Anna City Council

8/13/24

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CC August 13, 2024

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Public Facility Corporation (PFC)
Anna Powell Corners
South Anna | 59.1 Acres | 312 Units | Withdrawn

Co-developers Continental Properties and Morphic Development initially proposed turning 59 vacant acres into a 312-unit Public Facility Corporation (PFC) with single-family, commercial, and industrial products. At the August 13, 2024 Anna City Council meeting, Sam Franklin of Morphic revealed that Continental, their multifamily partner, had pulled out of the project within the past 30 days.

Sam Franklin

We've had up to six different multifamily groups trying to get them comfortable with the project and commit like we need them to commit in order to move forward.

Sam Franklin, Morphic Development

This departure meant the original plan for 312 multifamily units and the proposed Public Facility Corporation (PFC) structure were no longer viable.

Continental’s proposed Memorandum of Understanding (MOU) terms modeled a $4+ million return to Anna over 10 years.

MOU 4/23/24

Proposed

Term

Powell Corners

PFC Developer Fee

$451,271

PFC Management Fee

$25,000

Annual Lease Payment

$150,000 (No escalation)

Construction Sales Tax Savings

$300,000

Exit Fee

$1,256,565

In response to Continental pulling out, Franklin attempted to modify the plan just days before the council meeting, proposing to expand the Mixed Density (MD) district from 17-20 acres to 40 acres. However, this last-minute change was not well-received by the council. Councilman Jody Bills expressed concern about the timing, stating that submitting a change on "Sunday night less than 72 hours" before the hearing did not provide staff enough time to do the "due diligence that's required to make good decisions and provide you with advice."

The Council's reception to the multifamily component was largely negative. Bills strongly opposed it and stated his appetite for the product type in this location.

Jody Bills

I can tell you right now multi-family over there isn't the process because you're slamming it in with all those other multifamilies. We want density, but we want density, now, where it makes sense, and it doesn't make sense to throw 500, 600, 700 doors over there or whatever the case is because you literally go right across the street and you've got thousands of them.

Jody Bills, Council Member, Anna Place 2

Councilman Lee Miller indirectly expressed fatigue with multifamily developments.

Lee Miller

I think that's also kind of a message that maybe we're a little drained on the multifamily for the time being, which we all said the market would eventually do to itself anyway.

Lee Miller, Council Member, Anna Place 6

Mayor Pro Tem Stan Carver II expressed concern about the optics of the process. He pointed out that denying the application would not accurately reflect the significant recent changes to the proposal, as it would be based on what was originally presented to the Planning & Zoning Commission.

Despite these reservations, some council members showed willingness to work with the developer on a revised plan. Councilman Kevin Toten suggested that withdrawal might be a quicker and fairer option for the developer, as opposed to a denial which could potentially delay future applications. He emphasized the council's desire to be fair to both the developer and the overall process.

Bills, while opposing the multifamily component, expressed support for a mixed-use product.

Jody Bills

I think if you can come back with a mixed-use like you said in the email, I think that's a good deal. I think that makes sense, and then the city staff will work with you to get the best bang for the buck for you and everybody else around.

Jody Bills, Council Member, Anna Place 2

Carver encouraged continued collaboration.

Stan Carver II

Please stay in touch with those in the immediate proximity who live there. I think you'd find them to be great advocates. By doing this, it is in no way a communication that we are not interested in working with you, so please carry that forward with the people that you're working with because I think that you're right at third base trying to knock it into a home run.

Stan Carver II, Mayor Pro Tem, Anna

Recognizing the council's hesitation, Franklin offered to withdraw the application, stating, "If there is no path forward we will withdraw." The council approved the withdrawal, with Miller expressing appreciation for the developer's transparency throughout the process.

Developer: Morphic Development, Sam Franklin Email: [email protected] Phone: (469) 450-6269
Past Developer: Continental Properties, Ben Lang Phone: (262) 501-8642 Email: [email protected], Erik Hahn Phone (Office): (262) 502-5500 Email: [email protected]
Owner: Ann Warren Hayslett Phone: (469) 563-6442 Email: [email protected]
Pre-Application Presentation: Powell Corners Plan, Render, Pres
Proposed MOU Terms: Powell Corners Proposed MOU
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Northwest Anna | 1,035 Acres | 5,000 Units | Approved

Old Prosper Partners secured a 7-1 approval for their 1,035-acre deal, set to bring 5,000 residential units to Anna. The development agreement includes a $45 million investment in roadways and sewer lines, land donation for a fire station, and commitments to tree preservation and public green spaces as part of the entitlements for the 3,000 multifamily and 2,000 single-family units planned.

The approval process wasn't without controversy. Campaign donations from Old Prosper’s Teague Griffin to city council members raised eyebrows, with one member receiving $3,000 and another $15,000. Council Member Lee Miller voiced concerns about potential conflicts of interest, highlighting the dynamics.

Lee Miller

The idea that there's one vote is just incorrect. There were two people that got donations, one guy got $3,000, the other guy got $15,000. So even the developer doesn't believe that's one vote.

Lee Miller, Council Member, Anna Place 6

Other council members expressed strong support for the project. Mayor Pro Tem Stan Carver II praised the developer's responsiveness to neighbors and noted a fire station donation that would enhance safety. Council Member Jody Bills affirmed the project's overall quality while acknowledging the need for some adjustments. Council Member Kevin Toten emphasized the project's importance for city growth, highlighting its commercial benefits including job creation, an improved tax base, and the potential for lower taxes.

Jody Bills

It's a good development for our city. It is sustained growth, and that's what we need. Plain and simple that's what we need.

Jody Bills, Council Member, Anna Place 2

Neighbors of the Liberty Hills development expressed significant concerns about its impact on the existing rural character of the area. Stephen Smith highlighted the current landscape of "5-10 acre ranch land," while Janet Smith advocated for "no less than 1-acre lots" and against "multifamily apartments or rentals." Terrell Culbertson, while acknowledging the need for multifamily housing, questioned its placement "in the middle of a 40-acre cow pasture."

Stephen Smith

I'm just making a plea to reconsider what should be out there. As you recall, what's out there are ranches. I'm on a 10-acre lot, everybody around there is on 5-10 acre ranch land.

Stephen Smith, Resident, Northwest Anna

Shawn Smith raised infrastructure concerns, noting that recent traffic diversions caused roads to develop potholes and tear up the oil within hours. Matt Benton pointed out the project's deviation from the comprehensive plan, stating they were "radically against those plans" and "asking for larger lots." Shannon Benton, a local resident, requested more time for community input, asking for "six more months for us just to sit down and just kind of reconsider a few things."

Despite these concerns, Council approved the rezoning 7-1, recognizing the project's potential impact on Anna's growth and the public benefits it will provide.

Public benefits:

  1. Infrastructure: A $45 million investment in roadways and sewer lines.

  2. Public Safety: Donation of land for a new fire station.

  3. Green Space: Preservation of specific tree areas and commitment to plant additional trees along screening walls and in residential lots.

  4. Community Amenities: Public parks, creek corridors, and trail systems open to all residents.

Development Agreement Analysis

The deal will deliver 3,000 multifamily and 2,000 single-family units, with careful planning for setbacks from U.S. Highway 75. Multifamily units require a 200-foot setback from the highway centerline, while single-family homes need an 800-foot buffer.

The Liberty Hills development agreement introduces significant changes to Anna's development standards. It replaces the city's tree preservation ordinance with project-specific requirements, focusing on preserving designated areas while allowing removal for infrastructure improvements. The agreement modifies dimensional standards for residential districts, reducing minimum lot sizes in SF-8.4, SF-7.2, and SF-6.0 zones, and increasing maximum lot coverage. For instance, SF-6.0 lots can now have 65% coverage instead of 50%.

The Thoroughfare Overlay District sees substantial changes, with minimum lot sizes along highways reduced from 1 acre to 0.75 acres, and non-residential minimum lot widths decreased from 100 feet to 60 feet. The agreement allows for a mix of housing types, capping multifamily and mixed-use units at 60% of the total 5,000 units, with specific allocations for various single-family categories.

Building design standards have been adjusted, with changes to articulation requirements. For example, horizontal wall planes longer than 85 feet, rather than 40 feet, now require segmentation in non-residential buildings. The agreement also modifies infrastructure requirements, specifying right-of-way dedications for major roads like Mantua Parkway and Rosamond Parkway at 120 feet for 6-lane divided principal arterials.

Development Agreement Analysis
Developer: Old Prosper Partners, Teague Griffin Phone: (214) 912-6156 Email: [email protected] LinkedIn
Owners: Teague Griffin Phone: (214) 912-6156 Email: [email protected]LinkedIn, Ryan Thornton Phone: (214) 498-8661 Email: [email protected], Jay P Janis, Irene C Janis Phone: (214) 733-4125 Email: [email protected]
Staff Report: Liberty Hills SR
Development Standards: Liberty Hills DS
Project Plans: Liberty Hills Plan
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Public Facility Corporation (PFC)

Jefferson Finley 400 E Finley Blvd

South Anna | 11.02 Acres | 320 Units | Approved | Financing Secured

JPI’s Jefferson Finley (Sharp and Finley) deal, a 320-unit PFC in South Anna, received an update at the August 13, 2024 council meeting. Anna’s new Economic Development Director Bernie Parker reported that financing had been secured for the 11.02-acre development, which includes a 5,000-square-foot commercial component.

The timeline for the project was specified in the update, with construction set to begin in September 2024 and expected to last approximately 25 months. This timeline alignment with the secured financing indicates that the project is proceeding as planned, without significant delays or alterations due to financial constraints.

Executed

Term

Jefferson Finley

PFC Developer Fee

20%

PFC Management Fee

$10,000 per year, 3% annual increase

Annual Lease Payment

$27,500

Lease Escalator

3%

Commission on Sale

1% gross

City Council 6/13/23

Approved

The Anna City Council's reception of the JPI multifamily product at Sharp and Finley was largely positive, with the proposal approved on June 13, 2023 after being postponed from May 9, 2023 to allow for community engagement.

The 320-unit deal’s financial details include:

  1. The City will receive approximately $2 million over the first 10 years, with $1 million paid at closing.

  2. JPI will pay a $27,500 annual lease payment, increasing 3% annually.

  3. The Anna PFC will receive 1% of the gross sales price if the project is sold.

  4. Income restrictions: 33% of units at 70% AMI, 17% at 80% AMI, remainder at market rate.

Council members appreciated JPI's reputation and product quality. Kevin Toten stated:

Kevin Toten

JPI, you're everywhere because I do travel a lot and I drive around, and you build a great product…We're lucky enough that JPI, their lesser product is way above a lot of other companies.

Kevin Toten, Council Member, Anna Place 1

Council Member Kevin Toten's stance on deep affordability (June 13th, 2023).

Kevin Toten

I'm more on board with it now that it's 70-80 (% AMI), not so much the 30-40 because... I didn't want to make the entire Anna Town Square 30-40s.

Kevin Toten, Council Member, Anna Place 1
Developer: JPI, Bryan Grant Phone: (972) 373-3945 LinkedIn
Owner: Anna Public Facility Corporation (PFC), Mayor Pro Tem Stan Carver II Phone: (214) 831-5394 Email: [email protected]
Anna Economic Development: Bernie Parker Phone: (214) 831-5394 Email: [email protected] LinkedIn
Staff Report: Jefferson Finley SR
Project Plans: Jefferson Finley Plan
Memorandum of Understanding (MOU): Jefferson Finley MOU

More on Anna PFC:

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