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Home My WebLink About2025-04-23 BOA Meeting Packet Item No. 4. Board of Adjustment Agenda Staff Report Meeting Date: 4/23/2025 Staff Contact: AGENDA ITEM: Director's Report. SUMMARY: BACKGROUND: STAFF RECOMMENDATION: ATTACHMENTS: MINUTES BOARD OF ADJUSTMENT March 12, 2025 The Board of Adjustment of the City of Anna held a meeting at 6:00 p.m. on March 12, 2025, at the Municipal Complex located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. The meeting was called to order at 6:10 p.m. Board Members present were David Colgrove, Jon Hendricks, Elijah Nelms, Edward Culham, Jeffrey Petry, Travis Bates, and Cory Halley. Staff present were Nader Jery, Everett Johnson, Sharon Lopez, Lauren Mecke, Stephanie Scott-Sims, and Bret Wilkinson. 2. Invocation and Pledge of Allegiance. Board Member Culham gave the invocation and led the Pledge of Allegiance. 3. Neighbor Comments: At this time, any person may address the Planning & Zoning Commission regarding an item on this meeting Agenda that is not scheduled for Public Hearing. Also, at this time, any person may address the Commission regarding an item that is not on this meeting’s Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific factual information in response to a neighbor’s inquiry or to recite existing policy in response to the inquiry. There were no Neighbor comments. 4. Director's Report. Ms. Scott-Sims reported that the City Council and Planning and Zoning Commission reviewed the comprehensive plan update. The Planning and Zoning Commission will act upon it at the upcoming meeting on March 18 and the City Council will do the same on March 25 meeting. The Planning and Zoning Commission will also consider the adoption of an ordinance which clarifies the definition of a smoke shop and minimum distances between them. 5. Approve Minutes of the January 8, 2025, Board of Adjustment Meeting A motion was made by Board Member Bates to approve Item 6, seconded by Board Member Nelms. The vote was unanimous in favor. 6. Conduct a public hearing/consider/discuss/action on a variance to the 60-foot vegetative buffer and two- story building setback requirements. DHI Anna, Block A, Lot 1. Zoned Planned Development-Multi-Use (PD-MU)/Restricted Commercial/General Commercial/Multiple-Family Residential - High Density/Single- Family Residential SF-60/Single-Family Residential - Zero lot line/Single-Family Townhome (C-1/C-2/MF- 2/SF-60/SF-Z/SF-TH) (Ord. No. 881-2020). (V 25-0001) Owner: DHIC - Lindsey Place LLC. Mr. Johnson explained that the 7 D. R. Horton single-family plats that butted up against DHI’s 60-foot buffer of their multifamily homes overlapped by 7’. DHI and D. R. Horton came to an agreement to ask for a variance of the 60-foot buffer because changing the single-family plats would make them out of compliance for minimum lot square footage. Board Member Halley asked if property lines do not move, why had these properties encroached upon buffer. Hayden Moses from DHI explained that the surveys for each property were done a year apart and no one caught the discrepancy until after DHI had finished construction on the apartment buildings and D. R. Horton had completed road construction and plats. Board Member Hendricks asked why D. R. Horton was not asking for the variance because they were the ones who created the issue. Mr. Moses explained that because DHI owned D. R. Horton, it was just as easy for them to ask for the variance. Chairman Culham opened a Public Hearing at 6:37 p.m. The Public Hearing was closed at 6:37 p.m. A motion was made by Board Member Bates and seconded by Board Member Petry to approve the variance. The vote was unanimous in favor. The motion passed. 7. Adjourn. The meeting was adjourned at 6:38 p.m. ______________________________________ Chairman Edward Culham ATTEST: _________________________________ Stephanie Scott-Sims Director of Development Services Item No. 5.b. Board of Adjustment Agenda Staff Report Meeting Date: 4/23/2025 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a variance request regarding Urban Crossing, Block A, Lot 19R (3019 Crossing Way), zoned Single-Family - Large Lot (SF-E), for a variance of 46 feet of encroachment to the structure setback from the right-of-way within the required setback of 125% of the support structure height from public rights-of-way. SUMMARY: The applicant is requesting a variance of the setback from the R.O.W. by a reduction of 46 feet from 150 feet to 104 feet. BACKGROUND: Within Section 9.04.037 (Infrastructure Use-Specific Standards) of Article 9.04 (Zoning Ordinance), the regulations define the setback of a Radio, TV, or Microwave Operations, Commercial (Communications Tower) as 125 percent (125%) of the height of the support structure. Sec. 9.04.037. Infrastructure Use-Specific Standards (b) Radio, TV, or Microwave Operations, Commercial. (4) General Requirements. (G) Setback, Separation, and Screening of Ground Equipment Requirements. (ii) Support structures, except for network node poles, must be set back a minimum of 125 percent of the support structure height from public rights-of- way. As shown in the attached elevation, the support structure will be 120 feet in height with a required setback of 150 feet. The applicant's request and layout show the distance from the center of the support structure to the Rosamond Parkway right-of-way as 104'-3". The applicant has also provided a fall radius letter. This letter provides justification that the structure will meet the intent of the setback in a failure of the structure were to occur and would not fall into the right-of-way. Surrounding land uses Direction Land Use Zoning North & Two Single-Family Detached SF-E West Dwellings and one Vacant lot East Vacant lot Planned Development (Liberty Hills) South Rosamond Parkway - 120' right-of-way and vacant land within the 170' Texas Power & Light Company easement Planned Development (Villages of Hurricane Creek - North) Within Section 9.04.053 (Relief Procedures) of Article 9.04 (Zoning Ordinance), the Board of Adjustment shall hold a public hearing and use the following criteria to make their determination: Sec. 9.04.053 Relief Procedures (a) Variances. (6) Approval Criteria. The Board of Adjustment shall not approve a variance unless it finds that: (A) The variance is not contrary to the public interest, and (B) Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and (C) The spirit of the varied provision is observed and substantial justice is done. STAFF RECOMMENDATION: The Board shall consider the facts of the case to determine if the variance should be granted. ATTACHMENTS: 1. Locator - Urban Crossing, Block A, Lot 19R 2. Applicant's Variance Request - Urban Crossing, Block A, Lot 19R 3. Elevation - Urban Crossing, Block A, Lot 19R 4. Site Layout - Urban Crossing, Block A, Lot 19R 5. Fall Radius Letter - Urban Crossing, Block A, Lot 19R HURRICANE CREEK CIR WILLOWTERRACELN N CENTRAL EXPY COUNTY ROAD 368 MEADOWSPRINGSLN HURRICANE CREEK LN CROSSING DR URBAN WAY HONEYCRESTCIR SILVE R M O N T C I R SANDPEBBLECIR WROSAMONDPKWY Pil ot Grove C r eek East ForkTrinityRive r Sis ter G r oveCreek Van Alstyne 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet April 2025 Urban Crossing, Block A, Lot 19R Variance Request Inset Map 1 VARIANCE REQUEST Applica on: Variance from Public Right-of-Way Setback of 125% of Antenna Support Structure Height in Zoning Ordinance Sec on 9.04.037(b)(4)(G)(ii) Applicant: Hemphill, LLC Hemphill Site Name: 1781 Fitzhugh Project: 120’ monopole commercial antenna support structure with 10’ lightning rod Project Area: A 2,445 sq (.0561 acre) leased por on of Lot 19, Block A of the Urban Crossing Plat Property Address: 3019 Crossing Drive, Anna, TX 75409 Property ID: 2700407 Geographic ID: R-9650-00A-019R-1 Related Speciﬁc Use Permit Applica on: SUP 25-0003 Property Owner: Urban Crossing Homeowners Associa on Introduc on Hemphill, LLC is proposing a 120’ monopole commercial antenna support structure that will accommodate Verizon Wireless and 3 addi onal providers on a por on of Lot 19, Block A of the Urban Crossing Plat leased from the Urban Crossing Homeowners Associa on (“HOA”). The leased project area is 2,445 sq (.0561 acre). This parcel is addressed as 3019 Crossing Drive, Anna, TX 75409. The Property ID is 2700407 and the Geographic ID is R-9650-00A-019R-1. Lot 19, Block A is designated on the plat as a Common Area dedicated to and maintained by the HOA. Sec on 5.17 of the Urban Crossing “Declara on of Covenants, Condi ons and Restric ons” dated September 5, 2022 speciﬁcally allows for HOA approval of a tower on the HOA lot. The HOA voted 25-2 to approve this project on the parcel at an HOA mee ng on February 20, 2024. The only current uses of the parcel are u lity and communica ons uses. There is a Texas Power & Light Company (TXU Energy) u lity easement with a transmission tower and lines on the parcel. There is also a high-speed internet provider serving the Urban Crossing neighborhood from an exis ng 60’ la ce tower on the parcel. This site tower is to be removed and the antennas transferred to the proposed Hemphill monopole. This parcel is zoned SF-E Single-Family Residen al Estate – Large Lot under the previous zoning ordinance. City of Anna Code of Ordinances Sec on 9.04.03(b)(4)€ indicates that “commercial antennas and antenna support structures are prohibited in residen al districts on lots used or pla ed for single- family, two-family, or single-family a ached dwelling purposes”. On November 13, 2024, the City of Anna Board of Adjustment found that this prohibi on did not apply to the subject parcel because the lot is not used or pla ed for residen al purposes and that the applicant is not prohibited from seeking a Speciﬁc Use Permit (Board of Adjustment Order 2024-002). In the course of reviewing our Speciﬁc Use Permit applica on for this project (SUP 25-0003), planning staﬀ pointed out that the distance from the public right-of-way for the future Rosamond Parkway/County Road 370 extension to the south does not meet the required setback from a public right-of-way required by City of Anna Zoning Ordinance Sec on 9.04.037(b)(4)(G)(ii). This Variance applica on seeks relief from that requirement to allow the distance as drawn (104’-3” from tower center to the public right-of-way) rather than the 150’ required by the ordinance. 2 Variance Requested City of Anna Zoning Ordinance Sec on 9.04.037(b)(4)(G)(ii) contains the following setback requirement from public rights-of-way: (ii) Support structures, except for network node poles, must be set back a minimum of 125 percent of the support structure height from public rights-of-way. As shown in the eleva on view on Sheet C3-1 of the drawings provided, this monopole commercial antenna support structure will be 120’ high, so the required public right-of-way setback distance is 150’ (125% of 120’). However, as shown on Sheet C1-4 of the drawings, the center of the monopole commercial antenna support structure is 104’-3” from the public right-of-way for the future Rosamond Parkway/County Road 370 extension. Consequently, applicant Hemphill, LLC seeks a variance from the 150’ public right-of-way setback required by Sec on 9.04.037(b)(4)(G)(ii) to allow construc on as drawn. Diﬃculty/Hardship City of Anna Zoning Ordinance Sec on 9.04.074(e) authorizes the Board of Adjustment to grant variances from the requirements of the ordinance. In this case, the unique shape and size of the lot presents an unusual and prac cal diﬃculty/hardship preven ng compliance with the 150’ public right-of-way setback required by Sec on 9.04.037(b)(4)(G)(ii). The lease area for this project is ghtly wedged between the north property line and the current construc on access drive for the subdivision and hemmed in by HOA subdivision easements and building setback lines to the west and the Texas Power & Light Company (TXU Energy) u lity easement to the east. Survey Sheet 1 on the second page of the drawings shows the size and shape of the parcel as well as the exis ng easements and rights-of-way that constrain this site. Further measurements are included on Sheet C1-4. Because of the parcel’s unique size and shape, there is not any loca on on the parcel that can meet a 150’ setback from the public right-of-way for the future Rosamond Parkway/County Road 370 extension. Public Interest/Impact This site is needed to address urgent community need for be er service from both coverage and capacity standpoints. Documenta on from Verizon Wireless regarding the need for has been provided as part of the SUP applica on. Also, residents of the Urban Crossing subdivision have previously tes ﬁed to the Board of Adjustment regarding the poor service in their homes and the diﬃcul es in personal and business communica on as well as their concern for their safety in emergency situa ons. This site will not just address Verizon’s service to this community, it will also be essen al infrastructure for future providers to serve this community as well. As shown on Sheet C3-1 of the drawings provided, the proposed tower is designed to accommodate three addi onal future providers at centerlines of 103’, 91’, and 79’ as well as antennas from the nearby internet service provider tower to be removed. 3 Improved wireless service in this area is not just a ma er of convenience, it is cri cal to public health, safety, and general welfare. The service provided by this facility will provide emergency informa on such as amber alerts, weather alerts, radar informa on and other informa on and instruc ons during emergencies. It will support 911 calls (most of which are made from wireless devices) in the event of accident, health crisis, ﬁre, natural disaster, or other emergency. Gran ng the requested variance will not have a nega ve impact on the public right-of-way for the future Rosamond Parkway/County Road 370 extension. To ensure this, the monopole commercial antenna support structure will be designed to have a 0’ fall radius as shown by the fall radius le er provided from Professional Engineer Jason Lambert. Compara vely, the exis ng Texas Power & Light Company (TXU Energy) transmission tower on the parcel is much closer to County Highway 368 and the power lines cross over the public right-of-way for the future Rosamond Parkway/County Road 370 extension. Conclusion Based on the unique size and shape of the lot preven ng compliance, the public interest served by this project, and the lack of nega ve impact on the public right-of-way for the future Rosamond Parkway/County Road 370 extension, applicant respec ully requests approval of a Variance from the 150’ public right-of-way setback required by Sec on 9.04.037(b)(4)(G)(ii). Respec ully submi ed, _________________________________________________________ Date: 3/14/2025 Faulk & Foster, by Ralph Wyngarden, for Applicant Hemphill, LLC SCALE REVISION:SHEET NUMBER: C3-1 1305 NORTH LOUISVILLE AVE TULSA, OK 74115 (918) 834-2200 ISSUED FOR: CHECKED BY: DRAWN BY: 911 ADDRESS: DESCRIPTIONREVDATE PROJECT NAME: PROJECT NO: 0 FOR APPROVAL03/13/25 1781 RS RGH/MK/SLT FITZHUGH TBD CR 368, ANNA, TX 75409 SPECIALTY TELECOMUNICATIONS SERVICES, LLC 13431 BROADWAY EXT., SUITE 120. OKLAHOMA CITY. OK 73114 405-753-7167 PROPERTY OWNER URBAN CROSSING HOA OWNER ADDRESS PO BOX 384 ANNA, TX 75409-00384 OWNER CONTACT NAME STEVE S. OWNER PHONE #214-244-1541 APPROVAL TOWER ELEVATION 0 ETHAN T. VAN METER PROFESSIONAL ENGINEER - TEXAS REGISTRATION NO.: 149870 FIRM NO.: F-16740 N.T.S. THESE DRAWINGS ARE NOT INTENDED TO REFLECT THE STRUCTURAL INTEGRITY OF THE TOWER. THE PROPOSED ANTENNAS AND TRANSMISSION LINES SHOWN ARE REPRESENTATIVE IN NATURE AND DO NOT REFLECT THE ACTUAL CONFIGURATIONS REQUIRED. THE CONTRACTOR SHALL REFER TO THE STRUCTURAL ANALYSIS OF THIS TOWER SITE FOR THE APPROVED LOCATION AND CONFIGURATION OF ALL ANTENNAS AND TRANSMISSION LINES. ALL ANTENNAS MUST BE MOUNTED AND THE TRANSMISSION LINES CONFIGURED IN STRICT ACCORDANCE WITH THE STRUCTURAL ANALYSIS. COMPOUND FENCE SEE SHEET C6-1 120' MONOPOLE TOWER VERIZON ANTENNAS AT 115'-0" RAD CENTER ELEVATION 120'-0" TOP OF TOWER 10'-0" LIGHTNING ROD 130'-0" TOTAL HEIGHT WITH APPURTENANCES MICROWAVE DISH(ES) AT 65'-0" RAD CENTER ELEVATION FUTURE CARRIER ANTENNAS AT 91'-0" RAD CENTER ELEVATION FUTURE CARRIER ANTENNAS AT 103'-0" RAD CENTER ELEVATION FUTURE CARRIER ANTENNAS AT 79'-0" RAD CENTER ELEVATION MICROWAVE DISHES RELOCATED FROM EXISTING TOWER AT TBD RAD CENTER ELEVATION TOWER ELEVATION SP 25-001 URBAN CROSSING LOT 19R, BLOCK A. 0.898 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS. SURVEY BY POINT TO POINT LAND SURVEYORS DATED 05/08/25 ABSTRACT NAME: URBAN CROSSING 0 20' 40' SCALE: 1"=20' SCALE REVISION:SHEET NUMBER: C1-4 1305 NORTH LOUISVILLE AVE TULSA, OK 74115 (918) 834-2200 ISSUED FOR: CHECKED BY: DRAWN BY: 911 ADDRESS: DESCRIPTIONREVDATE PROJECT NAME: PROJECT NO: 0 FOR APPROVAL03/13/25 1781 RS RGH/MK/SLT FITZHUGH TBD CR 368, ANNA, TX 75409 SPECIALTY TELECOMUNICATIONS SERVICES, LLC 13431 BROADWAY EXT., SUITE 120. OKLAHOMA CITY. OK 73114 405-753-7167 PROPERTY OWNER URBAN CROSSING HOA OWNER ADDRESS PO BOX 384 ANNA, TX 75409-00384 OWNER CONTACT NAME STEVE S. OWNER PHONE #214-244-1541 APPROVAL OVERALL SITE PLAN 0 ETHAN T. VAN METER PROFESSIONAL ENGINEER - TEXAS REGISTRATION NO.: 149870 FIRM NO.: F-16740 1"=20' EXISTING TRANSMISSION TOWER 104'-3" 60' 55' 66'-4" 26'-5"66'-6" 91'-5" EXISTING 80' TOWER TO BE REMOVED BY OWNER. RELOCATE EXISTING ANTENNAS AND EQUIPMENT TO NEW TOWER 20 ' U T I L I T Y A N D DR A I N A G E E A S E M E N T 25' PRIVATE ACCESS EASEMENT 35' UTILITY AND DRAINAGE EASEMENT RIGHT-OF-WAY LINE PROPERTY LINE PR O P E R T Y L I N E PR O P E R T Y L I N E PRO P E R T Y L I N E PRO P E R T Y L I N E 25' BUILDING SETBACK LINE 75' BUILDING SETBACK LINE 65' BUILDING SETBACK LINE EXISTING PRIVATE GRAVEL DRIVEWAY 30' INGRESS-EGRESS & UTILITY EASEMENT PROPOSED 120' MONOPOLE TOWERPROPOSED 6'-0" STRONGHOLD IRON FENCE PROPOSED LEASE AREA OVERALL SITE PLAN SP 25-001 URBAN CROSSING LOT 19R, BLOCK A. 0.898 ACRES CITY OF ANNA, COLLIN COUNTY, TEXAS. SURVEY BY POINT TO POINT LAND SURVEYORS DATED 05/08/25 ABSTRACT NAME: URBAN CROSSING NOTES: 1. SEE SHEET L1-1 FOR LANDSCAPING PLAN 2. SEE SHEET 5-1 FOR PRE AND POST DEVELOPMENT TOPOGRAPHY 147'-4" 32'-7" 10'-6" 175'-4" ±13'-9" 99'-5" 25' 20' PROPOSED 3' LANDSCAPE BUFFER (SEE SHEET L1-1 FOR DETAILS) SITE DATA SUMMARY TABLE LAND USE T.B.D. AREA(SQ.FT)/ACREAGE 39117/0.898 LOT AND BLOCK DATA LOT 19R, BLOCK A 116' 56'-9" 127'-3" 279'-1" 117'-2" 247'-6"74'-3" 1 MI. RADIUS VICINITY MAP (NOT TO SCALE) 1201 S Sheridan St South Bend, IN 46619 Phone: 574-288-3632 Fax: 574-288-5860 www.nelloinc.com January 12, 2025 Hemphill 1350 North Louisville Tulsa, OK, 74115 Re: Nello Tower Fall Radius – Nello 125’ NTP Pole Tower Project Name: 1781 Fitzhugh / (33.363511, -96.588172) Nello Job #: RFQ To Whom It May Concern: This letter is regarding your inquiry about the expected performance of your proposed tower designed by Nello Corporation based on site-specific criteria. Our towers are designed to meet or exceed industry standards defined by TIA-222-G, “Structural Standards for Antenna Supporting Structures and Antennas” (TIA Standard). It is our opinion that the possibility of a tower collapse is very unlikely. The tower is designed using extreme wind and ice conditions. In fact, wind speeds specified by the TIA Standard are 50-year wind speeds. That is, they have only a 2% statistical chance of occurring in any given year. This tower will be designed using the following wind conditions as a minimum: a 106 mph 3-second gust wind speed with no ice and a 30 mph 3-second gust wind with .75” ice. The TIA Standard specifies 106 mph as the wind speed required for Collin County, TX. The “3-second gust wind speed” refers to a wind measured at 33 feet above the ground. Equations in the TIA Standard take into account that wind speed escalates with increasing height of the tower. Although we cannot guarantee exactly how a tower would fall if it were to fail, the most likely mode of failure would be a buckling failure of one of the tower sections due to excessive wind loading. Nello will design the tower to stay within a fall radius of 0 feet based on design stress levels in accordance with the TIA-222-G Standard and the currently adopted IBC. The fall radius statement above assumes proper foundation construction and tower installation. The foundation design should be reviewed to ensure that no foundation limit state governs the entire structural system and negates the fall radius design. The fall radius expectancy requires that the foundation be designed with a capacity greater than that of the tower capacity. If the foundation design used in association with this tower is performed by a third party then Nello must be provided the opportunity to review the design in order to confirm that the fall radius remains satisfactory. If for some reason Nello does not provide the tower design or is not given the opportunity to design or review the foundation for this specific project then the content of this letter becomes void. If you have any other questions or concerns regarding the design of your site-specific tower, please contact our engineering or sales department. Sincerely, Jason M. Lambert, PE Vice President of Engineering EXHIBIT H