHCASSIDY DRSTONERIDGEDRDURHAM DR BROOKVIEWCTDOGWOOD DRSFERGUSONPKWYBRIDGEPORT DR WESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRALDER DR BRENTFIELD DR WESTFIELD DRDOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRWESTCROSSINGBLVDSCopyright nearmap 2015 City Limits ETJ Subject Property ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Site Plan - Arden Park, Phase 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK PHASE 2, SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Arden Park Owner TX, LLC, a Delaware Limited Liability Company has submitted an application for the approval of Arden Park Phase 2, Site Plan; and 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 Arden Park Phase 2, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of Juy, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike TRACT 1 TRACT 2TRACT 1TRACT 1TRACT 2TRACT 2TRACT 1TRACT 2West White StreetSlater Creek Road - Private Road Ben's Drive Westfield Drive Hazels Drive W. Crossing Blvd.SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc. ARDEN PARK PHASE 2 L E G E N D Item No. 5.q. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding an amendment to the Woods at Lindsey Place Development Agreement. (Director of Development Services Ross Altobelli) SUMMARY: At the Tuesday, July 11, 2023 City Council meeting, the council recommended approving amendments to the multifamily building material requirements contained within the original Woods at Lindsey Place Development Agreement (Resolution 2020- 11-813A.). Based on feedback received from Council members, the applicant has updated Exhibit 1 to include additional elevations to further diversify the proposed "casita" building product. REQUEST: For "Casita" building types, at least seventy five percent (75%) of the building frontage, excluding doors and windows, shall utilize both brick and stone masonry products, with each structure maintaining an overall . Each structure shall maintain an overall minimum masonry percentage of 30%. Building elevations will be in substantial conformance with Exhibit 1. EXISTING DA LANGUAGE: All multi-family buildings and structures shall have at least sixty percent (60%), for the first three stories of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas (should be allowed as plane break), constructed of masonry (brick/rock veneer) materials with no more than forty percent (40%) consisting of cementitious siding (Hardie products) or stucco materials. RECOMMENDATION: Recommend the City Council amend the Development Agreement to add language that was presented and included within the City Council information packet on Tuesday, July 11, 2023. Multiple-Family Residence Buildings – two-unit structures A. Building elevations will be in substantial conformance with Exhibit 1. B. The exterior walls (excluding windows and doors) on the front elevation of any structure shall be 75 percent masonry. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 30 percent masonry. Each structure shall be deemed to have only one front elevation. C. Second floor Dutch gable roof elements are not required to be masonry. D. Roofing materials of a structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25- year warranty. Under no circumstance shall three-tab shingles be used as roofing material. E. Roofs: i. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) unless the peak created is higher than the peak of the main roofline, then the slope may be reduced to a minimum 4” x 12”. Pitched roofs shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". ii. Roofing materials of any structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three-tab shingles be used as roofing material. F. Building articulation: At least four (4) facade articulation techniques are required on each unit to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation: i. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.). ii. Balconies. iii. Bay windows. iv. Masonry chimney(s). v. Double-entry door(s). vi. Covered Entry(ies) vii. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. viii. Front porch of at least 50 square feet. ix. The installation of at least two (2) coach lights. x. Other techniques for building articulation can be substituted if administratively approved by the administrative official. xi. Notwithstanding anything herein to the apparent contrary, the elevations in Exhibit 4 attached hereto are approved by the City and any and all structures constructed in accordance with such elevations shall be deemed to satisfy all applicable requirements of this Section 2 as relates to the materials and other features of said elevations. G. Fenestration: i. Windowless exterior walls that face a travel way or other similar highly visible areas are prohibited. On two-story structures, windows are required on either the first or second story facing a travel way. ii. Windows shall be in harmony with and proportionate to the rest of the structure. iii. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The original Development Agreement was approved on November 10, 2020 as part of the Woods at Lindsey Place master panned community. The current building material requirements for multiple-family residence buildings are for typical mid-rise multiple-family residence buildings. The applicant is proposing to construct a one and two-story "casita" product that will consist of individual units with one, two, and three bedrooms. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Res 2nd Amendment - DA (The Woods at Lindsey Place) 2. Ascend at Lindsey Place - Building Material Modification Request 3. Exhibit 1 with Exhibit A - 2nd Amended DA (The Woods at Lindsey Place) 4. Exhibit B Elevations 5. Recorded DA - Lindsey Place (Harlow) 6. Approved Site Plan - DHI Anna, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT WITH D.R. HORTON – TEXAS, LTD., RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI- USE DEVELOPMENT LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF FUTURE ROSAMOND PARKWAY AND FUTURE FERGUSON PARKWAY. WHEREAS, D.R. HORTON – TEXAS, Ltd., a Texas Limited Partnership (the “Developer”), is the Property Owner of 275 acres of real estate located at the northwest and southwest corners of future Rosamond Parkway and future Ferguson Parkway (the “Property”); and WHEREAS, the Developer desires to change certain development standards and building materials requirements for the multiple family portions of the Property; and WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) has found that the requested changes are reasonable and should be made; 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 Second Amendment to Development Agreement and to the Woods At Lindsey Place Subdivision Improvement Agreement, attached hereto as Exhibit 1, and ratifies and approves the Interim City Manager’s execution of the same. The Interim City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce said second amendment. PASSED by the City Council of the City of Anna, Texas, on this 25th day of July 2023. ATTESTED: APPROVED: ________________________________ ________________________________ Carrie L. Land, City Secretary Nate Pike, Mayor BUILDING MATERIAL MODIFICATION REQUEST: Res 2020-11-813A: June 30, 2023 Ascend at Lindsey Place Anna City Council, DHI Communities is excited about bring our first stand alone “Casita” project in Texas to Anna. We currently have approved building plans for the first of three phases as a part of the Woods at Lindsey Place master planned community, which would be a 130 unit community of casita style homes. We are writing to request a Building Material Modification for this first phase. After reviewing our initial exterior design, we decided that we would like to change the elevations from what was initially proposed. The two main reasons for this were to first align our product more closely with what DR Horton is building on the For Sale side of the master planned community, and to also provide a more cost effective offering that will allow for affordable, Class A rental product. We are asking to lower the overall masonry percentage to 30%, while increasing the frontage requirement to 75%. As you can see on the proposed elevations, we would like to utilize both brick and stone for a classic Texas aesthetic. The actual product selection will be similar to what the SF team is using next door, so that there is a more cohesive feel to the overall community. Additionally, 3 of the 4 front facades would be 100% masonry, which is a 40% increase to what the current DA requires. We think this will really allow the homes to stand out with great curb appeal. We believe that these elevations and product selections will deliver to Anna a first-class product that the city, and DHI Communities, will be incredibly proud of. Please let us know if you have any additional questions. We appreciate your time and thoughtful review of our request. Regards, Andrew Wiley VP Development - DHI Communities Cc: Ross Altobelli SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT PAGE 1 Error! Unknown document property name. SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT This Second Amendment to Development Agreement and to the Woods at Lindsey Place Subdivision Improvement Agreement (this “Second Amendment”) is entered effective as the _____ day of _______________ between the City of Anna, Texas, a Texas home-rule municipality (the “City”) and D. R. Horton – Texas, Ltd., a Texas limited partnership (“Developer”) as follows: RECITALS WHEREAS, effective November 10, 2020, the City and LHJH Properties, LTD., a Texas limited partnership (the “Previous Owner”) entered into a Development Agreement (the “Original Agreement”) applicable to the approximately 275 acres described in the attached Exhibit A (the “Property”); and WHEREAS, capitalized terms in this Amendment having the meanings assigned in the Original Agreement, unless otherwise expressed in this Amendment; and WHEREAS, the Original Agreement governs certain aspects of the development of the Property; and WHEREAS, on or about February 10, 2021, the Previous Owner sold the Property to the Developer; and WHEREAS, under the terms of the Original Agreement, the sale of the Property to the Developer resulted in the Developer assuming all of the Previous Owner’s rights and obligations under the Original Agreement and the Previous Owner being fully released from the Original Agreement; and, SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 Error! Unknown document property name. WHEREAS, in conjunction with Developer’s acquisition of the Property, Developer and the City entered into that certain the Woods At Lindsey Place Subdivision Improvement Agreement, recorded as Document No. 20210225000374510 in the Real Property Records (the “Subdivision Improvement Agreement”); and WHEREAS, the Original Agreement and the Subdivision Improvement Agreement were amended on or about January 24, 2023 under City of Anna Resolution 2023-01-1361 in that certain First Amendment to Development Agreement and to The Woods at Lindsey Place Subdivision Improvement Agreement (the “First Agreement”) WHEREAS, this Second Amendment amends the First Amendment and Original Agreement only with respect to certain Development Standards and Building Materials requirements for multiple-family residence buildings within the area of the Property where MF-2 Multiple-Family Residential – High Density development is permitted under the Planned Development-Multi-Use zoning applicable to the Property; and WHEREAS, Developer understands and acknowledges that the obligations undertaken under this Amendment are primarily for the benefit of the Property; and WHEREAS, Developer understands and acknowledges that its acceptance of this Second Amendment is not an exaction or a concession demanded by the City but rather is an undertaking of Developer’s voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Developer’s development of the Property; and WHEREAS, this Second Amendment amends the Original Agreement (as amended by the First Amendment) only to the extent set forth herein and all terms of the Original Agreement (as amended by the First Amendment) not expressly amended by this Second Amendment or in direct or indirect conflict with this Second Amendment shall remain in full force and effect. WHEREAS, this Second Amendment also amends the Subdivision Improvement Agreement (as amended by the First Amendment) only to the extent set forth herein, and only as to the Property, and all terms of the Subdivision Improvement Agreement (as amended by the First Amendment) not expressly amended by this Second Amendment or in direct or indirect conflict with this Second Amendment shall remain in full force and effect; 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: SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 Error! Unknown document property name. ARTICLE 1. RECITALS The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Amendment and said recitals constitute representations by Developer and the City. ARTICLE 2. AMENDMENT Notwithstanding any provision of the Original Agreement (as amended by the First Amendment) and notwithstanding any provision of the Subdivision Improvement Agreement (as amended by the First Amendment), a new subsection titled “Multi-Family Residence Building – two unit structures” shall be added to the existing provisions under Section 2 of the Original Agreement directly under the provisions of the existing subsection which bears the subheading “Multiple-Family Residence Buildings” and the additional provisions added to the Original Agreement shall only apply to the 130 units of the “casita style homes” to be constructed in the first phase (the “Casita Two-Unit Structures”. Those additional provisions governing the development and building of the Casita Two-Unit Structures are set forth in Exhibit A and the permitted Elevations of the Casita Two-Unit Structures are depicted in Exhibit B. ARTICLE 3. EXHIBITS Exhibit A and Exhibit B referenced above are incorporated into the Original Agreement in full for all purposes and Exhibit B shall also be deemed to be attached to the Original Agreement. ARTICLE 4. SAVINGS Except as expressly amended by this Second Amendment, the Original Agreement (as amended by the First Amendment) and the Subdivision Improvement Agreement (as amended by the First Amendment) are not amended, altered or otherwise modified and shall remain in full force and effect. [Signature page(s) follow.] SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4 Error! Unknown document property name. CITY OF ANNA, TEXAS By: ________________________________ Ryan Henderson, Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ______ day of ______________ 2023, appeared Ryan Henderson, 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 Interim City Manager of the City of Anna, Texas. ______________________________ Notary Public, State of Texas SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT PAGE 5 Error! Unknown document property name. D.R. HORTON – TEXAS, LTD., a Texas limited partnership By: D.R. Horton, Inc. a Delaware corporation, its authorized agent By: __________________________ David L. Booth, its Assistant Vice President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ____ day of _____________ 2023, appeared David L. Booth known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same in his/her capacity as Assistant Vice President of D.R. HORTON, Inc., a Delaware corporation, in its capacity as authorized agent and general partner of D.R. HORTON – TEXAS, Ltd., a Texas limited partnership. _____________________________ Notary Public, State of Texas EXHIBIT A Provisions added to Original Agreement Error! Unknown document property name. Multiple-Family Residence Buildings – two-unit structures A. Building elevations will be in substantial conformance with Exhibit 1. B. The exterior walls (excluding windows and doors) on the front elevation of any structure shall be 75 percent masonry. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 30 percent masonry. Each structure shall be deemed to have only one front elevation. C. Second floor Dutch gable roof elements are not required to be masonry. D. Roofing materials of a structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three-tab shingles be used as roofing material. E. Roofs: i. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) unless the peak created is higher than the peak of the main roofline, then the slope may be reduced to a minimum 4” x 12”. Pitched roofs shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". ii. Roofing materials of any structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three-tab shingles be used as roofing material. F. Building articulation: At least four (4) facade articulation techniques are required on each unit to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation: EXHIBIT A Provisions added to Original Agreement Error! Unknown document property name. i. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.). ii. Balconies. iii. Bay windows. iv. Masonry chimney(s). v. Double-entry door(s). vi. Covered Entry(ies) vii. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. viii. Front porch of at least 50 square feet. ix. The installation of at least two (2) coach lights. x. Other techniques for building articulation can be substituted if administratively approved by the administrative official. xi. Notwithstanding anything herein to the apparent contrary, the elevations in Exhibit 4 attached hereto are approved by the City and any and all structures constructed in accordance with such elevations shall be deemed to satisfy all applicable requirements of this Section 2 as relates to the materials and other features of said elevations. G. Fenestration: i. Windowless exterior walls that face a travel way or other similar highly visible areas are prohibited. On two-story structures, windows are required on either the first or second story facing a travel way. ii. Windows shall be in harmony with and proportionate to the rest of the structure. iii. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater. EXHIBIT B Elevations Error! Unknown document property name. REVIEW DRAWING ONLY - not released for construction. Any reproduction, reuse or disclosure by any method, in whole or part, is prohibited. These drawings and specifications contain proprietary information belonging to STRAND. COPYRIGHT © 2017 STRANDSTRAND7/18/2023 3:39:19 PM Q:\PROJECTS\CASITAS\CLIENTS\DHI\DHI ANNA (ASCEND AT LINDSEY PLACE)\DRAWINGS\REVIT\02 CASITAS\DUPLEX B1\ISSUE 6\DHI ANNA CASITA_DUPLEX B1_V3_2023-07-13 - NO STRUCTURAL CHANGE.rvt07.17.2023ASCEND AT LINDSEY PLACESCHEMATIC ELEVATION DHI COMMUNITIES DHI COMMUNITIES23293121/4" = 1'-0"2RIGHT ELEVATION1/4" = 1'-0"1FRONT ELEVATION1/4" = 1'-0"4LEFT ELEVATION1/4" = 1'-0"3REAR ELEVATION100% MASONRY @ FRONT 40% MASONRY OVERALL REVIEW DRAWING ONLY - not released for construction. Any reproduction, reuse or disclosure by any method, in whole or part, is prohibited. These drawings and specifications contain proprietary information belonging to STRAND. COPYRIGHT © 2017 STRANDSTRAND7/18/2023 3:56:16 PM Q:\PROJECTS\CASITAS\CLIENTS\DHI\DHI ANNA (ASCEND AT LINDSEY PLACE)\DRAWINGS\REVIT\02 CASITAS\DUPLEX B1\ISSUE 6\DHI ANNA CASITA_DUPLEX B1_V3_2023-07-13 - NO STRUCTURAL CHANGE.rvt07.17.2023ASCEND AT LINDSEY PLACESCHEMATIC ELEVATION B DHI COMMUNITIES DHI COMMUNITIES23293121/4" = 1'-0"1FRONT ELEVATION1/4" = 1'-0"4LEFT ELEVATION1/4" = 1'-0"3REAR ELEVATION1/4" = 1'-0"2RIGHT ELEVATION83% MASONRY @ FRONT 37% MASONRY OVERALL 75 % MASONRY @ FRONT30 % MASONRY OVERALLREVIEW DRAWING ONLY - not released for construction. Any reproduction, reuse or disclosure by any method, in whole or part, is prohibited. These drawings and specifications contain proprietary information belonging to STRAND. COPYRIGHT © 2017 STRANDSTRAND7/18/2023 3:37:49 PM Q:\PROJECTS\CASITAS\CLIENTS\DHI\DHI ANNA (ASCEND AT LINDSEY PLACE)\DRAWINGS\REVIT\02 CASITAS\DUPLEX B2\ISSUE 6\DHI ANNA CASITA_DUPLEX B2_2023-07-14.rvt07.17.2023ASCEND AT LINDSEY PLACESCHEMATIC ELEVATION DHI COMMUNITIES DHI COMMUNITIES23293121/4" = 1'-0"1FRONT ELEVATION1/4" = 1'-0"2RIGHT ELEVATION1/4" = 1'-0"3REAR ELEVATION1/4" = 1'-0"4LEFT ELEVATION REVIEW DRAWING ONLY - not released for construction. Any reproduction, reuse or disclosure by any method, in whole or part, is prohibited. These drawings and specifications contain proprietary information belonging to STRAND. COPYRIGHT © 2017 STRANDSTRAND7/18/2023 3:37:52 PM Q:\PROJECTS\CASITAS\CLIENTS\DHI\DHI ANNA (ASCEND AT LINDSEY PLACE)\DRAWINGS\REVIT\02 CASITAS\DUPLEX B2\ISSUE 6\DHI ANNA CASITA_DUPLEX B2_2023-07-14.rvt07.17.2023ASCEND AT LINDSEY PLACESCHEMATIC ELEVATION B DHI COMMUNITIES DHI COMMUNITIES23293121/4" = 1'-0"1FRONT ELEVATION1/4" = 1'-0"2RIGHT ELEVATION1/4" = 1'-0"3REAR ELEVATION1/4" = 1'-0"4LEFT ELEVATION75% MASONRY @ FRONT 34% MASONRY OVERALL REVIEW DRAWING ONLY - not released for construction. Any reproduction, reuse or disclosure by any method, in whole or part, is prohibited. These drawings and specifications contain proprietary information belonging to STRAND. COPYRIGHT © 2017 STRANDSTRAND7/18/2023 3:40:21 PM Q:\PROJECTS\CASITAS\CLIENTS\DHI\DHI ANNA (ASCEND AT LINDSEY PLACE)\DRAWINGS\REVIT\02 CASITAS\DUPLEX B3\ISSUE 5\DHI ANNA CASITA_DUPLEX B3_V2_2023-06-17.rvt07.17.2023ASCEND AT LINDSEY PLACESCHEMATIC ELEVATION DHI COMMUNITIES DHI COMMUNITIES23293121/4" = 1'-0"2RIGHT ELEVATION1/4" = 1'-0"1FRONT ELEVATION1/4" = 1'-0"4LEFT ELEVATION1/4" = 1'-0"3REAR ELEVATION100% MASONRY @ FRONT42% MASONRY OVERALL REVIEW DRAWING ONLY - not released for construction. Any reproduction, reuse or disclosure by any method, in whole or part, is prohibited. These drawings and specifications contain proprietary information belonging to STRAND. COPYRIGHT © 2017 STRANDSTRAND7/18/2023 3:40:25 PM Q:\PROJECTS\CASITAS\CLIENTS\DHI\DHI ANNA (ASCEND AT LINDSEY PLACE)\DRAWINGS\REVIT\02 CASITAS\DUPLEX B3\ISSUE 5\DHI ANNA CASITA_DUPLEX B3_V2_2023-06-17.rvt07.17.2023ASCEND AT LINDSEY PLACESCHEMATIC ELEVATION B DHI COMMUNITIES DHI COMMUNITIES23293121/4" = 1'-0"1FRONT ELEVATION1/4" = 1'-0"2RIGHT ELEVATION1/4" = 1'-0"3REAR ELEVATION1/4" = 1'-0"4LEFT ELEVATION100% MASONRY @ FRONT42% MASONRY OVERALL Type BMHType BMHSITE PLAN DHI ANNA IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS E. WITT SURVEY ABSTRACT NO. 997 LOT 1, BLOCK A 509,490 Sq. Ft./11.696 Acres S N W E LOCATION MAP M A T C H L I N E SHT. 2 C0.5 Type BMHType BMHType BMHSITE PLAN DHI ANNA IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS E. WITT SURVEY ABSTRACT NO. 997 LOT 1, BLOCK A 509,490 Sq. Ft./11.696 Acres S N W E M A T C H L I N E SHT. 1 C0.6 Item No. 5.r. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Joey Grisham AGENDA ITEM: Approve a Resolution adopting a Chapter 380 Agreement with Megatel AnaCapri, LLC. (Director of Economic Development Joey Grisham) SUMMARY: This item was approved at the June 27th Meeting but the developer requested that the entity name be changed. This resolution also rescinds the previous resolution. FINANCIAL IMPACT: The projection is that the City will receive approximately $3,800,000 over the course of the agreement. BACKGROUND: As a part of the AnaCapri Development Agreement with Megatel, the company agreed to enter into a Chapter 380 Agreement with the city and purchase construction materials using a Texas Direct Payment Permit to generate local sales tax for the City of Anna. It will be divided up as follows: 65% to the city and 35% to the developer. Similar agreements have been approved in the past with Bloomfield Homes, First TexasHomes, and Riverside East Homebuilders. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: 1. Anacapri 380 Resolution C20012D20230712CR1 2. Ch 380 Agreement Anacapri-2 Page 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A CHAPTER 380 AGREEMENT WITH MEGATEL ANACAPRI, LLC AND RESCINDING RESOLUTION NO. 2023-06-1459 WHEREAS, the City Council of the City of Anna, Texas and Megatel AnaCapri, LLC desire to enter into a Chapter 380 Agreement as contemplated in the Development Agreement approved on October 12, 2021 between the City of Anna, Texas (the “City”) and Anacapri Laguna Azure, LLC; and WHEREAS, the City is authorized to apportion certain portions of sales tax under Chapter 380 of the Texas Local Government Code as part of a direct payment program under 34 TAC §  3.288; and WHEREAS, the City was supplied with the incorrect entity name of the other party to said Chapter 380 Agreement and this resolution is intended to correct the entity name and rescind Resolution No. 2023-06-1459 adopted by the City on June 27, 2023; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. Findings. The findings set forth above are incorporated herein for all purposes as if set forth in full. SECTION 2. Approval of Project and Agreement; Previous Resolution Rescinded On June 27, 2023, the City Council of the City of Anna, Texas adopted Resolution No. 2023-06-1459 approving a Chapter 380 Agreement between the City and AnaCapri Laguna Azure, LLC. The City hereby rescinds Resolution No. 2023-06-1459 in its entirety and declares the Chapter 380 Agreement with Anacapri Laguna Azure, LLC entered into under said resolution to be null and void. The City Council further approves the Chapter 380 Agreement with Megatel Anacapri, LLC, attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the Mayor Pro Tem to execute the same on its behalf, subject to approval as to form by legal counsel for the City, said Agreement to be effective upon its passage and as set forth in said Agreement. SECTION 3. Administration The City hereby authorizes the City Manager or his designee to administer the Agreement. [EXECUTION PAGE FOLLOWS] Page 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on this the 25th day of July 2023. Lee Miller, Mayor Pro Tem ATTEST: Carrie L. Land, City Secretary CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC - PAGE 1 017871.000009\4856-1770-3786.v2 CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND MEGATEL ANACAPRI, LLC This CHAPTER 380 GRANT AGREEMENT ("Agreement") is made by and between The City of Anna, Texas ("City", also referred to as "Grantor") and MEGATEL ANACAPRI, LLC, a Texas limited liability company (the "Company" as defined below), acting by and through their respective authorized officers and representatives. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has investigated and determined that it is in the best interest of the City and its citizens to encourage programs, including programs for making loans and grants of public money to promote local economic development and stimulate business and commercial activity in the City pursuant to Chapter 380, Texas Local Government Code, as amended ("Chapter 380"); and WHEREAS, the Company will be engaged in the business of purchasing building materials for its use on construction projects within the City; and WHEREAS, the Company has advised that it would like to partner with the City, and that a contributing factor that would induce the Company to purchase items using a Texas Direct Payment Permit and generate economic development and local use tax revenue for the City, that would otherwise not be available to the City, would be an agreement by the Grantor to provide an economic development grant to the Company; and WHEREAS, the Company desires to purchase and use new building materials within the City that will generate additional economic development and use tax revenue for the City; and WHEREAS, the City Council has investigated and determined that the Company meets the criteria for providing the grants (hereinafter defined), pursuant to Chapter 380, based on, among other things, the Company: (i) acquiring properties for development, and constructing improvements; (ii) adding taxable improvements to real property in the City; and (iii) creating employment opportunities for the citizens of Anna ("Approved Project"); and WHEREAS, the City has concluded that the Approved Project qualifies for a Grant under Chapter 380; and WHEREAS, with the approval of this Agreement, the City hereby establishes a program authorized by Chapter 380 to encourage and induce the generation of local use tax; and WHEREAS, the Grantor has determined that making an economic development grant to the Company in accordance with this Agreement will further the objectives of the Grantor, will benefit the City and the City’s inhabitants and will promote local economic development and stimulate business and commercial activity in the City; NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows: CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 2 017871.000009\4856-1770-3786.v2 ARTICLE I DEFINITIONS 1.01 For purposes of this Agreement, each of the following terms shall have the meaning set forth herein unless the context clearly indicates otherwise: "City" and "Grantor" shall mean The City of Anna, Texas. "Company" shall mean Megatel Anacapri, LLC, a Texas limited liability company and its subsidiaries and affiliates associated with the Approved Project. "Effective Date" shall mean July 1, 2023. "Direct Payment Permit" also referred to herein as a "Texas Direct Payment Permit" shall mean that permit issued by the State of Texas authorizing Company to self-assess and pay applicable state and local use taxes directly to the State of Texas related to selected portions of Company’s taxable purchases. Texas Rule 3.288 of the Texas Administrative Code defines the requirements and responsibilities of Texas Direct Payment Permit holders along with any amendments, permutations, or recodifications of such Code or Rules whether renaming such permits or otherwise modifying such provisions. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination (other than a dissolution or termination by reason of a party merging with an affiliate) of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) business days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against a party and in the event such proceeding is not voluntarily commenced by the party, such proceeding is not dismissed within ninety (90) business days after the filing thereof. "Force Majeure" shall mean any delays due to strikes, riots, acts of God, shortages of labor or materials, war, terrorism, governmental approvals, laws, regulations, or restrictions, or any other cause of any kind whatsoever which is beyond the reasonable control of the party. "Program" shall mean the economic incentive program established by the City pursuant to Chapter 380 of the Texas Local Government Code together with any amendments, permutations, or recodifications of such Code provisions whether renaming such economic incentive or other modifications thereof. "Program Grant" shall mean the periodic payments paid by the City to the Company in accordance with Section 3 of this Agreement. “Grant Period” shall mean consecutive six (6) month periods during the term of this Agreement, except that the first Grant Period shall begin on the Effective Date and continue through and include the last day of the month of the sixth (6th) month following the CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 3 017871.000009\4856-1770-3786.v2 Effective Date. For illustration purposes, assume the Effective Date is July 1, 2023 then the first Grant Period would begin on July 1, 2023 and continue through and include December 31, 2023. The next Grant Period would begin on January 1, 2024 and continue through and include June 31, 2024. The final Grant Period for the initial 20-year term of this Agreement would be from January 1, 2043 and end on June 30, 2043. "Taxable Items" shall have the same meaning assigned by Sections 151.010 and 151.0101, TEX. TAX CODE, as amended, and shall include materials used for homebuilding and for constructing Authorized Improvements (as defined in Chapter 372, Texas Local Government Code) and similar type facilities. "Impositions" shall mean all use taxes that may be imposed by public or governmental authority on the Company or any taxable items purchased and used by Company within the City. "Use Tax Receipts" shall mean the Grantor’s net receipts from the State of Texas from the collection of one and one-quarter percent (1.25%) general City use tax imposed by the City pursuant to Chapter 321 of the Texas Tax Code, attributed to the collection of use tax by Company associated with the issuance of Company’s Texas Direct Payment for Taxable Items used or consumed in the City. "Use Tax Certificate" shall mean a certificate or other statement in a form reasonably acceptable to the Grantor setting forth the Company’s collection of use tax imposed by and received by the Grantor from the State of Texas, for the use of Taxable Items by Company in the City for the applicable calendar month during a Grant Period which are to be used to determine Company’s eligibility for a Grant, together with such supporting documentation required herein, and as Grantor may reasonably request. ARTICLE II TERM 2.01 Term. The term of this Agreement shall begin on the Effective Date and continue for a twenty (20) year period. 2.02 This Agreement shall remain in effect until Grantor has made the Program Grants set forth in Section 3 of the Agreement, or until otherwise terminated under the provisions of this Agreement. 2.03 This Agreement may be extended for an additional period of time on terms mutually acceptable to both parties by a written agreement executed by both parties. ARTICLE III ECONOMIC DEVELOPMENT GRANT 3.01 Grant. Subject to the Company’s continued compliance of all the terms and conditions of this Agreement, the Grantor agrees to provide Company with an economic CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 4 017871.000009\4856-1770-3786.v2 development grant from lawful available funds payable as provided herein in an amount equal to 35% of the Use Tax Receipts, as previously defined herein (the "Grant"). The Grant will be paid semi-annually at the end of each Grant Period. The Grant will never include any monies the Company pays or owes to the State of Texas for any penalties for late payments, failures to report in a timely manner, and the like, related to the Use Tax Receipts. 3.02 Grant Payment. Grantor shall pay the Grant for the applicable Grant Period within forty-five (45) days after receipt of a Use Tax Certificate from Company following the end of each Grant Period, pursuant to Section 4.01. Company shall submit Use Tax Certificates to Grantor within thirty (30) days following the end of the applicable Grant Period, beginning with the first Grant Period. For illustration purposes, assume the first Grant Period begins on July 1, 2023 and continues through and includes December 31, 2023. Company would submit a Use Tax Certificate to Grantor for the first Grant Period by January 30, 2024 and Grantor would pay the first Grant within forty-five (45) days after receipt of the Use Tax Certificate and after actual receipt of all of the net Use Tax Receipts attributable to the Grant Period. Further assume that the Use Tax Receipts for the first Grant Period equal Five Thousand Dollars ($5,000.00), then the amount of the first Grant would be One Thousand Seven Hundred Fifty Dollars ($1,750.00). 3.03 Amended Returns and Audits. In the event the Company files an amended use tax return, or report, or if additional use tax is due and owing, as a result of an audit conducted by the State of Texas that increases the Use Tax Receipts for a previous period covered within the term of this agreement, the Grant payment for the Grant Period immediately following such State approved amendment shall be adjusted accordingly, provided the Grantor must have received the Use Tax Receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, Company shall provide Grantor with a copy of such amended use tax report, tax return or audit adjustment, and the approval thereof by the State of Texas. 3.04 Refunds. In the event the State of Texas determines that the City erroneously received Use Tax Receipts, or that the amount of use tax paid to the City exceeds the correct amount of use tax for a previous Grant paid to the Company, the Company shall, within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such Grant exceeded the amount to which the Company was entitled pursuant to such State of Texas determination, pay such amount to the Grantor. The Grantor may at its option adjust the Grant payment for the Grant Period immediately following such State of Texas determination to deduct therefrom the amount of the overpayment. As a condition precedent to payment of such refund, the City shall provide Company with a copy of such determination by the State of Texas. ARTICLE IV DOCUMENTATION SUPPORTING THE ECONOMIC DEVELOPMENT GRANT The conditions contained in this Article IV are conditions precedent to the Grantor’s obligation to make any Grant payment. 4.01 Use Tax Certificate. During the term of this Agreement, the Company shall within thirty (30) days after the end of each Grant Period, provide the Grantor with a Use Tax Certificate relating to Use Tax Receipts paid during the Grant Period. The Grantor shall have no duty to CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 5 017871.000009\4856-1770-3786.v2 calculate the Use Tax Receipts or determine Company’s entitlement to any Grant for a Grant Period, or pay any Grant during the term of this Agreement until such time as Company has provided the Grantor a Use Tax Certificate for such Grant Period and the Grantor has received the actual Use Tax Receipts from the State of Texas attributable to such calendar months within the Grant Period. Company shall provide such additional documentation as may be reasonably requested by Grantor to evidence, support and establish the use tax paid directly to the State of Texas pursuant to Company’s Direct Payment Permit. The Use Tax Certificate for each Grant Period shall at a minimum contain, include or be accompanied by the following: a. A copy of all Texas Direct Payment Permit and self-assessment use tax returns and reports during the applicable Grant Period, use tax audit assessments or credits, including amended use tax returns or reports, filed by the Company during the Grant Period showing use tax paid directly to the State of Texas related to Company’s operations for the Grant Period; and b. Information concerning any refund or credit received by the Company of use tax paid by the Company which has previously been reported by the Company as use tax paid for a previous Grant Period within the term of this agreement. Company will provide to Grantor the Use Tax Certificates from time to time pursuant to the terms of the Agreement, which are confidential ("Confidential Information") and, except as otherwise provided herein, may not be disclosed to a third party without the Company's consent. To the extent that any disclosure of the Confidential Information may be required by law, Grantor will use reasonable efforts to inform Company of the request in sufficient time for Company to assert any objection it may have to such disclosure to an appropriate judicial or administrative body. 4.02 Grantor must have received a Use Tax Certificate for the months within the Grant Period for which payment of a Grant is requested, and Grantor must have received the actual Use Tax Receipts for all calendar months within the Grant Period. 4.03 The Company intends to issue its Texas Direct Payment Permit to specific suppliers or vendors that provide large quantities of building materials or other tangible personal property. 4.04 The Company shall provide the Grantor with a true and correct copy of its Texas Direct Payment Permit, which permit shall be kept in full force and effect throughout the term of the Agreement. 4.05 Company or the City shall not have an uncured material breach or default of this Agreement. ARTICLE V TERMINATION 5.01 This Agreement may be terminated upon any one of the following: CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 6 017871.000009\4856-1770-3786.v2 (a) by mutual written agreement of the parties; (b) by Grantor or Company, respectively, if the other party defaults or breaches any of the terms or conditions of this Agreement in any material respect and such default or breach is not cured within thirty (30) days after written notice thereof by the Grantor or Company, as the case may be; (c) by Grantor, if any Impositions owed to the Grantor or the State of Texas by Company shall have become delinquent (provided, however, Company retains the right to timely and properly protest and contest any such Impositions); (d) by Grantor, if Company suffers an Event of Bankruptcy or Insolvency; (e) by Grantor or Company, respectively, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable; or (f) by Company, if the City does not pay the applicable Grant amount within 45 days of receipt of the Use Tax Receipts as required herein covered by a valid Use Tax Certificate issued by Company or fails to cure this breach within an additional 30 days and so long as the Company is not in default, or; (g) expiration of the term, or any subsequent renewal of the term. The rights, responsibilities and liabilities of the parties under this Agreement shall be extinguished upon the termination of this Agreement except for any rights, responsibilities and/or liabilities that accrued prior to such termination. ARTICLE VI MISCELLANEOUS 6.01 Binding Agreement. The terms and conditions of this Agreement are binding upon the parties to this agreement and their respective successors and permitted assigns. This Agreement may not be assigned without the express written consent of Grantor, which consent shall not be unreasonably withheld or delayed. 6.02 Limitation on Liability. It is understood and agreed between the parties that the Company and Grantor, in satisfying the conditions of this Agreement, have acted independently, and Grantor assumes no responsibilities or liabilities to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the Grantor from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever by a third party arising out of the Company’s performance of the conditions under this Agreement. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 7 017871.000009\4856-1770-3786.v2 6.03 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the parties. 6.04 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.05 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below (or such other address as such party may subsequently designate in writing) or on the day actually received if sent by courier or otherwise hand delivered sent via fax. If intended for City, to: Attn: Ryan Henderson Interim City Manager City of Anna 120 W. 7th Street Anna, TX 75409 With a copy to: Attn: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 If intended for the Company: Attn: Zach Ipour Megatel Anacapri, LLC 2101 Cedar Springs Road, Suite 700 Dallas, Texas 75201 With a copy to: Attn: Timothy G. Green Coats Rose, P.C. 16000 N. Dallas Parkway, Suite 350 Dallas, Texas 75248 6.06 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement except for that certain Anacapri Development Agreement recorded in the Collin County property records as Document No. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 8 017871.000009\4856-1770-3786.v2 20211021002155180. There are no other collateral oral or written agreements between the parties that in any manner relate to the subject matter of this Agreement. 6.07 Governing Law. The laws of the State of Texas shall govern the Agreement; and this Agreement is fully performable in Collin County, Texas with exclusive venue for any action concerning this Agreement being in a court of competent jurisdiction in Collin County, Texas. 6.08 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 6.09 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument and any such counterparts shall be deemed to be incorporated herein. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.13 Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 6.14 Dispute Resolution. Any controversy or claim arising from or relating to this Agreement, or a breach thereof shall be subject to non-binding mediation, as a condition precedent to the institution of legal or equitable proceedings by any party unless the institution of such legal or equitable proceeding is necessary to avoid the running of an applicable statute of limitation. The parties shall endeavor to resolve their claims by mediation. Grantor and Company shall share the costs of mediation equally. The mediation shall be held in Collin County, Texas, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. [SIGNATURE PAGES FOLLOW] CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 9 017871.000009\4856-1770-3786.v2 EXECUTED as of the ____ day of ___________, 2023. THE CITY OF ANNA, TEXAS By: Ryan Henderson, Interim City Manager ATTEST: ________________________________________ Carrie Land, City Secretary CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND MEGATEL ANACAPRI, LLC. - PAGE 10 017871.000009\4856-1770-3786.v2 EXECUTED as of the ____ day of ___________, 2023. MEGATEL ANACAPRI, LLC, a Texas limited liability company ________________________________________ Armin Afzalipour, Member STATE OF TEXAS § § COUNTY OF __________§ This instrument was acknowledged before me, on the ___ day of ___________, 2023, by Armin Afzalipour, Member of Megatel Anacapri, LLC, a Texas limited liability company, on behalf of said company, who, upon his sworn oath, declared that he is authorized to bind said company. Notary Public in and for the State of Texas [SEAL] Item No. 5.s. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Joey Grisham AGENDA ITEM: Approve an Ordinance adopting the 2023 Annual Service Plan Update to the Service and Assessment Plan and Assessment Roll, including the collection for the 2023-2024 annual installments for the Hurricane Creek Public Improvement District (PID). (Director of Economic Development Joey Grisham) SUMMARY: The Service and Assessment Plan (SAP) sets forth the costs of the Authorized Improvements, and the manner of assessing the property in the District for the costs of such Authorized Improvements based on the benefit provided to the Assessed Property. Pursuant to the PID Act, the SAP must be reviewed and updated annually. This document is the Annual Service Plan Update for 2023.The City Council also adopted an Assessment Roll identifying the Assessments on each Lot within the District, based on the method of assessment identified in the SAP. This 2023 Annual Service Plan Update also updates the Assessment Roll for 2023. FINANCIAL IMPACT: N/A BACKGROUND: On November 13, 2018, the City passed and approved Resolution No. 2018-11-506 authorizing the establishment of the District in accordance with the PID Act, which authorization was effective upon publication as required by the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 368.2 acres located within the City. On March 12, 2019, the City Council approved the 2019 Service and Assessment Plan for the District by adopting the 2019 Assessment Ordinance, which approved the levy of Assessments on Assessed Property within Improvement Area #1 and the Major Improvement Area of the District and approved the Improvement Area #1 Assessment Roll and the Major Improvement Area Assessment Roll. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: 1. 2023-07-17_ANN_Hurricane Creek_2023 SAP Update_Ord_v1.0 2. 2023-07-14_ANN_Hurricane Creek_2023 SAP_Update_v1.3 CITY OF ANNA ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE 2023 ANNUAL SERVICE PLAN UPDATE TO THE SERVICE AND ASSESSMENT PLAN, INCLUDING THE ASSESSMENT ROLL, FOR THE VILLAGES OF HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, on November 13, 2018, after notice and a public hearing in the manner required by law, the City Council (the "City Council") of the City of Anna, Texas (the "City") passed and approved Resolution No. 2018-11-506 authorizing the creation of the Villages of Hurricane Creek Public Improvement District (the "District"); and WHEREAS, on March 12, 2019, after notice and a public hearing in the manner required by law, the City Council passed an Ordinance approving the "Villages of Hurricane Creek Public Improvement District Service and Assessment Plan," including the Assessment Roll attached to the Service and Assessment Plan (the "Assessment Roll"), (the "Service and Assessment Plan") and levied the Assessments on property within District in accordance with the Assessment Roll for the purposes of financing the public improvements (the "Authorized Improvements") undertaken for the benefit of such property; and WHEREAS, Chapter 372, Texas Local Government Code (as amended, the "PID Act") requires the Service and Assessment Plan to be reviewed and updated annually for the purposes of determining the annual budget for the Authorized Improvements; and WHEREAS, the City Council has received the "Villages of Hurricane Creek Public Improvement District 2023 Annual Service Plan Update" (the "Annual Service Plan Update") which includes the updated Assessment Roll and now desires to proceed with the adoption of this Ordinance which approves and adopts the Annual Service Plan Update and updated Assessment Roll for District as required by the PID Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Terms. Terms not otherwise defined herein are defined in the Service and Assessment Plan. Section 2. Findings. That the recitals and findings in the Recitals of this Ordinance are hereby found and determined to be true and correct and constitute the legislative findings and determinations of the City Council. Section 3. Assessment Plan. The Annual Service Plan Update, including the updated Assessment Roll contained therein, in the form attached as Exhibit A is hereby approved and the same is incorporated as part of this Ordinance as if fully set forth in the body of this Ordinance. Section 4. Severability. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the governing body of the City in adopting this Ordinance that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 5. Filing in Land Records. The City Secretary is directed to cause a copy of this Ordinance, including the 2023 Annual Service Plan Update, to be recorded in the real property records of Collin County, Texas, on or before August 1, 2023. The City Secretary is further directed to similarly file each Annual Service Plan Update approved by the City Council, with each such filing to occur within seven days of the date each respective Annual Service Plan Update is approved. Section 6. Effective Date. This Ordinance shall take effect immediately from and after its passage in accordance with applicable law. PASSED by the City Council of the City of Anna, Texas this 25th day of July 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit A 2023 Annual Service Plan Update [Remainder of page left intentionally blank.] HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE [APPROVAL DATE], 2023 JULY 25, 2023 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 1 INTRODUCTION Capitalized terms used in this 2023 Annual Service Plan Update shall have the meanings set forth in the 2022 Amended and Restated Service and Assessment Plan (the “A&R SAP”). On November 13, 2018, the City passed and approved Resolution No. 2018-11-506 authorizing the establishment of the District in accordance with the PID Act, which authorization was effective upon publication as required by the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 368.2 acres located within the City. On March 12, 2019, the City Council approved the 2019 Service and Assessment Plan for the District by adopting the 2019 Assessment Ordinance, which approved the levy of Assessments on Assessed Property within Improvement Area #1 and the Major Improvement Area of the District and approved the Improvement Area #1 Assessment Roll and the Major Improvement Area Assessment Roll. On July 28, 2020, the City Council adopted Resolution No. 2020-07-763 approving the 2020 Annual Service Plan Update for the District. The 2020 Annual Service Plan Update updated the Assessment Rolls for 2020. On July 27, 2021, the City Council approved Ordinance No. 929-2021 approving the 2021 Annual Service Plan Update for the District. The 2021 Annual Service Plan Update updated the Assessment Rolls for 2021. On July 26, 2022, the City Council approved Ordinance No. 985-2022 approving the 2022 Annual Service Plan Update for the District. The 2022 Annual Service Plan Update updated Assessment Rolls for 2022. On December 13, 2022, the City Council approved Ordinance No. 1025-2022 approving the 2022 Amended and Restated Service and Assessment Plan for the District by adopting the 2022 Assessment Ordinance, which serves to amend and restate the 2019 Service and Assessment Plan, including all previously approved Annual Service Plan Updates (including the 2020 Annual Service Plan Update, 2021 Annual Service Plan Update, and 2022 Annual Service Plan Update), in its entirety for the purposes of (1) identifying the Improvement Area #2 Improvements, (2) levying the Improvement Area #2 Assessment, (3) incorporating provisions relating to the City’s issuance of the Improvement Area #2 Bonds and (3) updating the Assessment Rolls. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 2 On December 13, 2022, the City Council adopted Ordinance No. 1026-2022, which approved the issuance of the Improvement Area #2 Bonds. The A&R SAP identified the Authorized Improvements to be constructed for the benefit of the Assessed Parcels within the District, the costs of the Authorized Improvements, the indebtedness to be incurred for the Authorized Improvements, and the manner of assessing the property in the District for the costs of the Authorized Improvements. Pursuant to the PID Act, the A&R SAP must be reviewed and updated annually. This document is the Annual Service Plan Update for 2023. The City Council also adopted an Assessment Roll identifying the Assessments on each Lot within the District, based on the method of assessment identified in the A&R SAP. This 2023 Annual Service Plan Update also updates the Assessment Roll for 2023. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 3 PARCEL SUBDIVISION Improvement Area #1 The final plat of the Villages of Hurricane Creek Phase 1, was filed and recorded with the County on October 15, 2020. Improvement Area #1 consists of 220 residential Lots and 10 Lots of Non- Benefited Property. Major Improvement Area No plats have been filed in the Major Improvement Area. Improvement Area #2 No plats have been filed in Improvement Area #2. LOT AND HOME SALES Improvement Area #1 Improvement Area #1 consists of 220 Lots, further designated as 143 Lot Type 1 Lots and 77 Lot Type 2 Lots, anticipated to be completed as single-family homes. Per the Developer as of March 31, 2023, Mattamy Homes owns 14 Lots further designated as 8 Lot Type 1 Lots and 6 Lot Type 2 Lots. First Texas Homes owns 5 Lot Type 2 Lots, and Beazer Homes owns 3 Lots further designated as 1 Lot Type 1 Lot and 2 Lot Type 2 Lots. Homebuilders have completed home construction and delivered a total of 198 homes to end-users in the following Lot Type breakdown: 134 Lot Type 1 Lots and 64 Lot Type 2 Lots. Major Improvement Area Per the Quarterly Report dated March 31, 2023, no Lots have been sold and construction has not started on any homes. Improvement Area #2 Per the Quarterly Report dated March 31, 2023, no Lots have been sold and construction has not started on any homes. See Exhibit D for the buyer disclosures. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 4 AUTHORIZED IMPROVEMENTS Improvement Area #1 The Developer has completed the Improvement Area #1 Improvements and they were dedicated to the City in Q2 2021. Major Improvement Area The Developer has completed the Major Improvements and they were dedicated to the City in Q2 2021. Improvement Area #2 Per the Quarterly Report dated March 31, 2023, the Authorized Improvements listed in the A&R SAP for Improvement Area #2 are currently under construction and projected to be completed in the third quarter of 2023. The budget for the Authorized Improvements remains unchanged as shown on the table below. OUTSTANDING ASSESSMENT Improvement Area #1 Improvement Area #1 has an outstanding Assessment of $6,875,756.97. The outstanding Assessment is less than the outstanding PID Bonds of $7,045,000.00 due to prepayment of Assessments for which PID Bonds have not been redeemed.1 1 Net of $125,000 Improvement Area #1 Bonds principal payment due September 1, 2023 which will be paid using the Annual Installment collected on January 31, 2023. Authorized Improvements Budget Spent to Date1 % Complete Street 2,567,570$ 333,282$ 13% Water 1,101,249$ 805,717$ 73% Sanitary Sewer 1,223,558$ 1,095,622$ 90% Storm Drainage 776,994$ 111,841$ 14% Soft Costs 2,671,437$ 1,242,734$ 47% 8,340,808$ 3,589,195$ 43% Notes: Improvement Area #2 1) Per the Quarterly Report for Improvement Area #2 dated March 31, 2023. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 5 Major Improvement Area The Major Improvement Area has an outstanding Assessment of $3,420,000.00.2 Improvement Area #2 Improvement Area #2 has an outstanding Assessment of $10,550,000.00.3 TIRZ NO. 2 ANNUAL CREDIT Improvement Area #1 The TIRZ No. 2 Annual Credit Amount shall only be applied to principal and interest component of the Annual Installment, as further described in the A&R SAP. Application of qualifying property tax exemptions may decrease or eliminate the amount of the TIRZ No. 2 Annual Credit Amount on a parcel-by-parcel basis. The resulting TIRZ No. 2 Annual Credit Amount by Parcel is included in the Assessment Roll attached hereto as Exhibit A-1. ANNUAL INSTALLMENT DUE 1/31/2024 Improvement Area #1 ▪Principal and Interest4 – The total principal and interest required for the Annual Installment is $576,512.50. ▪TIRZ No. 2 Annual Credit Amount – The total TIRZ No. 2 Annual Credit Amount, credited against the principal and interest required for the Annual Installment, is $128,265.01. ▪Annual Collection Costs – The cost of administering the District and collecting the Annual Installments shall be paid for on a pro rata basis by each Parcel based on the amount of 2Net of $60,000 Major Improvement Area Bonds principal payment due September 1, 2023 which will be paid using the Annual Installment collected on January 31, 2023. 3 Net of $151,000 Improvement Area #2 Bonds principal payment due September 1, 2023 which will be paid using the Annual Installment collected on January 31, 2023. 4 The Annual Installment covers the period September 1, 2023 to August 31, 2024 and is due by January 31, 2024. Improvement Area #1 Lot Type 1 143 1,151$ Lot Type 2 77 1,316$ Lot Type Units TIRZ No. 2 Maximum Annual Credit Amount HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 6 outstanding Assessment remaining on the Parcel. The total Annual Collection Costs budgeted for the Annual Installment for Improvement Area #1 is $67,370.31. See below for a breakdown of the Annual Collection Costs. ▪Additional Interest – Additional Interest is collected to fund the Additional Interest Reserve Account. The Additional Interest Reserve Requirement, as defined in the Improvement Area #1 Indenture, has not been met. As such, the Additional Interest Reserve Account will be funded with Additional Interest on the outstanding Assessment, resulting in an Additional Interest for Improvement Area #1 of $35,225.00. See Exhibit B-1 for the debt service schedule for the Improvement Area #1 PID Bonds as shown in the official statement. Major Improvement Area ▪Principal and Interest5 – The total principal and interest required for the Annual Installment is $287,700.00. 5 The Annual Installment covers the period September 1, 2023 to August 31, 2024 and is due by January 31, 2024. Administration 20,856.95$ City Auditor 503.55$ Filing Fees 503.55$ County Collection 167.85$ Miscellaneous 335.70$ PID Trustee Fees 4,000.00$ Dissemination Agent 1,500.00$ 27,867.60$ Past Due Invoices 39,502.71$ Total Administrative Costs 67,370.31$ Annual Collection Costs Breakdown Improvement Area #1 Principal 125,000.00$ Interest 451,512.50$ TIRZ No. 2 Annual Credit Amount (128,265.01)$ Annual Collection Costs 67,370.31$ Additional Interest 35,225.00$ Total Annual Installment 550,842.80$ Improvement Area #1 Due January 31, 2024 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 7 ▪Annual Collection Costs – The cost of administering the District and collecting the Annual Installments shall be paid for on a pro rata basis by each Parcel based on the amount of outstanding Assessment remaining on the Parcel. The total Annual Collection Costs budgeted for the Annual Installment for the Major Improvement Area is $28,966.06. See below for a breakdown of the Annual Collection Costs. ▪Additional Interest – Additional Interest is collected to fund the Additional Interest Reserve Account. The Additional Interest Reserve Requirement, as defined in the Major Improvement Area Indenture, has not been met. As such, the Additional Interest Reserve Account will be funded with Additional Interest on the outstanding Assessment, resulting in an Additional Interest for the Major Improvement Area of $17,100.00. See Exhibit B-2 for the debt service schedule for the Major Improvement Area PID Bonds as shown in the official statement. Improvement Area #2 Administration 10,237.39$ City Auditor 247.16$ Filing Fees 247.16$ County Collection 82.39$ Miscellaneous 164.77$ PID Trustee Fees 4,000.00$ Dissemination Agent 1,500.00$ 16,478.87$ Past Due Invoices 12,487.19$ Total Administrative Costs 28,966.06$ Annual Collection Costs Breakdown Major Improvement Area Principal 60,000.00$ Interest 227,700.00$ Annual Collection Costs 28,966.06$ Additional Interest 17,100.00$ Total Annual Installment 333,766.06$ Major Improvement Area Due January 31, 2024 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 8 ▪Principal and Interest6 – The total principal and interest required for the Annual Installment is $765,660.00. ▪Additional Interest – Additional Interest is collected to fund the Additional Interest Reserve Account. The Additional Interest Reserve Requirement, as defined in the Improvement Area #2 Indenture, has not been met. As such, the Additional Interest Reserve Account will be funded with Additional Interest on the outstanding Assessment, resulting in an Additional Interest for Improvement Area #2 of $52,750.00. ▪Annual Collection Costs – The cost of administering the District and collecting the Annual Installments shall be paid for on a pro rata basis by each Parcel based on the amount of outstanding Assessment remaining on the Parcel. The total Annual Collection Costs budgeted for the Annual Installment for Improvement Area #2 is $50,783.65. See below for a breakdown of the Annual Collection Costs. See Exhibit B-3 for the debt service schedule for the Improvement Area #2 PID Bonds as shown in the official statement. 6 The Annual Installment covers the period September 1, 2023 to August 31, 2024 and is due by January 31, 2024. Administration 31,035.78$ City Auditor 749.29$ Filing Fees 749.29$ County Collection 249.76$ Miscellaneous 499.53$ PID Trustee Fees 4,000.00$ Dissemination Agent 1,500.00$ Draw Request Review 12,000.00$ Total Administrative Costs 50,783.65$ Annual Collection Costs Breakdown Improvement Area #2 Principal 151,000.00$ Interest 614,660.00$ Additional Interest 52,750.00$ Annual Collection Costs 50,783.65$ Total Annual Installment 869,193.65$ Due January 31, 2024 Improvement Area #2 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 9 PREPAYMENT OF ASSESSMENTS IN FULL Improvement Area #1 The following is a list of all Improvement Area #1 Lots that have been paid in full: Major Improvement Area No full prepayments of Assessments have occurred within the Major Improvement Area. Improvement Area #2 No full prepayments of Assessments have occurred within Improvement Area #2. PARTIAL PREPAYMENT OF ASSESSMENTS Improvement Area #1 The following is a list of all Improvement Area #1 Lots that have partially prepaid their assessment: Major Improvement Area Property ID Address Lot Type Prepayment Date Recorded Lien Release Number 2822115 3208 Lakeshore Dr 2 10/12/2021 In Progress 2822017 3032 Lakeshore Dr 1 4/18/2022 In Progress 2821926 3012 Hardwood Ct 1 2/28/2023 In Progress 2822044 3213 Rolling Meadow Dr 2 2/27/2023 In Progress 2822108 3221 Creek Meadow Drive 2 6/20/2023 In Progress Improvement Area #1 Property ID Address Lot Type Prepayment Date Prepayment Amount 2821998 3128 Lakeshore Dr 1 11/23/2021 $ 3,500 2821998 3128 Lakeshore Dr 1 N/Aa $ 166 Notes: Improvement Area #1 [a] Cumulative additional reduction in outstanding Assessment due to interest savings from partial prepayments. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 10 No partial prepayments of Assessments have occurred within the Major Improvement Area. Improvement Area #2 No partial prepayments of Assessments have occurred within Improvement Area #2. EXTRAORDINARY OPTIONAL REDEMPTIONS Improvement Area #1 No Extraordinary Optional Redemptions have taken place within Improvement Area #1. Major Improvement Area No Extraordinary Optional Redemptions have taken place within the Major Improvement Area. Improvement Area #2 No Extraordinary Optional Redemptions have taken place within Improvement Area #2. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 11 SERVICE PLAN – FIVE YEAR BUDGET FORECAST The PID Act requires the annual indebtedness and projected costs for the Authorized Improvements to be reviewed and updated in the Annual Service Plan Update, and the projection shall cover a period of not less than five years. Annual Installment Due 1/31/2024 1/31/2025 1/31/2026 1/31/2027 1/31/2028 Principal $ 125,000.00 $ 130,000.00 $ 135,000.00 $ 145,000.00 $ 155,000.00 Interest $ 451,512.50 $ 444,325.00 $ 436,850.00 $ 429,087.50 $ 420,750.00 TIRZ No. 2 Annual Credit Amount1 (128,265.01) - - - - (1) $ 448,247.49 $ 574,325.00 $ 571,850.00 $ 574,087.50 $ 575,750.00 Annual Collection Costs (2) $ 67,370.31 $ 68,717.72 $ 70,092.07 $ 71,493.91 $ 72,923.79 Additional Interest (3) $ 35,225.00 $ 34,600.00 $ 33,950.00 $ 33,275.00 $ 32,550.00 Total Annual Installment (4) = (1) + (2) + (3) $ 550,842.80 $ 677,642.72 $ 675,892.07 $ 678,856.41 $ 681,223.79 Notes: 1)The TIRZ No.2 Revenue generated by the Improvement Area #1 Assessed Property for the previous Tax Year shall be applied pro rata based on the outstanding Assessment of each Lot to reduce the principal and interest required for the Improvement Area #1 Annual Installment due January 31,2024.The TIRZ No.2 Annual Credit Amount shall be updated each year in the Annual Service Plan Update as TIRZ No. 2 Revenue is generated. Improvement Area #1 Annual Installment Due 1/31/2024 1/31/2025 1/31/2026 1/31/2027 1/31/2028 Principal $ 60,000.00 $ 65,000.00 $ 70,000.00 $ 70,000.00 $ 75,000.00 Interest $ 227,700.00 $ 224,100.00 $ 220,200.00 $ 216,000.00 $ 211,800.00 (1) $ 287,700.00 $ 289,100.00 $ 290,200.00 $ 286,000.00 $ 286,800.00 Annual Collection Costs (2) $ 28,966.06 $ 29,545.38 $ 30,136.29 $ 30,739.01 $ 31,353.79 Additional Interest (3) $ 17,100.00 $ 16,800.00 $ 16,475.00 $ 16,125.00 $ 15,775.00 Total Annual Installment (4) = (1) + (2) + (3) $ 333,766.06 $ 335,445.38 $ 336,811.29 $ 332,864.01 $ 333,928.79 Major Improvement Area Annual Installment Due 1/31/2024 1/31/2025 1/31/2026 1/31/2027 1/31/2028 Principal $ 151,000.00 $ 158,000.00 $ 166,000.00 $ 175,000.00 $ 183,000.00 Interest $ 614,660.00 $ 607,110.00 $ 599,210.00 $ 590,910.00 $ 582,160.00 (1) $ 765,660.00 $ 765,110.00 $ 765,210.00 $ 765,910.00 $ 765,160.00 Additional Interest (2) $ 52,750.00 $ 51,995.00 $ 51,205.00 $ 50,375.00 $ 49,500.00 Annual Collection Costs (3) $ 50,783.65 $ 51,799.32 $ 52,835.31 $ 53,892.02 $ 54,969.86 Total Annual Installment (4) = (1) + (2) + (3) $ 869,193.65 $ 868,904.32 $ 869,250.31 $ 870,177.02 $ 869,629.86 Improvement Area #2 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 12 ASSESSMENT ROLL The list of current Lots within the District, the corresponding total Assessments, and current Annual Installment are shown on the Assessment Rolls attached hereto as Exhibit A-1, Exhibit A- 2, and Exhibit A-3. The Parcels or Lots shown on the Assessment Rolls will receive the bills for the 2023 Annual Installments which will be delinquent if not paid by January 31, 2024. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 13 EXHIBIT A-1 – IMPROVEMENT AREA #1 ASSESSMENT ROLL Property ID Lot Type Notes Outstanding Assessment Annual Installment before TIRZ TIRZ#2 Annual Credit Amount Annual Installment Due 1/31/2024[b],[c] 2822094 Lot Type 2 34,863.45$ 3,368.89$ (452.62)$ 2,916.27$ 2822095 Lot Type 2 34,863.45$ 3,368.89$ (886.25)$ 2,482.64$ 2822098 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822103 Lot Type 2 34,863.45$ 3,368.89$ (356.53)$ 3,012.36$ 2822093 Lot Type 2 34,863.45$ 3,368.89$ (906.68)$ 2,462.21$ 2821911 Lot Type 1 30,493.11$ 2,946.58$ (688.91)$ 2,257.67$ 2822063 Lot Type 2 34,863.45$ 3,368.89$ (484.01)$ 2,884.88$ 2822011 Lot Type 1 30,493.11$ 2,946.58$ (814.40)$ 2,132.18$ 2821952 Lot Type 1 30,493.11$ 2,946.58$ (568.57)$ 2,378.01$ 2822140 Non-Benefited Property -$ -$ -$ -$ 2822057 Non-Benefited Property -$ -$ -$ -$ 2822099 Lot Type 2 34,863.45$ 3,368.89$ (573.75)$ 2,795.14$ 2822101 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2821988 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ 2821991 Lot Type 1 30,493.11$ 2,946.58$ (403.24)$ 2,543.34$ 2822002 Lot Type 1 30,493.11$ 2,946.58$ (356.53)$ 2,590.05$ 2822078 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2821932 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821938 Lot Type 1 30,493.11$ 2,946.58$ (492.65)$ 2,453.93$ 2821975 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2822132 Lot Type 2 34,863.45$ 3,368.89$ (712.29)$ 2,656.60$ 2822111 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822109 Lot Type 2 34,863.45$ 3,368.89$ (463.02)$ 2,905.87$ 2822085 Lot Type 2 34,863.45$ 3,368.89$ (463.02)$ 2,905.87$ 2822084 Lot Type 2 34,863.45$ 3,368.89$ (485.06)$ 2,883.83$ 2821995 Lot Type 1 30,493.11$ 2,946.58$ (480.69)$ 2,465.89$ 2821982 Lot Type 1 30,493.11$ 2,946.58$ (440.97)$ 2,505.61$ 2822027 Lot Type 1 30,493.11$ 2,946.58$ (606.64)$ 2,339.94$ 2822006 Lot Type 1 30,493.11$ 2,946.58$ (596.72)$ 2,349.86$ 2822041 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2822048 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822017 Lot Type 1 Prepaid -$ -$ -$ -$ 2822010 Lot Type 1 30,493.11$ 2,946.58$ (484.26)$ 2,462.32$ 2821928 Lot Type 1 30,493.11$ 2,946.58$ (440.97)$ 2,505.61$ 2821939 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ 2821901 Lot Type 1 30,493.11$ 2,946.58$ (793.52)$ 2,153.06$ 2822067 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822066 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ 2822064 Lot Type 2 34,863.45$ 3,368.89$ (706.29)$ 2,662.60$ 2822000 Lot Type 1 30,493.11$ 2,946.58$ (398.43)$ 2,548.15$ Improvement Area #1[a] HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 14 Property ID Lot Type Notes Outstanding Assessment Annual Installment before TIRZ TIRZ#2 Annual Credit Amount Annual Installment Due 1/31/2024[b],[c] 2822062 Lot Type 2 34,863.45$ 3,368.89$ (841.56)$ 2,527.33$ 2821997 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2821985 Lot Type 1 30,493.11$ 2,946.58$ (796.51)$ 2,150.07$ 2822020 Lot Type 1 30,493.11$ 2,946.58$ (731.07)$ 2,215.51$ 2822005 Lot Type 1 30,493.11$ 2,946.58$ (466.41)$ 2,480.17$ 2821944 Lot Type 1 30,493.11$ 2,946.58$ (734.61)$ 2,211.97$ 2821998 Lot Type 1 [e]26,826.65$ 2,592.29$ (1,151.00)$ 1,441.29$ 2821984 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ 2822019 Lot Type 1 30,493.11$ 2,946.58$ (649.18)$ 2,297.40$ 2822007 Lot Type 1 30,493.11$ 2,946.58$ (722.42)$ 2,224.16$ 2821922 Lot Type 1 30,493.11$ 2,946.58$ (373.50)$ 2,573.08$ 2821909 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2821902 Lot Type 1 30,493.11$ 2,946.58$ (456.55)$ 2,490.03$ 2821967 Lot Type 1 30,493.11$ 2,946.58$ (463.02)$ 2,483.56$ 2822137 Non-Benefited Property -$ -$ -$ -$ 2822127 Lot Type 2 34,863.45$ 3,368.89$ (1,139.18)$ 2,229.71$ 2822125 Lot Type 2 34,863.45$ 3,368.89$ (479.05)$ 2,889.84$ 2822032 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2822039 Lot Type 2 34,863.45$ 3,368.89$ (523.78)$ 2,845.11$ 2822050 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822100 Lot Type 2 34,863.45$ 3,368.89$ (625.28)$ 2,743.61$ 2822080 Lot Type 2 34,863.45$ 3,368.89$ (482.61)$ 2,886.28$ 2822081 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822086 Lot Type 2 34,863.45$ 3,368.89$ (390.48)$ 2,978.41$ 2822061 Lot Type 2 34,863.45$ 3,368.89$ (463.11)$ 2,905.78$ 2821986 Lot Type 1 30,493.11$ 2,946.58$ (440.97)$ 2,505.61$ 2822021 Lot Type 1 30,493.11$ 2,946.58$ (730.14)$ 2,216.44$ 2822026 Lot Type 1 30,493.11$ 2,946.58$ (412.36)$ 2,534.22$ 2822082 Lot Type 2 34,863.45$ 3,368.89$ (774.50)$ 2,594.39$ 2822001 Lot Type 1 30,493.11$ 2,946.58$ (486.93)$ 2,459.65$ 2821990 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822003 Lot Type 1 30,493.11$ 2,946.58$ (729.85)$ 2,216.73$ 2822004 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2821916 Lot Type 1 30,493.11$ 2,946.58$ (373.50)$ 2,573.08$ 2821945 Lot Type 1 30,493.11$ 2,946.58$ (611.00)$ 2,335.58$ 2821904 Lot Type 1 30,493.11$ 2,946.58$ (782.68)$ 2,163.90$ 2821905 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2821964 Lot Type 1 [d]30,493.11$ 2,946.58$ -$ 2,946.58$ 2822129 Lot Type 2 34,863.45$ 3,368.89$ (761.10)$ 2,607.79$ 2822128 Lot Type 2 34,863.45$ 3,368.89$ (746.66)$ 2,622.23$ Improvement Area #1[a] HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 15 Property ID Lot Type Notes Outstanding Assessment Annual Installment before TIRZ TIRZ#2 Annual Credit Amount Annual Installment Due 1/31/2024[b],[c] 2822115 Lot Type 2 Prepaid -$ -$ -$ -$ 2822097 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822009 Lot Type 1 30,493.11$ 2,946.58$ (684.82)$ 2,261.76$ 2821930 Lot Type 1 30,493.11$ 2,946.58$ (410.70)$ 2,535.88$ 2821929 Lot Type 1 30,493.11$ 2,946.58$ (754.05)$ 2,192.53$ 2821954 Lot Type 1 30,493.11$ 2,946.58$ (435.30)$ 2,511.28$ 2821959 Lot Type 1 30,493.11$ 2,946.58$ (1,035.86)$ 1,910.72$ 2821897 Lot Type 1 30,493.11$ 2,946.58$ (706.58)$ 2,240.00$ 2822136 Non-Benefited Property -$ -$ -$ -$ 2822118 Lot Type 2 34,863.45$ 3,368.89$ (456.26)$ 2,912.63$ 2822116 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2822029 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2822055 Lot Type 2 34,863.45$ 3,368.89$ (998.96)$ 2,369.93$ 2822035 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822037 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821898 Lot Type 1 30,493.11$ 2,946.58$ (844.49)$ 2,102.09$ 2821900 Lot Type 1 30,493.11$ 2,946.58$ (807.85)$ 2,138.73$ 2822008 Lot Type 1 30,493.11$ 2,946.58$ (631.18)$ 2,315.40$ 2821948 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822133 Lot Type 2 [d]34,863.45$ 3,368.89$ -$ 3,368.89$ 2822126 Lot Type 2 34,863.45$ 3,368.89$ (504.23)$ 2,864.66$ 2822031 Lot Type 1 30,493.11$ 2,946.58$ (180.72)$ 2,765.86$ 2821910 Lot Type 1 30,493.11$ 2,946.58$ (788.99)$ 2,157.59$ 2821960 Lot Type 1 30,493.11$ 2,946.58$ (847.17)$ 2,099.41$ 2821965 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2821974 Lot Type 1 30,493.11$ 2,946.58$ (472.32)$ 2,474.26$ 2822040 Lot Type 2 34,863.45$ 3,368.89$ (874.68)$ 2,494.21$ 2822088 Lot Type 2 34,863.45$ 3,368.89$ (778.74)$ 2,590.15$ 2822060 Lot Type 2 34,863.45$ 3,368.89$ (463.02)$ 2,905.87$ 2821987 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ 2822018 Lot Type 1 30,493.11$ 2,946.58$ (753.85)$ 2,192.73$ 2822012 Lot Type 1 30,493.11$ 2,946.58$ (712.60)$ 2,233.98$ 2821936 Lot Type 1 30,493.11$ 2,946.58$ (507.69)$ 2,438.89$ 2821946 Lot Type 1 30,493.11$ 2,946.58$ (1,006.45)$ 1,940.13$ 2821968 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ 2822117 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2822110 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822108 Lot Type 2 Prepaid -$ -$ -$ -$ 2822038 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822047 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ Improvement Area #1[a] HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 16 Property ID Lot Type Notes Outstanding Assessment Annual Installment before TIRZ TIRZ#2 Annual Credit Amount Annual Installment Due 1/31/2024[b],[c] 2822049 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2822056 Lot Type 2 34,863.45$ 3,368.89$ (642.87)$ 2,726.02$ 2821918 Lot Type 1 30,493.11$ 2,946.58$ (440.66)$ 2,505.92$ 2821950 Lot Type 1 30,493.11$ 2,946.58$ (486.05)$ 2,460.53$ 2821943 Lot Type 1 30,493.11$ 2,946.58$ (767.99)$ 2,178.59$ 2821942 Lot Type 1 30,493.11$ 2,946.58$ (871.23)$ 2,075.35$ 2821941 Lot Type 1 30,493.11$ 2,946.58$ (734.02)$ 2,212.56$ 2821962 Lot Type 1 30,493.11$ 2,946.58$ (463.02)$ 2,483.56$ 2822131 Lot Type 2 34,863.45$ 3,368.89$ (677.56)$ 2,691.33$ 2822113 Lot Type 2 34,863.45$ 3,368.89$ (724.74)$ 2,644.15$ 2821903 Lot Type 1 30,493.11$ 2,946.58$ (464.18)$ 2,482.40$ 2821896 Lot Type 1 30,493.11$ 2,946.58$ (671.35)$ 2,275.23$ 2821961 Lot Type 1 30,493.11$ 2,946.58$ (463.02)$ 2,483.56$ 2821963 Lot Type 1 30,493.11$ 2,946.58$ (463.02)$ 2,483.56$ 2822130 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822114 Lot Type 2 34,863.45$ 3,368.89$ (488.18)$ 2,880.71$ 2822034 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822036 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822051 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2822052 Lot Type 2 34,863.45$ 3,368.89$ (356.53)$ 3,012.36$ 2822053 Lot Type 2 34,863.45$ 3,368.89$ (287.97)$ 3,080.92$ 2822054 Lot Type 2 34,863.45$ 3,368.89$ (1,153.93)$ 2,214.96$ 2822092 Lot Type 2 34,863.45$ 3,368.89$ (526.58)$ 2,842.31$ 2822102 Lot Type 2 34,863.45$ 3,368.89$ (631.75)$ 2,737.14$ 2822090 Lot Type 2 34,863.45$ 3,368.89$ (664.76)$ 2,704.13$ 2821996 Lot Type 1 30,493.11$ 2,946.58$ (440.49)$ 2,506.09$ 2821935 Lot Type 1 30,493.11$ 2,946.58$ (487.38)$ 2,459.20$ 2821920 Lot Type 1 30,493.11$ 2,946.58$ (373.50)$ 2,573.08$ 2821947 Lot Type 1 30,493.11$ 2,946.58$ (681.21)$ 2,265.37$ 2821940 Lot Type 1 30,493.11$ 2,946.58$ (398.20)$ 2,548.38$ 2821899 Lot Type 1 30,493.11$ 2,946.58$ (812.87)$ 2,133.71$ 2821969 Lot Type 1 30,493.11$ 2,946.58$ (804.03)$ 2,142.55$ 2822141 Non-Benefited Property -$ -$ -$ -$ 2822087 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2821999 Lot Type 1 30,493.11$ 2,946.58$ (397.31)$ 2,549.27$ 2821989 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821931 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821933 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821934 Lot Type 1 30,493.11$ 2,946.58$ (480.69)$ 2,465.89$ 2821949 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ Improvement Area #1[a] HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 17 Property ID Lot Type Notes Outstanding Assessment Annual Installment before TIRZ TIRZ#2 Annual Credit Amount Annual Installment Due 1/31/2024[b],[c] 2822112 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2821913 Lot Type 1 30,493.11$ 2,946.58$ (698.18)$ 2,248.40$ 2822059 Lot Type 2 34,863.45$ 3,368.89$ (507.11)$ 2,861.78$ 2821914 Lot Type 1 30,493.11$ 2,946.58$ (493.50)$ 2,453.08$ 2822083 Lot Type 2 34,863.45$ 3,368.89$ (534.30)$ 2,834.59$ 2822138 Non-Benefited Property -$ -$ -$ -$ 2822022 Lot Type 1 30,493.11$ 2,946.58$ (521.36)$ 2,425.22$ 2822016 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822015 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2822065 Lot Type 1 30,493.11$ 2,946.58$ (732.09)$ 2,214.49$ 2822014 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821924 Lot Type 1 30,493.11$ 2,946.58$ (527.12)$ 2,419.46$ 2821908 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2821972 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821971 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821970 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821978 Lot Type 1 30,493.11$ 2,946.58$ (356.53)$ 2,590.05$ 2821977 Lot Type 1 30,493.11$ 2,946.58$ (496.32)$ 2,450.26$ 2821976 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2822105 Lot Type 2 34,863.45$ 3,368.89$ (373.50)$ 2,995.39$ 2822043 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2822044 Lot Type 2 Prepaid -$ -$ -$ -$ 2821993 Lot Type 1 30,493.11$ 2,946.58$ (706.18)$ 2,240.40$ 2821992 Lot Type 1 30,493.11$ 2,946.58$ (356.53)$ 2,590.05$ 2822023 Lot Type 1 30,493.11$ 2,946.58$ (398.06)$ 2,548.52$ 2822025 Lot Type 1 30,493.11$ 2,946.58$ (506.93)$ 2,439.65$ 2821925 Lot Type 1 30,493.11$ 2,946.58$ (631.81)$ 2,314.77$ 2821955 Lot Type 1 30,493.11$ 2,946.58$ (338.92)$ 2,607.66$ 2822013 Lot Type 1 30,493.11$ 2,946.58$ (880.04)$ 2,066.54$ 2821926 Lot Type 1 Prepaid -$ -$ -$ -$ 2821923 Lot Type 1 30,493.11$ 2,946.58$ (539.18)$ 2,407.40$ 2821958 Lot Type 1 30,493.11$ 2,946.58$ (686.55)$ 2,260.03$ 2821907 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2822120 Lot Type 2 34,863.45$ 3,368.89$ (463.02)$ 2,905.87$ 2822106 Lot Type 2 34,863.45$ 3,368.89$ (432.90)$ 2,935.99$ 2821956 Lot Type 1 30,493.11$ 2,946.58$ (745.50)$ 2,201.08$ 2821973 Lot Type 1 30,493.11$ 2,946.58$ (228.09)$ 2,718.49$ 2821979 Lot Type 1 30,493.11$ 2,946.58$ (487.67)$ 2,458.91$ 2822121 Lot Type 2 34,863.45$ 3,368.89$ (537.11)$ 2,831.78$ 2822139 Non-Benefited Property -$ -$ -$ -$ Improvement Area #1[a] HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 18 Property ID Lot Type Notes Outstanding Assessment Annual Installment before TIRZ TIRZ#2 Annual Credit Amount Annual Installment Due 1/31/2024[b],[c] 2822042 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2821966 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2821980 Lot Type 1 30,493.11$ 2,946.58$ (869.14)$ 2,077.44$ 2822107 Lot Type 2 34,863.45$ 3,368.89$ (463.02)$ 2,905.87$ 2821912 Lot Type 1 30,493.11$ 2,946.58$ (748.90)$ 2,197.68$ 2821915 Lot Type 1 30,493.11$ 2,946.58$ (496.84)$ 2,449.74$ 2822091 Lot Type 2 34,863.45$ 3,368.89$ (488.33)$ 2,880.56$ 2821994 Lot Type 1 30,493.11$ 2,946.58$ (487.04)$ 2,459.54$ 2822024 Lot Type 1 30,493.11$ 2,946.58$ (395.35)$ 2,551.23$ 2821927 Lot Type 1 30,493.11$ 2,946.58$ (430.47)$ 2,516.11$ 2821957 Lot Type 1 30,493.11$ 2,946.58$ (552.82)$ 2,393.76$ 2822134 Non-Benefited Property -$ -$ -$ -$ 2821906 Lot Type 1 30,493.11$ 2,946.58$ (356.53)$ 2,590.05$ 2822142 Non-Benefited Property -$ -$ -$ -$ 2822079 Lot Type 2 34,863.45$ 3,368.89$ (1,316.00)$ 2,052.89$ 2821921 Lot Type 1 30,493.11$ 2,946.58$ (440.97)$ 2,505.61$ 2821919 Lot Type 1 30,493.11$ 2,946.58$ (339.54)$ 2,607.04$ 2821951 Lot Type 1 30,493.11$ 2,946.58$ (475.19)$ 2,471.39$ 2821953 Lot Type 1 30,493.11$ 2,946.58$ (778.94)$ 2,167.64$ 2821937 Lot Type 1 30,493.11$ 2,946.58$ (356.53)$ 2,590.05$ 2821981 Lot Type 1 30,493.11$ 2,946.58$ (497.60)$ 2,448.98$ 2822124 Lot Type 2 34,863.45$ 3,368.89$ (865.21)$ 2,503.68$ 2822119 Lot Type 2 34,863.45$ 3,368.89$ (463.02)$ 2,905.87$ 2822033 Lot Type 1 30,493.11$ 2,946.58$ (1,151.00)$ 1,795.58$ 2822104 Lot Type 2 34,863.45$ 3,368.89$ (820.98)$ 2,547.91$ 2822045 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822046 Lot Type 2 34,863.45$ 3,368.89$ (228.09)$ 3,140.80$ 2822028 Lot Type 1 30,493.11$ 2,946.58$ (356.53)$ 2,590.05$ 2822143 Non-Benefited Property -$ -$ -$ -$ 2822123 Lot Type 2 34,863.45$ 3,368.89$ (838.45)$ 2,530.44$ 6,875,756.97$ 664,411.95$ (128,265.01)$ 536,146.34$ Notes: Improvement Area #1[a] Total [a] Totals may not match the outstanding Assessment or Annual Installment due to rounding. [b] The Annual Installment covers the period September 1, 2023 to August 31, 2024 and is due by January 31, 2024. [c] Cumulative of TIRZ No. 2 Annual Credit Amount. [d] No property taxes paid to provide TIRZ No. 2 Annual Credit Amount. [e] Property ID 2821998 has partially prepaid its portion of the Assessment. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 19 EXHIBIT A-2 – MAJOR IMPROVEMENT AREA ASSESSMENT ROLL Property ID Lot Type Outstanding Assessment Annual Installment Due 1/31/2024[b],[c] 2719040 Major Improvement Area Initial Parcel 71,985.43$ 7,025.23$ 1001356 Major Improvement Area Initial Parcel 374,980.02$ 36,595.21$ 1007412 Major Improvement Area Initial Parcel 700,548.18$ 68,368.19$ 2719039 Major Improvement Area Initial Parcel 1,647,718.36$ 160,804.81$ 2518072 Major Improvement Area Initial Parcel 624,768.01$ 60,972.62$ 3,420,000.00$ 333,766.06$ Notes: Major Improvement Area[a] Total [a] Totals may not match the outstanding Assessment or Annual Installment due to rounding. [b]For billing purposes only,until a plat has been recorded with the Major Improvement Area Initial Parcel, the Annual Installment will be billed to each Tax Parcel within the Major Improvement Area Initial Parcel based on the acreage of the Tax Parcel as calculated by the Collin County Appraisal District. [c]The Annual Installment covers the period September 1,2023 to August 31,2024 and is due by January 31, 2024. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 20 EXHIBIT A-3 – IMPROVEMENT AREA #2 ASSESSMENT ROLL Property ID Lot Type Outstanding Assessment Annual Installment Due 1/31/24[a],[b],[c] 2822057 Improvement Area #2 Initial Parcel 115,806.78$ 9,541.09$ 1001356 Improvement Area #2 Initial Parcel 1,472,450.37$ 121,312.28$ 2518072 Improvement Area #2 Initial Parcel 3,891,005.26$ 320,572.23$ 2719039 Improvement Area #2 Initial Parcel 1,179,732.34$ 97,195.82$ 2518072 Improvement Area #2 Initial Parcel 3,891,005.26$ 320,572.23$ 10,550,000.00$ 869,193.65$ Footnotes: [a] Totals may not match the outstanding Assessment or Annual Installment due to rounding. [b]For billing purposes only,until a plat has been recorded with the Improvement Area #2 Initial Parcel,the Annual Installment will be billed to each Tax Parcel within the Improvement Area #2 Initial Parcel based on the acreage of the Tax Parcel as calculated by the Collin County Appraisal District. [c]The Annual Installment covers the period September 1,2023 to August 31,2024 and is due by January 31, 2024. Improvement Area #2 Total HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 21 EXHIBIT B-1 – IMPROVEMENT AREA #1 DEBT SERVICE SCHEDULE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 22 EXHIBIT B-2 – MAJOR IMPROVEMENT AREA DEBT SERVICE SCHEDULE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 23 EXHIBIT B-3 –IMPROVEMENT AREA #2 DEBT SERVICE SCHEDULE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 24 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 25 EXHIBIT C – LOT TYPE CLASSIFICATION MAP Commented [AS1]: Body of document doesn't have any reference to Exhibit C. Don’t remember if this is supposed to go in Parcel Subdivision or Lot and Home Sales but should be referenced in the body of document. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT 2023 ANNUAL SERVICE PLAN UPDATE 26 EXHIBIT D – BUYER DISCLOSURES Forms of the buyer disclosures for the following Lot Types are found in this Exhibit: ▪Improvement Area #1 o Lot Type 1 o Lot Type 2 o Lot Type 2821988 ▪Major Improvement Area o Major Improvement Area (Less Improvement Area #2) ▪Improvement Area #2 o Improvement Area #2 Initial Parcel o Lot Type 3 o Lot Type 4 o Lot Type 5 o Lot Type 6 o Lot Type 7 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 1 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.0035), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 1 PRINCIPAL ASSESSMENT: $30,493.11 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment Annual Installment Due January 31,Principal Interest[a] Annual Collection Additional Interest Total Annual Installment[b],[c] 2024 541.04$ 1,954.30$ 298.78$ 152.47$ 2,946.58$ 2025 562.68$ 1,923.19$ 304.75$ 149.76$ 2,940.38$ 2026 584.32$ 1,890.83$ 310.85$ 146.95$ 2,932.95$ 2027 627.61$ 1,857.23$ 317.07$ 144.03$ 2,945.93$ 2028 670.89$ 1,821.15$ 323.41$ 140.89$ 2,956.33$ 2029 714.17$ 1,782.57$ 329.88$ 137.53$ 2,964.15$ 2030 735.82$ 1,741.50$ 336.47$ 133.96$ 2,947.76$ 2031 800.74$ 1,693.68$ 343.20$ 130.28$ 2,967.90$ 2032 844.02$ 1,641.63$ 350.07$ 126.28$ 2,962.00$ 2033 908.95$ 1,586.77$ 357.07$ 122.06$ 2,974.84$ 2034 952.23$ 1,527.69$ 364.21$ 117.51$ 2,961.64$ 2035 1,017.16$ 1,465.79$ 371.49$ 112.75$ 2,967.20$ 2036 1,082.08$ 1,399.67$ 378.92$ 107.67$ 2,968.35$ 2037 1,168.65$ 1,329.34$ 386.50$ 102.26$ 2,986.75$ 2038 1,233.57$ 1,253.38$ 394.23$ 96.41$ 2,977.60$ 2039 1,320.14$ 1,173.19$ 402.12$ 90.25$ 2,985.70$ 2040 1,406.71$ 1,087.39$ 410.16$ 83.65$ 2,987.90$ 2041 1,514.92$ 995.95$ 418.36$ 76.61$ 3,005.84$ 2042 1,601.48$ 897.48$ 426.73$ 69.04$ 2,994.73$ 2043 1,709.69$ 793.38$ 435.26$ 61.03$ 2,999.37$ 2044 1,839.54$ 682.25$ 443.97$ 52.48$ 3,018.25$ 2045 1,947.75$ 562.68$ 452.85$ 43.28$ 3,006.57$ 2046 2,099.24$ 436.08$ 461.91$ 33.54$ 3,030.77$ 2047 2,229.09$ 299.63$ 471.14$ 23.05$ 3,022.91$ 2048 2,380.58$ 154.74$ 480.57$ 11.90$ 3,027.79$ Total 30,493.11$ 31,951.48$ 9,569.97$ 2,465.63$ 74,480.20$ Notes: [a] Interest is calculated at a 6.46% rate. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs,reserve fund requirements,interest earnings,or other available offsets could increase or decrease the amounts shown. [c]The projected Annual Installment does not include the Maximum TIRZ No.2 Annual Credit Amount of $1,151 for Lot Type 1.The Assessment Roll shall be updated in each Annual Service Plan Update to include the actual TIRZ No. 2 Annual Credit Amount applicable to each Lot. ANNUAL INSTALLMENTS - LOT TYPE 1 HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 2 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 2 PRINCIPAL ASSESSMENT: $34,863.45 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - LOT TYPE 2 Annual Installment Due January 31,Principal Interest[a] Annual Collection Additional Interest Total Annual Installment[b],[c] 2024 618.59$ 2,234.39$ 341.60$ 174.32$ 3,368.89$ 2025 643.33$ 2,198.82$ 348.43$ 171.22$ 3,361.81$ 2026 668.07$ 2,161.83$ 355.40$ 168.01$ 3,353.31$ 2027 717.56$ 2,123.42$ 362.51$ 164.67$ 3,368.15$ 2028 767.05$ 2,082.16$ 369.76$ 161.08$ 3,380.04$ 2029 816.53$ 2,038.05$ 377.15$ 157.24$ 3,388.98$ 2030 841.28$ 1,991.10$ 384.70$ 153.16$ 3,370.24$ 2031 915.51$ 1,936.42$ 392.39$ 148.96$ 3,393.27$ 2032 964.99$ 1,876.91$ 400.24$ 144.38$ 3,386.52$ 2033 1,039.22$ 1,814.19$ 408.24$ 139.55$ 3,401.21$ 2034 1,088.71$ 1,746.64$ 416.41$ 134.36$ 3,386.11$ 2035 1,162.94$ 1,675.87$ 424.74$ 128.91$ 3,392.46$ 2036 1,237.17$ 1,600.28$ 433.23$ 123.10$ 3,393.78$ 2037 1,336.14$ 1,519.86$ 441.90$ 116.91$ 3,414.82$ 2038 1,410.37$ 1,433.01$ 450.73$ 110.23$ 3,404.35$ 2039 1,509.35$ 1,341.34$ 459.75$ 103.18$ 3,413.62$ 2040 1,608.32$ 1,243.23$ 468.94$ 95.63$ 3,416.13$ 2041 1,732.04$ 1,138.69$ 478.32$ 87.59$ 3,436.64$ 2042 1,831.01$ 1,026.11$ 487.89$ 78.93$ 3,423.94$ 2043 1,954.73$ 907.09$ 497.65$ 69.78$ 3,429.25$ 2044 2,103.19$ 780.04$ 507.60$ 60.00$ 3,450.83$ 2045 2,226.91$ 643.33$ 517.75$ 49.49$ 3,437.47$ 2046 2,400.11$ 498.58$ 528.11$ 38.35$ 3,465.15$ 2047 2,548.57$ 342.57$ 538.67$ 26.35$ 3,456.16$ 2048 2,721.77$ 176.92$ 549.44$ 13.61$ 3,461.74$ Total 34,863.45$ 36,530.85$ 10,941.56$ 2,819.02$ 85,154.88$ Notes: [a] Interest is calculated at a 6.46% rate. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs,reserve fund requirements,interest earnings,or other available offsets could increase or decrease the amounts shown. [c]The projected Annual Installment does not include the Maximum TIRZ No.2 Annual Credit Amount of $1,316 for Lot Type 2.The Assessment Roll shall be updated in each Annual Service Plan Update to include the actual TIRZ No. 2 Annual Credit Amount applicable to each Lot. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 2821998 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 2821998 PRINCIPAL ASSESSMENT: $26,826.65 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - LOT TYPE 2821988 Annual Installment Due January 31,Principal Interest[a] Annual Collection Costs Additional Interest Total Annual Installment[b],[c] 2024 475.99$ 1,719.31$ 262.85$ 134.13$ 2,592.29$ 2025 495.03$ 1,691.94$ 268.11$ 131.75$ 2,586.84$ 2026 514.07$ 1,663.48$ 273.47$ 129.28$ 2,580.30$ 2027 552.15$ 1,633.92$ 278.94$ 126.71$ 2,591.72$ 2028 590.22$ 1,602.17$ 284.52$ 123.95$ 2,600.87$ 2029 628.30$ 1,568.24$ 290.21$ 121.00$ 2,607.75$ 2030 647.34$ 1,532.11$ 296.02$ 117.85$ 2,593.32$ 2031 704.46$ 1,490.03$ 301.94$ 114.62$ 2,611.05$ 2032 742.54$ 1,444.24$ 307.98$ 111.10$ 2,605.85$ 2033 799.66$ 1,395.98$ 314.13$ 107.38$ 2,617.15$ 2034 837.74$ 1,344.00$ 320.42$ 103.38$ 2,605.54$ 2035 894.86$ 1,289.54$ 326.83$ 99.20$ 2,610.42$ 2036 951.97$ 1,231.38$ 333.36$ 94.72$ 2,611.44$ 2037 1,028.13$ 1,169.50$ 340.03$ 89.96$ 2,627.62$ 2038 1,085.25$ 1,102.67$ 346.83$ 84.82$ 2,619.57$ 2039 1,161.41$ 1,032.13$ 353.77$ 79.39$ 2,626.70$ 2040 1,237.57$ 956.64$ 360.84$ 73.59$ 2,628.64$ 2041 1,332.76$ 876.20$ 368.06$ 67.40$ 2,644.42$ 2042 1,408.92$ 789.57$ 375.42$ 60.74$ 2,634.65$ 2043 1,504.12$ 697.99$ 382.93$ 53.69$ 2,638.73$ 2044 1,618.36$ 600.22$ 390.59$ 46.17$ 2,655.33$ 2045 1,713.55$ 495.03$ 398.40$ 38.08$ 2,645.06$ 2046 1,846.83$ 383.65$ 406.37$ 29.51$ 2,666.35$ 2047 1,961.07$ 263.60$ 414.49$ 20.28$ 2,659.44$ 2048 2,094.34$ 136.13$ 422.78$ 10.47$ 2,663.73$ Total 26,826.65$ 28,109.67$ 8,419.29$ 2,169.17$ 65,524.78$ Notes: [a] Interest is calculated at a 6.46% rate. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings,or other available offsets could increase or decrease the amounts shown. [c]The projected Annual Installment does not include the Maximum TIRZ No.2 Annual Credit Amount of $1,151 for Lot Type 1.The Assessment Roll shall be updated in each Annual Service Plan Update to include the actual TIRZ No. 2 Annual Credit Amount applicable to each Lot. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT – MAJOR IMPROVEMENT AREA INITIAL PARCEL (LESS IMPROVEMENT AREA #2) BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS MAJOR IMPROVEMENT AREA INITIAL PARCEL(LESS IMPROVEMENT AREA #2) PRINCIPAL ASSESSMENT: $1,682,281.79 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - MAJOR IMPROVEMENT AREA INTIAL PARCEL (LESS IMPROVEMENT AREA #2) Annual Installment Due January 31,Principal Interes[a] Annual Collection Costs Additional Interest Reserve Fund Total Annual Installment[b] 2024 29,004.86$ 110,073.44$ 14,002.61$ 8,266.38$ -$ 161,347.29$ 2025 31,421.93$ 108,333.15$ 14,282.66$ 8,121.36$ -$ 162,160.10$ 2026 33,839.00$ 106,447.83$ 14,568.31$ 7,964.25$ -$ 162,821.40$ 2027 33,839.00$ 104,417.49$ 14,859.68$ 7,795.06$ -$ 160,914.23$ 2028 36,256.07$ 102,387.15$ 15,156.87$ 7,625.86$ -$ 161,429.96$ 2029 38,673.14$ 100,211.79$ 15,460.01$ 7,444.58$ -$ 161,794.52$ 2030 41,090.22$ 97,891.40$ 15,769.21$ 7,251.21$ -$ 162,008.04$ 2031 43,507.29$ 95,117.81$ 16,084.59$ 7,045.76$ -$ 161,762.45$ 2032 45,924.36$ 92,181.07$ 16,406.29$ 6,828.23$ -$ 161,347.94$ 2033 48,341.43$ 89,081.17$ 16,734.41$ 6,598.61$ -$ 160,764.62$ 2034 50,758.50$ 85,818.12$ 17,069.10$ 6,356.90$ -$ 160,012.63$ 2035 55,592.65$ 82,391.93$ 17,410.48$ 6,103.11$ -$ 161,509.16$ 2036 58,009.72$ 78,639.42$ 17,758.69$ 5,825.14$ -$ 160,244.97$ 2037 62,843.86$ 74,723.77$ 18,113.87$ 5,535.09$ -$ 161,229.59$ 2038 67,678.00$ 70,481.81$ 18,476.14$ 5,220.87$ -$ 161,870.83$ 2039 72,512.15$ 65,913.54$ 18,845.67$ 4,882.48$ -$ 162,168.84$ 2040 74,929.22$ 61,018.97$ 19,222.58$ 4,519.92$ -$ 159,706.69$ 2041 82,180.43$ 55,961.25$ 19,607.03$ 4,145.28$ -$ 161,910.99$ 2042 87,014.58$ 50,414.07$ 19,999.17$ 3,734.38$ -$ 161,180.19$ 2043 91,848.72$ 44,540.59$ 20,399.16$ 3,299.30$ -$ 160,106.76$ 2044 99,099.93$ 38,340.80$ 20,807.14$ 2,840.06$ -$ 161,107.93$ 2045 106,351.15$ 31,651.55$ 21,223.28$ 2,344.56$ -$ 161,591.54$ 2046 113,602.36$ 24,472.85$ 21,647.75$ 1,812.80$ -$ 161,557.76$ 2047 120,853.58$ 16,804.69$ 22,080.70$ 1,244.79$ -$ 161,006.76$ 2048 128,104.79$ 8,647.07$ 22,522.32$ 640.52$ (291,300.00)$ 159,938.70$ Total 1,653,276.93$ 1,795,962.71$ 448,507.73$ 133,446.52$ (291,300.00)$ 4,031,493.88$ Footnotes: [a] Interest is calculated at a 6.46% rate. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or other available offsets could increase or decrease the amounts shown. HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT – IMPROVEMENT AREA #2 INITIAL PARCEL BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS IMPROVEMENT AREA #2 INITIAL PARCEL PRINCIPAL ASSESSMENT: $12,316,723.07 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA #2 INITIAL PARCEL Annual Installments Due 1/31 Principal Interest [a] Additional Interest Reserve Fund Principal Interest [b] Additional Interest Reserve Fund Total Annual Collection Costs Total Annual Installment[c] 2024 151,000.00$ 614,660.00$ 52,750.00$ -$ 30,995.14$ 117,626.56$ 8,833.62$ -$ 65,747.10$ 1,041,612.42$ 2025 158,000.00$ 607,110.00$ 51,995.00$ -$ 33,578.07$ 115,766.85$ 8,678.64$ -$ 67,062.04$ 1,042,190.61$ 2026 166,000.00$ 599,210.00$ 51,205.00$ -$ 36,161.00$ 113,752.17$ 8,510.75$ -$ 68,403.29$ 1,043,242.20$ 2027 175,000.00$ 590,910.00$ 50,375.00$ -$ 36,161.00$ 111,582.51$ 8,329.94$ -$ 69,771.35$ 1,042,129.80$ 2028 183,000.00$ 582,160.00$ 49,500.00$ -$ 38,743.93$ 109,412.85$ 8,149.14$ -$ 71,166.78$ 1,042,132.69$ 2029 193,000.00$ 573,010.00$ 48,585.00$ -$ 41,326.86$ 107,088.21$ 7,955.42$ -$ 72,590.11$ 1,043,555.60$ 2030 204,000.00$ 561,912.50$ 47,620.00$ -$ 43,909.78$ 104,608.60$ 7,748.79$ -$ 74,041.92$ 1,043,841.59$ 2031 216,000.00$ 550,182.50$ 46,600.00$ -$ 46,492.71$ 101,644.69$ 7,529.24$ -$ 75,522.75$ 1,043,971.90$ 2032 228,000.00$ 537,762.50$ 45,520.00$ -$ 49,075.64$ 98,506.43$ 7,296.77$ -$ 77,033.21$ 1,043,194.56$ 2033 241,000.00$ 524,652.50$ 44,380.00$ -$ 51,658.57$ 95,193.83$ 7,051.39$ -$ 78,573.87$ 1,042,510.17$ 2034 256,000.00$ 510,795.00$ 43,175.00$ -$ 54,241.50$ 91,706.88$ 6,793.10$ -$ 80,145.35$ 1,042,856.83$ 2035 270,000.00$ 496,075.00$ 41,895.00$ -$ 59,407.35$ 88,045.57$ 6,521.89$ -$ 81,748.26$ 1,043,693.08$ 2036 286,000.00$ 480,550.00$ 40,545.00$ -$ 61,990.28$ 84,035.58$ 6,224.86$ -$ 83,383.22$ 1,042,728.94$ 2037 303,000.00$ 464,105.00$ 39,115.00$ -$ 67,156.14$ 79,851.23$ 5,914.91$ -$ 85,050.89$ 1,044,193.17$ 2038 321,000.00$ 446,682.50$ 37,600.00$ -$ 72,322.00$ 75,318.19$ 5,579.13$ -$ 86,751.91$ 1,045,253.72$ 2039 340,000.00$ 428,225.00$ 35,995.00$ -$ 77,487.85$ 70,436.46$ 5,217.52$ -$ 88,486.94$ 1,045,848.77$ 2040 360,000.00$ 408,675.00$ 34,295.00$ -$ 80,070.78$ 65,206.03$ 4,830.08$ -$ 90,256.68$ 1,043,333.57$ 2041 382,000.00$ 387,975.00$ 32,495.00$ -$ 87,819.57$ 59,801.25$ 4,429.72$ -$ 92,061.82$ 1,046,582.36$ 2042 404,000.00$ 366,010.00$ 30,585.00$ -$ 92,985.42$ 53,873.43$ 3,990.62$ -$ 93,903.05$ 1,045,347.53$ 2043 428,000.00$ 342,780.00$ 28,565.00$ -$ 98,151.28$ 47,596.91$ 3,525.70$ -$ 95,781.11$ 1,044,400.01$ 2044 455,000.00$ 317,100.00$ 26,425.00$ -$ 105,900.07$ 40,971.70$ 3,034.94$ -$ 97,696.74$ 1,046,128.45$ 2045 483,000.00$ 289,800.00$ 24,150.00$ -$ 113,648.85$ 33,823.45$ 2,505.44$ -$ 99,650.67$ 1,046,578.41$ 2046 514,000.00$ 260,820.00$ 21,735.00$ -$ 121,397.64$ 26,152.15$ 1,937.20$ -$ 101,643.68$ 1,047,685.67$ 2047 546,000.00$ 229,980.00$ 19,165.00$ -$ 129,146.42$ 17,957.81$ 1,330.21$ -$ 103,676.56$ 1,047,256.00$ 2048 580,000.00$ 197,220.00$ 16,435.00$ -$ 136,895.21$ 9,240.43$ 684.48$ (150,481.41)$ 105,750.09$ 895,743.79$ 2049 616,000.00$ 162,420.00$ 13,535.00$ -$ -$ -$ -$ -$ 83,315.96$ 875,270.96$ 2050 655,000.00$ 125,460.00$ 10,455.00$ -$ -$ -$ -$ -$ 84,982.28$ 875,897.28$ 2051 696,000.00$ 86,160.00$ 7,180.00$ -$ -$ -$ -$ -$ 86,681.93$ 876,021.93$ 2052 740,000.00$ 44,400.00$ 3,700.00$ (784,400.00)$ -$ -$ -$ -$ 88,415.56$ 92,115.56$ Total 10,550,000.00$ 11,786,802.50$ 995,575.00$ (784,400.00)$ 1,766,723.07$ 1,919,199.79$ 142,603.48$ (150,481.41)$2,449,295.12$ 28,675,317.55$ Footnotes: [a] Interest on the Improvement Area #2 Bond is calculated at a 5.000%, 5.750%, and 6.000% interest rate for bonds with a maturity of 9/1/2028, 2042, and 2052, respectively. [b] Interest on the Major Improvement Area Bond is calculated at a 6.000% and 6.750% interest rate for bonds with a maturity of 9/1/2029 and 2048, respectively. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings,or other available offsets could increase or decrease the amounts shown. Improvement Area #2 Bond Major Improvement Area Bond HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 3 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 3 PRINCIPAL ASSESSMENT: $29,957.98 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - LOT TYPE 3 Annual Installments Due 1/31 Principal Interest [a] Additional Interest Reserve Fund Principal Interest [b] Additional Interest Reserve Fund Total Annual Collection Costs Total Annual Installment[c] 2024 367.28$ 1,495.04$ 128.30$ -$ 75.39$ 286.10$ 21.49$ -$ 159.92$ 2,533.51$ 2025 384.30$ 1,476.67$ 126.47$ -$ 81.67$ 281.58$ 21.11$ -$ 163.12$ 2,534.92$ 2026 403.76$ 1,457.46$ 124.55$ -$ 87.95$ 276.68$ 20.70$ -$ 166.38$ 2,537.48$ 2027 425.65$ 1,437.27$ 122.53$ -$ 87.95$ 271.40$ 20.26$ -$ 169.70$ 2,534.77$ 2028 445.11$ 1,415.99$ 120.40$ -$ 94.24$ 266.12$ 19.82$ -$ 173.10$ 2,534.78$ 2029 469.43$ 1,393.73$ 118.17$ -$ 100.52$ 260.47$ 19.35$ -$ 176.56$ 2,538.24$ 2030 496.19$ 1,366.74$ 115.83$ -$ 106.80$ 254.44$ 18.85$ -$ 180.09$ 2,538.94$ 2031 525.38$ 1,338.21$ 113.35$ -$ 113.08$ 247.23$ 18.31$ -$ 183.69$ 2,539.25$ 2032 554.56$ 1,308.00$ 110.72$ -$ 119.37$ 239.60$ 17.75$ -$ 187.37$ 2,537.36$ 2033 586.18$ 1,276.11$ 107.95$ -$ 125.65$ 231.54$ 17.15$ -$ 191.12$ 2,535.70$ 2034 622.67$ 1,242.41$ 105.01$ -$ 131.93$ 223.06$ 16.52$ -$ 194.94$ 2,536.54$ 2035 656.72$ 1,206.60$ 101.90$ -$ 144.50$ 214.15$ 15.86$ -$ 198.84$ 2,538.58$ 2036 695.64$ 1,168.84$ 98.62$ -$ 150.78$ 204.40$ 15.14$ -$ 202.81$ 2,536.23$ 2037 736.99$ 1,128.84$ 95.14$ -$ 163.34$ 194.22$ 14.39$ -$ 206.87$ 2,539.79$ 2038 780.77$ 1,086.47$ 91.45$ -$ 175.91$ 183.20$ 13.57$ -$ 211.01$ 2,542.37$ 2039 826.98$ 1,041.57$ 87.55$ -$ 188.47$ 171.32$ 12.69$ -$ 215.23$ 2,543.82$ 2040 875.63$ 994.02$ 83.42$ -$ 194.76$ 158.60$ 11.75$ -$ 219.53$ 2,537.70$ 2041 929.14$ 943.67$ 79.04$ -$ 213.60$ 145.45$ 10.77$ -$ 223.92$ 2,545.60$ 2042 982.65$ 890.25$ 74.39$ -$ 226.17$ 131.04$ 9.71$ -$ 228.40$ 2,542.60$ 2043 1,041.02$ 833.74$ 69.48$ -$ 238.73$ 115.77$ 8.58$ -$ 232.97$ 2,540.30$ 2044 1,106.70$ 771.28$ 64.27$ -$ 257.58$ 99.66$ 7.38$ -$ 237.63$ 2,544.50$ 2045 1,174.80$ 704.88$ 58.74$ -$ 276.43$ 82.27$ 6.09$ -$ 242.38$ 2,545.59$ 2046 1,250.20$ 634.39$ 52.87$ -$ 295.28$ 63.61$ 4.71$ -$ 247.23$ 2,548.29$ 2047 1,328.04$ 559.38$ 46.62$ -$ 314.12$ 43.68$ 3.24$ -$ 252.17$ 2,547.24$ 2048 1,410.73$ 479.70$ 39.97$ -$ 332.97$ 22.48$ 1.66$ (366.02)$ 257.22$ 2,178.72$ 2049 1,498.30$ 395.05$ 32.92$ -$ -$ -$ -$ -$ 202.65$ 2,128.92$ 2050 1,593.16$ 305.16$ 25.43$ -$ -$ -$ -$ -$ 206.70$ 2,130.45$ 2051 1,692.88$ 209.57$ 17.46$ -$ -$ -$ -$ -$ 210.84$ 2,130.75$ 2052 1,799.90$ 107.99$ 9.00$ (1,907.90)$ -$ -$ -$ -$ 215.05$ 224.05$ Total 25,660.78$ 28,669.05$ 2,421.54$ (1,907.90)$ 4,297.20$ 4,668.07$ 346.85$ (366.02)$ 5,957.42$ 69,747.00$ Footnotes: [a] Interest on the Improvement Area #2 Bond is calculated at a 5.000%, 5.750%, and 6.000% interest rate for bonds with a maturity of 9/1/2028, 2042, and 2052, respectively. [b] Interest on the Major Improvement Area Bond is calculated at a 6.000% and 6.750% interest rate for bonds with a maturity of 9/1/2029 and 2048, respectively. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings, or other available offsets could increase or decrease the amounts shown. Improvement Area #2 Bond Major Improvement Area Bond HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 4 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 4 PRINCIPAL ASSESSMENT: $33,952.37 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - LOT TYPE 4 Annual Installments Due 1/31 Principal Interest [a] Additional Interest Reserve Fund Principal Interest [b] Additional Interest Reserve Fund Total Annual Collection Costs Total Annual Installment[c] 2024 416.25$ 1,694.38$ 145.41$ -$ 85.44$ 324.25$ 24.35$ -$ 181.24$ 2,871.32$ 2025 435.54$ 1,673.56$ 143.33$ -$ 92.56$ 319.12$ 23.92$ -$ 184.86$ 2,872.91$ 2026 457.60$ 1,651.79$ 141.15$ -$ 99.68$ 313.57$ 23.46$ -$ 188.56$ 2,875.81$ 2027 482.41$ 1,628.91$ 138.86$ -$ 99.68$ 307.59$ 22.96$ -$ 192.33$ 2,872.74$ 2028 504.46$ 1,604.79$ 136.45$ -$ 106.80$ 301.61$ 22.46$ -$ 196.18$ 2,872.75$ 2029 532.03$ 1,579.56$ 133.93$ -$ 113.92$ 295.20$ 21.93$ -$ 200.10$ 2,876.67$ 2030 562.35$ 1,548.97$ 131.27$ -$ 121.04$ 288.36$ 21.36$ -$ 204.10$ 2,877.46$ 2031 595.43$ 1,516.64$ 128.46$ -$ 128.16$ 280.19$ 20.76$ -$ 208.19$ 2,877.82$ 2032 628.51$ 1,482.40$ 125.48$ -$ 135.28$ 271.54$ 20.11$ -$ 212.35$ 2,875.68$ 2033 664.34$ 1,446.26$ 122.34$ -$ 142.40$ 262.41$ 19.44$ -$ 216.60$ 2,873.79$ 2034 705.69$ 1,408.06$ 119.02$ -$ 149.52$ 252.80$ 18.73$ -$ 220.93$ 2,874.75$ 2035 744.28$ 1,367.48$ 115.49$ -$ 163.76$ 242.71$ 17.98$ -$ 225.35$ 2,877.05$ 2036 788.39$ 1,324.69$ 111.77$ -$ 170.88$ 231.65$ 17.16$ -$ 229.85$ 2,874.39$ 2037 835.25$ 1,279.36$ 107.82$ -$ 185.12$ 220.12$ 16.31$ -$ 234.45$ 2,878.43$ 2038 884.87$ 1,231.33$ 103.65$ -$ 199.36$ 207.62$ 15.38$ -$ 239.14$ 2,881.35$ 2039 937.25$ 1,180.45$ 99.22$ -$ 213.60$ 194.17$ 14.38$ -$ 243.92$ 2,882.99$ 2040 992.38$ 1,126.56$ 94.54$ -$ 220.72$ 179.75$ 13.31$ -$ 248.80$ 2,876.06$ 2041 1,053.02$ 1,069.49$ 89.58$ -$ 242.08$ 164.85$ 12.21$ -$ 253.78$ 2,885.02$ 2042 1,113.67$ 1,008.95$ 84.31$ -$ 256.32$ 148.51$ 11.00$ -$ 258.85$ 2,881.61$ 2043 1,179.83$ 944.91$ 78.74$ -$ 270.56$ 131.21$ 9.72$ -$ 264.03$ 2,879.00$ 2044 1,254.26$ 874.12$ 72.84$ -$ 291.92$ 112.94$ 8.37$ -$ 269.31$ 2,883.77$ 2045 1,331.44$ 798.86$ 66.57$ -$ 313.29$ 93.24$ 6.91$ -$ 274.70$ 2,885.01$ 2046 1,416.90$ 718.98$ 59.91$ -$ 334.65$ 72.09$ 5.34$ -$ 280.19$ 2,888.06$ 2047 1,505.11$ 633.96$ 52.83$ -$ 356.01$ 49.50$ 3.67$ -$ 285.80$ 2,886.87$ 2048 1,598.83$ 543.66$ 45.30$ -$ 377.37$ 25.47$ 1.89$ (414.82)$ 291.51$ 2,469.21$ 2049 1,698.07$ 447.73$ 37.31$ -$ -$ -$ -$ -$ 229.67$ 2,412.78$ 2050 1,805.58$ 345.84$ 28.82$ -$ -$ -$ -$ -$ 234.26$ 2,414.51$ 2051 1,918.60$ 237.51$ 19.79$ -$ -$ -$ -$ -$ 238.95$ 2,414.85$ 2052 2,039.89$ 122.39$ 10.20$ (2,162.28)$ -$ -$ -$ -$ 243.73$ 253.93$ Total 29,082.21$ 32,491.59$ 2,744.41$ (2,162.28)$ 4,870.16$ 5,290.48$ 393.10$ (414.82)$ 6,751.75$ 79,046.60$ Footnotes: [a] Interest on the Improvement Area #2 Bond is calculated at a 5.000%, 5.750%, and 6.000% interest rate for bonds with a maturity of 9/1/2028, 2042, and 2052, respectively. [b] Interest on the Major Improvement Area Bond is calculated at a 6.000% and 6.750% interest rate for bonds with a maturity of 9/1/2029 and 2048, respectively. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings, or other available offsets could increase or decrease the amounts shown. Improvement Area #2 Bond Major Improvement Area Bond HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 5 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 5 PRINCIPAL ASSESSMENT: $43,938.37 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - LOT TYPE 5 Annual Installments Due 1/31 Principal Interest [a] Additional Interest Reserve Fund Principal Interest [b] Additional Interest Reserve Fund Total Annual Collection Costs Total Annual Installment[c] 2024 538.67$ 2,192.72$ 188.18$ -$ 110.57$ 419.62$ 31.51$ -$ 234.54$ 3,715.82$ 2025 563.65$ 2,165.79$ 185.49$ -$ 119.79$ 412.98$ 30.96$ -$ 239.24$ 3,717.88$ 2026 592.18$ 2,137.61$ 182.67$ -$ 129.00$ 405.80$ 30.36$ -$ 244.02$ 3,721.64$ 2027 624.29$ 2,108.00$ 179.71$ -$ 129.00$ 398.06$ 29.72$ -$ 248.90$ 3,717.67$ 2028 652.83$ 2,076.78$ 176.59$ -$ 138.21$ 390.32$ 29.07$ -$ 253.88$ 3,717.68$ 2029 688.50$ 2,044.14$ 173.32$ -$ 147.43$ 382.02$ 28.38$ -$ 258.96$ 3,722.75$ 2030 727.74$ 2,004.55$ 169.88$ -$ 156.64$ 373.18$ 27.64$ -$ 264.14$ 3,723.77$ 2031 770.55$ 1,962.71$ 166.24$ -$ 165.86$ 362.60$ 26.86$ -$ 269.42$ 3,724.24$ 2032 813.36$ 1,918.40$ 162.39$ -$ 175.07$ 351.41$ 26.03$ -$ 274.81$ 3,721.47$ 2033 859.74$ 1,871.63$ 158.32$ -$ 184.29$ 339.59$ 25.15$ -$ 280.30$ 3,719.02$ 2034 913.25$ 1,822.20$ 154.02$ -$ 193.50$ 327.15$ 24.23$ -$ 285.91$ 3,720.26$ 2035 963.19$ 1,769.69$ 149.46$ -$ 211.93$ 314.09$ 23.27$ -$ 291.63$ 3,723.24$ 2036 1,020.27$ 1,714.30$ 144.64$ -$ 221.14$ 299.79$ 22.21$ -$ 297.46$ 3,719.80$ 2037 1,080.91$ 1,655.64$ 139.54$ -$ 239.57$ 284.86$ 21.10$ -$ 303.41$ 3,725.03$ 2038 1,145.13$ 1,593.48$ 134.13$ -$ 258.00$ 268.69$ 19.90$ -$ 309.48$ 3,728.81$ 2039 1,212.91$ 1,527.64$ 128.41$ -$ 276.43$ 251.27$ 18.61$ -$ 315.67$ 3,730.93$ 2040 1,284.25$ 1,457.90$ 122.34$ -$ 285.64$ 232.61$ 17.23$ -$ 321.98$ 3,721.96$ 2041 1,362.74$ 1,384.05$ 115.92$ -$ 313.29$ 213.33$ 15.80$ -$ 328.42$ 3,733.55$ 2042 1,441.22$ 1,305.69$ 109.11$ -$ 331.71$ 192.19$ 14.24$ -$ 334.99$ 3,729.15$ 2043 1,526.84$ 1,222.82$ 101.90$ -$ 350.14$ 169.80$ 12.58$ -$ 341.69$ 3,725.77$ 2044 1,623.16$ 1,131.21$ 94.27$ -$ 377.79$ 146.16$ 10.83$ -$ 348.52$ 3,731.93$ 2045 1,723.04$ 1,033.83$ 86.15$ -$ 405.43$ 120.66$ 8.94$ -$ 355.49$ 3,733.54$ 2046 1,833.63$ 930.44$ 77.54$ -$ 433.07$ 93.29$ 6.91$ -$ 362.60$ 3,737.49$ 2047 1,947.79$ 820.42$ 68.37$ -$ 460.71$ 64.06$ 4.75$ -$ 369.85$ 3,735.95$ 2048 2,069.08$ 703.56$ 58.63$ -$ 488.36$ 32.96$ 2.44$ (536.82)$ 377.25$ 3,195.45$ 2049 2,197.50$ 579.41$ 48.28$ -$ -$ -$ -$ -$ 297.22$ 3,122.42$ 2050 2,336.63$ 447.56$ 37.30$ -$ -$ -$ -$ -$ 303.16$ 3,124.65$ 2051 2,482.89$ 307.37$ 25.61$ -$ -$ -$ -$ -$ 309.23$ 3,125.10$ 2052 2,639.86$ 158.39$ 13.20$ (2,798.25)$ -$ -$ -$ -$ 315.41$ 328.61$ Total 37,635.80$ 42,047.94$ 3,551.59$ (2,798.25)$ 6,302.56$ 6,846.50$ 508.72$ (536.82)$ 8,737.55$ 102,295.60$ Footnotes: [a] Interest on the Improvement Area #2 Bond is calculated at a 5.000%, 5.750%, and 6.000% interest rate for bonds with a maturity of 9/1/2028, 2042, and 2052, respectively. [b] Interest on the Major Improvement Area Bond is calculated at a 6.000% and 6.750% interest rate for bonds with a maturity of 9/1/2029 and 2048, respectively. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings, or other available offsets could increase or decrease the amounts shown. Improvement Area #2 Bond Major Improvement Area Bond HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 6 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 6 PRINCIPAL ASSESSMENT: $47,932.76 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – LOT TYPE 6 Annual Installments Due 1/31 Principal Interest [a] Additional Interest Reserve Fund Principal Interest [b] Additional Interest Reserve Fund Total Annual Collection Costs Total Annual Installment[c] 2024 587.64$ 2,392.06$ 205.29$ -$ 120.62$ 457.77$ 34.38$ -$ 255.87$ 4,053.62$ 2025 614.89$ 2,362.68$ 202.35$ -$ 130.68$ 450.53$ 33.77$ -$ 260.98$ 4,055.87$ 2026 646.02$ 2,331.93$ 199.27$ -$ 140.73$ 442.69$ 33.12$ -$ 266.20$ 4,059.97$ 2027 681.04$ 2,299.63$ 196.04$ -$ 140.73$ 434.24$ 32.42$ -$ 271.53$ 4,055.64$ 2028 712.18$ 2,265.58$ 192.64$ -$ 150.78$ 425.80$ 31.71$ -$ 276.96$ 4,055.65$ 2029 751.09$ 2,229.97$ 189.08$ -$ 160.83$ 416.75$ 30.96$ -$ 282.50$ 4,061.19$ 2030 793.90$ 2,186.78$ 185.32$ -$ 170.88$ 407.10$ 30.16$ -$ 288.15$ 4,062.30$ 2031 840.60$ 2,141.14$ 181.35$ -$ 180.93$ 395.57$ 29.30$ -$ 293.91$ 4,062.81$ 2032 887.30$ 2,092.80$ 177.15$ -$ 190.99$ 383.36$ 28.40$ -$ 299.79$ 4,059.78$ 2033 937.90$ 2,041.78$ 172.71$ -$ 201.04$ 370.46$ 27.44$ -$ 305.78$ 4,057.12$ 2034 996.27$ 1,987.85$ 168.02$ -$ 211.09$ 356.89$ 26.44$ -$ 311.90$ 4,058.47$ 2035 1,050.75$ 1,930.57$ 163.04$ -$ 231.19$ 342.65$ 25.38$ -$ 318.14$ 4,061.72$ 2036 1,113.02$ 1,870.15$ 157.79$ -$ 241.25$ 327.04$ 24.23$ -$ 324.50$ 4,057.97$ 2037 1,179.18$ 1,806.15$ 152.22$ -$ 261.35$ 310.76$ 23.02$ -$ 330.99$ 4,063.67$ 2038 1,249.23$ 1,738.35$ 146.33$ -$ 281.45$ 293.11$ 21.71$ -$ 337.61$ 4,067.79$ 2039 1,323.17$ 1,666.52$ 140.08$ -$ 301.56$ 274.12$ 20.30$ -$ 344.36$ 4,070.11$ 2040 1,401.01$ 1,590.43$ 133.47$ -$ 311.61$ 253.76$ 18.80$ -$ 351.25$ 4,060.32$ 2041 1,486.62$ 1,509.88$ 126.46$ -$ 341.77$ 232.73$ 17.24$ -$ 358.28$ 4,072.97$ 2042 1,572.24$ 1,424.39$ 119.03$ -$ 361.87$ 209.66$ 15.53$ -$ 365.44$ 4,068.16$ 2043 1,665.64$ 1,333.99$ 111.17$ -$ 381.97$ 185.23$ 13.72$ -$ 372.75$ 4,064.47$ 2044 1,770.72$ 1,234.05$ 102.84$ -$ 412.13$ 159.45$ 11.81$ -$ 380.20$ 4,071.20$ 2045 1,879.68$ 1,127.81$ 93.98$ -$ 442.29$ 131.63$ 9.75$ -$ 387.81$ 4,072.95$ 2046 2,000.32$ 1,015.03$ 84.59$ -$ 472.44$ 101.78$ 7.54$ -$ 395.56$ 4,077.26$ 2047 2,124.86$ 895.01$ 74.58$ -$ 502.60$ 69.89$ 5.18$ -$ 403.48$ 4,075.59$ 2048 2,257.18$ 767.52$ 63.96$ -$ 532.75$ 35.96$ 2.66$ (585.63)$ 411.55$ 3,485.95$ 2049 2,397.28$ 632.09$ 52.67$ -$ -$ -$ -$ -$ 324.24$ 3,406.28$ 2050 2,549.05$ 488.25$ 40.69$ -$ -$ -$ -$ -$ 330.72$ 3,408.71$ 2051 2,708.61$ 335.31$ 27.94$ -$ -$ -$ -$ -$ 337.34$ 3,409.20$ 2052 2,879.84$ 172.79$ 14.40$ (3,052.63)$ -$ -$ -$ -$ 344.09$ 358.48$ Total 41,057.24$ 45,870.48$ 3,874.46$ (3,052.63)$ 6,875.52$ 7,468.91$ 554.97$ (585.63)$ 9,531.88$ 111,595.20$ Footnotes: [a] Interest on the Improvement Area #2 Bond is calculated at a 5.000%, 5.750%, and 6.000% interest rate for bonds with a maturity of 9/1/2028, 2042, and 2052, respectively. [b] Interest on the Major Improvement Area Bond is calculated at a 6.000% and 6.750% interest rate for bonds with a maturity of 9/1/2029 and 2048, respectively. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings, or other available offsets could increase or decrease the amounts shown. Improvement Area #2 Bond Major Improvement Area Bond HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE LOT TYPE 7 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ STREET ADDRESS LOT TYPE 7 PRINCIPAL ASSESSMENT: $51,927.16 As the purchaser of the real property described above, you are obligated to pay assessments to City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Hurricane Creek Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the District. More information about the assessments, including the amounts and due dates, may be obtained from City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. _________________ 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 ______________ 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF _______ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 ______________ 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF ________ § The foregoing instrument was acknowledged before me by ____________________and __________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 ______________ 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – LOT TYPE 7 Annual Installments Due 1/31 Principal Interest [a] Additional Interest Reserve Fund Principal Interest [b] Additional Interest Reserve Fund Total Annual Collection Costs Total Annual Installment[c] 2024 636.61$ 2,591.40$ 222.39$ -$ 130.68$ 495.91$ 37.24$ -$ 277.19$ 4,391.43$ 2025 666.13$ 2,559.57$ 219.21$ -$ 141.56$ 488.07$ 36.59$ -$ 282.73$ 4,393.86$ 2026 699.85$ 2,526.26$ 215.88$ -$ 152.45$ 479.58$ 35.88$ -$ 288.39$ 4,398.30$ 2027 737.80$ 2,491.27$ 212.38$ -$ 152.45$ 470.43$ 35.12$ -$ 294.16$ 4,393.61$ 2028 771.53$ 2,454.38$ 208.69$ -$ 163.34$ 461.28$ 34.36$ -$ 300.04$ 4,393.62$ 2029 813.69$ 2,415.80$ 204.83$ -$ 174.23$ 451.48$ 33.54$ -$ 306.04$ 4,399.62$ 2030 860.06$ 2,369.02$ 200.77$ -$ 185.12$ 441.03$ 32.67$ -$ 312.16$ 4,400.82$ 2031 910.65$ 2,319.56$ 196.47$ -$ 196.01$ 428.53$ 31.74$ -$ 318.40$ 4,401.37$ 2032 961.25$ 2,267.20$ 191.91$ -$ 206.90$ 415.30$ 30.76$ -$ 324.77$ 4,398.10$ 2033 1,016.05$ 2,211.93$ 187.11$ -$ 217.79$ 401.34$ 29.73$ -$ 331.27$ 4,395.21$ 2034 1,079.29$ 2,153.51$ 182.03$ -$ 228.68$ 386.64$ 28.64$ -$ 337.89$ 4,396.67$ 2035 1,138.32$ 2,091.45$ 176.63$ -$ 250.46$ 371.20$ 27.50$ -$ 344.65$ 4,400.20$ 2036 1,205.77$ 2,025.99$ 170.94$ -$ 261.35$ 354.29$ 26.24$ -$ 351.54$ 4,396.13$ 2037 1,277.44$ 1,956.66$ 164.91$ -$ 283.13$ 336.65$ 24.94$ -$ 358.57$ 4,402.31$ 2038 1,353.33$ 1,883.21$ 158.52$ -$ 304.91$ 317.54$ 23.52$ -$ 365.75$ 4,406.78$ 2039 1,433.44$ 1,805.39$ 151.75$ -$ 326.69$ 296.96$ 22.00$ -$ 373.06$ 4,409.29$ 2040 1,517.76$ 1,722.97$ 144.59$ -$ 337.58$ 274.91$ 20.36$ -$ 380.52$ 4,398.68$ 2041 1,610.51$ 1,635.70$ 137.00$ -$ 370.25$ 252.12$ 18.68$ -$ 388.13$ 4,412.38$ 2042 1,703.26$ 1,543.09$ 128.95$ -$ 392.03$ 227.13$ 16.82$ -$ 395.89$ 4,407.17$ 2043 1,804.44$ 1,445.16$ 120.43$ -$ 413.80$ 200.67$ 14.86$ -$ 403.81$ 4,403.18$ 2044 1,918.27$ 1,336.89$ 111.41$ -$ 446.47$ 172.74$ 12.80$ -$ 411.89$ 4,410.47$ 2045 2,036.32$ 1,221.79$ 101.82$ -$ 479.14$ 142.60$ 10.56$ -$ 420.13$ 4,412.36$ 2046 2,167.02$ 1,099.61$ 91.63$ -$ 511.81$ 110.26$ 8.17$ -$ 428.53$ 4,417.03$ 2047 2,301.93$ 969.59$ 80.80$ -$ 544.48$ 75.71$ 5.61$ -$ 437.10$ 4,415.22$ 2048 2,445.27$ 831.48$ 69.29$ -$ 577.15$ 38.96$ 2.89$ (634.43)$ 445.84$ 3,776.45$ 2049 2,597.05$ 684.76$ 57.06$ -$ -$ -$ -$ -$ 351.26$ 3,690.13$ 2050 2,761.47$ 528.94$ 44.08$ -$ -$ -$ -$ -$ 358.28$ 3,692.77$ 2051 2,934.33$ 363.25$ 30.27$ -$ -$ -$ -$ -$ 365.45$ 3,693.30$ 2052 3,119.83$ 187.19$ 15.60$ (3,307.02)$ -$ -$ -$ -$ 372.76$ 388.36$ Total 44,478.68$ 49,693.02$ 4,197.33$ (3,307.02)$ 7,448.48$ 8,091.32$ 601.21$ (634.43)$ 10,326.20$ 120,894.80$ Footnotes: [a] Interest on the Improvement Area #2 Bond is calculated at a 5.000%, 5.750%, and 6.000% interest rate for bonds with a maturity of 9/1/2028, 2042, and 2052, respectively. [b] Interest on the Major Improvement Area Bond is calculated at a 6.000% and 6.750% interest rate for bonds with a maturity of 9/1/2029 and 2048, respectively. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings, or other available offsets could increase or decrease the amounts shown. Improvement Area #2 Bond Major Improvement Area Bond Item No. 5.t. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Justin Clay AGENDA ITEM: Approve a Resolution authorizing the City Manager to sign a proposal from Precision Fence to install 421 linear feet of 6ft wrought iron fence and two gates for the Police Department. (CIP Manager Justin Clay) SUMMARY: The City of Anna has solicited bids for the installation and materials for a new fence that will surround the east parking lot of the Municipal Campus. FINANCIAL IMPACT: Funding for the City Hall project (furniture, fixtures, and equipment) was appropriated in the FY2023 Community Investment Program budget in the amount of $460,000 from the Infrastructure Investment Fund. The estimated cost of the fencing is $70,000. BACKGROUND: This new fence provides safety for City of Anna squad cars as well as employees' personal vehicles. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Justin Clay - City of Anna - Police Department - Fencing & Gates 2. Precision Fence Resolution 3. Police Fence location map CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PRECISION FENCING FOR THE POLICE STATION FENCE PROJECT, AS SHOWN IN EXHIBIT “A”, ATTACHED HERETO, IN AN AMOUNT NOT TO EXCEED SEVENTY THOUAND DOLLARS ($70,000), WHICH INCLUDES TEN THOUSAND SEVEN HUNDRED ($10,700) FOR CONTINGENCY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City staff has solicited a proposal from Precision Fencing LLC through the Interlocal Purchasing System (TIPS/TAPS) Purchasing Cooperative for the construction work covered in the proposal, and; WHEREAS, the proposed fence project will keep the City of Anna Police Department personal and city-issued assets secure and; WHEREAS, the wrought iron fence will complete the Police Station at the City Hall Municipal Complex. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna authorizes the City Manager to execute an agreement, not to exceed $70,000, with Precision Fencing for the materials and construction of the City of Anna Police Department Fence located at the City Municipal Complex. That funding for the project shall come from the City Municipal Complex budget. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of July 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Item No. 6.a. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution entering into a Development Agreement with Anna 31 Retail, LP, to establish development timelines and design regulations for a self- storage, mini-warehouse development on 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street. (Director of Development Services Ross Altobelli) SUMMARY: The intent of the development agreement is to ensure the use of high quality, durable materials for nonresidential and residential development within the City to create well- designed and attractive architecture. Additionally, the development agreement includes development deadlines associated with the construction of the property. Approving the development agreement in no way puts an obligation on the City Council to approve the zoning amendment. It only puts in place construction deadlines and development and design regulations should the decision be made to approve the zoning amendment request. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The development agreement is associated with a proposed zoning to allow for a self- storage, mini-warehouse development. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Resolution - DA (Anna Retail Addn, Bl A, Lt 9) - self-storage, mini-warehouse 2. Development Agreement - Anna Retail Addn Bl A Lt 9 (Self-Storage) CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 31 RETAIL, LP, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR SELF-STORAGE, MINI-WAREHOUSE DEVELOPMENT GENERALLY LOCATED 370± FEET EAST OF U.S. HIGHWAY 75, 510± FEET SOUTH OF W. WHITE STREET. WHEREAS, Anna 31 Retail LP, is the Property Owners of real estate generally located on located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street; and WHEREAS, Property Owners desire to rezone the subject property to allow for 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 31 Retail, LP, 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 25th day of July 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor 1 | P a g e EXHIBIT A DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of July 25, 2023 (“Effective Date”) between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and Anna 31 Retail, LP, a Texas limited partnership (“Owner”) as follows: RECITALS WHEREAS, the Owner is the sole owner of 1.98± acres of real property, known as Lot 9, in Block A, of Lots 1R, 3R, 6, 7, 8, 9 of Block A, Anna Retail Addition, located wholly within the City’s corporate limits and 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 District (the “Original Zoning Classification”); and, WHEREAS, Owner has applied to rezone the Property to Planned Development -C-2 General Commercial District (PD-C-2) 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, the City and Owner desire to enter into a development agreement to establish development and design regulations to ensure that future self-storage 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: SECTION 1. RECITALS INCORPORATED. 2 | P a g e 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 / 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. 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. 2439, 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 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 the Property from Owner or Owner's successor in title to the Prope rty or any part thereof. 3 | P a g e Nonresidential Buildings A. All structures shall have at least seventy percent (70%) of the total exterior walls, excluding doors and windows, constructed of masonry (brick, stone, pre -cast stone, stucco materials and/or other similar veneer materials) with no more than thirty percent (30%) consisting of cementitious siding or paneling. Stucco materials shall not exceed fifty percent (50%) of any exterior wall or structure. B. 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. C. Four architectural design features are required on facades facing public streets and multi- family residential. Acceptable architectural design features may include but are not limited to: 1) Articulation of building facade, 2) A horizontal change in building materials between stories of a building, 3) Variation in building materials between vertical intervals, 4) Variations in window placement, 5) Architectural features such as shutters, awnings, dormers, chimneys, decorative moldings or ornamental details, and 6) Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. 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 120 W. 7th Street Anna, Texas 75409 To Property Owner: Anna 31 Retail, LP 4 | P a g e c/o David E Claassen 8400 Westchester Dr. Suite 300 Dallas, TX 75225 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 th e 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 25th day of July 2023. 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 time ly meet the following deadlines: 1. Within 180 days after City Council approval of the Zoning Change, Owner will have submitted a preliminary replat (showing easements, fire lanes and utilities for the self-storage, mini warehouse development), site plan, landscaping plan, lighting plan, and civil plans. 2. A preconstruction meeting between Owner and City staff shall occur within 60 days of final approval of the civil plans. 3. Site construction pursuant to final approved civil plans must commence within 60 days after the preconstruction meeting. 4. Owner must submit plans and specifications for the buildings and other improvements not part of the civil plans (the ”Building Plans”) no later than 180 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 self-storage 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). 5. Approval by the City of Anna and recordation in the Official Records of Collin 5 | P a g e County, Texas of the self-storage, mini warehouse development final plat must occur within 360 days of commencement of site construction. 6. Vertical construction pursuant to the Building Plans for approved structures must commence within 120 days after obtaining a building permit. C. 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 Agreeme nt. 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 actual damages t he 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 6 | P a g e 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 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 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 7 | P a g e 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 RE QUIRED 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 (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the design, construction or installation of any of the improvements to the Property or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same. This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This section shall survive the termination of this Agreement. SECTION 8. RECORDATION. This document, including all Exhibits, may be recorded in the Official Records of Collin County, Texas. SECTION 9. ENTIRE AGREEMENT. 8 | P a g e 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 therefrom and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. ESTOPPEL. On or before 45 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 o wner 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, pandemic (but not including the COVID-19 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 9 | P a g e (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 t he 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 projecte d 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] 10 | P a g e CITY OF ANNA By: ____________________ Ryan Henderson, Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2023, appeared Ryan Henderson, 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 Interim City Manager of the City of Anna, Texas. Notary Public, State of Texas Anna 31 Retail, LP, a Texas limited partnership By: DEC Properties, L.L.C., its general partner By:_________________________________ David E. Claassen, its Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned notary public, on the day of , 2023, appeared ___________, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same in his/her capacity as property owner Notary Public, State of Texas EXHIBIT “1” PROPERTY Item No. 6.b. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street from C-2 General Commercial to Planned Development-C-2 General Commercial to allow for the use of Self-Storage, mini-warehouse with modified development standards. (Director of Development Services Ross Altobelli) SUMMARY: The Self-Storage, mini-warehouse land use is currently allowed only within the industrial zoning districts. The applicant is requesting to allow this land use by-right and to permit truck leasing as an accessory use to a self-storage, mini-warehouse development. Below are the existing land use definitions associated with the Self-storage, mini- warehouse and Truck and bus leasing. Self-storage, mini-warehouse: A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units. Truck and bus leasing: The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done. A concept plan, Anna Retail Addition, Block A, Lot 9, accompanies this request. Surrounding Land Use and Zoning North Truck stop (Love’s), zoned C-2 General Commercial District East Vacant land, zoned C-2 General Commercial District. South Future multi-family residence development, zoned Planned Development- Multiple-Family Residential-High Density (Ord. No. 972-2022). West Multi-tenant commercial building, zoned C-2 General Commercial District Proposed Planned Development Stipulations The requested zoning is PD-C-2. There are two primary parts to this request: land use and development standards. Land Use - The applicant is proposing a Planned Development (PD) for the subject property to allow the land use of Self-storage, mini-ware house with Truck leasing as a permitted accessory use. Development Standards -The language in the proposed PD district will modify Planning and Development Regulations and current development standards by. Accessory Use – Allow Truck leasing as an accessory use to a self-storage, mini- warehouse development and limit the accessory use to a maximum of 10 trucks on site. Storage - Prohibit outside storage or boat/RV storage. Maximum Height – Increase allowed maximum height to 3 story/50 feet. ￿ The C-2 zoning district area regulations has a maximum height allowance of 35 feet. The requested increase will support the interior floor dimensions and to properly screen mechanical equipment that will be located on the roof. Parking - Reduce parking requirement to 1 space per 40 storage cubicles and require 10 spaces for truck leasing. ￿ Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires a minimum of 1 space per 20 storage cubicles plus 1 per 1,000 sf GFA of office and 2 per living quarters. *City Council has approved a parking reduction in the last two self-storage, mini- warehouse zoning requests (1 per 100 storage cubicles). Screening - Not require a wall or fence along the southern property boundary. ￿ The C-2 zoning requires a wall or fence of not less than six feet whenever a C-2 use abuts a multi-family residence zoning district. A future multi-family residence development will be located immediately to the south of the proposed development. Between the developments is a shared fire lane that will serve the purpose of east/west spine road between U.S. Highway 75 and future Buddy Hayes Boulevard. To improve the aesthetics the development is requesting to waive the fencing requirement and propose a 15-foot landscape buffer adjacent to the fire lane. Landscaping - Enhance the screening along the northern property boundary shared with the truck stop with the following. a. Minimum 6-foot wood fencing with masonry columns every 20 feet. b. Enhanced planting within the required 5-foot perimeter landscape area between the parking spaces and adjacent property to include: i. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and ii. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. Hours of operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays) Attached (Exhibit B) is additional information and justification provided by the applicant on the proposed development standards. Conformance with the Anna2050 Comprehensive Plan Future Land Use Plan – The Future Land Use Plan designates this property as Community Commercial. Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. Although self-storage, mini-warehouse is not identified as a retail or service land use. The proposed development consists of a freestanding building that would provide a storage opportunity/service for neighbors that will be living within future surrounding multi-family developments. CONCLUSION: The applicant is requesting to rezone the property to a Planned Development to allow for a self-storage, mini-warehouse development that will offer Truck leasing as a permitted accessory use. Some attributes the proposed zoning request provides includes: • Development will include a 3-story building that will serve as a visual buffer between the future multi-family development to the south and the existing truck stop to the north. • The proposed facility will have limited hours of operation and prohibit outside storage. • The proposed development form is a single, multi-story, climate-controlled building. • The applicant has agreed to enter into a Development Agreement that will include building design and material requirements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the Thursday, July 6, 2023 Planning and Zoning Commission meeting, the commission recommended approval subject to the restrictions listed below. Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in C-2 General Commercial district and the Planning and Development Regulations except as otherwise specified herein. i. Zoning District Area Regulations: 1. Maximum height (feet): 3 story / 50 feet ii. Permitted Uses: 1. All uses allowed by-right and by specific use permit in the C-2 General Commercial zoning districts with the following exceptions: a. Self-storage, mini-warehouse with Truck leasing as a permitted accessory use. iii. Storage: Outside storage and/or boat/RV storage is prohibited. iv. Screening: 1. No wall or fence shall be required along the southern property boundary. 2. Truck leasing vehicles are not required to be screened. v. Parking: Self-service warehouse - 1 per 40 storage cubicles and 10 spaces for truck leasing. vi. Landscaping - Landscaping shall conform to City ordinances with the following exception along the northern property boundary within the required 5-foot perimeter landscape area between the parking spaces and adjacent property: 1. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and 2. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. 3. A minimum 6-foot wood fencing with masonry columns every 20 feet. vii. Hours of Operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays). C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non-substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Concept Plan will expire after two (2) years of approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Retail Addition, Block A, Lot 9 Zoning Locator Map 2. Ordinance - Anna Retail Addn, Bl A, Lt 9 (Self-storage) 3. Exhibit 1 - Ord. (CP) Anna Retail Addn, Bl A, Lt 9 4. P&Z - STAFF REPORT (Zoning) - Anna Retail Addition, Bl A, Lt 9 (self-storage) 5. Exhibit A - (CP) Anna Retail Addn, Bl A, Lt 9 6. Exhibit B - (PD Stipulation Justification) Anna Retail Addn, Bl A, Lt 9 W WHITE ST S CENTRAL EXPYUS HIGHWAY 75S BUDDY HAYES BLVDCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet May 2023 H:\Notification Maps\Notification Maps\ Zoning - Anna Retail Addition, Block A, Lot 9 1 CITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street. ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment from Anna 31 Retail LP on Property depicted in Exhibit 1 (“Concept Plan”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street is rezoned from C-2 General Commercial to Planned Development-C-2 General Commercial; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances (the “Anna Code”) are hereby amended by amending the zoning of the Property as depicted in the Concept Plan on the attached Exhibit 1. 1. Purpose. 2 The purpose of this Planned Development District is to facilitate the development of high- quality Self-Storage, mini-warehouse with modified development standards. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City’s Zoning Ordinance shall apply. 3. Development Standards. A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit 1). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in C-2 General Commercial district and the Planning and Development Regulations except as otherwise specified herein. i. Zoning District Area Regulations: 1. Maximum height (feet): 3 story / 50 feet ii. Permitted Uses: 1. All uses allowed by-right and by specific use permit in the C-2 General Commercial zoning districts with the following exceptions: a. Self-storage, mini-warehouse with Truck leasing as a permitted accessory use. iii. Storage: Outside storage and/or boat/RV storage is prohibited. iv. Screening: No wall or fence shall be required along the southern property boundary. v. Parking: Self-service warehouse - 1 per 20 storage cubicles and 10 spaces for truck leasing. vi. Landscaping - Landscaping shall conform to City ordinances with the following exception along the northern property boundary within the required 5-foot perimeter landscape area between the parking spaces and adjacent property: 3 1. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and 2. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. 3. A minimum 6-foot wood fencing with masonry columns every 20 feet. vii. Hours of Operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays). C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non- substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Conceptual Development Plan will expire after two (2) years of approval. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code (“Chapter 3000”) and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that 4 does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 25th day of July 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike CITY OF ANNA Planning & Zoning Commission June 5, 2023 Public Hearing: Zoning – Anna Retail Addition, Block A, Lot 9 Applicant: Anna 31 Retail LP DESCRIPTION: Request to rezone 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street from C-2 General Commercial (C-2) to Planned Development-C-2 General Commercial (PD-C-2) to allow for the use of Self-Storage, mini-warehouse with modified development standards. REMARKS: The Self-Storage, mini-warehouse land use is currently allowed only within the industrial zoning districts. The applicant is requesting to allow this land use by-right and to permit truck leasing as an accessory use to a self-storage, mini-warehouse development. Below are the existing land use definitions associated with the Self-storage, mini- warehouse and Truck and bus leasing. Self-storage, mini-warehouse: A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units. Truck and bus leasing: The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done. A concept plan, Anna Retail Addition, Block A, Lot 9, accompanies this request. Surrounding Land Use and Zoning North Truck stop (Love’s), zoned C-2 General Commercial District East Vacant land, zoned C-2 General Commercial District. South Future multi-family residence development, zoned Planned Development- Multiple-Family Residential-High Density (Ord. No. 972-2022). West Multi-tenant commercial building, zoned C-2 General Commercial District PAGE 2 OF 5 Proposed Planned Development Stipulations The requested zoning is PD-C-2. There are two primary parts to this request: land use and development standards. Land Use - The applicant is proposing a Planned Development (PD) for the subject property to allow the land use of Self-storage, mini-ware house with Truck leasing as a permitted accessory use. Development Standards -The language in the proposed PD district will modify Planning and Development Regulations and current development standards by. Accessory Use – Allow Truck leasing as an accessory use to a self-storage, mini- warehouse development and limit the accessory use to a maximum of 10 trucks on site. Storage - Prohibit outside storage or boat/RV storage. Maximum Height – Increase allowed maximum height to 3 story/50 feet. ➢The C-2 zoning district area regulations has a maximum height allowance of 35 feet. The requested increase will support the interior floor dimensions and to properly screen mechanical equipment that will be located on the roof. Parking - Reduce parking requirement to 1 space per 40 storage cubicles and require 10 spaces for truck leasing. ➢Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance requires a minimum of 1 space per 20 storage cubicles plus 1 per 1,000 sf GFA of office and 2 per living quarters. *City Council has approved a parking reduction in the last two self-storage, mini- warehouse zoning requests (1 per 100 storage cubicles). Screening - Not require a wall or fence along the southern property boundary. ➢The C-2 zoning requires a wall or fence of not less than six feet whenever a C-2 use abuts a multi-family residence zoning district. A future multi-family residence development will be located immediately to the south of the proposed development. Between the developments is a shared fire lane that will serve the purpose of east/west spine road between U.S. Highway 75 and future Buddy Hayes Boulevard. To improve the aesthetics the development is requesting to waive the fencing requirement and propose a 15-foot landscape buffer adjacent to the fire lane. Landscaping - Enhance the screening along the northern property boundary shared with the truck stop with the following. PAGE 3 OF 5 a. Minimum 6-foot wood fencing with masonry columns every 20 feet. b. Enhanced planting within the required 5-foot perimeter landscape area between the parking spaces and adjacent property to include: i. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and ii. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. Hours of operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays) Attached (Exhibit B) is additional information and justification provided by the applicant on the proposed development standards. Conformance with the Anna2050 Comprehensive Plan Future Land Use Plan – The Future Land Use Plan designates this property as Community Commercial. Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. Although self-storage, mini-warehouse is not identified as a retail or service land use the proposed development consists of a freestanding building that would provide a storage opportunity/service for neighbors that will be living within future surrounding multi-family developments. SUMMARY: The applicant is requesting to rezone the property to a Planned Development to allow for a self-storage, mini-warehouse development that will offer Truck leasing as a permitted accessory use. PAGE 4 OF 5 Some attributes the proposed zoning request provides includes: •Development will include a 3-story building that will serve as a visual buffer between the future multi-family development to the south and the existing truck stop to the north. •The proposed facility will have limited hours of operation and prohibit outside storage. •The proposed development form is a single, multi-story, climate-controlled building. •The applicant has agreed to enter into a Development Agreement that will include building design and material requirements. RECOMMENDATION: If the Commission votes in favor of the zoning request, below are recommended restrictions for the applicants’ zoning request: Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in C-2 General Commercial district and the Planning and Development Regulations except as otherwise specified herein. i. Zoning District Area Regulations: 1. Maximum height (feet): 3 story / 50 feet ii. Permitted Uses: 1. All uses allowed by-right and by specific use permit in the C- 2 General Commercial zoning districts with the following exceptions: a. Self-storage, mini-warehouse with Truck leasing as a permitted accessory use. PAGE 5 OF 5 iii. Storage: Outside storage and/or boat/RV storage is prohibited. iv. Screening: 1. No wall or fence shall be required along the southern property boundary. 2. Truck leasing vehicles are not required to be screened. v. Parking: Self-service warehouse - 1 per 40 storage cubicles and 10 spaces for truck leasing. vi. Landscaping - Landscaping shall conform to City ordinances with the following exception along the northern property boundary within the required 5-foot perimeter landscape area between the parking spaces and adjacent property: 1. Evergreen trees, minimum three feet in height at planting, spaced every 20 feet; and 2. Canopy trees, minimum three inches in caliper and seven feet in height at planting, spaced every 40 feet. 3. A minimum 6-foot wood fencing with masonry columns every 20 feet. vii. Hours of Operation: Daily Building Hours: 6:00 A.M. – 10:00 P.M. (including holidays). C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non- substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Concept Plan will expire after two (2) years of approval. Memorandum 100 N. Cottonwood Drive | Suite 104 | Richardson, Texas | 75080 | 214.810.4535 www.gldevco.com May 24, 2023 TO: City of Anna Planning and Development PO Box 776 Anna, TX 75409 REF: Anna Retail Addition Lot 9 Block A Request to rezone from C2 to PD-C2 Zoning Request Summary and Justification Existing Zoning: C-2 Requested Zoning: PD-C2 Ordinance C-2 Base Request Max Height 35 feet 50 feet Side Yard, Interior 5 feet Unchanged Rear Yard, Interior 10 feet Unchanged Front Yard 25 feet Unchanged Lot Area 10,000 SF Unchanged Lot Width 80 feet Unchanged Lot Depth 100 feet Unchanged Lot Coverage 70% Unchanged Use Add the use of Mini Warehouse/Self Storage and Truck Rental to this district subject to an approved site plan and conditions. Maximum of ten (10) trucks on site, no outside storage or boat/RV storage allowed. Hours of operation Office Hours: Summer Hours: Monday - Saturday, 9:00 A.M. To 6:00 P.M. Winter Hours: Monday - Saturday, 9:00 A.M. To 5:30 P.M. Sunday: Closed Closed on all major holidays Building Hours: Daily: 6:00 A.M. – 10:00 P.M. (including holidays) Security Building will have electronic entry and unit entry via smartphone or Bluetooth fob. 24/7 Video, recording during business hours, and live monitoring when closed. Memorandum 100 N. Cottonwood Drive | Suite 104 | Richardson, Texas | 75080 | 214.810.4535 www.gldevco.com Building Height Request to change the building height from 35 feet to 50 feet, Justification: Our floor-to-floor dimension for this use is 11’, resulting in a 33’ elevation to the top of the structure. The project requires additional height to properly screen the mechanical equipment per the current development code. Landscape Request to remove fencing requirement to multifamily: Multifamily already has landscaping barrier and fencing along the proposed spine road. Justification: this has a spine road straddling the property line to the south, which provides access for this mixed-use district between US 75 and Buddy Hayes. The multifamily PD already has a screening fence on the south side of the spine road. Adding another screen on this property would result in a “tunnel effect” along the spine road – by removing the requirement, the property would be more open to the district as a whole. A 15’ landscape buffer shall be provided on the north side of the spine road. North Buffer: provide a 5’ landscape buffer with a 6’-0” tall wood fence with masonry columns every 20’, evergreens every 20’, and shade trees every 40’. Justification: Existing fire lane in place. We propose to utilize head-in parking, which constrains the north buffer zone. We are adding multiple parking islands to provide ample space for shade trees every 40’ along the buffer zone. Remove landscape buffers on the east and west boundaries of the property. Justification: to the west, the existing fire lane is against the property line; we have the opportunity for an improved landscape area at the main entrance of the building. On the east, we provide a fire lane to straddle both sides of the property line, increasing the efficiencies of both properties. A 5’ landscape buffer shall be provided on the north side of the property. Parking Parking requirement is 1:20 storage units. We request a reduction to 1:40 storage units. Justification: While the current 1:20 ratio may make sense for a single-story, drive-up product, our experience is that parking requirements for a three-story conditioned building are much lower. We have successfully parked our projects at a 1:10,000 SF ratio. The site’s existing conditions allow us to provide ample parking for both passenger vehicles at a rate of 1 space for every 40 units excluding loading area spaces. As an additional community amenity, we propose to provide a minimum of four EV charging parking spaces available to the public. Request for Additional Parking for Truck Rental – 10 Truck maximum Justification: The site layout and orientation to adjacent current structures creates the opportunity to store trucks for rent in an area which is not easily seen from the right of way. We propose a maximum of 10 spaces for truck rentals. No outside storage is permitted (Boat/RV storage, vehicle storage, trailer storage, etc). Item No. 6.c. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding the Anna Retail Addition, Block A, Lot 9, Concept Plan. (Director of Development Services Ross Altobelli) SUMMARY: Self-storage, mini-warehouse on one lot on 2.0± acres located 370± feet east of U.S. Highway 75, 510± feet south of W. White Street. This concept plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose of the concept plan is to show the conceptual layout and related site improvements associated with a future self-storage, mini-warehouse development. The concept plan complies with the Planning and Development regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning & Zoning Commission recommended approval at the July 6, 2023 Planning & Zoning Commission meeting subject to City Council approval of the zoning request. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Retail Addition, Block A, Lot 9 Concept Plan Locator Map 2. RESOLUTION (CP) Anna Retail Addn BL A Lt 9 3. Exhibit A STAMPED- (CP) Anna Retail Addn, Bl A, Lt 9 W WHITE ST S CENTRAL EXPYUS HIGHWAY 75S BUDDY HAYES BLVDCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet May 2023 H:\Notification Maps\Notification Maps\ Concept Plan - Anna Retail Addition, Block A, Lot 9 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONCEPT PLAN FOR ANNA RETAIL ADDITION, BLOCK A, LOT 9. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (Subdivision Regulations”) and Article 9.04 (Zoning Ordinance) of the Anna City Code of Ordinances; and WHEREAS, Anna 31 Retail, LP, has submitted an application for the approval of the Concept Plan for Anna Retail Addition, Block A, Lot 9; and 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 Revised Concept Plan The City Council hereby approves the Concept Plan for Anna Retail Addition, Block A, Lot, 9 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 6.d. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 3.0± acres located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail to allow for a Communications Tower. (Planning Manager Lauren Mecke) SUMMARY: The applicant is proposing to construct a commercial communications tower designed as a 90-foot stealth water tower. The proposed stealth water tower enclosure and associated equipment will be accessed from future Rosemond Parkway and located 60 feet from the right-of-way limits. A site plan (Exhibit A), Villages of Hurricane Creek - North, Block K, Lot 7X, accompanies this request. Surrounding Land Use and Zoning North On the north side of future Rosamond Parkway, single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) East Single-family residences, detached. Zoned Planned Development (Ord. No. 931- 2021) South Future common area lot. Zoned Planned Development (Ord. No. 886-2020) West On the west side of N. Shadybrook Trail, future single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) Proposed Planned Development Stipulations The requested zoning amendment is to allow for a commercial communications tower with modified development standards. There are two primary parts to this request: land use and design standards. Land Use – The applicant is proposing to construct a commercial communications tower on one of the common area lots located within Villages of Hurricane Creek, North, Phase 2. The City of Anna Zoning Ordinance currently prohibits commercial Radio, television, or microwave communications within the residential zoning districts other than within the Agricultural District. Design Standards - The language in the proposed Planned Development (PD) amendment would allow for modified development standards associated with the commercial communications tower. Height and area regulations – Sec. 9.04.033 (Special Uses) of the Zoning Ordinance has a maximum height of 65 feet including mast and antennas, measured from the ground in residential zoning districts. ￿ The applicant is proposing a 90-foot stealth commercial communications tower, with the appearance of a water tower and as an entry feature into the community. Setback - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance requires a minimum setback for towers, including mast and antennas, in excess of 30 feet in residential districts of not less than the height of the tower including mast and antennas minus 30 feet from the nearest property line. ￿ With a 90-foot tower, the minimum setback from property lines is 60 feet. The regulation does not distinguish setbacks between the tower and the accessory equipment. o The proposed tower meets the 60-foot setback from all property lines. The associated screened equipment yard is proposed to be 22 feet from the southern property line. o The property to the south is also a common area lot in the future Villages of Hurricane Creek, Phase 3, subdivision which is part of the overall same master planned development. Residential adjacency - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance does not discuss a distance separation from residential properties for a commercial communications tower located within a residential district. Within the specific requirements for towers located in nonresidential districts, it states: The minimum distance to a residential property line (measured from any point on the tower) shall be two times the total height of the tower (including any mast or antennas). ￿ When overlaying the proposed site plan with the previously approved Revised Preliminary Plat for the Villages of Hurricane Creek and the Final Plats for the Villages of Hurricane Creek, North, the minimum distance for the tower would be more than 140 feet to the nearest residential lot line. The minimum distance of the accessory equipment yard would be 80 feet. ￿ As part of the zoning request, the developer is proposing a stipulation that will maintain the existing stand of trees in between the tower and future residential lots. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the Thursday, July 6, 2023 Planning & Zoning Commission meeting, the Commission voted unanimously to recommend approval of the zoning amendment with the following restrictions. Restrictions: 1. The location of the commercial Radio, television, or microwave communications operation (commercial communications tower) shall be in substantial conformance with the Site Plan (Exhibit A). 2. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Planned Development (Ord. No. 931-2021) zoning district and the Planning and Development Regulations except as otherwise specified herein. a. Commercial Communications Towers: i. Maximum height: 90 feet including mast and antennas, measured from the ground. ii. Minimum front yard setback: 60 feet iii. Minimum setback from the southern property line: 20 feet iv. Minimum residential adjacency separation: 1. Tower: 140 feet 2. Accessory equipment: 80 feet v. Design: The commercial communication towers shall utilize a stealth design and screening elements in substantial conformance with the Site Plan. b. Landscaping: i. The existing stand of trees located to the east and south of the proposed commercial communication tower enclosure shall be preserved. ii. Landscaping and enclosure screening shall be in substantial conformance as shown on the Site Plan (Exhibit A). STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Communications Tower Zoning Amendment Request Locator Map 2. Ordinance (Zoning) Villages of Hurricane Creek - North, Bl K, Lt 7X (Communications Tower) 3. Exhibit A (SP) VHCN, Block K, Lot 7X 4. PZ - STAFF REPORT (Zoning) - Villages of Hurricane Creek Communications Tower N S H A D Y B R O O K T R LMISTYBROOKDR WILDERNESS POINTLNB L U E S P RING DR RUNN I N G S P R I N G S D R STARLIGHTDRTIMBERSHADEDRLONEROCKDRLOFTWOOD L N ASHBROOK LN WINDY HILL LN STILL CREEK LNFAIRDALE DRVALLEYPINESDRL A K E VIL L A G E D R BURWICK LN M O R NIN G D E W DR FAWNCREEK DRFORESTMANOR LNSTERLINGHILLLNMEADOWSPRINGLNCAPERMEADOWDRSTOCKPO R T D R FLINTROCK LN CROSS SHORE DR RIVERLAWN DR Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Communications Tower Zoning Amendment Request 1 CITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail.) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment from Centurion American on Property depicted in Exhibit 1 (“Site Plan”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail and zoned planned development (Ord. No. 931-2021); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances (the “Anna Code”) are hereby amended by amending the zoning of the Property as depicted in the Site Plan on the attached Exhibit 1. 1. Purpose. The purpose of this amendment to the Planned Development (Ord. No. 931-2021) District is to facilitate the development of commercial communications tower with modified development standards. 2 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City’s Zoning Ordinance shall apply. 3. Development Standards. A. The location of the commercial Radio, television, or microwave communications operation (commercial communications tower) shall be in substantial conformance with the Site Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Planned Development (Ord. No. 931-2021) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Commercial Communications Towers: 1. Maximum height: 90 feet including mast and antennas, measured from the ground. 2. Minimum front yard setback: 60 feet 3. Minimum setback from the southern property line: 20 feet 4. Minimum residential adjacency separation: a. Tower: 140 feet b. Accessory equipment: 80 feet 5. Design: The commercial communication towers shall utilize a stealth design and screening elements in substantial conformance with the Site Plan. ii. Landscaping: 1. The existing stand of trees located to the east and south of the proposed commercial communication tower enclosure shall be preserved. 3 2. Landscaping and enclosure screening shall be in substantial conformance as shown on the Site Plan (Exhibit A). Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code (“Chapter 3000”) and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. 4 PASSED by the City Council of the City of Anna, Texas this 25th day of July 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike OVERALL SITE PLANOVERALL SITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'PHASE 3PHASE 1PHASE 2LEGENDSHADYBROOK TRAILSTOCKPORT DR.TRACT 1MM ANNA 325, LLCFN 20190411000386110O.P.R.C.C.T.TRACT 2CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.TRACT 1CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.PHASE 2Z-1CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANPHASE 1VILLAGES OFHURRICANE CREEKNORTH, PHASE 1FN 20231000160O.P.R.C.C.EXHIBIT A1 OF 4 ENLARGED SITE PLANENLARGEDSITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'LEGENDZ-2CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A2 OF 4 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)LEGENDZ-3CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A3 OF 4 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)VERIZON - ANTENNA PLAN @ 85' RAD CENTER101'SCALE: 3/4" = 1'-0" (24x36)(OR) 3/8" = 1'-0" (11x17)1'2'Z-4CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A4 OF 4 CITY OF ANNA PLANNING & ZONING COMMISSION July 6, 2023 Zoning Amendment & Site Plan: Villages of Hurricane Creek Communications Tower Applicant: Centurion American DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a request to amend a planned development (Ord. No. 931-2021) to allow a commercial Radio, television, or microwave communications operation (commercial communications tower) with modified standards on Villages of Hurricane Creek, North, Phase 2, Block K, Lot 7X on 3.0± acres located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail. Applicant: Centurion American. REMARKS: The applicant is proposing to construct a commercial communications tower designed as a 90-foot stealth water tower. The proposed stealth water tower enclosure and associated equipment will be accessed from future Rosemond Parkway and located 60 feet from the right-of-way limits. A site plan (Exhibit A) for the communications tower accompanies this request. Surrounding Land Use and Zoning North On the north side of future Rosamond Parkway, single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) East Single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) South Future common area lot. Zoned Planned Development (Ord. No. 886-2020) West On the west side of N. Shadybrook Trail, future single-family residences, detached. Zoned Planned Development (Ord. No. 931-2021) Proposed Planned Development Stipulations The requested zoning amendment is to allow for a commercial communications tower with modified development standards. There are two primary parts to this request: land use and design standards. Land Use – The applicant is proposing to construct a commercial communications tower on one of the common area lots located within Villages of Hurricane Creek, North, Phase 2. The City of Anna Zoning Ordinance currently prohibits commercial Radio, television, or microwave communications within the residential zoning districts other than within the Agricultural District. Design Standards - The language in the proposed Planned Development (PD) amendment would allow for modified development standards associated with the commercial communications tower. Height and area regulations – Sec. 9.04.033 (Special Uses) of the Zoning Ordinance has a maximum height of 65 feet including mast and antennas, measured from the ground in residential zoning districts. ➢The applicant is proposing a 90-foot stealth commercial communications tower, with the appearance of a water tower and as an entry feature into the community. Setback - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance requires a minimum setback for towers, including mast and antennas, in excess of 30 feet in residential districts of not less than the height of the tower including mast and antennas minus 30 feet from the nearest property line. ➢With a 90-foot tower, the minimum setback from property lines is 60 feet. The regulation does not distinguish setbacks between the tower and the accessory equipment. o The proposed tower meets the 60-foot setback from all property lines. The associated screened, equipment yard is proposed to be 22 feet from the southern property line. o The property to the south is also a common area lot in the future Villages of Hurricane Creek, Phase 3, subdivision which is part of the overall same master planned development. Residential adjacency - Sec. 9.04.033 (Special Uses) of the Zoning Ordinance does not discuss a distance separation from residential properties for a commercial communications tower located within a residential district. Within the specific requirements for towers located in nonresidential districts, it states: The minimum distance to a residential property line (measured from any point on the tower) shall be two times the total height of tower (including any mast or antennas). ➢When overlaying the proposed site plan with the previously approved Revised Preliminary Plat for the Villages of Hurricane Creek and the Final Plats for the Villages of Hurricane Creek, North, the minimum distance for the tower would be more than 140 feet to the nearest residential lot line. The minimum distance of the accessory equipment yard would be 80 feet. ➢As part of the zoning request the developer is proposing a stipulation that will maintain the existing stand of trees in between the tower and future residential lots. RECOMMENDATION: If the Commission votes in favor of the zoning request, below are recommended restrictions to place on the Planned Development zoning: Restrictions: 1. The location of the commercial Radio, television, or microwave communications operation (commercial communications tower) shall be in substantial conformance with the Site Plan (Exhibit A). 2. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Planned Development (Ord. No. 931-2021) zoning district and the Planning and Development Regulations except as otherwise specified herein. a. Commercial Communications Towers: i. Maximum height: 90 feet including mast and antennas, measured from the ground. ii. Minimum front yard setback: 60 feet iii. Minimum setback from the southern property line: 20 feet iv. Minimum residential adjacency separation: 1. Tower: 140 feet 2. Accessory equipment: 80 feet v. Design: The commercial communication towers shall utilize a stealth design and screening elements in substantial conformance with the Site Plan. b. Landscaping: i. The existing stand of trees located to the east and south of the proposed commercial communication tower enclosure shall be preserved. ii.Landscaping and enclosure screening shall be in substantial conformance as shown on the Site Plan (Exhibit A). Item No. 6.e. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the Villages of Hurricane Creek - North, Block K, Lot 7X, Site Plan. (Planning Manager Lauren Mecke) SUMMARY: Commercial communications tower on one lot on 3.0± acres located at the southeast corner of future Rosamond Parkway and N. Shadybrook Trail. Zoned: Planned Development (Ord. No. 932-2021). This site plan is associated with the zoning request to allow for a commercial communications tower and is contingent upon approval of that request. The purpose of the Site Plan is to show the proposed communications tower site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Villages of Hurricane Creek - North, Block K, Lot 7X Locator Map 2. RESOLUTION (SP) Villages of Hurricane Creek North Block K Lt 7X 3. Exhibit A (SP) VHCN, Block K, Lot 7X N S H A D Y B R O O K T R LMISTYBROOKDR WILDERNESS POINTLNB L U E S P RING DR RUNN I N G S P R I N G S D R STARLIGHTDRTIMBERSHADEDRLONEROCKDRLOFTWOOD L N ASHBROOK LN SU M M E R RA I N L N WINDY HILL LN STILL CREEK LNFAIRDALE DRVALLEYPINESDRL A K E VIL L A G E D R BURWICK LN M O R NIN G D E W DR FAWNCREEK DRFORESTMANOR LNSTERLINGHILLLNMEADOWSPRINGLNCAPERMEADOWDRSTOCKPO R T D R FLINTROCK LN CROSS SHORE DR RIVERLAWN DR Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - Villages of Hurricane Creek - North, Block K, Lot 7X CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF VILLAGES OF HURRICANE CREEK - NORTH, BLOCK K, LOT 7X. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Centurion American has submitted an application for the approval of a site plan of Villages of Hurricane Creek - North, Block K, Lot 7X (“Site Plan”) attached hereto as Exhibit A; and WHEREAS, The Site Plan conforms to the city’s Subdivision Regulations and Zoning Ordinance; and WHEREAS, The Site Plan conforms to the previously approved Preliminary Plat and Concept Plan; and 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 subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike OVERALL SITE PLANOVERALL SITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'PHASE 3PHASE 1PHASE 2LEGENDSHADYBROOK TRAILSTOCKPORT DR.TRACT 1MM ANNA 325, LLCFN 20190411000386110O.P.R.C.C.T.TRACT 2CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.TRACT 1CADG HURRICANECREEK, LLCFN 20150529000631020O.P.R.C.C.T.PHASE 2Z-1CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANPHASE 1VILLAGES OFHURRICANE CREEKNORTH, PHASE 1FN 20231000160O.P.R.C.C.EXHIBIT A1 OF 4P&Z COMMISSIONCITY OF ANNA APPROVED JULY 25, 2023CITY COUNCIL CITY OF ANNA APPROVED JULY 6, 2023 ENLARGED SITE PLANENLARGEDSITE PLAN10SCALE: 1" = 50' (24x36)(OR) 1" = 100' (11x17)25'50'50'LEGENDZ-2CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A2 OF 4P&Z COMMISSIONCITY OF ANNA APPROVED JULY 25, 2023CITY COUNCIL CITY OF ANNA APPROVED JULY 6, 2023 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)LEGENDZ-3CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A3 OF 4P&Z COMMISSIONCITY OF ANNA APPROVED JULY 25, 2023CITY COUNCIL CITY OF ANNA APPROVED JULY 6, 2023 VERIZON EQUIPMENT PLANENLARGEDSITE PLAN106"1'1'SCALE: 1" = 1'-0" (24x36)(OR) 1/2" = 1'-0" (11x17)VERIZON - ANTENNA PLAN @ 85' RAD CENTER101'SCALE: 3/4" = 1'-0" (24x36)(OR) 3/8" = 1'-0" (11x17)1'2'Z-4CONSULTING GROUP, INC. L L P R ONEW 90'-0" STEALTHTELECOMMUNICATIONSTRUCTURENOT VALID WITHOUTP.E. STAMP & SIGNATURESIT E NAME:HURRICANE CREEKFOR ZONINGREVIEW ONLYVILLAGES OFHURRICANE CREEK, NORTHBLOCK K, LOT 7X3.05 ACRESANNA, TXCOLLIN COUNTY, TEXASJOSEPH BOYLE SURVEY,ABSTRACT No. 105PROJECT NAME:6/28/2023PLAN T YP E:SITE PLANEXHIBIT A4 OF 4P&Z COMMISSIONCITY OF ANNA APPROVED JULY 25, 2023CITY COUNCIL CITY OF ANNA APPROVED JULY 6, 2023 Item No. 6.f. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Act on Amendments to Article 9.07 Tree Preservation of The City of Anna Code of Ordinances, Text Amendment. (Director of Development Services Ross Altobelli) SUMMARY: In order to remove conflicting language, simplify the development process, and add additional protections to meet the intent and purpose of the article, planning staff is recommending amendments to the Tree Preservation Ordinance. ISSUES: Definition(s) Establish definitions to clearly identify what is a protected quality tree and specimen tree. • Protected quality tree means: (1) A quality tree, which typically has significant positive characteristics worthy of preservation, as listed in this article (see Tree Appendix 1 at the end of this article), with a trunk six inches or greater in caliper at four feet six inches above the ground. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. (2) Trees with a truck eighteen inches or greater in caliper at four feet six inches above the ground located within 10 feet of a property boundary (regardless of species). The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. • Specimen tree means a tree which has been determined by the city to be of high value because of its type, size, or other specific criteria. Generally, specimen trees are trees having twenty-four inches or greater in caliper at four feet six inches above the ground. but other criteria may also be utilized. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. Article reorganization To better align with the zoning ordinance staff is recommending that the article be restructured by rearranging, consolidating, and deleting sections of the ordinance. Tree Protection Requiring a minimum 15% preservation of protected quality trees and/or species trees within developments 25 acres or larger. To maintain existing aesthetic qualities of the city and to ensure trees with historic value are preserved, staff is recommending adding new language protecting any tree, regardless of species, 18” or larger within 10 feet of the property boundaries. These trees will have the same tree replacement and protection requirements of protected quality trees. To incentivize the preservation of trees 18” or larger along property boundaries, tree credits toward mitigation will be earned for their preservation. Submittal and Review process To assist both the user and city staff in understanding requirements of the ordinance staff is recommending edits to the submittal and review procedures that clearly identify types and size of trees meeting preservation requirements and identifying specific content and material required to be on Tree Preservation Plans. Mitigation fee Establish tree replacement costs for protected quality trees and/or specimen trees that are not exempt from the tree removal permit application requirements and in which tree replacement requirements are not being met. Replacement Cost Tree Type/Size Floodplain Tree Protected Quality Trees & Specimen Trees Protected Quality Trees (Floodplain only): 6” – 10” (DBH) $3,000 $900 Protected Quality Trees (Floodplain only): 11” – 17” (DBH) $6,000 $1,800 Protected Quality Trees: 18” – 30” (DBH) $15,000 $4,500 Specimen Tree: 24” – 30” (DBH) $15,000 $4,500 All trees: 30”+ (DBH) $20,000 $6,000 Illegal Tree Removal • $1,000 plus replacement cost • $1,000 per tree if not in the floodplain nor a protected quality or specimen tree FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The requested amendments to the Tree Preservation Ordinance will improve preservation, staff efficiency, and clarify the City’s development regulations and standards. At the July 6, 2023 Planning & Zoning Commission meeting, the Commission recommended City Council approve the proposed amendments to Article 9.07 Tree Preservation of the City of Anna Code of Ordinances and associated Tree Appendices and Fee Schedule regulations as drafted by staff. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. PZ - STAFF REPORT - Ordinance Amendment (Article 9.07 Tree Preservation) 2. Ordinance (Tree Preservation) with Exhibits 3. Article 9.07 Tree Preservation - EXISTING REGULATIONS CITY OF ANNA PLANNING & ZONING COMMISSION July 6, 2023 Agenda Item: Text Amendment: Article 9.07 Tree Preservation Plan DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding an amendment to Article 9.07 Tree Preservation of the City of Anna Code of Ordinances and associated Tree Appendices and Fee Schedule regulations. REMARKS: On June 5, 2023, Planning staff presented a Discussion & Direction item to the Planning & Zoning Commission requesting that a public hearing be called to amend Article 9.07 Tree Preservation in order to remove conflicting language and simplify the development process while still meeting the purpose of the article. At this meeting the Commission expressed support and called the public hearing. ISSUES: Definition(s) Establish definitions to clearly identify what is a protected quality tree and specimen tree. •Protected quality tree means: (1) A quality tree, which typically has significant positive characteristics worthy of preservation, as listed in this article (see Tree Appendix 1 at the end of this article), with a trunk six inches or greater in caliper at four feet six inches above the ground. The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. (2) Trees with a truck eighteen inches or greater in caliper at four feet six inches above the ground located within 10 feet of a property boundary (regardless of species). The caliper of a multi-trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. •Specimen tree means a tree which has been determined by the city to be of high value because of its type, size, or other specific criteria. Generally, specimen trees are trees having twenty-four inches or greater in caliper at four feet six inches above the ground. but other criteria may also be utilized. The caliper of a multi- trunk tree shall be determined by adding the total caliper of the largest trunk to one-half the caliper of each additional trunk. Article reorganization To better align with the zoning ordinance staff is recommending that the article be restructured by rearranging, consolidating, and deleting sections of the ordinance. Tree Protection Requiring a minimum 15% preservation of protected quality trees and/or species trees within developments 25 acres or larger. To maintain existing aesthetic qualities of the city and to ensure trees with historic value are preserved, staff is recommending adding new language protecting any tree, regardless of species, 18” or larger within 10 feet of the property boundaries. These trees will have the same tree replacement and protection requirements of protected quality trees. To incentivize the preservation of trees 18” or larger along property boundaries, tree credits toward mitigation will be earned for their preservation. Submittal and Review process To assist both the user and city staff in understanding requirements of the ordinance staff is recommending edits to the submittal and review procedures that clearly identify types and size of trees meeting preservation requirements and identifying specific content and material required to be on Tree Preservation Plans. Mitigation fee Establish tree replacement costs for protected quality trees and/or specimen trees that are not exempt from the tree removal permit application requirements and in which tree replacement requirements are not being met. Replacement Cost Tree Type/Size Floodplain Tree Protected Quality Trees & Specimen Trees Protected Quality Trees (Floodplain only): 6” – 10” (DBH)$3,000 $900 Protected Quality Trees (Floodplain only): 11” – 17” (DBH)$6,000 $1,800 Protected Quality Trees: 18” – 30” (DBH)$15,000 $4,500 Specimen Tree: 24” – 30” (DBH)$15,000 $4,500 All trees: 30”+ (DBH)$20,000 $6,000 Illegal Tree Removal •$1,000 plus replacement cost •$1,000 per tree if not in the floodplain nor a protected quality or specimen tree SUMMARY: The requested amendments to the Tree Preservation Ordinance will improve preservation, staff efficiency, and clarify the City’s development regulations. RECOMMENDATION: Recommended the Planning and Zoning Commission recommend City Council approval of the proposed amendments to Article 9.07 Tree Preservation of the City of Anna Code of Ordinances and associated Tree Appendices and Fee Schedule regulations as drafted by staff. ______________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. ______ Page 1 of 2 CITY OF ANNA, TEXAS ORDINANCE NO ________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS REPEALING ARTICLE 9.07 (TREE PRESERVATION) OF CHAPTER 9 (PLANNING AND DEVELOPMENT REGULATIONS) OF THE ANNA CITY CODE OF ORDINANCES AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 9.07 (TREE PRESERVATION) OF CHAPTER 9 (PLANNING AND DEVELOPMENT REGULATIONS) OF SAID CODE; AMENDING CERTAIN APPENDICES TO SAID ARTICLE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE IN ACCORDANCE WITH SAID CODE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF WHEREAS, to clarify certain aspects of the City’s tree preservation regulations and to better align with other provisions of the Anna City Code of Ordinances (the “Anna Code”), to restructure and renumber said regulations, and to better protect the public health, safety and welfare, the City Council of the City of Anna, Texas finds that the City of Anna’s existing tree preservation regulations should be partially repealed and replaced and amended as set forth in this ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Partially Repealing Article 9.07 (Tree Preservation) of Chapter 9 (Planning and Development Regulations) of the Anna Code Article 9.07 (Tree Preservation) of Chapter 9 (Planning and Development Regulations) of the Anna Code is hereby repealed in its entirety save and except Appendix 1 and Appendix 2, which are being amended under Section 4 of this ordinance. Section 3. Adding a New Article 9.07 (Tree Preservation) to Chapter 9 (Planning and Development Regulations) of the Anna Code This section amends Chapter 9 (Planning and Development Regulations) of the Anna Code, by adding a new Article 9.07 (Tree Preservation), as set forth in the attached Exhibit A. ______________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. ______ Page 2 of 2 Section 4. Amending Appendix 1 and Appendix 2 of Article 9.07 of the Anna Code This section amends Appendix 1 of Article 9.07 (Tree Preservation) of the Anna Code as set forth in the attached Exhibit B. This section further amends Appendix 2 of Article 9.07 (Tree Preservation) of the Anna Code as set forth in the attached Exhibit C. Section 5. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Cross-references in other parts, articles or sections of the Anna Code which make reference to previous enactments carrying the same designation as any section amended by this ordinance shall be construed as referencing whichever currently effective provision best preserves the original intent and effect of the cross-reference. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 6. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication of its caption as may be required by law, and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this ___ day of _____________, 2023. ATTESTED: APPROVED: ________________________________ _________________________ City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT B TREE APPENDIX 1. LIST OF QUALITY TREES “*” indicates Texas native plants; information on “*” trees may be found at: http://aggie-horticulture.tamu.edu/ornamentals/natives/indexcommon.htm The list below is inclusive of all improved varieties of the listed trees. In addition, trees not listed may be approved as quality trees at the discretion of the landscape administrator or designee. Austrian Pine Pinus nigra (up to 40 ft.) Afghan (Eldarica) Pine Pinus eldarica (up to 40 ft.) American Elm Ulmus americana *Bitternut Hickory Carya cordiformis (over 40 ft.) *Black Hickory Carya buehl (over 40 ft.) *Bald Cypress Taxodium distichum (over 40 ft.) *Bur Oak Quercus macrocarpa (over 40 ft.) *Blackjack Oak Quercus marilandica (over 40 ft.) *Bigelow Oak Quercus durandii var breviloba (up to 40 ft.) *Common Persimmon Diospyros virginiana (30-40 ft.) *Chinquapin Oak Quercus muhlenbergii (50-90 ft.) *Chittamwood Sideroxylon lanuginose (to 25 ft.) *Cedar Elm Ulmus crassifolia (up to 90 ft.) Chinese Pistachio Pistacia chinensis (30-40 ft.) Chaste Tree Vitex agnus-castus (15 ft.) Crepe Myrtle Multiple varieties (various heights) *Desert Willow Chilopsis linearis (20 ft.) *Dolan Falls White Oak Quercus polymorpha *Eve’s Necklace Sophora affinis (15-35 ft.) Green Ash Fraxinus pennsylvanica *Gregg’s Ash Fraxinus greggii (20 ft.) Goldenrain Tree Koelreuteria paniculata (30-40 ft.) Japanese Maple Acer palmatum (6-25 ft.) Lacebark (Drake) Elm Ulmus parvifolia ‘Drake’ *Little Gem Magnolia Magnolia grandiflora (15-30 ft.) *Leland Cypress Cupressocyparis leylandii (30-40 ft.) *Lacey Oak Quercus glaucoides (35 ft.) *Live Oak Quercus virginiana (20-50 ft.) Mary Nell Holly Ilex x ‘Mary Nell’ (10-15 ft.) *Mexican Redbud Cercis canadensis var. mexicana (10-15 ft.) Mexican Plum Prunus mexicana (up to 25 ft.) *Mohr Oak Quercus mohriana (20 ft.) *Nogalito Juglans microcarpa (20-30 ft.) Nellie R. Stevens Holly Ilex x ‘Nellie R. Stevens’ (20-30 ft.) *Post Oak Quercus stellata (to 80 ft.) *Possum Haw Holly Ilex decidua (8-12 ft.) *Pecan Carya illinoinensis (to 90 ft.) *Redbud Cercis canadensis (15-20 ft.) *Shumard Red Oak Quercus shumardii (to 120 ft.) *Sawtooth Oak Quercus acutissima (50-60 ft.) Shangtung Maple Acer truncatum (25-30 ft.) *Southern Magnolia Magnolia grandiflora (to 40 ft.) Sweet Gum Liquidambar styraciflua (30-40 ft.) *Texas Madrone Arbutus xalapensis (to 40 ft.) *Texas Redbud Cercis canadensis var. texensis (to 20 ft.) *Texas Persimmon Diospyros texana (to 20 ft.) *Texas Ash Fraxinus texensis (to 50 ft.) *Texas Red Oak Quercus texana (to 75 ft.) *Western Soapberry Sapindus drummondii (to 30 ft.) *Yaupon Holly Ilex vomitoria (not dwarf form) (8-12 ft.) (Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, app. A; Ordinance 796-2018, app. A, adopted 12/11/18) 9 Attachment 5:1 Publication, July 2023 Exhibit C TREE APPENDIX 2. APPROVED PLANT LIST RECOMMENDED SPECIES FOR NEW PLANTINGS The following is a list of recommended high quality, long-living trees and shrubs which are considered suitable for local soil conditions and climate. Other species may be acceptable with approval from the city manager or his designee. OVERSTORY (SHADE) TREES: HEIGHT RANGE - 30' - 60' Bald Cypress Taxodium distichum Cedar Elm Ulmus crassifolia Lacebark (Drake) Elm Ulmus parvifolia ‘Drake’ Pecan Carya illinoinensis Chinese Pistache Pistacia chinensis Bur Oak Quercus macrocarpa Shumard or Texas Red Oak Quercus shumardii or texana Sweet Gum Liquidambar styraciflua Green Ash Fraxinus pennsylvanica Live Oak Quercus virginiana Western Soapberry Sapindus drummondii Chinquapin Oak Quercus muhlenbergii American Elm Ulmus americana The listed overstory trees are acceptable replacement trees. ACCENT (ORNAMENTAL) TREES: HEIGHT RANGE - 10' - 20' The following ornamental trees, with staff approval, may be substituted for the required shade trees. These ornamental trees shall have a minimum caliper of three inches. Japanese Black Pine Pinus thunbergi Afghan (Eldarica) Pine Pinus eldarica Redbud Cercis canadensis Crape Myrtle Lagerstroemia indica Yaupon Holly Ilex vomitoria Bradford Pear Pyrus calleryana Eve’s Necklace Sophora affinis Texas Sophora Sophora segundiflora Mexican Plum Prunus mexicana Purple-leaf Plum Prunus cerasifera Crabapple Malus angustifolia 9 Attachment 5:2 Publication, July 2023 ANNA CODE Deciduous Holly Ilex decidua Chaste Tree Vitex agnus-castus Mexican Buckeye Ungnadia speciosa Desert Willow Chilopsis linearis EVERGREEN SHRUBS Drought and freeze-resistant shrubs include, but are not limited to: Red Tip Photinia Burford Holly Chinese Holly Yaupon Holly Juniper (several varieties) Wax Myrtles Eleagnus Other plants may be used with approval of the city manager or his designee. GROUND COVER Asian Jasmine Liriope English Ivy Virginia Creeper Boston Ivy Vinca Honeysuckle Monkey Grass Purple Wintercreeper UNPROTECTED TREES Arizona Ash Fraxinus velutina Bois D’Arc (native) Maclura pomifera Chinese Tallow Sapium sebiferum Cottonwood (native) Populus deltoides Hackberry Celtis occidentalis Honey Locust (native) Gleditsia triacanthos Lombardy Poplar Populus nigra italica Mesquite Prosopis spp Mulberry Morus alba Siberian Elm Ulmus pumila Silver Maple Acer saccharinum Weeping Willow Salix babylonica (Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, app. B; Ordinance 796-2018, app. B, adopted 12/11/18) Item No. 6.g. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend zoning on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway to allow for a proposed library and existing civic center uses with modified development standards. (Director of Development Services Ross Altobelli) SUMMARY: The property’s current zoning, established in 2019 (Ord. No. 831-2019), is a Planned Development with the base zoning of CBRD Central Business Redevelopment District (CBRD). The request is to amend standards established as part of the 2019 zoning and current CBRD development standards to accommodate the construction of the new community library and existing municipal complex site improvements. A Planned Development (PD) district is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. A concept plan (Exhibit A), Anna Municipal Complex Addition, Block A, Lot 1 accompanies this request. Proposed Planned Development Stipulations The language in the proposed PD district will modify existing PD standards and current development standards by: • Removing an existing PD stipulation requiring 25-foot landscape areas at intersection corners of two public streets. • Modify the CBRD height and front yard setback requirements. • Exempt the property from the 20-foot landscape setback requirement and 600 square foot landscape area requirement at the intersection of two dedicated streets. • Exempt the property from the signage regulations. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The land use is not proposing to change on the property. The zoning amendment request modifies the existing zoning to accommodate the proposed library and existing municipal complex site improvements. At the Thursday, July 6, 2023 Planning & Zoning Commission meeting, the Commission voted unanimously to recommend approval of the zoning amendment with the following restrictions. Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the CBRD Central Business Redevelopment District (CBRD) zoning district and the Planning and Development Regulations except as modified per Ord. No. 831-2019 and as otherwise specified herein. (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) i. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. ii. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. iii. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. iv. For all nonresidential parcels located at the intersection of two dedicated public streets (rights-of-way), 25-foot landscape areas shall be provided at the intersection corners within 3 years of a third building being constructed on the site. iv. Zoning District Area Regulations: 1. Maximum height (feet): 50 2. Front yard (feet): a. 5th Street and Riggins Street: 0 b. S. Powell Parkway: 40 c. 7th Street: 45 v. Landscaping shall conform to City ordinances with the following exceptions: 1. Exempt from the 20-foot landscape setback requirement along major thoroughfares. 2. Exempt from the 600 square foot landscape area at the intersection of two dedicated public streets. vi. Signage: The property shall be exempt from the signage regulations. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non- substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Revised Site Plan will expire after two (2) years of approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly, Unique, Vibrant, and Active. ATTACHMENTS: 1. Anna Municipal Complex Addition, Block A, Lot 1 Zoning Locator Map 2. Ordinance - Anna Municipal Complex (Library) 3. EXHIBIT 1 - Ord. RSP (Anna Municipal Complex, Bl A, Lt 1) 4. PZ - STAFF REPORT (Zoning) - Anna Municipal Complex Addition, Block A, Lot 1 5. EXHIBIT A - RSP (Anna Municipal Complex, Bl A, Lt 1) 6. Ord. No. 831-2019 (existing PD zoning) E WHITE ST E SEVENTH STSRIGGINSST SINTERURBANSTE THIRD STN JAMES STN POWELLPKWYN INTERURBAN STNSHERLEYAVEN RIGGINS STW FIFTH ST ESECONDSTS JAMES STW FOURTH ST N EASTON DRSPOWELLPKWYHARPERSTW THIRD ST E FIFTH ST E FOURTH ST W SEVENTH ST W EIGHTH ST SSHERLEYAVEE EIGHTH STSEASTONDR WORTHAM STW WHITE ST E SIXTH ST Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Zoning - Anna Municipal Complex Addition, Block A, Lot 1 1 CITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located at the northeast corner of W. 7th Street and S. Powell Parkway) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment on Property depicted in Exhibit 1 (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located at the northeast corner of W. 7th Street and S. Powell Parkway; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances (the “Anna Code”) and all applicable zoning maps and plans are hereby amended by repealing the current zoning (Ord. No. 831-2019) and replacing the zoning of the Property depicted in the Revised Site Plan on the attached Exhibit 1. 1. Purpose. 2 The purpose of this Planned Development District is to facilitate the development of a library and existing municipal complex and fire station buildings on the Anna Municipal Complex parcel. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City’s Zoning Ordinance shall apply. 3. Development Standards. Development of the Property shall comply with the City of Anna Zoning Ordinance utilizing “CBRD” Central Business Redevelopment District base zoning with the revised site plan and variances listed below. A. The location of the planned development zoning district shall be in substantial conformance with the Revised Site Plan (Exhibit 1). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the CBRD Central Business Redevelopment District (CBRD) zoning district and the Planning and Development Regulations except as otherwise specified herein. i.Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. ii. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. iii. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. iv. Zoning District Area Regulations: 1. Maximum height (feet): 50 2. Front yard (feet): a. 5th Street and Riggins Street: 0 b. S. Powell Parkway: 40 c. 7th Street: 45 3 v. Landscaping shall conform to City ordinances with the following exceptions: 1. Exempt from the 20-foot landscape setback requirement along major thoroughfares. 2. Exempt from the 600 square foot landscape area at the intersection of two dedicated public streets. vi. Signage: The property shall be exempt from the signage regulations. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Revised Site plan. Non-substantial changes of detail on the final development plan(s) that differ from the Revised Site plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Revised Site Plan will expire after two (2) years of approval. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code (“Chapter 3000”) and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that 4 does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 25th day of July 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor wwFDCPIVLPLPLPLPLPLPLPLPPROPOSED PUBLIC LIBRARY19,609 SQ.FT.FFE = 708.35'10" SA86237717171614141211998111239986LPLPLPLPLPLPLPLPLPLPLPLPPPOEOESASASA4SA4" SA12ST6STGGGGGGEFHGVLPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPOEOEOEOE OE OE OE OE PPOEOEOEOEOEOEOE OE OEOEOEOEOEOE OEOEOEOEOELPOEOEOEOEOEOEOEOEOEOEOEOEOELPOEOEOEOEOEOEOELPLPLPLPSASASALPSASASTSASASA6SA6SA6SA10SA 10SA 10SA 10SA10SA10SA10SA10SA10SA10SA10SA10SA10SAW. 7TH ST.(80' R.O.W.)WEST 5TH ST.(60' R.O.W.)S. INTERURBAN ST.(80' R.O.W.)ANNA CITY HALLFFE = 710.00'SOUTH RIGGINSST.(VARIABLE WIDTH R.O.W.)RAILROADRESERVATIONANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ABOOK 2022, PAGE 47135,8799.84 SQ.FT., 8.23 ACZONEING: PD - CLPLPLPLPcocococo18ST24ST24ST24ST24ST24ST24ST24ST24ST 24ST24ST24ST2 4 S T 2 4 S T ANNA FIRE DEPARTMENTFFE = 706.00'S. POWELL PKWY. (HWY 5)(80' R.O.W.)INDEPENDENT BANK ADDITIONVOLUME P, PG. 209P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 15 & 16, B4OLD ANNA DONATION PLAT20171102001465190O.P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 1, 2, 3, 4, & 5A, B4OLD ANNA DONATION PLAT20180806000981570O.P.R.C.C.T.VICKY L. RUTELEDGE ANDHUSBAND, MIKE L. RUTELEDGECALLED 0.48 ACRESVOL. 5346, PG. 5671O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.333 ACRESDOC. NO. 20210518001000670O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.36 ACRESDOC. NO. 20171020001402590O.P.R.C.C.T.ERIC SANTIBENEZ AND WIFE,LAURA HERNANDEZCALLED 0.131 ACRESDOC. NO. 20130611000801170O.P.R.C.C.T.JAMES D. HENDRICKSCALLED LOTS 6&7, B1 (PLAT 21-368)DOC. NO. 20151123001466040O.P.R.C.C.T.SCOTT AND ASHLEY ANDERSONAS COMMUNITY PROPERTYCALLED LOTS 4&5, B1 (PLAT 21-368)O.P.R.C.C.T.6SA6SA6SA6SA6SA6SA6SA6SA1 8 S T 1 8 S T 18ST 18ST 24ST24ST24ST24ST24ST18ST6W6WUEUEUEUEGGGGGGGGGGGGGG8W8W8W8W8W8W8W8W8W8W8W6WSTSTST STSTSTSTSTSTSTSTSTSTSTSTST FOFOFOFOFOFOFOFOFOFOFOFOFO6W6WFHFHFO FO FO FO FO FO FO FOFO2G2G2G2G2G2G2G2G2G2G2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G 3G 3G 3G 3G 2G2G2G 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8W12W12W12W12W8W8W8W8W8W8W8W8W8WFO FO FOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFO8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W FHFHBM 1FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOFOUEUEUEUEUEUEUE UEUEUE 18ST10SA10SA10SADATA6" ST6" ST2" WA6" WA6ST6ST6ST2" GAS10SA10SA10SA10SA6STFOFOUEUEUEUEUEUEUEUE700700700 700705705705 705705705710710698698699699699699701701 701701702702702702703703 704704 704704706 706706706706706707 707707707 707708708708708708 709709709709709711711700700700705705698699699699701701701702703703703704704704704700705705705705705705698699701702702702 703703 703703703704704 704704 7067067067067067 0 6 707707707707708708703703704704710709698698699699 57.0'30.0'50.0'24.0'10" SA12" ST701702704704705 706708 708709701699 ANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK A358,498.8 SQ.FT., 8.23 AC20.0'9.0'191815108131091315CAUTION! EX. 2" GAS LINECAUTION! EX. 3" GAS LINECAUTION! EX. 3" GAS LINEEX. DUMPSTER PADEX. 6'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. 24" STORMSEWER LINEEX. 8" WATER LINEEX. 6" WATER LINEEX. 18" STORMSEWER LINEEX. 18' STORM SEWER LINEEX. 6" WATER LINECAUTION! EX. 2" GAS LINEEX. 6" SANITARYSEWER LINEEX. 8' WATER LINEEX. 8" WATER LINEEX. 12" WATER LINEPROP. 6' WIDE SIDEWALKEX. 6' WIDECROSSWALKEX. 10' WIDE HIKEAND BIKE TRAILEX. 12' WIDECROSSWALKEX. 12' WIDECROSSWALKEX. RAISED CROSSWALKSPEED RAMP TYP.EX. DATA LINEEX. 8" WATER LINEEX. 8" WATER LINEEX. FIBER OPTIC LINEEX. TREE TYP.EX. 18" STORM SEWER LINEPROP. RAMP, TYP.EX. ADA PARKING TYP.EX. 24" STORM SEWER LINEEX. SANITARYSEWER MANHOLEPROP. SANITARYSEWER MANHOLEPROP. JUNCTIONBOX & GRATE INLETPROP. 12'WIDE SIDEWALKEX. RAMPEX. FIRE HYDRANT TYP.EX. PARKING, TYP.EX. 24" STORMSEWER LINECAUTION! EX. OVERHEAD ELECTRIC LINECAUTION! EX. 2" GAS LINECAUTION! EX. OVERHEAD ELECTRICALEX. POWER POLE, TYPCAUTION! EX. OVERHEAD ELECTRICALCAUTION! EX. OVERHEAD ELECTRICALEX. CROSSWALKEX. 10'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. ADA PARKING, TYP.EX. CONCRETE PAVEMENTCAUTION! EX. OVERHEAD ELECTRICALPROP. BOOK DROPLOCATIONEX. ADARAMPEX. REMOVABLEBOLLARDSEXISTING 10' TELECOM EASEMENTPROP. 5X15'WIDE PLANTERS (TYP.)PROP. 18'WIDE SIDEWALKPROP. 8' WIDESIDEWALKEX. FIRE HYDRANTEX. PARKING, TYPEX. SANITARY MANHOLEEX. CONCRETE PAVEMENTEX. POWER POLE, TYPPROP. ROOF DRAINCONNECTION, TYP.PROP. GRATE INLETPROP. FDCCONNECTIONAREA DRAINAREA DRAINEX. FENCEEX. GENERATOR DOCKING STATIONEX. TRANSFORMEREX. SWITCHGEAREX. SANITARY MANHOLEEX. STORM SEWER GRATE INLETEX. DATAEX. STORM SEWER GRATE INLETEX. ADARAMPEX. FIRE HYDRANTEX. FIRE HYDRANTBUILDINGSETBACKEX. ADA PARKING, TYP.S 89°13'03" E - 562.74'S 44°28'08" E - 14.11'S 0°44'08" W - 589.35'N 89°14'59" W - 596.47'N 47°16'56" E - 13.83'174.3'162.4'PROPOSED PUBLIC LIBRARY19,609 SQ.FT.2-STORY (39')FFE = 708.35'86. 7 '41.5'EX. CENTERLINEEX. CENTERLINE80.0' 60.0'WEST 5TH ST.(60' R.O.W.)(26' WIDE CONCRETE PAVEMENT)W. 7TH ST.(80' R.O.W.)(26' WIDE CONCRETE PAVEMENT)26.0'EX. PARKING, TYP.20.0'9.0'1111116612BUILDINGSETBACKS 33°18'43" E - 32.40'S 1°26'26" E - 20.68'S 4°24'46" W - 66.73'S 4°39'49" W - 216.16'S 3°42'31" W - 173.73'S 3°42'16" W - 86.95'40.0'20.0'EX. LANDSCAPEBUFFER110.3'61.1'15'UTILITY EASMENTVOL. P, PG. 278P.R.C.C.T37.2'154.1'199.7'13177.3'226.2'73.0'26.0'45.0'CAUTION! EX. GAS LINEEX. 8" WATER LINEEX. LANDSCAPEBUFFERANNA FIRE DEPARTMENTFFE = 706.00'15,500 SQ.FT.ANNA CITY HALLFFE = 710.00'24,600 SQ.FT.SASA SA24ST8W 191815 1081310 91315111111661213BMPROJECT BENCHMARK:1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDSOUTHEAST OF THE INTERSECTIONOF W. 5TH ST. & S. RIGGINS ST.ELEVATION = 709.27'1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDNORTHWEST OF THEINTERSECTION OF S. RIGGINS ST. &W. 7TH ST. APPROXIMATELY 66FEET NORTH OF METER VAULTELEVATION = 704.61'NCAUTION: CONTACT TEXAS 811 AND LOCAL UTILITYPROVIDERS TO LOCATE EXISTING UTILITIES PRIOR TOCONSTRUCTION.CONTACT GESSNER ENGINEERINGIF CONFLICTS OCCUR.0SCALE: 1"= 20'204060PROJECTLOCATIONWEST 5TH ST.WEST 7TH ST.SOUTH POWELL PKWY. SOUTH RIGGENS ST.VICINITY MAP SCALE: 1" = 400'N0SCALE: 1"= 40'4080120LEGENDFHSTLPOE340340WSAPAEPUEBRICK PAVERSLIMITS OF CONSTRUCTIONPROPERTY LINEEASEMENTEXISTING CONTOURSPROPOSED CONTOURSSTORM LINEWATER LINESANITARY SEWER LINEGAS LINEDATA/TELECOMUNDERGROUND ELECTRICFIBER OPTICOVERHEAD ELECTRICFIRE HYDRANTWATER METERGATE VALVEFIRE DEPARTMENT CONNECTIONPOST INDICATOR VALVESANITARY SEWER MANHOLESANITARY SEWER CLEANOUTSTORM SEWER CURB INLETLIGHT POLEPROPOSED PUBLIC ACCESS EASEMENTPROPOSED UTILITY EASEMENTGTUEFOFDCPIVwwSASTLOCISSUE DATE:PROJECT #:DRAWN BY:CHECKED BY:CORPORATE OFFICE401 W 26TH STBRYAN, TEXAS 77803www.gessnerengineering.comBRENHAM979.836.6855BRYAN979.680.8840FORT WORTH817.405.0774GEORGETOWN512.930.5832SAN ANTONIO210.305.4792TBPELS FIRM REGISTRATION NUMBERS:F-7451 & F-101914599CIVIL | CMT | GEOTECHNICALSTRUCTURAL | SURVEYPJJP06-07-202322-0490TOPOGRAPHICSURVEY EXHIBITREVISED SITE PLANANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ACITY OF ANNA, TEXASBEING 8.234 ACRESOUT OFHENRY BRANTLEY SURVEY, ABSTRACT NO.71REVISED: 9-26-224'' CONCRETE BIKE PATH4" CONCRETE SIDEWALKFIRE LANENOTES:THE PURPOSE OF THE REVISED SITE PLAN IS FOR THE ADDITIONOF THE PUBLIC LIBRARY AND ASSOCIATED SITE IMPROVEMENTS ZONING – ANNA MUNICIPAL COMPLEX PAGE 1 OF 3 CITY OF ANNA PLANNING & ZONING COMMISSION January 3, 2023 Public Hearing: Zoning Amendment – Anna Municipal Complex Applicant: City of Anna DESCRIPTION: Request to amend zoning on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway to allow for a proposed library and existing civic center uses with modified development standards. REMARKS: The property’s current zoning, established in 2019 (Ord. No. 831-2019), is a Planned Development with the base zoning of CBRD Central Business Redevelopment District (CBRD). The request is to amend standards established as part of the 2019 zoning and current CBRD development standards to accommodate the construction of the new library and existing municipal complex site improvements. A Planned Development (PD) district is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. A concept plan (Exhibit A), Anna Municipal Complex Addition, Block A, Lot 1 accompanies this request. Proposed Planned Development Stipulations The language in the proposed PD district will modify existing PD standards and current development standards by: •Removing an existing PD stipulation requiring 25-foot landscape areas at intersection corners of two public streets. •Modify the CBRD height and front yard setback requirements. ZONING – ANNA MUNICIPAL COMPLEX PAGE 2 OF 3 •Exempt the property from the 20-foot landscape setback requirement and 600 square foot landscape area requirement at the intersection of two dedicated streets. •Exempt the property from the signage regulations. CONCLUSION: The land use is not proposing to change on the property. The zoning amendment request modifies the existing zoning to accommodate the proposed library and existing municipal complex site improvements. RECOMMENDATION: If the Commission votes in favor of the zoning amendment request, below are recommended restrictions: Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan (Exhibit A). B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the CBRD Central Business Redevelopment District (CBRD) zoning district and the Planning and Development Regulations except as modified per Ord. No. 831-2019 and as otherwise specified herein. (Additions are indicated in underlined text; deletions are indicated in strikethrough text.) i. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. ii. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. iii. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. ZONING – ANNA MUNICIPAL COMPLEX PAGE 3 OF 3 iv. For all nonresidential parcels located at the intersection of two dedicated public streets (rights-of-way), 25-foot landscape areas shall be provided at the intersection corners within 3 years of a third building being constructed on the site. iv. Zoning District Area Regulations: 1. Maximum height (feet): 50 2. Front yard (feet): a. 5th Street and Riggins Street: 0 b. S. Powell Parkway: 40 c. 7th Street: 45 v. Landscaping shall conform to City ordinances with the following exceptions: 1. Exempt from the 20-foot landscape setback requirement along major thoroughfares. 2. Exempt from the 600 square foot landscape area at the intersection of two dedicated public streets. vi. Signage: The property shall be exempt from the signage regulations. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non-substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. D. The Revised Site Plan will expire after two (2) years of approval. wwFDCPIVLPLPLPLPLPLPLPLPPROPOSED PUBLIC LIBRARY19,609 SQ.FT.FFE = 708.35'10" SA86237717171614141211998111239986LPLPLPLPLPLPLPLPLPLPLPLPPPOEOESASASA4SA4" SA12ST6STGGGGGGEFHGVLPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPOEOEOEOE OE OE OE OE PPOEOEOEOEOEOEOE OE OEOEOEOEOEOE OEOEOEOEOELPOEOEOEOEOEOEOEOEOEOEOEOEOELPOEOEOEOEOEOEOELPLPLPLPSASASALPSASASTSASASA6SA6SA6SA10SA 10SA 10SA 10SA10SA10SA10SA10SA10SA10SA10SA10SA10SAW. 7TH ST.(80' R.O.W.)WEST 5TH ST.(60' R.O.W.)S. INTERURBAN ST.(80' R.O.W.)ANNA CITY HALLFFE = 710.00'SOUTH RIGGINSST.(VARIABLE WIDTH R.O.W.)RAILROADRESERVATIONANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ABOOK 2022, PAGE 47135,8799.84 SQ.FT., 8.23 ACZONEING: PD - CLPLPLPLPcocococo18ST24ST24ST24ST24ST24ST24ST24ST24ST 24ST24ST24ST2 4 S T 2 4 S T ANNA FIRE DEPARTMENTFFE = 706.00'S. POWELL PKWY. (HWY 5)(80' R.O.W.)INDEPENDENT BANK ADDITIONVOLUME P, PG. 209P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 15 & 16, B4OLD ANNA DONATION PLAT20171102001465190O.P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 1, 2, 3, 4, & 5A, B4OLD ANNA DONATION PLAT20180806000981570O.P.R.C.C.T.VICKY L. RUTELEDGE ANDHUSBAND, MIKE L. RUTELEDGECALLED 0.48 ACRESVOL. 5346, PG. 5671O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.333 ACRESDOC. NO. 20210518001000670O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.36 ACRESDOC. NO. 20171020001402590O.P.R.C.C.T.ERIC SANTIBENEZ AND WIFE,LAURA HERNANDEZCALLED 0.131 ACRESDOC. NO. 20130611000801170O.P.R.C.C.T.JAMES D. HENDRICKSCALLED LOTS 6&7, B1 (PLAT 21-368)DOC. NO. 20151123001466040O.P.R.C.C.T.SCOTT AND ASHLEY ANDERSONAS COMMUNITY PROPERTYCALLED LOTS 4&5, B1 (PLAT 21-368)O.P.R.C.C.T.6SA6SA6SA6SA6SA6SA6SA6SA1 8 S T 1 8 S T 18ST 18ST 24ST24ST24ST24ST24ST18ST6W6WUEUEUEUEGGGGGGGGGGGGGG8W8W8W8W8W8W8W8W8W8W8W6WSTSTST STSTSTSTSTSTSTSTSTSTSTSTST FOFOFOFOFOFOFOFOFOFOFOFOFO6W6WFHFHFO FO FO FO FO FO FO FOFO2G2G2G2G2G2G2G2G2G2G2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G 3G 3G 3G 3G 2G2G2G 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8W12W12W12W12W8W8W8W8W8W8W8W8W8WFO FO FOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFO8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W FHFHBM 1FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOFOUEUEUEUEUEUEUE UEUEUE 18ST10SA10SA10SADATA6" ST6" ST2" WA6" WA6ST6ST6ST2" GAS10SA10SA10SA10SA6STFOFOUEUEUEUEUEUEUEUE700700700 700705705705 705705705710710698698699699699699701701 701701702702702702703703 704704 704704706 706706706706706707 707707707 707708708708708708 709709709709709711711700700700705705698699699699701701701702703703703704704704704700705705705705705705698699701702702702 703703 703703703704704 704704 7067067067067067 0 6 707707707707708708703703704704710709698698699699 57.0'30.0'50.0'24.0'10" SA12" ST701702704704705 706708 708709701699 ANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK A358,498.8 SQ.FT., 8.23 AC20.0'9.0'191815108131091315CAUTION! EX. 2" GAS LINECAUTION! EX. 3" GAS LINECAUTION! EX. 3" GAS LINEEX. DUMPSTER PADEX. 6'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. 24" STORMSEWER LINEEX. 8" WATER LINEEX. 6" WATER LINEEX. 18" STORMSEWER LINEEX. 18' STORM SEWER LINEEX. 6" WATER LINECAUTION! EX. 2" GAS LINEEX. 6" SANITARYSEWER LINEEX. 8' WATER LINEEX. 8" WATER LINEEX. 12" WATER LINEPROP. 6' WIDE SIDEWALKEX. 6' WIDECROSSWALKEX. 10' WIDE HIKEAND BIKE TRAILEX. 12' WIDECROSSWALKEX. 12' WIDECROSSWALKEX. RAISED CROSSWALKSPEED RAMP TYP.EX. DATA LINEEX. 8" WATER LINEEX. 8" WATER LINEEX. FIBER OPTIC LINEEX. TREE TYP.EX. 18" STORM SEWER LINEPROP. RAMP, TYP.EX. ADA PARKING TYP.EX. 24" STORM SEWER LINEEX. SANITARYSEWER MANHOLEPROP. SANITARYSEWER MANHOLEPROP. JUNCTIONBOX & GRATE INLETPROP. 12'WIDE SIDEWALKEX. RAMPEX. FIRE HYDRANT TYP.EX. PARKING, TYP.EX. 24" STORMSEWER LINECAUTION! EX. OVERHEAD ELECTRIC LINECAUTION! EX. 2" GAS LINECAUTION! EX. OVERHEAD ELECTRICALEX. POWER POLE, TYPCAUTION! EX. OVERHEAD ELECTRICALCAUTION! EX. OVERHEAD ELECTRICALEX. CROSSWALKEX. 10'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. ADA PARKING, TYP.EX. CONCRETE PAVEMENTCAUTION! EX. OVERHEAD ELECTRICALPROP. BOOK DROPLOCATIONEX. ADARAMPEX. REMOVABLEBOLLARDSEXISTING 10' TELECOM EASEMENTPROP. 5X15'WIDE PLANTERS (TYP.)PROP. 18'WIDE SIDEWALKPROP. 8' WIDESIDEWALKEX. FIRE HYDRANTEX. PARKING, TYPEX. SANITARY MANHOLEEX. CONCRETE PAVEMENTEX. POWER POLE, TYPPROP. ROOF DRAINCONNECTION, TYP.PROP. GRATE INLETPROP. FDCCONNECTIONAREA DRAINAREA DRAINEX. FENCEEX. GENERATOR DOCKING STATIONEX. TRANSFORMEREX. SWITCHGEAREX. SANITARY MANHOLEEX. STORM SEWER GRATE INLETEX. DATAEX. STORM SEWER GRATE INLETEX. ADARAMPEX. FIRE HYDRANTEX. FIRE HYDRANTBUILDINGSETBACKEX. ADA PARKING, TYP.S 89°13'03" E - 562.74'S 44°28'08" E - 14.11'S 0°44'08" W - 589.35'N 89°14'59" W - 596.47'N 47°16'56" E - 13.83'174.3'162.4'PROPOSED PUBLIC LIBRARY19,609 SQ.FT.2-STORY (39')FFE = 708.35'86. 7 '41.5'EX. CENTERLINEEX. CENTERLINE80.0' 60.0'WEST 5TH ST.(60' R.O.W.)(26' WIDE CONCRETE PAVEMENT)W. 7TH ST.(80' R.O.W.)(26' WIDE CONCRETE PAVEMENT)26.0'EX. PARKING, TYP.20.0'9.0'1111116612BUILDINGSETBACKS 33°18'43" E - 32.40'S 1°26'26" E - 20.68'S 4°24'46" W - 66.73'S 4°39'49" W - 216.16'S 3°42'31" W - 173.73'S 3°42'16" W - 86.95'40.0'20.0'EX. LANDSCAPEBUFFER110.3'61.1'15'UTILITY EASMENTVOL. P, PG. 278P.R.C.C.T37.2'154.1'199.7'13177.3'226.2'73.0'26.0'45.0'CAUTION! EX. GAS LINEEX. 8" WATER LINEEX. LANDSCAPEBUFFERANNA FIRE DEPARTMENTFFE = 706.00'15,500 SQ.FT.ANNA CITY HALLFFE = 710.00'24,600 SQ.FT.SASA SA24ST8W 191815 1081310 91315111111661213BMPROJECT BENCHMARK:1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDSOUTHEAST OF THE INTERSECTIONOF W. 5TH ST. & S. RIGGINS ST.ELEVATION = 709.27'1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDNORTHWEST OF THEINTERSECTION OF S. RIGGINS ST. &W. 7TH ST. APPROXIMATELY 66FEET NORTH OF METER VAULTELEVATION = 704.61'NCAUTION: CONTACT TEXAS 811 AND LOCAL UTILITYPROVIDERS TO LOCATE EXISTING UTILITIES PRIOR TOCONSTRUCTION.CONTACT GESSNER ENGINEERINGIF CONFLICTS OCCUR.0SCALE: 1"= 20'204060PROJECTLOCATIONWEST 5TH ST.WEST 7TH ST.SOUTH POWELL PKWY. SOUTH RIGGENS ST.VICINITY MAP SCALE: 1" = 400'N0SCALE: 1"= 40'4080120LEGENDFHSTLPOE340340WSAPAEPUEBRICK PAVERSLIMITS OF CONSTRUCTIONPROPERTY LINEEASEMENTEXISTING CONTOURSPROPOSED CONTOURSSTORM LINEWATER LINESANITARY SEWER LINEGAS LINEDATA/TELECOMUNDERGROUND ELECTRICFIBER OPTICOVERHEAD ELECTRICFIRE HYDRANTWATER METERGATE VALVEFIRE DEPARTMENT CONNECTIONPOST INDICATOR VALVESANITARY SEWER MANHOLESANITARY SEWER CLEANOUTSTORM SEWER CURB INLETLIGHT POLEPROPOSED PUBLIC ACCESS EASEMENTPROPOSED UTILITY EASEMENTGTUEFOFDCPIVwwSASTLOCISSUE DATE:PROJECT #:DRAWN BY:CHECKED BY:CORPORATE OFFICE401 W 26TH STBRYAN, TEXAS 77803www.gessnerengineering.comBRENHAM979.836.6855BRYAN979.680.8840FORT WORTH817.405.0774GEORGETOWN512.930.5832SAN ANTONIO210.305.4792TBPELS FIRM REGISTRATION NUMBERS:F-7451 & F-101914599CIVIL | CMT | GEOTECHNICALSTRUCTURAL | SURVEYPJJP06-07-202322-0490TOPOGRAPHICSURVEY EXHIBITREVISED SITE PLANANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ACITY OF ANNA, TEXASBEING 8.234 ACRESOUT OFHENRY BRANTLEY SURVEY, ABSTRACT NO.71REVISED: 9-26-224'' CONCRETE BIKE PATH4" CONCRETE SIDEWALKFIRE LANENOTES:THE PURPOSE OF THE REVISED SITE PLAN IS FOR THE ADDITIONOF THE PUBLIC LIBRARY AND ASSOCIATED SITE IMPROVEMENTS CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located north of 7ih Street, south of W.5th Street, east of SH 5 and west of S. Riggins Street) ORDINANCE NO. to\-JOl9 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENAL TY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENAL TY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning of the City; and WHEREAS, the City has received a requested zoning change on Property descried in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located north of 7th Street, south of W .5th Street, east of SH 5 and west of S. Riggins Street is rezoned from (C-1) Restricted Commercial District to (PD) Planned Development; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part 111-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Restricted Commercial District (C-1) 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 Central Business Redevelopment District (CBRD) with restrictions and additions as set forth below: 1. Purpose. The purpose of this Planned Development District is to facilitate the development of downtown Anna, preserve the historical center of the city, maintain the economic and historic integrity of the area and to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain residential, institutional, retail and office uses. 2. Definitions Except as otherwise provided herein, the definitions in Section 4 of the City's Zoning Ordinance shall apply. 3. Development Standards. a. "CBRD" Property. Development of the Property must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "CBRD", Central Business Redevelopment District, except as otherwise provided herein. 1. Parking shall be 1 parking stall per 1,000 square feet, gross floor area. Parking may be shared between buildings on the same block. 2. For all nonresidential parcels at least 2% of the street yard shall be permanent landscape area. The street yard shall be defined as the area between the front property line and the minimum front setback line. 3. For all nonresidential parcels, there shall be required to plant one large tree per every 150 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered anywhere on the site to facilitate site design. 4. For all nonresidential parcels located at the intersection of two dedicated public streets (rights-of-way), 25-foot landscape areas shall be provided at the intersection corners within 3 years of a third building being constructed on the site. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable be the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clause, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, on this 10th day of September 2019. APPROV~ W ,,,1111111111111,,, ,,,, 0 F A 1111' ,,,,_, Iv 1,.,,.,,, v"..' ·•······ ~ ~ Nale Pike, Mayor (~_.*··· ··s ~l s * ·. : ~ ~ ·.. ..· * § ~ * .. . ... ·.s- ·A TT EST --✓✓✓,,, ,:E· .)( .. "'S ,,"'' ,,,, r ,,,, C,r1M1R., o{ kill?""""""' Carrie Smith, City Secretary EXHIBIT "A" PROPERTY DESCRIPTION ANNA MUNCIPAL COMPLEX ADDITION CITY OF ANNA, TEXAS Being 8.241 Acres out of the HENRY BRANTLEY SURVEY, ABSTRACT NO. 71 and the ANNA ORIGINAL DONATION ADDITION, BLOCKS 2 & 3 and being Tracts 11, 146,147, 198 of the Henry Brantley Survey, Abstract 71 Lots 1-5, 8 & 9 Block 2; and Lots 1-5 & 6R Block 3 of the Anna Original Donation Addition All Abandoned Alleys in Block 2 and 3 of the Anna Original Donation Addition All the 80-foot wide Right of Way of 6th Street in the Anna Original donation Addition Southernmost 20-foot wide strip of 5th Street Right of Way in the Anna Original Donation Addition EXHIBIT "B" PROPERTY LOCATION i .ULI_J __ E; ____ _ 1--r .1 11~-, --i --_i ttLJ . - - - ~NO.LSY:11 >---- i--- - -- - -r~ l!>ltd NH31H.1nos Iii -~~-----' w --~----< II: t; "HO H31dHltH H.L1ni. ".LS WVH.LUOM ~ '----i H (I) ~ f---z: .. ~ '----'-------I.:~ '-----'----'---__J .LiliUI.LS NO.LSY:11 ' ~ LJ -□ I f---- .___ -.___ f--- .13131H.1S SNl991H -tn aAn10 vsow,wr'---~- ; !: w t---1-----1:: 1------11--------1 w Ill: > t---1-----1 0 ii! f--f-----l C Cl 1---1----<0 Ill: :::, w ,___,__-----'; ; ~ I - >--- II') II') 'II' :ii ~ I-w w II: I- II) w I- i i f 3131H.1S Nltl I (S "H"S) AltM>tHltd 11:IMOd 8 3 ! -~DIC/ Item No. 6.h. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution for Anna Municipal Complex Addition, Block A, Lot 1, Revised Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Library and existing civic center uses on one lot on 8.2± acres located at the northeast corner of W. 7th Street and S. Powell Parkway. This Revised Site Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the Revised Site Plan is to show the proposed library site improvements. The Revised Site Plan complies with the Planning and Development regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning & Zoning Commission recommended approval of the Revised Site Plan at the July 6, 2023 Planning & Zoning Commission meeting subject to: a. City Council approval of the zoning request; and b. Subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly, Unique, Vibrant, and Active. ATTACHMENTS: 1. Anna Municipal Complex Addition Block A Lot 1 Revised Site Plan Locator Map 2. RESOLUTION - (RSP) Anna Municipal Complex Addition, Block A, Lot 1 3. EXHIBIT A - STAMPED. RSP (Anna Municipal Complex, Bl A, Lt 1) E WHITE ST E SEVENTH STSRIGGINSST SINTERURBANSTE THIRD STN JAMES STN POWELLPKWYN INTERURBAN STNSHERLEYAVEN RIGGINS STW FIFTH ST ESECONDSTS JAMES STW FOURTH ST N EASTON DRSPOWELLPKWYHARPERSTW THIRD ST E FIFTH ST E FOURTH ST W SEVENTH ST W EIGHTH ST S SHERLEY AVEE EIGHTH STSEASTONDR WORTHAM STW WHITE ST E SIXTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet June 2023 H:\Notification Maps\Notification Maps\ Revised Site Plan - Anna Municipal Complex Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA MUNICIPAL COMPLEX ADDITION, BLOCK A, LOT 1, REVISED SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, City of Anna has submitted an application for the approval of the Anna Municipal Complex Addition, Block A, Lot 1, Revised Site Plan; and 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 Revised Site Plan The City Council hereby approves the Anna Municipal Complex Addition, Block A, Lot 1, Revised Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike wwFDCPIVLPLPLPLPLPLPLPLPPROPOSED PUBLIC LIBRARY19,609 SQ.FT.FFE = 708.35'10" SA86237717171614141211998111239986LPLPLPLPLPLPLPLPLPLPLPLPPPOEOESASASA4SA4" SA12ST6STGGGGGGEFHGVLPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPOEOEOEOE OE OE OE OE PPOEOEOEOEOEOEOE OE OEOEOEOEOEOE OEOEOEOEOELPOEOEOEOEOEOEOEOEOEOEOEOEOELPOEOEOEOEOEOEOELPLPLPLPSASASALPSASASTSASASA6SA6SA6SA10SA 10SA 10SA 10SA10SA10SA10SA10SA10SA10SA10SA10SA10SAW. 7TH ST.(80' R.O.W.)WEST 5TH ST.(60' R.O.W.)S. INTERURBAN ST.(80' R.O.W.)ANNA CITY HALLFFE = 710.00'SOUTH RIGGINSST.(VARIABLE WIDTH R.O.W.)RAILROADRESERVATIONANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ABOOK 2022, PAGE 47135,8799.84 SQ.FT., 8.23 ACZONEING: PD - CLPLPLPLPcocococo18ST24ST24ST24ST24ST24ST24ST24ST24ST 24ST24ST24ST2 4 S T 2 4 S T ANNA FIRE DEPARTMENTFFE = 706.00'S. POWELL PKWY. (HWY 5)(80' R.O.W.)INDEPENDENT BANK ADDITIONVOLUME P, PG. 209P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 15 & 16, B4OLD ANNA DONATION PLAT20171102001465190O.P.R.C.C.T.JONIC INVESTMENT, LLC.CALLED LOTS 1, 2, 3, 4, & 5A, B4OLD ANNA DONATION PLAT20180806000981570O.P.R.C.C.T.VICKY L. RUTELEDGE ANDHUSBAND, MIKE L. RUTELEDGECALLED 0.48 ACRESVOL. 5346, PG. 5671O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.333 ACRESDOC. NO. 20210518001000670O.P.R.C.C.T.JONIC INVESTMENTS, LLCCALLED 0.36 ACRESDOC. NO. 20171020001402590O.P.R.C.C.T.ERIC SANTIBENEZ AND WIFE,LAURA HERNANDEZCALLED 0.131 ACRESDOC. NO. 20130611000801170O.P.R.C.C.T.JAMES D. HENDRICKSCALLED LOTS 6&7, B1 (PLAT 21-368)DOC. NO. 20151123001466040O.P.R.C.C.T.SCOTT AND ASHLEY ANDERSONAS COMMUNITY PROPERTYCALLED LOTS 4&5, B1 (PLAT 21-368)O.P.R.C.C.T.6SA6SA6SA6SA6SA6SA6SA6SA1 8 S T 1 8 S T 18ST 18ST 24ST24ST24ST24ST24ST18ST6W6WUEUEUEUEGGGGGGGGGGGGGG8W8W8W8W8W8W8W8W8W8W8W6WSTSTST STSTSTSTSTSTSTSTSTSTSTSTST FOFOFOFOFOFOFOFOFOFOFOFOFO6W6WFHFHFO FO FO FO FO FO FO FOFO2G2G2G2G2G2G2G2G2G2G2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 2G 3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G3G 3G 3G 3G 3G 2G2G2G 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8W12W12W12W12W8W8W8W8W8W8W8W8W8WFO FO FOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFO8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W FHFHBM 1FO FO FO FO FO FO FO FO FO FO FO FO FO FO FOFOUEUEUEUEUEUEUE UEUEUE 18ST10SA10SA10SADATA6" ST6" ST2" WA6" WA6ST6ST6ST2" GAS10SA10SA10SA10SA6STFOFOUEUEUEUEUEUEUEUE700700700 700705705705 705705705710710698698699699699699701701 701701702702702702703703 704704 704704706 706706706706706707 707707707 707708708708708708 709709709709709711711700700700705705698699699699701701701702703703703704704704704700705705705705705705698699701702702702 703703 703703703704704 704704 7067067067067067 0 6 707707707707708708703703704704710709698698699699 57.0'30.0'50.0'24.0'10" SA12" ST701702704704705 706708 708709701699 ANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK A358,498.8 SQ.FT., 8.23 AC20.0'9.0'191815108131091315CAUTION! EX. 2" GAS LINECAUTION! EX. 3" GAS LINECAUTION! EX. 3" GAS LINEEX. DUMPSTER PADEX. 6'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. 24" STORMSEWER LINEEX. 8" WATER LINEEX. 6" WATER LINEEX. 18" STORMSEWER LINEEX. 18' STORM SEWER LINEEX. 6" WATER LINECAUTION! EX. 2" GAS LINEEX. 6" SANITARYSEWER LINEEX. 8' WATER LINEEX. 8" WATER LINEEX. 12" WATER LINEPROP. 6' WIDE SIDEWALKEX. 6' WIDECROSSWALKEX. 10' WIDE HIKEAND BIKE TRAILEX. 12' WIDECROSSWALKEX. 12' WIDECROSSWALKEX. RAISED CROSSWALKSPEED RAMP TYP.EX. DATA LINEEX. 8" WATER LINEEX. 8" WATER LINEEX. FIBER OPTIC LINEEX. TREE TYP.EX. 18" STORM SEWER LINEPROP. RAMP, TYP.EX. ADA PARKING TYP.EX. 24" STORM SEWER LINEEX. SANITARYSEWER MANHOLEPROP. SANITARYSEWER MANHOLEPROP. JUNCTIONBOX & GRATE INLETPROP. 12'WIDE SIDEWALKEX. RAMPEX. FIRE HYDRANT TYP.EX. PARKING, TYP.EX. 24" STORMSEWER LINECAUTION! EX. OVERHEAD ELECTRIC LINECAUTION! EX. 2" GAS LINECAUTION! EX. OVERHEAD ELECTRICALEX. POWER POLE, TYPCAUTION! EX. OVERHEAD ELECTRICALCAUTION! EX. OVERHEAD ELECTRICALEX. CROSSWALKEX. 10'' SANITARYSEWER LINEEX. 10'' SANITARYSEWER LINEEX. ADA PARKING, TYP.EX. CONCRETE PAVEMENTCAUTION! EX. OVERHEAD ELECTRICALPROP. BOOK DROPLOCATIONEX. ADARAMPEX. REMOVABLEBOLLARDSEXISTING 10' TELECOM EASEMENTPROP. 5X15'WIDE PLANTERS (TYP.)PROP. 18'WIDE SIDEWALKPROP. 8' WIDESIDEWALKEX. FIRE HYDRANTEX. PARKING, TYPEX. SANITARY MANHOLEEX. CONCRETE PAVEMENTEX. POWER POLE, TYPPROP. ROOF DRAINCONNECTION, TYP.PROP. GRATE INLETPROP. FDCCONNECTIONAREA DRAINAREA DRAINEX. FENCEEX. GENERATOR DOCKING STATIONEX. TRANSFORMEREX. SWITCHGEAREX. SANITARY MANHOLEEX. STORM SEWER GRATE INLETEX. DATAEX. STORM SEWER GRATE INLETEX. ADARAMPEX. FIRE HYDRANTEX. FIRE HYDRANTBUILDINGSETBACKEX. ADA PARKING, TYP.S 89°13'03" E - 562.74'S 44°28'08" E - 14.11'S 0°44'08" W - 589.35'N 89°14'59" W - 596.47'N 47°16'56" E - 13.83'174.3'162.4'PROPOSED PUBLIC LIBRARY19,609 SQ.FT.2-STORY (39')FFE = 708.35'86. 7 '41.5'EX. CENTERLINEEX. CENTERLINE80.0' 60.0'WEST 5TH ST.(60' R.O.W.)(26' WIDE CONCRETE PAVEMENT)W. 7TH ST.(80' R.O.W.)(26' WIDE CONCRETE PAVEMENT)26.0'EX. PARKING, TYP.20.0'9.0'1111116612BUILDINGSETBACKS 33°18'43" E - 32.40'S 1°26'26" E - 20.68'S 4°24'46" W - 66.73'S 4°39'49" W - 216.16'S 3°42'31" W - 173.73'S 3°42'16" W - 86.95'40.0'20.0'EX. LANDSCAPEBUFFER110.3'61.1'15'UTILITY EASMENTVOL. P, PG. 278P.R.C.C.T37.2'154.1'199.7'13177.3'226.2'73.0'26.0'45.0'CAUTION! EX. GAS LINEEX. 8" WATER LINEEX. LANDSCAPEBUFFERANNA FIRE DEPARTMENTFFE = 706.00'15,500 SQ.FT.ANNA CITY HALLFFE = 710.00'24,600 SQ.FT.SASA SA24ST8W 191815 1081310 91315111111661213BMPROJECT BENCHMARK:1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDSOUTHEAST OF THE INTERSECTIONOF W. 5TH ST. & S. RIGGINS ST.ELEVATION = 709.27'1/2" CAPPED IRON ROD WITH CAPSTAMPED "TRAV" LOCATEDNORTHWEST OF THEINTERSECTION OF S. RIGGINS ST. &W. 7TH ST. APPROXIMATELY 66FEET NORTH OF METER VAULTELEVATION = 704.61'NCAUTION: CONTACT TEXAS 811 AND LOCAL UTILITYPROVIDERS TO LOCATE EXISTING UTILITIES PRIOR TOCONSTRUCTION.CONTACT GESSNER ENGINEERINGIF CONFLICTS OCCUR.0SCALE: 1"= 20'204060PROJECTLOCATIONWEST 5TH ST.WEST 7TH ST.SOUTH POWELL PKWY. SOUTH RIGGENS ST.VICINITY MAP SCALE: 1" = 400'N0SCALE: 1"= 40'4080120LEGENDFHSTLPOE340340WSAPAEPUEBRICK PAVERSLIMITS OF CONSTRUCTIONPROPERTY LINEEASEMENTEXISTING CONTOURSPROPOSED CONTOURSSTORM LINEWATER LINESANITARY SEWER LINEGAS LINEDATA/TELECOMUNDERGROUND ELECTRICFIBER OPTICOVERHEAD ELECTRICFIRE HYDRANTWATER METERGATE VALVEFIRE DEPARTMENT CONNECTIONPOST INDICATOR VALVESANITARY SEWER MANHOLESANITARY SEWER CLEANOUTSTORM SEWER CURB INLETLIGHT POLEPROPOSED PUBLIC ACCESS EASEMENTPROPOSED UTILITY EASEMENTGTUEFOFDCPIVwwSASTLOCISSUE DATE:PROJECT #:DRAWN BY:CHECKED BY:CORPORATE OFFICE401 W 26TH STBRYAN, TEXAS 77803www.gessnerengineering.comBRENHAM979.836.6855BRYAN979.680.8840FORT WORTH817.405.0774GEORGETOWN512.930.5832SAN ANTONIO210.305.4792TBPELS FIRM REGISTRATION NUMBERS:F-7451 & F-101914599CIVIL | CMT | GEOTECHNICALSTRUCTURAL | SURVEYPJJP06-07-202322-0490TOPOGRAPHICSURVEY EXHIBITREVISED SITE PLANANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ACITY OF ANNA, TEXASBEING 8.234 ACRESOUT OFHENRY BRANTLEY SURVEY, ABSTRACT NO.71REVISED: 9-26-224'' CONCRETE BIKE PATH4" CONCRETE SIDEWALKFIRE LANENOTES:THE PURPOSE OF THE REVISED SITE PLAN IS FOR THE ADDITIONOF THE PUBLIC LIBRARY AND ASSOCIATED SITE IMPROVEMENTS Item No. 6.i. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Salena Tittle AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 0.4± acre located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway from SF-1 Single-Family Residential to C-1 Restricted Commercial to allow for a proposed general office use. (Planner II Salena Tittle) SUMMARY: The applicant is requesting to rezone the property to the Restricted Commercial (C-1) zoning district to allow for general office use. The intent of the C-1 zoning district is to accommodate the shopping needs of residents in adjacent residential areas and where service establishments deal directly with customers. A Site Plan, J.A. Greer Addition, Block A, Lot 1, accompanies this request (Exhibit A). Surrounding Land Use and Zoning North Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District East Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District South Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District West Vacant lot zoned SF-1 Single-Family Residential District Future Land Use Plan – The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Neighborhood District, and identified as an Intown Residential character area. To the immediate west and south of the subject property is the Downtown Core District and areas identified as Adaptive Reuse / Infill character areas. • Intown Residential areas remain essential in maintaining and elevating the quality of each neighborhood. These areas can provide the critical residential base necessary to support the businesses envisioned for Downtown. • Adaptive Reuse/Infill areas encourage home conversion to small businesses or be redeveloped with new building types. While there may be some new development on these sites, they are not expected to be aggregated with other sites for redevelopment purposes. The applicant is looking to use the existing home, which dates back to the 1800’s, as a general office type use which would serve as a quieter commercial use and serve as a transition from the Downtown Core area to the Downtown Neighborhood Area. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Future Land Use Plan and Downtown Master Plan should not be viewed as a parcel-based map. The proposed zoning request involves the conversion of a former home to a small business which is in alignment of the Adaptive Reuse/Infill designation. The Planning & Zoning Commission recommended approval of the zoning request at the July 6, 2023 Planning & Zoning Commission meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. J.A. Greer Addition, Block A, Lot 1 Zoning Locator Map 2. Ordinance - J.A. Greer Addition, Block A, Lot 1 to C-1 3. Exhibit 1 - Ord. (Metes & Bounds) 4. PZ - STAFF REPORT (Zoning) - J.A. Greer Addition, Block A, Lot 1 5. Exhibit A - (SP) J.A. Greer Addition, Block A, Lot 1 E SECOND STN JAMES STN SHERLEY AV E FM 2862E FIRST STNRIGGINSSTNPOWELLPKWY N INTERURBAN STW SECOND ST W FIRST ST HACKBERRY DR AMORET CIRCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet June 2023 H:\Notification Maps\Notification Maps\ Zoning - J.A. Greer Addition, Block A, Lot 1 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit 1 (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway being rezoned from SF-1 Single-Family Residential (SF-1) to C-1 Restricted Commercial (C-1) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit 1 from SF-1 Single-Family Residential (SF-1) to C-1 Restricted Commercial (C-1) zoning. 2 Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 25th day of July, 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor SITUATED in the City of Anna, Collin County, Texas, in the Henry Brantley survey, abstract no. 71, being a survey of the 16,100 square feet of land described in a deed from Thelma Coffey to Joe A. Greer and wife, Geraldine Greer, dated December 23, 1974, recorded in volume 943, page 273 of the deed records of Collin County, Texas; being described by metes and bounds as follows: BEGINNING at a 1/2-inch iron pin found at the northeast corner of said 16,100 square foot tract and the northwest corner of the 0.4029 acre tract recorded in volume 4851, page 575; same being in the south line of the 0.5795 acre tract recorded as clerk's file no. 20110713000728470; THENCE South 01°50'37" West, with the east line of said 16,100 square foot tract, 228.98 feet to a 3/4-inch iron pin set at the southeast corner of said 16,100 square foot tract and in the north right-of-way line of Hackberry Drive; THENCE North 88°05'15" West, with the south line of said 16,100 square foot tract and the north right-of-way line of said Hackberry Drive, 70.28 feet to a 3/4-inch iron pin set at the southwest corner of said 16,10 square foot tract; THENCE North 02°56'52" East, with the west line of said 16,100 square foot tract, 230.55 feet to a 3/4-inch iron pin set at the northwest corner of said 16,100 square foot tract and the southwest corner of said 0.5795 acre tract; THENCE South 86°45'02" East, with the north line of said 16,10 square foot tract and the south line of said 0.5795 acre tract, 65.86 feet to the PLACE OF BEGINNING and containing 0.359 acre or 15,638 square feet(as calculated). CITY OF ANNA Planning & Zoning Commission July 6, 2023 Public Hearing: Zoning – J.A. Greer Addition, Block A, Lot 1 Applicant: Joe A. Greer, Jr. DESCRIPTION: Request to rezone 0.4± acre located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway from SF-1 Single-Family Residential to C-1 Restricted Commercial to allow for a proposed general office use. REMARKS: The applicant is requesting to rezone the property to the Restricted Commercial (C-1) zoning district to allow for general office use. The intent of the C-1 zoning district is to accommodate the shopping needs of residents in adjacent residential areas and where service establishments deal directly with customers. A Site Plan, J.A. Greer Addition, Block A, Lot 1, accompanies this request (Exhibit A). Surrounding Land Use and Zoning North Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District East Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District South Single-family dwelling, detached lot zoned SF-1 Single-Family Residential District West Vacant lot zoned SF-1 Single-Family Residential District Future Land Use Plan – The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Neighborhood District, and identified as an Intown Residential character area. To the immediate west and south of the subject property is the Downtown Core District and areas identified as Adaptive Reuse / Infill character areas. •Intown Residential areas remain essential in maintaining and elevating the quality of each neighborhood. These areas can provide the critical residential base necessary to support the businesses envisioned for Downtown. •Adaptive Reuse/Infill areas encourage home conversion to small businesses or be redeveloped with new building types. While there may be some new development on these sites, they are not expected to be aggregated with other sites for redevelopment purposes. PAGE 2 OF 2 The applicant is looking to use the existing home, which dates back to the 1800’s, as a general office type use which would serve as a quieter commercial use and serve as a transition from the Downtown Core area to the Downtown Neighborhood Area. SUMMARY: The Future Land Use Plan and Downtown Master Plan should not be viewed as a parcel-based map. The proposed zoning request involves the conversion of a former home to a small business which is in alignment of the Adaptive Reuse/Infill designation. Item No. 6.j. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the J.A. Greer Addition, Block A, Lot 1, Site Plan. (Planner II Salena Tittle) SUMMARY: General office on one lot on 0.4± acre located on the north side of Hackberry Drive, 320± feet east of N. Powell Parkway. This Site Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose of the Site Plan is to show the related site improvements associated with the proposed general office development. The Site Plan complies with the Planning and Development regulations as requested by the zoning case. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning & Zoning Commission recommended approval of the Site Plan at the July 6, 2023 Planning & Zoning Commission meeting subject to City Council approval of the zoning request. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. J.A. Greer Addition, Block A, Lot 1 Site Plan Locator Map 2. RESOLUTION - (SP) J.A. Greer Addition, Block A, Lot 1 3. Exhibit A (STAMPED) - (SP) J.A. Greer Addition, Block A, Lot 1 NS H E R L E Y AV ENRIGGINSST N INTERURBAN STHACKBERRY DR E FIRST STNPOWELLPKWYWFIRSTSTCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 100 20050 Feet June 2023 H:\Notification Maps\Notification Maps\ Site Plan - J.A. Greer Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING J.A. GREER ADDITION, BLOCK A, LOT 1, SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Joe A. Greer, Jr. has submitted an application for the approval of J.A. Greer Addition, Block A, Lot 1, Site Plan; and 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 J.A. Greer Addition, Block A, Lot 1, Site Plan attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of July, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 6.k. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.017 acres of real property, more or less, and a temporary construction easement providing temporary limited rights on and under 0.001 acres of real property, more or less, as further described in Exhibit A of said resolution with said easements being part of tract of land recorded in Document No. 20110729000793490 of the Official Public Records of Collin County, Texas granted to Sueko Nakama Hoff; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: The City has a Capital Improvement Project to re-locate and expand water and sanitary sewer utilities in the SH5 corridor. TxDOT is seeking to widen SH5 to a 4-lane divided roadway, which requires this work to be completed in the very near future. The design plans for the utilities are complete, and the City has acquired the majority of the required easements for the project. This item is in regard to an easement which has not yet been acquired. It is important to note that TxDOT requires the City to relocate our water mains and sewer mains outside of their new right-of-way - which is the reason the City must acquire the easements where the new utilities will be located. TxDOT cannot construct SH5 until the City has relocated all of our utilities. Staff and our property acquisition team will continue to work to reach a reasonable negotiated settlement with the owners and acquire the easement. However, we want to make sure that the City Council has granted staff all options available, including condemnation. If approved, this item will authorize the City to negotiate with the landowner's agent for the purchase of the necessary water easement based on the appraised value of the property and in accordance with state law. Action on this item will require the motion to be made using the exact language provided in the staff recommendation. FINANCIAL IMPACT: The funding source for the acquisition of the easement is Water Impact Fees. The final cost of the easement will be determined as negotiations take place. BACKGROUND: Staff recommends approval of the resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.017 acres of real property, more or less, and a temporary construction easement providing temporary limited rights on and under 0.001 acres of real property, more or less; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. MANDATORY LANGUAGE FOR MOTION TO CONDEMN: I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire an easement that is 0.017 acres of real property more or less, and a temporary construction easement providing temporary limited rights on and under 0.001 acres of real property, more or less described in detail in the document labeled Exhibit "A" attached to the resolution for agenda item 6.k. of tonight’s Council meeting agenda and said easements being part of tract of land recorded in Document No. 20110729000793490 of the Official Public Records of Collin County, Texas granted to Sueko Nakama Hoff; for a permanent water line easement and all related facilities and appurtenances. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. SH5 Water Line Easement Resolution - Parcel 23 CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 7 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.017 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 0.001 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install water lines and associated appurtenances to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement and a temporary construction easement, respectively providing limited rights on and under 0.017 acres of real property, more or less, and 0.001 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of water lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 7 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.017 acres of real property (the “Permanent Water Line Easement”), held by Sueko Namaka Hoff and/or others. Said approximate 0.017 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent water line easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.001 acres of real property (the “Temporary Construction Easement”), held by Sueko Namaka Hoff and/or others. Said approximate 0.001 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Water Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 7 if determined necessary by said attorneys, to acquire the needed Permanent Water Line Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Water Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Water Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Water Line Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Water Line Easement and Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Water Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2023. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit A Exhibit A Exhibit A Exhibit A Item No. 6.l. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.066 acres of real property, more or less, as further described in Exhibit A of said resolution with said easement being part of a tract of land located at the address of 2012 S. Powell Pkwy, Anna, Texas, 75409 in Collin County, Texas; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: The City has a Capital Improvement Project to re-locate and expand water and sanitary sewer utilities in the SH5 corridor. TxDOT is seeking to widen SH5 to a 4-lane divided roadway, which requires this work to be completed in the very near future. The design plans for the utilities are complete, and the City has acquired the majority of the required easements for the project. This item is in regard to an easement which has not yet been acquired. It is important to note that TxDOT requires the City to relocate our water mains and sewer mains outside of their new right-of-way - which is the reason the City must acquire the easements where the new utilities will be located. TxDOT cannot construct SH5 until the City has relocated all of our utilities. Staff and our property acquisition team will continue to work to reach a reasonable negotiated settlement with the owners and acquire the easement. However, we want to make sure that the City Council has granted staff all options available, including condemnation. If approved, this item will authorize the City to negotiate with the landowner's agent for the purchase of the necessary water easement based on the appraised value of the property and in accordance with state law. Action on this item will require the motion to be made using the exact language provided in the staff recommendation. FINANCIAL IMPACT: The funding source for the acquisition of the easement is Water Impact Fees. The final cost of the easement will be determined as negotiations take place. BACKGROUND: Staff recommends approval of the resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.066 acres of real property, more or less; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. MANDATORY LANGUAGE FOR MOTION TO CONDEMN: I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire an easement that is 0.066 acres of real property described in detail in the document labeled Exhibit "A" attached to the resolution for agenda item 6.m. of tonight’s Council meeting agenda and said easement being part of a tract of land located at the address of 2012 S. Powell Pkwy, Anna, Texas, 75409 in Collin County, Texas for a permanent water line easement and all related facilities and appurtenances. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. SH5 Water Line Easement Resolution - Parcel 35 CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 7 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.066 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install water lines and associated appurtenances to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement, providing limited rights on and under 0.066 acres of real property, more or less, said tract being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of water lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 7 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.066 acres of real property (the “Permanent Water Line Easement”), held by Ricardo Raul Lopez and/or others. Said approximate 0.066 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer line easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Water Line Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Water Line Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good- faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 7 take all necessary actions in such proceedings to condemn and acquire the Permanent Water Line Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Water Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2023. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit A Exhibit A Exhibit A Exhibit A Item No. 6.m. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.100 acres of real property, more or less, as further described in Exhibit A of said resolution with said easement being part of tract of land recorded in Document No. 20181221001551200 of the Official Public Records of Collin County, Texas granted to Steve Malampy and Susan Malampy; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: The City has a Capital Improvement Project to re-locate and expand water and sanitary sewer utilities in the SH5 corridor. TxDOT is seeking to widen SH5 to a 4-lane divided roadway, which requires this work to be completed in the very near future. The design plans for the utilities are complete, and the City has acquired the majority of the required easements for the project. This item is in regard to an easement which has not yet been acquired. It is important to note that TxDOT requires the City to relocate our water mains and sewer mains outside of their new right-of-way - which is the reason the City must acquire the easements where the new utilities will be located. TxDOT cannot construct SH5 until the City has relocated all of our utilities. Staff and our property acquisition team will continue to work to reach a reasonable negotiated settlement with the owners and acquire the easement. However, we want to make sure that the City Council has granted staff all options available, including condemnation. If approved, this item will authorize the City to negotiate with the landowner's agent for the purchase of the necessary water easement based on the appraised value of the property and in accordance with state law. Action on this item will require the motion to be made using the exact language provided in the staff recommendation. FINANCIAL IMPACT: The funding source for the acquisition of the easement is Water Impact Fees. The final cost of the easement will be determined as negotiations take place. BACKGROUND: Staff recommends approval of the resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.100 acres of real property, more or less; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. MANDATORY LANGUAGE FOR MOTION TO CONDEMN: I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire an easement that is 0.0100 acres of real property described in detail in the document labeled Exhibit "A" attached to the resolution for agenda item 6.n. of tonight’s Council meeting agenda and being part of tract of land recorded in Document No. 20181221001551200 of the Official Public Records of Collin County, Texas granted to Steve Malampy and Susan Malampy for a permanent water line easement and all related facilities and appurtenances. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. SH5 Water Line Easement Resolution - Parcel 36 CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 7 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.100 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install water lines and associated appurtenances to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement, providing limited rights on and under 0.100 acres of real property, more or less, said tract being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of water lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 7 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.100 acres of real property (the “Permanent Water Line Easement”), held by Steve & Susan Malamphy and/or others. Said approximate 0.100 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent water line easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Water Line Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Water Line Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good- faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 7 take all necessary actions in such proceedings to condemn and acquire the Permanent Water Line Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Water Line Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2023. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit A Exhibit A Exhibit A Exhibit A Item No. 6.n. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.430 acres of real property, more or less, said easement being part of tract of land recorded in Document No. 20180427000512810 of the Official Public Records of Collin County, Texas granted to Destinaton Frienship, LLC, a Louisana limited liability company; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: The City has a Capital Improvement Project to re-locate and expand water and sanitary sewer utilities in the SH5 corridor. TxDOT is seeking to widen SH5 to a 4-lane divided roadway, which requires this work to be completed in the very near future. The design plans for the utilities are complete, and the City has acquired the majority of the required easements for the project. This item is in regard to an easement which has not yet been acquired. It is important to note that TxDOT requires the City to relocate our water mains and sewer mains outside of their new right-of-way - which is the reason the City must acquire the easements where the new utilities will be located. TxDOT cannot construct SH5 until the City has relocated all of our utilities. Staff and our property acquisition team will continue to work to reach a reasonable negotiated settlement with the owners and acquire the easement. However, we want to make sure that the City Council has granted staff all options available, including condemnation. If approved, this item will authorize the City to negotiate with the landowner's agent for the purchase of the necessary water easement based on the appraised value of the property and in accordance with state law. Action on this item will require the motion to be made using the exact language provided in the staff recommendation. FINANCIAL IMPACT: The funding source for the acquisition of the easement is Water Impact Fees. The final cost of the easement will be determined as negotiations take place. BACKGROUND: Staff recommends approval of the resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.430 acres of real property, more or less; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. MANDATORY LANGUAGE FOR MOTION TO CONDEMN: I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire an easement that is 0.430 acres of real property described in detail in the document labeled Exhibit "A" attached to the resolution for agenda item 6.o. of tonight’s Council meeting agenda said easement being part of tract of land recorded in Document No. 20180427000512810 of the Official Public Records of Collin County, Texas granted to Destinaton Frienship, LLC, a Louisana limited liability company for a permanent water line easement and all related facilities and appurtenances. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. SH5 Water Line Easement Resolution - Parcel 37 CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 7 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.430 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install water lines and associated appurtenances to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement, providing limited rights on and under 0.430 acres of real property, more or less, said tract being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of water lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 7 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.430 acres of real property (the “Permanent Water Line Easement”), held by Friendship Destination, LLC and/or others. Said approximate 0.430 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent water line easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Water Line Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Water Line Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good- faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 7 take all necessary actions in such proceedings to condemn and acquire the Permanent Water Line Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Water Line Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2023. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit A Exhibit A Exhibit A Exhibit A Item No. 6.o. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.168 acres of real property, more or less, said easement being part of tract of land recorded in Document No. 20190313000263910 of the Official Public Records of Collin County, Texas granted to J. Clayton Kennedy, Trustee of the Kennedy 2012 Investment Trust; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: The City has a Capital Improvement Project to re-locate and expand water and sanitary sewer utilities in the SH5 corridor. TxDOT is seeking to widen SH5 to a 4-lane divided roadway, which requires this work to be completed in the very near future. The design plans for the utilities are complete, and the City has acquired the majority of the required easements for the project. This item is in regard to an easement which has not yet been acquired. It is important to note that TxDOT requires the City to relocate our water mains and sewer mains outside of their new right-of-way - which is the reason the City must acquire the easements where the new utilities will be located. TxDOT cannot construct SH5 until the City has relocated all of our utilities. Staff and our property acquisition team will continue to work to reach a reasonable negotiated settlement with the owners and acquire the easement. However, we want to make sure that the City Council has granted staff all options available, including condemnation. If approved, this item will authorize the City to negotiate with the landowner's agent for the purchase of the necessary water easement based on the appraised value of the property and in accordance with state law. Action on this item will require the motion to be made using the exact language provided in the staff recommendation. FINANCIAL IMPACT: The funding source for the acquisition of the easement is Water Impact Fees. The final cost of the easement will be determined as negotiations take place. BACKGROUND: Staff recommends approval of the resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent water line easement providing limited rights on and under 0.168 acres of real property, more or less; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. MANDATORY LANGUAGE FOR MOTION TO CONDEMN: I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire an easement that is 0.168 acres of real property described in detail in the document labeled Exhibit "A" attached to the resolution for agenda item 6.p. of tonight’s Council meeting agenda with said easements being part of tract of land recorded in Document No. 20190313000263910 of the Official Public Records of Collin County, Texas granted to J. Clayton Kennedy, Trustee of the Kennedy 2012 Investment Trust for a permanent water line easement and all related facilities and appurtenances. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. SH5 Water Line Easement Resolution - Parcel 45 CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 7 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.168 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install water lines and associated appurtenances to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement, providing limited rights on and under 0.168 acres of real property, more or less, said tract being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of water lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 7 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.168 acres of real property (the “Permanent Water Line Easement”), held by Kennedy 2012 Investment Trust and/or others. Said approximate 0.168 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent water line easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Water Line Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Water Line Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good- faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 7 take all necessary actions in such proceedings to condemn and acquire the Permanent Water Line Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Water Line Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2023. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit A Exhibit A Exhibit A Exhibit A Item No. 6.p. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a contract with Garney Companies, Incorporated, for Construction Manager At Risk Services for the Hurricane Creek Regional Wastewater Treatment Plant Facility. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: The City of Anna publicly advertised a request for proposals for Construction Manager at Risk services (CMAR) for the construction of the Hurricane Creek Regional Wastewater Treatment Plant. Proposals were received and opened on June 29, 2023. Three proposals were received. The lowest qualified submittal was received from Garney Companies, Incorporated. This item is to award the CMAR contract to Garney Companies, Inc. and to authorize the City Manager to execute a contract in a form approved by the City Attorney. If approved, staff will work with the City Attorney to prepare a detailed contract for execution. FINANCIAL IMPACT: Funding for the Hurricane Creek Regional Wastewater Treatment Plant project was appropriated in the FY2023 Community Investment Program budget for a total project cost of $80.0 million. Revenue Bonds were issued in September 2023 in the amount of $65.0 million. The balance of any needed funds will come from other sources as needed. The estimated cost of CMAR proposal is $12.4 million. BACKGROUND: The City of Anna is seeking to construct a regional wastewater treatment facility in the southwest portion of the City of Anna Extraterritorial Jurisdiction. The facility will serve the west side of Anna and the communities of Weston and Van Alstyne, which will be entering into contracts with the City of Anna to provide wastewater treatment. The City received a discharge permit for the project from the Texas Commission on Environmental Quality (TCEQ) earlier this year. Site construction has begun on the project, including site grading, vegetation removal, and construction of a temporary construction road. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Award CMAR - Hurricane Creek WWTP 2. Bid Opening - Proposal Summary 3. Technical Submittal - Garney Companies, Inc 4. Anna RWRF_RecLetter CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE CONSTRUCTION MANAGER AT RISK CONTRACT FOR THE HURRICANE CREEK REGIONAL WASTEWATER TREATMENT PLANT TO GARNEY COMPANIES, INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE PROJECT IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Hurricane Creek Regional Wastewater Treatment Plant Facility is identified as a capital wastewater improvement project in the City of Anna, Texas; and, WHEREAS, the City has successfully obtained a discharge permit from the Texas Commission on Environmental Quality for the project; and, WHEREAS, the facility will serve existing and future properties on the west side of Anna, Texas; and, WHEREAS, the facility is being designed and constructed as a regional solution for the Cities of Anna, Weston, and Van Alstyne, and for unincorporated areas surrounding these communities; and, WHEREAS, the City publicly advertised for Construction manager at risk services for the project and opened proposals on June 29, 2023; and, WHEREAS, the lowest qualified bid was received from Garney Companies, Incorporated; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby awards the Construction Manager at Risk Contract for the Hurricane Creek Regional Wastewater Treatment Plant to Garney Companies, Incorporated, with a fee structure as follows: •Pre-Construction Services Fee: $1,134,000 •Procurement Services Fee: $375,000 •CMAR Fee: of 8% of the total construction cost That the City Manager is hereby authorized to execute a contract with Garney Companies, Incorporated for the project, in a form approved by the City Attorney. That funding for the project shall come from Utility Bond Funds and Wastewater Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of July 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike Kimley-Horn and Associates, Inc. 260 East Davis Street, Ste. 100 McKinney, Texas 75069 Phone: 469-301-2580 PROPOSAL SUMMARY PROJECT: City of Anna Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility JOB NO. 064512911 OWNER: City of Anna , TEXAS DATE: June 29, 2023 Proposer Addenda Yes or No Bid Bond Yes or No Technical Proposal Yes or No Cost Proposal Total Lump Sum Archer Western Construction, LLC Yes Yes Yes $12,471,370.00 MWH Constructors, Inc. Yes Yes Yes $13,941,704.00 Garney Companies, Inc. Yes Yes Yes $12,345,800.00 1-1 Request For Proposal: Construction Manager at Risk (CMAR) HURRICANE CREEK REGIONAL WATERRECLAMATION FACILITY & TEMPORARYTREATMENT FACILITY City of Anna 120 West 7th Street Anna, TX 75409 TECHNICAL PROPOSAL GARNEY COMPANIES, INC. 3360 FM 2933 McKinney, TX 75071 PROJECT NO: 064512911 YOURIDEALCMARPARTNER TABLE OF CONTENTS 01 02 03 04 05 Proposal Form 1 - Proposal Transmittal Form (Section 00 42 23) and all required attachments Overall Project Management, Execution Approach, & Contractor’s Experience with Similar Work Preconstruction and Procurement Services Plan Construction Services Plan Commissioning and Start-Up Plan YOUR IDEAL CMAR PARTNER. AS YOUR CMAR PARTNER, GARNEY WILL BE THERE EVERY STEP OF THE WAY FROM PRECONSTRUCTION THROUGH START-UP, COMMISSIONING, AND TURNOVER. GARNEY IS COMMITTED TO DOING WHATEVER IT TAKES TO ENSURE THE SUCCESS OF THE HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITY. WE ARE READY TO GET TO WORK. Cover Letter CITY OF ANNA, TX HURRICANE CREEK WATER RECLAMATION FACILITY AND TEMPORARY TREATMENT FACILITY (CMAR)JUNE 29, 2023 CMAR SELECTION COMMITTEE CITY OF ANNA CITY HALL 1 20 W. 7TH STREET ANNA, TEXAS 75409 ATTN: TODD STROUSE, PE KIMLEY-HORN AND ASSOCIATES, INC. 260 EAST DAVIS STREET, SUITE 100 MCKINNEY, TEXAS 75069 Dear Selection Committee, Garney Companies, Inc. (Garney) commends the City of Anna (City) for choosing the Construction Manager-At-Risk (CMAR) delivery method for the successful completion of the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility (HCRWRF & TTF) project. With a solid execution plan and a collaborative approach in mind, Garney is ready to step in as the City's CMAR partner. We are confident in our ability to deliver exceptional results and remain dedicated to working closely with the City, Kimley-Horn, and the community throughout the project. GARNEY COMPANIES, INC. 3360 FM 2933 McKinney, TX 75071 GARNEY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA: ADDENDUM 01 DATED 06/12/2023 ADDENDUM 02 DATED 06/15/2023 ADDENDUM 03 DATED 06/19/2023 ADDENDUM 04 DATED 06/26/2023 Patrick Vidonish, DBIA - Director 419.631.6486 | pvidonish@garney.com Respectfully submitted, Garney Companies, Inc COLLABORATION Garney's successful collaboration with over 90 owners in delivering their first collaborative delivery water/wastewater infrastructure projects is a testament to our expertise. As your partner, we seamlessly integrate with your team, acting as an extension of your staff. Having delivered 12 projects valued at $150M with Kimley-Horn, our track record with your Engineer demonstrates our commitment to collaboration. We have assembled a strong key team and a qualified alternate team, showcasing our readiness to deliver exceptional results. By fostering a unified team, Garney encourages efficient communication, shared decision-making, and stakeholder engagement. This leads to streamlined processes, and increased productivity. EXPERTISE Garney has a proven track record in collaborative delivery of water and wastewater infrastructure. We have completed 290 CMAR projects worth $5.9 billion and 22 CMAR projects valued at $1.8 billion in Texas alone. With over 60 years of experience, we bring the expertise and reliability necessary for the success of the HCRWRF & TTF project. We have a deep understanding of CMAR procurement in Texas and a strong history of delivering similar projects on time and within budget. Our qualified team is currently finalizing the successful Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) for the North Texas Municipal Water District (NTMWD), ensuring a seamless transition of expertise and resources. RELIABILITY As experts in nationwide wastewater treatment and water supply projects, Garney seamlessly integrates new systems into existing infrastructure. With 568 treatment plant/pump station projects totaling $8.1 billion, our extensive experience speaks to our capabilities. With a workforce of 2,000 employees nationwide and a robust presence in Texas, we have substantial capabilities and can readily supplement any project location with additional support if necessary. Our strong relationships with vendors and suppliers play a crucial role in streamlining equipment procurement. By minimizing delays and optimizing the supply chain, we ensure a smooth timeline and efficient project execution. Garney is ready to hit the ground running from day one, providing an efficient process. We're excited about the opportunity to collaborate with the City and Kimley-Horn on the HCRWRF & TTF project. As your ideal CMAR partner, we'll construct a sustainable wastewater treatment facility to support Anna's thriving growth. LET'S BUILD TOGETHER AND SHAPE ANNA'S FUTURE INFRASTRUCTURE. Our approach merges collaboration, expertise, and reliability, capitalizing on local resources and strong vendor relationships to achieve seamless execution of this vital project. Section One PROPOSAL FORM 1 - PROPOSAL TRANSMITTAL FORM (SECTION 00 42 23) AND ALL REQUIRED ATTACHMENTS We believed Garney was clearly the right company to hire, but we had no idea how much value they would ultimately bring to the project. Garney’s involvement in all aspects of the process proved to bring a level of value and cost savings that would be difficult to even measure. Ross M. Cummings, President Blue Water Systems, TX Cross County 30-Inch Transmission Line and High Service Pump Station (Design-Build) Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 1 of 13 Proposal Transmittal Form 1.0 Proposal Recipient And Principal Contact Person 1.1 THIS PROPOSAL FOR SERVICES FOR THE CONSTRUCTION MANAGER AT RISK ––CITY OF ANNA HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITY [KIMLEY-HORN PROJECT NO. 064512911] IS SUBMITTED TO: City of Anna 120 West 7th Street Anna, Texas 75409 All proposals shall be submitted no later than June 29, 2023, by 2:00 PM. 1.2 The Proposer’s principal contact person who will serve as the interface between the Owner and the Proposer for all communications during the procurement period is: Name: Title: Address: Phone: Fax: Email: 2.0 Proposer’s Acknowledgments 2.1 The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into a Construction Management At Risk Services Agreement with Owner in the form included in the RFP, to perform all Services and Work as specified or indicated in and within the amounts indicated in the Cost Proposal. Proposer agrees to complete the Services and Work within the Contract Price and within the Contract Time established in the Amendment(s) setting forth the Guaranteed Maximum Price and comply with the other terms and conditions of the Contract Documents. 2.2 Proposer accepts all of the requirements, terms, and conditions of the RFP, including without limitation those dealing with the Bid Bond, required performance, and payment bonds and insurance. The Proposal will remain subject to acceptance for 60 days after the opening of Proposals. 2.3 Proposer accepts the provisions of the Construction Management At Risk Services Agreement as to Liquidated Damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement. 3.0 Proposer’s Representations Director 3360 FM 2933, McKinney, TX 75071 (816) 759-3944 (407)877-5912 pvidonish@garney.com Patrick S. Vidonish Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 2 of 13 3.1 In submitting this Proposal, Proposer certifies, represents and warrants, that: A.The submittal of the Proposal has been duly authorized by, and in all respects binding upon, the Proposer. B.The undersigned declares that it is the Proposer or by holding the position below indicated is authorized to execute this Proposal Transmittal Form on behalf of the Proposer and that all representations made on this form are true and accurate. C.Proposer has examined, carefully studied and understands and agrees to be bound by the requirements of the RFP, and Contract Documents, the other related data identified in the RFP, and the following Addenda, receipt of all of which is hereby acknowledged: D.All information and statements contained in the Proposal are current, correct and complete and are made with full knowledge that the Owner will rely on such information and statements in determining the selected Proposer for the Project. E.The submission of this Proposal will constitute an incontrovertible representation by the Proposer that the Proposer has complied with every requirement of the RFP that without exception the Proposal is premised upon completion of the Services required by the RFP, Addenda and the related supplemental data. F.Proposer acknowledges that it is aware and understands the requirements of Chapter 176 of the Texas Local Government Code and Proposer is solely responsible for complying with such requirements. G.If selected, the Proposer will submit written evidence of its authority to do business in Texas not later than the date of its execution of the Agreement. H.Proposer has visited the Site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the Work. I.Proposer is familiar with and is satisfied as to all federal, state, and local laws and Regulations that may affect cost, progress, and the furnishing of the work and services. J.Proposer is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. Addendum No. Addendum Date Signature Acknowledging Receipt 1 2 3 4 06/12/2023 06/15/2023 06/19/2023 06/26/2023 Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 3 of 13 K.Proposer has correlated the information known to the Proposer, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. L.Proposer has given written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the RFP and Contract Documents, and the written resolution thereof by Owner is acceptable to Proposer. M.The RFP and Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the services and work for which this Proposal is submitted. N.Proposer further represents that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Proposal. Proposer has not solicited or induced any individual or entity to refrain from making a Proposal. Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over Owner. 4.0 Cost Proposal For Services 4.1 Proposer will provide CMAR Services in accordance with the RFP, Construction Management At Risk Services Agreement, the Standard General Conditions of the Construction Contract, the Supplementary Conditions of the Construction Contract, Section 01 01 01 Construction Manager at Risk Services, Contract Documents for the prices shown in the Cost Proposal, and will complete the construction of the Project within the Guaranteed Maximum Price established in a future Amendment(s). 5.0 Time of Completion 5.1 Proposer agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the Standard General Conditions of the Construction Contract on or before the dates or within the number of calendar days indicated in the Construction Management At Risk Services Agreement. 6.0 The Proposal 6.1 The following documents are included as the Proposal and all attachments thereto are made a condition of the Proposal: A. Technical Proposal meeting the requirements of 00 45 16: 1.Cover Letter. 2.This executed Section 1: 00 42 23 Proposal Transmittal Form and attachments including the Bid Bond, and Forms. Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 4 of 13 3.Section 2: Project Management, Execution Approach, & Contractor’s Experience with Similar Work. 4.Section 3: Preconstruction and Procurement Services Plan. 5.Section 4: Construction Services Plan. 6.Section 5: Commissioning and Startup Plan. B. Cost Proposal 1.00 42 23.01 Cost Proposal 7.0 Defined Terms 7.1 The terms used in this Proposal have the meanings indicated in the RFP, Construction Management At Risk Services Agreement, the Standard General Conditions of the Construction Contract, the Supplementary Conditions of the Construction Contract, and Section 01 01 01 Construction Manager at Risk Services. 8.0 Venue 8.1 Proposer agrees that venue shall lie exclusively in Collin County, Texas for any legal action. 9.0 Proposal Submittal 9.1 This Proposal is submitted by: Garney Companies, Inc. Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 5 of 13 If Proposer is an Individual: Name: (typed or printed) By: (Individual’s Signature) Doing business as: Business address: Phone: E-mail: Proposal submitted on the following date: A Partnership Partnership Name: (typed or printed) Name of General Partner: (typed or printed) By: (Signature of general partner -- attach evidence of authority to sign) Doing business as: Business address: Phone: E-mail: Proposal submitted on the following date: Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 6 of 13 Corporation Name: (typed or printed) State of Corporation: Type: (General Business, Professional, Service, Limited Liability) Date of Qualification to do Business In Texas is: By: (Signature -- attach evidence of authority to sign) Name: (typed or printed) Title: Attest: (Signature of Corporate Secretary) Business address: Phone:E-mail: Proposal submitted on the following date: A Joint Venture Garney Companies, Inc. Missouri General Business May 1977 Patrick S. Vidonish Director 1700 Swift Street North Kansas City, MO 64116 (816) 759-3944 June 29, 2023 pvidonish@garney.com Thomas J. Robert CERTIFIED COPY OF RESOLUTION OF SOLE DIRECTOR OF GARNEY COMPANIES, INC. The undersigned, Thomas J. Roberts, hereby certifies that he is the duly elected and qualified Secretary of Garney Companies, Inc. a Missouri Corporation (the "Company"), and that as Secretary, he maintains the records and the corporate seal of the Company. The undersigned further certifies that the following is a true and correct copy of the resolution adopted by the Sole Director of the Company on the 5th day of December, 2022 and that such resolution is now in full force and effect: RESOLVED: That the following individuals listed below Michael H. Heitmann CEO Scott A. Parrish President Executive Vice President Matthew W. Reaves Timothy M. Behler Vice President/COO - Eastern Plant Wayne A. O'Brien Vice President/COO - Western Plant Matthew T. Foster Vice President/COO - Western Pipe Jason A. Seubert Vice President/COO - Eastern Pipe David R. Burkhart Vice President Stephen P. Ford Vice President Gregory K. Harris Vice President Jordan S. Carrier Vice President Daniel R. Smolik Vice President William D. Williams Vice President Jay L. McQuillen, Jr. Director - Garney Federal Thomas J. Roberts Director of Financial Reporting/Secretary Mark A. Kelly Director - Business Development Michael D. Strong Director - General Counsel Scott J. Reuter Director Jeffrey P. Seal Director Michael Joel Heimbuck Director Eric C. Wagner Director Brian B. Brandstetter Director Patrick S. Vidonish Director are hereby authorized and instructed to execute and deliver on behalf of the Corporation and its name, contracts, offers and bids pertaining to contracting and construction work to be performed by the Company. IN WITNESS WHEREOF, the undersigned has hereby affixed his name as Secretary and caused the corporate seal of the Company to be affixed hereto this 5th day of December, 2022. Thomas J. Roberts, Corporate Secretary Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 7 of 13 Joint Venturer Name: (typed or printed) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone:E-mail: Proposal submitted on the following date: Joint Venturer Name: (typed or printed) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name: (typed or printed) Title: Business address: Phone:E-mail: Proposal submitted on the following date: Contact for receipt of official communications: Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 8 of 13 Name: (typed or printed) Business address: Phone:E-mail: Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above Affidavits Patrick S. Vidonish, Director 3360 FM 2933 McKinney, TX 75071 816-759-3944 pvidonish@garney.com Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 9 of 13 One of the following four affidavits shall be executed and provided with this form. AFFIDAVIT FOR INDIVIDUAL State __________________________________)§ County of _______________________________)§ _____________________, being duly sworn deposes and says that they are ______________ of the (Name) (Title) company submitting the foregoing form and related information; have read such documents; and that such documents are true and correct and contain no material misrepresentations. (Signature) Signed and sworn to me before this day of , ,20 . (Notary Public) My commission expires: AFFIDAVIT FOR PARTNERSHIP Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 10 of 13 State __________________________________)§ County of _______________________________)§ _____________________, being duly sworn deposes and says that they are ______________ of the (Name) (Title) company submitting the foregoing form and related information; have read such documents; and that such documents are true and correct and contain no material misrepresentations; and that they are authorized to make this affidavit on behalf of the Partnership. (Signature) Signed and sworn to me before this day of , ,20 . (Notary Public) My commission expires: AFFIDAVIT FOR CORPORATION Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 11 of 13 State __________________________________)§ County of _______________________________)§ _____________________, being duly sworn deposes and says that they are ______________ of the (Name)(Title) Corporation submitting the foregoing form and related information; have read such documents; and that such documents are true and correct and contain no material misrepresentations; and that they are authorized to make this affidavit on behalf of the Corporation. (Signature) Signed and sworn to me before this day of ,,20 . (Notary Public) My commission expires: JOINT VENTURE STATEMENT 5/28/26 Notary Public) Missouri Clay 29 June 23 Patrick S. Vidonish Director Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 12 of 13 We the undersigned do hereby give notice to our agreement to propose as a joint venture on the Project and by submitting the foregoing form and related information; have read such documents; and that such documents are true and correct and contain no material misrepresentations. (Name of Joint Venture) (Name of Firm) (Signature) Signed and sworn to me before this day of , ,20 . (Notary Public) My commission expires: (Signature) Signed and sworn to me before this day of , ,20 . (Notary Public) My commission expires: Hurricane Creek Regional Water Reclamation SECTION 00 42 23 Facility & Temporary Treatment Facility PROPOSAL TRANSMITTAL FORM Kimley-Horn Project No: 064512911 Page 13 of 13 End of Section Hurricane Creek Regional Water Reclamation SECTION 00 42 23.02 Facility & Temporary Treatment Facility FORMS Kimley-Horn Project No: 064512911 Page 1 of 6 FORM 1 VENDOR COMPLIANCE TO STATE LAW Chapter 2252 of the Texas Government Code applies to the award of government contract to non - resident bidders. This law provides that: “a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.” “Nonresident Bidder” refers to a person who is not a resident of Texas “Resident Bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Check the statement that is correct for Bidder. [___] Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the statute is attached. [___] Non-resident bidders in (give state), our principal place of business, are not required to under bid resident bidders. [___] Our principal place of business or corporate offices are in the State of Texas. BIDDER: Company Name: (typed or printed) By: (Individual’s Signature) Doing Business As: Business Address: Phone: E-mail: X Missouri Garney Companies, Inc. Patrick S. Vidonish, Director Garney Construction 3360 FM 2933, McKinney, TX 75071 816.759.3944 pvidonish@garney.com Hurricane Creek Regional Water Reclamation SECTION 00 42 23.02 Facility & Temporary Treatment Facility FORMS Kimley-Horn Project No: 064512911 Page 2 of 6 FORM 2 None Hurricane Creek Regional Water Reclamation SECTION 00 42 23.02 Facility & Temporary Treatment Facility STATEMENT OF QUALIFICATIONS Kimley-Horn Project No: 064512911 Page 17 of 21 Patrick S. Vidonish, Director June 29, 2023 Hurricane Creek Regional Water Reclamation SECTION 00 42 23.02 Facility & Temporary Treatment Facility FORMS Kimley-Horn Project No: 064512911 Page 3 of 6 Arthur J. Gallagher Risk Management Services LLC M 415.546.9300 2121 N. California Blvd., Suite 350, Walnut Creek, CA 94596 F 415.536.8499 CA Lic # 0D69293 United States SOQ FORM 5 INSURANCE LETTER OF INTENT June 6, 2023 Todd Strouse, P.E. Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, TX 75069 RE: Request for Qualifications for the Construction Management at Risk – Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility. Dear Mr. Strouse: Garney Companies, Inc. (the “Proposer”) has submitted its Statement of Qualifications (“SOQ”) in response to the Request for Proposals (“RFP) for the Construction Management at Risk – Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility (the “Project”) issued by the City of Anna (the “Owner”) on October 29,2021. The RFP states the requirement that the selected Proposer will enter into the CMAR Agreement (the “Agreement”) to provide the Construction Management at Risk Services (the “Services”) as described in the RFP. The Insurance broker has reviewed both the Proposer’s SOQ and the RFP, including the proposed insurance requirements, which together will form the basis of the Proposer’s submittal. The Insurance broker hereby certifies that, if the Proposer is selected as the Construction Manager at Risk for the Project and for the execution of the Agreement and subject to the review and approval of the final terms and conditions of the Agreement, the Insurance broker hereby certifies that it intends to provide or broker all required insurance identified in the Agreement. Name of Insurance broker: Arthur J. Gallagher Risk Management Services, LLC Name of Designated Signatory: Aaron Cosgrove, CRIS, CLCS Title: Client Service Supervisor Signature: Form 3 Thomas J. Roberts, Corporate Secretary Section Two OVERALL PROJECT MANAGEMENT, EXECUTION APPROACH, & CONTRACTOR’S EXPERIENCE WITH SIMILAR WORK I worked with Garney, the selected CMAR for the project, for several years through the design and construction of the Southwest Wastewater Reclamation Facility located in North Port, FL. From the beginning of the project, the collaborative nature of Garney’s staff was honest and insightful. This collaboration led to a clear and transparent GMP and a more cost effective, constructable set of plans. During construction, Garney’s staff was highly communicative, responsive, and flexible which allowed all parties to act as a team ultimately protecting the owners interests. Their staff was consistently knowledgeable and worked to openly collaborate through unforeseen conditions to minimize impacts to the project cost and schedule. This collaboration extended through the final commissioning of the treatment plant with their staff going the extra mile to assist with equipment training supplemental to the manufacturers services. The experience of working with Garney was a testament to their professionalism an skill and I look forward to any opportunity to work with them again in the future. Steve Romano, PE, Vice President | Kimley-Horn Southwest Wastewater Reclamation Facility (CMAR) 2-1 SECTION 2 OVERALL PROJECT MANAGEMENT, EXECUTION APPROACH, & CONTRACTOR’S EXPERIENCE WITH SIMILAR WORK OVERALL PROJECT MANAGEMENT AND EXECUTION APPROACH The way we organize our team for this project, which we have a successful track record of implementing, is designed to ensure project success from start to finish. We believe in involving every member of our CMAR team in the project, starting from the preconstruction phase until its completion. What sets our team apart is the extensive experience in CMAR and their ability to collaborate effectively. They have previously worked together and gained a deep understanding of how to develop, manage, and deliver successful outcomes. Our organizational structure strategically positions team members in areas where they excel, guaranteeing that each member plays a crucial role and is personally committed to the success of the project. This approach promotes continuity and builds strong relationships between the City, Kimley-Horn, and our team members. Over time, these relationships strengthen, enabling seamless communication and enhanced collaboration throughout the project. Through our years of experience, we have found that this integration and close collaboration bring the greatest value and ensure overall project success. Our approach not only delivers tangible benefits but also establishes trust and confidence among all stakeholders involved. Our management structure and reporting relationships, is shown on the organizational chart in this section. It illustrates how we have structured our team to maximize efficiency and facilitate effective decision-making throughout the project's lifecycle. This chart provides a visual representation of how our team will be organized, including the expected time dedication of each key personnel and alternate staff. Additionally, the chart covers the critical support elements necessary for a successful and safe project, ensuring that it stays on schedule and within budget. ABOUT GARNEY Since 1961, Garney has specialized in water and wastewater infrastructure, focusing on treatment facilities, water piping systems, pump stations, and storage tanks. With extensive experience serving the public, private, federal, and industrial sectors, we have built a renowned reputation based on unmatched expertise, quality, and safety. As a 100% employee-owned firm, our ownership structure sets us apart from the competition, driving our team to work harder and smarter to ensure the highest level of project safety and quality. At Garney, your success is our success, motivating our dedicated employee-owners to go the extra mile. For over two decades, Garney has made collaborative delivery projects a central aspect of our expertise, resulting in $10 billion in contracts. Our track record includes the successful completion of 530 collaborative delivery projects. OVER 85% OF OUR ONGOING WORK IS DELIVERED VIA COLLABORATIVE DELIVERY METHODS. By leveraging collaborative delivery approaches and our self-performance capabilities we ensure our clients reap numerous advantages. These include: L Enhanced Efficiency: Through our collaborative delivery expertise, we streamline project timelines and optimize resource allocation, ensuring projects are completed on schedule. L Value Maximization: Our methods focus on maximizing project value by optimizing costs, ensuring that every dollar invested generates maximum efficiency and return. L Quality Excellence: We consistently deliver exceptional quality through collaborative decision- making and integrating diverse expertise. L Risk Mitigation: By involving stakeholders early on, we identify and address potential challenges, ensuring smooth execution. L Innovation and Flexibility: Our customer- focused approach encourages innovation and adaptability, allowing us to create solutions that address evolving project needs. 2-2 ORGANIZATIONAL CHART LEGEND KEY PERSONNEL ALTERNATE PERSONNEL LOCAL PERSONNEL Our proposed team of CMAR experts will be involved from preconstruction through construction for a seamless transition between phases, ensuring construction is implemented as planned. In addition to key personnel, we have also provided an alternate individuals to ensure the project is adequately resourced. The anticipated percentage of time commitment is also shown for each key personnel, named staff members, and positions involved in the project. WE ARE A RESOURCE-LOADED, BOOTS-ON-THE-GROUND LOCAL TEAM COMMITTED TO THE SUCCESS OF THE HCRWRF & TTF PROJECT. XX% XX% PRECONSTRUCTION PERCENTAGE CONSTRUCTION PERCENTAGE PRECONSTRUCTION AND CONSTRUCTION PRECONSTRUCTION SERVICES MANAGER / PROJECT MANAGER CHIEF ESTIMATOR SAFETY MANAGER ALTERNATE: ISRAEL MORENO, CSP ASP SENIOR PROJECT MANAGER ALTERNATE: BART SLAYMAKER ALTERNATE: ERNESTO MOHLER PATRICK VIDONISH, DBIA DIRECTOR QUALITY CONTROL MANAGER COMMISSIONING & START-UP MANAGER / PROJECT MANAGER SENIOR PROJECT SUPERINTENDENT ISRAEL DUCOING, CSHO, SSH 10% 10% 25% 25% 25% MARK MINER JIM HARRIS 100% 75% 100% ALTERNATE: ROBERT TEWELLALTERNATE: BRET CRANDALL ALTERNATE: CHAD HULAN ALTERNATE: AUSTIN SETTER JAMES ROBERTSBRYAN CLARK DAVID FARKAS, DBIA JEREMY MILLER 25% 50% 100% 25% 100% 100% 100% 5% 2-3 MARK MINER SENIOR PROJECT MANAGER With extensive experience in completing large-scale CMAR projects in Texas for NTMWD, totaling over $800 million, Mark ensures efficient risk management, schedule adherence, and budget control. As the primary point of contact, supported by Bryan, the Preconstruction Manager and Project Manager, he enables a seamless transition between phases focusing on the critical path. Collaborating with the City and Kimley-Horn, Mark will leverage his CMAR experience to manage contracts, costs, and schedules while prioritizing safety and quality. PATRICK VIDONISH DIRECTOR As Project Director Patrick, brings extensive expertise in water/wastewater projects for the municipal and federal sectors. With 17 years of experience and successfully leading 38 projects totaling $1.2 billion, Patrick excels in delivering projects on time while minimizing risks. His skills in VE, contract negotiations, estimating, budgeting, procurement, scheduling, and facility startup ensure maximum value for clients. Additionally, as a certified Design-Build Professional, Patrick leverages his knowledge to optimize project outcomes. BRYAN CLARK PRECONSTRUCTION SERVICES MANAGER / PROJECT MANAGER With extensive experience in water/wastewater projects totaling over $700 million, including CMAR, Bryan will play a crucial role in ensuring a seamless transition between phases. As the main contact in preconstruction, Bryan will develop and execute the procurement plan, identify contractual requirements, and prioritize schedule and budget through constructability reviews with the City and Kimley-Horn. His team will monitor costs, schedule, and provide updates to the City. Together with Mark, he will facilitate a smooth transition from preconstruction to construction. DAVID FARKAS CHIEF ESTIMATOR With experience on 76 water/wastewater projects totaling $2.8 billion, including significant projects for NTMWD in Texas, David's expertise is invaluable during preconstruction. He coordinates estimating efforts, bid reviews, scoping of supplier/subcontractor bids, and VE meetings, collaborating with the City, Kimley-Horn, and subcontractors. David prepares conceptual budgets, develops bid package solicitations, and contributes to the Guaranteed Maximum Price (GMP) in collaboration with Mark. He will remain engaged as needed during the construction phase. KEY FUNCTIONAL ROLES AND SERVICES OF CMAR TEAM 17 YEARS 17 YEARS Time at Garney:Time in Industry: Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Plant City Water Reclamation Facility Expansion (CMAR) 10 YEARS 16 YEARS Time at Garney:Time in Industry: Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) 13 YEARS 16 YEARS Time at Garney:Time in Industry: Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Wakarusa Wastewater Treatment Plant & Conveyance Corridor 18 YEARS 26 YEARS Time at Garney:Time in Industry: = Individual Project Details on page 2-6 CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) We have featured a description of the key functions, roles, and services provided by Garney's CMAR team. In addition, project experience for each team member is showcased, highlighting their qualifications. With their expertise and familiarity with CMAR methodology, this team is uniquely qualified to meet your project's needs. 2-4 JAMES ROBERTS SENIOR PROJECT SUPERINTENDENT James will provide constructability input during the preconstruction phase and oversee field work throughout the construction process. His responsibilities include ensuring safety, quality, and adherence to the schedule for all scopes of work. He will collaborate closely with Kimley-Horn to maintain effective site communication and construction continuity. Additionally, James will lead the project team during start-up and commissioning, leveraging his extensive experience in managing CMAR water/wastewater projects valued at over $500 million. JEREMY MILLER COMMISSIONING AND START-UP MANAGER / PROJECT MANAGER Jeremy, with vast experience exceeding over $1 billion in water/wastewater construction projects, will organize and oversee the start-up and commissioning process. As the Key Commissioning and Start-Up Manager / Project Manager, he possesses in-depth knowledge of all system components, ensuring a comprehensive understanding of commissioning procedures. Jeremy will collaborate closely with Mark Miner and Jim Harris to ensure that the system's start-up adheres to rigorous quality and technical standards. ISRAEL DUCOING SAFETY MANAGER Israel will take charge of overseeing site safety for the project, from developing the site-specific safety plan during preconstruction to its implementation throughout construction. He will coordinate with suppliers and subcontractors to ensure strict adherence to the safety plan's standards. Just as we hold ourselves to high safety standards, Israel will uphold the same expectations for our suppliers and subcontractors. JIM HARRIS QUALITY CONTROL MANAGER Jim is a seasoned professional with extensive experience overseeing quality control on large CMAR projects in Texas, including projects valued at over $500 million for NTMWD. For this project, Jim will be responsible for developing the quality control plan during the preconstruction phase. Collaborating closely with Mark, he will meticulously organize all aspects of the project into a site-specific plan that will guide the efforts of the Garney CMAR team. Additionally, Jim will oversee the smooth flow of documents from contractors and suppliers, ensuring their accurate and timely submission to Kimley-Horn. 4 YEARS 45 YEARS Time at Garney:Time in Industry: Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) 1 YEAR 11 YEAR Time at Garney:Time in Industry: Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) 6 YEARS 24 YEARS Time at Garney:Time in Industry: Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Trinity River Main Stem Pump Station & Pipeline (CMAR) 4 YEARS 18 YEARS Time at Garney:Time in Industry: Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Vista Ridge Water Supply Project (Design-Build) = Individual Project Details on page 2-6 CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE 2-5 SUMMARY OF ALTERNATE KEY PERSONNEL BART SLAYMAKER Alternate Project Manager Time at Garney: 13 YEARS Time in Industry: 32 YEARS Q Experience managing multiple water and wastewater infrastructure construction projects in Texas, including collaborative delivery, ensuring compliance with Garney's established systems for cost controls, material procurement, shop drawings, pay estimates, subcontractor coordination, safety, and quality control Q Excels at coordinating with owners and engineers, monitoring progress of work, and maintaining strong lines of communication with the bid package contractors to ensure quality work BRET CRANDALL Alternate Preconstruction Services Manager Time at Garney: 13 YEARS Time in Industry: 16 YEARS Q Deep understanding of project coordination, scheduling, material procurement, and startup and testing of new systems allow him to deliver strategic insights and innovative solutions during preconstruction that optimize project outcomes, ultimately enhancing client satisfaction and project success Q Extensive and diverse experience at Garney across various positions within project teams has uniquely equipped him to excel in preconstruction services including experience on major projects like the Bois d'Arc Lake and Sister Grove CMAR projects for NTMWD CHAD HULAD Alternate Chief Estimator Time at Garney: 12 YEARS Time in Industry: 29 YEARS Q Vast experience in water and wastewater projects: Chad has successfully worked on and estimated water and wastewater treatment plants, pump stations, and industrial projects of all sizes across including the Wolcott WWTP CMAR and the Cherokee TDS Reduction Facility project Q Exceptional expertise lies in managing the review and scoping of supplier/subcontractor bids, facilitating value engineering, and conducting bid turnover meetings, allowing him to consistently deliver projects within budget and meet aggressive schedules for water and wastewater treatment plants, pump stations, and industrial projects ROBERT TEWELL Alternate Project Superintendent Time at Garney: 2 YEARS Time in Industry: 50 YEARS Q 50 years of construction industry experience, including notable projects like the Bois d'Arc Lake and Sister Grove CMAR projects for NTMWD, showcasing expertise in overseeing complex construction operations, coordinating diverse teams, and ensuring timely project delivery Q Skilled Senior Superintendent adept at overseeing complex construction operations, including crew scheduling, budget monitoring, and effective communication with engineers, owners, and field personnel, resulting in successful project execution AUSTIN SETTER Alternate Commissioning and Start-Up Manager Time at Garney: 5 YEARS Time in Industry: 15 YEARS Q With involvement in the electrical field since 2008, specializing in water treatment, corn ethanol facilities, commercial buildings, and warehouses, Austin has worked on major projects like the Bois d'Arc Lake and Sister Grove CMAR projects for NTMWD, gaining hands-on experience with various electrical components and systems Q Background and experience in instrumentation and controls, start-up, and troubleshooting equip him to support electrical contractors effectively, ensuring seamless project execution ISRAEL MORENO, CSP Alternate Safety Manager Time at Garney: 4 YEARS Time in Industry: 21 YEARS Q Extensive safety management expertise, with over two decades of experience in water/wastewater treatment, pump station construction, and project management, Israel ensures compliance with OSHA standards and project- specific requirements on major projects like the Bois d'Arc Lake and Sister Grove CMAR projects for NTMWD Q Experience conducting regular safety inspections, reviews subcontractors' hazard analyses, job safety analyses, incident reports, and daily safety forms, fostering effective communication with clients and subcontractors while promptly addressing safety concerns ERNESTO MOHLER Alternate Quality Control Manager Time at Garney: 2 YEARS Time in Industry: 8 YEARS Q Extensive experience in wastewater and lift station projects with a solid background in the construction industry since 2015 Q Strong proficiency in quality control management including his experience on the Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) project for NTMWD which highlights his expertise in ensuring rigorous quality control = Individual Project Details on page 2-6RELEVANT QUALIFICATIONS PROJECT EXPERIENCE Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Wakarusa Wastewater Treatment Plant & Conveyance Corridor Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Bois d'Arc Lake - Water Treatment Plant and Pump Stations Project (CMAR) Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) In addition to our highly qualified team of CMAR experts, we have taken proactive measures to ensure the project's success by providing a deep bench of alternate personnel. Recognizing the importance of seamless project management, we have identified a pool of capable professionals who can step in if needed. These alternates, carefully selected based on their qualifications and experience, will maintain the same level of expertise and commitment as the key personnel highlighted in our organizational chart. With this robust backup team in place, we are fully prepared to address any unforeseen circumstances and maintain project momentum without compromising on quality or timelines. CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE CMAREXPERIENCE Cherokee TDS Reduction Facility (Progressive Design-Build) Wolcott Wastewater Treatment Plant Expansion (CMAR) 2-6 Construction of a new 16 MGD WWTF, a gravity sewer outfall for the discharge of the treated effluent, a new sewer lift station, and twin, parallel sewer force main pipelines from an existing lift station to the SGRWRRF. The plant will include liquid treatment process facilities, preliminary treatment facilities, secondary treatment, tertiary treatment filtration, UV, solids handling, peak flow handling, and plant operations support facilities. MCKINNEY, TX CMAR $356M Sister Grove Regional Water Resource Recovery Facility, Phase 1 Construction of a new 2 MGD WWTP that replaced an aging 0.3 MGD plant consisting of chemical feed facilities, aeration basins with diffusers, aeration blowers, submersible mixers, UV disinfection, headworks, influent pump station, odor control system, and concrete outlet structure. Additional work included the construction of a 5 MG earthen storage reservoir, electrical, manholes, paving, the installation of 2,517 LF of 2" to 30" process pipe, 360 LF of 18" and 30" DIP sanitary gravity and force main, and 800 LF of 2" HDPE gas pipe. KANSAS CITY, KS CMAR $37M Wolcott Wastewater Treatment Plant Expansion Included construction of aeration and anoxic basins, final clarifiers, RAS / WAS pump station, filter addition, chlorine contact basins, sodium hypochlorite feed system, ground storage tank, blower building, and administration building. PLANT CITY, FL CMAR $55M Plant City Water Reclamation Facility Expansion A new metal building housing an RO and pressure membrane ultrafiltration system, evaporation ponds, headworks structure, grit basin, and modifications to the existing SBR basins consisted of removing the existing diffusers and replacing them with MBR. The MBR basins also received two waste recirculation pumps and submersible mixers. Included a chemical storage building and feed system, stormwater detention basin outlet structure, and HDPE discharge piping. A 3 MGD bypass was used to keep the plant in operation. COLORADO SPRINGS, CO PDB $42M Cherokee TDS Reduction Facility INDIVIDUAL PROJECT DETAILS Pre-construction, procurement, and construction services for a water treatment plant with ultimate capacity of 280 MGD, two 70 MGD pump stations, a storage tank, and water and sewer pipelines. Included deep excavations, electrical, and paving. LEONARD, TX CMAR $431M Bois d'Arc Lake - Water Treatment Plant and Pump Stations FEATURED PROJECT #1 CMAR project that included a 100 MGD intake, pump station with horizontal split case pumps, 87,000 LF of 72" raw water pipeline, upgrades to existing pumping facilities with vertical turbine pumps, micro-tunnel to the Trinity River with T-screen intake, access road, bank stabilization, weir box structure, electrical, SCADA, and communications infrastructure. ROSSER, TX CMAR $103M Trinity River Main Stem Pump Station & Pipeline FEATURED PROJECT #3 New 14 MGD wastewater treatment facility with headworks facility, BNR flow splitter box, two BNR basins, final clarifier flow splitter box, two 95' clarifiers, final sludge pumping station, chemical storage and feed building, UV flow meter structure, UV disinfection building, 5 MG peak flow storage basin, solids thickening facility, liquid sludge application, combined pumping station, plant-wide control system, electrical service, and interceptor sewer lines. LAWRENCE, KS $45M Wakarusa Wastewater Treatment Plant & Conveyance Corridor FEATURED PROJECT #4 Installation of 142 miles of water transmission pipelines including 60" spiral-welded and mortar-lined C200 steel and 54" bar-wrapped C303, three 44 MGD pump stations, one cooling tower, a new wellfield with eighteen wells, seven miles of well collection lines, three 4 MG D110 Type III tanks, and one 10 MG D110 Type III tank, all to deliver 50,000-acre-feet of water per year. SAN ANTONIO, TX DB $540M Vista Ridge Water Supply Project FEATURED PROJECT #2 2-7 YOUR IDEAL CMAR PARTNER SAMPLE OF TEXAS COLLABORATIVE DELIVERY PROJECTS PROJECT NAME STATE VALUE DELIVERY METHOD Vista Ridge Water Supply Project TX $540M DB Bois d'Arc Lake - Water Treatment Plant and Pump Stations TX $431M CMAR Sister Grove Regional Water Resource Recovery Facility, Phase 1 TX $356M CMAR Lake Texoma Outfall to Wylie WTP Pipeline TX $281M CMAR T-Bar Ranch Well Field Development & Delivery Project TX $157M DB Trinity River Main Stem Pump Station & Pipeline TX $103M CMAR Cross County 30-Inch Transmission Line and High Service Pump Station TX $42M DB PK Second Stage Drought Strategy - Transmission System TX $38M CMAR Well Field Expansion and Water System Upgrades TX $29M CMAR T-Bar Extension TX $25M DB ClearWater Ranch Development & Delivery Project TX $24M CMAR Here’s what more than four decades in Texas looks like: Garney leads the industry in collaborative delivery of water and wastewater infrastructure, with 290 CMAR projects totaling $5.9 billion in value. In Texas alone, we have successfully completed 22 CMAR projects valued at $1.8 billion. A sampling of our local projects is shown below. LEADING THE WAY IN CMAR PROJECTS IN TEXAS 22 CMAR PROJECTS IN TEXAS 1ST CMAR PROJECT COMPLETED IN TEXAS $1.8B IN TEXAS CMAR PROJECTS 154 PROJECTS IN TEXAS WE ARE A TEAM THAT ACHIEVES RESULTS TOGETHER. Collectively the team members proposed on this project have collaborated on several local projects. As the nation’s largest self-performing contractor in the water/ wastewater industry, we offer the following benefits: EXPERIENCED TEAM Our team members have worked together on similar CMAR projects in Texas, including the Sister Grove Water Resources project and the Bois d'Arc Lake project. STRONG RELATIONSHIPS We have established positive working relationships, ensuring effective communication and collaboration. EFFICIENT WORKFLOWS Our team's synergy allows for streamlined processes and aligned expectations, maximizing productivity. PROJECT SPOTLIGHT Q Local CMAR WRF project in McKinney, TX Q Proposed personnel involvement Q Construction of a new 16 MGD WWTF Q New sewer lift station Q Liquid treatment process facilities Q Preliminary treatment facilities Q Secondary treatment Q Tertiary treatment filtration Q UV Q Solids handling Q Peak flow handling Q Plant operations support facilities Sister Grove Regional Water Resource Recovery Facility, Phase 1 (CMAR) 2-8 DIVERSE WATER / WASTEWATER PROJECT EXPERIENCE Garney brings extensive experience needed to meet the City's project requirements, placing a strong emphasis on adhering to schedules and addressing key project needs. Our track record speaks for itself, as we have successfully completed similar projects in the past. This positions us well to tackle the challenge of constructing the 4 MGD AADF domestic WRF and the 0.50 MGD AADF domestic TWRF. We understand the complexities involved in meeting effluent requirements and ensuring the smooth operation of water reclamation facilities. Our expertise extends to various aspects, including constructing influent lift stations, MBR systems, electrical systems, and site civil work. We have a deep understanding of the challenges and intricacies associated with these projects, and we are confident that we will exceed expectations. We will closely collaborate with the City and Kimley- Horn to seamlessly integrate our experience and capabilities into the design and construction phases. We will build upon the 60% completion of the preliminary design for the 4 MGD WRF and the 100% completion of the 0.5 MGD TWRF. With our strong position in the local market and proven expertise, we are well-equipped to ensure a successful project outcome that meets the City's requirements while adhering to the schedule and minimizing disruptions. With 568 plant projects totaling $8.1 billion under our belt, we know how to seamlessly integrate new systems into existing infrastructure. Our success lies in working closely with clients and using collaborative delivery methods. We specialize in CMAR, Progressive Design-Build, and Design-Build, offering a wide range of expertise. As the top contractor in this field, our reputation and experience extend beyond Texas to the entire nation. IN THE FOLLOWING PAGES, WE HAVE HIGHLIGHTED FOUR RELEVANT EXAMPLES OF OUR WORK, DEMONSTRATING HOW THEY RELATE TO THE HCRWRF & TTF PROJECT. WATER. IT’S ALL WE DO ENR RANKS US TOP 10 IN ALL WATER CATEGORIES Our expertise in the water market has given us a thorough understanding of the processes involved and a strong relationship with technology and equipment manufacturers. These established connections benefit our clients by providing us with buying power, ensuring accurate market prices, and securing preferred delivery deadlines. As a result, we can meet your project's completion dates effectively. Our exceptional experience has positioned Garney as a leader in water and wastewater treatment. This recognition is reflected in our top industry rankings, showcasing our dedication to delivering high-quality solutions. B. PROPOSER QUALIFICATIONS AND EXPERIENCE EXPERIENCE WITH KIMLEY-HORN In the past ten years, Garney has worked closely with Kimley-Horn on twelve water and wastewater projects, exceeding a total value of $150 million. This extensive experience demonstrates our track record of successful collaborations in various states like Texas, Florida, Georgia, Virginia, and Colorado. Currently, we are actively engaged in the Alliance Regional Water Authority's Phase 1B Water Infrastructure Program in Central TX, with Garney being chosen for three out of six advertised projects. Our partnership brings valuable expertise and a proven ability to deliver exceptional results for the City. 2-9 The Bois d'Arc Lake project is a critical component in the region’s long-range water supply plan. This new source provides needed water to meet growing demands and enable the District to maximize its existing water supplies. Garney was selected as the CMAR for pre-construction, procurement, and construction services for a water treatment plant (WTP) and two pump stations. The WTP has the ultimate capacity of 280 MGD with an initial capacity of 70 MGD (finished water production) and includes two 70 MGD pump stations, a pre-treatment structure, SUEZ ozone facilities, conventional filtration, chlorine contact basin and 9 MG clearwell, gravity thickeners, sludge lagoons, reclaim basin flow splitter and pump station, 1 MG D110 Type III water storage tank for filter backwash and fire suppression, water and sewer pipelines, as well as a centrifugal raw water pump station including three 250 hp pumps with a capacity of 175 MGD. The water source for the initial phase will be the Bois d’Arc Lake. Construction included deep excavations, electrical, and paving. The project required public relations including community meetings, press releases, and a project blog. START DATE November 2016 COMPLETION DATE April 2023 BID PRICE OR GMP $431,922,374 FINAL PRICE $431,922,374 CLIENT CONTACT Aliza Caraballo, P.E. NTMWD acaraballo@ntmwd.com KEY / ALTERNATE PERSONNEL INVOLVED Mark Miner, Senior Project Manager Bart Slaymaker, Senior Project Manager Jim Harris, Project Manager David Farkas, Senior Estimator Jeremy Miller, Electrical I&C Manager Austin Setter, Superintendent James Roberts, Superintendent Robert Tewell , Superintendent Israel Moreno, Safety Manager PROJECT #1 BOIS D’ARC LAKE - WATER TREATMENT PLANT AND PUMP STATIONS PROJECT North Texas Municipal Water District | Leonard, TX This project, designed and constructed for Central Texas Regional Water Supply Corporation, included the installation of potable water transmission pipelines consisting of 105 miles (556,000 LF) of 60" spiral-welded and mortar-lined C200 steel and 37 miles (193,760 LF) of 54" bar-wrapped C303 concrete cylinder pipe, three pump stations with rated capacities of 44 MGD each, one cooling tower, a new wellfield including nine well sites and eighteen production wells from 1,500' to 2,500' deep, seven miles of well collection lines, three 4 MG D110 Type III aboveground concrete tanks, and one 10 MG D110 Type III aboveground concrete terminus site tank, all to deliver 50,000-acre-feet of water per year. The alignment included 105 different tunnels under roadways and three river crossings using hand-mined and boring machine tunneling methods. START DATE November 2016 COMPLETION DATE April 2021 BID PRICE OR GMP $540,000,000 FINAL PRICE $540,000,000 CLIENT CONTACT Mark Rose Central Texas Regional Water Supply Corporation mrosetx@gmail.com Jeremy Miller, Assistant Project Manager David Farkas, Senior Estimator PROJECT #2 VISTA RIDGE WATER SUPPLY PROJECT Central Texas Regional Water Supply Corporation | San Antonio, TX CMAR DB KEY / ALTERNATE PERSONNEL INVOLVED Bret Crandall, Scheduler 2-10 This CMAR project included the construction of a 100 MGD intake on the Trinity River to receive water from the Trinity River and transmit raw water from the Main Stem pump station to the wetlands and conveyance pump station facilities near Crandall, Texas. The project also included constructing the 100 MGD Main Stem pump station facility with four 1,500 hp horizontal centrifugal pumps that required dewatering, installing two 48" micro-tunnels to the Trinity River with a T-screen intake inside a cofferdam comprised of sheet piling inserted at 30 VF deep, construction of earthen flood protection berms over 2,500 CY surrounding the pump station to protect the pump station from river flood events, building an access road to the intake site, and stabilizing the bank. Additional upgrades included installing two new 3,500 hp raw water vertical turbine pumps at the 200 MGD conveyance pump station, upgrades to the weir box structure at a diversion pump station, new electrical, and SCADA. Also included 86,821 LF of 72" C200 spiral weld polyurethane-coated mortar-lined steel raw water pipeline, in-line valves, air release valves, and blowoff valves, and required several tunneled crossings. START DATE October 2016 COMPLETION DATE October 2019 BID PRICE OR GMP $107,634,931 FINAL PRICE $103,509,665 CLIENT CONTACT Cesar Baptista, P.E. NTMWD cbaptista@ntmwd.com James Roberts, Civil Superintendent Bret Crandall, Estimator David Farkas, Senior Estimator PROJECT #3 TRINITY RIVER MAIN STEM PUMP STATION & PIPELINE North Texas Municipal Water District | Rosser, TX This new 14 MGD wastewater treatment facility included a headworks facility, BNR flow splitter box, BNR basins, final clarifier flow splitter box, two 95' clarifiers, final sludge pumping station, chemical storage and feed building, UV flow meter structure, UV disinfection building, grit facilities, treated effluent structure, 5 MG peak flow storage basin, solids thickening facility, combined pumping station, administration building, plant-wide control system, electrical service for power distribution and lighting of new facilities, lightning protection including a PV ground mount system, vehicle storage and maintenance building, and all site work. Work on Pump Station #10 included interceptor sewers including 16" to 54" DIP, FRP, and PVC, a flow diversion structure, and pump station facility, all in a narrow work area near an existing church. The project also included expanding and renovating an administration building at the existing Kansas River WWTP, replacement of mechanisms in two final clarifiers, 4 MGD of bypass pumping, seven deep excavations ranging from 20 to 41 VF, dewatering of groundwater for the deep excavations, and the installation of twenty-two 60" manholes. START DATE June 2015 COMPLETION DATE May 2018 BID PRICE OR GMP $45,201,000 FINAL PRICE $45,073,789 CLIENT CONTACT Melinda Harger, P.E. City of Lawrence, KS mharger@lawrenceks.org Bart Slaymaker, Senior Project Manager Bret Crandall, Project Manager David Farkas, Senior Estimator Bryan Clark, Project Engineer PROJECT #4 WAKARUSA WASTEWATER TREATMENT PLANT & CONVEYANCE CORRIDOR City of Lawrence | Lawrence, KS CMAR KEY / ALTERNATE PERSONNEL INVOLVED KEY / ALTERNATE PERSONNEL INVOLVED Section Three PRECONSTRUCTION AND PROCUREMENT SERVICES PLAN Garney proved to be a vital partner in working with our design team through the preconstruction services to deliver us a GMP that was within budget, without compromising the quality of our plant. Although Garney faced a number of hurdles, they always kept the needs of the City first and worked diligently to meet the project budget and timelines. Mike Adams, Executive Director of Engineering and Utilities City of Midlothian, TX Water Treatment Plant No. 2 Phase II (CMAR) 3-1 PRECONSTRUCTION: PROJECT TEAMING Communication is one of the many critical elements of a successful CMAR project. The main project team for this project will consist of Garney, the City of Anna and Kimley-Horn. Building strong relationships and promoting effective communication will be crucial for seamless progress through preconstruction, procurement, construction, and start-up phases. Garney will use its collaborative CMAR project execution processes and systematic approach to team communications. This involves organizing a project kick-off meeting and multiple partnering sessions, where all key personnel from Garney, the City of Anna, and Kimley-Horn's teams will be strongly encouraged to attend. This includes decision makers, discipline leads, and major stakeholders from each team. SECTION 3 PRECONSTRUCTION AND PROCUREMENT SERVICES PLAN Developing this environment early in the project will prove to be a benefit throughout the project, preparing the teams to be able to work through any upcoming project challenges quickly and effectively. Following kickoff and partnering meetings, Garney will schedule and manage regular progress meetings with the teams. The details of these progress meetings will be discussed at the project kickoff meeting, and frequency and agenda for these meetings will be defined by the project team, so all team members will find the meetings productive and effective. These meetings will likely evolve over time as the designs progress and the project moves through the different phases. CONSTRUCTABILITY REVIEW During the preconstruction phase, the project team will establish a schedule of team meetings and determine which team members should attend. These meetings will be held regularly to monitor: A Budget A Risk A Design Progress A VE A Critical project components A Decisions L This approach ensures that the entire team is informed about the design evolution and can provide input from their respective roles. THE FOCUS OF THE PROJECT KICK-OFF MEETING WILL BE TO: A Establish baseline expectations A Review project background and design approach A Discuss past program successes and upcoming challenges A Explore alternate considerations A Identify and map out process workflows and critical touch points for project controls A Discuss schedules and processes for design deliverables A Establish regular meeting schedules A Review CMAR process: »Preconstruction »Value Engineering »Constructability reviews »CMAR cost deliverables »Procurement activities »Anticipated work packages »Contractor outreach »Bidding requirements »Bid evaluations and scoring »Guaranteed Maximum Price (GMP) development »Other relevant topics The partnering sessions aim to foster effective communication and enhance understanding of each team's organizational structure and individual roles on the project. These sessions also promote the development of trusting relationships among team members. By taking the time to learn more about each other's teams and building personal connections, we can expedite the creation of a collaborative and communicative environment. 3-2 Additionally, Garney will participate in special design review meetings with specific disciplines as required, offering constructability feedback and cost analysis on various options being considered by Kimley-Horn. To ensure comprehensive planning, the project team will conduct a workshop-style review of the design documents, considering both phases simultaneously. Leveraging Garney's expertise in construction, the team will analyze each step of the work in detail and assess how different areas could impact one another. Garney's experience in water/wastewater equips us with valuable knowledge of effective construction techniques and materials. As part of the Garney – Kimley-Horn – City of Anna project team, we will have access to the most relevant information when making decisions about incorporating products and services into the project. The first step is to compare the infrastructure needs of both phases to identify opportunities for dual-use features, maximizing the value of each completed element. Garney will evaluate the 100% Temporary Plant documents and propose options to integrate Hurricane Creek construction into the initial bid packages. We appreciate the value of 100% Contract Documents and understand that major changes could lead to extensive redesigns or delays in procuring the schedule-critical Temporary Facility. While the review of the Temporary Facility progresses, the 60% Hurricane Creek design will be concurrently reviewed, although on different schedules. Once the project team agrees on the final approach for the Temporary Facility, the estimate will be finalized, and procurement activities will commence. The Garney team, in close coordination with the City and Kimley-Horn, will conduct a comprehensive review of the Hurricane Creek Facility. This review will cover cost, constructability, quality, schedule, and industry insights, as expected from a CMAR. It will be based on ongoing collaboration initiated during the kick-off meetings and partnering sessions. We will start by examining the process and instrumentation drawings, identifying potential alternatives and evaluating associated concerns, if any. A designated champion will research and track options related to specific topics, which will be presented to the group for consideration as progress is made. From there, we look at civil and structural features for construction feasibility and how they impact adjacent work. We will consider the geotechnical report in conjunction with the earthwork, piping and foundation elements to identify potential issues before they impact the construction effort. We will seek labor and time-intensive activities and work with the team to produce cost-effective alternatives. Once the group is comfortable with the excavation and concrete design, we will integrate the process equipment and piping to evaluate potential conflicts and provide suggestions for resolution. L Garney's approach to design review and constructability will prioritize constructive and productive feedback, recognizing the deliberate decision-making process of the design team and their commitment to meeting project needs. VALUE ENGINEERING Garney recognizes the importance of VE and looks forward to holding VE workshops in collaboration with the City and Kimley-Horn. In these workshops we will analyze and evaluate potential value-added ideas in construction methods, materials, schedule reduction, and alternative design options. We have found this process to be highly beneficial. VE ideas will be documented in the Project Issues Log (PIL) and thoroughly analyzed and evaluated during the VE process. By fostering collaboration and engaging our experienced team, we will strive to identify innovative solutions, cost-saving opportunities, and schedule efficiencies. L VALUE ENGINEERING SUCCESS One notable example of a VE success was during the Lower Bois d'Arc CMAR project. Initially, the design called for the purchase of crushed rock/ road base for all roads and backfill for all facilities. However, through diligent tracking and analysis, we discovered an alternative option. We found that treating the native soil with lime could create a structurally sound fill material. We shared this VE idea with the team's geotechnical engineer, who accepted it. As a result, we were able to save $4.8 million by avoiding the need to purchase additional materials. 3-3 ESTIMATE DEVELOPMENT Once the contract is finalized, we will create an initial CMAR estimate based on the available design information. Our estimate development involves leveraging our team's experience on similar projects and reaching out to our extensive network of trusted manufacturers, suppliers, and contractors. We gather multiple data points for each equipment type, scope of work, and key materials. After conducting an internal peer-review of our initial estimate, we will provide a document that outlines the detailed estimate costs and the assumptions made. We will collaboratively review this list with the City and the design teams to confirm our work and assumptions. This transparent approach to estimating will continue throughout the project. As the design progresses, we will update the CMAR estimate at key design milestones and provide it alongside other design deliverables. CONTRACT DOCUMENTS DEVELOPMENT Bryan Clark, with support from Mark Miner, will develop comprehensive Contract Documents that consider design intent, compatible materials, risk mitigation, construction standards, best practices, and cost information. Working with the project drawings and utilizing our knowledge of the water/ wastewater construction market, we will collaborate with Kimley-Horn to develop specifications and final drawings that complement each other and align with available products, methods, industry trends, and standard practices. We will also seek feedback from our industry partners to address project-specific concerns and proactively solve problems before they impact the program. SCHEDULE DEVELOPMENT To effectively manage the project, we will utilize the Critical Path Method (CPM) scheduling, which breaks down the project into individual tasks or activities and determines their sequence and duration. We will develop and maintain a CPM schedule that complies with the contractual requirements and ensures timely delivery. The schedule will be organized in a way that clearly communicates the project status, identifies critical milestones, and defines a logical path. Garney's approach to scheduling goes beyond the contractual obligations to support the Garney CMAR team, City staff, and engineering teams in planning and executing activities with clarity. We will collaborate with the engineering teams to incorporate their design schedules into the CPM schedule, enabling early planning for work packages and design reviews. The CPM schedule will be regularly updated and shared with the project team, and upon completing key design milestones, such as 60%, 90%, and 100% design, we will update the schedule accordingly. The schedule will integrate coordination milestones with adjacent contractors and utility providers to maximize usability for the City. CHANGE MANAGEMENT With our experience in handling large-scale projects, we understand that changes can occur, especially in projects of this size and complexity. We approach changes in an open and transparent manner. Each change will be discussed with the entire project team, and we will collaborate internally and with subcontractors to implement changes that provide the best value for the City. We proactively evaluate the impacts of changes to minimize re-work. Additionally, we structure the scope of each change for subcontractors based on practicality and efficiency, taking into account factors such as equipment availability and mobilization costs. Our goal is to streamline the change management process and minimize disruptions for all project stakeholders. OWNER-INITIATED CHANGES Garney recognizes that owner-initiated changes in project scope can introduce additional costs that are beyond our control. However, it is our philosophy to collaborate closely with the City to fulfill their needs in the most economical and valuable way possible. We are committed to maintaining cost transparency throughout this process, ensuring clarity and straightforwardness. CHANGES DRIVEN BY PROJECT CONDITIONS As an integral part of the project team, Garney works diligently to minimize the occurrence of changes driven by project conditions. We achieve this by conducting a comprehensive analysis of the project design and implementing safeguards where feasible. We require the same level of commitment from our subcontractors. By relaying information from the field on a daily basis, we can closely monitor the cost and schedule, swiftly identifying any deviations from the established baseline. 3-4 RISK MANAGEMENT PLAN Garney adopts a proactive approach to risk management, aiming to identify and address potential project risks during the preconstruction phase. By doing so, we can maximize the real value of the project while not sacrificing on quality and safety, resulting in tangible time and cost savings. A critical aspect of our CMAR approach is collaborating with the City to accurately identify risks and develop effective mitigation strategies that enhance certainty regarding the project's costs and schedule. The key components of Garney's Risk Management Plan include: IDENTIFY RISKS During all phases, Garney conducts constructability risk reviews to identify risks associated with the current design or construction stage. Our CMAR team members employ constructability review sheets and risk registers to document areas of concern. As the project progresses, we hold weekly progress meetings with the project team to coordinate tasks and identify associated risks. These risks are tracked on a risk register and openly discussed and analyzed. EVALUATE RISKS The risk register evolves from the preconstruction phase, incorporating the level of risk concern, risk descriptions, responsible parties, and potential schedule impacts. We communicate the identified risks to bid package contractors, ensuring all stakeholders are aware. Involving the bid package contractors in evaluating options to address concerns enhances their understanding of the risks. All concerns are then communicated to the project team, facilitating clear communication channels for exploring potential solutions. By thoroughly understanding project risks during the bidding stage, we set the project up for smoother progress during construction, minimizing surprises. MANAGE RISKS Many risks can be mitigated through open communication and the documentation of all ideas within the project team. Sharing concerns in collaborative meetings often leads to solutions that are beneficial for all parties involved. When project team members comprehend the potential impacts of risks, they are more likely to accept and work towards their mitigation. TRACK RISKS The project team actively identifies and manages items listed in the risk register. Corresponding activities are also integrated into the master schedule to ensure upcoming concerns are appropriately addressed. All planning activities are conducted during weekly progress meetings, providing a platform for effective risk tracking and management. PRELIMINARY RISK REGISTER We are experienced at identifying potential risk factors early in the process and will work together with the City and the Kimley-Horn during preconstruction to develop creative ways to alleviate the potential for these risks to occur. Our team will identify, track, and update project- related risks, ensuring that we understand the nature of the issue (i.e. financial, regulatory, schedule, public impact) and the severity of the risk. We will capture all relevant mitigation measures and will work closely with the City to reduce or manage the risk. A few specific risks with mitigation strategies, based on our previous experience are shown on the following page. RISK MITIGATION MATRIX The Risk Mitigation Matrix is a tool that is regularly updated throughout the project to identify and address risks. Risks can be identified during the review of design deliverables, preconstruction activities or during construction. Some risks can be mitigated through design changes, while others may require action from the CMAR team. For example, risks related to steel price escalation and equipment escalations can be mitigated through early procurement. The Risk Mitigation Matrix captures these risks and outlines the corresponding mitigating actions. 3-5 ID #DESCRIPTION OF RISK (INCLUDING ANY IDENTIFIED TRIGGERS)IMPACT ON PROJECT (IDENTIFY CONSEQUENCES)MITIGATION ACTIONS (PREVENTATIVE OR CONTINGENCY) 1 Project Schedule A Triggers include timely decisions, scope commitment, design durations and council approvals/contract execution A Kubota equipment procurement A Electrical gear lead times A Influent pump station construction duration Project budget, cash flow impacts, coordination with other trades/projects and public perception Project Milestones A Our team will analyze whether an early release package for sitework and deep foundations could reduce overall project schedule by allowing work to begin prior to finalizing design – we have had success in the past accomplishing early release packages with the various permitting agencies A Utilize work analysis with project team to target milestones and open items for resolution A Collaborate with Kubota for onsite or local solutions A Consider temporary or non traditional options for power A Temporary pumping from junction box 2 Cost Certainty A Triggers include market conditions, scope & assumptions, subcontractor reliance, allowances & contingency allocations/ownership Budget verification, cash flow, scope gap, schedule, and cost allocations A Our unrivaled knowledge of the Texas market allows us to provide an Opinion of Probable Construction Costs that is real and accurate A Work history with local municipalities and the Kimley-Horn will allow for baseline expectations A Utilize self-performance historical database for early assumptions and scope decisions to manage design in parallel A Build fair and clear scopes for bid packages 3 Subcontractor Market A Triggers include flooded market, subcontractor availability/ responsiveness, and multiple subtier subcontractors Project budget, project schedule and quality of work A We have a vast database of prequalified and preferred subcontractors in the local market A Our self-performance capabilities also allow us to create opportunities to shape scope packages to leverage the abilities of many different subcontractors 4 Material Availability A Triggers include quote validity dates, early project scope budgets, and date when equipment/material will be released for manufacturing A Concrete portland cement aggregate and fly ash Price escalation, scope coordination, delivery lead times and stored materials execution Schedule delays, and quality A Our team will leverage deep relationships with local vendors to identify potential areas of concern and develop strategies to alleviate this risk A Select major equipment and get under contract for early release packages / GMPs A Leverage vendor relationships and early and proactive coordination 5 Cash Flow A Triggers include changes in scope, delays to schedule, procurement and resequencing of work activities Billing forecasting and execution A Our team will provide draw schedules throughout preconstruction to help the City with properly plan for cash flow needs A Baseline estimate to be updated when decisions and variances are made and tracked 6 Craft Labor Shortages A Triggers include out of town living and local workforce Project budget, project schedule and quality of work A Garney is a self-performing contractor with 1,000+ field craft available to meet the project needs – our team was developed specifically to ensure that this project can be completed on time and within budget with an unmatched level of quality A Early packages so quality craft labor can be procured and continuously maintained throughout project duration 7 Site Conditions A Triggers include boring quantities and locations, depth and other abatement investigations A Ground water Project contingencies and allowance usage, project scope and schedule Dewatering efforts A Address concerns and recommendations in the early geotech and environmental reports A Perform additional boring and evaluations as needed to define subsurface conditions A Use of proper dewatering plan 8 New Electrical Service A Triggers include electrical feed routing, existing electrical, harmonic abatement Impacts to surrounding electrical system, project schedule, and project budget A Perform power study and harmonic analysis during design phase A Coordinate routing with adjacent site and access to new plant 9 Public Perception / Community Involvement A Triggers include rural areas and farms Community perception, site security, work flow, traffic impacts and safety A Our team will work closely with the Kimley-Horn to provide technical input for public meetings and participate in outreach efforts A Develop a plan in order to coordinate with construction that is in the best interest of all parties and follow through with execution. A We will meet with adjacent land owners and neighbors to hear their voice and accommodate if possible PRELIMINARY RISK REGISTER 3-6 PROJECT ISSUES LOG (PIL) Throughout the design process, Garney will keep a PIL to monitor important design changes and issues. The PIL enables the entire project team to manage the project scope from the earliest stage. Any items needing further assessment are evaluated based on cost, schedule, risk, and project requirements. If it is decided that an issue should be addressed, all relevant elements are documented in the PIL. The information is shared with the preconstruction team, estimators, and the project scheduler for tracking, cost analysis, and time impacts, respectively. It may also be added to a risk register. These items are viewed as opportunities or threats and discussed with the entire team to gather input and decide the best course of action. They are tracked until the next design deliverable, when they are incorporated into the design, master schedule, risk register, or contract documents, and then considered closed. The PIL offers a weekly snapshot of the project's cost, schedule, and risks, keeping the City and the entire team informed of any scope, cost, or schedule changes. PRELIMINARY EARLY WORK PACKAGES & WORK PACKAGES Garney follows a proactive approach to early work packages, which involves procuring long-lead equipment as soon as purchase authorizations are approved. This approach begins with bid documents and is reflected in purchase agreements, emphasizing the importance of meeting delivery deadlines to fulfill program needs. Garney closely monitors progress during submittal and fabrication processes to eliminate surprises and ensure successful solutions in collaboration with vendors. Our early-work packages are already in development to procure the Temporary Facility to ensure fabrication and delivery is concurrent with site development and structural facility construction. Constructability review does not stop in preconstruction, as Garney’s project engineers coordinate the approved equipment drawings with the contract documents to identify conflicts before they impact the work. The City of Anna and Kimley-Horn have already identified preselected equipment packages that carry long lead times. These purchase agreements will be considered Early Work and finalized soon after the CMAR agreement. ASSUMPTION & VARIANCE LOG The Assumption Log is an essential document that accompanies each CMAR Estimate Deliverable. During the estimation process, the CMAR must make certain assumptions due to incomplete information, especially when establishing an estimate cost at less than 100% design. The Assumption Log identifies the decisions made by the CMAR for pricing considerations. It works in conjunction with the Variance Log, which tracks cost changes between different levels of design estimates. Together, these logs help the project team understand the cost impact of design decisions and other changes. L PIL SUCCESS: COST-SAVING MEASURES IN LOWER BOIS D'ARC PROJECT During weekly calls with the engineering team, a proposal emerged to pour 5-foot thick slabs due to buoyancy issues with larger concrete tanks. This proposal was added to the PIL between the 30% and 60% design deliverables. The team explored cost-saving options like pouring large wings for backfilling or using rock anchors. Collaboration among the design, preconstruction, construction, and estimating teams led to the identification of an opportunity to save over $6 million by eliminating the mass concrete (5-foot thick slabs) and using rock anchors instead. This change was recorded in the PIL until it was incorporated into the 60% design documents and included in the 60% cost model. 3-7 Another critical aspect is the early procurement of electrical equipment, which is a long lead concern for all new projects, especially considering the target date of the temporary facility. Garney’s preconstruction team has already considered early-work packages for electrical gear and we expect to solicit for this material supply early, so it may be assigned to the electrical contractor for full coordination and install. The following outlines Garney's proposed Early Work Packages & Work Packages based on the information available at this time. These can be refined based on the project team's feedback once Garney is brought on board and the design progresses. Temporary Water Reclamation Facility (TWRF) L Kubota MBR Procurement Preselected L Huber Procurement Preselected L GCEC Power Procurement Preselected L Site Development and Drainage Construction (including WRF Site)Early Work Package L Yard Pipe Construction Early Work Package L Pump Station & MBR Construction Early Work Package L Electrical Construction (with Electrical Equipment)Early Work Package L Instrumentation Construction Early Work Package Water Reclamation Facility (WRF) L Huber Fine Screens Procurement Preselected L Hydro-Int Grit Procurement Preselected L Veolia UV Procurement Preselected L Andritz Centrifuge Procurement Preselected L Velodyne Polymer Procurement Preselected L Electrical Equipment Procurement Early Work Package L Earthwork, Landscope, Roads Construction (including TWRF Site)Work Package L Electrical Construction Work Package L Instrumentation Construction Work Package L Yard Pipe Construction Work Package L Site Concrete Construction Work Package L Admin Building Construction Work Package L MBR Basin Construction Work Package L Electrical Building Construction Work Package L Digester Construction Work Package L Solids Handling Construction Work Package L UV Building Construction Work Package L Blower Building Construction Work Package L Splitter Structure Construction Work Package L Grit Facility Construction Work Package PRELIMINARY EARLY WORK PACKAGES & WORK PACKAGES (CONT.) 3-8 COUNTRY ROAD 286 Site preparation and development play a crucial role in the project's success. Garney's Preconstruction Manager, Bryan Clark, initiated site development and sequence planning in collaboration with Superintendent James Roberts shortly after the Request for Proposal (RFP) advertisement. The two have been working together to ensure progress on the Hurricane Creek RWRF while construction of the temporary plant is underway. Given the site's geology, establishing drainage and access early on is imperative to minimize weather and logistic constraints. This effort provides Garney with a comprehensive understanding of the work, facilitating effective collaboration with Kimley-Horn in VE efforts and minimizing overlaps between the two project phases. The Electrical Contracts for the project are planned to be procured in two phases. It is most beneficial to the project schedule and budget to first solicit an electrical contractor for the temporary facility and construction power before design is able to be finalized for the Hurricane Creek RWRF. Similarly, Garney is considering a two-phase yard pipe and structural package to reduce the risk exposure to changes between 60% and 90% design intervals. This strategy aims to promote competitive bids and ensure qualified contractors are assigned to each phase, minimizing markups, reducing risk, and enhancing the project's overall quality. BID PACKAGETRAILERS CREW/TRADERALLY AREA RECEIVING PARKING CMAR OFFICES CONFERENCE ROOMS Am, sunti sim dendae sitissin comnis a quatem dolorup taspeli quaectem nectur? Tum il int repe voles dem apicidi odi atur? Ratur, quia in cum faceper ecesed quasin re veliqui aceribe aquibu- sanis adi quati cum ullut landi comnihicit dolestis sima is dundiss itatemquiae ea voloris qui ut faccae pernatem arisi iumquo dipsam, as et es imint est, ipsundia volori ut voluptatis qui autaspi enisimost volecabo. Ut adicid et quis ium am re voluptas aliatur rem quibus dolor aturione et officilique volum quatem fuga. Em. Illa volupta aut quuntia volor mo blanimus ad molum dolupic ipicta volorer ionsequas untem vendell aborporem sitios eturibustias eum volent magnima ximpore peliquiasit, siminul luptatios molectur? Qui omnis mintis dolutem poreptas apitatia volorio. Pudipsapis ditiniet videm et in recepel luptatur rat aut autatque dolori quae soles apit mi, simus dolum volut lis etur seque volorum am fuga. Ut quia corem ius ali- quae. Faces mi, odi conet as volest, odionsequo est, cus earchicatum res voloreprat hariani natis porro blaut dolupta vel maxim iusam a voluptaque eos earum imaxim eatur adi te cum assita si doles ipist, et aspeliq uiaeri sincto imil moluptatem eatem asimi, officite si rem eum fuga. Et occatquibus, anit apiciasped eius se et eatiur? Xerum venimin torerci milique nobis veribust ommolup tationecus et es aut quae et aut quibus cus mil il ex explicia destrum re, cus es exerere ptasit ipiendit mod erum que es pro to ipsam, volorest ipita- tia eic temporepro quis dolore magnis abo. Nem debiti quis aliquae niandis ut as accum dis alitat aut am, tem quidige nditatur soluptatest labo. Nam comnienihic te doluptatis quo dolorestrum lab is alitecte liquiaerovit volut officium aut expe cullorum enim apel earibus sin evelist modis rereculleste endelis mos volor aut qui oditaqui blatio. Se volessentet vel ea quo moluptas ea sequod ut facerch iliquam, sed ea di ut voloribus eos nim sum alia sant, enihillupta cum, cone la autem asperio nsequos et que volorehenda comnimus comnima gnatibus, sapis aut este eum que verionsecum eaqui nulpa porerum nobis ex estescita quatur? Et, nobit omnias ut eati venimai onsecae. Pudaessusa pero volore pra evellupta sam sequidendis quam facius, si in nones anditat atemporis audant dit, nonsequidi blam ariatetum doleceatem. Sequam volup- tae asped et maximus, odit laccusame as aut aut voluptat et et quas aliquisciis doluptat repe intur as alit, offictiis esequosto excest dunt. Ga. Xerum eum ilicaes venienet latibea nes mossin expliate digna- tios autem qui nes ipsaperchil ipietur, inciis ratum que vellecusda coreprerendi con nonessu nderferit hit eseceru mentium, non conseraeped magniss unditiant auda dusae dolum simus is esed eatisit dolorernatem qui sam doluptatur, num quation conet aut oc- cuptatecus rae pelendus, veniendusa nonsere net vitae andae ni il in nusantionsed quo molupta num sandanda audit harum faccum laciis accabo. Ut hil eatia sae possum essi acculpa rcimus sundest volorup- ta assit aliquam lam erat optae simporem volupta turernatat ratibus doluptio. Nam facea quaerum cus pe nonsequ ianitis as mollenitis aut velictis que susam vellace rferestem quam unt et aut volupti optius aut dem a ipsam im at audaerum inctas res reculla quam acim que ma dellupt asitecuptati beaque la pe nimaximodit a derchillest, te magnihi llabori tatur. SITE PREPARATION AND DEVELOPMENT SITE LOGISTICS During our numerous visits to the site, we have identified that it will be critical to develop a comprehensive site logistics plan draft, shown below. Our primary focus encompassed traffic management, access points, neighboring stakeholders, and potential impacts resulting from the interplay between various work features and construction site infrastructure requirements. Essential considerations ranged from the provision of suitable work trailers, parking facilities, laydown areas, and efficient material delivery systems. Our overarching objective is to ensure seamless coordination between the temporary construction setup and the final infrastructure, aiming to avoid unnecessary rework. One example is to align road configurations with those of the permanent roads. By combining meticulous analysis with a steadfast commitment to preventing future challenges, our site logistics plan will optimize efficiency, reduce overall cost, and mitigate potential disruptions throughout the construction process. MINIMIZING IMPACTS TO THE PUBLIC As part of our comprehensive approach, we actively engage in coordination with neighboring entities to foster open lines of communication and address any concerns they may have. We prioritize actively listening to their feedback and, whenever possible, making accommodations to address their needs and mitigate potential disruptions. We recognize the importance of maintaining a clean and safe environment, and controlling dust and track-out becomes a daily priority. We diligently manage and minimize dust levels, ensuring a healthy and comfortable atmosphere for both workers and the surrounding community. Furthermore, we prioritize public safety by employing appropriate signage strategically placed in and around the construction site, effectively notifying individuals of any potential hazards. By taking these proactive measures, we strive to create a harmonious and secure environment, fostering positive relationships with neighboring stakeholders and prioritizing the well-being of the community at large. 3-9 PROCUREMENT SERVICES: BID PACKAGE DEVELOPMENT Garney's Preconstruction Services Manager, Bryan Clark, will be responsible for analyzing and assembling work packages for the project, including the compilation of appropriate contract documents. The preconstruction phase is dynamic, requiring the team to be responsive to the market conditions for all project phases. Garney's approach involves establishing early milestones as a team for the design timeline, enabling the team to seize any opportunities that arise during the bid package approach. By releasing procurement packages in stages throughout the design process, Garney maximizes the opportunity to establish a solid GMP. The solicitation strategy focuses on developing bid packages that encourage participation from contractors of various sizes and backgrounds, and it will adapt based on feedback and lessons learned during design reviews. Garney is well-positioned to react to market opportunities. The size of each work package will be determined by several factors, with the project goals driving the specificity of the scopes of work. Diversification plays a role in shaping the final work package strategy. Garney will consider the design status and availability of design documents when incorporating them into the bid documents. The aim is to refine the work package strategy during preconstruction to optimize the efficiency of all project team members. BID SOLICITATION AND EVALUATION To ensure maximum participation from potential bidders, the following procedural steps will be taken: 1 2 3 4 Garney will create an evaluation scorecard for subcontractors and suppliers in collaboration with the project team before receiving bids. This scorecard will be used to assess proposals based on scope, completeness, safety, and other criteria. The bid tab summary for each work package will include the evaluation results, which will be reviewed and scored by the project team. These scores will guide the selection of the proposer who offers the best value for the project. Advertise and conduct informational meetings in various locations, including Dallas/Fort Worth, McKinney, Anna during the procurement services phase. Conduct comprehensive outreach to contractors, suppliers, and stakeholders, providing an overview of the project, the CMAR process, scoring criteria, and proposed work packages. Utilize appropriate resources and platforms, such as plan room services like CivCast and local newspapers like McKinney Courier-Gazette, Wylie News, and Anna Melissa Tribune. Leverage Garney's reputation for fairness and integrity, which consistently attracts a strong response from the contracting community. WE ARE A CONTRACTOR THAT OTHER CONTRACTORS LIKE TO WORK FOR. On the Lower Bois d'Arc CMAR project, Garney successfully established 41 bid packages based on input from the entire project team and industry feedback, resulting in over 120 bids over the course of the project. This extensive bidding process provided significant opportunities to select the right partners with the highest probability of project success. 3-10 GMP DEVELOPMENT PLAN GMP development takes place towards the end of the procurement phase, once estimates are finalized and bids are evaluated. After bidding, negotiation, and scope finalization meetings with contractors, Garney can identify additional project risks and establish an allowance budget for those risks. Once the bid packages are finalized, the project team will compile the following documents into a single PDF file for review: A Transmittal Letter A Table of Contents A Executive Summary A List of Drawings & Specifications A Variations, Substitutions, Exclusions, Modifications, Assumptions, Qualifications A Assumptions and Clarifications A Value Analysis Recommendation A Allowances and Backup A Unit Prices A Early Work Packages A Estimated Cost Breakdown A Proposed Subcontractors and Proposals A Solicitations & Scopes of Work A Itemized General Conditions A Contingency Funds A Progress Schedule A Schedule of Values A State And City Required Forms After the review process, two hard copies of the compiled documents will be submitted to the City, along with the electronic file. Additionally, Garney will collaborate with the City to develop an Administrative Memorandum, which will be presented to the board for approval. The project team will work together to determine how design milestones will impact the bid packages and establish the order in which these packages will be released, along with their corresponding dates. Garney's CMAR team will modify the bid packages based on the progression of the design. During the review of the bid package list with the project team, specialty work will be identified, and bid packages will be structured accordingly to ensure that the most qualified contractors are assigned to each item. This approach minimizes markups, mitigates risks, and enhances the overall quality of the project. Considering the September 2024 target completion date for the Temporary Facility, as well as long lead times of certain process and electrical equipment, we previously described the Early Work Packages for Process Equipment, Site Power, Temporary Plant Facilities, Hurricane Creek Electrical Gear, and complete Yard Pipe and Sitework. We expect to issue purchase orders for preselected equipment within 4 weeks and expect to be able to issue contracts for Early Work packages within 4 months of execution of the CMAR Services agreement. The remainder of the bid packages will follow as design, constructability review and VE wrap up. The GMP Proposal will consist of all the items listed above and will cover the Temporary Treatment Facility and Hurricane Creek RWRF. FIELD INVESTIGATIONCOMMUNICATION $ BUDGET CONFIRMATION SCHEDULING ACCURATE ESTIMATING VALUE ENGINEERING CONSTRUCTABILITY REVIEW ACCURATE GMP 1 2 3 Result = Successful GMP Section FourCONSTRUCTION SERVICES PLAN As the CMAR, Garney, was able to use its influence in the marketplace to structure the bid packages to generate the most competition, which benefited NTMWD. The third phase of the CMAR process is the management of construction. The CMAR oversees the construction phase ensuring quality work completed in a timely manner. Garney has been a long term CMAR partner for NTMWD, and the relationship with Garney has benefited NTMWD by delivering complex projects in a safe and professional manner. Steve Long, P.E., Reservoir Project Manager North Texas Municipal Water District Texoma Outfall to Wylie Water Treatment Plant Pipeline CMAR, the Main Stem Pump Station and Raw Water Pipeline CMAR, and several projects in the Bois d’Arc Lake Program 4-1 SECTION 4 CONSTRUCTION SERVICES PLAN Garney recognizes the significance of a robust construction management plan to ensure the timely and cost- effective delivery of the HCRWRF & TTF project. This plan encompasses the implementation of processes and construction activities based on the specifications developed during the design phase. The plan comprises several critical components that contribute to project success. MATERIAL TRACKING Garney employs an Equipment Tracking Log to monitor the status of submittals, O&M (Operations and Maintenance), fabrication, delivery, storage, installation, and start-up. This log is compared with the project's CPM (Critical Path Method) schedule to ensure timely material arrival for incorporation into the work. In case of any schedule deviations, we proactively address the issue by leveraging our extensive network of vendors and personal relationships to find prompt solutions. Our Quality Control Team accounts for every concrete truck and matches every test result to its respective placement. We track mix designs, quantities, weather conditions, slump, air, mix temperature, delivery and placement times among other data points to ensure the team knows exactly the product that is being installed. COST MANAGEMENT We consider cost management as an integral part of risk management. As a self-performing contractor, every Employee-Owner at Garney has a vested interest in a project's success, making cost and risk management inherent to our team's mindset. On a monthly basis, our management team evaluates projected costs for each budget line throughout the project's duration. This proactive approach allows us to identify concerns and address problem areas as they emerge, rather than waiting for them to escalate. Between our proven scope and coordination drawing approach, and our methodical handling of disputes, we have a proven record of advising our Clients, Engineers and Subcontractors through fair and equitable resolution of issues. PROJECT MANAGEMENT Throughout the entire project, our experienced project team and superintendents will be on site. They are a local team who have successfully worked together in the past. During the preconstruction phase, the key personnel will be based in our Sister Grove project location and corporate offices. Once construction begins, our project managers will largely work from the site, as well as the senior superintendent overseeing the project, supported by the lead superintendent who will manage day-to- day operations on site. This allows our team to closely monitor and steer the project to completion. They will be in attendance for progress meetings and coordination of the work. Our cohesive team has a strong history of communication and integration, ensuring a smooth and efficient project from the very beginning. CLEAR SCOPE DELINEATION To facilitate effective communication, Garney will color- code the construction drawings, clearly highlighting the project scope for each bid package. This process is a unique effort that Garney performs to minimize overlaps and gaps. This exercise also identifies interface points between contractors that are able to be defined during procurement. SUBMITTALS AND SHOP DRAWING MANAGEMENT With extensive experience in managing submittal packages, our teams will meticulously handle the submittal process, from conception to approval. We will establish clear and coordinated submittal expectations at the time of bid advertisement. To ensure quality and adherence to specifications our subcontracts outline submittal and shop drawing conventions that we require. Additionally, our Project Engineers and Assistant Project Managers will diligently review (line by line) all submittals, identifying any deviations, highlighting questions for designer confirmations, and ensuring compliance with specifications. 4-2 QUALITY CONTROL PLAN As QC Manager for the project, Jim Harris will be responsible for developing a project-specific Quality Management Plan (QMP). All work will be inspected by appropriate CMAR team members for adherence to contract documents and submittal information. Early in the project, Garney will work with the City and Kimley-Horn to identify inspection hold points, for a coordinated review of work being placed. Garney is accustomed to teams of owners’ representatives reviewing the work, and therefor accustomed to holding ourselves and our contractors accountable to the standards set forth in the contract documents and industry standards. Jim and his CMAR QC team will also be supported by Garney CMAR Superintendents and Field Engineers to ensure seamless coordination from the CMAR QC team to the contractors performing the work. The CMAR QC team will operate independently of the CMAR project management staff and will be empowered to enforce the requirements of the QMP and contract documents on all portions of the project. The CMAR QC team will schedule and plan pre-work meetings with contractors, review and coordinate the timely completion of critical submittals, and be actively engaged in the production meetings and coordination directly with contractors. This approach of early and constant coordination by the CMAR QC team will help ensure fewer non-compliance reports and field quality notices need to be issued. In the event of an issue, the Garney management team will enter the concern in our Quality Issues Log. It will then be discussed with Kimley-Horn to determine its conformance to the contract documents, and whether or not a corrective action is needed. The outcome will be documented as a team decision and will be executed as such by the CMAR. Our process for handling quality concerns alleviates disagreement at inception, by opening up an honest discussion and being able to discuss the best interest of the project from the beginning. PROJECT CONTROLS PROCESSES As an industry leader, we are able to employ the best systems on the market. We provide a consistent, complete project controls suite. Discussed later in this proposal, the team will use Primavera P6 for scheduling. Our managers are proficient with this industry staple, and our Master Scheduler maintains the project files for consistency. We are embracing our latest project control acquisition, CMiC as a tool that seamlessly integrates dozens of project controls into one user interface. We are able to implement this tool for: A Submittals A RFIs A Changes A Contract Documents A Daily Reports A Challenge Resolution QUALITY MANAGEMENT Garney fully integrates our quality management system into the organizational structure and performance management systems for each project. 1. Plan 2. Implement 3. Verify 4. Analyze 5. Act A Subcontracts A Purchase Orders A Communication Management A Owner/Engineer Portal A Punch List Additionally, Bluebeam Revu & Studio, has been an integral part of our large CMAR programs. Our team is proficient in implementing linked drawing sets and consistent quality documents that communicate with professionalism and clear information. For all other information, data, and general file storage, we keep it simple with the familiar Microsoft SharePoint file system. All our employee-owners have full access to Microsoft’s suite of Office 365, Teams, Excel, Word, OneNote, Outlook and related, to ensure communication is not hindered by a non-standard system. 4-3 CHANGE MANAGEMENT PROCESS As changes occur in the project, Garney focuses on finding solutions to maintain progress toward the project's objectives. We maintain a Risk Register to track potential risks and discuss them in our weekly meetings. Field RFIs (Requests for Information) from contractors are transmitted to Garney through CMiC and reviewed internally. Once reviewed, Garney submits an RFI to the project team through CMiC for documentation. The responses are posted on CMiC to ensure all contractors have access to the most up-to-date contract documents. We understand that some changes may result in design modifications impacting cost, and our intent is to evaluate the change, assess potential cost and schedule impacts, and collaborate with the project team to identify the most beneficial path forward for the City. To manage associated risks, Garney maintains allowance funds proportionate to the level of risk. Once the solution is provided and validated, Garney provides documentation on the funding mechanism covering the change. This allowance request is then submitted to the project team for final review and approval. Any project change orders (PCOs) are handled similarly with a contingency request. Design changes are transmitted to Garney and posted for contractor documentation purposes. Additionally, we update the BlueBeam Studio Virtual Plan Table contract documents to ensure all contractors' plan sets reflect the latest design changes made by the project team. HEALTH AND SAFETY PLAN Safety is Garney’s number one company objective—it is a value above all else. In all operations, Garney is guided by an established accident prevention policy. This policy is based on a sincere desire to eliminate occupational injuries and illnesses, damage to equipment and property, and to protect the general public. This is evident in our safety record and current experience modification rate (EMR) of 0.71. Israel Ducoing, our Safety Manager, will be responsible for developing the project-specific Health and Safety Plan during the preconstruction phase. We understand the criticality of creating this plan early to include it in all procurement documents and incorporate necessary safety requirements into subcontractor scopes of work. Garney establishes a safety culture from the start, ensuring a safe working environment for all project personnel. Our safety plan focuses on identified project hazards and lays out protocols to mitigate those risks effectively. To facilitate communication and ensure all project stakeholders are up-to- date, we create a project- specific SharePoint site dedicated to safety, quality, and schedule components. Training is provided to all personnel working on the project, emphasizing adherence to safety protocols and best practices. Throughout the project, safety walks are conducted to identify potential hazards and document concerns and solutions to prevent accidents. 4-4 MEETINGS Garney will work with the project team to create a weekly and monthly schedule that aligns with the monthly tasks such as pay application reviews, approvals, and schedule updates. The first meeting for each contractor on site will be a pre-job safety conference. Garney will work with each contractor on site specific safety requirements, communication channels, integration into the BlueBeam Studio, submittal and request for information (RFI) workflows, schedule update procedures, reporting, and all other items needed to integrate the contractors with the expectations set by the project team. Weekly CMAR production meetings and project team production meetings will occur for the bid package contractors. The attendees for the production meeting will be all CMAR staff managing this project, all contractors, pertinent suppliers (concrete, aggregate, equipment representatives). Topics for the weekly project team production meeting will be safety, quality control, schedule progress, submittals and RFIs, inspection scheduling, field issues log and Non-Conformance Report (NCR) log discussion, and general site coordination efforts that need attention. The attendees for the project team production meeting will be CMAR management, CMAR safety staff, CMAR quality control (QC) staff, Kimley-Horn, and City staff. We have also found value in a recurring submittal/ RFI meeting with the design team. If Kimley- Horn has availability, a discussion usually prevents misinterpretations and provides clarity to prevent unnecessary resubmittals and to promote a team approach to project issues. This meeting has also served to help reviewers prioritize reviews and resubmittals based on team member concerns. SCHEDULE IMPACT Float on the critical path consistently reduced on weekly updates RESPONSE Verify that the program logic is correct and look for opportunities to add resources or direct management. CONTROLLING SCHEDULE IMPACTS SCHEDULE IMPACT Inclement weather RESPONSE Monitor local forecasts and develop construction sequence around typical Texas weather. SCHEDULE STEP Run the schedule first using the longest path to identify the true critical path. RESPONSE Fine tune efforts to allocate resources efficiently. SCHEDULE STEP Run the schedule and look for activities that are within 30 days of the longest path. RESPONSE Highlight work that could slip to the longest path if not focused on. Research and allocate appropriate resources. SCHEDULE STEP Watch for opportunities to start work early based on activities riding the data line (work that could start but is not shown as critical). RESPONSE Look for opportunities to add additional crews that may not be on-site to complete work early and prevent concurrent work. STEPS TO IDENTIFY CRITICAL PATH IMPACTS SCHEDULE CONTROL Garney's team excels in scheduling and project construction, ensuring that the project stays on track from start to finish. Harlan Dews, our Master Scheduler, will be responsible for maintaining the schedule and keeping the project on course. Our CMAR Superintendents will be present on-site daily, ensuring the safety and progress of subcontractors and crews to meet or exceed scheduled completion dates. We utilize Primavera software to build the schedule, allowing for detailed or summarized tasks as needed. While we prioritize project details, our aim is to communicate the schedule clearly to all parties involved. Our highly skilled Master Scheduler, Harlan Dews, effectively uses Primavera P6 to coordinate work between contractors and project milestones, providing a practical tool for the entire project team. For subcontracted work, we assess work areas and crew availability, making resource adjustments or sequencing changes as necessary. Likewise, for self-performed work, we calculate activity hours and adjust our construction approach to balance labor requirements. Garney consistently analyzes the longest path for each subcontractor, identifying limitations and collaborating to ensure their success. 4-5 PROJECT EXECUTION During the construction phase of the project, Garney will ensure a smooth and efficient execution, whether or not we are selected for the installation of the construction phases. Our focus remains on delivering high-quality work while adhering to project requirements. Here are the key benefits and proof points of our project execution approach: Through the implementation of these strategies and leveraging our expertise, Garney works diligently to ensure that the project is executed with precision, safety, and strict adherence to all project requirements. As a self-perform contractor, Garney has extensive experience and expertise in managing construction projects. We understand the intricacies of the process, including material delivery, permit requirements, and specialty scopes. Our self-perform capabilities enable us to effectively manage and deliver high-quality work. COMPREHENSIVE DOCUMENTATION: We will diligently document existing conditions at all work sites through videos, photos, and detailed records. L This documentation serves as valuable evidence for tracking progress, identifying potential issues, and ensuring accountability. EFFECTIVE COMMUNICATION WITH FIRST RESPONDERS We will establish clear lines of communication with local first responders to keep them informed about our planned work. L This proactive approach enhances safety and ensures that emergency response procedures are well-coordinated, should the need arise. CONTINGENCY WORK PLANS In addition to the project schedule, we develop contingency work plans to address unforeseen circumstances or opportunities that may arise during construction. L These plans allow for flexibility and quick adaptations, ensuring efficient resource allocation and timely decision-making. Section FiveCOMMISSIONING AND START-UP PLAN Garney committed to difficult conditions in order to make the project a reality from the beginning and never wavered in their resolve to do what they said they would do. They earned our trust during the T-Bar project. This made it an easy decision for my Board of Directors to select Garney to complete our next project - the ClearWater Ranch Well Field Development and Delivery Project as a follow up to T-Bar. On this project, they once again have proven they will deliver on their promises. Jay Edwards, General Manager Midland Co. Fresh Water Supply District No. 1 TX T-Bar Ranch Well Field Development and Delivery Project (Design-Build) 5-1 TRANSITIONING FROM CONSTRUCTION TO OWNER OPERATIONS Garney's approach to transitioning from construction to owner operations focuses on a team approach led by Jeremy Miller, the Commissioning and Start-up Manager. The team will follow the guidelines outlined in section 01 75 00 Starting and Adjusting, starting with the creation of a Startup and Commissioning Plan. CONCRETE STRUCTURE TESTING AND STARTUP Throughout the project, testing and startup activities will take place. For example, Drawing Sheets G-103 and S-304 highlight the exfiltration test at the wet well of the Temporary Treatment Facility. Similar tests will be conducted for other structures, such as the: A. Headworks Lift Station B. Grit Removal, Fine Screen, and Splitter Structure C. MBR Structure, Including: 1. Equalization Basin 2. Anaerobic Basins 3. Anoxic Basins 4. Pre-Aeration Basins 5. MBR Basins 6. Waste-Activated Sludge Channel D. UV Disinfection Structure These tests are important for planning and scheduling work to meet the project schedule. SEWER AND MANHOLE TESTING The 36” and 48” Sanitary Sewer pipe will have the following tests performed: A Low Pressure Air Test and Deflection testing A The 4 Manholes will be vacuum tested Once the work is in place and backfilled these activities will commence, and reports will be submitted. Any failed test will be documented and tracked until the test passes and reports are received. CLOSED CIRCUIT TELEVISION INSPECTION The following infrastructure is required to have a CCTV Inspection. 36” and 48” Sanitary Sewer, 4 Manholes and 2 junction Structures. These will be completed after the Sewer and Manhole testing is complete, with either clean water or active sewer in the pipe and structures. O&MS (OPERATIONS AND MAINTENANCE MANUALS) INITIAL MAINTENANCE Preliminary O&Ms will be available on-site before accepting equipment to ensure proper storage and maintenance. Garney's project engineers will inspect the equipment upon arrival, comparing it to the approved submittals and reporting any discrepancies to the management staff. Acceptable equipment will be stored according to the manufacturer's recommendations and installed and maintained as instructed. Before startup, a manufacturer's representative will inspect the equipment for proper installation. The O&M procedures will be followed to ensure appropriate maintenance until the owner accepts the project. ELECTRICAL TESTING Electrical testing activities are specified in individual sections of the contract documents. Garney will work with the bid package contractor responsible for Electrical Testing, to ensure the requirements are met. Reports will be submitted for review and approval upon completion of the testing. The electrical testing tasks include: SECTION 5 COMMISSIONING AND START-UP PLAN Steps to Start-up, Commissioning, and Training • Start-up & Commissioning Plan • Equipment Testing and Tracking Log • Electrical System • Point to Point Checks • Temporary Operations • Training Sessions • Transfer of Operation Activities • City Acceptance 5-2 Section 26 05 00 Electrical Work – Test insulation Integrity of the wiring system before termination. Section 26 05 26 Instrumentation Cable – Factory Test to confirm cable complies with requirements of ICEA Section 7.7.9 ofS-66-524 or 7.5.9 of S-68-516. Test insulation integrity and conductor continuity. Test shielded cable shields with an ohmmeter for continuity along the length of the cable and for shield continuity to ground. Connect shielded instrumentation cables to a calibrated 4-20 milliamp DC signal transmitter and receiver. Test at 4, 12, and 20 milliamp transmitter settings. Test each electrical circuit after permanent cables are in place to demonstrate that the circuit and connected equipment perform satisfactorily and that cables are free from improper grounds and short circuits. Section 26 05 26 Grounding and Bonding – Make Tests at each ground test well using a “fall of potential” test method. Each ground test well shall not exceed a maximum resistance of 5 ohms. Where measured values exceed this figure, install additional ground rods as required to reduce the resistance to the specified limit. Section 26 22 00 Transformers – Prior to energization of transformers, test phase-to-phase and phase-to- ground insulation resistance levels. Test transformers for continuity of circuits and short-circuits. Section 26 24 16 Panelboards – Make insulation resistance tests of panelboard buses, components, and connecting supply, feeder, and control circuits. Make continuity tests of circuits. Visual and Mechanical Inspections as listed in this section. Electrical Tests as listed in this section. Section 26 27 26 Wiring Devices – Energize and test devices for proper operation. Section 26 28 00 Overcurrent Protective Devices – Make insulation resistance test of OCPD buses, components, and connecting supply, feeder, and control circuits. Make continuity tests of circuits. Include full updating on final system configuration and parameters where they supplement or differ from those indicated in original Contract Documents. Comply with manufacturer's instructions for installation and testing of OCPDs. Visual and mechanical inspections as listed in this section. Electrical tests as listed in this section. Section 26 29 13 SSRV Motor Starter – Make continuity test of circuits. Review updating of final system configuration and parameters where they supplement or differ from those indicated in original Contract Documents. Review manufacture’s written instructions for installation and testing of motor control devices. Visual and Mechanical Inspections as listed in this section. Electrical Tests as listed in this section. Section 26 29 36 Motor Controllers – Make insulation resistance tests of conducting parts of motor control components; and of connecting supply, feeder, and control circuits. For devices containing solid- state components, use test equipment and methods recommended by manufacturer. Make continuity tests of circuits. Review updating of final system configuration and parameters where they supplement or differ from those indicated in original Contract Documents. Review manufacturer’s written instructions for installation and testing of motor control devices. Visual and Mechanical Inspections as listed in this section. Electrical tests as listed in this section. MECHANICAL TESTING Mechanical Testing is identified in the individual specification sections. Garney CMAR will work with the bid package contractor responsible for Mechanical Testing, to ensure the requirements are met. As the testing is completed, reports will be submitted for review and approval. By diligently performing these Mechanical testing tasks as outlined in the contract documents, we ensure adherence to quality standards and that the system operates effectively. The Mechanical testing tasks described in the contract documents are as follows: Section 33 32 00 Non-Clog Submersible Sewage Pumps – Factory Testing will be performed as required by this section. The Manufacturer’s Representative will be present and perform startup of the pumps with assistance from the bid package contractor. Section 40 05 59 Stainless Steel Slide Gates – The gates will be checked for proper installation, alignment, and any potential mechanical defect. They will also undergo a leak test in accordance with the latest version of AWWA C561. Section 44 31 19 Two-Stage Biological/Carbon Media Odor Control System – Manufacture will be present to startup, and commission the system. They will also need to supply a certificate of proper installation. 5-3 Section 46 07 53 Membrane Bioreactor Wastewater Treatment Equipment System – MBR System Supplier will need to perform a factory acceptance test of the MBR Control System, details are outlined in this section. The supplier will also need to be onsite to ensure the system has been installed properly and is ready for the commissioning and startup process. The MBR System will be tested with clean water initially to work out any mechanical or electrical issues. Then with close coordination with the engineer and owner the MBR system will receive seed sludge. The MBR System supplier will train the plant operators as they will be the team that operates the plant during the commissioning period. Upon completion of the System Commissioning a Stress Test will be performed to demonstrate the ability of the MBR System. Peak flow test shown to have a duration of 24 hours and maximum month daily flow to have a duration of 30 days. Section 46 21 00 Multi-Rake Bar Screen – The manufacturer will be onsite to verify electrical connection along with the electrical contractor. The manufacturer’s service technician will need to make any necessary adjustments and settings to the controls. Once all the above is complete they will demonstrate proper and sequential operation of the system. Section 46 21 73 Screening Wash Press - The manufacturer will be onsite to verify electrical connection along with the electrical contractor. The manufacturer’s service technician will need to make any necessary adjustments and settings to the controls. Once all the above is complete they will demonstrate proper and sequential operation of the system. Section 46 41 41 Top-Entering Tank Mixers – Rotation checks will be conducted to verify the proper functioning of motors, and a Manufacture Certificate of Proper Install will be obtained, including installation verification, alignment, adjustment, and calibration as necessary. Additionally, a thorough point-to-point check will be performed to ensure that all wires are correctly connected to their designated locations. Section 46 76 00 Wastewater Dewatering Equipment – Rotation checks will be conducted to verify the proper functioning of motors, and a Manufacture Certificate of Proper Install will be obtained, including installation verification, alignment, adjustment, and calibration as necessary. Additionally, a thorough point-to- point check will be performed to ensure that all wires are correctly connected to their designated locations. I&C TESTING There are four major components listed under the I&C Testing. Factory Acceptance Testing, Onsite Readiness Test (ORT), Functional Site Testing and Acceptance Testing. Garney will work with the system supplier to ensure that all testing procedures are submitted in a timely manner to allow review and approval prior to the testing taking place. Factory Acceptance Testing will be coordinated through Garney with the system supplier, the Engineer, and the City. Upon approval of the Factory Tests the equipment can then we scheduled for shipment to the site. All I/O checkout and 4 – 20 mA scaling will be completed during the Onsite Readiness Testing. This will involve the electrical contractor, the system supplier and Garney CMAR to ensure all parties are on the same page and any issues are resolved in a timely manner. Major ORT Task to include but not limited to: A Equipment on site and installed properly A Alignment checked, adjustments and calibrations made A Point to Point I/O Check A Demonstrate all specified operating condition and failure modes for each Control or Monitoring Loop A Demonstrate all specified operating condition and failure modes for the complete system After the ORT, we will proceed with Functional Site Testing to ensure that the system operates as intended. This testing phase allows us to verify that everything works smoothly. Once the Functional testing is successfully completed, we move on to the Acceptance Test, where the system will run continuously for 7 days without any issues. This thorough testing process ensures that the system is reliable and functions flawlessly. It's important to note that I&C testing is a complex and time-consuming process. Suppliers responsible for control panels that report back to the site SCADA system must collaborate with the system supplier to ensure proper interface integration. 5-4 Enhanced Operational Excellence Garney demonstrated its commitment to the success of the Lower Bois D'Arc Creek Reservoir Program by successfully implementing recorded vendor training. This strategic move has brought about remarkable benefits for the plant operators and the future staff. With easy access to recorded training sessions, operators can refresh their knowledge as needed, ensuring operational efficiency and informed decision-making. Additionally, the availability of standardized training materials enables seamless onboarding for future operators, reducing the learning curve and promoting a knowledgeable workforce. Garney's implementation of recorded vendor training exemplifies their dedication to project success by fostering a skilled team, improving performance, and enhancing safety measures. Jeremy Miller, a seasoned leader, spearheaded the implementation of this training on the Lower Bois D'Arc Creek Reservoir Program. His expertise and guidance played a pivotal role in bringing forth the benefits of recorded vendor training to the forefront. With Jeremy at the helm, Garney ensured the seamless execution of the program, empowering the plant operators and future staff with invaluable knowledge and resources. TRAINING The Contract Documents include a detailed list of training requirements. Each section of the specifications that needs training is clearly identified. The responsible parties must submit their lesson plans for review to ensure proper skill development. Garney will work closely with the plant operation staff to schedule all the required trainings. By coordinating effectively and following the training requirements, Garney aims to improve the project's efficiency and build a skilled workforce. This commitment to training and collaboration helps ensure the project's success and promotes safety and sustainability. L Streamline startup activities for a successful project launch. L Efficiently track and manage startup tasks and deliverables. L Ensure coordination and collaboration with contractors for seamless execution. L Gain a comprehensive overview of the project timeline by integrating the startup schedule into the Master Schedule. L Facilitate effective communication and progress tracking through regular Startup Meetings. L Keep the schedule up to date with vendor visits, ensuring timely assistance during startup. L Maintain transparent communication with the City and Kimley-Horn regarding startup and commissioning progress. PROPOSED APPROACH TO SCHEDULING STARTUP Garney recognizes the criticality of a well-planned startup process for project success. To ensure a smooth and efficient startup, a comprehensive plan will be developed, clearly outlining essential tasks and deliverables. These will be meticulously added to the startup schedule, enabling effective tracking and management. Close collaboration with bid package contractors will establish a clear timeline, integrating it into the Master Schedule for enhanced visibility. Regular Startup Meetings will facilitate communication and progress updates, allowing prompt resolution of potential challenges. The Startup Schedule will be continuously updated, including vendor visits to assist with startup activities. Through proactive schedule management and collaboration, Garney aims to deliver a successful project, while providing transparency to the City and Kimley-Horn regarding startup and commissioning progress. Key Steps in the Startup Process: 5-5 kimley-horn.com 260 East Davis Street, Suite 100, McKinney, TX 75069 469 301 2580 July 12, 2023 Mr. Justin Clay City of Anna, TX 120 West 7th Street Anna, TX 75409 Re: Request For Proposal Results Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility KHA No. 064512911 Dear Mr. Clay: On June 29, 2023, the City of Anna received proposals for Construction Manager at Risk (CMAR) Services for the construction of the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility. A detailed evaluation of the proposals is attached for your review and consideration. The City of Anna received proposals from the following CMAR Contractors: 1. Archer Western Construction, LLC 2. MWH Constructors, Inc. 3. Garney Companies Inc. Kimley-Horn and Associates, Inc. has reviewed the proposals of the three (3) CMAR Contractors with the City of Anna. Kimley-Horn and Associates, Inc. has verified that the Contractor's bonding company is licensed in the State of Texas. Based on the proposal evaluation with the City of Anna, Garney Companies, Inc. scored the highest with regards to the technical and cost portion of the proposal. The overall project management, execution approach, and experience, preconstruction services plan, construction services plan, commissioning and start-up plan, and cost proposal submitted by Garney Companies, Inc. provided the best value proposal. Kimley-Horn and Associates, Inc. recommends awarding the CMAR Services Agreement to Garney Companies, Inc. Enclosed is a copy of the proposal evaluation with average scores from the committee members for your reference. Thank you for the opportunity to be of service to the City of Anna. Should you have any questions or comments, please to not hesitate to contact me at 469-301-2592. Sincerely, Todd Strouse, P.E. Enclosure Archer Western Construction, LLC MWH Constructors, Inc.Garney Companies, Inc. Complete and Compliant Proposal Security and Proposal Transmittal Form (Pass/Fail) Pass Pass Pass Overall Project Management, Execution Approach, & Contractor's Experience with Similar Work (Maximum of 15) 14 12 15 Preconstruction and Procurement Services Plan (Maximum of 20)19 20 20 Construction Services Plan (Maximum of 20)20 20 20 Commissioning and Start- Up Plan (Maximum of 15)15 14 14 Sub-Total (Maximum of 70)68 66 69 Cost ProposalPreconstruction Services Fee Lump Sum Amount+Procurement Services Fee Lump Sum Amount+CMAR Fee Lump Sum Amount (Maximum of 30) 29 26 30 Sub-Total (Maximum of 30)29 26 30 Total (Maximum of 100)97 92 99 Anna Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility CMAR RFP Evaluation Proposers Technical ProposalEvaluation Criteria Item No. 7.d. City Council Agenda Staff Report Meeting Date: 7/25/2023 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: