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HomeMy WebLinkAboutZBA_Agenda&Minutes_2009Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, December 15, 2009 The Zoning Board of Adjustment will meet on Tuesday, December 15, 2009 at 06:00 PM in the Council Chambers, located at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Leo Wood, Chair, Patrick Lawson, Steve Lampinstein, Jenel Looney, Marjorie Herbert Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting on November 19, 2009 3.Public Hearing and possible action on a Special Exception for a setback modification for the expansion of a residential structure located in the Old Town Historic Overlay, for Clamp’s Addition Revised, Block A (nw/pt), located at 803 S. College Street. (RW) EXP-2009-001 http://www.georgetown.org/gis/plds/ZBA/EXP2009_001.pdf 4.Adjourn. Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2009, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, December 15, 2009 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , December 15, 2009 . Members Present: Leo Wood, Chair; Steve Lampinstein, Vice Chair; Marjorie Herbert, Jenel Looney Members Absent: Patrick Lawson Staff Present: Valerie Kreger, Principal Planner; Robbie Wyler, Historic Downtown District, Planner; Stephanie McNickle, Recording Secretary. Minutes Regular Meeting Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551.) 1.Action from Executive Session. There was no Executive Session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting on November 19, 2009 Motion by Lampinstein to approved the November 19, 2009 minutes. Second by Herbert. Approved. (4-0) Public Hearing and possible action on a Special Exception for a setback modification for the expansion of a residential structure located in the Old Town Historic Overlay, for Clamp’s Addition Revised, Block A (nw/pt), located at 803 S. College Street. (RW) EXP-2009-001 Staff report given by Robbie Wyler. The applicant is requesting Special Exception approval to build a 3,651 square-foot, three-story addition onto the existing 5,138 square-foot house. A portion of the addition will be built in the same location as a former detached structure that was demolished after approval was granted from the Historic and Architectural Review Commission (HARC). The structure was located within a required setback and the owners are asking to build the addition at that same setback encroachment due to the configuration of the property and to keep alterations to the historic house to a minimum. The Unified Development Code (UDC) requires there be at least a 6-foot side setback and a 10-foot rear setback . The first story side encroachment will range from 4 feet 2 inches to 1 foot 5 inches from the side property line and 3 feet 8 inches from the rear property line. Beyond the first story, the remaining portion of the expansion will be compliant with UDC regulations. All portions of the addition that encroach into setback will remain below 15 feet in height as required by UDC Section 4.09.040.C.2, that states any building that encroaches into the minimum setbacks of the Code by an approved Special Exception for setback modification shall be limited to fifteen (15) feet in height. The applicant’s reason for maintaining the setback encroachment is to utilize area that, up until recently, had a standing structure. The applicant prefers to preserve the front, back and side yards of the historic property in addition to keeping most of the windows on the original house. The applicant would not be losing any backyard with the current proposal. An addition in any other location would require alterations to the structure that would be more visible from the street. UDC Section 4.09.040, Special Exception for setback modification, allows the new addition to encroach into the setback with approval from ZBA. On August 27, 2009, the Historic and Architectural Review Commission (HARC) approved the demolition of an 837 square-foot detached structure that included a garage and living space. The applicant provided evidence that the garage was in poor condition and could not be rebuilt or used as part of the overall expansion project. With the structure gone, the applicant is now required to meet all current setback regulations and is requesting setback modification to allow for the expansion to the house where the former structure once stood. The new addition will be 71% the size of the main house, but will be mostly outside of the rear and side setbacks , as previously mentioned. As stated in the report, the applicant only needs approval for the first story portion of the addition that will extend into the required side and rear setbacks. The applicant will be constructing the remaining portions of the expansion outside of the current setback. Per UDC Section 4.09.040.B, Review Criteria for Special Exception for Setback Modification, the Zoning Board of Adjustment (Board) shall base a decision to allow setback modification on review of the factors included in this Section as well as the site’s specific circumstances. Staff recommends approval of the Special Exception for the proposed setback modification to allow the described addition of the house within 4 feet 2 inches of the property line at the southwest corner of the addition, within 1-foot 5 inches of the side property line at the southeast corner, and within 3 feet 8 inches of the rear property line. The addition will be no taller than 15 feet within setbacks, as depicted in Exhibit 3. Further, staff wants to remind the Board that they should consider both UDC Section 4.09.040.B, noted above, and the intent of the applicant when determining whether or not to grant the Special Exception. Chair Wood invited the applicant to speak. Todd Cox, applicant stated he has put in a lot of time and work into the project. He wants to follow the proper steps and wants to get back to working on the project. He has put into a lot of love and care into the house and wishes to continue. He will be glad to answer questions. Commissioner Herbert reviewed over the criteria to meet the guidelines. Staff stated these are just guidelines and are not policies needing to be followed . Staff stated City Permits can not be given unless the Special Exception passes . Height of the house will remain the same. It will only be residential and the owner plans to live there. Chair Wood opened the Public Hearing. Will Moore, 507 Walnut Street, was pleased the percentages were brought up. 441% is outrages and does not understand staff is approving it. We should not ignore the guidelines. Staff should have brought this to the attention to the applicant. Only justification was that he was given prior approval. He needs to go back to the drawing board. ZBA can not approve only to allow the convenience of the applicant. Jay Newson, 604 E. 8 th Street feels the home needs to be brought back to the original state. George Staff, 406 S. Walnut Street can not understand why the home can’t be restored to it’s original state. He feels his property tax will go up due to the size of the home Peter Dana, 1101 Walnut stated the house is too big for the area. Janet Smith, 602 E, 8 th Street stated she has been following the development since it started. Her property is on the setback which is grandfathered. She is concerned that when he encroaches in the setback, then he is closer to her property and she will have a view of the wall. She is also concerned that a tree will be torn down which will take away her view. She feels this building is too big for this area. Henri Knipper, 710 E. 8 th Street stated the house is to big for the area. Bob Hewgley, 1208 S. Austin Ave. stated he is not opposed to the building, but feels the encumbrance is not fair to the neighbors. Carol Harwell, 801 Walnut stated she feels the house is too large for the size of lot. There is no outdoor living area. She is concerned with building a 10,000 square foot home that only has a two car garage. She is concerned this property maybe set up for commercial. Susan Firth, 1403 Olive read a letter from the Board of the Georgetown Historical Society. Ross Hunter, 901 Walnut Street stated he is a member of the task force and deals with the setback. He feels it will have a negatively impact to the south and to the east. He asks the Special Exception for this application be denied. At this time the applicant, Todd Cox stood up and stated that he wishes to withdraw his Special Exception application at this time. Chair Wood thanked the applicant for withdrawing his application. Closed the public hearing. Motion to adjourn at 6:56 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Thursday, November 19, 2009 The Zoning Board of Adjustment will meet on Thursday, November 19, 2009 at 06:00 PM in the Council Chamber and Courts Building, 101 E. 7th Street, Georgetown, Texas 78626 If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Leo Wood, Chair, Patrick Lawson, Steve Lampinstein, Jenel Looney, Marjorie Herbert Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board, appointed by the Mayor and the City Council, acts on requests for variances, interpretations and special exceptions under the Georgetown Zoning Ordinance. Order of Hearing Process: Staff makes a presentation of the project to the Board; The applicant is provided an opportunity to present their project to the Board ; The Board asks questions of both Staff and the applicant ; *The Public Hearing is open, and both proponents and opponents are allowed to speak; The Public Hearing is closed and the Board deliberates on the merits of the case ; and, The Board generates findings to support their decision, a motion is made and seconded, and a vote is taken on the motion presented. Variance approvals require an affirmative vote of 4 members of the Board. * Those who speak please identify yourselves for the meeting record . Regular Session - To begin no earlier than 6:00 p.m. Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session. 2.Consideration and possible action on the minutes of the regular Board of Adjustment meeting on April 30, 2009 3.Presentation and discussion regarding recent UDC amendments regarding Special Exceptions. 4.Public Hearing and possible action on a Special Exception for a setback modification for the expansion of a residential structure located in the Old Town Historic Overlay, for Clamp’s Addition Revised, Block A (nw/pt), located at 803 S. College Street. (RW) EXP-2009-001 *Postponed to the December 15th Board of Adjustment meeting at the request of the applicant* 5.Public Hearing and possible action on a Special Exception for a setback modification for the expansion of a residential structure located in the Old Town Historic Overlay, for Eubank Addition, Block 4, Lot 3, located at 1806 Eubank Street. (RW) EXP-2009-002 6.Public Hearing and possible action on a Variance for screening of roof mounted mechanical equipment, as described in Section 8.09.020 of the Unified Development Code, for R&M Subdivision, Lot 1, also known as BB’s Restaurant, located at 4701 Williams Drive. (CB) VAR-2009-007 7.Adjourn. Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2009, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Thursday, November 19, 2009 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Thursday , November 19, 2009. Members Present: Leo Wood, Chair; Steve Lampinstein, Vice Chair; Marjorie Herbert, Jenel Looney Members Absent: Patrick Lawson Staff Present: Elizabeth Cook, Planning Director; Valerie Kreger, Principal Planner; Stephanie McNickle, Recording Secretary Minutes Regular Meeting Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551.) 1.Action from Executive Session. No Executive Session 2.Consideration and possible action on the minutes of the regular Board of Adjustment meeting on September 15, 2009 Motion by Lampinstein, to approve the September 15 th minutes. Second by Herbert . Approved. (4-0) 3. Presentation and discussion regarding recent UDC amendments regarding Special Exceptions. Valerie Kreger explained the reason for adding Special Exception to the UDC. Creates less strict criteria for the applicant. 4.Public Hearing and possible action on a Special Exception for a setback modification for the expansion of a residential structure located in the Old Town Historic Overlay, for Clamp’s Addition Revised, Block A (nw/pt), located at 803 S. College Street. (RW) EXP-2009-001 *Postponed to the December 15 th Board of Adjustment meeting at the request of the applicant* 5.Public Hearing and possible action on a Special Exception for a setback modification for the expansion of a residential structure located in the Old Town Historic Overlay, for Eubank Addition, Block 4, Lot 3, located at 1806 Eubank Street . (RW) EXP-2009-002 Staff report given by Robbie Wyler. The applicant is requesting Special Exception approval from the Zoning Board of Adjustment (ZBA) to rebuild a covered patio that is partially within the required setback and incorporate it into a larger covered porch that will be part of an overall expansion to the house. They are proposing to expand the approximately 992 square-foot, two-bedroom, one-bath house to just under 2,100 square feet to accommodate their growing family. Beyond the covered porch, the remaining portion of the expansion will be compliant with Unified Development Code (UDC) regulations. As previously stated, the applicant would like to replace the existing covered patio with a larger expanded covered porch. The new covered porch footprint will not extend any further into the setback than the current patio footprint that is 3 foot 8 inches from the property line. The reason for maintaining the encroachment into the setback is to keep a door that provides access from the house to the backyard. UDC Section 4.09.040, Special Exception for Setback Modification, allows the new covered porch to encroach into the setback with approval from ZBA. The applicant has stated that they prefer to maintain cover over the door that will provide access to the proposed covered porch. Chair Wood acknowledged the applicant. Chair Wood opened the public hearing. No one came forward, the public hearing was closed. Motion by Herbert to approve of the Special Exception for setback modification to allow the reconstruction of a covered porch to within 3 feet 8 inches of the side setback and no taller than 8 feet 1/8 inches higher than the foundation. Second by Looney. Approved. (4-0) 6.Public Hearing and possible action on a Variance for screening of roof mounted mechanical equipment , as described in Section 8.09.020 of the Unified Development Code, for R&M Subdivision, Lot 1, also known as BB’s Restaurant, located at 4701 Williams Drive. (CB) VAR-2009-007 Staff report given by Carla Benton . The applicant is requesting to allow a variance to Sections 8.09.020 A, B and C of the Unified Development Code (UDC) that state: A. All mechanical equipment (e.g. air handling equipment, compressors, duct work, transformers and elevator equipment) shall be screened from view from all public rights-of-way and adjoining properties. B. Roof-mounted mechanical equipment shall be shielded from view on four sides. Screening shall consist of materials consistent with the primary building materials, and may include metal screening or louvers which are painted to blend with the primary building. C. Screening shall result in the mechanical equipment blending in with the primary building, and not appearing separate from the building. The proposed variance would allow the existing roof-mounted exhaust vent and mechanical unit to remain without screening in accordance with the requirements of the UDC visible from Williams Drive . The applicant’s request is based on three perspectives. The first is that from an engineering and construction standpoint they consider a screening wall to be unadvisable based on structural support and multiple penetrations to the roof. Second, from an aesthetic and design viewpoint they feel that a screening wall would be a greater distraction than the mechanical equipment and the improvements to the building mitigate the negative visual effects of the equipment. Thirdly, they believe there would be maintenance problems associated with any screen or wall. R & M Subdivision was recorded on April 13, 2004. A Site Plan application was approved on September 14, 2007 that included multiple buildings in the redevelopment of this site. Building 1 was an existing single story metal structure that was part of the larger site redesign and is located directly adjacent to Williams Drive. During the Site Plan review process the applicant’s engineer was advised by memo that all mechanical equipment must be screened. The engineer’s response assured staff that all mechanical equipment would be screened. A note was placed on the Site Plan stating, “Screening of mechanical equipment, dumpsters and parking shall comply with Section 8 of the UDC.” During the Building Inspections review of the building construction plans, they were advised that, “No roof-mounted equipment may be visible.” Notice of the screening requirement was provided from the beginning of the design phase of this building in order to provide ample opportunities to address all design and engineering needed to ensure that no mechanical equipment would be visible or to resolve this issue prior to construction. The Certificate of Occupancy needed to complete the project remains open pending the resolution of this issue. Mr. Wood invited the applicant to speak. Mr. Richmond stated the he did not address any screening because it’s a 30 year old building. Lampinstein suggested not voting on the issue tonight. Chair Wood opened the public hearing. No one came forward, the public hearing was closed. Motion by Margory to allow the roof -mounted mechanical equipment to remain. To clarify the applicant proposes screening by planting 1-2 evergreen trees approved by the City’s Urban Forester. Second by Lampinstein. Approved. (4-0) 7.Motion to adjourn at, 6:40 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, September 15, 2009 The Zoning Board of Adjustment will meet on Tuesday, September 15, 2009 at 06:00 PM in the City Council Chambers at 101 E. 7th Street, Georgetown, Texas 78626 If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Leo Wood, Chair, Patrick Lawson, Steve Lampinstein, Jenel Looney, Marjorie Herbert Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551.) 1.Action from Executive Session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting on April 30, 2009. 3.Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on 10.52 acres in the Porter Survey, also known as the Clearwire Communications Cell Tower upgrade, located at 310 Park Meadow Boulevard. VAR-2009-003 For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/VAR-2009-003.pdf 4.Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on Lot 3, McDaniel Park Subdivision, also known as the Clearwire Communications Cell Tower upgrade, located at 111 N. College Street. VAR-2009-004 For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/VAR-2009-004.pdf 5. Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on 42.36 acres in the Addison Survey, also known as the Clearwire Communications Cell Tower upgrade, located at 151 Carlson Cove. VAR-2009-005 For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/VAR-2009-005.pdf 6.Adjourn. Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2009, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, September 15, 2009 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , September 15, 2009. Members Present: Leo Wood, Chair; Patrick Lawson, Steve Lampinstein, Marjorie Herbert. Members Absent: Jenel Looney Staff Present: Tommy Garcia, Planner; Elizabeth Cook, Director of Community Development; Valerie Kreger, Principal Planner; Cathy Krenek, Recording Secretary. Minutes Regular Meeting Call to order: 6:04 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551.) 1.Action from Executive Session. There was not an executive session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the April 30, 2009 meeting. Motion by Lampinstein, to approve the April 30, 2009 minutes. Second by Herbert. Motion passed 4 – 0. 3.Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on 10.52 acres in the Porter Survey, also known as the Clearwire Communications Cell Tower upgrade, located at 310 Park Meadow Boulevard. VAR-2009-003 Staff report given by Tommy Garcia. The applicant is requesting approval from the Zoning Board of Adjustment in order to expand the existing legal nonconforming telecommunications use. They are proposing to expand the usage of the existing tower to allow for improved network services (data, video and internet) for wireless connections. To achieve this they will need to add a new equipment platform and cabinet on the site, as well as new antennas located approximately 140 feet up the tower. The new cabinet will be three (3) feet by six (6) feet and will be located at the base of the pole . The additional antenna will be placed just below an existing antenna near the top of the tower. Chairman Wood invited the applicant to speak. The applicant was not present. Chairman Wood opened the public hearing. No one came forward and the hearing was closed. Motion by Lampinstein to approve the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, to allow additions to a cell tower on 10.52 acres in the Porter Survey, located at 310 Park Meadow Boulevard. Second by Herbert. Approved. (4-0) 4.Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on Lot 3, McDaniel Park Subdivision, also known as the Clearwire Communications Cell Tower upgrade, located at 111 N. College Street. VAR-2009-004 (TG) Staff report by Tommy Garcia. The applicant is requesting approval from the Zoning Board of Adjustment in order to expand the existing legal nonconforming telecommunications use. They are proposing to expand the usage of the existing tower to allow for improved network services (data, video and internet) for wireless connections. To achieve this they will need to add a new equipment platform and cabinet on the site, as well as new antennas located approximately 142 feet up the tower. The new cabinet will be three (3) feet by six (6) feet and will be located at the base of the pole. The additional antenna will be placed just below an existing antenna near the top of the tower . Staff recommends approval of the expansion of a nonconforming use, as described in Section 14.03.020.C of the Unified Development Code, to allow additions to a cell tower in the McDaniel Park Subdivision, Lot 3, located at 111 N. College Street. Chairman Wood invited the applicant to speak. The applicant was not present. Chairman Wood opened the public hearing. No one came forward and the public hearing was closed. Motion by Lawson to approve the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, to allow additions to a cell tower in the McDaniel Park Subdivision, Lot 3, located at 111 N. College Street. Second by Herbert . Approved. (4-0) 5. Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on 42.36 acres in the Addison Survey, also known as the Clearwire Communications Cell Tower upgrade, located at 151 Carlson Cove. VAR-2009-005 (TG) Staff report by Tommy Garcia. The applicant is requesting approval from the Zoning Board of Adjustment in order to expand the existing legal nonconforming telecommunications use. They are proposing to expand the usage of the existing tower to allow for improved network services (data, video and internet) for wireless connections. To achieve this they will need to add a new equipment platform and cabinet on the site, as well as new antennas located approximately 160 feet up the tower. The new cabinet will be three (3) feet by six (6) feet and will be located at the base of the pole. The additional antenna will be placed just below an existing antenna near the middle of the tower . Chairman Wood invited the applicant to speak. The applicant was not present. Chairman Wood opened the public hearing. No one came forward and the public hearing was closed. Motion by Herbert to approve the expansion of the nonconforming wireless telecommunications tower located at 151 Carlson Cove to allow the additional antenna and associated equipment. Second by Lawson Approved. (4-0) Liz Cook informed the Board that Mark Sokolow from the City of Port Aurthor has been hired as the new City Attorney and will be startng October 19 th . 7. Motion to adjourn at 6:17 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, August 18, 2009 The Zoning Board of Adjustment will meet on Tuesday, August 18, 2009 at 06:00 PM in the City Council Chambers at 101 W. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Leo Wood, Chair, Patrick Lawson, Steve Lampinstein, Jenel Looney, Marjorie Herbert Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM MEETING POSTPONED TO SETEMBER 15,2009 AT 6 P.M. IN THE CITY COUNCIL CHAMBERS (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551.) 1.Action from Executive Session. 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting on April 30, 2009. 3.Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on 10.52 acres in the Porter Survey, also known as Clearwire Communications, located at 310 Park Meadow Boulevard. VAR-2009-003 For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/VAR-2009-003.pdf 4.Public Hearing and possible action regarding the expansion of a nonconforming use , as described in Section 14.03.020.C of the Unified Development Code, for an antenna addition on a wireless telecommunications tower on Lot 3, McDaniel Park Subdivision, also known as Clearwire Communications, located at 111 N. College Street. VAR-2009-004 For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/VAR-2009-004.pdf 5.Adjourn. Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2009, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Thursday, April 30, 2009 The Zoning Board of Adjustment will meet on Thursday, April 30, 2009 at 06:00 PM in the Council and Courts Building, located at 101 W. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Leo Wood, Chair, Patrick Lawson, Steve Lampinstein, Marjorie Herbert, Jenel Looney. Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1.Action from Executive Session 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the October 21, 2008 meeting. 3.Public Hearing to consider a Variance to Unified Development Code Section 6.03.040 Non-Residential Lot Dimensions, Interpretations and Exceptions, Section 7.04.040 Exterior Building Materials, Section 7.04.070 Roof Treatments, Section 7.04.080 Roof Types and Materials, and Section 8.09.020 Screening of Mechanical Equipment, for 2.3 acres in the Dyches Survey, also known as the CARTS Georgetown Station, located at 3620 South Austin Avenue. (VAR-2009-001) (VK) For more information on this item, click here: http://www.georgetown.org/gis/plds/ZBA/VAR-2009-001.pdf and http://www.georgetown.org/gis/plds/ZBA/VAR-2009-001a.pdf 4.Review and discussion of the Unified Development Code (UDC). 5.Review and discussion on the role of the Zoning Board of Adjustment. 6.Adjourn. Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2009, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Hamilton, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Thursday, April 30, 2009 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Thursday , April 30, 2009. Members Present: Leo Wood, Chair, Patrick Lawson, Steve Lampinstein, Marjorie Herbert, Jenel Looney. Members Absent: Staff Present: Elizabeth Cook, Planning Director; Valerie Kreger, Principal Planner; Cathy Sisk, Recording Secretary. Minutes Regular Meeting Call to order: 6:01 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act , Texas Government Code Chapter 551.) 1.Action from Executive Session. There was not an executive session. None 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the April 30 th , meeting. Motion by Herbert, to approve the October 21st, 2008 minutes. Second by, Lampinstein. Motion passed 5 – 0. 3.Public Hearing to consider a Variance to Unified Development Code Section 6.03.040 Non-Residential Lot Dimensions, Interpretations and Exceptions, Section 7.04.040 Exterior Building Materials, Section 7.04.070 Roof Treatments, Section 7.04.080 Roof Types and Materials, and Section 8.09.020 Screening of Mechanical Equipment, for 2.3 acres in the Dyches Survey, also known as the CARTS Georgetown Station, located at 3620 South Austin Avenue. (VAR-2009-001) (VK) Kreger stated that the applicant is requesting variances from several sections of the UDC, including the screening of mechanical equipment and siding materials. This application is for the CARTS bus station that will be located at the current parking lot at 3530 South Austin Avenue. This project has been in the works for sometime. The original submittal included some “green” development elements, including solar system and water system, etc. However, the project was scaled back due to budget constraints and those items did not continue through the approval process. Since that site plan approval, the applicant has been selected to receive funds under the Texas Department of Transportation’s American Recovery and Rehabilitation Act to construct a sustainable, “green” project as originally planned. So, the “green” elements are being added back into the project , subject to variance approval. In order to proceed with the project as proposed, several sections of the UDC will need to be varied, Primarily because the UDC has not been updated to address the modern design elements. Kreger then summarized from the report, the list of requested variances. David Marsh, General Manager of Carts, thanked the board for moving this project forward. This facility will provide national and regional intercity bus station facilities and serve as an operation station for commuter and rideshare functions between Georgetown and Austin, using an existing park-n-ride facility owned by the, City. Strategically located on a view corridor on the interstate highway, the facility is designed as a beacon for travelers and commuters. The project incorporates LEED principles in the design. Some of these design elements include: solar and passive strategies, the use of recycled materials, and other sustainable building techniques. The incorporation of rainwater collection helps to irrigate the landscape, thus reducing the demand for water. Additionally, the electrical power of the building will be provided by photovoltaic panels and wind generation, both of which contribute to the ability for the building to be off the grid for the summer months. Construction on the facility began in October 2008. Budget constraints had reduced the scope of the project by 33%. The easiest cuts were all the renewable energy assets of the facility. When the CARTS Georgetown Station was selected on March, 2009 as a project under the Texas Department of Transportation’s American Recovery and Rehabilitation Act (“Stimulus Bill”) for the funding of the “green” elements that had been deleted from the project at time of bid due to cost constraints, a series of circumstances began that now require that CARTS request certain variances to the UDC in order to complete the project of originally designed. CARTS has a 40 year lease with the City of Georgetown. This site is also the old city dump. Development is closing off the old city dump and making a site good for the city. Wood asked do we currently have Greyhound bus services here. Marsh replied, no Greyhound bus service at this time. Wood also asked is there any other facilities going “green in the transit business in the area. Is it going to be a model for the country or a true enhancement for the gateway of the City of Georgetown? Wood has never seen any thing like this and feels it would be very special for the community. Marsh said he wouldn’t take credit for being the first but that we are on the leading edge. This is an on going trend to combine the “green” and transit together. Marsh did want the board to know that the metal siding is not like a Morton Metal building. What we are proposing is an architectural recycled material. The basic fact that it is steel, demonstrates that it is a long-life cladding. Michael McElhaney, is the project Architect for the CARTS project in Georgetown. McElhaney stated that he thinks Marsh, recapped the project well. He asked for any questions. Looney asked what makes the metal siding “greener” than any other options that are already approved in the UDC. McElhaney stated that they first started off, they were using a masonry product on the exterior building, than the budget cut had reduced that to other materials. But the proposed metal siding is a long-life cladding because the recycled steel content never has to be replaced and the factory-applied paint lasts for 30 or 40 years. Recycled materials with a long life make it a “green” project. Lawson asked McElhaney to explain what LEED is. Are the developers going for LEED certification on this project? Will the project receive certifications because they are using recycled steel? How will this project relate to other projects? As the Board approves or disapproves this one, how will it relate to an amendment in the UDC in the future? Lawson explained to the staff that he was asking these question because he wondered whether this ruling would mean the Board would approve recycled metal buildings in the future, and perhaps allow roofs that with a pitch of less than 2 to 12. McElhaney stated project is not signed up and registered to be LEED certified formally. But the developers have used the process as a guideline and incorporated all the elements of LEED that could fit in the project such as indoor air guilty, recycled products, wind generation system, etc. McElhaney stated he is LEED certified. The slope of the roof works to provide the optimal, renewable energy generating arrangement. The solar panels are photovoltaic on the roof surface, and make the photovoltaic panels viable energy sources. The Building will first draw energy from the solar panels before drawing from the City’s electricity grid. Wind turbine does basically the same thing as the solar panels and is a clean energy. Kreger, stated that staff anticipates changes to the UDC allowing a little more flexible in materials. However, these types of sustainable, energy renewing design methods and devices are currently under review and discussion. Motions to approve the requested variance made by Marjorie Herbert, who very much supports this type of building and supports this type of modernize building and updating our UDC to support and encourage green building. Seconded by, Patrick Lawson. Motion passed 5-0. 4. Kreger, discusses the Unified Development Code (UDC) with the Board. The staff has posted quite a list on the UDC website (UDC.georgetown.org). The overall UDC project list is posted there, as well as any draft language, proposed meetings, and summaries of meetings that have been held. This is an interactive site, and the staff encourages the public to get involved and post comments. The first round is ready and will go to Planning and Zoning May 5 th . This round has already gone through two public workshops for public comments during the month of April. May 27 th , it will go to the City Council for first reading. This first round is very simple, including simple corrections, and clarifications of responsibilities. The second round is getting started and will be posted on the website. Some changes to Old Town Overlay District, which has to do with changes such as garages, carports in Old town areas with setback issues. The staff would like the second round of revisions to work out some things in the ordinances so the staff can be more flexible. Kreger welcomed the board to attend any of the meetings. Kreger, then handed out the role of the Zoning Board of Adjustment. 5. Leo Wood made motion to elect, vice chair. Lawson nominates Steve Lampinstein for vice chair. Motion passes with a 5-0 vote. 6. Motion to adjourn at, 7:10 p.m.