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HomeMy WebLinkAbout2024-10-30 BOA Meeting PacketPersons 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. AGENDA BOARD OF ADJUSTMENT Wednesday, October 30, 2024 @ 6:00 PM The Board of Adjustment of the City of Anna will meet on 10/30/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.Invocation and Pledge of Allegiance. 3.Neighbor Comments. At this time, any person may address the Board of Adjustment regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the Board of Adjustment 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 information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4.Director's Report. 5.Consider/Discuss/Action to approve minutes from the September 18, 2024 Board of Adjustment meeting. 6.Consider/Discuss/Action on a request to appeal the Director’s Interpretation of the Zoning Ordinance, regarding Urban Crossing, Block A, Lot 19R (City Project #DIRINT24-0001). 7.Adjourn. This is to certify that I, Lauren Mecke, Planning Manager, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 6:00 p.m. on 10/25/2024. Lauren Mecke, Planning Manager MINUTES BOARD OF ADJUSTMENT September 18, 2024 The Board of Adjustment of the City of Anna met June 18, 2024, at 5:30 p.m. at the Anna Municipal Complex Council Chambers, located at 120 W Seventh Street, to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum. The meeting was called to order at 5:53 p.m. by Edward Culham. There was not a quorum present, therefore the meeting ended. Members present: Place 2 – Elijah Nelms, Place 4 – Edward Culham, Place 2A – Michael Olivarez Members absent: Place 1 – Jon Hendricks, Place 3 – Ashley Bergerson, Place 5 – Travis Bates, Place 1A – Chad Fisher Staff present: Stephanie Scott-Sims, AICP, Director of Development Services Nader Jeri, Assistant Director of Development Services/ Building Official Lauren Mecke, Planning Manager Everett Johnson, Planner I Memorandum Date: October 30, 2024 To: Anna Board of Adjustment From: Stephanie Scott-Sims, AICP, Director of Development Services Re: Urban Crossing, Block A, Lot 19R City Project Number: DIRINT24-0001 Appeal of Director’s Interpretation _____________________________________________________________________________________ BACKGROUND Applicant, Ralph Wyngarden, acting on behalf of Hemphill, LLC, is proposing to install a 125-foot monopole commercial antenna, related support structure and a screening wall on a portion of the lot legally known as Urban Crossing, Block A, Lot 19R and commonly known as 3019 Crossing Drive, Anna Texas. See Exhibit A- Locator Map. In summer 2024, the Applicant met with City Staff to discuss the proposed monopole antenna. Staff told the Applicant that based on their interpretation of the Zoning Ordinance, the proposed monopole antenna was not permitted on the property. Section 9.04.074(g)(2) of City of Anna Code of Ordinances (the “Anna Code”) provides that all questions of interpretation and enforcement of the Zoning Ordinance shall be first presented to an administrative official. On August 15, 2024, the City received a formal request from the Applicant for a Director’s Interpretation of the City of Anna Code of Ordinances. (City Project Number DIRINT24-0001). See Exhibit B - Applicant’s Interpretation Request dated August 15, 2024. Per the Applicant’s request, the Director of Development Services provided a written interpretation of the Zoning Ordinance on September 3, 2024, concluding that the proposed monopole antenna was not permitted on the property. See Exhibit C - Director’s Interpretation dated September 3, 2024. Consistent with Texas Local Government Code Section 211.009, Section 9.04.074(c)(1) of the Anna Code provides that the Board of Adjustment has the authority to hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of an ordinance adopted as a zoning regulation under the law. On September 19, 2024, the City received a request from the Applicant to appeal the Director’s Interpretation to the Board of Adjustment. The Applicant alleges that the Director’s interpretation was made in error. See Exhibit D- Applicant’s Notice of Appeal dated September 19, 2024. 2 HISTORY March 27, 2007 - Anna City Council approved the annexation of the 45.001 acres Urban Crossing Tract (Ordinance No. 317-2007) and a rezoning of the property from Agricultural District (AG) to Single-Family Residential – Large Lot (SF-E). (Ordinance No. 318- 2007). The lot in question was included in that rezoning and is part of the existing residential subdivision. June 11, 2013 - Anna City Council approved a replat of the Urban Crossing subdivision. The plat was recorded with the Collin County Clerk on December 27, 2013. See Exhibit E - Urban Crossing Plat. August 22, 2023 - Anna City Council adopted a comprehensive update of the Anna Code, including Chapter 9, Planning and Development Regulations. (Ordinance No. 1068-2023- 08). Section 9.04.006 includes Table 1: Zoning Equivalency Table. Table 1 provides that the Single-Family Residential – Estate (SF-E) zoning district and Agricultural (AG) zoning district were combined into a single zoning district (Agricultural (AG)). See Exhibit F - Sec. 9.04.006. Table 1. PERTINENT ORDINANCE SECTIONS Anna Code Section 9.04.037(b)(4)(E) states: “Commercial antennas and antenna support structures are prohibited in residential districts on lots used or platted for single-family, two-family, or single-family attached dwelling purposes…” Per the Use Table in Section 9.04.028, Commercial Radio, TV, or Microwave Operations are permitted in the Agricultural (AG) zoning district through a Specific Use Permit. QUESTION OF INTERPRETATION The questions at issue are: 1) Whether Lot 19R was rezoned from Single-Family Residential – Large Lot (SF-E) to Agricultural (AG) zoning district upon the adoption of the 2023 Anna Zoning Ordinance. 2) Whether Lot 19R is “used or platted for single-family, two-family, or single-family attached dwelling purposes”. 3) Whether commercial Radio, TV, or Microwave Operations are permitted on Lot 19R through the consideration of a Specific Use Permit. (Note: The BOA would need to make a finding that Lot 19 was rezoned to Agricultural (AG) upon the adoption of the 2023 Anna Zoning Ordinance). 3 OVERVIEW OF DIRECTOR’S INTERPRETATION AND APPLICANT’S POSITION Question #1: Whether Lot 19R was rezoned from single-family use under Single-Family Residential – Large Lot (SF-E) to agricultural use under the Agricultural (AG) zoning district upon the adoption of the 2023 Anna Zoning Ordinance. Director’s Interpretation: On March 27, 2007, the Anna City Council approved a rezoning of the Urban Crossing subdivision from Agricultural District (AG) to Single-Family Residential – Large Lot (SF-E). The lot in question was included in that rezoning. On August 22, 2023, the Anna City Council adopted a comprehensive update of the Anna Code, Chapter 9, Planning and Development Regulations (Ordinance No. 1068-2023-08). The Zoning Ordinance (Article 9.04) was part of that comprehensive update. The City approved Table 1: Zoning Equivalency table found in Section 9.04.006. The table provides that the Single-Family Residential - Estate (SF-E) zoning district and Agricultural (AG) zoning districts were combined into a single zoning district (Agricultural (AG)). The intent of this combination was simplification of reference for future zoning classifications since both the SF-E and AG share rural characteristics and a one-acre minimum lot size and so that “AG zoning” would be the district applied to newly annexed areas going forward. The intent was not to rezone every existing SF-E district—including platted and fully developed residential subdivisions with existing single-family dwellings—to AG zoning. Generally, zoning amendments fall into two types. The first type consists of changes or amendments to the text of the Zoning Ordinance (also referred to as a “zoning text amendment”). The second type is a zoning district boundary change (also referred to as a “rezoning” and/or “zoning map amendment”). Zoning Ordinance Section 9.04.050 sets forth the procedural components for specific land use decisions in compliance with Texas Local Government Code Section 211.006 and 211.007. Per the laws, a zoning district boundary change requires: (1) Public Hearings held by the Planning & Zoning Commission and City Council on the matter, (2) Publication in the City’s official newspaper of the time and place for each public hearing on the matter, (3) Before the 10th day before the public hearing date, the City must mail written notice of each public hearing where the matter will be heard to the property owners of real property within 200 feet of the property on which the zoning boundary change is proposed, as indicated by the most recently municipal tax roll. (4) 20% protest requirements, and, (5) The installation of zoning notification signs on the property in question. This process did not occur with the City Council’s adoption of the updated Zoning Ordinance on August 23, 2024. The adoption of a new Zoning Ordinance by City Council on August 22, 2023, consisted of a zoning text amendment and did not result in a legal zoning district boundary change of Lot 19 or the Urban Crossing subdivision from SF-E to AG. In summary, Lot 19R continues to be zoned Single Family – Residential Large Lot SF-E, which is a residential zoning district. 4 Applicant’s Position: The Director Interpretation improperly relies on an SF-E Zoning District designation that no longer exists to classify the zoning of Lot 19 as residential and apply the prohibition on commercial antenna support structures in Section 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances. The SF-E designation is no longer valid. Ordinance 1068-2023-08, adopted 8/22/2023, completely repealed and replaced the old zoning ordinance. In that meeting the city’s consultant reviewed the new ordinance under consideration and highlighted that the city’s 27 zoning districts had been consolidated down to 18. The SF-E zoning district was eliminated by combining it into the AG Agricultural District. Per City of Anna Code of Ordinances Section 9.04.006(a) “…The zoning districts are established according to Table 1: Zoning Equivalency.” This table is found in Section 9.04.006(b) and clearly shows that the previous SF-E district is now AG. The argument that the consolidation to AG applies only to newly annexed areas going forward, and that previous SF-E zoned property remains zoned as SF-E, is problematic. How would that work? Where would owners and developers of SF-E zoned property go to find the uses permitted, or setbacks, or other applicable requirements when the old ordinance has been completely repealed and replaced? There are no regulations for SF-E in the new ordinance. There is no SF-E District in the Use Table (Table 19) found in Section 9.04.028 of the City of Anna Code of Ordinances. Furthermore, if SF-E zoned parcels remain zoned SF-E, there is no need for the Zoning Equivalency Table (Table 1) in Section 9.04.006(b). An equivalency table only makes sense where parcels already have a zoning classification, and that classification is changed. Clearly, all SF-E zoned parcels are now zoned AG. The applicable regulations for Lot 19 are now those of the AG Agricultural District. The AG Agricultural District is not a residential district. Table 1: Zoning Equivalency in Section 9.04.006(b) groups zoning districts by category in the left-hand column. The AG Agricultural District is in its own category labelled “Agricultural.” The category “Residential” only includes the “SF,” “MD,” and “MF” districts. It does not include AG. These categories are also reflected in the column colors in the Use Table (Table 19) in Section 9.04.028 where the SF districts are yare grouped in yellow, the MD and MF districts are grouped in orange, and the AG Agricultural District has its own separate color (green). Because the zoning classification of Lot 19 is no longer residential, the prohibition in Section 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply and a Specific Use application for a commercial antenna support structure on this parcel can be considered. Question #2: Whether Lot 19R is “used or platted for single-family, two-family, or single-family attached dwelling purposes”. Director’s Interpretation: The Urban Crossing Replat was approved by the City Council on June 11, 2013, and recorded with the Collin County Clerk on December 27, 2013. Per the plat, Block A, Lot 19R is dedicated as a Common Area lot to be maintained by the Homeowner’s Association. As set forth in Ordinance No. 318-2007 adopted by City Council on March 27, 2007, and reflected on the official City of Anna Zoning Map, the Urban Crossing subdivision is zoned Single-Family-Residential Large Lot (SF-E) and is developed as a single-family residential neighborhood. 5 Lot 19R is a Common Area lot, platted and zoned as a property within the Urban Crossing single-family residential subdivision. Lot 19R was zoned and intended for the use and enjoyment of the surrounding residential neighborhood. The property’s SF-E zoning ensures that Lot 19R can be used for single-family residential uses as permitted by the Zoning Ordinance and further allowed under the Urban Crossing Homeowner’s Association governing documents. In summary, Lot 19R is within the SF-E zoning district and is a platted lot for single-family dwelling purposes. Applicant’s Position: The Director Interpretation improperly ignores the word “dwelling” in applying the prohibition on commercial antenna support structures in Section 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances to Lot 19. Even if Lot 19 is determined to be in a residential district, the prohibition is not applicable because the lot is not used or platted for a dwelling. The objective of Section 9.04.037(b)(4)(E) is not to prohibit a commercial antenna support structure in a residential district (indeed, Table 19: Use Table in Section 9.04.028 allows this use in any district with approval of a Specific Use Permit). Rather, the objective is solely to rule out parcels with a dwelling or platted for a future dwelling. a. Not Used for a Dwelling The only current uses of Lot 19 are utility and communications uses. There is a Texas Power & Light Company (TXU Energy) utility 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 existing 60’ lattice tower on the parcel. Please see the Google Street View provided in the record as Interpretation Request, Exhibit A. Section 5.17 of the Urban Crossing “Declaration of Covenants, Conditions and Restrictions” dated September 5, 2022, specifically allows for HOA approval of a tower on the HOA lot (Interpretation Request, Exhibit D). The HOA voted 25-2 to approve this project on the parcel at an HOA meeting on February 20, 2024 (Interpretation Request, Exhibit E). This is consistent with current uses of the parcel for utility and communications uses. This parcel is not used for dwelling purposes – it is used for utility and communications purposes and approved for this proposed commercial antenna support structure by the HOA. b. Not Platted for a Dwelling This parcel, Lot 19, Block A, is designated as a “Common Area” on the Urban Crossing Plat (Interpretation Request, Exhibit C). Note 5 on the Plat states: “5. Lot 19, Block A is dedicated to and maintained by the homeowners association.” Consistent with this, the interactive City of Anna Zoning Map (Interpretation Request, Exhibit A) identifies “Land Use Type” as “Common Area” and “Land Use Category” as “Public and Private Parks/Open Spaces.” As a dedicated Common Area, it is not platted for dwelling purposes and can never be used for dwelling purposes. Consequently, the prohibition in Section 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply. 6 Question #3: Whether commercial Radio, TV, or Microwave Operations are permitted on Lot 19R through the consideration of a Specific Use Permit. Director’s Interpretation: No. Lot 19 is zoned Single-Family Residential – Large Lot (SF-E), which is a residential zoning district. The property is platted for single-family residential use. Anna Code Section 9.04.037(b)(4)(E) prohibits commercial antennas and antenna support structures in residential districts on lots platted for single- family purposes. Applicant’s Position: Because the parcel is not used for dwelling purposes or platted for dwelling purposes, the prohibition in Section 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply and a Specific Use application for a commercial antenna support structure on this parcel can be considered. DIRECTOR’S SUMMARY All lots within the Urban Crossing subdivision, including the lot in question, are zoned Single-Family Residential – Large Lot (SF-E). The City Council’s adoption of a new Zoning Ordinance consisted of a zoning text amendment and did not legally change the zoning boundaries of property, resulting in the rezoning of the property in question to Agriculture (AG). Thus, the Zoning Ordinance’s prohibition of commercial antennas in single-family residential districts applies to this property. Lot 19 is a platted property within the Urban Crossing residential subdivision. Lot 19 is a residential property, to be used for the enjoyment and benefit of all properties within the subdivision and maintained by the Homeowner’s Association. Under the City’s Zoning Ordinance, commercial antennas are not a single-family residential use and as such, Anna Code Section 9.04.037(b)(4)(E) prohibits commercial antennas and antenna support structures in residential districts on lots “platted for single-family dwelling purposes”. While the Zoning Ordinance language uses the language “platted for single-family dwelling purposes”, Staff believes that the intent of the Ordinance is to prevent non-residential uses (such as commercial antennas and related support structure) from being located on any property platted for single-family residential use, regardless of whether a residential dwelling is built upon it. That includes Homeowner’s Association lots. While the Applicant may argue that there is already an antenna on the property, the City does not have any documentation that the antenna was approved by the City. Thus, we do not know whether it was legally installed. Whether the existing antenna is a legally conforming use is beyond the scope of the issues at hand. However, the Board should keep in mind that the antenna that the Applicant is proposing is more than twice the height of the existing antenna. Staff are concerned about the precedent that would be set should the Board of Adjustment approve the proposed antenna. Such an approval could trigger a desire by other Homeowner’s Associations to raise money by leasing out their platted common area lots to telecommunication companies and/or other commercial users. Homeowners’ Associations are notoriously underfunded, and many could see this as a mechanism for solving funding deficits. This is against the spirit and intended use of Homeowner’s Associations lots, which are for providing amenities that are for commonly found in residential 7 subdivisions, such as parks, sidewalks, trails, landscaping, screening and amenity centers, for the use and enjoyment of all residents. ATTACHMENTS DIRINT24-0001 - EXHIBIT A – Locator Map DIRINT24-0001 - EXHIBIT B - Applicant’s Request dated August 15, 2024 DIRINT24-0001 - EXHIBIT C - Director’s Interpretation dated September 3, 2024 DIRINT24-0001 - EXHIBIT D - Applicant’s Notice of Appeal dated September 19, 2024 DIRINT24-0001 - EXHIBIT E - Urban Crossing Plat DIRINT24-0001- EXHIBIT F – Zoning Ordinance Sec. 9.04.006. Table 1 CROSSING DR SANDPEBBLECIRU R B A N WAY W COUNTY ROAD 370 East ForkTr i n it y R i v er121 V a n A l s t y n e 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 200 400100 Feet September 2024 C:\Users\cbrooks\OneDrive - City of Anna\GIS\Notification Maps\Notification Maps\ 3019 Crossing Dr Board of Adjustment (DIRINT24-0001) Inset Map 1 INTERPRETATION REQUEST Please accept this document and the accompanying exhibits and applicaƟon form as an official interpretaƟon request by Hemphill, LLC and Urban Crossing Homeowners AssociaƟon in accordance with SecƟon 9.04.053(b) of the City of Anna Code of Ordinances. IntroducƟon Hemphill, LLC is proposing a 125’ monopole commercial antenna support structure that will accommodate Verizon Wireless and 3 addiƟonal providers on a porƟon of Lot 19, Block A of the Urban Crossing Plat leased from the Urban Crossing Homeowners AssociaƟon (“HOA”). 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 (See Exhibit C). SecƟon 5.17 of the Urban Crossing “DeclaraƟon of Covenants, CondiƟons and RestricƟons” dated September 5, 2022 specifically allows for HOA approval of a tower on the HOA lot (See Exhibit D). The HOA voted 25-2 to approve this project on the parcel at an HOA meeƟng on February 20, 2024 (See Exhibit E). The only current uses of the parcel are uƟlity and communicaƟons uses. There is a Texas Power & Light Company (TXU Energy) uƟlity 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 exisƟng 60’ laƫce tower on the parcel. Please see the Google Street View provided as Exhibit A. This parcel is zoned AG Agricultural District. Per SecƟon 9.04.028, Table 19: Use Table, “Radio, TV, or Microwave OperaƟons, Commercial” are allowed in all districts, including the AG Agricultural District, with approval of a Specific Use Permit. However, City of Anna planning staff has indicated that rezoning of this parcel would be necessary before a Specific Use Permit for a commercial antenna support structure could be considered because City of Anna Code of Ordinances SecƟon 9.04.03(b)(4)(E) indicates that “commercial antennas and antenna support structures are prohibited in residenƟal districts on lots used or plaƩed for single-family, two- family, or single-family aƩached dwelling purposes” [emphasis added]. This parcel is neither “residenƟal” nor is it a lot “used or plaƩed for single-family, two family, or single-family aƩached dwelling purposes”. Consequently, we are requesƟng an official interpretaƟon that the prohibiƟon in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply and that no rezoning of the parcel is necessary before Hemphill, LLC can move forward with a Specific Use ApplicaƟon for a commercial antenna support structure. I. The prohibiƟon on commercial antenna support structures in §9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply because the AG Agricultural District is not a “residenƟal district” The City of Anna Zoning Map indicates this parcel is zoned SF-E (AG). Please see Exhibit B. However, the SF-E designaƟon is no longer valid. Ordinance 1068-2023-08, adopted 8/22/2023, eliminated the SF-E zoning district by combining it into the AG Agricultural District per City of Anna Code of Ordinances SecƟon 9.04.006(a) “…The zoning districts are established according to Table 1: Zoning Equivalency.” This table is found in SecƟon 9.04.006(b) and clearly shows that the previous SF-E district is now AG. AddiƟonally, there is no SF-E District in the Table 19: Use Table found in SecƟon 9.04.028 of the City of Anna Code of Ordinances. EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 2 The AG Agricultural District is not a residenƟal district. Table 1: Zoning Equivalency in SecƟon 9.04.006(b) groups zoning districts by category in the leŌ-hand column. The AG Agricultural District is in its own category labelled “Agricultural.” The category “ResidenƟal” only includes the “SF,” “MD,” and “MF” districts. It does not include AG. These categories are also reflected in the column colors in Table 19: Use Table on SecƟon 9.04.028 where the SF districts are yare grouped in yellow, the MD and MF districts are grouped in orange, and the AG Agricultural District has its own separate color (green). Because the parcel is not in a “residenƟal district” the prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply. II. The prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply because the parcel is not used or plaƩed for single-family, two family, or single-family aƩached dwelling purposes Even if the AG Agricultural District was determined to be residenƟal, this is not a lot used or plaƩed for single-family, two family, or single-family aƩached dwelling purposes. This parcel, Lot 19, Block A, is designated as a “Common Area” on the Urban Crossing Plat (See Exhibit C). Note 5 on the Plat states: “5. Lot 19, Block A is dedicated to and maintained by the homeowners associaƟon.” Consistent with this, the interacƟve City of Anna Zoning Map (see Exhibit A) idenƟfies “Land Use Type” as “Common Area” and “Land Use Category” as “Public and Private Parks/Open Spaces.” As a dedicated Common Area it is not plaƩed for dwelling purposes and can never be used for dwelling purposes. Furthermore, SecƟon 5.17 of the Urban Crossing “DeclaraƟon of Covenants, CondiƟons and RestricƟons” dated September 5, 2022 specifically allows for HOA approval of a tower on the HOA lot (See Exhibit D). The HOA voted 25-2 to approve this project on the parcel at an HOA meeƟng on February 20, 2024 (See Exhibit E). This is consistent with current uses of the parcel for uƟlity and communicaƟons uses. A Texas Power & Light Company (TXU Energy) uƟlity easement with a transmission tower and lines and a high- speed internet provider 60’ laƫce tower are already on this parcel (See Exhibit A). This parcel is not used for dwelling purposes – it is used for uƟlity and communicaƟons purposes and approved and approved for this proposed use by the HOA. This parcel is not plaƩed for dwelling purposes – it is plaƩed as a common area dedicated and maintained by the HOA and can never be used for dwelling purposes. Consequently, the prohibiƟon in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply. III. A Specific Use applicaƟon for a commercial antenna support structure can be considered without rezoning the parcel. Because the parcel is not in a “residenƟal district” and/or is not “used or plaƩed for single-family, two family, or single-family aƩached dwelling purposes” the prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply. EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 3 There is nothing to override the indicaƟon in SecƟon 9.04.028, Table 19: Use Table, that “Radio, TV, or Microwave OperaƟons, Commercial” are allowed in the AG Agricultural District with approval of a Specific Use Permit. No rezoning of the parcel is necessary. Conclusion Based on the arguments above and the supporƟng exhibits provided, applicant respecƞully requests an interpretaƟon that: The prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply because the AG Agricultural District is not a “residenƟal district” and/or The prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply because the parcel is not used or plaƩed for single-family, two family, or single-family aƩached dwelling purposes, Consequently, a Specific Use applicaƟon for a commercial antenna support structure can be considered without rezoning the parcel. Respecƞully submiƩed, Ralph Wyngarden, Faulk & Foster, by Ralph Wyngarden, for Applicant Hemphill, LLC and Property Owner Urban Crossing HOA EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 Image capture: Apr 2023 © 2024 Google Anna, Texas Google Street View Apr 2023 See more dates 11104 Co Rd 368 6/12/24, 3:54 PM 11104 Co Rd 368 - Google Maps https://www.google.com/maps/@33.3631429,-96.5874186,3a,37.5y,313.66h,89.55t/data=!3m7!1e1!3m5!1sDhCBNVEMWQQm8Fe67FX7DQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%…1/1 EXHIBIT A EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 Zoning Map Find address or … Maxar, Microsoft | Nearmap Vertical Imagery | Collin Central Appraisal District Powered by Esri50 m 200 ft Parent Property Block Number Parent Property Lot/Tract Number Parent Property Acreage 0.0000 Land Use Type Common Area Land Use Category Public and Private Parks/Open Spaces 2 of 2 Parcel Zoom to 8/1/24, 8:51 PM Zoning Map https://experience.arcgis.com/experience/543d1269e126473097331429979687c9/#data_s=id%3A1f608113bf1544728c16940213fb6f86-Anna_Base_Data_Viewer_9510%3A334194 1/1 EXHIBIT B EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 EXHIBIT CEXHIBIT CEXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 EXHIBIT DEXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 EXHIBIT E EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 EXHIBIT B: APPLICANT'S INTERPRETATION REQUEST, AUGUST 15, 2024 120 W. 7TH St., Anna, TX 75409 Phone: 972-924-2616 www.annatexas.gov September 3, 2024 Hemphill, LLC Attn: Ralph Wyngarden, Faulk & Foster PO Box 1371 West Monroe, LA 71294-1371 RE: Director Interpretation Request Urban Crossing, Block A, Lot 19R City Project Number: DIRINT24-0001 Dear Mr. Wyngarden, This letter is in response to your request for an interpretation of the City of Anna City Code of Ordinances (the “Anna Code”) received by our office on August 15, 2024. Per your application, Hemphill, LLC is proposing to install a 125-foot monopole commercial antenna and related support structure and screening wall on a portion of Urban Crossing, Block A, Lot 19R, commonly known as 3019 Crossing Drive, Anna, Texas. Applicant’s Request The applicant has requested a Director of Development Services interpretation of the following Anna Code regulations: 1.The prohibition of commercial antenna support structures in “residential districts” referred to in Section 9.04.037(b)(4)(E) of the Anna Code. The applicant states this section does not apply because the property in question is located within the Agricultural (AG) zoning district per the Zoning Equivalency Table, which classifies the AG district as “Agricultural” and separate from zoning districts classified as “Residential”, 2.The prohibition of commercial antenna support structures “on lots used or platted for single-family, two-family, or single-family attached dwelling purposes” as referred to in Section 9.04.037(b)(4)(E) of the Anna Code. The applicant states this section does not apply because the property in question is not “used or platted for single-family, two family, or single-family attached dwelling purposes”, EXHIBIT C - Director's Interpretation 2 3. The applicant states that the property in question is zoned Agricultural (AG) and that per Use Table 19 in Section 9.04.028, Radio, TV, or Microwave Operations, Commercial uses are permitted in the AG District through consideration of a Specific Use Permit application. Director’s Interpretation 1. The prohibition of commercial antenna support structures in “residential districts” referred to in Section 9.04.037(b)(4)(E) of the Anna Code. Section 9.04.037(b)(4)(E) of the Anna Code provides that: “Commercial antennas and antenna support structures are prohibited in residential districts on lots used or platted for single-family, two-family, or single-family attached dwelling purposes...” The first question is whether Lot 19R is in a residential district as provided in the Zoning Ordinance. Block A, Lot 19R is located within the Urban Crossing platted subdivision as approved by the Anna City Council on June 11, 2013, and recorded with the Collin County Clerk on December 27, 2013. The plat states that the property is dedicated to and maintained as a Common Area lot to be maintained by the Homeowner’s Association. On March 27, 2007, the Anna City Council approved a rezoning of the Urban Crossing subdivision from Agricultural District (AG) to Single-Family Residential – Large Lot (SF-E) (See attached Ordinance No. 318-2007). The lot in question was included in that rezoning. *Note that the City has referred to the SF-E zoning district as both Single-Family- Large Lot and Single-Family – Estate. On August 22, 2023, the Anna City Council adopted a comprehensive update of the Anna Code, Chapter 9, Planning and Development Regulations (Ordinance No. 1068-2023-08). The Zoning Ordinance (Article 9.04) was part of that comprehensive update. The City approved Table 1: Zoning Equivalency table found in Section 9.04.006. The table provides that the Single-Family Residential - Estate (SF-E) zoning district and Agricultural (AG) zoning districts were combined into a single zoning district (Agricultural (AG)). The intent of this combination was simplification of reference for future zoning classifications since both the SF-E and AG share rural characteristics and a one- acre minimum lot size and so that “AG zoning” would be the district applied to newly annexed areas going forward. The intent was not to retroactively change every existing SF-E district—including platted and fully developed residential subdivisions with existing single-family dwellings—to AG zoning. EXHIBIT C - Director's Interpretation 3 However, while the change was reflected in the revised Zoning Ordinance adopted by City Council on August 22, 2023, a legal rezoning of the Urban Crossing subdivision from SF-E to AG did not take place concurrently with the adoption of the new Zoning Ordinance. Section 9.04.050 General Procedures sets forth the procedural components for specific land use decisions. Per the section, a rezoning requires publication in the City’s official newspaper, mailed notification in accordance with Texas Local Government Code Section 211.007(c), including the 200-foot notification area and 20% protest requirements, and the installation of zoning notification signs on the property in question. This process did not occur and hence did not result in a rezoning of the Urban Crossing with the City Council’s adoption of the updated Zoning Ordinance on August 23, 2024. In summary, Lot 19R continues to be zoned Single Family – Residential Large Lot SF-E, which is a residential zoning district. 2. The prohibition of commercial antenna support structures “on lots used or platted for single-family, two-family, or single-family attached dwelling purposes” as referred to in Section 9.04.037(b)(4)(E) of the Anna Code. The second question is whether Lot 19R is a lot used or platted for single-family dwelling purposes as set forth in the Zoning Ordinance. The Urban Crossing Replat was approved by the City Council on June 11, 2013, and recorded with the Collin County Clerk on December 27, 2013. Per the plat, Block A, Lot 19R is dedicated as a Common Area lot to be maintained by the Homeowner’s Association. As set forth in Ordinance No. 318-2007 adopted by City Council on March 27, 2007, and reflected on the official City of Anna Zoning Map, the Urban Crossing subdivision is zoned Single-Family-Residential Large Lot (SF-E) and is developed as a single-family residential neighborhood. Lot 19R is a Common Area lot, platted and zoned as a property within the Urban Crossing single-family residential subdivision. Lot 19R was zoned and intended for the use and enjoyment of the surrounding residential neighborhood. The property’s SF-E zoning ensures that Lot 19R can be used for single-family residential uses as permitted by the Zoning Ordinance and further allowed under the Urban Crossing Homeowner’s Association governing documents. In summary, Lot 19R is within the SF-E zoning district and is a platted lot for single- family dwelling purposes. 3. The property in question is zoned Agricultural (AG). Per Use Table 19 in Section 9.04.028, Radio, TV, or Microwave Operations, Commercial uses are EXHIBIT C - Director's Interpretation 4 permitted in the AG District through consideration of a Specific Use Permit application. According to Ordinance No. 318-2007 adopted by City Council on March 27, 2007, and reflected on the official City of Anna Zoning Map, the Urban Crossing subdivision is zoned Single-Family-Residential Large Lot (SF-E) and is developed as a single-family residential subdivision. A legal rezoning of the property to Agricultural (AG) did not occur with the adoption of the new Zoning Ordinance by City Council on August 22, 2023. Thus, a Specific Use Permit application is not applicable for the proposed use. Conclusion Based on the above information, it is my interpretation that under Section 9.04.037(b)(4)(E) of the Anna Code, commercial antennas and antenna support structures are prohibited on Block A, Lot 19R, Urban Crossing, because the property is located within a residential district and is a lot used or platted for single-family dwelling purposes. Please note that your request for this zoning interpretation does not constitute an application for the installation of a commercial antenna and does not constitute the submittal of a formal application for rezoning and/or special use permit, as applicable, nor has any fee been paid. Prior to submitting any permits or other development applications to the City of Anna for a commercial antenna and/or antenna support structure, a formal rezoning application would be required to rezone the subject property to a non-residential zoning district. A complete rezoning application would need to be filed with all required documents and fees. See Anna Code, Chapter 9, Article 9.04. See also https://www.annatexas.gov/DocumentCenter/View/3331/Zoning-Application. Depending on the nature of a submission additional documents and materials may be required. See Anna Code Section 9.04.050(m) for information and procedures related to an appeal of this zoning ordinance interpretation. Should you have any questions, please do not hesitate to contact me at (214) 831-5351 or at Sscottsims@annatexas.gov. Stephanie Scott-Sims, AICP Director of Development Services CC: Greg Peters, Assistant City Manager Clark McCoy, City Attorney Lauren Mecke, Planning Manager file EXHIBIT C - Director's Interpretation 1 NOTICE OF APPEAL TO CITY OF ANNA BOARD OF ADJUSTMENT OF DIRECTOR INTERPRETATION DIRINT24-0001 Appellant Hemphill, LLC hereby gives this NoƟce of Appeal to the City of Anna Board of Adjustment of Director InterpretaƟon DIRINT24-0001 issued September 3, 2024. Authority Per Anna Code of Ordinances SecƟon 9.04.074(c)(1) and Texas Local Government Code SecƟon 211.009(1), the Board of Adjustment has the authority to review alleged errors in a determinaƟon made by an administraƟve official of the City. Ordinance Provision at Issue Anna Code of Ordinances SecƟon 9.04.03(b)(4)(E) states: “Commercial antennas and antenna support structures are prohibited in residenƟal districts on lots used or plaƩed for single-family, two-family, or single-family aƩached dwelling purposes…” [emphasis added]. This prohibiƟon does not apply in zoning districts not classified as residenƟal. Even in a residenƟal district, this prohibiƟon does not apply to lots that are not used or plaƩed for dwelling purposes. Record Appellant hereby provides the following items for inclusion in the record on appeal:  Request for Zoning Ordinance InterpretaƟon ApplicaƟon Form  InterpretaƟon Request with Exhibits A-E  Director InterpretaƟon DIRINT24-0001 Alleged Errors/Grounds for Appeal Director InterpretaƟon DIRINT24-0001 should be reversed because of the following errors: 1. The Director InterpretaƟon improperly relies on an SF-E Zoning District designaƟon that no longer exists to classify the zoning of Lot 19 as residenƟal and apply the prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances. The SF-E designaƟon is no longer valid. Ordinance 1068-2023-08, adopted 8/22/2023, completely repealed and replaced the old zoning ordinance. In that meeƟng the city ’s consultant reviewed the new ordinance under consideraƟon and highlighted that the city’s 27 zoning districts had been consolidated down to 18. The SF-E zoning district was eliminated by combining it into the AG Agricultural District. Per City of Anna Code of Ordinances SecƟon 9.04.006(a) “…The zoning districts are established according to Table 1: Zoning Equivalency.” This table is found in SecƟon 9.04.006(b) and clearly shows that the previous SF-E district is now AG. The argument that the consolidaƟon to AG applies only to newly annexed areas going forward, and that previous SF-E zoned property remains zoned as SF-E, is problemaƟc. How would that work? Where would owners and developers of SF-E zoned property go to find the uses permiƩed, or setbacks, or other applicable requirements when the old ordinance has been completely repealed and replaced? There are no regulaƟons for SF-E in the new ordinance. There is no SF-E District in the Use Table (Table 19) found in SecƟon 9.04.028 of the City of Anna Code of Ordinances. Furthermore, if SF-E zoned parcels remain 2 zoned SF-E, there is no need for the Zoning Equivalency Table (Table 1) in SecƟon 9.04.006(b). An equivalency table only makes sense where parcels already have a zoning classificaƟon and that classificaƟon is changed. Clearly, all SF-E zoned parcels are now zoned AG. The applicable regulaƟons for Lot 19 are now those of the AG Agricultural District. The AG Agricultural District is not a residenƟal district. Table 1: Zoning Equivalency in SecƟon 9.04.006(b) groups zoning districts by category in the leŌ-hand column. The AG Agricultural District is in its own category labelled “Agricultural.” The category “ResidenƟal” only includes the “SF,” “MD,” and “MF” districts. It does not include AG. These categories are also reflected in the column colors in the Use Table (Table 19) i n SecƟon 9.04.028 where the SF districts are yare grouped in yellow, the MD and MF districts are grouped in orange, and the AG Agricultural District has its own separate color (green). Because the zoning classificaƟon of Lot 19 is no longer residenƟal, the prohibiƟon in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply and a Specific Use applicaƟon for a commercial antenna support structure on this parcel can be considered. 2. The Director InterpretaƟon improperly ignores the word “dwelling” in applying t he prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances to Lot 19. Even if Lot 19 is determined to be in a residenƟal district, the prohibiƟon is not applicable because the lot is not used or plaƩed for a dwelling. The objecƟve of SecƟon 9.04.037(b)(4)(E) is not to prohibit a commercial antenna support structure in a residenƟal district (indeed, Table 19: Use Table in SecƟon 9.04.028 allows this use in any district with approval of a Specific Use Permit). Rather, t he objecƟve is solely to rule out parcels with a dwelling or plaƩed for a future dwelling. a. Not Used for a Dwelling The only current uses of Lot 19 are uƟlity and communicaƟons uses. There is a Texas Power & Light Company (TXU Energy) uƟlity 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 exisƟng 60’ laƫce tower on the parcel. Please see the Google Street View provided in the record as InterpretaƟon Request, Exhibit A. SecƟon 5.17 of the Urban Crossing “DeclaraƟon of Covenants, CondiƟons and RestricƟons” dated September 5, 2022, specifically allows for HOA approval of a tower on the HOA lot (InterpretaƟon Request, Exhibit D). The HOA voted 25-2 to approve this project on the parcel at an HOA meeƟng on February 20, 2024 (InterpretaƟon Request, Exhibit E). This is consistent with current uses of the parcel for uƟlity and communicaƟons uses. This parcel is not used for dwelling purposes – it is used for uƟlity and communicaƟons purposes and approved for this proposed commercial antenna support structure by the HOA. b. Not PlaƩed for a Dwelling This parcel, Lot 19, Block A, is designated as a “Common Area” on the Urban Crossing Plat (InterpretaƟon Request, Exhibit C). Note 5 on the Plat states: “5. Lot 19, Block A is dedicated to and maintained by the homeowners associaƟon.” Consistent with this, the interacƟve City of Anna Zoning Map (InterpretaƟon Request, Exhibit A) idenƟfies “Land Use Type” as “Common Area” and “Land Use Category” as “Public and Private 3 Parks/Open Spaces.” As a dedicated Common Area, it is not plaƩed for dwelling purposes and can never be used for dwelling purposes. Consequently, the prohibiƟon in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply. Because the parcel is a not used for dwelling purposes or plaƩed for dwelling purposes, the prohibiƟon in SecƟon 9.04.037(b)(4)(E) of the City of Anna Code of Ordinances does not apply and a Specific Use applicaƟon for a commercial antenna support structure on this parcel can be considered. Conclusion Appellant Hemphill, LLC respecƞully requests that the Board of Adjustment reverse the Director DeterminaƟon that the prohibiƟon on commercial antenna support structures in SecƟon 9.04.037(b)(4)(E) is applicable to Lot 19 and instead determine that the prohibiƟon is not applicable – either on the basis that Lot 19 is not in a residenƟal district or, on the alternaƟve basis that the Lot 19 is not used or plaƩed for dwelling purposes. Respecƞully submiƩed, _______________________________________________________ Dated: 9/19/24 Faulk & Foster, by Ralph Wyngarden, for Applicant Hemphill, LLC EXHIBIT F: Urban Crossing Plat EXHIBIT F: Urban Crossing Plat §9.04.006. Districts established. (a)Generally.The city is geographically divided into base, overlay, and special zoning districts. The zoning districts are established according to table 1: zoning equivalency. (1)Base districts capture the major development categories, including residential and nonresidential uses and development activities. Each base district includes permitted uses and dimensional standards. (2)Overlay districts establish additional standards within a base district. (3)Special districts also establish additional standards within a base district, but some standards may be unique to individual developments as determined through the site plan approval process. (b)Zoning equivalency.See table 1: zoning equivalency. Table 1: Zoning Equivalency Zoning Category Page Number Current Zoning District Previous Zoning District Agricultural 6 AG Agricultural 43,560 square feet min. lot size AG Agricultural 43,560 square feet min. lot size SF-E Single-Family Residential Estate 43,560 square feet min. lot size Residential 7 SF-20.0 Single-Family Residential 20,000 square feet min. lot size SF-20.0 Single- Family Residential 20,000 square feet min. lot size 8 SF-14.5 Single-Family Residential 14,500 square feet min. lot size SF-14.5 Single- Family Residential 14,500 square feet min. lot size 9 SF-12.0 Single-Family Residential 12,000 square feet min. lot size SF-12.0 Single- Family Residential 12,000 square feet min. lot size 10 SF-10.5 Single-Family Residential 10,500 square feet min. lot size SF-10.5 Single- Family Residential 10,500 square feet min. lot size City of Anna, TX Downloaded from https://ecode360.com/AN6227 on 2024-09-26 EXHIBIT F - Zoning Ordinance Sec. 9.04.006 Table 1 Table 1: Zoning Equivalency Zoning Category Page Number Current Zoning District Previous Zoning District 11 SF-8.4 Single-Family Residential 8,400 square feet min. lot size SF-84 Single-Family Residential 8,400 square feet min. lot size 12 SF-7.2 Single-Family Residential 7,200 square feet min. lot size SF-72 Single-Family Residential 7,200 square feet min. lot size SF-1 Single-Family Residential 7,200 square feet min. lot size 13 SF-6.0 Single-Family Residential 6,000 square feet min. lot size SF-60 Single-Family Residential 6,000 square feet min. lot size SF-2 Single-Family Residential 6,000 square feet min. lot size 14 MD Mixed-Density Residential 4,500 square feet min. lot size SF-Z Single-Family Residential Zero Lot Line 4,500 square feet min. lot size SF-TH Single-Family Townhouse 2,700 square feet min. lot size TF Two-Family Residential 7,200 square feet min. lot size MH-1 Manufactured Home 6,000 square feet min. lot size City of Anna, TX § 9.04.006 § 9.04.006 Downloaded from https://ecode360.com/AN6227 on 2024-09-26 EXHIBIT F - Zoning Ordinance Sec. 9.04.006 Table 1 (Ordinance 1068-2023-08 adopted 8/22/2023) Table 1: Zoning Equivalency Zoning Category Page Number Current Zoning District Previous Zoning District MH-2 Manufactured Home Park 5,000 square feet min. lot size 15 MF Multifamily Residential MF-1 Multiple-Family Residential (Medium Density) MF-2 Multiple-Family Residential (High Density) Commercial 17 C-1 Local Commercial C-1 Restricted Commercial NC Neighborhood Business 18 C-2 Regional Commercial C-2 General Business C-3 Planned Center O-1 Office 19 MU Mixed-Use CBRD Central Business Redevelopment 20 DT Downtown Industrial 22 I-1 Light Industrial I-1 Light Industrial 23 I-2 Heavy Industrial I-2 Heavy Industrial Special 24 THOR Thoroughfare Overlay THOR Thoroughfare Overlay 24 PD Planned Development PD Planned Development City of Anna, TX § 9.04.006 § 9.04.006 Downloaded from https://ecode360.com/AN6227 on 2024-09-26 EXHIBIT F - Zoning Ordinance Sec. 9.04.006 Table 1