HomeMy WebLinkAboutCCpkt2005-01-22JTEM 8: CONS I DER/DISCUSS/ACTION on Recommendations by Planning and
Zoning Commission regarding the, Proposed Outdoor Lighting -,-
Ordinance
The Planning and Zoning Commission has recommended approval of the outdoor lighting
ordinance at its meeting of January 3, 2006. The ordinance is designed to reduce glare
and restrict lighting to the actual area where illumination. is needed. The ordinance is
patterned after an ordinance developed by the City of EI Paso. The El Paso ordinance
was passed after almost two years of discussions that included business owners and
managers as well as other interested parties.
CITY OF ANNA, TEXAS
AN ORDINANCE ADOPTING OUTDOOR LIGHTING ON PUBLIC AND
PRIVATE PROPERTY REGULATION; ESTABLISHING GENERAL
REGULATIONS: PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT OF REGULATIONS: ESTABLISHING THE
CLASSIFICATION OF LIGHTING IN EACH TYPE OF OUTDOOR LIGHTING:
PROVIDING FOR A SAVINGS CLAUSE: SETTING AN EFFECTIVE DATE:
AND PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) FOR VIOLATION OF THIS ORDINANCE.
WHEREAS, the City has determined that the provisions contained in this Ordinance will
protect the historical legacy of the night sky, and provide enjoyment of the night sky in
the City for future generations; and
WHEREAS, the City has determined that the provisions contained in this Ordinance are
intended to encourage through the regulation of the types, kinds, construction,
installation, and uses of outdoor electrically powered illuminating devices, lighting
practices, and lighting systems that reduce costs and conserve energy and resources, and
help protect natural resources; and
WHEREAS, the City wishes to maintain safety, health, security, and productivity, while
enhancing nighttime enjoyment of property within its jurisdiction; and
WHEREAS, the City has determined that the provisions contained in this Ordinance will
encourage awareness by improving access to the City's lighting codes, through code
coordination and consolidation into one Ordinance; now therefore,
THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, DO ORDAIN AS
FOLLOWS:
SECTION 1. OUTDOOR LIGHTING REGULATION ADOPTED
The outdoor lighting regulations attached to and made an integral part of this ordinance
are hereby adopted.
SECTION 2. PENALTY
Any person, firm, or association violating any provision of this ordinance shall be
deemed guilty of a misdemeanor and shall upon convection therefore be fined in the sum
of not more than two thousand dollars ($2,000.00), and each day a violation of this
ordinance continues shall constitute a separate offense.
SECTION 3. SAVING
If any section, article, sentence, or part of this ordinance is in the conflict with any State
law of the State of Texas or is hereafter adjudged invalid or unconstitutional be the court
of competent jurisdiction, such conflict or adjudication shall not affect the validity of this
ordinance as a whole, or any such section, article, sentence, or part hereof not so
adjudged in conflict, invalid, or unconstitutional.
SECTION 4. CONFLICTING ORDINANCES AND REGULATIONS REPEALED
All ordinances and/or parts of all ordinances in conflict with the provisions of the sign
regulations herein are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect immediately upon its passage, approval, and required
publication.
Passed on this the 22nd day of January, 2005.
Approved:
Attest:
MAYOR CITY SECRETARY
It is the intent of this chapter to define practical and effective measures by which the obtrusive aspects
of excessive and/or careless outdoor light usage can be minimized, while preserving safety, security,
and the nighttime use and enjoyment of property. These measures will curtail the degradation of the
nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light
where and when it is needed, increasing the use of energy-efficient sources, and decreasing the
wastage of light and glare resulting from overlighting and poorly shielded or inappropriately directed
lighting fixtures.
All outdoor luminaires devices shall be installed in conformance with the provisions of this ordinance,
the building code, the electrical code, and the sign code of the city of Anna as applicable and under
appropriate permit and inspection.
Section -3. New buildings and additions to existing facilities.
For all proposed new construction or additions to existing facilities, all new outdoor lighting fixtures
shall meet the requirements of this ordinance.
Additions, as defined in Section 18.18.030, shall require the submission of a complete inventory and
site plan detailing any proposed new outdoor lighting. New lighting on the site shall meet the
requirements of this ordinance with regard to shielding and lamp type.
Section 5. Roadways.
Lighting for public and private roadways shall utilize only full cutoff light fixtures or cutoff light fixtures.
Section 6. Definitions.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
ordinance, have the meanings shown below:
"Average maintained horizontal illuminance" means the density of light flux in an outdoor area or areas
calculated:
A. On a horizontal plane at ground level;
B. As an average flux density over the surface of the outdoor area or areas; and
C. Applying a light loss factor calculated by methods prescribed by the lighting handbook of the
Illuminating Engineering Society or any successor publication; with calculations made by, or
on the basis of lighting plans other information provided by, manufacturers or suppliers of
outdoor light fixtures and made in a manner consistent with the lighting handbook of the
Illuminating Engineering Society or any successor publication.
"Class 1 lighting" means all outdoor lighting used for, but not limited to, outdoor sales or eating areas,
assembly or repair areas, advertising and other signs, recreational facilities and other similar
applications where color rendition is important to preserve the effectiveness of the activity. Recognized
Page 1 of 12
class 1 uses are: outdoor eating and retail food or beverage service areas; outdoor maintenance
areas; display lots; assembly areas such as concert or theater amphitheaters.
"Class 2 lighting" means all outdoor lighting used for, but not limited to, illumination for walkways,
roadways, equipment yards, parking lots and outdoor security where general illumination for safety or
security of the grounds is the primary concern.
"Class 3 lighting" means any outdoor lighting used for decorative effects including, but not limited to,
architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc.
"Cutoff light fixture" means a luminaire light distribution where no more than twenty-five candela per
one thousand lamp lumens is emitted above the horizontal.
"Development project" means any residential, commercial, industrial or mixed use subdivision plan or
development plan.
"Directly visible" means allowing a direct line -of -sight to the light source or lamp.
"Director" means the building permits and inspections director or designee.
"Display lot" means outdoor areas where active nighttime sales activity occurs and where accurate
color perception of merchandise by customers is required. A display lot shall entail one of the following
specific uses: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery
sales, assembly lots, swap meets. Additional uses may be designated as display lot as determined by
the director.
"Flood lamp" means a specific form of lamp designed to direct its output in a specific direction (a beam)
with a reflector formed from the glass envelope of the lamp itself, and with a diffusing glass envelope.
"Footcandle" means one lumen per square foot. Unit of illuminance. It is the luminous flux per unit area
in the Imperial system. One footcandle equals approximately ten (10.76) lux.
"Full cutoff light fixture" a luminaire with light distribution such that no light is emitted above the
horizontal.
"Glare" means the sensation produced by a bright source within the visual field that is sufficiently
brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual
performance and visibility; blinding light. The magnitude of glare depends on such factors as the size,
position, brightness of the source, and on the brightness level to which the eyes are adapted.
"Illuminance" means the amount of light falling onto a unit area of surface (luminous flux per unit area),
measured in lumens per square meter (lux) or lumens per square foot (footcandles).
"Installed" means the attachment, or assembly fixed in place, connected to a power source, of any
outdoor light fixture.
"Light trespass" means light falling where it is not wanted or needed, typically across property
boundaries.
"Lighting zones" means the four lighting zones are based on the zoning districts or overlays
established by the Zoning Ordinance. Guidelines used -to guide the delineation of the lighting zones
are:
B. Lighting Zone E2. This zone shall include the zoning districts of R -F, R -I, R-2, R -2A, R-3, R -3A,
R-4, R-5, RMH, RMD, P -R I, SRR, P -R H.
C. Lighting Zone E3. This zone shall include the zoning districts of A-1, A-2, A-3, A-4, A -O, A-3/0,
A -M, C -OP and S -D.
D. Lighting Zone E4. This. zone shall include the current zoning districts of C-1, C-2, C-3, C-4, C-5,
M -I, M-2, M-3, P -C, Q, and P -l.
"Lumen" means a unit of luminous flux; used to measure the amount of light emitted by lamps.
"Luminaire" means the complete lighting assembly (including the lamp, housing, reflectors, lenses and
shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of
determining total light output from a luminaire or light fixture (see under this section, "Outdoor light
output, total'), lighting assemblies which include multiple unshielded or partially shielded lamps on a
single pole or standard shall be considered as a single unit.
"Luminous tube" means a glass tube filled with a gas or gas mixture (including neon, argon, mercury or
other gasses), usually of small diameter (10-15 millimeter), caused to emit light by the passage of an
electric current, and commonly bent into various forms for use as decoration or signs. A "neon" tube
does not include common fluorescent tubes.
Page 2 of 12
"Lux" means a unit of illuminance equal to one lumen per square meter. One lux equals approximately
0.1 (0.093) footcandles.
"Multi-class.lighting" means any outdoor lighting used for more than one purpose, such as security and -
decoration, such that its use falls under the definition of two or more classes as defined for class 1, 2
and 3 lighting.
"Net acreage" means the total area of the development project. For parcels including those special
uses listed in Sections 18.18.150, 18.18.160, 18.18.170 and 18.18.180 that are exempted from the
lumens per acre caps of Section 18.18.080 (recreational facilities and outdoor display lots), the area
devoted to the special use shall also be excluded from the net acreage.
"Opaque" means that a material does not transmit light from an internal illumination source. Applied to
sign backgrounds, means that the area surrounding any letters or symbols on the sign either is not
lighted from within, or allows no light from an internal source to shine though it.
"Outdoor light fixture" means an outdoor illuminating device, outdoor lighting or reflective surface,
luminous tube, lamp or similar device, permanently installed or portable, used for illumination,
decoration, or advertisement. Such devices shall include, but are not limited to lights used for:
A. Parking lot lighting;
B. Roadway lighting;
C. Buildings and structures;
D. Recreational areas;
E. Landscape lighting;
F. Billboards and other signs (advertising or other);
G. Product display area lighting;
H. Building or structure decoration; and
I. Building overhangs and open canopies.
"Outdoor light output, total" means the initial total amount of light, measured in lumens, from all lamps
used in outdoor light fixtures. The term includes all lights and luminous tubing used for class 1, class 2,
class 3 and multi -class lighting, and lights used for external illumination of signs, but does not include
lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For lamp
types that vary in their output as they age (such as high pressure sodium, fluorescent and metal
halide), the initial lamp output, as defined by the manufacturer, is the value to be considered. For
determining compliance with Section 18.18.080, total outdoor light output standards, the light emitted
from lamps in outdoor light fixtures is to be included in the total output as follows:
A. Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures
installed on the sides of buildings or other structures, when not shielded from above by the
structure itself as defined in subsections B, C and D of this section, are to be included in the
total outdoor light output by simply adding the initial lumen outputs of the lamps;
B. Outdoor light fixtures installed under canopies, buildings (including parking garage decks),
overhangs or roof eaves where all parts of the lamp or luminaire are located at least five feet
but less than ten feet from the nearest edge of the canopy or overhang are to be included in
the total outdoor light output as though they produced only one-quarter of the lamp's rated
initial lumen output;
C. Outdoor light fixtures installed under canopies, buildings (including parking garage decks),
overhangs or roof eaves where all parts of the lamp or luminaire are located at least ten feet
but less than thirty feet from the nearest edge of the canopy or overhang are to be included in
the total outdoor light output as though they produced only one-tenth of the lamp's rated initial
lumen output; and
D. Outdoor light fixtures installed under canopies, buildings (including parking garage decks),
overhangs or roof eaves where all parts of the lamp or luminaire are located thirty or more feet
from the nearest edge of the canopy or overhang are not to be included in the total outdoor
light output. Such lamps must however conform to the lamp source and shielding requirements
of Section 7.
"Outdoor recreation facility" means an area designed for active recreation, whether publicly or privately
owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis
courts, and swimming pools.
"Person" means any individual, tenant, lessee, owner, or any commercial entity including but not
limited to firm, business, partnership, joint venture, or corporation.
Page 3 of 12
"Searchlight" means a lighting assembly designed to direct the output of a contained lamp in a specific
tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or
gimbaled mount to allow the assembly to be easily redirected. Searchlights include such lights that are
used commonly to sweep the sky for advertisement purposes.
"Sign, externally illuminated" means a sign illuminated by light sources from the outside.
"Sign, internally illuminated" means a sign illuminated by light sources enclosed entirely within the sign
cabinet and not directly visible from outside the sign.
"Sign, neon" means a sign including luminous gas-filled tubes formed into text, symbols or decorative
elements and directly visible from outside the sign cabinet.
"Spot lamp" means a specific form of lamp designed to direct its output in a specific direction (a beam)
with a reflector formed from the glass envelope of the lamp itself, and with a clear or nearly clear glass
envelope. Spot lamps are those lamps so designated by the manufacturers.
"Spot light" means a lighting assembly designed to direct the output of a contained lamp in a specific
tightly focused direction (a beam) with a reflector located external to the lamp.
"Temporary lighting" means lighting which does not conform to the provisions of this ordinance and
which will not be used for more than one thirty -day period within a calendar year, with one thirty -day
extension. Temporary lighting is intended for uses that by their nature are of limited duration, for
example, holiday decorations, civic events, or construction projects.
Section 7. Shielding standards.
All nonexempt outdoor lighting fixtures shall have shielding as shown in Table 1.
Table 1. LAMP TYPE AND SHIELDING STANDARDS' ""'
LIGHTING ZONE
& E CLASS AND LAMP TYPE E4
.._ .._.._ ��.__ ..
7, _E3 ; E2
i E1
�- Class 1 lighting (C olor Rendition): _
i Initial output greater than or equal to 1800 lumens i F
F J F
j F �1
Initial output below 1800 lumens (2) A(1)
A(1) A(1)
F
I
Class 2 lighting (General Illumination):
initial output greater than or equal to 1800 lumens F
I F r F -
1 F
Initial output below 1800 lumens (2) A(1)
aA(1) A(1)
F
Class 3 lightingDecorative 3)
Initial output greater than or equal to 1800 lumens ; F
_ F F
X
z.. Initial output below 1800„ lumens (2) ....... .. ;A()-_;�Ai1)
. A�.�._ .
i. F
Residential lighting (all Classes)(4):
^Initial output greater than or equal to 1800 lumens i F
} F j FF
_
Initial output below 1800 lumens (2)-..._ 4(1) ..si�(�.
)_. _ 3?(_).. ..
IA(r 1..) -_
Notes to Table 1
A = all types of fixtures allowed; shielding not required but highly recommended, except that any spot
or floodlight shall be aimed not higher than twenty-five degrees from
the vertical line between the
- fixture and the ground when the source is visible from any off-site residential
property
or public
roadway.
Page 4 of 12
F = only fully shielded fixtures allowed
X = not allowed
1. Flood or spot lamps shall be aimed no higher than twenty-five degrees from the vertical line between
the fixture and the ground when the source is visible from any off-site residential property or public
roadway.
Exception: seasonal decorations using typical unshielded low -wattage incandescent lamps shall be
permitted in all lighting zones from fifteenth of November through the fifteenth of January.
2. See exception in Section 18.18.080 for seasonal decorations from November fifteenth till January
fifteenth.
3. All class 3 lighting shall be extinguished between 11:00 p.m. (or when the business closes,
whichever is later) and sunrise.
4. Residential refers to single family attached or detached uses located in any of the zone districts such
as single-family detachea and duplexes. Multiple -family residential uses, or apartments, must use
standards for class 1, 2 and 3 lighting.
Total outdoor light output shall not exceed the limits in Table 2. Seasonal decorations, permitted
between November fifteenth and January fifteenth, are not counted toward these limits; lighting used
for external illumination of signs is counted, while lighting used for internal illumination of signs is not
counted. (The values in this table are the maximum permitted levels and not intended as design
standards; design standards shall be the lowest levels that meet the requirements of the task.)
Table 2. MAXIMUM TOTAL OUTDOOR LIGHT OUTPUT STANDARDS
LUMEN CAPS — INITIAL LAMP
LUMENS PER NET ACRE
Commercial and Industrial uses
otal (full cutoff+ unshiel
LIGHTING ZONE
E4 E3(4) E2(4) E1
1,000,0001 200,000'; 50.000 125.000
__ ___.
;Unshielded only 40,000 20,000 4,000 2,000
;Residential uses (2,3) _
(Total (full cutoff+ unshielded) 20,000 10,000 �r 10,000 10,000
_ .. -1 ..
FUnshielded only5,000 i 5,000
1,000..... 1._000..
Notes to Table 2
1. This refers to all commercial and industrial uses and includes multiple family or apartment uses.
2. This refers to all single-family attached or detached uses.
3. In lighting zones E4 -E 1, each residential single-family attached or detached home, duplex, triplex,
quadruplex or townhome is allowed up to five thousand five hundred total lumens, or the amount
indicated in this table based on the parcel's acreage, whichever is larger. Each is also allowed a
maximum of five thousand five hundred lumens of unshielded ("A") lighting, provided Table 18.18.070
allows the lamp's type with "A" shielding. All residential spot or flood lamps permitted are to be aimed
no higher than twenty-five degrees from the vertical line between the fixture and the ground when the
source is visible from any off-site residential property or public roadway.
4. Public and private schools located in zones E2 and E3 may petition the director for an increase in
the lumens per acre cap to the level permitted in zone E4. The director may allow an increase
when the school submits an engineered design supporting the need of such increase.
Page 5 of 12
All light fixtures that are required to be shielded shall be installed and maintained in such a manner that
the shielding is effective as described in the definition in Section 18.18.060 for full cutoff fixtures.
Section 10. Light trespass standard.
A. Beyond the shielding requirements of Section 18.18.070, all light fixtures shall be located, aimed or
shielded so as to minimize stray light trespassing across residential property boundaries.
B. Any lamp installed on a residential property in zone EI and visible from any other residential property
shall be shielded such that it is not directly visible from that property.
C. Luminaires, spot lamps or spotlights which are aimed, directed or focused such as to cause direct
light to be directed toward residential buildings or adjacent or nearby land, or to create glare
perceptible to persons operating motor vehicles on streets or roadways, shall be redirected or their
light output controlled as necessary to eliminate such conditions.
Section 11. Multi -class lighting standard.
Multi -class lighting shall conform to the shielding and timing restrictions, if any, which apply to the most
restrictive class.
Section 12. Externally illuminated sign standards.
External illumination for signs shall conform to all provisions of this ordinance. In particular, such
lighting shall be treated as class 1 lighting and shall conform to the lamp source, shielding restrictions
and lumen caps of Section 8. Upward -directed sign lighting is prohibited.
Section 13. Internally illuminated sign and neon sign standards.
A. Outdoor internally -illuminated advertising signs constructed with faces of translucent materials and
wholly illuminated from within do not require shielding. Colored or dark backgrounds with light lettering
or symbols are preferred to minimize the detrimental effects of light pollution. Lamps used for internal
illumination of such signs shall not be counted toward the lumen caps in Section 8.
B. Neon signs shall be treated as internally illuminated signs for the purposes of this ordinance, and
shall not have their luminous outputs counted toward the lumen caps in Section 8. Neon lighting
extending beyond the area considered to be the sign area (as defined in the sign code) shall conform
to all provisions of this ordinance and shall be treated as class 3 (decorative) lighting.
C. Other internally -illuminated panels or decorations not considered to be signage according to the
sign code (such as illuminated canopy margins or building faces), shall be considered decorative (class
3) lighting, and shall be subject to the standards applicable for such lighting, including but not limited to
the lamp source, shielding standards and lumens per acre caps of Section 8.
Section 14. Curfews.
Illumination for all signs, both externally and internally illuminated, shall be turned off at the curfew
times listed in Table 18.18.140 or when the business or portion thereof closes, whichever is later.
Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off
timers. Internally illuminated signs may continue to be used and illuminated but must conform to the
curfews as indicated.
Page 6 of 12
Table 3. ILLUMINATED SIGN CURFEWS
LIGHTING ZONE ^�
� {{ E4 �_E3F E2 r E1
_'
I ._... __
1ON PREMISE AND OFF PREMISE SIGNS i12 P M 2 P M. 9 P M. 9 M
�...._ _.__ __.�_ M....
ARTICLE V. SPECIAL USES
Section 15. Recreational facilities.
A. Lighting for outdoor athletic fields, courts, tracks or similar recreational facilities in lighting zones EI,
E2, E3, and E4, shall be considered class 1 (color rendition), and shall be exempt from the lumens per
acre limits of Section 8.
B. Shielding. In lighting zones Et, E2, E3 and E4, full cutoff lighting is required for tennis courts,
basketball courts, swimming pools, racquetball courts, golf driving ranges and similar facilities. Football
fields, soccer fields, golf courses and baseball diamonds designed for class III or IV levels of play
(typically amateur or municipal league, elementary to high school, training, recreational or social levels;
cf. IESNA Lighting Handbook and IESNA RP -6 Sports and Recreational Area Lighting) or designed for
class I and II levels of play (typically college, semi-professional, professional or national levels) shall
utilize luminaires with minimal uptight consistent with the illumination constraints of the design. Where
full cutoff fixtures are not utilized, acceptable luminaires shall include those which:
1. Are provided with internal and/or external glare control louvers and installed so as to minimize
uptight and offsite light trespass; and
2. Are installed and maintained with aiming angles that permit no greater than five percent of the
light emitted by each fixture to project above the horizontal.
C. Illuminance. All lighting installations shall be designed to achieve no greater than the minimal
illuminance levels for the activity as recommended by the Illuminating Engineering Society of
North America (IESNA).
D. Off -Site Spill. The installation shall also limit off-site spill (outside the parcel containing the
recreational facility) to the maximum extent possible consistent with the illumination constraints
of the design. For class III and 1V levels of play, a design standard of one lux (0.1 fc) at the
property line of any residential property at a vertical point five feet above grade, as measurable
from any orientation of the measuring device, shall be required. For Class I and 11 levels of play,
a design goal of one and one-half lux (0.15 fc) at the property line of any residential property at
a vertical point five feet above grade, as measurable from any orientation of the measuring
device, shall be required.
E. Engineering Design. Every such lighting system shall be designed by a registered professional
engineer.
F. Curfew. All events shall be scheduled so as to complete all activity before the curfew listed in Table
18.18.150. Illumination of the playing field, court or track shall be permitted after the curfew only
to conclude a scheduled event that was unable to conclude before the curfew.
Table 4. SPORTS FACILITY AND DISPLAY LOT LIGHTING CURFEWS
I LIGHTING ZONE
E4. E3 _ . f.. EZ
11 P I 10PM 9PM. I 3PM
Page 7 of 12
Section 16. Outdoor display
A. Lighting for display lots shall be considered class 1 (Color Rendition), and shall be allowed a lumens
per acre cap of two million.
B. Shielding. All display lot lighting shall utilize full cutoff luminaires that are installed in a fashion that
maintains the full cutoff characteristics.
C. Illuminance. Lighting for display lots shall be considered class 1 (color rendition).
D. Off -Site Spill. The display lot shall limit off-site spill (outside the parcel containing the display lot) to a
maximum of 0.5 lux (0.05 fc) at the property line of any residential property at a vertical point five feet
above grade, as measurable from any orientation of the measuring device, shall be required.
E. Engineering Design. Every display lot lighting system shall be designed by a registered professional
engineer.
F. Curfew. Display lot lighting exceeding the lumens per acre cap of Section 18.18.080 shall be turned
off at the curfew listed in Section 18.18.150 or within thirty minutes after closing of the business,
whichever is later. Lighting in the display lot after this time shall be considered class 2 lighting, and
shall conform to all restrictions of this ordinance applicable for class 2 lighting, including the lumens per
acre caps in Section 8.
Section 17. Service station canopies.
A. Lighting Class. Lighting for service station canopies shall be considered class 2 lighting (general
illumination).
B. Shielding. All luminaires mounted on or recessed into the lower surface of service station canopies
shall be full cutoff and utilize flat lenses.
C. Total Under -Canopy Output. The total light output used for illuminating service station canopies,
defined as the sum of all under -canopy initial bare -lamp outputs in lumens, shall not exceed
forty lumens per square foot of canopy in lighting zone E4, and shall not exceed twenty lumens
per square foot in lighting zone E3. All lighting mounted under the canopy, including but not
limited to luminaires mounted on the lower surface or recessed into the lower surface of the
canopy and any lighting within signage or illuminated panels over the pumps, is to be included
toward the total at full initial lumen output.
D. Lumen Output. The lumen output of lamps mounted on or within the lower surface of a canopy is
included toward the lumen caps in Section 8 according to the method defined in Section 8.
Other lighting located under a canopy but not mounted on or within the lower surface is included
toward the lumen caps in Section 8 at full initial output.
E. Off -Site Spill. The service station canopy lot shall limit off-site spill (outside the parcel containing the
service station lot) to a maximum of 0.5 lux (0.05 fc) at the property line of any residential
property at a vertical point five feet above grade, as measurable from any orientation of the
measuring device, shall be required.
Section 18. Other lighting on parcels with special uses.
On a property with special uses as listed above, all lighting not directly associated with the special use
areas above shall conform to the lighting standards described in this ordinance, including but not .
limited to the lamp type and shielding requirements of Section 7 and the lumens per acre limits of
Section 8. The net acreage for the determination of compliance with Section 8 shall not include the
area of the athletic field or outdoor display lot, as defined in Section 6; the area of any service station
canopy shall be included in the net acreage.
Section 19. Submission contents.
Page 8 of 12
The applicant for any permit required by any provision of this ordinance in connection with proposed
work involving outdoor lighting fixtures shall submit (as part of the application for permit) evidence that
the proposed work will comply with this ordinance. Even if no other such permit is required, the -
installation or modification (except for routine servicing and same -type lamp replacement) of any
exterior lighting shall require submission of the information described below. The submission shall
contain but shall not necessarily be limited to the following, all or part of which may be part or in
addition to the information required elsewhere in this ordinance upon application for the required
permit:
A. Plans indicating the location on the premises of all lighting fixtures, both proposed and existing on
the site;
B. Description of all lighting fixtures, both proposed and existing. The description may include, but is
not limited to, catalog cuts and illustrations by manufacturers (including sections where required); lamp
types, wattages and initial lumen outputs; and
C. Photometric data, such as that furnished by manufacturers, or similar showing the angle of cut off of
light emissions.
The above required plans, descriptions and data shall be sufficiently complete to enable the director to
readily determine whether compliance with the requirements of this ordinance will be achieved.
If such plans, descriptions and data cannot enable this ready determination, the applicant shall
additionally submit as evidence of compliance to enable such determination such certified
reports of tests as will do so provided that these tests shall have been performed and certified
by a recognized testing laboratory.
If any subdivision proposes or is required to have installed street or other common or public area
outdoor lighting, submission of the information as described in Section 19 shall be submitted with the
illumination plans required by Section 19.
Section 22. Lamp or fixture substitution.
Changes of outdoor light fixture or the type of light source therein shall be subject to the approval of the
director.
Section 23. Installation of nonconforming fixtures and lamps.
The installation of any outdoor lighting fixture or lamp for new construction, additions, or replacement
fixtures to existing facilities not in compliance with this chapter is prohibited.
Section 24. Laser source light.
The use of laser source light or any similar high intensity light for outdoor advertising or entertainment,
when projected above the horizontal, is prohibited, unless installed for temporary use with prior
approval of the director under Article IX. Authorization for such temporary use shall be for no
more than three days per three hundred sixty-five day period for any one applicant or property
and shall additionally be subject to any necessary state and federal approvals.
Page 9 of 12
Section 25. Searchlights.
The operation of searchlights for non-governmental purposes is prohibited, unless installed for
temporary use with prior approval of the director under Article IX. Authorization for such
temporary use shall be for no more than three days per three hundred sixty-five day period for
any one applicant or property and shall additionally be subject to any necessary state and
federal approvals.
Section 26 Off -premise signs.
Illumination of outdoor advertising off -premise signs is prohibited in lighting zone E1.
A. If after complaint and investigation, the director finds that an existing light fixture directs light toward
residential buildings, the director shall give written notice of such violation to the owner and/or to the
occupant of such premises demanding that the violation be abated within ninety days of the date of
written notice.
B. Light trespass onto residential property from existing lighting shall be remedied by redirecting the
light fixture or by controlling the light output as necessary.
C. Light levels shall not exceed a maximum of 0.25 footcandles (2.5 lux) at the property line of any
residential property at a vertical point five feet above grade.
D. Light trespass measurements shall be made at the property line of the residential site, with the
meter held normal to a line between any offending light source(s) and the light meter. If measurement
on private property is not possible or practical, light level measurements may be made at the boundary
of the public right of way or at any other location on an adjacent property.
E. Measurement shall be made using a commercial cosine and color corrected meter having an
accuracy tolerance of plus or minus five percent or better at one lux (0.1 footcandle). The meter shall
have been calibrated within two years of the date of measurement by the manufacturer or by a certified
illumination laboratory.
F. Measurements shall be taken using a 4.5" long, 1.75" +/- 0.25" diameter thin wall black tube baffle
atop the meter's photoelectric cell aperture to prevent any stray light from other sources from affecting
the measurement.
Section 28. Temporary exemption requests.
A temporary exemption request shall be subject to the approval of the director. Such request shall
contain the following information:
A. Specific ordinance exemption(s) requested;
B. Duration of requested exemption(s);
C. Proposed location on premises, of the proposed light fixture(s);
D. Purpose of proposed lighting;
E. Information for each luminaire and lamp combination as required in Section 19;
F. Previous temporary exemptions, if any, and addresses of premises thereunder; and
G. Such other data and information as may be required by the director.
• " • ,• .RNMR. ff",
The director shall have five business days from the date of submission of the request for temporary
exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than
thirty days from the date of issuance of the approval. The approval shall be renewable upon further
Page 10 of 12
written request for a maximum of one additional thirty -day period. The director is not authorized to
grant more than one temporary permit and one renewal for a thirty day period for the same property
within one calendar year -
• 11' . • r rHBOII
If the request for temporary exemption or its extension is disapproved, the applicant shall have the
appeal rights provided in Section 38
Section 31. Nonconformance.
A. Bottom -mounted or unshielded on -premise or off -premise sign lighting shall be brought into
compliance with the shielding standards of Section 18.18.070 no later than May 7, 2015.
B. Post top antique or acorn style luminaires that cannot achieve full cutoff may be used if they achieve
cutoff.
C. There shall be no change in use or lamp type, change or replacement of ballast or any replacement
(except for same -type and same -output lamp replacement) or structural alteration made, without
conforming to all applicable requirements of this ordinance.
D. All existing outdoor lighting fixtures shall be brought into compliance with the shielding standards of
Section 7 not later than May 7, 2015. Compliance with lumens cap is not mandatory but encouraged.
RINI% III IN ..
Illumination of city, county, state or U.S. flags with spot lights or flood lamps is exempt from all the
requirements of this ordinance.
Section 33. State and federal facilities.
Compliance with the intent of this ordinance by facilities that are owned, operated and maintained by
the state or federal government is encouraged but not required.
Section 34. Emergency lighting.
Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt
from all requirements of this ordinance for as long as the emergency exists.
Section 35. Swimming pool and fountain lighting.
Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp
type and shielding standards of Section 7, though such lighting shall conform to all other provisions of
this chapter.
Section 36. Fossil fuel lights.
All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels
are exempt from all requirements of this ordinance.
Page 11 of 12
Section 37. Historic properties.
Properties designated as federal, state, or local historic landmarks or that are within a federal, state, or
local historic district shall be exempt from this ordinance if there is a finding of an adverse impact to
any significant historical, cultural, or archaeological element of the property as determined in writing by
the Anna Historic Landmark Commission or by the Texas Historic Preservation Officer whenever the
Anna Historic Landmark Commission is without jurisdiction to require review of proposed work.
Any person aggrieved by any decision of the director made in administration or enforcement of this
ordinance has the right of appeal to the building board of appeals.
Section 39. Conflicts.
Where any provision of federal, state, or local law conflicts with any provision of this ordinance, the
most restrictive shall govern unless otherwise regulated by law.
Any person, firm, corporation or agent who shall violate a provision of this ordinance, or fails to comply
therewith, or with any of the requirements thereof, or who has erected, constructed, altered, installed,
demolished or moved any outdoor lighting, in violation of this ordinance, shall be charged with a class
C misdemeanor which is punishable by a fine which shall not exceed two thousand dollars. Each such
person may be charged with a separate offense for each and every day or portion thereof during which
any violation of any of the provisions of this ordinance is committed or continued.
Section 41. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be
illegal, such decision shall not affect the validity of the remaining portions of this ordinance.
ARTICLE XII. EFFECTIVE ®ATE
Section 42. Effective date.
A. The effective date of the ordinance shall be Nkarch
B. This ordinance shall be applicable to all permit applications received on or after that date.
Page 12 of 12
ITEM a PUBLIC
. Bj HEARING: Annexation of
Acre Tract in G. Stark Survey
and D.E.W. Babb Survey (Anna Ranch Tract).
This is first of two public hearings on annexation of a 737.3 acre tract located along south
side of Anna planning area, on east side of S. Powell Parkway and DART rail line. The
annexation is being considered at the request of the property owner.
Andante Development, LLP, has a contract on the property and is currently working with
the City staff and the Planning and Zoning Commission on a zoning plan for the property.
The concept plan for the tract includes a mix of different single family lot sizes and
commercial development along the west side of the tract (near S. Powell Parkway).
INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next
available date. Please bill the City of Anna.
CITY OF • •
FIRST PUBLIC HEARINGS
The City of Anna will hold a first public hearing on Tuesday, January 10, 2006, at 7:00 p.m. at
the Community Room of the Texas Star Bank, located at 402 W. White Street (FM 455), Anna,
Texas 75409, regarding annexation of the following tract:
A 737.3 acre tract in the Granderson Stark Survey, Abstract 768 and the D.E. W.
Babb Survey, Abstract No. 33, located southeast of Powell Pkwy (Hwy 5), north
of CR 417 and west of CR 419, property being owned by JNC Partners, LLC.
The annexation is being undertaken as a result of petition of the property owner.
Additional information regarding the annexation can be secured from the office of the City
Secretary, City of Anna, by phone at 972-924-3325, by mail at P. O. Box 776, Anna, TX 75409,
or by personal inquiry at the Anna City Hall, 101 N. Powell Parkway, Anna, TX 75409.
These public hearings are an opportunity for citizens of Anna and residents/property owners in
the affected areas to comment on the proposed annexation. Persons unable to attend the
hearings may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX
75409 or through personal deliver at the Anna City Hall, 101 N. Powell Parkway, Anna, TX
75409.
Kenneth Pelham
Mayor
October 27, 2005
Mr. Lee Lawrence
City Administrator
City of Anna
101 N. Powell (S.H. 5)
Anna,Texas 75409
Re: Anna Ranch (±737 Acres)
Anna, Texas
Dear Mr. Lawrence:
Attached are nine (9) copies of the Application/Petition for Annexation of the Anna Ranch
property along with the Annexation Application Fee.
As you are aware, the zoning request on this property is active and at the request of the
property owner, JNC Partners, LLC, please only place the annexation for final approval on the
same City of Anna City Council Meeting that the zoning request is recommended for approval.
We look forward to working with the City of Anna staff on this project.
Sincerely,
CARTER & BURGESS, INC.
Jaisgh M. Stephen, P.E.
Project Manager
JMS/shb
022886010103
Enclosures
cc: Mr. Steve Topletz, Andante Development, Inc.
ao'_ '_. -ineel-L' !nc. .u.. . _
APPLICATIONIPETITION FOR ANNEXATION
Include with Application: Legal Description of Property with surveyor's stain
Map Showing location of property
Application Fee: $100
To the Mayor and Governing Body of the City of Anna, Texas
I (we), the undersigned, being owner(s) of property that is within the existing
extraterritorial jurisdiction of the City of Anna, Texas, hereby petition your honorable
body to extend the present city limits so as to include the territory more fully described
in Exhibit A, attached hereto and incorporated herein for all intents and purposes. I
(we) am (are) the owner(s) and/or legally represent the owner(s) of the property
described in Exhibit A, on which less than three qualified voters reside.
(We) certify that this Petition is signed and acknowledged by each and every
corporation and person owning the described land or having an interest in any part
thereof.
The undersigned represent(s) that he (they) and all other owners desire to be annexed
to and made part of the City of Anna, Texas, subject to all laws, rules, and regulations of
said city.
Signature X- Date
Printed Name JiQ C-
Signature Date
Printed Name
Name of Property and location. ��' C- APJM , &')a -IA) CDYAJ7V 3ZOP61c-le-S 5-E6 A et , A.
67 AG, /, 2 , q, -Jt, 3 ) Rp- I-OC,4
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me by
On the day of
2005.
-22,4
Notary Public in and for the State of Texas
My Commission Expires,,—'
Page 1 of I
J. C. SKAGGS
Notary P State of Texas
jr+fit I
My Commission 'mission Expires
August 30, 2009
r ii..
BEING a tract of land situated in the Grandison Stark Survey, Abstract No. 768 and the D. E.
W. Babb Survey, Abstract No. 33, Collin County, Texas, said tract being all of a called 361.545
acre tract shown as Tract One conveyed to JNC Partners, LLC by deed recorded in Volume
5785, Page 3731, Deed Records of Collin County, Texas and a called 171.389 acre of tract
land conveyed to JNC Partners, LLC by deed recorded in Volume. 5778, Wage 4036, Deed
Records of Collin County, Texas and being more particularly described as follows (the bearing
reference for this description is a bearing of N 00050'00" E for the west line of a called 88.71
acre tract of land conveyed from David G. Powell to JNC Partners, LLC by deed recorded in
volume 5746, Page 4845, Deed Records of Collin county, Texas):.
BEGINNING at a point for a corner at a bend in County Road No. 422, said point being the
northeast comer of a tract of land describe in deed to Lee B. Stratton recorded in Volume
2599, Page 752, Deed Records of Collin County, Texas and in the south line of a called 84.80
acre tract of land described in deed to Sharp Gifting Trust recorded in Volume 2366, Page 757,
Deed Records of Collin County, Texas;
THENCE, S 89°23'12" E, a distance of 1884.06 feet to an angle point, said point being the
common north corner of the said 361.545 acre and the 171.389 acre tracts;
THENCE, S 8925'02" E, a distance of 1580.15 feet town angle point;
THENCE, S 89028'14" E, a distance of 560.19 feet to a point for a comer, said point being the
northeast comer of the said 171.389 acre tract;
THENCE, S 01 °18108" W, a distance of 351.05 feet to an angle point;
THENCE, S 01 04445" W, a distance of 1303.32 feet to an angle point;
THENCE, S 02035'34" W, a distance of 1030.93 feet to a point for a comer, said point being
the most easterly southeast comer of Acres Phase t1 esaid recordedl.389 acre in Volume rpointact, and said
north Ione of Creekside M, Page 314,M p Records of
Collin County, Texas;
THENCE, N 89012'17" W, with the north line of Creekside Acres Phase 1, a distance of 228.25
feet to a point for a corner;
THENCE, S 00048'05" W, with the west line of Creekside Acres Phase 1, a distance of 170.11
feet .to a point for a corner, said point being the north comer of a called 10.376. acre tract of
land described in deed to Texas Power & Light Company recorded in Volume 1365, Page 810,
Deed Records of Collin County, Texas;
Page 1 of 5
THENCE, S 51023'57" W, with the northwest line of the said 10.375 acre tract, a distance of
1361.95 feet to a point for a corner, said point being the southerly southeast comer of the said
171.389 acre tract and in the north line of a tract of land described in deed to Billy Clay
recorded in Volume 2606, Page 921, Deed Records of Collin County, Texas;
THENCE, N 89°25'13" W, a distance of 1073.56 feet to a point for a comer, said point being
the southwest corner of the said 171.389 acre tract and in the east line of the said 361.545
acre tract, and said point being in County Road No. 418;
THENCE, S 00050'00"W, with County Road No. 418, a distance of 742.74 feet to a point for a
comer, said point being the southeast comer of the said 361.545 acre tract, said. point being
the northeast comer of a called 33.93 acre tract of land described in deed to Joe Snapp
recorded in Volume 669, Page 831, Deed Records of Collin county, Texas;
THENCE, N 88028'03" W, with the north line of the said 33.93 acre tract, a distance of 1380.35
feet to an angle point;
THENCE, N 88°38'13" W, continuing with the north line of the said 33.93 acre tract, a distance
of 2076.95 feet to an angle point, said point being the northwest corner of the said 33.93 acre
tract and the northeast comer of a tract of land described in deed to R & D Aycock, Ltd.
recorded in Volume 5105, Page 219, Deed Records of Collin County, Texas;
THENCE, N 88003'43" W, with the north line of the said R & D Aycock tract, a distance of
2754.86 feet to a point for a corner in the east line of a tract of land described in deed to Joann
Walkup recorded in County Clerk File No. 95-0014046, Deed Records of Collin County, said
point being the southwest corner of the said 361.545 acre tract;
THENCE, N 00°16'23" E, a distance of 207.51 feet to a point for a comer in the southeast line
of a tract of land described in deed to Dallas Area Rapid Transit recorded in the Deed Records
of Collin County, Texas;
THENCE, N 1904547" E, with the southeast line of the said DART tract, a distance of 1676.04
feet to a point for a corner : in County Road No. 421, said point being the most westerly
northwest corner of the said 361.545 acre tract and the southwest comer of a called 41.25
acre tract of land described in deed to Clyde Askew recorded in the Deed Records of Collin
County, Texas, said point being in the common line of the said Stark Survey and Babb Survey;
THENCE, S 88°10'38" E, with County Road No. 421 and the said Survey line, a distance of
2090.22 feet to an angle point;
Page 2 of 5
THENCE, S 88000'32" E, continuing with County Road No. 421 and the said Survey- line, a
distance of 1933.03 feet to a point for a corner at the intersection of County Road No. 421 and
County Road No. 422, said point being the southeast comer of a called 17.396 acre tract of
land described in deed to James Garvey recorded in County Clerk File No. 95-0040137, Deed
Records of Collin County, Texas;
THENCE, N 01032'53" E, with County Road No. 422, a distance of 811.23 feet to an angle
point at the southeast corner of the above said Stratton tract;
THENCE, N 01 030'34" W, a distance of 1832.44 feet to the Point of Beginning and Containing
23,215,599 square feet or 532.934 acres of land, more or less.
BEING a tract of land situated in the D. E. W. Babb Survey, Abstract No. 33, Collin County,
Texas, said tract being all of a called 88.71 acre tract conveyed to JNC Partners, LLC by deed
recorded in Volume 5746, Page 4845, Deed Records of Collin County, Texas, a called 78.325
acre of tract land conveyed to JNC Partners, LLC by deed recorded in Volume 5824, Page
3728, Deed Records of Collin County, Texas and a called 35.002 acre of tract land conveyed
to JNC Partners, LLC by deed recorded in Volume 5890, Page 5295, Deed Records -of Collin
County, Texas and being more particularly described as follows (the bearing reference for
this description is a bearing of N 00050'00" E for the west line of the above called 88.71
acre tract):
BEGINNING at a point at the intersection of County Road No. 417 and County Road No. 418,
said point being the southwest comer of the said 88.71 acre tract;
THENCE, N 00050'00" E, with County Road No. 418, a distance of 2561.99. feet to a point for a
comer, said point being the southeast corner of a called 361.545 acre tract conveyed to JNC
Partners, LLC by deed recorded in Volume 5785, Page 3731, Deed Records of Collin County,
Texas and the southwest corner of a called 11.26 acre tract of land described in deed to Kerry
Hall recorded in County Clerk File NO. 97-00065301, Deed Records of Collin County, Texas;
THENCE, S 89010'00" E, a distance of 1466.66 feet to a point for a comer, said point being the
most northerly northeast corner of the said 88.71 acre tract and in the west line of Creekside
Acres Phase 2, an addition to the City of Anna, Texas recorded in Volume N, Page 667, Map
Records of Collin County, Texas;
Page 3 of 5
THENCE, S 01044'10"W, with the west line of Creekside Acres Phase 2, a distance of 23.73
feet to a point for a comer, said point being the southwest corner of Creekside Acres Phase 2
and the northwest corner of the said 35.002 acre tract;
THENCE, S 89010'00" E, a distance of 1977.01 feet to a point for a corner in County Road No.
419, said point being the northeast comer of the said 35.002 acre tract; .
THENCE, S 00029'51" W, with County Road No. 419, a distance of 2542.98 feet to a point for
a corner at the intersection of County Road No. 419 and County Road No. 417, said point
being the southeast corner of the said 78.325 acre tract;
THENCE, N 89007'05" W, with County Road 417, a distance of 1931.20 feet to an angle point
at the common south comer of the said 88.71 acre and 78.325 acre tracts;
THENCE, N 8900310" W, continuing with County Road No. 417, a distance of 1527.00 feet to
the Point of Beginning and Containing 8,803,415 square feet or 202.099 acres of land, more or
less.
BEING a tract of land situated in the D. E. W. Babb Survey, Abstract No. 33, Collin County,
Texas, said tract being all of a called 2.249 acre tract shown as Tract Two conveyed to JNC
Partners, LLC by deed recorded in Volume 5785, . Page 3731, Deed Records of Collin County,
Texas, and being more particularly described as follows (the bearing reference for this
description is a bearing of N 00050'00" E for the west line of a called 88.71 acre tract of land
conveyed from David G. Powell to JNC Partners, LLC by deed recorded in volume 5746, Page
4845, Deed Records of Collin county, Texas):
BEGINNING at a point for a corner in the northwest line of State Highway No. 5, said point
being in the north line of the said Babb Survey and the northeast corner of the said 2.249 acre
tract;
THENCE, S 19046'17"W, with the northwest line of State Highway No. 5, a distance of 797.00
fleet to a point for a corner, said point being in the east line of a called 14.71 acre tract
described in deed to Lawson Living Trust recorded in County Clerk File NO, 00-0038089,
Deed Records of Dallas County, Texas;
Page 4 of 5
4
THENCE, N 00049'04" E, a distance of 757.00 feet to a point for a corner in the north line of
the said Babb Survey, said point being the northeast corner of the said 14.71 acre tract and in
County Road No. 365;
THENCE, S 88028'18" E, with County Road No. 365 and the north line of the said Babb
Survey, a distance of 258.85 feet to the Point of Beginning and Containing 2.249 acres of land,
more or less.
The above legal descriptions were prepared as the request of the landowner and are based
solely from deed descriptions with the bearings rotated to match a common deed description
as indicated in the preamble. The legal descriptions were not prepared from an on the ground
survey and no representation is made as to the accuracy of the information herein.
®ate: August 25, 2005
L. ynn KaalecK
Regittered Professional
Land Surveyor No. 3952
�.Q.•' G� ST E'q •9
L LYNN KADLECK
9 3952 P
f •SFE ,gyp?••rC'j
Page 5 of 5
11
�r3 �, ;
COUNTY ROAD NEW NAME
*285
Ashmore Street
*827
East and West
Wesley Road
*827
*287
North and South
Littrell Drive
Harlow Lane
*937
Leslie Lane
*286
Weaver Lane or ??
290
j North and South
Addison Avenue
290
East and West
Thorton Drive
372
continues as Thorton Drive
*284_
r Coffman Street
�To be annexed
366 and 421
Foster Crossing RD
422
North and South
Luscom_be Drive- Steet name need to be changed
Luscombe LN located at Pecan Grove
422
East and West
Aycock Drive To be annexed
(Town Center)
Mantua Road
_
373 and 1106
*426
Anderson Road
_ 2862
Rosemund Pkwy
*427
_
Lindsey Lane
*419
_
j Hendricks Ave
*478
Chaney Drive__
*479
Adams Drive
*429
Bryant Drive
423
Copeland Drive__
370
_
Rollins Road
367_
North and South
Ferguson Pkwy
371 _
Geer Crossing
367
East and West
Need to Name This
* = County RD not annexed
ITE 14: Consider/Discuss/Action on an Annexation and Development
-Standards Agreement City of Anna — West Family Tract. _
The West family has submitted the attached agreement for your consideration. They are
requesting that this agreement be adopted in lieu of annexation. Because we did not
receive the agreement until Friday morning, we have not had time to review and digest
the agreement. Furthermore, Mr. McCoy has not had time to review and submit
comments to us.
I am certain that we will have suggested revisions to this language. We have put the item
on the agenda and are submitting the agreement as submitted so that you have the
option of acting on it at your January 10 meeting, if you so desire.
Annexation and Development Standards Agreement
City of -Anna — West Family Tract �'-
This development agreement ("Agreement") is made and entered into by and between
ANNABEL WEST BALDWIN, IMOGENE CRIGGER WEST, TURNER W. WEST II,
JULIA ANN WEST ELLER, ROBERT LEWIS WEST, JAMES THOMAS WEST,
MARY BETH WEST BOSTON AND ALVA RUTH WEST RIGSBY (hereinafter
collectively referred to as the "West Family"), the current owners of the Property
(hereinafter defined), the City of Anna, Texas, a municipal corporation (the "City"), and
Land Advisors, Ltd. ("LA"), which currently is under contract to purchase the Property
from the West Family, to be effective as of the day of , 2006 (the Effective
Date").
Whereas, the City is a Home Rule Municipality located wholly within Collin County
Texas (the "County") with a population as of the Effective Date of greater that 5,000 and
has exercised its powers as such to initiate and proceed with involuntary annexation
proceedings with respect to the Property to avoid substandard development within the
City's extraterritorial jurisdiction as determined under Chapter 42 of the Texas Local
Government Code; and
Whereas, this Agreement is intended to verify and recognize the City's claim to
involuntary annexation powers granted by the State of Texas by becoming constituted as
a Home Rule Municipality by the lawful adoption of a municipal charter and the
satisfaction of all legal requirements required in connection therewith as evidenced by the
charter and other applicable documentation attached hereto as Exhibit "A" and fully
incorporated herein by reference for all purposes; and
Whereas, the West Family owns approximately acres of land, more or less,
located wholly within Collin County, Texas as more particularly described in Exhibit `B"
attached hereto and fully incorporated herein for all purposes (the "Property"); and
Whereas, the West Family and/or LA desires to develop the Property as a master
planned mixed use community utilizing the development standards of the City existing as
of the Effective Date; and
Whereas, the West Family desires to retain the right to develop a master planned
community including a mix of uses allowed within the development standards of the City
existing as of the Effective Date; and
Whereas, the West Family desires to retain the right to impose certain restrictive
covenants upon the Property and to take other similar actions to optimize the longevity of
the Property as a viable development in connection therewith; and
-I-
Whereas, the West Family is willing to reasonably cooperate with the City in order to
properly address future right-of-way needs for S.H. 121 and other major City
thoroughfares corresponding to the Master Thoroughfare Plan of the City existing as of
the Effective Date; and
Whereas, the City is willing to terminate all pending actions for involuntary annexation
of the Property to afford the West Family the opportunity to create a plan for
development of the Property and not to initiate or pursue any new or further annexation
proceedings until the West Family has been afforded such opportunity.
Now, therefore, for and in consideration of the foregoing premises and the agreements
hereinafter set forth, the City, the West Family and LA hereby agree as follows:
1. The Property shall be developed as a master planned mixed use
community utilizing the development standards of the City existing as of the Effective
Date. The West Family shall retain the right to develop the master planned mixed use
community, including a mix of uses allowed within the development standards of the
City existing as of the Effective Date.
2. The West Family expressly retains the right to impose certain restrictive
covenants upon the Property and to take other similar actions to optimize the longevity of
the Property. as a viable development in connection therewith.
3. The West Family shall reasonably cooperate with the City in order to
properly address future right-of-way needs for S.H. 121 and other major City
thoroughfares corresponding to the Master Thoroughfare Plan of the City existing as of
the Effective Date.
4. The City hereby agrees to terminate all pending actions for involuntary
annexation of the Property to allow the West Family to create a plan for development of
the Property and not to initiate or pursue any new or further annexation proceedings until
the West Family has been afforded such opportunity.
5. The terms and provisions of this Agreement shall be binding upon and
enforceable by the City, the West Family and their respective successors and assigns,
specifically including, but not limited to, the current and future owner(s) of the Property
or any portion thereof.
6. The parties acknowledge and agree that LA is entering into this
Agreement solely for the purposes of evidencing its acknowledgment, consent and
joinder to the execution of this Agreement by the West Family by virtue of LA's interest
in the Property as the current named purchaser pursuant to an existing contract of sale to
purchase the Property from the West Family.
SIGNATURE PAGE IMMEDIATELY FOLLOWING THIS PAGE
-2-
CITY:
CITY OF ANNA, TEXAS
By:
Lee Lawrence,
City Manager, City of Anna
Attest:
City Secretary City of Anna
Annabel West Baldwin
Imogene Crigger West
Turner W. West II
Julia Ann West Eller
W
Land Advisors, Ltd.,
a Texas limited partnership,
By: Land Advisors Management, L.L.C.,
a limited liability company,
its general partner
By:
Dan O. Tomlin III, President
Robert Lewis West
James Thomas West
Mary Beth West Boston
Alva Ruth West Rigsby
ITEM 15: Consider/Discuss/Action on an Ordinance forAnnexation of
the J.C. Neill Survey, Abstract 659, being an area generally bounded.
by FM 455, FM 2862, AND SH 121, including property owned by T ' W. -
West Estate, Alan J. Walters, Elizabeth Hendricks, and the Texas
Department of Transportation.
This item was tabled at your December 13 meeting. As noted under Item 14, the property
owners are asking that the City accept a Development Standards Agreement in lieu of
annexation of the property at this time.
V1119 ff-refil"Hol
ANNEXATION OF 321.82 ACRE TRACT (T. W. WEST ESTATE, ALAN J.
WALTERS, ELIZABETH HENDRICKS AND THE TEXAS DEPARTMENT OF
TRANSPORTATION)
WHEREAS, the City Council of the City of Anna, Texas, has determined that
certain property, described in Exhibit A, should be annexed to the City of Anna;
and
WHEREAS, said properties are adjacent to and adjoin the present boundaries of
the City of Anna; and
WHEREAS, a service plan providing for the extension of municipal services into
the proposed annexed area and attached to this ordinance as Exhibit B and
hereby made part of this ordinance was prepared prior to publication of notice of
hearings and reviewed at said hearings; and
WHEREAS, after hearing the arguments for and against the annexation, the City
Council has voted to annex said territory to the City of Anna, Texas; now
therefore
Section I. The land and territory described in Exhibit A, attached hereto and
hereby made an integral part of this Ordinance, lying adjacent to and adjoining
the present boundaries of the City of Anna, Texas, is hereby added and annexed
to the City of Anna, Texas, and said territory hereinafter described shall hereafter
be included within the boundary limits of the City of Anna, Texas, and the present
boundary limits of such city are altered and amended so as to include said area
within the corporate limits of the City of Anna, Texas.
Section 2. The above described territory and the area so annexed shall be a part
of the City of Anna, Texas, and the inhabitants thereof, if any, shall be entitled to
all of the rights and privileges of all citizens and shall be bounded by the acts,
ordinances, resolutions, and regulations of the City of Anna, Texas.
Section 3. The service plan providing for the extension of municipal services into
the annexed area and attached to this ordinance as Exhibit B is hereby adopted.
The City Secretary is hereby directed to file with tfie County Clerk of Collin
- County, Texas, a certified copy of this ordinance.
PASSED on this the 13th day of December, 2005, by the following vote of all
members of the City Council as present:
AYES
NAYS
ABSTAIN
Mayor
ATTEST:
City Secretary
y
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Being a 321.82 -acre tract of land situated in the J.C. Neil Survey, Abstract No. 659 and the
David Van Winkle Survey, Abstract No. 937, in Collin County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a point that bears North 1' 45'21" East, a distance of 311.29 feet from the
intersection of the centerline of County Road Number 509 with the north right-of-way line of
State Highway 121
THENCE leaving the centerline of said County Road Number 509 bearing South 88014'39"
East, a distance at 427.70 feet to a point for corner in the north right-of-way line of said State
Highway Number 121;
THENCE North 51°34'0" East, following the north right-of-way of said State Highway a
distance at 4,742.66 feet to a point for comer;
THENCE leaving the north right-of-way of said State Highway Number 121 bearing South
0'55'0" West, a distance at 5,199.78 to a point in the south right-of-way of Farm to Market
Highway Number 455 feet to a point for corner;
THENCE following the south right-of-way of Farm -to Market Highway Number 455 North
4
89°0'0"West, a distance at 420.64' feet to a point for,corner;
THENCE North 8608'0" West, a distance at 100.12' feet to a point for corner;
THENCE North 89°0'0" West, a distance at 686.60' feet to a point for corner;
_ THENCE North 1°0'0"East, a distance at 5.0' feet to a point for corner;
THENCE North 8900'0" West, a distance at 168.07' to a point for corner;
THENCE North 1°32'33" East leaving the south right-of-way of Farm to Market Highway
455 a distance at 1,091.91' feet to a point for corner;
THENCE North 88°27'27" West a distance at 2,747.49' feet to a point for comer in the
centerline of County Road Number 507;
1 OF 3
THENCE South 1°19'43" West with the centerline of County Road Number 507 a distance
at 209.97 feet to a point for corner;
THENCE leaving the center line of said County Road Number 507 and crossing the south
and the north right-of-way line of State Highway Number 121 to a point in the centerline of
Sister Grove Creek bearing North 89°3745" West'a distance of 1,869.81 feet to a point for
corner;
THENCE FOLLOWING NG THE MEADERS OF SISTER. GROVE CREED WITH THE
FOLLOWING CALLS:
THENCE North 41'18'19" East, a distance at 37.23 feet to to a point for corner;
THENCE North 9°52'29" East, a distance at 29.04 feet to to a point for comer;
THENCE North 1°28'47" East, a distance at 66.68 feet to to a point for comer;
THENCE North 5°35'28" West, a distance at 127.12 feet to to a point for comer;
THENCE North 16020'37" West, a distance at 68.20 feet to to a point for corner;
THENCE North 43°21'48" West, a distance at 62.98 feet to to a point for comer;
THENCE North 30°21'27" West, a distance at 63.32 feet to to a point for corner;
THENCE North 54042'40" West, a distance at 79.30 feet to to a point for corner;
THENCE North 19°47'39" West, a distance at 458.78 feet to to a point for corner;
THENCE North 17°34'6" West, a distance at 86.81 feet to to a point for comer;
THENCE North 35034'53" West, a distance at 85.97 feet to to a point for comer;
THENCE North 707'52" West, a distance at 89.20 feet to to a point for comer;
THENCE leaving the centerline of Sister Grove Creek bearing South 89'36'1 6"East, a
distance at 461.52 feet to a point for corner;
THENCE North 76'16'54" East, a distance at 259.46 feet to a point for comer;
THENCE South 89°42'56" East, a distance at 628.79 feet to a point for corner;
2 Or 3
THENCE North 71°55'35"East, a distance at 1004.75 feet to a point for comer;
THENCE South 1°45'20"West, a distance at 238.8451 feet to the POINT OF
BEGINNING AND CONTAINING APPROXIMATELY 321.82 ACLS OF LAND
MORE OR LESS SAVE ANIS EXCEPT THAT PORTION ALREADY WITHIN THE
CITY LIMITS OF THE CITY OF ANNA.
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ANNEXATION SERVICE
PLAN
321.82 ACRE WEST ESTATE TRACT
DECEMBER, 2005
51 •s i •: r � 1
Code Enforcement includes activities of inspecting properties and buildings and securing compliance with
adopted ordinances and codes relative to the following:
(1) Tall grass and weeds (except for agricultural and ranch properties)
(2) Trash and debris
(3) Stagnant water and unsanitary conditions
(4) Junked vehicles and parts
(5) Junked appliances and materials
(6) Enforcement of the International Property Management Code pertaining to maintenance
of private property and habitability of existing housing
City code enforcement activities will be conducted in newly annexed territories under the same terms and
on the same schedule and using the same procedures as for other areas inside the corporate limits.
Code enforcement services will be implemented immediately upon the effective date of the annexation of
the property.
SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES
Refuse Service
Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance
with existing city ordinances. Generally, the ordinances provide single family residential pick-up service
of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streetside twice per
week for a fee that is established by the city council. Service to multifamily and non-residential customers
is provided by the City through a contractor and service schedule and facilities depends on the needs of
the customer. Most Targe objects can be picked up on an as -needed basis. The solid waste customer
Page 1 of 5
must arrange for large object pick-up by calling the City of Anna (972-924-3325). Present solid waste
collection service routes will be extended to cover annexed areas.
The City currently contracts with private firms that provide solid waste collection services. The individual
customer will be provided information regarding solid waste collections services when the customer
makes his/her water and/or sanitary sewer service deposit.
These services will be implemented within sixty (60) days of the effective date of the ordinance of which
this service plan is a part. Residents of the newly annexed area that have existing contracts with solid
waste service providers have one year from the date of annexation or until termination date of the existing
contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste
collection is mandatory for City of Anna residents and businesses operating within the city limits.
PLANNING, ZONING AND MAPPING
The function of planning, zoning, and mapping is to implement ordinances relating to zoning
classifications within the City and to provide mapping resources.
Zoning functions include the following:
(1) Provide proper zoning classification of properties within the City. Zoning is a tool to
designate the uses of property, such as residential, business, agricultural, industry, etc.
Proper zoning ensures the best use for the property and, at the same time, protects
adjacent properties from mixed uses that reduce property value and lower the quality of
life for adjacent property owners and residents. It also regulates parking, building
heights, lot coverage, noise pollution, setbacks, and regulations relating to the use of
property.
(2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum
building area, storage, heights, and other items.
(3) Implement and enforce subdivision and plat requirements.
(4) Provide assistance to citizens building on their property and handle complaints relating to
land use and zoning.
Mapping and drafting functions include the following:
(1) Provide mapping resources of new territories, zoning, streets, water and sewer lines,
easements, right-of-ways, subdivisions, lots, and other related matters.
(2) Assist citizens in matters related to their properties and maps containing requested
information.
Page 2 of 5
These services will be provided to residents and property owners in newly annexed territories on the
some basis as they are provided to residents and property owners in the existing incorporated area.
Planning, zoning, and mapping services will be implemented immediately upon the effective date of the
annexation of the property.
The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. Fire
protection services provided by the Anna Volunteer Fire Department to the City include response to fire
calls and inspection of commercial and industrial structures for code violations. All fire protection services
provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within
the newly annexed area upon the effective date of the annexation. Volunteers are available for
consultation on fire prevention on request by citizens and/or property owners of the community.
Fire protection services will be implemented immediately upon the effective date of the annexation of the
property.
STREET MAINTENANCE
The street maintenance function is primarily supported from ad valorem (property) and sales taxes.
Maintenance activities are determined by the level of funding and the need for maintenance as
determined by the city council. Once the annexation of property included in this ordinance has been
completed, all streets, roads, and bridges included in the annexed area will be added to the City's street
maintenance program. Roadways in the newly annexed area will receive equal consideration with regard
to maintenance as those within the existing corporate limits.
Street maintenance services will be implemented immediately upon the effective date of this ordinance or
after the acceptance by the City of the streets in a new subdivision, whichever is appropriate.
WASTEWATER SERVICES
Citizens and property owners in newly annexed areas will be offered sanitary sewer service in
accordance with existing City ordinances. Generally these ordinances state that the customer must bear
Page 3 of 5
the cost of construction of sewer system facilities to a point where service to the customer can be
provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on
Environmental Quality, Collin County, and City of Anna regulations and specifications.
The policy for private service lines will remain the same as exists in the current city limits. That is, the
City will maintain main transmission lines only. Only one connection per structure is permitted without
specific written approval from an authorized official of the City.
Sanitary sewer service rates will be assessed at the same rate as established for other city customers in
the same use classification.
WATER SERVICES
The property annexed through this ordinance is located partially within the area certificated for water
service to the North Collin Water Supply Corporation ("North Collin") and partially with the area
certificated to the Westminster Water Supply Corporation ("Westminster"). The City of Anna has an
agreement with North Collin that provides for an orderly transfer of certification to the City of Anna if a
property is developed at specified densities. Should development at such densities occur in the North
Collin certificated area, the City of Anna reserves the right to purchase the area proposed for
development from North Collin and provide service to the area.
If the area within the Westminster certificated area cannot be served by Westminster to the standards
required by City of Anna regulations, the City reserves the right to request that the area be served by the
City. Further, should Westminster no longer have a certificate to provide water service in the area, the
City of Anna reserves the right to provide water service to the area.
Under any circumstances the service and facilities provided in the annexed property must meet City of
Anna subdivision and other regulations and standards for water service, unless written variance from
those regulations and standards is granted by the City.
Page 4 of 5
Residents and property owners in newly annexed areas will be offered water service in accordance with
existing City ordinances. Generally, these ordinances state that the customer roust bear the cost of
construction of water system facilities to a point where suitable connection to the existing system can be
made and service to the customer can be provided. Water service facilities designed to connect an
unserved area to the City's existing system must be approved by the City Council and meet all City
zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance
with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna
regulations and specifications.
The policy for private service lines will remain the same as exists in the current City limits. That is, the
City will maintain water lines from the water main to the water meter. All repairs/maintenance from the
meter to the point of usage is the property owner's responsibility.
Water service charges will be assessed at the same rates as established for other city customers in the
same use classification.
Page 5 of 5
ITEM 20. Discussion of Primrose/L.eonard/Town Center Facilities Agreement.
The attached Summary and proposed Facilities Agreement has been a matter of
discussion between staff the property owners for the past month or so. We are bringing it
to you for consideration at this point for discussion only. There are 2-3 areas in which the
staff has questions/concerns and have asked the property owners to make revisions.
However, the items listed in the Summary are areas in which we have reached at least
general agreement. We want to discuss those areas with the council now to make sure
that you are aware of the direction we are going with this matter and to see if you have
any concerns or questions.
This agreement is very important because it involves several hundred acres in the area
east of the DART rail between E. White Street and CR 421 (Foster Crossing Road).
Primrose, Leonard and Town Center Combined Facilities Agreement
Bullet Point List
1/05/06
Water Distribution System
o Developer Obligation
• Total fee of $2,000.00/lot due at the time of single family
building permit.
■ All onsite water distribution lines, services, fire hydrants, valves,
etc. I roes are }n be limited to these 8" in diameter- nr c ll
o City Obligation
■ Construct an 18" waterline from the existing 12" stub out on the
east side of the Dart rail, threugh the DrimrnSe L=--A-r,-.Fd- Mn,J T-9WR
(menteF PFGjen}c inn6 diRg any con,'neS Piro hydr-aR} aR d valves
e�I FF -d along the east side of the DART rail line.
• Provide adequate water supply to serve the combined
developments
Sanitary Sewer System
o Developer Obligation
• Total fee of $2,000.00/lot due at the time of single family
building permit.
■ All onsite sewer distribution lines, manholes, services, etc.
o City Obligations
■ Regional Lift Station; and force mam toserve the property.
■ Offsite trunk sanitary sewer line from the south property boundary
of the Town Center project to the Clemons Creek sewer line at the
Anna/Melissa city limit line, including obtaining easements, meter
station, etc.
■ Cost of over sizing of onsite lines due to accepting off site flows.
f RY GGsts nccnniated with normi}}inn and nnnc}n,n}inr }he
pK(1C1( sed Sister GFeye treatment
plan}
t RY GGsts nccnniated with builr .Rg of -site }r, mL se eF liRes to the
pFepesed CisteF %`F— o t. eatmont nrc_ plant_
�G GStS ref GGnstr- in}iRg parallel lino }n GlemeRs Greek sewer lino
r
■ Provide adequate sewer supply to serve the combined
developments.
o The City is obligated to seek alternative sewer solutions for the property
when the existing Clemons Creek sewer line has reached 65% capacity.
Roads
o Developer Obligation
• Total fee of $1,000.00/lot due at the time of single family
building permit.
• Pay impact fees of MF ($500/ unit) and commercial
property ($500/ 1000 sf)
• All onsite residential and collector streets.
• 2 lanes of thoroughfares shown on City Thoroughfare Plan
o City Obligation
• Balance of roadways shown on the City of Anna Thoroughfare
Plan.
• Reimbursement by the City of costs incurred by developer to build
two lanes of the thoroughfares
General
o Developer shall dedicate easements on the property as required by the
city at no cost.
o City shall provide condemnation for offsite improvements.
agreement.
o Developer has option to construct improvements included in the City's
obligations if City fails to perform, with reimbursement in the order as
follows, as available:
• The escrow account
• Fee credits
• Pro-ratas
`FACILITIES AGREEMENT — DRAFT 10-12-05
NEW TOWN CENTER, PRIMROSE, AND LEONARD FACILITIES AGREEMENT
THIS FACILITIES AGREEMENT (this "Agreement") is entered into as of the Effective Date
(hereinafter defined) by and between the CITY OF ANNA, TEXAS, a municipal corporation,
existing under the laws of the State of Texas (the "City"), and Primrose Partners ("Collins")
and Anna _ Town Center No.1/ BRGT, Anna Tofvn Center No.2I BRTO, Anna Town Center
No.3/ WARN, Anna Town Center No.6/SIIRP, Anna Town Center No.61 HSLT Anna Town
Center No.6/LNdZD, and 40 PGE ("Skorbum") and/or its assigns (collectively, "Developer').
RECITALS:
A. Developer desires to develop a tract of land located within the City and consisting of
approximately 711.1 acres commonly known as New Town Center, Primrose and Leonard (the
"Property"), which tract is illustrated on the attached Exhibit A and described by metes and
bounds on the attached Exhibit B. Skorburg has a right to purchase the Leonard Property
pursuant to a contract of sale between O.P. Leonard, Jr. Investment Company, Ltd. and Nancy
Alice Leonard Investment Company, Ltd. as seller, and Skorburg as purchaser dated Date (as
may be amended, the "Contract").
B. Developer desires to develop the Property to include an estimated 2,200 single-family
lots (the "Single Family Development") and a mix of higher density residential, commercial,
retail, and civic uses (the "Mixed Use Development") .
C. On Date , the City annexed the Primrose Property and, pursuant to Ordinance No.
Number , rezoned it pursuant to Ordinance No. lNumber to include development rights that
are consistent with the proposed Single Family Development and Mixed Use Development.
Cl. On LDate , the City annexed the New Town Center pursuant to Ordinance No. Number ,
and rezoned it pursuant to Ordinance No. Number to include development rights that are
consistent with the proposed Single Family Development and Mixed Use Development.
C2. On Date , the City will annex the Leonard Property pursuant to Ordinance No.
Number , and rezon it pursuant to Ordinance No. Number to include development rights that
are consistent with the proposed Single Family Development.
D. Development of the Property requires the construction of water, sanitary sewer, and
transportation off site improvements as well as certain on-site oversized water and sanitary sewer
lines and thoroughfare and collector streets (collectively, the "Public Improvements"):
a. Water: The Public Improvements shall consist of construction of all water facilities
outside the boundaries of the Property. They shall also include any facilities constructed onsite
that are not necessary solely for the development of the Property. These improvements may
include, but are not limited to water towers, oversize lines (above 8"), storage tanks, and
pumping stations.
C&B 022574010TA01 1 January 30, 2004
b. Sanitary Sewer: The Public Improvements shall consist of construction of all sewer
facilities outside the boundaries of the Property. They shall also include facilities constructed
onsite that are part of the sanitary sewer collection system. These facilities may include, but are
not limited to lift stations, force mains, meter stations, and oversize lines (above 8").
c. Thoroughfares: The Public Improvements shall consist of construction of all
roadway facilities outside the boundaries of the Property, including railroad crossing
improvements, north and southbound exit ramps at US 75 and Foster Crossing Road, relocation
of franchise utilities, including overhead and underground electric, gas, fiber optic and telephone
infrastructure, and traffic signalization. They shall also include one half (1/2) of the
thoroughfares onsite that are part of the City's thoroughfare plan. These roadway facilities may
include, but are not limited to design, engineering, paving, drainage, lighting, landscape,
sidewalks, irrigation, City inspection fees and associated utilities. The design and cross section
of all such road improvements are shown on attached Exhibit H.
The proposed Public Improvements are more particularly described on Exhibit C attached
hereto and made a part hereof. The Public Improvements are on the City's Master Water, Sewer,
or Thoroughfare Plans, or will be added to the respective plans upon execution of this
Agreement, and are needed to serve the Property as well as other nearby property.
E. The City desires to have the Public Improvements constructed. Developer is willing to
cause such Public Improvements to be constructed upon the condition that all costs paid or
incurred by Developer and others for such Public Improvements are reimbursed from fees paid
(or credits for said fees) to the City in connection with the development of the property benefited
by such Public Improvements. The fees reimbursed to Developer are more fully described in
Paragraphs 6c and 6d of this Agreement.
F. Portions of the Property are adjacent to State Highway 5 and FM 455; no improvements
are required to be designed or constructed for State Highway 5 and FM 455. Developer shall be
responsible for dedication of additional land adjacent to all perimeter roads to provide one half of
the ultimate right of way needed for all thoroughfares within or adjacent to the Property. The
Property includes three( 3) thoroughfares as shown on the City's Thoroughfare Plan. The
Developer is required to design and construct one- half (1/2) of these thoroughfares within the
Property, from the south line of the property to the north to the proposed intersection of F.M. 544
commensurate with the construction of the portion of the Property contiguous to each
thoroughfare. The City agrees to build the other half of the thoroughfares as the roads are
warranted at the City's discretion.
G. Developer and the City desire to set forth their respective obligations with respect to
development of the Property and design and construction of the Public Improvements, including
the obligation of Developer to pay certain capital improvement fees and the right of Developer
and others to be reimbursed for costs of providing the Public Improvements.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in
this Agreement, the City and Developer agree as follows:
1. DEVELOPMENT FEES.
C&B 022574010TA01 2 January 30, 2004
The City agrees that the following water capital improvement fees, wastewater capital
improvement fees, road capital improvement fees and park fees (collectively, the "Development
Fees") shall apply to the development of the Property. Developer agrees to the Development
Fees to insure that the Public Improvements are available to provide water, sanitary sewer
service, roadway improvements, and park improvements to the Property.
(a) Water and Wastewater Capital Improvement Fees. The "Water and Wastewater Capital
Improvement Fee" for all development within the Property shall be fixed at $4,000.00 per single-
family residential lot for the full development within the Property. The "Water and Wastewater
Ca itp al Improvement Fee" shall be fixed at $2,000.00 per multi -family residential unit within the
Property. The "Water and Wastewater Capital Improvement Fee" for all non-residential
development within the Property shall be fixed at the rates charged by the City at the time of this
agreement. Water and Wastewater Capital Improvement Fees will be paid to the City by the
builders Developer sells lots to at the time a building permit is issued on each lot on the Property.
(b) Road Capital Improvement Fees. Developer shall build thoroughfare and collector
roads as described in Paragraph F. The City shall collect a "Roadway Capital Improvement Fee"
of $1,000 per single family residential lot, $500 per multi family dwelling unit, and $500 per
1,000 square feet of air conditioned space for non residential development from the builder
Developer sells lots to at the time a building permit is issued on each lot on the Property.
(c) Park Fees. The "Park Fee" for all development within the Property shall be fixed at
$250.00 per residential unit for the full development within the Property. Park Fees will be paid
to the City recording of the final plat for each subdivision. The Developer shall dedicate park
land to the City at the rate of one acre per 100 units of Single Family Residential. Non-
residential development shall not require any park land dedication. Developer shall receive half
credit for Private HOA parks and open space land dedications.
(d) Escrow Account. All Water, Wastewater Capital Improvement Fees, Roadway Capital
Improvement Fees, and Park Fees paid pursuant to the terms of this Agreement shall be
deposited into an escrow account (the "Escrow Account"). The Escrow Account shall be
established by the City and shall be used only to pay costs associated with design, construction,
and inspection of the Public Improvements, including interest and financial administration costs
incurred as a result of loans required to fund the Public Improvements. Upon written request of
Developer, the City shall submit to Developer an accounting of all funds paid from the Escrow
Account, including copies of invoices paid and checks issued in payment of such invoices.
(e) Fee Limitations. The obligation of Developer to pay the Development Fees as required
by this Agreement shall constitute the sole and exclusive obligation of Developer with respect to
payment of the costs and expenses related to the design and construction of the Public
Improvements. The City has the obligation to pay the amount by which the actual costs and
expenses to design and construct the Public Improvements exceeds the Development Fees. The
City agrees that upon payment of the Development Fees, Developer shall have no further
obligations with respect to the costs or expenses of the Public Improvements and that the City
shall not condition the issuance of any development permits upon the payment by Developer of
any additional amounts. The City further agrees (pursuant to the authority of Section 380 of the
Texas Local Government Code), that to the extent capital improvement fees or any other form of
C&B 022574010TA01 3 January 30, 2004
capital recovery fees or charges are assessed and collected against the Property, the City shall
rebate to the Developer such additional fees or charges.
2. WATER AND SANITARY SEWER.
(a) Developer Obligations.
Developer will be responsible for all on-site 8 -inch and smaller water and wastewater
improvements required to serve the Property. The DEVELOPER shall construct as part of the
Public Improvements water lines from the existing CITY water system to and through the
proposed Development in sufficient sizes to serve the Development in accordance with the
Subdivision Controls of the CITY and as are approved by the CITY Engineer or his agent prior
to approval of a Development Permit. Additionally, subject to receipt of necessary easements,
the DEVELOPER shall construct as part of the Public Improvements wastewater lines: 1) from
the existing CITY wastewater treatment plant to the Development in a size sufficient to serve the
entire proposed Development; and, 2) through the proposed Development in sufficient sizes to
serve the Development in accordance with the Subdivision Controls of the CITY and as are
approved by the CITY Engineer or his agent prior to approval of a Development Permit.
Such plans shall be approved by the CITY Engineer or his agent prior to approval of a
Development Permit for each phase of development. Such approval shall not be unreasonably
withheld. DEVELOPER shall have the right to conduct grading and excavation on the Property
without obtaining a Development Permit.
The developer has the right to construct the improvements listed above in -lieu of placing funds
in the Escrow Account. The value of the constructed improvements shall equal or exceed the
value of the water and wastewater capital improvements fee.
Since the developer is constructing all on-site water and sanitary sewer improvements, the City
will not charge water or sanitary sewer tap or capital improvement fees associated with such
improvements, except those Water and Sanitary Sewer Capital Improvement Fees described in
this Agreement. At Developer's option, Developer shall install water meters and associated
appurtenances, to be furnished by the City at cost plus 10%, or shall pay the City a meter
installation fee of $200 at the time of issuance of building permits in which case the City shall be
responsible for meter installation. If any additional tap fees or capital improvement fees, or any
increases in the meter installation fee (beyond the $200 per meter), are imposed by the City on
the Property, the City shall promptly refund to Developer all such capital improvement fees, tap
fees, and increases in the meter installation fees that are paid.
(b) City Obligations.
The City will be responsible for the following obligations contained within this
agreement.
a. The City agrees to provide potable water to serve the Property in an amount, quality,
and quantity to meet Texas Commission on Environmental Quality ("TCEQ") and
Texas Department of Insurance standards. The City will be responsible for such
C&B 022574010.FA01 4 January 30, 2004
water supply to the Property as long as the Property is part of the City, or the City's
CCN service area. Developer and City expressly acknowledge that portions of the
Property are not located within the City of Anna CCN service area (the "North Collin
Area"). The Skorburg North Collin Area shall be brought into the City's CCN
service area in accordance with that certain agreement dated , entered into
between the City of Anna, Skorburg and North Collin Water Supply relating to the
transfer of the CCN to Anna,
b. As part of the cities water master plan, the city will cause to be constructed a 18"
water line along the DART ROW to the City's connection point along FM 455 and a
12 inch water line along the collector roadway within the development to SH 5. In the
event the developer constructs the improvements the cost of the improvements shall
be reimbursed to Developer from the collection of the "Water and Wastewater Capital
Improvement Fee" collected by the City pursuant to this Agreement.
c. The City shall grant the Developer the right to connect to the existing sewer line
located in Slayter Creek to serve the equivalent of a maximum of 600 single family
residential units.
d. As part of the cities wastewater master plan, the City will cause a gravity sewer trunk
line to be extended through the Property to tie into the North Texas Municipal Water
District trunk line ("North Texas Line") in the City of Melissa. In addition, the City
will construct a meter station at a site to be determined along the line.
e. As part of the cities wastewater master plan, the City will cause a regional lift station
with a minimum ultimate pumping capacity of 1.79 Million Gallons per Day (MGD)
and the force main to connect to the North Texas Line, or the developer will cause the
improvements to be constructed in -lieu of wastewater capital fees.
f Reservation of Additional Permanent Wastewater Treatment Capacity. The City
agrees to construct or cause to be constructed additional permanent wastewater
treatment capacity adequate to serve the Property, which additional capacity (the
"Additional Capacity') will be a minimum of 442,200 gallons per day. The City has
applied, or will, for a new discharge permit from TCEQ that will include the
Additional Capacity, and the City will use all reasonable efforts to cause the new
permit to be finally approved by TCEQ as soon as possible. The City represents and
warrants that funds for the construction of the Additional Capacity are currently
available and have been dedicated for such purpose.
i. For the first expansion of the wastewater treatment plant the City will use all
reasonable efforts to (a) award a contract for construction of the Additional
Capacity within twelve (12) months after the approval of the preliminary plat
and (b) complete construction of the Additional Capacity no later than twenty
four (24) months after the approval of the preliminary plat. The Additional
Capacity shall be reserved for the Property until the project is developed in
accordance with the approved preliminary plat.
C&B 022574010TA01 5 January 30, 2004
ii. For the second expansion of the wastewater treatment plant the City will use
all reasonable efforts to (a) award a contract for construction of the Additional
Capacity within forty eight (48) months after the approval of the preliminary
plat and (b) complete construction of the Additional Capacity no later than
sixty (60) months after the approval of the preliminary plat. The Additional
Capacity shall be reserved for the Property until the project is developed in
accordance with the approved preliminary plat.
g. Reservation of Temporary Wastewater Treatment Capacity. Until such time as the
Additional Capacity is available, the City agrees that wastewater flows from the
Property will be treated by the City's existing wastewater treatment plant at the city's
sole cost and expense, excluding normal and customary charges to residential retail
customers of the cities utility system. In connection with the use of such existing
capacity, Developer shall have the right to construct, as part of the Public
Improvements that are eligible for reimbursement under this Agreement, an extension
of an existing wastewater force main through which wastewater from the Property
will flow to the City's existing treatment plant.
3. ROADS- SKORBURG.
The DEVELOPER shall provide, as a part of the Public Improvements and at no cost to the
CITY, right of way dedication of all thoroughfares and/or arterial streets (however excluding any
state highway) which are located within and on the perimeter of the Development at the time a
Final Plat is approved that is ad j acent to the thoroughfares and/or arterial streets . If and when
DEVELOPER files a Final Plat with respect to and commences development of the portion of
the Development on which the outside two (2) lanes of thoroughfares lying within the
Development are located, as designated in the Thoroughfare Plan of the CITY, DEVELOPER
shall construct such outside two (2) lanes of thoroughfares, or such other two lanes as determined
by the City. Such construction shall be in accordance with the Subdivision Controls of the CITY,
and plans shall be approved by the CITY Engineer or his agent prior to approval of a
Development Permit. The pavement design for non thoroughfare streets shall be six inch (6")
thick concrete pavement with a strength of three thousand pounds per square inch (3,000 psi)
with six inch (6") lime sub grade. The DEVELOPER may install off-site and on-site
thoroughfares in phases as indicated on the approved final plat or as subsequently approved by
the CITY.
The thoroughfares shall have the following open ditch drainage section :
C&B 022574010TA01 6 January 30, 2004
112` RIGHT Or WAY
(FUTURE,
--------------
TYPICAL
--------_--_
TYPICAL SECTION - THOROUGHFARE 'A'
NTS
4. ROADS- PRIMROSE.
Developer will be responsible for all on-site road construction required to serve the Single
Family Development, which will include the following typical sections as shown on the
preliminary plat filed with the City on Date , and described on the attached Exhibit D.
Developer will have no obligations with respect to off-site road improvements other than the
construction of the thoroughfares as outlined in Paragraph F.
1. Typical residential roadway shall be 27 -foot back-to-back rolled or mountable curb and
gutter concrete pavement.
2. Typical collector roadway shall be 31 -foot back-to-back standard curb and gutter
concrete pavement.
3. Typical thoroughfare shall be a divided median road with two 25 -foot back-to-back
standard curb and gutter concrete pavement.
5. PARK DEDICATION -
(a) PRIMROSE- The developer shall dedicate no less than 10.2 acres of parkland for a
community park as described in the Planned Development Ordinance No.
1. The City agrees to reimburse the Park Fees referenced in Paragraph Lc for the market
value of the property, at the rate of $35,000 per acre, for land being dedicated, as well as
any improvements made to the park area.
2. Upon recording the final plat for the first phase of development the developer shall
dedicate a minimum of 5.64 acres of land for the proposed park.
3. Upon recording the final plat for the second phase of development the developer shall
dedicate a minimum of 4.56 acres of land for the proposed park.
(b) SKORBURG- The developer shall dedicate no less than 15 acres of parkland.
C&B 022574010.FA01 7 January 30, 2004
1. The City agrees to reimburse the Park Fees referenced in Paragraph Lc for the market
value of the property, at the rate of $35,000 per acre, for land being dedicated, as well as
any improvements made to the park area.
6. CONSTRUCTION OF PUBLIC IMPROVEMENTS.
(a) Design and Construction. The City shall design and construct all Public
Improvements consistent with the City's subdivision regulations and generally accepted
engineering practices. If the City fails to timely perform its obligations under this Agreement
with respect to the design and construction of the Public Improvements, then (i) upon
Developer's written notice thereof to the City, the City's right to obtain draws from the Escrow
Account shall cease and terminate, (ii) the then remaining funds in the Escrow Account shall be
immediately returned to Developer (or the owner who paid the funds in question into the Escrow
Account), and, (iii) Developer shall have the right (in addition to its other rights and remedies),
but not the obligation, to perform the City's obligations that it has so failed to perform on behalf
of and for the account of the City. If Developer elects to pursue its self-help remedy under
clause (iii) of the immediately preceding sentence, then the City shall pay to Developer on
demand all amounts expended by Developer in performing such obligations on behalf of the
City, together with interest thereon at the maximum non -usurious rate permitted by applicable
law, from the time such amounts are expended by Developer until Developer is reimbursed
therefor by the City, provided that the City has approved (which approval shall not be
unreasonably withheld) the contractor for the project along with the plans and specifications.
(b) Condemnation. Developer agrees to use reasonable efforts to obtain all third -part
right-of-way, consents or easements, if any, required for the Public Improvements. If, however,
Developer is unable to obtain such third -party right-of-way, consents or easements within ninety
(90) days of commencing efforts to obtain the needed easements and right of way, the City
agrees to secure such right-of-way (subject to City Council authorization) through the use of the
City's power of condemnation. Developer shall be responsible for all reasonable and direct costs
and expenses paid or incurred by the City in the exercise of its condemnation powers and shall
escrow with a third party the City's reasonable estimated costs and expenses as funds are needed
by the City (but in no event later than the date the City files a petition for condemnation with the
appropriate County Court at Law). Developer shall have the right, but not the obligation, to
manage, on behalf of the City, the expenditure of such escrowed funds including, but not limited
to, the selection and payment of appraisers. Developer may select attorneys for condemnation if
agreed to by the City Attorney, provided however that in such event the City Attorney should
monitor and approve the activities of Developer's selected attorney. The City will use all
reasonable efforts to expedite such condemnation procedures so that the Public Improvements
can be constructed as soon as possible. If the City's costs and expenses exceed the amount of
escrowed funds, Developer shall deposit additional funds within ten (10) days after written
notice from the City. Any unused escrow funds will be refunded to Developer with ten (10) days
after any condemnation award becomes final and nonappealable. In the event the City or
Developer desire to protest the award granted by the Special Commissioners, the City agrees to
deposit with the County Court the disputed amount in order to secure the right of way. Nothing
in this Section 6(b) is intended to constitute a delegation of the police powers or governmental
C&B 022574010TA01 8 January 30, 2004
authority of the City, and the City reserves the right, at all times, to monitor and control the
activities of Developer in accordance with the laws of the State of Texas.
(c) Reimbursement Amount. The City acknowledges and agrees that Developer, at
Developer's option, may design and construct all or any portion of the Public Improvements
through cost sharing agreements with participating developments provided the City has not
initiated construction of such Public Improvements. The City also acknowledges and agrees that
Developer shall be entitled to be reimbursed for certain costs and expenses paid or incurred by
Developer in connection with the design and construction of such Public Improvements which
shall be deemed to include, but not be limited to, costs and expenses paid or incurred for or in
connection with (i) third -party right-of-way and right-of-way acquisition, (ii) design, (iii)
engineering, (iv) construction management, (v) legal, (vi) all review and inspection fees paid to
the City, (vii) construction costs, including labor and material, and (viii) all similar costs and
expenses paid or incurred by Developer (collectively, the "Reimbursement Amount"). The
Reimbursement Amount will be adjusted to reflect actual costs and expenses when the Public
Improvements have been completed, approved by the City Engineer or his agent and accepted by
the City and when all the eligible costs and expenses that are deemed by this Agreement to be
included as part of the Reimbursement Amount have been finally determined.
(d) Source of Developer Reimbursement. Developer is entitled to reimbursement of
the finally adjusted Reimbursement Amount from the following sources, but only to the extent
needed for such reimbursement: (i) first, , in the form of a payment to Developer from the Water
Capital Improvement Fees, Wastewater Capital Improvement Fees, Roadway Capital
Improvement Fees, and Park Fees collected from builders at the time building permits are issued;
and (ii) second, in the form of payments to Developer from amounts collected from other
owners, developers, or builders who, at any time in the future, tap into or indirectly use the
Public Improvements, whether such payments take the form of pro rata payments, capital
improvement fees, or any other form of capital recovery. Payments by the City to Developer
shall be made within 30 days after the City has collected the amounts. Notwithstanding the
foregoing, however, Developer is not entitled to be reimbursed in excess of the finally adjusted
Reimbursement Amount. To the extent the sources of reimbursement set forth in clauses "(i)",
and "(ii)", above exceed the finally adjusted Reimbursement Amount, such excess shall accrue to
the benefit of the City and shall be retained by the City for construction or payment of additional
wastewater treatment capacity.
7. CONSTRUCTION OF PROJECT IMPROVEMENTS.
If the City desires to employ an engineer and/or other qualified person(s) to provide inspection of
the construction of on-site sanitary sewer lines, water lines, drainage facilities and public roads
situated within the Single Family Development (collectively, the "Project Improvements"), the
City may do so. Developer shall pay to the City an inspection fee of three percent (3%) of total
"hard costs" of construction of the Project Improvements dedicated to the City, including
Drainage, Water and Sewer Utilities, and Paving (specifically excluding design and engineering
expenses and expenses related to obtaining easements or right-of-ways).
Upon completion of the Project Improvements, Developer will certify to the City the total "hard
costs" of all construction. Upon receipt of the certification called for herein and acceptance by
C&B 022574010TA01 9 January 30, 2004
the City of the Project Improvements, Developer shall pay the inspection fee and convey to the
City Developer's right, title, and interest in all public Project Improvements, free and clear of
any and all liens and monetary encumbrances, and the City shall take over and assume full
responsibility for the operation and maintenance of the improvements. Developer agrees to
transfer any and all of its right, title, and interest in the Project Improvements to the City at the
time the City takes over the operation and maintenance of such public Project Improvements.
8. EFFECTIVE DATE.
Notwithstanding anything to the contrary contained herein, this Agreement shall be effective
only upon the satisfaction of each of the following conditions: (a) the approval of this Agreement
by the City Council of the City such that it is the binding and enforceable obligation of the City;
and (b) the acquisition of the Property by Developer or its assignee under the Contract. The date
on which the last of the foregoing conditions is satisfied is called the "Effective Date".
Developer shall advise the City as to the date of acquisition of the Property by Developer or its
assignee.
9. RELEASE.
Upon the full and final satisfaction by the City and Developer of all their respective obligations
and covenants under this Agreement, the City and Developer shall execute a release of this
Agreement (in recordable form) terminating this Agreement as to the portion of the Property in
question and fully releasing the City and Developer, their successors and assigns, from any
further obligations or covenants hereunder relating to the portion of the Property being released.
The release contemplated by this Section 9 shall, at Developer's request, be effective with
respect to a specific phase of the Development, as applicable, upon final satisfaction by the City
and Developer of their respective obligations with respect to such phase of the Property.
10. SUCCESSORS AND ASSIGNS.
All obligations and covenants of Developer under this Agreement shall constitute covenants
running with the land, and shall bind Developer and each successive owner of all or any portion
of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the
owner of any residence that is purchased by such owner from a homebuilder, and (ii) be
subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances
residences constructed on the Property. Without limiting the generality of the foregoing: (a)
Developer may assign this Agreement to the party to whom Developer assigns its rights as
purchaser under the Contract; and (b) Developer as well as any successor owner of all or a
portion of the Property who is bound by this Agreement (Developer or any such successor owner
is referred to herein as the "Owner") may assign this Agreement either in its entirety (if the
assignee is to own all of the Property) or in part (if the assignee is to own only a portion of the
Property) and in such event (i) the Owner conveying such portion of the Property shall be
automatically released from the obligations of "Developer" as to all or a portion of the Property
(as applicable), and (ii) the assignee to whom this Agreement is so assigned in whole or in part
shall be deemed to have assumed the obligations of "Developer" as to the portion of the Property
which is owned by such assignee. In the event of any partial assignment of this Agreement, then
notwithstanding anything to the contrary contained herein, the obligations of Developer under
C&B 022574010TA01 10 January 30, 2004
this Agreement shall be the several (and not the joint and several) obligations of each such
Developer. The terms and provisions of this Agreement shall otherwise bind and inure to the
benefit of the City, Developer and their respective successors and assigns. Each person signing
this Agreement represents and warrants that (i) he/she has the authority to enter into this
Agreement on behalf of (and to bind) the party on whose behalf such person is signing this
Agreement, and (ii) no further authorization or consent from anyone else is necessary to make
this Agreement the binding obligation of the party on whose behalf such person is signing this
Agreement.
11. COMPLETE AGREEMENT.
This Agreement embodies the entire Agreement between the parties hereto and cannot be varied
or terminated except by the written agreement of the parties. The City acknowledges the terms
of this Agreement have been adopted pursuant to Texas Local Government Code Section
380.001. If any provision of this Agreement is illegal, invalid, or unenforceable, then the
remainder of this Agreement shall not be affected, and there shall be added as a part of this
Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as
may be possible and be legal, valid, and enforceable.
12. COUNTERPARTS.
This Agreement may be separately executed in any number of counterparts and by the different
parties hereto in separate counterparts, each of which when so executed shall be deemed to
constitute one and the same agreement.
13. NOTICES. Any notice required or permitted hereunder shall be in writing and may be
delivered in person or by United States Mail, postage prepaid, by registered or
certified mail, return receipt requested, addressed to the parties as follows:
If to the City: If to Skorburg: If to Collins:
201 Powell Parkway 3838 Oak Lawn #1212
Anna, TX 75409 Dallas TX 75219
Anna, TX
IN WITNESS WHEREOF, the City and Developer have executed this Agreement to be effective
as of the Effective Date.
C&B 022574010.FA01 11 January 30, 2004
Primrose
By: By:
Richard M. Skorburg
Title: President
CITY OF ANNA, TEXAS
By:
Name:
Title:
Skorburg
Name: Don Collins
C&B 022574010.FA01 12 January 30, 2004
EXHIBIT A
Property Illustration
Exhibit A — Page 1
ID►:�:il:
Property Descriptions
Exhibit B — Page 1
EXHIBIT C
Public Improvements
Exhibit C - Page 1
EXHIBIT D
On -Site Roads
EXHIBIT E
The Schedule
Exhibit E - Page 1
Primrose, Leonard and Town Center Combined Facilities Agreement
Bullet Point List
1/10/06
Water Distribution System
o Developer Obligation
• Total fee of $2,000.00/lot due at the time of single family
building permit.
■ All onsite water distribution lines, services, fire hydrants, valves,
etc. Lines are to be limited to those required to serve the
Property
o City Obligation
■ Construct an 18" or 24" waterline from the existing 12" stub out on
the east side of the Dart rail, through the Primrose, Leonard and
Town Center projects, including any valves required. (Indicated by
blue line on exhibit below)
■ Provide adequate water supply to serve the combined
developments
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o Developer Obligation
• Total fee of $2,000.00/lot due at the time of single family
building permit.
All onsite sewer distribution lines, manholes, services, etc.
o City Obligations
Regional Lift Station and force main to serve the property.
(Indicated by dashed brown line on exhibit below)
■ Offsite trunk sanitary sewer line from the south property boundary
of the Town Center project to the Clemons Creek sewer line at the
Anna/Melissa city limit line, including obtaining easements, meter
station, etc. (Indicated by solid brown line on exhibit below)
■ Cost of over sizing of onsite lines due to accepting off site flows.
• Any costs associated with permitting and constructing the
proposed Sister Grove treatment plant.
• Any costs associated with building offsite trunk sewer lines to the
proposed Sister Grove treatment plant.
■ Costs of constructing a parallel line to Clemons Creek sewer line.
■ Provide adequate sewer supply to serve the combined
developments.
o The City is obligated to seek alternative sewer solutions for the property
when the existing Clemons Creek sewer line has reached 65% capacity.
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• Total fee of $1,000.00/lot due at the time of single family
building permit.
• Pay impact fees of MF ($500/ unit) and commercial
property ($500/ 1000 sf)
■ All onsite residential and collector streets.
■ 2 lanes of thoroughfares shown on City Thoroughfare Plan
(Indicated as red line on exhibit below)
o City Obligation
• Balance of roadways shown on the City of Anna Thoroughfare
Plan.
■ Reimbursement by the City of costs incurred by developer to build
two lanes of the thoroughfares
General
o Developer shall dedicate easements on the property as required by the
city at no cost.
o City shall provide condemnation for offsite improvements.
o Fees collected can be used for any public improvement included in this
agreement.
o Developer has option to construct improvements included in the City's
obligations, with reimbursement in the order as follows, as available:
■ The escrow account
■ Fee credits
• Pro-ratas
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o Developer shall dedicate easements on the property as required by the
city at no cost.
o City shall provide condemnation for offsite improvements.
o Fees collected can be used for any public improvement included in this
agreement.
o Developer has option to construct improvements included in the City's
obligations, with reimbursement in the order as follows, as available:
■ The escrow account
■ Fee credits
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MINUTES
PLANNING AND ZONING COMMISSION _ . _-
REGULAR MEETING
December 6, 2005
The Planning and Zoning Commission of the City of Anna held a meeting on Tuesday,
December 6, 2005, at 7:00 p.m., at the Community Room of the Texas Star Bank, located
at 402 W. White Street (FM 455), Anna, Texas, to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:04 p.m. by Chairman John Rattan. Members present
included Mr. Rattan, Mr. Joseph Boda, Mr. Keith Green, and Ms. Nancy Pennington. A
quorum was established with attendance of four members.
Mr. William Ballentyne arrived at 7:10 p.m. Ms. Molly Young arrived at 7:16 p.m. and Mr.
Hendricks arrived at 7:25 p.m.
2. Consider/Discuss/Act on recommendation regarding request by JNC Partners, LLC for
annexation of the following tract:
A 737.3 acre tract in the Granderson Stark Survey, Abstract No. 768 and the D.E.W.
Babb Survey, Abstract No. 33, located southeast of Powell Pkwy (Hwy 5), north of CR
417 and west of CR 419, property being owned by JNC Partners, LLC.
After brief discussion Mr. Boda moved that the annexation request by JNC Partners be
recommended to the City Council for approval. Mr. Green seconded the motion, which
passed by the following vote:
Ayes 4 Nays _0 Abstentions 0
3. Consider action on recommendation regarding final plat for Northpointe Crossing, Phase
1 North.
(Mr. Ballentype and Ms. Young arrived during discussion of this item.)
Mr. Ken Lambert, 1701 W. Plano Parkway, Plano, Texas, was recognized to speak on
behalf of the applicant, Lennar Homes. He noted that the plat was complete and had
been reviewed by City staff, planner, and consulting engineer. He referenced a letter
from the City's consulting engineer and noted that the letter indicates that the basic
requirements of the City's subdivision ordinance have been met. However, the City's
consulting engineer was requesting that some additional changes be made to the
construction plans and the developer agreed to make those changes prior to submission
of the plat to the City Council.
Mr. Green moved that the plat be recommended for approval, subject to review and
approval by City staff of the HOA documents and construction plan revisions per request
of Morris Engineers. Mr. Boda seconded the motion, which passed by the following vote:
12-06-05 Minutes.doc Page 1 of 3 12-06-05
Ayes 6 Nays 0 Abstentions 0
_4. Consider approval of corrected minutes for meeting of September 20, 2005, item # 7, _
Involuntary Annexation. _ _ _-
Mr. Green moved that the corrected minutes of the meeting of September 20, 2005, be
accepted. Mr. Rattan seconded the motion, which passed by the following vote:
Ayes 2 Nays 0 Abstentions 4
(Only Mr. Green and Mr. Ratten were present at the September 20, 2005, meeting and
were therefore eligible to participate in this vote.)
5. Consider action to approve Minutes of November 1, 2005 meeting.
Mr. Boda moved that the minutes of the meeting of November 1, 2005, be accepted. Ms.
Young seconded the motion, which passed by the following vote:
Ayes 6 Nays 0 Abstentions 0
6. Election of officer:
a. Secretary
Mr. Green nominated Mr. Joseph Boda to serve as Secretary to the Planning and Zoning
Commission. Ms. Young seconded the nomination. There were no other nominations.
Mr. Boda was selected as Secretary to the Commission by the following vote:
Ayes 6 Nays 0 Abstentions 0
7. Citizen comments and other presentation.
There were no citizen comments
8. Consider/Discuss/Act regarding recommendation for revisions of Land Use Plan
(Mr. Hendricks arrived during discussion of this item.)
Mr. Maurice Schwanke, planning consultant for the City, was recognized to discuss this
item. He presented suggested changes for the Land Use Plan and Thoroughfare Plan for
the area along State Highway 121, particularly to take into account the potential impact of
the Outer Loop and a proposed major intersection associated with the Anna Ranch
project. The proposed changes included changing some of the current industrial area to
commercial,
After extended discussion, Mr. Boda moved that the item be tabled to allow the
Commission members to give more thought to the matter and to take a look at actual
field conditions. Mr. Ballentyne seconded the motion, which passed by the following
vote:
Ayes 4 Nays 3
12-06-05 Minutes.doc Page 2 of 3 12-06-05
9. Workshop:
Discussion — City of Zoning Ordinance
No action was taken on this item. It was agreed that a workshop should be set to
discuss this matter at greater length. The workshop date was set for Saturday morning,
January 7, 2006.
10. Adjourn
There being no further business, the meeting was adjourned at 9:06 p.m.
Jay. attan, Ch6irmaii
Attest:
Joseph EBod, Secretary
12-06-05 Minutes.doc Page 3 of 3 12-06-05
Meeting Report
Park Board
Regular Meeting, November 21, 2005
The Park Board of the City of Anna held its regular meeting on Monday, November 21,
2005, at the Anna City Hall, 101 N. Powell Parkway, to consider the following items.
Call to Order.
The meeting was called to order at 7:32 p.m. by Chairman Jon Hendricks.
2. Roll Call.
Members present included -Chairman Jon Hendricks, Ellizabeth James, John
Loyd, and Molly Young. Member Bill Hemenway arrived during the course of the
meeting.
3. Consider and take action as desired on presentation by Mayor Kenneth Pelham
regarding lighting of parks and athletic facilities.
Mayor Kenneth Pelham was recognized and made a brief presentation regarding
lighting of recreation facilities. He urged the Board to remember that the object of
lighting of recreation areas should be to "light a field, not a city". He said that
directed lighting instead of globe lighting should be used in recreation and park
areas. A slight increase in cost would result in great benefit to surrounding areas
and actual improvements to lighting of the recreation areas. He noted that
lighting to UIL standards could be readily accomplished and still use directed and
controlled lighting fixtures and techniques.
4. Consider and take action as desired on proposal by board member Molly Young
regarding disability access play ground equipment for a handicap park.
Molly Young was recognized to make a short presentation on handicapped
facilities for parks. She distributed information regarding these facilities and
features to members. Facilities addressed included water fountains, picnic tables,
restrooms, and playground equipment.
Maurice Schwanke reminded the Board that facilities in Slater Creek Park would
have to be ADA approved because some of the funding for the park came from the
Texas Parks and Wildlife Department.
5. Update and take action as desired regarding east side park site.
City Manager Lee Lawrence was recognized to note that the City's consulting
engineer was developing plans and specs for Smith Street improvements. That
project would be submitted to the city council for bid authorization in January. He
also noted that he had advised the council that he would probably seek
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authorization to construct two unlighted ball fields while the street work is being
done.
6. Update and take action as desired regarding City Park (TPWD) project.
Maurice Schwanke was recognized to present a formal design for Slater Creek
Park, a copy of which is attached to these notes. The Board generally agreed that
this design was an optimal use of the property.
7. Development status report.
Mr. Lawrence presented updated population projections and building permits. He
noted that an uptick in building permits during the last half of the year would
probably bring totals to near 500 single family permits for the year. He also noted
that the City's population would probably exceed 6,500 by December 31, 2006.
8. Consider update to Park Plan.
No action was taken on this item.
9. Financial report.
City Manager Lee Lawrence delivered to members copies of the most recent
financial report of the city, including the Parks and Recreation Department, and
the FY 2006 Parks and Recreation Department budget. He also presented and
discussed the status of the Parks Trust Fund and expected revenues for the fund
for FY 2006, a copy of which is attached to these notes.
8. Discuss items as desired by Park Board members.
No additional items were discussed by Park Board members.
9. Staff reports and items for discussion.
Mr. Lawrence noted that recent discussions with Mr. Gerald Perrin of TXU
indicated that the major electrical transmission line easements in the Anna area
could be used for linear parks and equestrian trails. Mr. Perrin stated that TXU
welcomed such use inasmuch as it aided the company in maintenance of the
easements and provided recreation and open space areas for citizens of the area.
The Board also discussed ways in which the City could honor citizens who had
made extraordinary contributions to the community and ways in which to
encourage such contributions by others in the future.
10. Adjourn.
The meeting was adjourned at 9:47 p.m.
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AGENDA
Park Board
Regular Meeting, December 19, 2005
The Park Board of the City of Anna will hold its regular meeting at 7:00 pm, Monday, December
19, 2005, at the Anna City Hall, 101 N. Powell Parkway, to consider the following items.
1. Call to Order.
2. Roll Call.
3. Consider and take action as desired regarding park element of development agreement
for properties located south of E. White Street and east of DART rail line, owned by the
Skorburg Company and Primrose Partners (presentation by Mr. Ryan Betz).
4. Update and take action as desired regarding east side park site.
5. Update and take action as desired regarding City Park (TPWD) project.
6. Consider update to Park Plan.
7. Financial report.
8. Discuss items as desired by Park Board members.
9. Staff reports and items for discussion.
10. Adjourn.
Any person needing assistance with participation should contact the City Secretary's office at 972-924-
3325 at least 48 hours before this meeting. The City Hall of the City of Anna is accessible to physically
handicapped persons.
Agenda 12-19-05 Page 1 of 1 Posted 12-16-05