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Home My WebLink About2025-03-12 BOA Meeting Packet Item No. 5. Board of Adjustments Agenda Staff Report Meeting Date:3/12/2025 Staff Contact:Everett Johnson AGENDA ITEM: Conduct a public hearing/consider/discuss/action on a for 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 History: January 4, 2025 – The final plat recorded for The Woods at Lindsey Place, Phase 2B (Instrument No. 2025010000030) (“Woods at Lindsey Final Plat”). March 15, 2024 – The final plat recorded for DHI Anna, Block A, Lots 1-3 (Instrument No. 2024010000131) (“DHI Final Plat”). August 22, 2023 – City Council approved Ordinance No. 1068-2023-08, repealing and replacing the City of Anna Zoning Ordinance (Code of Ordinances, Chapter 9, Article 4). October 27, 2020 – City Council approved Ordinance No. 881-2020, rezoning 275± acres generally located at the northwest corner and southwest corner of future Rosamond Parkway and future Ferguson Parkway from Agricultural District (AG) to Planned Development-C-1 Restricted Commercial/C-2 General Commercial District/MF- 2 Multiple-Family Residential – High Density/SF-60 Single-Family Residence District/SF-Z Single-Family Residence District – Zero lot line/TF-Two-Family Residential District (PD-C-1/C-2/MF-2/SF-60/SF-Z/TF). Remarks: Zoning Ordinance Section 9.04.053 (Relief Procedures) provides that the Board of Adjustment has the authority to consider a request for a variance from the terms of the Zoning Ordinance where: (1) The variance is not contrary to the public interest, and (2) Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and (3) The spirit (intent) of varied provision is observed and substantial justice is done. Issue: DHI Anna, a multi-family development, shares its eastern border with The Woods at Lindsey Place single-family residential subdivision. After the final plats for both developments were recorded, it was realized that the borders of the plats in the area in question do not match. The construction of Hunter Lane in The Woods at Lindsey Place resulted in a jag in the street, which effectively shifted the property line of the lots on Hunter Lane, which back onto the DHI Anna property, to shift further back, onto DHI Anna’s lot. The property owners of the developments agree it is in the best interest for the property line to remain as shown on the final plat for The Woods at Lindsey to ensure that the single-family detached lots meet the minimum depth requirement of 120-feet. However, leaving the lot line as-is creates two issues for the DHI Anna property: 1. An area of the property no longer provides the required 60-foot wide vegetative buffer requirement as required in the Planned Development Zoning Ordinance for the development, and 2. Two multi-family buildings no longer meet the 60-foot setback between two-story multi-family buildings and single-family residential buildings required under the Zoning Ordinance. Vegetative Buffer Prior to August 22, 2023, the Zoning Ordinance required multi-family buildings greater than one-story to have a minimum building setback of 60-feet from adjacent single- family zoned property. When the Planned Development Ordinance for DHI Anna was written, City staff and the master developer agreed to make that building setback a vegetative buffer with a sidewalk easement for a public trail. The Substantially Conforming Site Plan (Exhibit A) and the screenshot below (Image 1), illustrates that one duplex-unit building and one garage building would encroach in the Planned Development’s 60-foot vegetative buffer. (Ord. 881-2020 sec. (3)(b)(3)) Vegetative Buffer: A 60-foot-wide vegetative buffer shall be provided on the east and north sides of the district where adjacent to a single-family residential district. The natural tree line shall be preserved as a buffer and in areas where no trees exist, trees with a 3” minimum caliber shall be planted staggered at 25-foot centers with an undulating berm a minimum of three (3) feet in height up to six (6) feet in height. The 60-foot vegetative buffer shall count as the required “60-foot setback from the adjacent property lines for buildings in excess of one story in height. Image 1: Screenshot of the Substantially Conforming Site Plan Two-Story Multi-Family Building Setback Prior to August 22, 2023, the Section 9.04.020 of the Zoning Ordinance provided that in property zoned MF-2 Multiple-Family Residential- High Density, where a side yard or rear yard is adjacent to a single-family residential district, there shall be a 60-foot setback from the adjacent property line for buildings in excess of one story in height. The duplex-unit building shown is a two-story structure has a setback from the adjacent single-family residential zoned property of 55.19 feet, encroaching into the required setback by 4.8 feet, 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. STAFF 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. Staff recommends approval of the variance request. ATTACHMENTS: Locator Application Exhibit A Exhibit B Substantially Conforming Site Plan (DHI Anna, Block A, Lot 1, V 25-0001) Applicant Drawing (DHI Anna, Block A, Lot 1, V 25-0001) GEMMAANNSTN BUDDY HAYES BLVDOZARK HILLS LNGINGKO DR FOGGY WOODS LN TACOMA WAY CHLOE LN SUE ELLEN ST PINEY WOODS WAYHARLOW BLVDCROCKETT WAY ROWAN RD RUSSELL ST WILLIE RAY STRAVENWOOD WAYPIPER ROSE STHUNTER LNRUSTICWAYN CENTRAL EXPYUS HIGHWAY 75KATHARINE STPilotGroveCreekEast ForkTri n i t y Ri v erSisterGroveCreekVan Alstyne 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 300 600150 Feet March 2025 DHI Anna, Block A, Lot 1 Inset Map SUBSTANTIALLY CONFORMING SITE PLAN DHI ANNA IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS E. WITT SURVEY ABSTRACT NO. 997 LOT 1, BLOCK A 507,304 Sq. Ft./11.646 Acres S N W E LOCATION MAP M A T C H L I N E SHT. 2 Type BMHType BMHType BMHS N W E M A T C H L I N E SHT. 1 SUBSTANTIALLY CONFORMING SITE PLAN DHI ANNA IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS E. WITT SURVEY ABSTRACT NO. 997 LOT 1, BLOCK A 507,304 Sq. Ft./11.646 Acres