HomeMy WebLinkAbout2023-12-13 BOA Meeting Packet
Item No. 4.
Planning and Zoning Commission Agenda
Staff Report
Meeting Date: 12/13/2023
Staff Contact:
AGENDA ITEM:
Elect the Board of Adjustments Vice-Chairman.
SUMMARY:
FINANCIAL IMPACT:
The Board must vote for a Vice-Chairman to serve as backup when the Chairman is
absent from the meeting.
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Page 1 of 2
MINUTES
BOARD OF ADJUSTMENT
NOVEMBER 1, 2023
The Board of Adjustment of the City of Anna held a meeting at 5:30 p.m. on November 1, 2023, at the Municipal Complex
located at 120 W. 7th Street, to consider the following items.
1.Call to Order and Establishment of Quorum
The meeting was called to order at 5:40 p.m.
Members Present:
Place 1 – Jon Hendricks (arrived at 5:43), Place 2 – Jody Bills – Chaired the meeting, Place 3 Ashley Bergerson,
Place 4 – Choya Morrison, Place 5 – Travis Bates, Place 1A – Chad Fisher, & Place 1B – Michael Olivarez.
Staff present
Nader Jeri, Assistant Director of Development Services
Lauren Mecke, Planning Manager
Salena Tittle, Planner II
2.Invocation and Pledge of Allegiance
Mr. Bills gave the invocation and led the Pledge of Allegiance.
3. Neighbor Comments: At this time, any person may address the Planning and 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 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 citizen’s inquiry or to recite existing policy
in response to the inquiry.
There were no speakers.
4. Consider/Discuss/Action to approve minutes from the September 14, 2023 Board of Adjustment meeting.
The Board approved the September 14, 2023 minutes 5-0.
5.Conduct a Public Hearing/Consider/Discuss/Action on a variance request to the minimum setback requirements
within the Single-Family Residential (SF-7.2) District of the Zoning Ordinance, for the property located at 229 E. 7th
Street.
Acting Chair Bills opened the public hearing at 5:45 p.m.
Mrs. Tittle gave a brief explanation of the request and answered the Board’s questions pertaining to parking
requirements and the applicant’s plans for the site to build a residential home. The applicant’s request for variances
from the minimum front yard setback, minimum lot depth, and lot area for a lot that was purchased with the existing
condition lot depth and lot area conditions.
The applicant was not able to attend the meeting and there were no speakers for this item.
The Board Members held a discussion. Mr. Hendricks expressed concerns regarding parking and the Downtown
Master Plan especially without seeing the associated building plans.
Page 2 of 2
Mrs. Tittle explained that the applicant was required to plat the property before moving forward with the building
permit process and is required to meet adopted requirements.
Ms. Mecke provided clarification that the proposed use is in line with the Comprehensive Plan and Downtown
Master Plan. She also stated that the Zoning Ordinance requires two off-street parking spaces.
A motion was made by Mr. Bills to grant the requested variance and seconded by Mr. Hendricks. The motion passed
unanimously.
6.Conduct a public hearing/consider/discuss/action on a variance request regarding Cedar Ridge Estates, Phase
2, zoned Single-Family Residential (SF-7.2) District, for a variance pertaining to the lot depth and lot area of several
lots within the development.
Mr. Bills opened the public hearing at 5:57 p.m.
Ms. Mecke gave a brief presentation of the requested variance from the minimum lot depth and minimum lot area
requirements.
Landon Darwin, the property owner representative, spoke before the Board about Riverside Homes and the request.
There were no additional speakers.
The Board Members held a discussion.
Mrs. Bergerson asked to explain why they were not able to meet the minimum lot area requirements and suggested
approving the variance for the lot depth but not the lot area. Mr. Fisher made the argument that in comparison to
the previous case with a 10% reduction, this case is asking for an 8% reduction. Mr. Hendricks reiterated Mrs.
Berguson’s question stating that removing two lots would allow for every lot to meet the minimum lot area.
The property owner representative requested to come back to a subsequent meeting to allow their engineers to
review the project again to see if they can meet the minimum lot area requirements.
No action was taken by the Board.
Adjourn
A motion was made by Mr. Bills, seconded by Mrs. Morrison to adjourn the meeting. The vote was unanimous. The
meeting adjourned at 6:21 p.m.
___________________________________
Jon Hendricks,
Board of Adjustment, Chair
ATTEST:
_________________________________
Nader Jeri,
Assistant Director of Development Services
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H:\Notification Maps\Notification Maps\
Variance Request - Cedar Ridge Estates, Phase 2
CITY OF ANNA
Board of Adjustment
December 13, 2023
Variance: Cedar Ridge Estates, Phase 2
AGENDA ITEM:
Conduct a public hearing/consider/discuss/action on a variance request regarding
Cedar Ridge Estates, Phase 2, zoned Single-Family Residential (SF-7.2) District, for a
variance pertaining to the lot depth of several lots within the development.
REMARKS:
Within the Zoning Ordinance under Section 9.04.053 (Relief Procedures) it states that
the Board of Adjustment shall have the power to authorize upon appeal in specific cases
such variance from the terms of this article as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions of this article
will result in unnecessary hardship and so that the spirit of this article shall be observed
and substantial justice done, including the following:
(1) Permit a variance in the yard requirements of any district where there are unusual
and practical difficulties or unnecessary hardships in the carrying out of the
provisions due to an irregular shape of the lot or topographical or other conditions,
provided such variance will not seriously affect any adjoining property or the general
welfare.
History
The property was subdivided before 1970 and then annexed and zoned in 2021. The
property is a unique shape and must provide right-of-way connections to the Camden
Parc in Anna, Sweetwater Crossing, and Cedar Ridge Estates, Phase 1 subdivisions (see
Image 1). The surrounding subdivisions are also zoned SF-7.2.
Development Services received a Preliminary Plat application on October 6, 2023. Along
with the plat application, the applicant, Saginaw 106 LTD, submitted a variance request
pertaining to lot depth and lot area. During the November 1, 2023 Board of Adjustment
meeting, the Applicant asked to review internally before the Board made their final
decision. The Applicant has amended the layout and request by removing two lots in order
for every lot to meet the minimum lot area.
The SF-7.2 zoning district requires a minimum 120-foot lot depth. The applicant is
requesting 15 lots to have a reduced lot depth less than 120 feet but greater than 110
feet. All other requirements of the zoning district are being met.
Image 1: Location of Cedar Ridge Estates, Phase 2.
SUMMARY:
A variance would not be contrary to the public interest and literal enforcement of the
ordinance would result in unnecessary hardship. Additionally, if granted the variance it
would not seriously affect the adjoining property or the general welfare.
§9.02.087 - (a) Requirements of the zoning district if applicable. Lots shall conform to the
minimum requirements of the established zoning district, if located within the city’s
corporate limits.
§9.04.015 – Single-Family Residential (SF-7.2) District
1. Minimum Lot Depth (feet): 120
➢The applicant is requesting a minimum lot depth of 110 feet due to the unique
shape of the tract for 15 lots.
RECOMMENDATION:
City staff has reviewed the variance request and determined that there would be neither
an effect on any adjoining property nor the general welfare.
ABSTRACT NO. 114
JOSIAH C. BRANTLEY SURVEY
SAGINAW 106 LTD.
CALLED 24.82 ACRES
INST. NO. 20211202002450260
O.P.R.C.C.T.
SWEETWATER CROSSING, PHASE II
INST. NO. 20200512010001640
O.P.R.C.C.T.HORSE RUN(50' ROW)BLOCK B
27 26R 25R 24R 23R 22R 21R
INDIAN CREEK
(50' ROW)
1234567891011121314151617
BLOCK F
1819
SWEETWATER CROSSING, PHASE I
VOL. R, PG. 197
O.P.R.C.C.T.
CAMDEN PARC IN ANNA, PHASE 4
INST. NO. 20220222010000710
O.P.R.C.C.T.
28
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49.81'
N63°29'33"E
27.98'N0°40'37"E59.8'N2°55'6"E71.41'
N87°14'29"E
90.15'60.17'
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S86°58'35"W
47.54'
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46.23'
N53°52'13"E
174.02'S2°58'56"E25'
S87°1'4"W
131.51'S55°8'28"
E
36.02'N54°15'20"WC1
C2
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3
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33.88'1
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111.04'
N63°29'33"E 50.77'N29°6'30"E519.69'N35°6'34"EC22C2378.53'
N0°0'35"E
12.23'
N0°47'59"E47.89'N2°5'8"WC2415' B.L.60'
60'60'
60'62'
60'140'140'64'64'64'64'64'65'65'65'64'64'112'
114'
112'87'ANNA CITY LIMIT
ETJ LIMIT
ANNA CITY LIMIT
ETJ LIMIT
0'
GRAPHIC SCALE
N
06:15PM on Tuesday, November 14, 2023Plotted on:S:\projects\610\Entitle\Potential sites\Sing\CedarRidge ph2 preliminary plat_61389-00_20230822\CedarRidgeEstates_ph2_concept plan_20231114.sht
100'200'
JOB NO.
PP_REVISION DATE
PP_SUBMITTAL DATE
PP_APPROVE DATE
REFERENCE CASE NUMBER:
PRELIMINARY PLAT
ZONING
FINAL PLAT
LOCATION MAP
NOT-TO-SCALE
SITE
SH 75SH
6
CR 42
7CR 427CR 371
LAND USE SUMMARY
USES ±AC DENSITY
TOTAL
RESIDENTIAL LOTS
NON
UNITS
RESIDENTIAL
3.8
PRIVATE OPEN SPACE
94
94
R.O.W. DEDICATION
3
3 24.8
0.8
5.1
18.9
61389 - 00
USES
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM LOT DEPTH
MINIMUM FRONT YARD
MINIMUM SIDE YARD
MINIMUM REAR YARD
MINIMUM LOT COVERAGE
ADJACENT TO STREET
MINIMUM REAR YARD
A
LOT TYPE
B
LOT TYPE
7,200 SF 7,200 SF
60'60'
120'110'
20'20'
20'20'
15'15'
5'5'
50%50%
CERTIFICATE OF APPROVAL
APPROVED on this the
Mayor
City Secretary
day of , 20 ,
25' X 25' SIDEWALK
RESIDENTIAL STREET CENTERLINERESIDENTIAL STREET CENTERLINE
TYPICAL STREET INTERSECTION
NOT-TO-SCALER.O.W.R.O.W.R.O.W.R.O.W.
VISIBILITY AND
MAINTENANCE
25' X 25' SIDEWALK
VISIBILITY AND
MAINTENANCE
EASEMENT (TYP)EASEMENT (TYP) ANGLE MAY VARY ANGLE MAY VARY
DIMENSION DETAIL
TYPICAL LOT TYPE A
NOT-TO-SCALE
5''5''
FRONT
REAR
DIMENSION DETAIL
TYPICAL LOTTYPE B
NOT-TO-SCALE
5''5''
FRONT
REAR
BUILDING LINE
BUILDING
PAD
BUILDING
PAD
BUILDING LINE'60' MIN 20' MIN120' MIN 110' MIN20' MIN60' MIN 20' MIN20' MINPLANNED DEVELOPMENT
CEDAR RIDGE ESTATES
PHASE 2
LOT 16-53, 53X, BLK G; LOT 1-16, 5X, BLK H;
LOT 27-32, BLK D; LOT 13-16, 16X, BLK E;
TEXAS.
BRANTLEY SURVEY, ABSTRACT NUMBER 114, IN COLLIN COUNTY,
BEING A 24.803 ACRES OF LAND SITUATED IN THE JOSIAH.C.
FORT WORTH SAN ANTONIO AUSTIN HOUSTON DALLAS
TEXAS BOARD OF PROFESSIONAL ENGINEERS, FIRM REGISTRATION #470
201 MAIN STREET, STE 901, FORT WORTH, TX 76102 817.870.3668
PAGE 1 OF 1 PHASE 1
CEDAR RIDGE ESTATES
CURVE #
C1
C2
C3
C4
C5
C6
C7
RADIUS
500.00'
1500.00'
5000.00'
5000.00'
1800.00'
1800.00'
200.00'
DELTA
02°04'22"
03°08'24"
05°40'54"
CHORD BEARING CHORD LENGTH
49.14'
59.61'
178.49'
C8
C9
C10
C11
C12
C13
C14
2000.00'
800.00'
800.00'
800.00'
15°10'52"
02°14'29"
62°48'55"
79.49'
72.25'
78.24'
54.82'
238.50'
C15
C16
C17
C18
C19
C20
C21
200.00'
300.00'
300.00'
250.00'
200.00'
09°37'20"
11°59'34"
22°23'29"
02°03'49"
09°57'18"
12°54'16"
9.00'
43.44'
RADIUS RADIUSCHORD BEARING CHORD BEARINGCHORDLENGTH CHORD LENGTHDELTADELTACURVE #CURVE #
300.00'
50.00'
50.00'
250.00'
250.00'
05°37'52"
00°40'59"
05°56'31"
43°04'45"
82°47'26"
07°27'32"
07°27'32"
17°04'52"
35°31'05"
54.26'
186.67'
150.37'
104.15'
104.15'
33.59'
56.31'
123.98'
N89°56'35"W
N88°9'50"W
S88°32'48"W
S89°56'51"W
N84°14'27"W
S77°3'37"W
49.12'
54.26'
59.61'
273.99'
186.59'
178.42'
146.86'
S63°6'41"W
N67°54'10"W
N1°47'52"E
N32°5'5"E
N67°13'19"E
N22°46'41"W
N62°24'39"E
N58°40'53"E
N56°9'28"W
N62°11'8"W
N60°42'28"W
33.55'
43.38'
56.19'
9.00'
79.26'
66.13'
78.24'
52.11'
104.07'
104.07'
237.61'
STREET CENTERLINE CURVE TABLE
LOT 1-14, BLK I; LOT 1-16, BLK J
25'X25' V.A.M.E. & S.W.E.
DETACHED SINGLE FAMILY RESIDENTIAL
EMAIL: TERRY@PIERCEMURRAY.COM
CONTACT: TERENCE A MURRAY
TBPLS FIRM NO. 10194437
TEL: (903)539-2256
TEL: (817) 239-5646
TYLER, TEXAS 75703
800 TALLYHO CIRCLE,
PIERCE - MURRAY LAND SOLUTIONS
SURVEYOR:
PERMIT PURPOSES.
CONSTRUCTION OR
IT IS NOT FOR
AUGUST 29, 2023.
MICHELLE LASA
AUTHORIZATION OF
UNDER THE
"REVIEW PURPOSES"
RELEASED FOR
THIS DOCUMENT IS
INSURANCE COMPANY WITH AN EFFECTIVE DATE OF JUNE 30, 2021, ISSUED JULY 20, 2021.
DESCRIBED IN FILE NO. 21-608869-MM, SCHEDULE "B", ITEM 10 OF FIRST NATIONAL TILE
THIS SURVEY WAS PERFORMED IN CONNECTION WITH THE TRANSACTION 8.
ADVERSE IMPACT TO ADJACENT PROPERTIES.
UPON APPROVAL OF A FLOOD STUDY AND DRAINAGE PLAN DEMONSTRATING NO
THE FINAL LOCATION AND NUMBER OF LOTS SHOWN HEREIN ARE CONTINGENT 7.
FINAL PLAT.
THE DEVELOPER SHALL DEDICATE ALL REQUIRED TRAIL EASEMENTS WITH THE 6.
PANEL 0160J WITH AN EFFECTIVE DATE OF JUNE 2, 2009.
THE SUBJECT PROPERTY IS LOCATED IN DESIGNATED ZONE X AS ILLUSTRATED PER 5.
CENTRAL ZONE (4202) NORTH AMERICAN DATUM 1983 (NA2011) EPOCH 2010.00.
BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTH 4.
ALL PARK AND PRIVATE OPEN SPACE WILL BE MAINTAINED BY THE HOA.3.
PROPOSED ZONING IS PLANNED DEVELOPMENT.2.
THE PROPERTY IS IN THE CITY OF ANNA.1.
NOTES:
MY COMMISSION EXPIRES ON: _________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
.
, 20, DAY OF GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE
THEREIN STATED.
PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE
, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS APPEARED,
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY
)(COUNTY OF COLLIN
)(STATE OF TEXAS
., 20 DAY OF WITNESS, MY HAND, THIS THE
THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE CITY OF ANNA, TEXAS.
THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE.
MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT
THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING,
CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM
INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE
BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR
CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY
ACCOMMODATION OF ALL PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE
INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND
EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES
FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE
, AN ADDITION TO THE CITY ANNA, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE PHASE 2
CEDAR RIDGE ESTATES, HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS
, ACTING HEREIN BY AND THROUGH IT'S DULY AUTHORIZED OFFICERS, DOES SAGINAW 106 LTD THAT,
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
)(COUNTY OF COLLIN
)(STATE OF TEXAS
OWNER'S CERTIFICATE:
CERTIFICATION DATE: AUGUST 29, 2023
FIRM REGISTRATION NO. 10194437
TEXAS REGISTRATION NO. 6059
REGISTERED PROFESSIONAL LAND SURVEYOR
PIERCE - MURRAY LAND SOLUTIONS
AND SPECIFICATIONS FOR A CATEGORY 1A, CONDITION II SURVEY.
THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL LAND SURVEYORS STANDARDS
SHOWN.
THERE ARE NO ENCROACHMENTS, EASEMENTS, CONFLICTS, OR PROTRUSIONS APPARENT ON THE GROUND EXCEPT AS
MADE O THE GROUND UNDER MY DIRECTION AND SUPERVISION IN AUGUST 2020, AND THAT ALL CORNERS ARE AS SHOWN.
CERTIFY THAT THE MAP SHOWN HEREON ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY
, REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, DO HEREBY TERENCE A MURRAY I,
SURVEYOR'S CERTIFICATE:
EMAIL: MLasa@PAPE-DAWSON.COM
CONTACT: MICHELLE LASA, P.E.
TBPLS FIRM NO. 470
TEL: (817) 870-3668
FORT WORTH, TEXAS 76102
201 MAIN STREET, SUITE 901
PAPE-DAWSON ENGINEERS
ENGINEER:
TEL: (817) 731-7595
FORT WORTH, TEXAS 76116
3045 LACKLAND ROAD,
SAGINAW 106 LTD
OWNER / DEVELOPER:
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by the City Council, City of Anna, Texas.
BLOCK D
BLOCK E
BLOCK G
BLOCK H BLOCK I BLOCK J
LOT 27
LOT 13
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 14
LOT 7
LOT 8
LOT 1
LOT 2
LOT 3
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LOT 5
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT SUMMARY (SQ. FT.)
10790
LOT 15
LOT 16
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
LOT 16X
LOT 14
LOT 15
LOT 16
LOT 28
LOT 29
LOT 30
LOT 31
LOT 32
LOT 16 LOT 36
LOT 17
LOT 18
LOT 19
LOT 20
LOT 21
LOT 22
LOT 23
LOT 24
LOT 25
LOT 26
LOT 27
LOT 28
LOT 29
LOT 30
LOT 31
LOT 32
LOT 33
LOT 34
LOT 35
LOT 37
LOT 38
LOT 39
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LOT 47
LOT 48
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LOT 51
LOT 52
LOT 53
LOT 14
8765
8220
8266
8376
8397
8566
7255
7292
7570
8155
7688
7336
7706
11591
11102
12462
8164
9462
9529
7233
7202
7200
7211
7307
7389
7520
7605
8495
10167
8130
8841
7982
7683
7668
8742
11555
10642
7569
9854
13398
11394
7417
7467
9267
13596
17564
21699
8932
8593
8116
7733
7470
7327
7301
7477
7598
7833
8032
8188
10079
10790LOT 16X*
*LOT 53X
*LOT 5X
10790LOT 16X 10790LOT 16X*OPEN SPACE LOT
N89°32'31"W
274.03
62.79'N57°29'46"E
116.5'N40°18'15"E
122.01'S20°44'28"E
C22
C23
C24 15.11'S0°38'35"E
S1°2'17"E 10.97'
N32°6'32"E 31.41'300.00'
300.00'
300.00'
06°00'03"31.42'
10.97'
15.11'
02°05'43"
02°53'07"
117.24
62.68'
*
OF
CONCEPT PLAN
*
7929
15349
7262
7234
7207
7291
7255
8385
11927
9383
7200
7200
7200
9549
12694
10151
9745
13013
9515
10269
8618
8366
7846
7349
7279
7383
9343
7460
7201
7303
9958
7296
7244
7303
7250
7780