HomeMy WebLinkAboutAgenda_ZBA_05.19.2015Notice of Meeting for the
Zoning Board of Adjustment
of the City of Georgetown
May 19, 2015 at 5:00 PM
at Council Chambers, 101 E. 7th Street, Georgetown
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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 February 17, 2015, Zoning Board of
Adjustment meeting.
D Public Hearing and possible action on a Variance for sign height for Celebration Church, being
108.565 acres in the Francis Hudson and J.P. Patterson Surveys, located at 1202 Rabbit Hill Road.
VAR-2015-004 (Carla J. Benton)
Adjournment
Page 1 of 15
CERTIFICATE OF POSTING
I, Jessica Brettle, 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 __________________, 2015, at __________, and remained so
posted for at least 72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Brettle, City Secretary
Page 2 of 15
City of Georgetown, Texas
Zoning Board of Adjustment
May 19, 2015
SUBJECT:
Consideration and possible action of the Minutes from the February 17, 2015, Zoning Board of
Adjustment meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Page 3 of 15
City of Georgetown, Texas
Zoning Board of Adjustment
May 19, 2015
SUBJECT:
Public Hearing and possible action on a Variance for sign height for Celebration Church, being
108.565 acres in the Francis Hudson and J.P. Patterson Surveys, located at 1202 Rabbit Hill Road.
VAR-2015-004 (Carla J. Benton)
ITEM SUMMARY:
Background:
The applicant is requesting approval of a Variance from the Zoning Board of Adjustment (ZBA) to
allow an increase of the maximum sign height requirements of Section 10.06.010 of the UDC. The
applicant requests to exceed the standard 6-foot maximum sign height by 16'-3" for a total sign
height of 22'-3" due to lack of visibility caused by the combination of a 30-foot water easement
along Westinghouse Road, the topography at the entrance location, and the traffic speeds on
Westinghouse Road.
Public Comments:
A total of six (6) notices were sent out to property owners within 200 feet of the subject property.
Public notice was posted in the Sun newspaper on May 3, 2015. As of the day of this report, there
has been no public comment submitted to the Planning Department office regarding the
application.
Recommended Motion:
Approval of the requested Variance for a maximum sign height of 22 feet 3 inches for
Celebration Church.
FINANCIAL IMPACT:
The applicant has paid the required fees.
SUBMITTED BY:
Carla J. Benton
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Report Exhibit 1 Backup Material
Report Exhibit 2 Backup Material
Report Exhibit 3 Backup Material
Page 4 of 15
Georgetown Planning Department
Zoning Board of Adjustment Staff Report
Celebration Church Variance
Sign Height Variance Page 1 of 5
Meeting Date: May 19, 2015
File No: VAR-2015-004
Project Planner: Carla J. Benton
Report Date: May 5, 2015
Relevant UDC Section: 10.06
Staff Recommendation: Approval
Item Description
Public Hearing and possible action on a Variance for sign height for Celebration Church, being 108.565
acres in the Francis Hudson and J.P. Patterson Surveys, located at 1202 Rabbit Hill Road.
Item Details
Project Name: Celebration Church
Project Address: 1202 Rabbit Hill Road
Location: 1202 Rabbit Hill Road
Legal Description: 108.565 acres in the Francis Hudson and J.P. Patterson Surveys
Zoning: PF, Public Facility
Future Land Use: Employment Center
Applicant: Barbara Garrett, Garrett Consulting Services
Property Owner: Celebration Church
Contacts: Barbara Garrett, Garrett Consulting Services
The applicant is requesting approval of a Variance from the Zoning Board of Adjustment (ZBA)
to allow a variance to the sign height requirements of Section 10.06.010 of the UDC.
Background
The existing development including a worship center, classrooms, accessory buildings and
surrounding parking was completed while outside of the City. The property was annexed into
the City by Ordinance #2014-32 and rezoned by Ordinance #2014-33 from Agriculture (AG) and
Residential Single-family (RS) Districts to Public Facility (PF) District by City Council action on
June 10th, 2014.
The site had access from Rabbit Hill Road and in 2014 a new access point was provided from
Westinghouse Road. The new driveway access from Westinghouse road is proposed to be the
primary entrance. Therefore, the applicant is requesting the variance to address the new signage
for their primary entrance.
Page 5 of 15
Zoning Board of Adjustment Staff Report
Celebration Church Variance
Sign Height Variance Page 2 of 5
Authorization/Review Criteria
Section 03.15.030 Criteria for Variance Review states:
A. Required Findings
The Zoning Board of Adjustment may authorize a 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. No Variance shall be granted
unless the ZBA finds all of the following:
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 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.
-Staff finds there are topographical and driveway placement conditions unique to this
property.
1. 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 this
Code.
-Staff finds that the conditions are not detrimental to the public health, safety or
welfare, nor injurious to other property in the area.
2. Other Property
That the conditions that create the need for the Variance do not generally apply to
other property in the vicinity.
-Staff finds that the conditions on this property do not apply to other property in the
vicinity.
Page 6 of 15
Zoning Board of Adjustment Staff Report
Celebration Church Variance
Sign Height Variance Page 3 of 5
3. Applicant’s Actions
That the conditions that create the need for the Variance are not the result of the
applicant’s own actions.
-Staff finds that the conditions are not the result of the applicant’s own actions.
4. Comprehensive Plan
That the granting of the Variance would not substantially conflict with the
Comprehensive Plan and the purposes of this Code.
-Staff finds that granting a variance for the sign height would not conflict with the
Comprehensive Plan.
5. Utilization
That because of the conditions that create the need for the Variance, the application of
this Code to the particular piece of property would effectively prohibit or
unreasonably restrict the utilization of the property.
-Not granting this variance would restrict the utilization of the property.
6. Insufficient Findings
The following types of possible findings do not constitute sufficient grounds for
granting a 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.
A. Limitations
The Zoning Board of Adjustment 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 applicable Zoning
District.
1. To increase the density of a use above that permitted by the applicable District.
2. To extend physically a nonconforming use of land.
3. To change the Zoning District boundaries shown on the Official Zoning Map.
Page 7 of 15
Zoning Board of Adjustment Staff Report
Celebration Church Variance
Sign Height Variance Page 4 of 5
B. 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
The applicant has provided the following responses to the approval criteria:
1. Limited visibility of sign due to required setbacks of the Round Rock Water Easement.
2. Limited visibility of sign due to topography of Westinghouse Road – intersection at
new Celebration Boulevard is at the crest of the hill. Cannot see road entrance until
right on it.
3. Limited visibility of sign due to speed of traffic on Westinghouse Road.
4. Height of sign does not have any detrimental effect on the health, safety and welfare
to others and/or peroperty. In fact, this solves a potential safety issue with cars
quickly braking when they approach Celebration Boulevard entrance.
The driveway was set back from the Westinghouse/Rabbit Hill intersection to meet required
driveway seperation, thus it being placed at the crest of the hill. Therefore the driveway
placement was in response to City codes, and not their preferences. The maximum height
allowed in this zoning district would be 6 feet with a minimum setback of 5 feet from the
property line. However, there is a 30 foot easement that causes the sign to be setback a minimum
of 30 feet. Therefore they are requesting that the sign be allowed to be 22’-3”. The proposed sign
does have a 4’-9” overhang into the easement that the applicant will have to seek a license to
encroach from the City of Round Rock. With the sign being set that far back, the allowed 6 foot
sign would not be visible.
Public Comments
A total of six (6) notices were sent out to property owners within 200 feet of the subject property.
Public notice was posted in the Sun newspaper on May 3, 2015. As of the day of this report,
there has been no public comment submitted to the Planning Department office regarding the
application.
Staff Recommendation
Staff recommends approval of the requested Variance based on the following:
Visibility is limited due to required setbacks, driveway placement, topography, and speed.
Page 8 of 15
Zoning Board of Adjustment Staff Report
Celebration Church Variance
Sign Height Variance Page 5 of 5
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Applicant’s Letter of Request
Exhibit 3 – Entrance Sign Concept, (Location Plan, Sign Elevation, Visibility Concept Photos and
Artist Rendering)
Submitted By
Carla Benton, Planner and Tamera Baird, Chief Commercial Plans Examiner
Page 9 of 15
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VAR-2015-004Exhibit #1
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Page 10 of 15
To: City of Georgetown
From: Garrett Consulting Services (as Agent for Celebration Church)
Re: Sign Variance Request – Celebration Church
LETTER OF INTENT
The intent of our request for a height variance is based on the following limitations and/or challenges
when attempting to comply with the strict application of the provisions of the Unified Development
Code:
1. Limited visibility of sign due to required setbacks due to Round Rock Water Easement
2. Limited visibility of sign due to topography of Westinghouse Road - intersection at new
Celebration Blvd. is at the crest of the hill. Cannot see road entrance until right on it.
3. Limited visibility of sign due to speed of traffic on Westinghouse road.
4. Height of sign does not have any detrimental effect on the health, safety and welfare to others
and/or property. In fact, this solves a potential safety issue with cars quickly braking when they
approach Blvd. entrance.
Please see attached sight line studies for further clarifications.
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