HomeMy WebLinkAboutAgenda_ZBA_02.19.2019Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
February 19, 2019 at 5:00 PM
at Council and Courts Building, located at 101 E 7th Street Georgetown, TX 78626
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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
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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
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A No one has signed up to speak at the time of this posting.
Legislative Regular Agenda
B Consideration and possible action to approve the minutes of the regular meeting of December 4, 2018.
Stephanie McNickle, Recording Secretary
C Public Hearing and possible action on a request for a 10-foot variance from the 25-foot minimum rear
setback when adjacent to a residential district requirement of Unified Development Code (UDC) Section
7.02.020, to allow a 15-foot rear setback on the property located at 601 River Bend, bearing the legal
description of Lot 4, Block 11, Quail Meadow Unit 3. (VAR-2018-004) Chelsea Irby, 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 at all times, on the ______ day of __________________, 2019, at
__________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said
meeting.
____________________________________
Page 1 of 31
Robyn Densmore, City Secretary
Page 2 of 31
City of Georgetown, Texas
Zoning Board of Adjustment
February 19, 2019
SUBJECT:
No one has signed up to speak at the time of this posting.
ITEM SUMMARY:
FINANCIAL IMPACT:
na
SUBMITTED BY:
Page 3 of 31
City of Georgetown, Texas
Zoning Board of Adjustment
February 19, 2019
SUBJECT:
Consideration and possible action to approve the minutes of the regular meeting of December 4, 2018.
Stephanie McNickle, Recording Secretary
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Karen Frost, Recording Secretary
ATTACHMENTS:
Description Type
Minutes_ZBA_12.04.2018 Backup Material
Page 4 of 31
Zoning Board of Adjustment Minutes Page 1 of 2
December 4, 2018
City of Georgetown, Texas
Zoning Board of Adjustment
Tuesday, December 4, 2018, 2018 at 5:00 p.m.
Council and Courts Building located at 101 E. 7th Street Georgetown, TX 78626
Commissioners present: Josh Schroeder, Chair; Alex Fuller; Travis Perthuis; John Marler; and Kaylah
McCord Ed Whitmore (serving for McCord).
Commissioner(s) Absent:
Staff Present: Andreina Davila, Current Planning Manager; Nat Waggoner, Long Range Planning
Manager and Karen Frost, Recording Secretary.
Regular Session
A. (This Regular Session may, at any time, be recessed to convene an Executive Session for any
purpose authorized by the Open Meetings Act, Texas Government Code 551.)
Chair Schroeder opened the meeting at 5:00 and immediately called an Executive Session with
the City Attorney.
• Call to Order
• Pledge of Allegiance – Pitts led the Pledge.
• Comments from the Chair
• Welcome and Meeting Procedures
• Action from Executive Session
B. Consideration and possible approval of the minutes of the May 15, 2018 meeting. Karen Frost,
Recording Secretary
Motion by Marler, second by Fuller to approve the minutes as submitted. Approved 5 – 0.
C. Public Hearing and possible action on a request for a 10-foot variance from the 15-foot
minimum side setback requirement of Unified Development Code (UDC) Section 7.02.020 to
allow a 5-foot side setback on the property located at: A) 910 W University Avenue (C.
Stubblefield survey); and B) 930 W University Avenue (C. Stubblefield survey) (VAR-2018-003).
Chelsea Irby, Senior Planner
Irby presented the staff report and explained the request and the findings that the board must
approve. She explained her recommendation of denial is based on only meeting 6 of the 7
required findings. The applicant has created a self-created need. The applicant already has an
approved site plan. The request is a lower standard than approval criteria. See criteria.
Schroeder asks questions of staff regarding the setbacks of a public facility and whether this is a
legal non-conforming use that should have been rezoned to PF. He is concerned that this
should have been rezoned prior to this time. Kevin Hunter, the applicant explained his request.
He had understood that the setbacks adjacent to the PF zoning district were five feet, which is
what he based his request on. They have a concern about the development size of this area
without the variance. Due to topography, there is limited area of construction for a retail store
of a viable size.
Page 5 of 31
Zoning Board of Adjustment Minutes Page 2 of 2
December 4, 2018
Marler asked if staff would be in support of 10 feet and Irby confirmed staff could support this
since it is allowed by the code. Hunter explains that they would prefer to have the five foot
setback but can work with the ten feet.
Chair Schroeder opened the Public Hearing and with no one coming forth closed it.
Marler moves to grant a five foot variance allowing a setback of ten feet based on findings of
fact that the granting of the zoning variance would not substantially conflict with the
Comprehensive Plan and the purposes of this Code as the setbacks would not change the
current future land use designation or the intent of the land use.
Second by Fuller. Approved 5 – 0.
Adjournment
Motion to adjourn by Marler, second by Fuller at 5:36 p.m.
____________________________________ ____________________________________
Josh Schroeder, Chair Attest, Tim Bargainer, Acting Secretary
Page 6 of 31
City of Georgetown, Texas
Zoning Board of Adjustment
February 19, 2019
SUBJECT:
Public Hearing and possible action on a request for a 10-foot variance from the 25-foot minimum rear
setback when adjacent to a residential district requirement of Unified Development Code (UDC) Section
7.02.020, to allow a 15-foot rear setback on the property located at 601 River Bend, bearing the legal
description of Lot 4, Block 11, Quail Meadow Unit 3. (VAR-2018-004) Chelsea Irby, Senior Planner
ITEM SUMMARY:
Overview of Applicant’s Request:
The applicant is requesting a variance to the rear setback requirements when adjacent to a residential zoning
district of the Local Commercial (C-1) zoning district. The subject property is adjacent to a Low Density
Multi-Family (MF-1) zoned property to the rear. The C-1 zoning district requires a 25’ rear setback when
adjacent to a residential zoned property. The applicant is requesting a 10’ variance to this requirement,
which would reduce the minimum required rear setback to 15’.
Staff’s Analysis:
Staff has reviewed the Zoning Variance request in accordance with the Unified Development Code (UDC)
and other applicable codes. Staff has determined that the proposed request meets 6 of the 6 required
findings established in UDC Section 3.15.030.A for a Zoning Variance as outlined below and in the
attached Staff Report.
Public Comments:
As required by the Unified Development Code, all property owners within a 200 foot radius of the subject
property that are located within City limits were notified of the variance request (15 notices mailed), a legal
notice advertising the public hearing was placed in the Sun Newspaper (February 3, 2019) and signs were
posted on-site. To date, staff has received zero (0) public comments.
FINANCIAL IMPACT:
None. The applicant has paid all required fees.
SUBMITTED BY:
Chelsea Irby, Senior Planner
ATTACHMENTS:
Description Type
VAR-2018-007 - ZBA Staff Report Cover Memo
Attachment 1 - Location Map Backup Material
Attachment 2 - Conceptual Plan Backup Material
Attachment 3 - Letter of Intent Backup Material
Presentation Presentation
Page 7 of 31
Zoning Board of Adjustment
Planning Department Staff Report
Case No. VAR-2018-004
601 River Bend Page 1 of 6
Report Date: February 15, 2019
Case No: VAR-2018-004
Project Planner: Chelsea Irby, Senior Planner
Item Details
Project Name: 601 River Bend
Project Address: 601 River Bend, within City Council district No. 2.
Legal Description: QUAIL MEADOW UNIT 3, BLOCK 11, LOT 4
Applicant: Austin Civil Engineer c/o Michael Martin
Property Owner: Kings River Bend Holding, LLC
Request: The applicant is requesting a variance to the setback requirements of the Local
Commercial (C-1) zoning district. Specifically, a 10-foot setback variance from
the 25-foot minimum rear setback requirement when adjacent to a residential
zoning district, to allow a 15-foot rear setback.
Case History: This is the first public hearing of this request.
Location Map
Page 8 of 31
Planning Department Staff Report
Case No. VAR-2018-004
601 River Bend Page 2 of 6
Overview of Applicant’s Request
The applicant is requesting a variance to the rear setback requirements when adjacent to a residential
zoning district of the Local Commercial (C-1) zoning district. The property is adjacent to a Low-Density
Multi-Family (MF-1) zoned property to the rear. The C-1 zoning district requires a 25’ side rear setback
when adjacent to a residential zoned property. The applicant is requesting a 10’ variance to this
requirement, which would reduce the minimum required rear setback to 15’. The applicant’s letter of
intent (Exhibit 3) lists their reasons for justification of the variance request. The main points for
justification of the variance request include:
• The recent rezoning of the adjacent property imposes standards that limit the commercial
development of the site by only allowing a 19’ depth of buildable area.
• The reduction in setback would not conflict with the character of the area, the UDC, or the
Comprehensive Plan.
Site Information
Location:
The subject property is located approximately 400’ from the northwest corner of the intersection of
River Bend Drive and Williams Drive.
Future Land Use and Zoning Designations:
The Future Land Use designation is Mixed Use Neighborhood Center and the zoning designation is
Local Commercial (C-1).
Surrounding Properties:
The subject property is in an established area just west of Williams Drive. There are commercial uses
on either side of the property that are non-conforming to the current UDC, as well as residential
property further to the south and west. The property adjacent to the north has a Site Development Plan
for a detached multi-family development under review.
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:
LOCATION ZONING DISTRICTS FUTURE LAND USE EXISTING USE
North Low Density Multi-Family (MF-1) Mixed Use
Neighborhood
Center
Vacant (Approved Site
Plan for Multi-Family)
South Residential Single-Family (RS) Residential
East General Commercial (C-3) Commercial
West Local Commercial (C-1) Commercial
Page 9 of 31
Planning Department Staff Report
Case No. VAR-2018-004
601 River Bend Page 3 of 6
Aerial Map
Approval Criteria
The applicant is requesting a 10’ variance to the required 25’ setback from a residential zoning district.
The standard rear setback for the C-1 zoning district 0’. When the C-1 district is adjacent to a residential
district, the rear setback increases to 25’. This 10’ variance would reduce the setback to 15’, which is
greater that than the standard 0’ rear setback.
The following are the pertinent sections of the Unified Development Code (UDC) related to this request:
• Section 7.02.020 – Non-Residential Lot and Dimensional Standards
Staff has reviewed the variance request and the applicant’s stated findings, and has evaluated the
request based on the UDC required findings for a variance in accordance with UDC Section 3.15.030,
which stated:
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
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.
Page 10 of 31
Planning Department Staff Report
Case No. VAR-2018-004
601 River Bend Page 4 of 6
Staff has reviewed the zoning variance request in accordance with the UDC and other applicable codes.
Staff has determined that the proposed request meets 7 of the 7 required findings established in UDC
Section 3.15.030.A for a zoning variance as outlined below.
ZONING VARIANCE CRITERIA FINDING COMMENT
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
There are unique conditions present
because of the size of the lot, and the
recent rezoning of the adjacent
property to the north to Low Density
Multi-Family (MF-1) that imposes
additional standards on this
property. The subject property is
zoned Local Commercial (C-1) and is
approximately 13,000 square feet.
This lot is one of many smaller
commercial lots on River Bend. The
other lots are currently developed.
Due to its size, the applicability of all
development standards (setbacks,
landscaping, bufferyards, parking,
etc.) restricts the developable area of
the lot.
Other Property -
That the conditions that create the
need for the Zoning Variance do not
generally apply to other property in
the vicinity. Complies
The setback requirements triggered
by the recent rezoning of the adjacent
property do not apply to the other
properties in the vicinity because
they are already developed. At the
time that these small commercial
properties were developed, the
additional setback requirements did
not apply.
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 request for the setback variance
stems from the recent rezoning of the
adjacent property to Low Density
Multi-Family (MF-1) and the size of
the lot that was created at the time it
was platted. This was not a result of
the applicant’s own actions.
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 variance would not substantially
conflict with the Comprehensive
Plan. The proposed use is allowed by
the zoning district. The 15’ rear
setback provides an additional 15’
from the standard commercial rear
Page 11 of 31
Planning Department Staff Report
Case No. VAR-2018-004
601 River Bend Page 5 of 6
ZONING VARIANCE CRITERIA FINDING COMMENT
setback requirement. The 15’ rear
setback also provides the necessary
area for the 15’ landscaping buffer
required when commercial is
adjacent to residential.
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 required setback would
unreasonable restrict the use of a
commercial property. Because the lot
is smaller, application of the code
would force a building of reasonable
commercial size to encroach into
required landscaping, bufferyard,
parking, and front setback. These
elements are very important to a site
because they are needed to minimize
any adverse impact on the abutting
properties and surrounding
neighborhood regardless of the
property owner or use.
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
There are no insufficient findings.
The requested variance is due to the
existing conditions of the subject
property, and not because of use,
financial hardship or personal gain.
In summary, the unique condition that created the need for this variance request was the recent
rezoning of the adjacent property to the north that due to the limited size of the property significantly
reduces its developable area. The rezoning to multi-family imposed additional setback requirements
on adjacent commercial properties. The other adjacent commercial properties were developed at a time
when the additional setback standards did not apply, and in compliance of the zoning standards of the
Page 12 of 31
Planning Department Staff Report
Case No. VAR-2018-004
601 River Bend Page 6 of 6
time. The application of the new rear setback requirement would still allow a commercial building to
be constructed, but the parking, landscaping, and front setback would be encroached upon, thus
triggering the need for a variance. These elements are important to any site because they will remain
regardless of the current property owner in order to maintain the character of the neighborhood and
not adversely impact other property. Granting the variance would still provide a rear setback 15’
greater than the standard commercial rear setback. The 15’ setback also allows the space necessary for
the 15’ landscaping buffer required when adjacent to residential zoned property.
Public Comments
As required by the Unified Development Code, all property owners within a 200 foot radius of the
subject property that are located within City limits were notified of the variance request (15 notices
mailed), a legal notice advertising the public hearing was placed in the Sun Newspaper (February 3,
2019) and signs were posted on-site. To date, staff has received zero (0) public comments.
Attachment(s)
Attachment 1 – Location Map
Attachment 2 – Conceptual Plan
Attachment 3 – Applicant’s Letter of Intent
Page 13 of 31
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VAR-2018-004Exhibit #1
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
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VEGETATIVE FILTER
893 SF
VEGETATIVE FILTER
1,549 SF
LOT 4
BLOCK 11
.30 AC
13,000 SF
10' VARIANCE
REQUESTED TO
REDUCE REAR
SETBACK TO 15'
PROPOSED BLDG
2,256 SF
100'
130'
78'
29'
CONCEPTUAL
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sdp-2018-046
NORTHSCALE:
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'
20
sdp-2018-046
Page 15 of 31
December 17, 2018
Mrs. Sofia Nelson, Planning Director
City of Georgetown
Planning and Development
406 W 8th St.
Georgetown, TX 78626
RE: SDP-2018-046 | King’s Commercial Rental Property
601 River Bend, Georgetown, Texas 78628
Quail Meadow Unit 3, Block 11, Lot 4, Recorded in Cabinet C Slide 198
Sec. 3.15.020. - Zoning Variance and Special Exception Process
Dear Mrs. Sofia Nelson,
As representatives of the owner of the Property, we respectfully submit the enclosed request for a Zoning Variance for the
(SDP-2018-046) King’s Commercial Rental Property site plan application.
The site plan encompasses the entire 0.30 acres (13,000 SF) of the property. The subdivision was recorded as Quail
Meadow Unit 3, Block 11, Lot 4, Recorded in Cabinet C Slide 198 in Williamson County Plat Records.
The development is a single-phase commercial project zoned as C-1 (Local Commercial). The purpose of the Zoning
Variance request is a 10’ variance to the requirement of a 25’ rear setback when adjacent to residential zoning (ie a
reduction in the setback from 25’ to 15’). The setback reduction will allow the development of a small 2,256 SF office with
13 parking spaces to suit the project.
The setback reduction requires authorization by the Zoning Board of Adjustments, and therefore a signed Authorization for
Submittal for this project from Chelsea Irby, Senior Planner, is enclosed.
We request that the Zoning Board of Adjustment authorize a Zoning Variance from the requirements of the zoning
provisions of the Unified Development Code provision based on the following:
Extraordinary Conditions.
The intent of the development is a small office with (2) tenants as the properties surrounding the land are also small office developments. In order to provide sufficient parking for both tenants, (13) parking spaces are proposed in a
double loaded parking configuration (see concept plan accompanying this letter).
Due to the recent rezoning of the property immediately to the north of the site from C-1 (Local Commercial) to MF-1
(Low-Density Multifamily), the required rear setback for this site was increased from 0’ to 25’ under section 7.02.020 of
the UDC (Non-Residential Lot and Dimensional Standards. We are requesting a Zoning Variance to be justified because
the rear setback imposed by the rezoning greatly reduces the buildable area on our site. By the time the 50’ of setbacks
are applied (25’ in both the front and rear); only 80’ of buildable depth is left on the .30 acre site. Once the minimum
56’ depth for the double loaded parking and a 5’ sidewalk are accounted for, only 19’ of depth remains for a potential
building..
Page 16 of 31
Page 17 of 31
1
601 River Bend
VAR-2018-004
Zoning Board of Adjustments
February 19, 2019
Page 18 of 31
•Variance Request –VAR-2018-004:
A request for a 10-foot variance from the 25-foot
minimum side setback requirement of Unified
Development Code (UDC) Section 7.02.020 to allow
a 15-foot side setback on the property located at
601 River Bend
Item Under Consideration
Page 19 of 31
Location Map
3Page 20 of 31
Aerial
Page 21 of 31
Page 22 of 31
•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 and, due
to special conditions, a literal enforcement of the requirements
would result in unnecessary hardship, so the spirit of this Code
is preserved, and substantial justice done.
Zoning Variance
Page 23 of 31
UDC Section 3.15.010: No Zoning Variance shall be granted
unless the ZBA finds all of the following criteria are met:
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.
Approval Criteria
Page 24 of 31
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.
Approval Criteria
Page 25 of 31
3.Other Property.
That the conditions that create the need for the Zoning
Variance do not generally apply to other property in the
vicinity.
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.
Approval Criteria
Page 26 of 31
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.
Approval Criteria
Page 27 of 31
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.
Approval Criteria
Page 28 of 31
Staff Analysis:
Criteria For Variance Complies Does not
Comply
Partially
Complies
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
Main Findings:
•Granting the variance would allow important site elements to be
installed (parking, sidewalks, landscaping, etc.)
•Granting the variance would maintain character of the area
Page 29 of 31
Public Notifications
Page 30 of 31
•Public Hearing and possible action on a request for a 10-
foot variance from the 25-foot minimum side setback
requirement of Unified Development Code (UDC) Section
7.02.020 to allow a 15-foot side setback on the property
located at 601 River Bend
•A supermajority vote is required to grant variance.
•When making a motion, the Board must make a finding of
the criteria.
Summary
Page 31 of 31