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Home My WebLink AboutAgenda_ZBA_05.17.2016Notice of Meeting for the Zoning Board of Adjustment of the City of Georgetown May 17, 2016 at 5:00 PM at Council Chambers, 101 East 7th Street, Georgetown 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 at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. 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 As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Legislative Regular Agenda B Call to Order Pledge of Allegiance Comments from the Chair - Welcome and Meeting Procedures Action from Executive Session C Consideration and possible action of the Minutes from the April 5, 2016, Zoning Board of Adjustment meeting. D Public Hearing and possible action on a Variance to the Limited Outdoor Display requirements of Unified Development Code (UDC) Section 5.09.030.B.2 in order to allow outdoor display in the rear yard and further than 5 feet from the wall of the principal building at 1302 Williams Drive, being Lot 5, Block 4, Country Club Estates. (VAR-2016-003). Mike Elabarger, Senior Planner Page 1 of 19 Adjournment CERTIFICATE OF POSTING I, Shelley Nowling, 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 __________________, 2016, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. ____________________________________ Shelley Nowling, City Secretary Page 2 of 19 City of Georgetown, Texas Zoning Board of Adjustment May 17, 2016 SUBJECT: Consideration and possible action of the Minutes from the April 5, 2016, Zoning Board of Adjustment meeting. ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Tammy Glanville, Recording Secretary ATTACHMENTS: Description Type Draft ZBA Minutes_April 5, 2016 Cover Memo Page 3 of 19 Page 1 of 2 City of Georgetown, Texas Zoning Board of Adjustment Meeting Minutes Tuesday, April 5, 2016 at 5:00 PM Council Chambers 101 E. 7thStreet, Georgetown, Texas 78626 Board members: Josh Schroeder, Chair; Kevin Pitts, Kaylah McCord, Alex Fuller, Aaron Albright 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. Board Member(s) Absent: Staff Present: Sofia Nelson, Planning Director, Carolyn Horner, Planner and Tammy Glanville, Recording Secretary. Chair Schroeder called the meeting to order at 5:00 p.m. Regular Session - To begin no earlier than 5:00 p.m. B. Call to order: 5:00 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.) Action from Executive Session. There was not an Executive Session. C. Consideration and possible action to elect a Vice-Chair for the 2016-2017 Zoning Board of Adjustment. Motion by Board member Fuller to nominate Board member Pitts to serve as Vice-chair of the 2016-2017 Zoning Board of Adjustment. Second by Board member McCord. Approved. (5-0) D. Consideration and possible action to elect a Secretary for the 2016-2017 Zoning Board of Adjustment. Motion by Board member Pitts to nominate Board member McCord to serve as Secretary for the 2016-2017 Zoning Board of Adjustment. Second by Board member Fuller. Approved. (5-0) E. Consideration and possible action of the Minutes from the October 20, 2015, Zoning Board of Adjustment meeting. Page 4 of 19 Page 2 of 2 Motion by Board member Pitts to approve the Minutes from the October 20, 2015 Zoning Board of Adjustment meeting. Second by Board member Fuller. Approved. (5- 0) F. Public Hearing and possible action on a Variance, to Section 7.03.020 (Non-Residential Lot and Dimension Standards) of the Unified Development Code (UDC), to allow parking in the 25-foot front yard setback, and to reduce the required number of off- street parking spaces, on a 0.132-acre undeveloped commercial lot located at 1206 Hart Street. VAR-2016-001, Carolyn Horner, AICP Carolyn Horner provided an overview of the Variance request, description of project and recommended for approval. Chair Schroeder invited the applicant to speak. The applicant stated he will be glad to answer questions if needed. Chair Schroeder opened the Public Hearing. No one came forward the Public Hearing was closed. Discussion among staff and board regarding setbacks, fence and buffer. Motion by Board member Pitts to approve the variance request, with the finding that the request meets all six of the review criteria as listed in Section 3.15.030 of the UDC, with the following conditions: 1) Screening on front and side lot lines in front setback. 2) Opaque wall or landscape screening from adjacent properties. 3) Protection of pecan tree critical root zone. Second by Board member Fuller. Approved. 5-0 Adjourned at 5:15 p.m. _____________________________________ __________________________________ Chair Secretary Page 5 of 19 City of Georgetown, Texas Zoning Board of Adjustment May 17, 2016 SUBJECT: Public Hearing and possible action on a Variance to the Limited Outdoor Display requirements of Unified Development Code (UDC) Section 5.09.030.B.2 in order to allow outdoor display in the rear yard and further than 5 feet from the wall of the principal building at 1302 Williams Drive, being Lot 5, Block 4, Country Club Estates. (VAR-2016-003). Mike Elabarger, Senior Planner ITEM SUMMARY: Background: The applicant is requesting a Variance to change the permitted location of the “Outdoor Display, Limited” use from the front and sides of the existing structure to the rear yard, and to be further than five feet (5’) from the building walls. As demonstrated on Exhibit 2, the property currently has the ability to provide 115 square feet (SF) of “Outdoor Display, Limited” use on the property, based on the limitations of Section 5.09.030.B.2. Therefore, the applicant seeks to establish the allowed 115 SF of the use in a grassed portion of the rear yard area, located just west of the parking lot, and outside of the building setback areas. Public Comment: To date, one (1) written public comment has been received, in support of the application. See Exhibit 4 - Public Comment. Staff Recommendation: Staff recommends Denial of the request to locate the ‘Outdoor Display, Limited’ use in the rear yard and farther than five feet from the building wall. FINANCIAL IMPACT: None studied at this time. SUBMITTED BY: Mike Elabarger, Senior Planner and Sofia Nelson, CNU-A, Planning Director ATTACHMENTS: Description Type Staff Report Cover Memo Exhibit 1 - Location Map Backup Material Exhibit 2 - Conceptual Plan Backup Material Exhibit 3 - Applicant Letter of Intent Backup Material Exhibit 4 - Public Comment Backup Material Page 6 of 19 Georgetown Planning Department Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 1 of 8 Meeting Date: May 17, 2016 File No: VAR‐2016‐003 Project Planner: Mike Elabarger, Senior Planner Report Date: May 11, 2016 Relevant UDC Section: 5.09.020/5.09.030.B – Limitations on ‘Outdoor Display, Limited’ use Staff Recommendation: Denial Item Description Public Hearing and possible action on a Variance to the Limited Outdoor Display requirements of Unified Development Code (UDC) Section 5.09.030.B.2 in order to allow outdoor display in the rear yard and further than 5 feet from the wall of the principal building at 1302 Williams Drive, being Lot 5, Block 4, Country Club Estates. (VAR‐2016‐003) Mike Elabarger, Senior Planner Item Details Project Name: 1302 Williams Drive Project Address: 1302 Williams Drive Legal Description: Amended Plat of Country Club Estates, Block 4, Lots 4‐5‐6 (Document # 2011020584) Zoning: CN (Neighborhood Commercial) Future Land Use: Specialty Mixed Use Area (SMUA) Applicant: Obdulio (OJ) Ferrer Property Owner: Obdulio (OJ) Ferrer Contact: Obdulio (OJ) Ferrer Applicant Request The applicant is requesting a Variance to change the permitted location of the “Outdoor Display, Limited” use from the front and sides of the existing structure to the rear yard, and to be further than five feet (5’) from the building walls. As demonstrated on Exhibit 2, the property currently has the ability to provide 115 square feet (SF) of “Outdoor Display, Limited” use on the property, based on the limitations of Section 5.09.030.B. Therefore, the applicant seeks to establish the allowed 115 SF of the use in a grassed portion of the rear yard area, located just west of the parking lot, and outside of the building setback areas. Site Information The property was originally created as part of a 1927 subdivision plat entitled Country Club Estates, which created individually numbered lots of just 25’ in width and 150’ deep along the Page 7 of 19 Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 2 of 8 right‐of‐way for Williams Drive (which at that time was an unpaved two‐lane road). Annexation into the City occurred in 1954 with Ordinance 54‐A2. In 2009, the (then) owners legally subdivided Lots 4, 5, and 6 from the original 1927 subdivision into one new lot via an amending plat (FP‐2009‐025, recorded on March 30, 2011 as Document # 2011020584). The current structure (a residence now converted to a retail location) was developed across the original Lots 4, 5, and 6 well prior to the 2009 resubdivision, but the exact age is unknown. The property is a corner lot, 0.25 acre in size (75’x150’), with the existing structure sitting approximately twenty‐five feet from the edge of the right‐of‐way for Williams Drive. Sidewalks exist along Williams Drive, and the applicant constructed public sidewalk along Morris Drive as part of their Site Construction Plan, which primarily was for the creation of a five‐space parking lot in the rear yard area, accessed from Morris Drive. The subject site is surrounded by existing development, much of it the original development of this area. Many commercial properties to the east (near IH‐35, such as banks and restaurants) are of newer construction and development patterns. The former McCoy Elementary School (currently used for other purposes by the Georgetown ISD) is immediately across Williams Drive. See the chart below. Location Zoning Future Land Use Existing Use North RS, Single Family Residential Specialty Mixed Use Area GISD property South RS, Single Family Residential Specialty Mixed Use Area Residential East C‐3, General Commercial Specialty Mixed Use Area Retail (Shakes) West RS, Single Family Residential Specialty Mixed Use Area Residential Background The property owner processed a Site Construction Plan (SCP‐2015‐014, approved November 9, 2015) that converted the former residential property for a commercial use to facilitate a ‘General Retail’ use within the Neighborhood Commercial (CN) zoning district. The owner was issued a Conditional Certificate of Occupancy (the required landscaping had not yet been installed, waiting for warmer weather) in February of 2016 to open their business to the public. Shortly after that, the owner was found to be performing the “Outdoor Display, Limitied” use [items were placed on the front, side, and rear yards for display and sale, some under canopy shade tents], though that use was not identified on the approved Site Construction Plan, and was in violation of the limitations of Section 5.09.030.B as they apply to this particular property. The owner was made aware of the regulations for this additional use they sought to exercise on the property, and chose to seek this Variance rather than amend the approved Site Construction Plan to demonstrate compliance with the regulations. Should this Variance be Page 8 of 19 Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 3 of 8 approved, the applicant must amend the Site Construction Plan to reflect the establishment of this use (as approved). The intent of the ‘Outdoor Display, Limited’ use is to allow a business to showcase a small amount of their product outside of the building where the business is occurring, and to be visible to passers‐by, which typical is via the front or side of a property. The requested Variance would place the displayed items outside of normal viewing areas (to the rear of the building), though being a corner lot, and the unique sight‐line exposure to west‐bound Williams Drive traffic, some visibility to passersby on Williams Drive would exist. 2030 Comprehensive Plan The property is located within the Future Land Use (FLU) category of Specialty Mixed Use Area (SMUA), which exists in six (6) strategic locations throughout the City environs where the nucleus of ingredients exist to create patterns of development focused on pedestrian‐ oriented, storefront‐style shopping streets. This category encourages mixed use developments and planned ‘centers’ that can integrate complementary uses. Emphasized activities would include retail, offices, and entertainment, with options for civic and parks/green spaces as well as higher density, multi‐family style housing. Page 9 of 19 Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 4 of 8 This property lies within an area (see excerpt above) of this future land use that stretches from Rivery Boulevard to IH‐35 on both sides of Williams Drive, and then extends north to near where Airport Road connects to the south‐bound frontage road, encompassing an approxiamtely 1200‐foot depth of land to the west of IH‐35. The 2030 Plan Growth Tier Map designation is Tier 1A, that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city’s growth should be guided over the near term. Zoning District & Current Use The property is currently zoned Neighborhood Commercial (CN) District per Ordinance 2011‐ 27. The CN District is intended to provide areas for small‐scale office and commercial activities such as the sale of convenience goods and personal service businesses that primarily serve adjacent residential areas. The owner is performing a “General Retail” specific use within the building and on the property. Section 5.09.030.B allows the property the “Outdoor Display, Limited” use, subject to the following limitations: Per Exhibit 2, the property has the current ability to do the following amount of Outdoor Display:  The front wall of the building is approximately 46.4 feet X 30% X 5’ deep = 69.6 SF.  The side wall of the buidling approximately 30.4 feet X 30% X 5’ deep = 45.6 SF.  Total = maximum of 115.2 Square feet of area for Outdoor Display. Page 10 of 19 Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 5 of 8 Review Criteria – UDC Section 3.15.030 Section 3.15.030.A. – Required Findings The Zoning Board of Adjustment (Board or ZBA) may grant a Variance if it 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 the Code is preserved, and substantial justice is done. No Variance shall be granted unless the ZBA finds all of the following: 1. Extraordinary Conditions – that there are special conditions affecting the land involved such that strict application of the provisions of the UDC will deprive the applicant of the reasonable use of the land. 2. No Substantial Detriment – that the granting of the 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 the UDC. 3. Other Property – that the conditions that create the need for the Variance do not generally apply to other property in the vicinity. 4. Applicant’s Actions – that the conditions that create the need for the Variance are the result of the applicant’s own actions. 5. Comprehensive Plan – that the granting of the Variance would not substantially conflict with the Comprehensive Plan and the purposes of the UDC. 6. Utilization – that because of the conditions that create the need for the Variance, the application of this Code to the paritcular 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 Variance: a. 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. Section 3.15.030.B. – Limitations The ZBA may not grant a Variance when the effect of which would be any of the following: 1. To allow the establishment of a use not otherwise permitted in the Zoning District. 2. To increase the density of a use above that permitted by the Zoning District. Page 11 of 19 Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 6 of 8 3. To extend physically a nonconforming use of land. 4. To change the Zoning District boundaries shown on the Official Zoning Map. Section 3.15.030.C. – Profitability Not to be Considered The fact that property may be utilized more profitably should a Variance be granted may not be considered grounds for a Variance. Staff Analysis Establishment of the ‘Outdoor Display, Limited’ use in the rear yard equates to an expansion of the retail area of the property, as the items would no longer be on “display”, but rather, “for sale” outside of the structure. The Site Construction Plan was predicated on the development of a parking lot to provide the minimally required parking for the conversion of the existing 1,279 square foot building into a retail store, and not for an expanded sale area, which is what drives the parking ratio for the use (1 space per 250 gross floor area of the use). The 115 SF of sales area in the rear yard would require one (1) additional parking space. The definition of “display” is “to show or exhibit”; locating the goods to the proposed location inherently is not putting those items on display as intended by the UDC limitations which allowed the display to occur in a front or street yard area, where they would be visible by the general public from a public right‐of‐way. The applicant has the right to establish the ‘Outdoor Display, Limited’ use on the property in accordance with Section 5.09.030.B. The applicant should amend Site Construction Plan 2015‐ 014 to reflect this by‐right use, and submit for and have issued a revised Certificate of Occupancy to note the establishment of this additional use. The justification for the Variance request expressed in the applicant’s Letter of Intent may be useful as staff and City Council look at future UDC revisions/updates. A minimum distance requirement from a Collector or Arterial roadway for the ‘Outdoor Display’ uses may be a change that works to address the safety concerns of how the use is currently permitted. Page 12 of 19 Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 7 of 8 Section 3.15.030.A ‐ Required Findings 1. Extraordinary Conditions There are no extraordinary or special conditions requiring a Variance from the regulations of Section 5.09.030.B and establishment of the ‘Outdoor Display, Limited’ use on this property as is permitted by‐right. The property has ample area in the front and side (east) yard to perform the outdoor display of items for sale, in compliance with the limitations. 2. No Substantial Detriment Should the Variance be approved, it is unknown whether or not there would be any detrimental effects to public health, safety, or welfare. The active use of the property, outside of the building, would be closer to the residential neighbors to the west and south. 3. Other Property The property is like most along this vicinity of Williams Drive that have been converted to non‐residential uses, whereby parking areas have been created in the side or rear yards, and the structure (formerly a residence fronting a two‐lane unpaved road) is relatively close to the roadway (and not separated by parking). The conditions cited by the applicant in their Letter of Intent generally apply to other properties like it. There is sufficient space to perform the ‘Outdoor Display, Limited’ use in accordance with Section 5.09.030.B. 4. Applicant’s Actions There are no conditions created by the applicant that create a need for the Variance; the applicant wishes to change the location and operation of the ‘Outdoor Display, Limited’ use from which is afforded him in accordance with Section 5.09.030.B. 5. Comprehensive Plan The granting of the Variance would conflict to some extent with both the Comprehensive Plan and the purposes of the UDC. The Future Land Use category speaks to denser, integrated mixes of uses, generally created through purposeful new development, or the core Downtown area of Georgetown, which was created at a time before the automobile and single‐use development patterns proliferated. The conversion of this property from a residence to a retail location with a parking lot, immediately adjacent two actively used and zoned residential properties, does not directly fulfill the intents of the Future Land Use category, unto itself. The CN District is intended to provide areas for small‐scale office and commercial activities such as the sale of convenience goods and personal service businesses that primarily serve adjacent residential areas. Uses that create adverse impacts on the surrounding residential neighborhoods are not permitted, and pedestrian connectivity to Page 13 of 19 Zoning Board of Adjustment Staff Report 1302 Williams Drive – Variance for Outdoor Display, Limited Use Page 8 of 8 these uses is expected. Section 5.09.030.B of the UDC does not have any provisions for rear yard Outdoor Display, because inherently, commercial businesses front and access from collector or arterial roadways, and displaying sample items for sale is oriented toward that roadway and thus is contained within front or side yard areas. Expanding with an outdoor component of the retail use of the property to the south and west would conflict with the goals of the District. 6. Utilization There is not a need for the Variance, and the property can be used for the ‘Outdoor Display, Limited’ use in accordance with Section 5.09.030.B. Section 3.15.030.B – Limitations – None of these apply to this particular situation. Section 3.15.030.C – Profitability Not to be Considered – Considering the requested Variance is for the same amount of ‘Outdoor Display, Limited’ use as is currently permitted for the property, just in a different location, increased profitability is not deemed a benefit of the Variance request. Public Comments Per the Unified Development Code, all property owners within a 200 foot radius of the property were notified of the application, a legal notice advertising the public hearing was placed in the Sun Newspaper, and two signs were posted on‐site. As of the date of this report, staff has not received any formal/written comments on this application. Staff Recommendation Staff recommends Denial of the request to locate the ‘Outdoor Display, Limited’ use in the rear yard and farther than five feet from the building wall for the following reasons: 1. No extraordinary conditions have been established. 2. The conditions cited similarly affect other properties nearby. 3. Conditions affecting the property do not adversely restrict utilization of the property. 4. The Variance would oppose some of the intents and purposes of the Comprehensive Plan and the Unified Development Code. Attachments Exhibit 1 – Location Map Exhibit 2 – Conceptual Plan Exhibit 3 – Applicant’s Letter of Intent Submitted By Mike Elabarger, Senior Planner and Sofia Nelson, CNU‐A, Planning Director Page 14 of 19 N IH 35 T H O M A S C T O A K LN PA R K LN H O L L Y S T N COLLEGE ST LO WER PARK RD R O Y A L D R R I V ERY BL V D W L W AL D E N D R DUNMA N D R PARKVIEW DR E MORROW ST B E N C H M A RK TERRY LN RIVER HAVEN DR GARDEN VILLA DR PAR KWAY S T E 3R D ST MESQUITE LN WOLF RANCH PKWY PARK W AY ST W MORROW ST ASHWOOD LN ADDIE LN CLAY ST PARKE R CIR TIF F A N Y L N GABRIEL VIEWDR A P P L E C R E E K D RCOUNTRY C L U B R D MCCOY LN J O H N C A R T E R D R E J ANISDR M O R RIS D R JUDY DR GANN ST C E D A R D R S HANNONLN N O A K H O L L O W R D W C E NTRAL DR BLUE HOLE PARKRD N O R T H W O O D D R KIMBERLY ST M ES Q UITELN §¨¦35 MELISSA CT P O W E R R D RIVE R SID E D R C H A M B E R W A Y N MAIN ST E 2ND ST PATTI DR WI L L O W L N E CENTRAL DR WASHAM DR KATHI LN COTTONWOODDR P O W E R C I R E VALLEY ST M O R S E C V ESPRING ST N MYRTLE ST HAGAN CT GOLD E N O AKSDR R I V E R B E N D D R N AUSTIN AVE HARMONY LN N AUSTIN AVE DAWN DR N C O LLE G E ST 3.SILVERLEAFDR FM 97 1 R I O V I S T A D R R I O V I S T AC V S IH 35 TH O RNTONLN RIV ER BEND DR OAK LN E JANIS DR PARK LN RANCH RD OAK LN S C ENIC D R OAK LN WESTWOODLN E 3 R D S T PARKER D R PARKER DR E M O R R O W S T GABRIELVIEW DR WILLIA M S D R SAN G A B RIEL VILLA G E B LV D SIERRAROSELOOP BRENDONLEE LN A D AMSST HINTZRD W O ODLAWNAVE HIGHK NOL L LN HERSHEYLNRIVERY DVWY RIVERYDVWY (River/Stream) (R i v er/ S t r e a m ) VAR-2016-003Exhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Location Map 0 0.5Mi LegendSiteParcelsCity LimitsGeorgetown ETJ Page 15 of 19 Exhibit 2- Conceptual Plan VAR-2016-003 Page 16 of 19 Exhibit 3 - Letter of Intent Page 17 of 19 Exhibit 3 - Letter of Intent Page 18 of 19 Page 19 of 19