HomeMy WebLinkAboutPZpkt2016-08-01 AGENDA
PLANNING AND ZONING COMMISSION
REGULAR MEETING
Autast l, 2016
YOETIV HOMETOWN
The Planning and Zoning;, Commission of the City of Anna will hold its regular meeting
on August 1, 2016, at 7:00 pm., at the Community Room of the Anna City Hall
Administration Building located at Ill North Powell Parkway (Hwy 5), to consider the,
following items.
1. Call to order and establishment of quorum.
2. Invocation and Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Whitaker Addition"
development plat,
4. Cons ider/Discuss/Act on recommendation regarding "Nahas" development plat.
5. Consider/Discuss/Act on recommendation regarding "Constiens" development
plat.
6. Cons ider/Discuss/Act on recommendation regarding "Anna ISD High Schooll "site
plan regarding tennis courts, softball and baseball fields.
7. Consider/Discuss/Act on recommendation regarding a request by owner of
property to reduce the rear setback of his property from 20 feet to 12 feet. The
property is currently zoned as PD, 113-2004 Planned Development and is located
at 133 Hurstwood Ct, Anna, Texas,
6. Consider action to approve Minutes of the July
91. Adjourn
This is to certify that 1, Maurice Schwanke, Director of Planning and Development, verify
that this agenda was posted at a place readily accessible to the public at the Anna City
Hall and on the City Hall bulletin board at or before 7:00, p.m., July 29, 2016,
Maurice Schwanke
Director of Planning and Development
Persons with a disability who want to attend this meeting who may need assistance should contact the City
Secretary, at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
PZ Agenda 08-01-15.doc Page 1 of 1 Posted 07-29-16
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2. Invocation and Pledge of Allegiance
3. Consider/Discuss/Act on recommendation regarding "Whitaker Addition"
development plat.
The development plat for your review is located within Anna's exterritorial
jurisdiction and generally known as 1122 S Church Street. The tract is located in
the John Chambers Survey, Abstract No. A0233 and contains approximately 6.7
acres of land. The owner is proposing to build a house, workshop, storage
building and several other structures on the property. The submittal meets the
City of Anna development plat requirements. The Staff recommends approval of
the plat.
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4. Consider/Discuss/Act on recommendation regarding "Nahas" development
plat.
The development plat for your review is located within the Anna's exterritorial
jurisdiction and generally known as 425 N Church Street. The tract is located in
the John Rowland Survey, Abstract A0784 and contains approximately 8.47
acres of land. The owner is planning on building a house on the site and has
already built a barn on the tract and requiring the submittal of a development plat.
The submittal meets the City of Anna development plat requirements. A
reservation of a 120 feet has been shown for a future thoroughfare. The Staff
recommend approval of the development plat.
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5. Consider/Discuss/Act on recommendation regarding "Constiens"
development plat.
The development plat for your review is located within Anna's exterritorial
jurisdiction and generally known as 1812 S Ferguson Pkwy. The tract is located
in the Henry Smith Survey, Abstract No. 823 and contains approximately 5.412
acres of land. The owner is proposing to build a house and has several other
structures on the tract. The submittal meets the City of Anna development plat
requirements. The property is currently part of a proposed annexation. The
owners have signed a non -annexation agreement that is anticipated will be put in
place on August 9t" of 2016. The proposal is in conformance with the
agreement. The Staff recommends approval of the plat.
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6. Consider/Discuss/Act on recommendation regarding "Anna ISD High
School site plan regarding tennis courts, softball and baseball fields.
A site plan has been submitted for the construction of new tennis courts, softball
and baseball fields located at the high school, 1107 Rosamond Pkwy. The site
plan has been reviewed by city staff. Parking for this facility has already been
constructed with the existing High School facility. Emergency paved access to
the facility has been provided through the walkway system. A Knox Pad Lock to
be provided for access gates. The city staff recommends approval of the site
plan.
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7. Consider/Discuss/Act on recommendation regarding a request by owner of
property to reduce the rear setback of his property from 20 feet to 12 feet.
The property is currently zoned as PD 113-204 Planned Development and is
located at 133 Hurstwood Ct., Anna, Texas.
The above agenda item was presented and tabled at the July 5t", Planning and
Zoning meeting. The item is being placed back on the agenda for a
recommendation from the Commission.
The property owner is requesting the Planned Development to be changed from
the existing 20 foot rear yard setback be changed to 12 feet so that the existing
covered patio can be extended to 12 feet from the rear property line. The
planned development requires a minimum rear yard setback of 20 feet in the
tract in which the property is located.
The pending zoning application to reduce the rear setback on a single lot in the
West/Geer PD presents potential legal problems. A change to a setback on a
single lot is generally accomplished through a variance from the board of
adjustment. However, this would require a showing of an undue hardship, which,
is very likely absent in this case. Amending a zoning ordinance covering an entire
subdivision in order to change the setback of a single lot —especially when there
have been no changes in the condition of the area —may amount to illegal spot
zoning. The term "spot zoning" is used to describe an unacceptable amendatory
ordinance that singles out a small tract for treatment that differs from that
accorded similar surrounding land, without proof of changes in conditions.
According to Texas law, the power to vary conditions of established zoning
ordinances should be sparingly exercised, only for the benefit of the public, and
with due regard for the preservation of rights of others acquired under the original
zoning ordinance. Consequently, spot -zoning ordinances are subject to close
judicial scrutiny and generally are condemned. It is likely that if this amendment
for a single lot is approved and challenged in court it would be invalidated.
As such the staff is not recommending this change be approved.
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8. Consider action to approve Minutes of the following meetings:
• June 22, 2016 Special Meeting
• July 5, 2016
MINUTES
PLANNING AND ZONING COMMISSION
SPECIAL MEETING
June 22, 2016
The Planning and Zoning Commission of the City of Anna held a special meeting on
June 22, 2016, at 7.00 p.m., at the Community Room of the Anna City Hall
Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7.24 p.m. Members present were Sandy
Setliff, Don Callahan, Donald Henke, John Johnson and Darrin Colombo. Staff
present was Maurice Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. (a) Public Hearing: To consider public comments regarding a zoning
request by Alan Hashem, owner of property, to change PD 127-2004 zoning
for Sweetwater Crossing subdivision phase II zoning standards of the PD
from SF-72 (7,200 square feet lots) to SF-60 (6,000 square feet lots) to allow
additional lots on the tract. The property is located northeast of the corner
of Hwy 5 and Rosamond Pkwy Intersection.
Mr. Schwanke gave a presentation and answered questions from the
Commission regarding the zoning request.
The Public Hearing opened at 7.33 p.m. Alan Hashem, owner of property,
presented a presentation and answered questions from the Commission The
Public Hearing closed at 8.25 p.m.
(b) Consider/Discuss/Act on recommendation regarding the request to
change PD 127-2004 zoning concerning Sweetwater Crossing Subdivision
Phase II zoning standards from SF-72 (7,200 square feet lots) to SF-60
(6,000 square feet lots) to allow additional lots on the tract.
Following a discussion among the Commission members and questions to Mr.
Schwanke, a motion was made by Commissioner Henke to deny the zoning
request. Commissioner Colombo seconded the motion. The vote was 3 -2
(Callaham and Johnson) Motion carried to deny the zoning request.
4. Adjourn.
PZ Minutes (Special) 06-22-16 Page 1 of 2 06-22-16
There being no further business, a motion was made by Commissioner
Callaham, seconded by Commissioner Setliff to adjourn meeting. The meeting
adjourned at 8.34 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes (Special) 06-22-16 Page 2 of 2 06-22-16
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
July 5, 2016
The Planning and Zoning Commission of the City of Anna held its regular meeting on
July 5, 2016, at 7.00 p.m., at the Community Room of the Anna City Hall Administration
Building located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7.01 p.m. Members present were Sandy Setliff,
Don Callaham, Wayne Barton, Donald Henke, John Johnson, Christian Landers and
Danny Ussery. Staff present was Maurice and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Sister Groves
Estates" re -plats.
Mr. Schwanke gave a presentation. A re -plat has been received on Lots 1, 2,
and 3, approximately 4.053 acres of land that is located north of Sam Rayburn
Hwy and east of the Collin County Outer Loop. The purpose of the re -plat is to
take the three (3) existing lots and turn it into 1 lot. The submittal meets the City
of Anna plat requirements. Mr. Schwanke noted that Staff recommends approval
of the re -plat.
A motion was made by Commissioner Henke to recommend approval of the
development, seconded by Commissioner Callaham. The vote was unanimous.
4. Consider/Discuss/Act on recommendation regarding "Nichols Addition"
development plat.
Mr. Schwanke gave a presentation. The development is located within Anna's
exterritorial jurisdiction and generally known as 13496 County Road 426. The
tract is located in the Robert Whitaker Survey, Abstract No. 1011 and contains
approximately 3.200 acres of land. The owner is proposing to build a barn
structure on the tract. The submittal meets the City of Anna development plat
requirements. The Staff recommends approval of the plat.
A motion was made by Commissioner Ussery to recommend approval of the
development plat, seconded by Commissioner Setliff. The vote was unanimous.
PZ Minutes 07-05-15.doc Page 1 of 4 07-05-16
5. Consider/Discuss/Act on recommendation regarding "Anna ISD Elementary
School #3" preliminary plat.
Mr. Schwanke gave a presentation. A preliminary plat has been received on
approximately 37 acres of land generally located west of Future Leonard Avenue
(C.R 422) and south of Sharp Street. The site is the location of the new Anna
ISD elementary school #3 and the Anna Middle School #2. The preliminary plat
has been reviewed by city staff and city consulting engineer. The staff is
recommending that the approval of this preliminary plat be subject to final
construction plans approval addressing all planning and engineering concerns.
A motion was made by Commissioner Henke to recommend approval of the
preliminary plat subject to staff's comments. Commissioner Landers seconded
the motion. The vote was unanimous.
6. Consider/Discuss/Act on recommendation regarding "Anna ISD Elementary
School #3" site plan.
Mr. Schwanke gave a presentation. A site plan has been submitted for the
construction of the new elementary school #3 located west of Future Leonard
Avenue (C.R. 422) and south of Sharp Street for approval. The site plan has
been reviewed by city staff. Mr. Schwanke noted that the city staff recommends
approval of the site plan subject to compliance with all engineering platting
concerns.
A motion was made by Commissioner Setliff to recommend approval of the site
plan subject to staff's comments. Commissioner Callaham seconded the motion.
The vote was unanimous.
7. Consider/Discuss/Act on recommendation regarding "Avery Pointe Phase
2 and 3" final plat.
Mr. Schwanke gave a presentation and answered questions from the
Commissioner. A final plat has been received on approximately 14.625 acres of
land located east of Ferguson and north of FM 455 (White St). Within this project
(79) residential lots are proposed and one HOA lot on the tract. The plat layout is
in conformance with the existing zoning and preliminary plat. The final plat I
meets the City of Anna plat requirements. The Staff recommends approval of the
plat.
Elaine Torres, representative for Lennar Homes was present and answered
questions from the Commission.
A motion was made by Commissioner Henke to recommend approval of Avery
Pointe PH 2 and 3 final plat. Commissioner Setliff seconded the motion. The
vote was unanimous.
PZ Minutes 07-05-15.doc Page 2 of 4 07-05-16
8. Consider/Discuss/Act on recommendation regarding "Anna 55" preliminary
plat.
Mr. Schwanke gave a presentation. A final plat has been received on
approximately 22.645 acres of land located east of Ferguson and south of
Hackberry. The project proposes (103) residential lots and (2) HOA lots on the
tract. The plat layout is in conformance with the existing zoning and preliminary
plat. The submittal meets the City of Anna plat requirements. Mr. Schwanke
noted that the Staff recommends approval of the plat.
A motion was made by Commissioner Barton, seconded by Commissioner
Ussery to recommend approval of the preliminary plat. The vote was unanimous.
9. Consider/Discuss/Act on recommendation regarding "Pecan Groves
Phases II -IV" preliminary plat.
Mr. Schwanke gave a presentation and answered questions from the
Commissioner. A preliminary plat has been received on approximately 55 acres
of land located south of Taylor Blvd. and east of Twin Creek Circle. The project
proposes (150) residential lots and (6) open space tracts to be maintained by a
proposed HOA. The lot layout is in substantial conformance with the existing
zoning.
Nathan Thompson with Pelton Engineer, representative for the project answered
questions from the Commission.
Mr. Schwanke noted that the adequacy of Taylor Blvd will need to be addressed
through a Traffic Impact Analysis and the added comments prepared by staff
have been added to the plat. A motion was made by Commissioner Landers,
seconded by Commissioner Callaham to recommend approval of the preliminary
plat. The vote was unanimous.
10.(a) Public Hearing: To consider public comments regarding a zoning
request by
a. Don Callaham, owner of property, requesting a Zoning Change to
reduce the rear setback of his property from 20-feet to 12-feet. The
property is currently zoned as PD — 113 — 2004 Planned Development
and is located at 133 Hurstwood Ct, Anna TX 75409.
Mr. Schwanke gave a presentation and answered questions from the
Commissioner. The property owner is requesting the Planned Development to be
changed from the existing 20 foot rear yard setback be changed to 12 feet so
that the existing covered patio can be extended to 12 feet from the rear property
line. The planned development requires a minimum rear yard setback of 20 feet
in the tract in which the property is located.
PZ Minutes 07-05-15.doc Page 3 of 4 07-05-16
The Public Hearing opened at 7.45 p.m. Mr. Callaham requested that the
zoning request be tabled at this time. Mr. Callaham excused himself from the
meeting while the commission deliberated and tabled the request.
b. Consider/Discuss/Act on recommendation regarding the request for
a Zoning Change to reduce the rear setback of said property from 20-
feet to 12-feet.
A motion was made by Commissioner Burton to table the agenda item.
Commissioner Ussery seconded the motion. The vote was unanimous.
Commissioner Callaham rejoined the meeting after the action.
11. Consider action to approve Minutes of the June 6, 2016 Planning and
Zoning Commission Meeting.
A motion was made by Commissioner Setliff, seconded by Commissioner
Landers to approve the Minutes of the June 6, 2016 meeting. The vote was
unanimous.
12.Adjourn.
There being to further business, a motion was made by Commissioner Callaham,
seconded by Commissioner Ussery to adjourn meeting. The meeting adjourned
at 7.56 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes 07-05-15.doc Page 4 of 4 07-05-16
9. Adjourn