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HomeMy WebLinkAboutRes 2015-10-124 Waiver for Anna Town Square Development (2).pdf CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-124 (Waiver for Anna Town Square Development) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REQUEST BY ANNA CROSSING AMC, LTD FOR A WAIVER OF CERTAIN REQUIREMENTS IN PART III-A, ARTICLE 3, SECTION 1.03(d) OF THE ANNA CITY CODE REGARDING VEHICULAR ACCESS TO A 9.482 ACRE TRACT OF LAND LOCATED IN THE GRANDISON STARK SURVEY, A-798, IN THE ANNA TOWN SQUARE DEVELOPMENT WHEREAS, In order to provide for the orderly development of land within the Anna city limits, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Article 1, Section 10 of the Subdivision Regulations allow the City Council to consider waivers or suspensions of certain provisions of the Subdivision Regulations where the Council finds that undue hardships will result from strict compliance with certain provisions, or where the purposes of the City regulations may be served to a greater extent by an alternative proposal; and WHEREAS, Anna Crossing AMC, Ltd is requesting that the City Council waive or vary the requirements in Article 3, Section 1.03(d) of the Subdivision Regulations regarding vehicular access to a 9.482 acre tract of land located in the Grandison Stark Survey, A-798, within the Anna Town Square development; and WHEREAS, the Planning and Zoning Commission reviewed this waiver request on October 5, 2015 and recommended that the City Council approve the waiver subject to compliance with the certain conditions described herein; and WHEREAS, the City Council finds that granting the waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision of other property in the vicinity; and WHEREAS, the City Council finds that the conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought, and are not applicable generally to other property; and WHEREAS, the City Council finds that because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; and WHEREAS, the City Council finds that the waiver will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and WHEREAS, the City Council finds that an alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City's 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 Waiver The City Council hereby approves a waiver of certain requirements in Part III-A, Article 3, Section 1.03(d) of the Anna City Code regarding vehicular access to a 9.482 acre tract of land located in the Grandison Stark Survey, A-798, and further described in Exhibit 1 (the "Property"); subject to the following limitations and conditions: a) City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City of Anna, Texas (the "City'). b) This waiver shall only apply to development of the Property for a multi-family development consistent with the Concept Plan attached hereto as Exhibit 2 (the "Concept Plan"). c) The Concept Plan is for illustrative purposes only and shall not be viewed as part of a development application or a request for a permit. Changes to the concept plan may be required in order to meet the technical requirements of the City Regulations. d) The owner of the Property shall construct a minimum two-lane extension of Finley Blvd. and a four-lane median divided connecting road to a point intersecting with internal access roads that provide at least two routes to the interior of the Property as shown on the Concept Plan. All such roadways shall be constructed to meet all applicable City Regulations. e) The owner of the Property shall construct a temporary access road from the intersection of Finley Blvd. and the four-lane median divided connecting road to a point that connects to end of the completed section of Leonard Blvd. consistent with the alignment shown on the Concept Plan (the "Temporary Access Road"). f) The Temporary Access Road shall be designed by a Professional Engineer (P.E.) who shall certify to the City of Anna in letter form that the temporary access as designed will support fire apparatus as outlined in the International Fire Code, latest edition. Such design shall be adjusted as necessary based upon a geotechnical survey. g) Construction plans for the Temporary Access Road shall be subject to review and approval by the City. RESOLUTION NO. 2015-10-124 2 (Waiver for Anna Town Square Development) h) The surface of the Temporary Access Road shall be a minimum of two-course Bituminous Surface Treatment (Chip Seal) as outlined in the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction, latest edition, Division 400, Section 404.4 Bituminous Surface Treatment (Chip Seal) on appropriate sub-grade (minimum 8" of flex-base) as outlined in Division 300, Section 301, consistent with Exhibit 3. i) The minimum width of the Temporary Access Road shall be twenty-four feet (24'). j) The Temporary Access Road design shall include a full storm sewer design plan with supporting hydraulic calculations to demonstrate that the drainage area surrounding the temporary access is conveyed properly without damaging upstream or downstream properties and that storm water will be conveyed so as to not degrade the quality or functionality of the Temporary Access Road. k) The design engineer shall supply a letter to the City of Anna certifying that there is no adverse impact to upstream or downstream properties as a result of the temporary access and storm sewer design. 1) The Temporary Access Road shall be owned and maintained in perpetuity in its constructed condition by the Anna Town Square Homeowners Association Inc. (the "HOA"). Legal documents binding the HOA with the obligation to perpetually maintain the Temporary Access Road and dedicate right-of-way necessary to comply with Section 2(n) below shall be subject to review and approval by the City Attorney. m) The City of Anna may inspect the Temporary Access Road at its discretion and require the HOA to make any repairs that are necessary to return the roadway to its constructed condition. n) The Temporary Access Road shall be gated at each terminus and a knox box shall be installed at each gate subject to approval by the City of Anna Fire Department. o) A section of the Temporary Access Road shall be replaced with a permanent concrete public roadway when property located adjacent to that section of the Temporary Access Road is developed. Any such replacement roadways shall be constructed to comply with all applicable City Regulations. When replacement with a permanent public road is required, rights-of-way of appropriate width shall be dedicated by the HOA and any other owners of the affected property. Regardless of the location of the adjacent property to be developed, replacements of the Temporary Access Road required under this Section shall extend and connect to at least one terminus of the Temporary Access Road. Access gates and locking devices required under Section 2(m) shall be relocated as appropriate by the developer of the adjacent property. p) The Temporary Access Road shall be not be used as one of the points of access required under Part III-A, Article 3, Section 1.03(d) of the Anna City Code in connection with the development of any other property. RESOLUTION NO. 2015-10-124 3 (Waiver for Anna Town Square Development) PASSED on this 27th day of October 2015. ATTEST: �j%jO1%111110/j'A,,PPROVED: F .......... L)4 Carrie L. Smith, City Secretaq,� gist, Mayor x 1�'SO RESOLUTION NO. 2015-10-124 4 (Waiver for Anna Town Square Development) ANNA CROSSING AMC, LTD By: Anna Crossing AMC GP Corporation, its General Partner 8214 Westchester Suite 710, Dallas,Texas 75225 i z September 8,2015 Philip Sanders City of Anna 111 N.Powell Parkway P.O. Box 776 Anna,TX 75409 Dear Philip, With regard to our proposed 180-unit multi-family Palladium Anna development in Anna Town Square ('ATS"),we respectfully request the City to waive its requirement that each subdivision have two fully paved access points connecting to the City's approved roadway system.. Anna Crossing AMC, Ltd. is proposing an alternative solution that provides one fully improved access point and a second emergency access point that provides for the health,safety,and welfare of citizens and emergency personnel. The ATS master plan is in a hardship at this time being that any immediate,full and secondary point of access in addition to the very costly main entrance and DART crossing that is under construction)to ATS will have to have collaboration with other land owners to the north or south and cover very long distances. We have already made an enormous investment in the City with tremendous offsite utility, road infrastructure and a beautiful amenity package to kick start the master plan. Building a critical mass now is crucial to the success of the master plan and surrounding area, and Palladium Anna will bring high quality standards for the multi-family component of ATS. In order to make Palladium a reality and for ATS to achieve the essential critical mass,we need the City's help to allow Anna Palladium to have one paved access point to City improved roadways, and a second emergency access point of flex-base material described in more detail below. We wish to thank the City of Anna for allowing ATS and Palladium to present the first proposed multi-family component of Anna Town Square. We believe that the addition of the Palladium community inside Anna Town Square will be a catalyst for quality multi-family development in Anna Town Square and accelerate commercial development in ATS,which will help foster the continued economic growth of the City of Anna. Palladium is a high quality builder/operator that is making a long-term ownership commitment with a minimum 15 year holding period. They have extensive experience in building a variety of quality multifamily projects. We have worked together over the last several months to design an attractive, high quality multi-family development that the City, Palladium,and ATS can be proud to endorse. In connection with the Anna Palladium development, we are proposing to construct all the necessary public improvements to serve the site with water,sewer,and vehicular access from the newly improved Finley Boulevard and Sharp Street intersection(Exhibit A). In order to satisfy the City's requirement for each subdivision to have two points of access to the City's improved road system,we are proposing that the City allow us to: August 31, 2015 Page 2 of 4 Mr. Philip Sanders 1. Construct the second point of access on Finley Boulevard out of a temporary flex-base material rated for the use of emergency vehicles(Exhibit B: Blue) until such section is fully paved with the development of contiguous land. 2. This section will connect from the existing concrete portion of Leonard Boulevard (Exhibit B: Green)and extend to the proposed extension of Finley Boulevard(Exhibit B: Orange)that will be constructed with Palladium Anna. 3. We will prepare fully engineered plans of the flex-based access road, including a plan and profile to show how the roadway will drain and not wash out or dam up water on the site. (example shown in Exhibit C) 4. We will provide a design for the cross section that will be fully approved by a geotechnical engineer to verify that the flex-base road along with any required surface treatment is adequate for emergency vehicle use. (example shown in Exhibit D) Your response e-mail on August 21St to our initial request for the waiver outlined the City's concerns with our request due to maintenance concerns and the qualifications under Article 1,Section 10 of the City Regulations. i Addressing the maintenance issue first,you asked"What assurance would the City have that the private access road is perpetually maintained in a manner to accommodate emergency vehicle E traffic?" Response:The Anna Town Square HOA will agree in writing to maintain the access road until such time that the permanent road is constructed at such time as the contiguous property is developed. Required qualifications under Article 3.,Section 10 of the City Regulations: 1. Granting the waiver/suspension will not be detrimental to the public safety,health or welfare, and will not be injurious to other property or to the owners of other property,and the waiver/suspension will not prevent the orderly Subdivision of other property in the vicinity. i Response: As stated previously,the flex-base road will be provided as the second point of access in the event of an accident on or around Palladium Anna. If Finley Boulevard is blocked for any reason,emergency personnel will be able to access Palladium Anna from the flex-base road with the same efficiency and safety as a paved road. The flex-base road will not be injurious to other property of the owners of other property because the alignment of the road will be the same alignment as the future Finley Boulevard. The land that the flex-base road will be constructed on will be dedicated to the City and used for the future alignment of Finley Boulevard. In addition, easements will be granted by all property owners in which the flex-base road passes through. 2. The conditions upon which the request for a walver/suspension Is based are unique to the property for which the waiver/suspension is sought,and are not applicable generally to other property.What are the unique property conditions that you would ask the Council to consider? Response: Anna Town Square is a property unique in its location due to the access restriction imposed on it by the DART Railroad that borders the master plan on the west,and a lack of any August 31, 2015 Page 3 of 4 Mr. Philip Sanders infrastructure in the area.The only points of access to the City's improved roadway system for ATS are Hwy 5 and County Road 422 (See Exhibit B).The developer has financed upwards of$450,000 for the DART crossing and approximately$1,500,000 for just the spine road improvements to create circulation from Hwy 5 to CR 422. The DART crossing creates a unique burden on this property because DART(an entity separate from the owner and the city)controls ATS'access to Hwy 5,the City's only major north south thoroughfare on the east side of town. DART has repeatedly refused multiple requests from the developer and the City for additional crossings for this development and/or any other locations along this line. The only other major thoroughfares in proximity to ATS are FM 455 and the Collin County Outer Loop which are both almost a mile from the nearest termination point of the currently improved spine road within ATS(Exhibit E).This creates a very difficult and unusual circulation impediment. If the developer is forced to extend Finley Boulevard and Leonard Boulevard with pavement instead of flex-base to complete the circulation of ATS within itself, the developer will be forced to I construct nearly the same distance of pavement as would be necessary to connect to FM 455 or the Collin County Outer Loop. This cost was not contemplated to be a requirement until the property contiguous to this road was developed. If the DART Rail did not impede access to Hwy 5, Palladium Anna could draw one point of access from Finley Boulevard as proposed in Exhibit B,and a second f point of access would be provided from Hwy 5 (only 500 feet away). Due to DART constraints,this is not an option four us. 3. Because of the particular physical surroundings,shape and/or topographical conditions of the specific property involved,a particular undue hardship to the Property Owner would result,as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out.It is our understanding that the primary reason for the request is to address a financial concern related to the development. We are not aware of other issues related to this request that would support finding(3)above. Response: As we have discussed with the City at length,the looping of the road is an l extraordinary financial challenge for the development. However, it is caused by the geographic and E development constraints due to DART. As previously stated,the DART Rail is a"physical surrounding" which causes an "undue hardship"given the fact it cannot be moved,crossed, nor f circumvented due to either lawful restrictions by its owner(DART) and/or an extremely high cost burden to the developer. 4. The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan(as amended), or any other adopted plan(s)or ordinance(s) of the City; and Response:The flex-base road will not vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended),or any other adopted plan(s)or ordinance(s)of the City to other property of the owners of other property, because Palladium Anna and the flex base road installation will set the future road alignment for Finley Boulevard to intersect Leonard Boulevard. This segment of road will remain within the boundary of ATS and will not affect any neighboring properties zoning and will follow the general alignment laid out by the City's Future Land Use Plan. 5. An alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City's regulations. August 31,2015 Page 4 of 4 Mr. Philip Sanders Response: The alternate design will achieve the same result as the city's standards and regulations. The flex-base road will allow two points of access in the case of an emergency and it will be built along the prescribed alignment of the Future Finley Boulevard as to not affect the planning of any other parcel of land. The flex-base road will allow the developer to follow the City's requirement of building the road contiguous to the property being developed. Therefore,the same results are achieved by building a new road up to the entrance of Palladium and constructing a flex- base emergency access within the future Finley Boulevard ROW to Leonard Boulevard. Our proposed request offers a mutually beneficial solution to provide the access needed to continue to gain critical mass in the master plan,while maintaining the health,safety, and welfare of ATS and the City's citizens, and relieve ATS of this undue hardship. Anna Crossing AMC, Ltd. is not requesting that it j be relieved of its obligation to construct Finley Boulevard and Leonard Boulevard.We are requesting to fulfill our obligation as property contiguous to the flex-base road is developed. i Thank you for your consideration, John D. Arnold 3 3 i 3 i 3' t Wim.!-DM�Oi1l7Mkd sy�eH UgIHXR JNYNNVld QNb'I w!tarorvtiesxora+laneatw.*.t1.wGca*w�tnr ���� �_e_ �NIHaa INfl N3 swal 1viiw:ro Am wN w�ww,� iXTU m6+:na rtwu nw all AGG6�P1/l41/3�tld fw awz A, v . a 383 a r r.� r t s X i � ,�! /,y!/ , r ti_ M1 1. 7�'.• f,� �„.y.. �Gt;G +;� i r!y cif •1,. �.�'': e 1 �`•�. ••`''�,. ) `^`'ate,,-., SAtIMNJi� s' s fa-sf-oso:roviaaroua �..w—�-yY, MIHM JNINNVld C1Ntfl w�orixlfumrndiva:fra9na++,,1*�wvofawf:fc � ��4--me. �ONIId39Nit r77SVnL'NNWd0 U:)Z NNVS JNISSMID VNNV av>oa aoe wfn�,a w+wa nw «r leameaa�aro�€a� a yds a {Q� �� yQ� tQ� QCp aN y�DS d d o ig M M1f Iv tV at r� ry r1- N S >s 9 a x � rr � r� G LG } G7j C o � N K 4q( iRi � (f t 9�T Ril TI tp`� �wa`Df v N b� 1?I IF N®R] WE R� WWI MR 1"INI lt'4 IZMIR MEN -- MIR 41YA, ONE, IN/ AlX A 115 fe A/go till557/s/i/s/ mi F mq, goo/ M/1 ............. ..... 1/0 RR gm/ Is 11 /11/01 �Mmm// ssim// e 9 G'enteclutcut bs 4 5058 Brush Crack Rortrl Tch 817-196-5600 C'affslri(atlol7 Alrrterials Fort Worth, Tea'ns 76119 Fdv 817-496-56016 A I P N A #X T E S T I N 0 Eitv/1-oninratctl 1VII'Mnlphales0ing.com TBU Firm No.813 WHERE IT ALL BEGINS June 17,2014 BH Please 1H SF,Ltd. 8214 Westchester, Suite 710 Dallas,Texas 75225 Attention:Mr.John Arnold, Re: Addendum to Geotechnical Exploration Breezy Hill-Phase 111/1V Off Breezy Hill Road Rockwall,Texas ALPHA Report No.G140083A-rev a This report serves as an Addendum to ALPHA's Geotechnical Exploration (ALPHA Report No. G140083 dated April 25,2014) and should not be considered separately 8`om that report, We understand the Client will construct a temporary fire access road between Phases III and IV in the Breezy Hill subdivision. We also understand the fire lane will be composed of 8 inches of compacted crushed concrete base material over a subgrade consisting of inches of recompacted onsite clay soils. For this analysis, we have assumed the temporary fire lane will be in service for less than 2 years and will not experience any significant traffic except for emergency fire tuck and medical vehicle access(typical 75,000 lb vehicles).. Based on the information discussed above, it is our opinion the temporary fire lane consisting of 8 inches of compacted crushed concrete base material over a 6 inch recompacted clay subgrade is suitable for support of emergency fire Mick traffic and medical vehicle access for about 3 years. Periodic maintenance, filling of potholes, ruts, erosion, etc., should be anticipated. After a period of 3 years or at completion of constiuetion activities, the fire lane should be visually re- evaluated for ruts,erosion and potholes if it will still be in service. Potholes,ruts and insufficient flexible base thicknesses should be filled with additional imported crushed concrete inaterial rather than from re-graded adjacent materials, Prior to placement of the crushed concrete, the existing subgrade soils should be proof-rolled, scarified and re-compacted per the recommendations in the original report. Crushed concrete material should meet the requirements of TxDOT Item 247, Grade 1 or 2 and be placed in loose lifts not exceeding 10 inches and compacted to 98 percent of the maximum dry density as determined by the Standard proctor (ASTM D 698) at a workable moisture content near optimum. x ALHA Report No. Gl 40083A-rev All other recommendations in the referenced geotechnical report remain unchanged. We appreciate the opportunity to be of service. Please contact us with any questions or comments. Sincerely, ALPHA TESTING,INC. e—iS of o t• MARK L McKAY d -` ........................y ' ,'•, 91067 •`w�,,� �., . Mark L, Mel{:ay t9 v,{•°C>C 5��'��'`e'�� rian o�v Senior Geotechnical Enginee$t�is/ Bl f President MLMBAP Copies; (1)Client r: i I w � w w 'E� �Q➢�'7o<' R� 1 i fi //%��� �/i� a //,iii' m a + i✓�i "d N i i r I BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900 JOIN W BIRKHOFF,RE, GARY C.HENDRICKS,RE. JOE R CARTER,P.F,. MATT HICKEY,P.E, ANDREW MATA,JR,P,E JOSEPH T GRAJEWSKI,111,P E. DEREK B,CHANEY,P E, October 2O 2015 CRAIG M,KERKHOFF,P E. Mr.Joseph Johnson,CPM Director of Public Works City of Anna 3223 North Powell Parkway Anna,Texas 75049 Re: Palladium development—Site Access Dear Mr.Johnson: As you requested,we have evaluated the site access for the proposed Palladium Development Based on the information provided to us by the City,the proposed development has requested that the second point of emergency access be constructed of a material that does not meet City standards,and that this roadway would be for emergency access only. All traffic for the proposed development would access the site through the proposed 2-lane concrete roadway. See enclosed exhibit for emergency access and site access locations. The capacity for a 2-lane roadway operating at a Level of Service(LOS)C is approximately 9,000 vehicles per day. With the Palladium development generating an average of 1,260 week day trips,the proposed 2-lane roadway would have adequate access to support the Palladium development. Sincerely, Craig M. i�erkhoff,P.E. Enclosures cc: Mr. Philip Sanders TBPE Firm 526 ACEC Wellness Firm Better Decisions-Better Designs TBPLS Firm 100318-00 j:\cleric l\anna\]-general services\4009-developerprojee[s\193-palladium\lc¢ers\k\roadway access,docx lIgIHX3 ONINNVId ON�fl � �, l s�r •: u.UJ1tlM1abldtYYe�- N 0NIV33NI®N3 _._. 3 Z S I N x v ff JN SS®1 VNNV , .............„..„.„,..„,,....„. .: »»:..�.. ,.. 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SUBGRADE SOIL SHALL BE---_,, COMPACTED AS PER GEOTECH REPORT NOTES: 1. PAVEMENT SECTION IS TO BE USED FOR EMERGENCE ACCESS ONLY. SECTION HAS NOT BE DESIGNED FOR USE AS A PUBLIC ROADWAY. 2. MATERIAL AND INSTALL SHALL CONFORM TO TXDOT STANDARDS. Temporary Pavement Section N.T.S.