HomeMy WebLinkAboutAgenda_ZBA_01.19.2021Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
January 19, 2021 at 5:00 PM
at Teleconference
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable
assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's
Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin
Luther King Jr. Street, Georgetown, TX 78626 for additional information; TTY users route through Relay
Texas at 711.
The regular meeting will convene at 5:00 p.m. on January 19, 2021 via
teleconference. To participate, please copy and paste the following weblink
into your browser:
Weblink: https://bit.ly/344rXys
Webinar ID: 949-1603-7062
Password: 901944
To participate by phone:
Call in number: (301)715-8592 or (Toll free) 877-853-5257
Password: 901944
Citizen comments are accepted in three different formats:
1. Submit written comments to planning@georgetown.org by 5:00p.m. on
the date of the meeting and the Recording Secretary will read your
comments into the recording during the item that is being discussed.
2. Log onto the meeting at the link above and "raise your hand" during the
item
3. Use your home/mobile phone to call the toll-free number
To join a Zoom meeting, click on the link provided and join as an attendee.
You will be asked to enter your name and email address (this is so we can
identify you when you are called upon). To speak on an item, click on the
"Raise your Hand" option at the bottom of the Zoom meeting webpage once
that item has opened. When you are called upon by the Recording Secretary,
your device will be remotely un-muted by the Administrator and you may
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Use of profanity, threatening language, slanderous remarks or threats of
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harm are not allowed and will result in you being immediately removed from
the meeting.
Discussion on how the Zoning Board of Adjustment virtual conference will be conducted, to include
options for public comments and how the public may address the Commission -- Sofia Nelson, CNU-
A, Planning Director
Public Wishing to Address the Board
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found at the
Board meeting. Clearly print your name, the letter of the item on which you wish to speak, and present it to the
Staff Liaison, preferably prior to the start of the meeting. You will be called forward to speak when the Board
considers that item.
On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a written
request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the
speaker's name and the specific topic to be addressed with sufficient information to inform the board and the
public. For Board Liaison contact information, please logon to
http://government.georgetown.org/category/boards-commissions/.
A At the time of posting, no persons had signed up to address the Board.
Legislative Regular Agenda
B Consideration and possible action to approve the minutes from the August 18, 2020 regular meeting of the
Zoning Board of Adjustment -- Mirna Garcia, Management Analyst.
C Public Hearing and possible action on a Zoning Variance from the minimum setback requirements of
Unified Development Code Section 6.02.090.A to allow a 15-foot variance from the 30-foot minimum
setback required when the High Density Multi-Family (MF-2) zoning district is adjacent to a residential
zoning district to create a 15-foot minimum setback, for the property located at 3105 Northwest
Boulevard, bearing the legal description of Lot 3, Block B, Reata East subdivision (2020-5-VAR) --
Ethan Harwell, Senior Planner
Adjournment
Certificate of Posting
I, Robyn Densmore, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 808 Martin Luther King Jr. Street, Georgetown, TX 78626, a place readily
accessible to the general public as required by law, on the _____ day of _________________, 2021, at
__________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said
meeting.
__________________________________
Robyn Densmore, City Secretary
Page 2 of 42
City of Georgetown, Texas
Zoning Board of Adjustment
January 19, 2021
SUBJECT:
Consideration and possible action to approve the minutes from the August 18, 2020 regular meeting of the
Zoning Board of Adjustment -- Mirna Garcia, Management Analyst.
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Mirna Garcia, Management Analyst
ATTACHMENTS:
Description Type
minutes Backup Material
Page 3 of 42
Planning & Zoning Commission Minutes Page 1 of 3
August 18, 2020
City of Georgetown, Texas
Zoning Board of Adjustment Meeting
Minutes
Tuesday, August 18, 2020 at 5:00 p.m.
Teleconference Meeting:
https://georgetowntx.zoom.us/j/97193465590?pwd=NldUaDBSbmlsc0dlNkVHelluV2c0dz09
The regular meeting convened at 5:00PM on August 18, 2020 via teleconference at:
https://georgetowntx.zoom.us/j/97193465590?pwd=NldUaDBSbmlsc0dlNkVHelluV2c0dz09 .
Webinar ID: 971-9346-5590. To participate by phone: Call-In Number: Toll Free 888-475-4499.
Password: 901944. Public Comment was allowed via the conference option; no in-person input
was allowed.
Commissioners present: John Marler, Chair; Travis Perthuis; Kaylah McCord; Ed Whitmore;
Stephaney Lafears; Deb Meyer
Staff Present: Andreina Davila-Quintero, Current Planning Manager; Sofia Nelson, Planning Director;
Mirna Garcia, Management Analyst; Ethan Harwell, Senior Planner
Chair Marler called the meeting to order at 5:00 p.m.
Regular Session
A. Discussion on how the Zoning Board of Adjustment virtual conference will be conducted, to
include options for public comments and how the public may address the Commission. – Sofia
Nelson, CNU-A, Planning Director
B. Nomination and selection of Vice-chair and Secretary for the 2020/21 Zoning Board of Adjustment –
Andreina Davila-Quintero, AICP, Current Planning Manager
Motion to nominate Deb Meyer for Vice-Chair by Chair Marler. Second by Commissioner
Perthuis. Motion to nominate Travis Perthuis for Secretary by Commissioner Perthuis. Second
by Commissioner McCord. Approved (5-0).
Public Wishing to Address the Board
C. Public Wishing to Address the Board
At the time of posting, no persons had signed up to address the Board.
Legislative Regular Agenda
D. Discussion and possible action establishing the regular meeting date, time and place of the Zoning
Board of Adjustment for 2020/21. – Andreina Davila-Quintero, AICP, Current Planning Manager
Motion to keep the meetings to the third Tuesday of the month at 5:00pm by Commissioner
McCord. Second by Commissioner Whitmore. Approved (5-0).
Page 4 of 42
Planning & Zoning Commission Minutes Page 2 of 3
August 18, 2020
E. Consideration and possible action to approve the minutes from the April 16, 2019 and December 17,
2019 regular meetings of the Zoning Board of Adjustment -- Mirna Garcia, Management Analyst
Motion to approve the minutes with the exception that the December minutes be amended to
add Commissioner Whitmore by Commissioner McCord. Second by Chair Marler. Approved (5-
0).
F. Public Hearing and possible action on a request for a Zoning Variance from the minimum setback
requirements of Unified Development Code Section 6.02.050.A for the Residential Single-Family
(RS) zoning district to allow 1) a 5-foot variance from the 20-foot front setback to create a minimum
15-foot front setback; 2) a 3-foot variance from the 15-foot required side street setback to create a
minimum 12-foot side street setback; and 3) a 10-foot variance from the required 25-foot street
facing garage setback to create a minimum 15-foot street facing garage setback, for the property
located at 1204 Desaix Drive, bearing the legal description of Lot 26, Block C, Oakmont Subdivision
(2020-2-VAR) -- Ethan Harwell, Senior Planner
Staff report by Harwell. The applicant is requesting a reduction in the required minimum setbacks
for a single-family lot. The applicant is requesting the reduced setbacks to shift the home away
from a steep drop off created by the grading of the lot along the northern portion of the subject
property. In their letter of intent the applicant states that the standard setbacks make the lot more
difficult to build on and would not allow space for the house to have a backyard. The subject
property is the northern most lot in the recently developed Oakmont neighborhood between
Williams Drive and Booty’s Crossing. The lot is located between three streets – Desaix Drive, Clair
Lane, and Country Road (which is currently a stub for future extension). The subject property was
platted as a part of the Oakmont Subdivision in a plat recorded on June 29, 2018. On May 28, 2020 a
residential building permit was issued for the subject property to permit a home with the same
floorplan within the standard setbacks. This permit did have one mistake – the side street setback
was incorrectly identified as 10-feet instead of 15-feet. Later, on June 15, 2020 the applicant
submitted an update to the building permit with a new plot plan showing further encroachments
into the standard setbacks. Construction has begun on the updated plans without the issuance of a
building permit. The approval of the permit is pending based on the status of this zoning variance
request.
Commissioner McCord asked if vehicles parked in the driveway would block the sidewalk.
Harwell explained that it is possible but it depends on the kind of car and also the side of the
driveway the car is parked.
Commissioner Perthuis asked about enforcing deed restrictions, and Harwell explained the City
can’t enforce deed restrictions.
The applicant’s representative Keith Spears addressed the Board and answered their questions.
Commissioner Perthuis asked if there is an issue with scaling down the sides of the house, and if
there are deed restrictions on the square footage of the houses in the neighborhood. The applicant
Page 5 of 42
Planning & Zoning Commission Minutes Page 3 of 3
August 18, 2020
answered that there is a minimum square footage of 1200 sq.ft. This house will be 1885sq.ft, which
is the average size in Oakmont.
Chair Marler opened and closed the Public Hearing as no one signed up to speak.
Motion to approve Item F (2020-2-VAR) by Commissioner McCord. Second by Commissioner
Whitmore. Approved (5-0).
Motion to adjourn by Commissioner Whitmore. Second by Commissioner Marler. Approved (5-
0).
Adjournment at 5:49p.m.
____________________________________ ____________________________________
John Marler, Chair Attest, Travis Perthuis, Secretary
Page 6 of 42
City of Georgetown, Texas
Zoning Board of Adjustment
January 19, 2021
SUBJECT:
Public Hearing and possible action on a Zoning Variance from the minimum setback requirements of
Unified Development Code Section 6.02.090.A to allow a 15-foot variance from the 30-foot minimum
setback required when the High Density Multi-Family (MF-2) zoning district is adjacent to a residential
zoning district to create a 15-foot minimum setback, for the property located at 3105 Northwest
Boulevard, bearing the legal description of Lot 3, Block B, Reata East subdivision (2020-5-VAR) -- Ethan
Harwell, Senior Planner
ITEM SUMMARY:
Overview of Applicant’s Request:
The applicant is requesting to reduce the required setback along the south property line of the subject
property. The dimensional standards established in the UDC require that when a property zoned High
Density Multi-Family (MF-2) is adjacent to a residential zoned property the minimum required side setback
for the multi-family site increase from 15 feet to 30 feet.
According to the applicant’s letter of intent (Exhibit 3), this property is significantly encumbered by the
FEMA floodplain and Protected Trees, which restricts the developable area of the site to the western
portion of the site, thus triggering the need for this variance. Additional information of the context in which
this project sits and justification for a 15-foot setback instead of a 30-foot setback is outlined in this letter.
Staff’s Analysis:
Staff has reviewed the request in accordance with the Unified Development Code (UDC) and other
applicable codes. Staff has determined that the proposed request meets 7 of the 7 the criteria established in
UDC Section 3.15.030 for a Zoning Variance, as outlined in the attached Staff Report.
Public Comments:
As required by the Unified Development Code (UDC), all property owners and registered neighborhood
associations within 300 feet of the subject property were notified of the request (74 notices mailed), a legal
notice advertising the public hearing was placed in the Sun Newspaper (January 3, 2021) and signs were
posted on-site. As of the publication date of this report, staff has received 0 written comments in favor and
2 in opposition of the request.
FINANCIAL IMPACT:
None. The applicant has paid the required application fees.
SUBMITTED BY:
Ethan Harwell, Senior Planner
ATTACHMENTS:
Description Type
2020-5-VAR - Staff Report Cover Memo
Page 7 of 42
Exhibit 1 – Location Map Backup Material
Exhibit 2 – Conceptual Plan Backup Material
Exhibit 3 – Letter of Intent Backup Material
Exhibit 4 – Public Comments Backup Material
Presentation Backup Material
Page 8 of 42
Zoning Board of Adjustment
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 1 of 8
Report Date: January 15, 2021
Case No: 2020-5-VAR
Project Planner: Ethan Harwell, Senior Planner
Item Details
Project Name: The Grove Multi-Family
Project Location: 3105 Northwest Boulevard, within City Council district No. 3.
Legal Description: Lot 3, Block B, Reata East subdivision
Zoning: High Density Multi-Family (MF-2)
Applicant: Kimley-Horn, c/o Benjamin Green, PE
Property Owner: Grove II Property LLC, c/o Rick Miller
Request: Zoning Variance from the minimum setback requirements of Unified
Development Code Section 6.02.090.A to allow a 15-foot variance from the 30-
foot minimum setback, required when the High Density Multi-Family (MF-2)
zoning district is adjacent to a residential zoning district, to create a 15-foot
minimum setback.
Case History: This is the first public hearing of this request.
Page 9 of 42
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 2 of 8
Overview of Applicant’s Request
The applicant is requesting to reduce the required setback along the west half of the south property line
of the subject property. The dimensional standards established in the UDC require that when a property
zoned High Density Multi-Family (MF-2) is adjacent to a residential zoned property the minimum
required side setback for the multi-family site increase from 15 feet to 30 feet.
According to the applicant’s letter of intent (Exhibit 3), this property is significantly encumbered by the
FEMA floodplain and Protected Trees, which restricts the developable area of the site to the western
portion of the site, thus triggering the need for this variance. Additional information of the context in
which this project sits and justification for a 15-foot setback instead of a 30-foot setback is outlined in
this letter.
Site Information
Location:
The subject property is located on the west side of the Northwest Boulevard between Lakeway Drive
and River Bend Drive.
Physical and Natural Features:
The subject property is encumbered by significant stands of Protected Trees and significant amounts of
FEMA 100-year and 500-year floodplain. A dry stream bed wraps around the west and north sides of
the property. During storm events the stream carries enough water to have a floodplain boundary
Page 10 of 42
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 3 of 8
drawn around it. The undevelopable part of the floodplain, the 100-year floodplain, takes
approximately 0.67-acres of the 2.3-acre site, or approximately 29% of the subject property.
On the subject property, 80 trees have been surveyed. The Live Oak and Elm trees range in size from 7-
inches to 20-inches in diameter at breast height (DBH). Approximately half of the trees are located in
the area outside of the floodplain and half are located within the developable area.
Future Land Use and Zoning Designations:
The subject property is located within the Williams Drive Gateway Plan and has a Future Land
designation of High Density Mixed Housing. It is currently zoned High Density Multi-Family (MF-2).
Surrounding Properties:
The subject property sits just south of a commercial property located at the corner of Northwest
Boulevard and Lakeway Drive near the Georgetown Airport. To the south, adjacent development is
mostly moderate density residential products like townhomes or duplexes that was developed between
the late 1990s and the early 2000s. To the north, some existing offices and several Georgetown ISD
campuses (Frost Elementary School, Benold Middle School) serve the adjacent neighborhoods.
Growing interest in commercial development near Georgetown Airport has also seen new commercial
entitlements for properties along Lakeway Drive in recent years.
The current zoning, Future Land Use designation, and existing uses of the adjacent properties to the
north, south, east and west are outlined in the table below:
DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE
North Local Commercial (C-1) Suburban Mixed Use,
Open Space Medical Offices
East High Density Multi-
Family (MF-2)
Mixed Density Neighborhood,
Open Space Duplexes
South
High Density Multi-
Family (MF-2); Residential
Single-Family (RS)
High Density Mixed Housing Townhouses, Duplexes
West Townhouse (TH) Medium Density Mixed Housing,
Open Space Townhouses
Page 11 of 42
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 4 of 8
Approval Criteria
The following are the pertinent sections of the Unified Development Code (UDC) related to this request:
Section 6.02.090 – Lot & Dimensional Standards, High Density Multi-Family District (MF-2)
MF-2 - High Density Multifamily
Lot Size, minimum square feet 2 acres
Dwelling Units per acre, maximum 24 feet
Lot Width, minimum feet 50 feet
Front Setback, minimum feet 25 feet
Side Setback, minimum feet 15 feet
Side Setback to Residential District or an existing single-family home in the ETJ that is
platted and planned for residential use on the Future Land Use Map, minimum feet
30 feet
Rear Setback, minimum feet 15 feet
Rear Setback to Residential District or an existing single-family home in the ETJ that is
platted and planned for residential use on the Future Land Use Map, minimum feet
30 feet
Side/Rear Street Setback, minimum feet 20 feet
Unloaded Street Setback 20 feet
Building Height, maximum feet 45 feet
Impervious Cover, maximum % See Section 11.02
Required Findings
The Zoning Board of Adjustment may authorize a variance from the requirements of the zoning
provisions of the UDC if the variance from the terms of the zoning provisions is not contrary to the
public interest and, due to special conditions, a literal enforcement of the requirements would result in
GISD Campuses
Mariposa at River Bend
Medical Offices
Havins Commercial Tract The Grove Townhomes
Whisper Oaks Condos
Duplexes
River Bend Duplexes
Page 12 of 42
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 5 of 8
unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done. No variance
shall be granted unless the ZBA finds all of the required findings established in UDC Section 3.15.030.A.
Staff has reviewed the submitted Zoning Variance request in accordance with the UDC and other
applicable codes. Staff has determined that the request complies with 7 of the 7 required findings
established in UDC Section 3.15.030.A for a Zoning Variance as outlined below.
ZONING MAP VARIANCE APPROVAL CRITERIA
1. Extraordinary Conditions
That there are extraordinary or special conditions affecting the land
involved such that strict application of the provisions of this Unified
Development Code will deprive the applicant of the reasonable use of
their land. For example, a Zoning Variance might be justified because of
topographic or other special conditions unique to the property and
development involved, while it would not be justified due to
inconvenience or financial disadvantage.
Complies
The condition of adjacent development and the presence of 100-year floodplain create two
extraordinary conditions that affect the development of the subject property.
The side setback of the subject property is required to increase from 15-feet to 30-feet because an
abutting property to the south is zoned Residential Single-Family (RS). The abutting property is a
part of the Whisper Creek Condominium complex which is split zoned between the RS district and
the High Density Multi-Family (MF-2) zoning district. This zoning condition was applied at a time
before our current UDC came into effect. This creates a legal conforming use. The applicant is
proposing the same type of attached townhouse product in a condominium regime that was
developed with the Whisper Creek Condominiums.
As shown on the concept plan (Exhibit 2) the buildable area of the subject property is restricted by
the presence of FEMA 100-year floodplain on the property. This area along the east and northern
boundaries of the subject property is part of a dry stream bed that floods during storm events.
The Water Quality and Stream Buffer requirements of the UDC prohibit development within the
FEMA 100-year floodplain. Compliance with these requirements restricts the buildable area of the
2.3-acre site by approximately 0.67 acres or 29%.
The presence of the floodplain and Water Quality and Stream Buffer already has restricted the
buildable area of this property.
2. No Substantial Detriment
That the granting of the Zoning Variance will not be detrimental to the
public health, safety or welfare or injurious to other property in the area
or to the City in administering this Code.
Complies
The requested variance will not create a substantial detriment to other properties in the immediate
vicinity. The adjacent property to the west and south is the property that may most be impacted.
However, this property is part of a larger townhome condominium development called the
Page 13 of 42
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 6 of 8
ZONING MAP VARIANCE APPROVAL CRITERIA
Whisper Oaks Condominiums. The new setback will be consistent with the setback of the existing
Whisper Oaks Condominium development.
3. Other Property
That the conditions that create the need for the Zoning Variance do not
generally apply to other property in the vicinity.
Complies
Many of the properties in the vicinity of the subject property were either plated or developed
around the same time. However, the subject property is the only undeveloped lot in the area where
a larger setback is required due to adjacency to a residential zoning district.
4. Applicant's Actions
That the conditions that create the need for the Zoning Variance are not
the result of the applicant's own actions.
Complies
The subject property was platted in 1984, annexed into the city limits in 1987, and then given a
multi-family zoning designation under the previous zoning code that transitioned to the High
Density Multi-Family (MF-2) district when the UDC was adopted in 2003. The adjacent property
has always been entitled for single-family, as well as multi-family development, as allowed by the
two zoning districts designated on this property.
A setback as large as 30 feet required under the UDC in effect today was not required until 2014. At
the time the lot configurations were established the setback requirement was similar to what is
requested.
The applicant did not purchase the subject property until 2020.
5. Comprehensive Plan
That the granting of the Zoning Variance would not substantially conflict
with the Comprehensive Plan and the purposes of this Code.
Complies
The subject property is located within the 2030 Plan’s Williams Drive Gateway Plan area and has a
Future Land Use (FLU) designation of High Density Mixed Housing. This FLU designation
encourages higher density residential products (no less than 16 dwelling units an acre) in a
walkable urban environment. The proposed development would support the vision of the Williams
Drive Gateway Plan and the area within it (Policy LU.4).
The proposed development would also be classified as an infill development (Policy LU.5). The
subject property is located at a key location (Policy LU.2) in a neighborhood to provide an
additional housing product type (LU.11) and support transitions between residential and
commercial areas of the City (LU.1).
The proposed development would also be compatible with the purposes of this code. The UDC
establishes larger setbacks between the residential zoning districts and High Density Multi-Family
(MF-2) districts because while they both permit residential uses the MF-2 district allows residential
Page 14 of 42
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 7 of 8
ZONING MAP VARIANCE APPROVAL CRITERIA
uses at a higher density. The increased density creates a different form and set of development
features on the MF-2 and thus the additional setback mitigates the impact that the higher density
may have on adjacent residential property. In addition, the increase in the setback accounts for
space that would be necessary to soft the impact of site features like parking, lighting, upper story
windows, etc. In the case of the subject property, this impact does not need to be mitigated for
being the last lot to be developed with a use that is proposed to be in similar size and scale as the
neighboring properties. As shown in the attached concept plan, the applicant is proposing a
townhome style product that is more similar to the legal non-conforming development in the
adjacent RS district than it is different. Therefore, the need to provide mitigating space between the
two uses holds no ground.
6. Utilization That because of the conditions that create the need for the
Zoning Variance, the application of this Code to the particular piece of
property would effectively prohibit or unreasonably restrict the
utilization of the property.
Complies
The requirement to increase the setback to 30-feet along the west property line can be found to
unreasonably restrict the utilization of the property when taken into context with the other UDC
requirements that limit development on the property, primarily the restriction of any regulated
activity within the FEMA 100-year floodplain.
UDC Section 11.07 establishes the FEMA 100-year floodplain as the boundary for the Water Quality
& Stream Buffer. Approximately, 70 to 114-feet of the property opposite from the RS district is
restricted from any development. The subject property is only approximately 260-feet wide.
Calculating the cumulative impact of the Stream Buffer and larger Setback restricts the applicant to
develop on almost 55% of the total width of the property. The requirement unreasonably restricts
the use of space as relief from the setback requirement can increase the buildable area.
7. Insufficient Findings
The following types of possible findings do not constitute sufficient
grounds for granting a Zoning Variance:
a. That the property cannot be used for its highest and best use.
b. That there is a financial or economic hardship.
c. That there is a self-created hardship by the property owner or their
agent.
d. That the development objectives of the property owner are or will be
frustrated.
Complies
The basis for the proposed variance has no origin in a finding that would constitute insufficient
findings.
In general, the subject property has been undeveloped for 38 years. The presences of 100-year floodplain
constricts the buildable area of the site, and the legal conforming status of the abutting property is not
of serious concern. The two properties will be developed with similar uses.
Page 15 of 42
Planning Department Staff Report
2020-5-VAR
The Grove Multi-Family Page 8 of 8
Public Notification
As required by the Unified Development Code, all property owners within a 300-foot radius of the
subject property were notified of the Zoning Variance request (74 notices), a legal notice advertising the
public hearing was placed in the Sun Newspaper (January 3, 2021) and signs were posted on-site. To
date, staff has received 0 written comments in favor, and 2 in opposition to the request (Exhibit 4).
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Conceptual Plan
Exhibit 3 – Letter of Intent
Exhibit 4 – Public Comments
Page 16 of 42
Location
2020-5-VAR
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Page 17 of 42
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SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC.
2600 VIA FORTUNA
TERRACE I, SUITE 300
AUSTIN, Texas 78746
512-646-2237
State of Texas Registration No. F-928
DWG NAME K:\SAU_CIVIL\THE GROVE MULTIFAMILY\CAD\EXHIBITS\PLANSHEETS\ZONING VARIANCE - CONCEPTUAL PLAN.DWG
LAST SAVED 1/15/2021 9:27 AM
The Grove Multifamily - Conceptual Plan
Georgetown, Texas
November 2020
00 20'40'
GRAPHIC SCALE 20'
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kimley-horn.com 2600 Via Fortuna, Terrace I, Suite 300, Austin, TX 78746 512 646 2237
January 15, 2020
City of Georgetown
Planning Department
RE:Zoning Variance Request
The Grove Multifamily
To Whom is May Concern:
On behalf of our client, MP Capital Partners, Kimley-Horn would like to present this Zoning Variance
request letter for the Grove Multifamily project located at 3105 Northwest Blvd under the case
number 2929-48-SDP. In accordance with the City of Georgetown’s UDC Section 6.02.090.A, this
site is pursuing Zoning Variance to accommodate the project due to site constraints.
The property will be made up of a single legal lot. It is bounded by Northwest Blvd to the East, FEMA
floodplain to its northwest, and existing development to the South.
We would like to highlight the following specific deviation from the UDC requirements for your review:
UDC Section 6.02.090.A– Lot Dimensional Standards
Per the MF2 lot standards table; a side setback to a residential district requires a 30’ setback.
As that section of code shows, technically a 30’ side setback along the south portion of the site
would be required. This is triggered when and development in the MF-2 district is adjacent to a
residential district. This project in particular; the adjacent parcel to the south of our development is
zoned as RS and MF-2 which technically would trigger this buffer. However, the current land use of
the property is multifamily, similar to the product that is proposed on the Grove site plan so we wish
to reduce this 30’ setback to the standard 15’ setback allowed. We believe the intent of the code is
to buffer between conflicting uses, however in this case the uses will be the same and the setback
should not be required.
Below is a list of the required criteria for Zoning Variance Review:
1. Extraordinary Conditions – Based on the existing conditions and setbacks; a FEMA 100-
year floodplain encroaches onto the property approximately 50’-80’ from the northern
boundary. From the southern property, the required 30’ side setback again decreases the
building envelope of this site, leaving about half of the property viable for a structure.
2. No Substantial Detriment – This zoning variance would not be detrimental to the public
health, safety, or welfare of the adjacent properties or this community.
3. Other Property – This property is surround by multifamily use products and this zoning
variance would bring this property in line with surrounding uses.
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Page 2
kimley-horn.com 10415 Morado Circle, Bldg. I, Suite 300, Austin, TX 78759 512 418 1771
4. Applicant’s Actions – This zoning variance request is not the result of the owner’s own
actions.
5. Comprehensive Plan – The proposed use for this site aligns with the current Comprehensive
Plan.
6. Utilization – Due to the significant constraints on this site, it would be difficult to achieve the
proper utilization of the property which it is entitled too through the current zoning and
aligned with the Comprehensive Plan.
This site has remained undeveloped even after this has been legally subdivided. Our client
proposes a desired product meeting the use but in order to make the density work would have to
utilize a majority of the developable area which includes this area within the side setback for its
proposed buildings.
Thank you for your consideration for this Zoning Variance Request for The Grove Multifamily project.
We believe even with this Variance granted, the proposed development meets the intent of the UDC
and the desires of the Planning and Development department’s for high quality development such
as what is being proposed.
Should you require additional information, please contact me at (512) 646-2243 or
ben.green@kimley-horn.com.
Best Regards,
Benjamin L. Green, P.E.
Project Manager
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BILLIE L. BONDESEN
3009 A Whisper Oaks Lane
Georgetown, TX 78628-4221
(512) 695-9607 (cell)
January 09, 2021
RE: 3105 Northwest Blvd
Lot 3, Block B, Reata East Subdivision
(2020-5-VAR)
Attn: Ethan Harwell,
When we spoke on Friday, January 08, 2021, I expressed my concern about the "dry creek bed" that
runs along our mutual property line and the consequences to my property should you build over said
"dry creek bed". You assured me that you intended to build up your side of the creek bed. If you do
that, you will keep the water from flowing over onto your property, but you will cause the water to flow
even further onto my property. When we have had prolonged, heavy rains; this creek has become a
swift white water torrent. As I told you, with the landscape as it is now, the water has come within five
feet of my patio, but if you build up your side of the bank, the water could reach my patio and flood my
shed or even possibly flow under my unit since my foundation is Pier and Beam. If that happens, I will
be in a whole lot of trouble. If you are granted a 15 ft variance instead of a normal 30 ft variance, the
above could become a reality for me and the other residents in my building. Therefore, I OBJECT to your
project being granted this variance of a 15 ft instead of a 30 ft variance!
I purchased my unit (see above address) in early September of 2001 and moved in on 09/18/01 - just 7
days after 9/11. At that time we (myself and the other families who also purchased units) were told that
the land to our north was a One Hundred Year Flood Plane and would never be built on. Now, some
nineteen years later, look at what we are dealing with! A fence was never built on our property line
because of the existing tree line. If you take down all or most of the trees, we will have to put up some
kind of fence just to keep our property secure.
I have left out the information I shared with you about my building being built on sand and being built in
1986. If you wish more information on this subject, I will be glad to send another letter.
As a side note, I turned 80 years young in mid October and resigned five days prior to that date from my
job as a cashier.
I wish you success in moving forward with your project, just please do not put me and my fellow
neighbors at great risk.
Sincerely,
Billie L Bondesen
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1
The Grove Multi-Family
2020-5-VAR
Zoning Board of AdjustmentJanuary 14, 2021
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2
Item Under Consideration
2020-5-VAR
•Public Hearing and possible action on a Zoning Variance from the minimum setback requirements of Unified Development Code Section 6.02.090.A to allow a 15-foot variance from the 30-foot minimum setback, required when the High Density Multi-Family (MF-2) zoning district is adjacent to a residential zoning district, to create a 15-foot minimum setback, for the property located at 3105 Northwest Boulevard, bearing the legal description of Lot 3, Block B, Reata East subdivision (2020-5-VAR).
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3Page 26 of 42
4
High Density Mixed Housing
Medium Density Mixed Housing
Suburban Mixed Use
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5
GISD Campuses
Mariposa at River Bend
Medical Offices
Havins Commercial Tract
The Grove Townhomes
Whisper Oaks Condos Duplexes
River Bend Duplexes
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6Page 29 of 42
7Page 30 of 42
8Page 31 of 42
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The Grove Multi-Family
•2.3-acre site
•24 townhomes
•Planned to be sold as condos
•Platted in 1984
•Annexed & Zoned in 1987
•~0.67-acres or 29% of property located in the 100-year floodplain and Stream Buffer
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UDC Requirements
Section 6.02.090:MF-2 -High Density Multifamily
Lot Size,minimum square feet 2 acres
Dwelling Units per acre,maximum 24 feet
Lot Width,minimum feet 50 feet
Front Setback,minimum feet 25 feet
Side Setback,minimum feet 15 feet
Side Setback to Residential District or an existing single-family home in the ETJ that is
platted and planned for residential use on the Future Land Use Map,minimum feet
30 feet
Rear Setback,minimum feet 15 feet
Rear Setback to Residential District or an existing single-family home in the ETJ that is
platted and planned for residential use on the Future Land Use Map,minimum feet
30 feet
Side/Rear Street Setback,minimum feet 20 feet
Unloaded Street Setback 20 feet
Building Height,maximum feet 45 feet
Impervious Cover,maximum %See Section 11.02
•Residential District. A district established by this Code to be used for primarily residential uses and purposes. Includes the following Districts: RE, RL, RS, TF, TH, or MF and may include MU-DT and AG where existing residential uses apply.
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Proposed 15’ Setback
Required 30’ Setback
FEMA 500-year Floodplain
FEMA 100-year Floodplain
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Zoning Variance
The Zoning Board of Adjustment may authorize a Zoning Variance from the requirements of the zoning provisions of this Unified Development Code if the Variance from the terms of the zoning provisions is:
•Not contrary to the public interest
•Due to special conditions
•A literal enforcement of the requirements would result in unnecessary hardship
•The spirit of this Code is preserved
•Substantial justice done
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Approval Criteria
1. Extraordinary Conditions
That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Zoning Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage.
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Approval Criteria
2. No Substantial Detriment
That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code.
3. Other Property
That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity.
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Approval Criteria
4. Applicant’s Actions
That the conditions that create the need for the Zoning Variance are not the result of the applicant's own actions.
5. Comprehensive Plan
That the granting of the Zoning Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code.
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Approval Criteria
6. Utilization
That because of the conditions that create the need for the Zoning Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.
7. Insufficient Findings
The following types of possible findings do not constitute sufficient grounds for granting a Zoning Variance:
•That the property cannot be used for its highest and best use.
•That there is a financial or economic hardship.
•That there is a self-created hardship by the property owner or their agent.
•That the development objectives of the property owner are or will be frustrated.
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Approval Criteria –UDC Section 3.15.030
Criteria for a Variance Complies Partially Complies Does Not Comply
1. Extraordinary Conditions X
2. No Substantial Detriment X
3. Other Property X
4. Applicant’s Actions X
5. Comprehensive Plan X
6. Utilization X
7. Insufficient Findings X
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Public Notifications
•74 property owners within the 300’ buffer
•Notice in Sun News on Jan. 3
•Signs posted on the property
•To date, staff has received:
•0 written comments IN FAVOR
•2 written comments OPPOSED
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Summary
•Public Hearing and possible action on a Zoning Variance from the minimum setback requirements of Unified Development Code Section 6.02.090.A to allow a 15-foot variance from the 30-foot minimum setback, required when the High Density Multi-Family (MF-2) zoning district is adjacent to a residential zoning district, to create a 15-foot minimum setback, for the property located at 3105 Northwest Boulevard, bearing the legal description of Lot 3, Block B, Reata East subdivision (2020-5-VAR).
•A supermajority (3/4) vote of the Board is required to grant a Variance.
•When making a motion, the Board must make a finding of the criteria.
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