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HomeMy WebLinkAboutAgenda_ZBA_08.17.2021Notice of Meeting for the Zoning Board of Adjustment of the City of Georgetown August 17, 2021 at 5:00 PM at City Council Chambers - 510 West 9th Street, Georgetown, TX 78626 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 Zoning Board of Adjustment (ZBA) is now meeting in person with a quorum present and public is welcome to attend. If special accommodations are needed due to COVID-19 and attending virtually is necessary, please reach out to the staff liaison, Mirna Garcia, at mirna.garcia@georgetown.org or (512)930-3575 for assistance. 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 June 15, 2021 regular meeting of the Zoning Board of Adjustment -- Mirna Garcia, P rogram Manager C Public Hearing and possible action on a Zoning Variance: from UDC Sec. 7.02.030.B.1 to allow the drive-thru lane to encroach 5.8’ into the required 25’ front setback on Lot 4-B; and from UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6’ into the required 25’ front setback on Lot 4-B; and from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to encroach 5.5’ into the required 25’ front setback on Lot 4C; for the property located at 1031 & 1035 W. University Avenue, bearing the legal description of Lot 4-B, Resubdivision of Wolf Ranch, Block A, Lot 4; and Lot 4C, Wolf Ranch Subdivision, a Resubdivision of Block A, Lot 4-C (VAR-2021-9). Ethan Harwell, Senior Planner D Public Hearing and possible action on a request for a Zoning Variance from PUD Ordinance 2017- Page 1 of 73 31 for the street setbacks to be reduced from 25 feet to 10 feet, a 60% decrease, for the properties located at 5514 and 5549 N Mays Street, bearing the legal description of 2.187 acres and 1.467 acres out of the B.C. Low Survey (2021-8-VAR) – Ryan Clark, 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 73 City of Georgetown, Texas Zoning Board of Adjustment August 17, 2021 SUBJECT: Consideration and possible action to approve the minutes from the June 15, 2021 regular meeting of the Zoning Board of Adjustment -- Mirna Garcia, Program Manager ITEM SUMMARY: FINANCIAL IMPACT: . SUBMITTED BY: Mirna Garcia, Program Manager ATTACHMENTS: Description Type minutes Backup Material Page 3 of 73 Planning & Zoning Commission Minutes Page 1 of 2 June 15, 2021 City of Georgetown, Texas Zoning Board of Adjustment Meeting Minutes Tuesday, June 15, 2021 at 5:00 p.m. Teleconference Meeting: http://bit.ly/3eLI5vd The regular meeting convened at 5:00PM on June 15, 2021 via teleconference at: https://bit.ly/3hh8ouo. Webinar ID: 993 7009 3837. To participate by phone: Call-In Number: 346.248.7799 or Toll Free 833.548.0282. Password: 767604. Public Comment was allowed via the conference option; no in-person input was allowed. Board members present: John Marler, Chair; Kaylah McCord; Ed Whitmore and Travis Perthuis Board members in training present: Stephaney Lafears and Tim Haynie, Board members absent: Deb Meyer Staff Present: Sofia Nelson, Planning Director; Ethan Harwell, Senior Planner; Ryan Clark, Planner and Stephanie McNickle, Planning Specialist Chair Marler called the meeting to order at 5:00 p.m. 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/. E. At the time of posting, no persons had signed up to address the Board. Legislative Agenda B. Consideration and possible action to approve the minutes from the April 20, 2021 regular meeting of the Zoning Board of Adjustment -- Mirna Garcia, Management Analyst. Motion by Whitemore to approve the April 20, 2021 Zoning board of Adjustment minutes. Second by Marler. Approved. (4-0) C. Public Hearing and possible action on a request for a Zoning Variance from UDC Section 8.07.040.A for a six-foot tall opaque fence to be set back 5.5 feet from the property line, a 63% Page 4 of 73 Planning & Zoning Commission Minutes Page 2 of 2 June 15, 2021 decrease in the required 15 foot side street yard setback of Ordinance 2016-24, for the property located at 601 Shiner Lane, bearing the legal description of Lot 4, Block F, Kasper Subdivision Section 9 (2021-5-VAR) – Ryan Clark, Planner The applicant is requesting a variance from the height limitation of four feet for fences located inside yard setbacks to allow for a six foot tall, fully opaque fence 5.5 feet from the side property line, 63.3% less than the UDC required 15 feet setback for fences of this height and transparency. The applicant intends to construct the six‐foot fence 5.5 feet from the property line to allow a portion of the side of the house to be screened from Fairhaven Gateway for the purpose of securing additional privacy and safety. 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 2, partially complies with 1, and does not comply with 4 of the 7 required findings established in UDC Section 3.15.030.A for a Zoning Variance. The granting of this Zoning Variance would not create a substantial negative impact on the neighborhood. However, there are numerous other properties in this neighborhood with the same condition that have developed their properties in compliance with current UDC standards. There are not extraordinary or unique conditions that prevent this property from having a privacy fence equal to comparable corner lots within this subdivision. Board member asked and staff stated planting in the side set back of the property is allowed. Marler invited the applicant to speak. Ms. Jacobsen stated security and safety issue for her children is the concern. She also stated there are other homes in the neighborhood that have possibly bypassed the variance and have added a fence. Motion by Whitemore to approve the denial for the Zoning Variance based on the UDC Section 3.15.030 Criteria. 1) Extraordinary Conditions- Does not comply. 2) No Substantial Detriment- The application complies. 3) Other Property- Does not comply. 4) Applicant’s Actions- Does not comply. 5) Comprehensive Plan- Partially complies. 6) Utilization – Does not comply. 7) Insufficient Findings- Does not comply. Second by McCord. Denial Approved. (4-0) Motion to adjourn at 5:31pm . Approved (4-0). ____________________________________ ____________________________________ John Marler, Chair Attest, Ed Whitmore, Secretary Page 5 of 73 City of Georgetown, Texas Zoning Board of Adjustment August 17, 2021 SUBJECT: Public Hearing and possible action on a Zoning Variance: from UDC Sec. 7.02.030.B.1 to allow the drive-thru lane to encroach 5.8’ into the required 25’ front setback on Lot 4-B; and from UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6’ into the required 25’ front setback on Lot 4-B; and from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to encroach 5.5’ into the required 25’ front setback on Lot 4C; for the property located at 1031 & 1035 W. University Avenue, bearing the legal description of Lot 4-B, Resubdivision of Wolf Ranch, Block A, Lot 4; and Lot 4C, Wolf Ranch Subdivision, a Resubdivision of Block A, Lot 4-C (VAR-2021-9). Ethan Harwell, Senior Planner ITEM SUMMARY: Overview of Applicant’s Request: The applicant is requesting approval of variances to allow the expansion of the current single-lane drive- thru lane to a two-lane drive-thru, as well as the installation of a new canopy structure located at the point of ordering, and an encroachment of the new parking lot drive aisle into the street setback to align the pavement of the parking lot drive aisle with the outer drive-thru lane to enable an exit from the drive-thru. The applicant is proposing the expansion of the drive-thru lanes to address the volume of customers for the business and is proposing the additional parking area in conjunction with a proposed building addition. 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 complies with 1, partially complies with 4, and does not comply with 2 the 7 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 (12 notices mailed), a legal notice advertising the public hearing was placed in the Sun Newspaper August 1, 2021 and signs were posted on-site. As of the publication date of this report, staff has received 0 written comments in favor and 0 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 Page 6 of 73 2021-9-VAR – Staff Report Cover Memo Exhibit 1 – Location Map Backup Material Exhibit 2 – Letter of Intent Backup Material Exhibit 3 – Conceptual Plan Backup Material Presentation Presentation Page 7 of 73 Zoning Board of Adjustment Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion Page 1 of 8 Report Date: August 13, 2021 Case No: 2021-9-VAR Project Planner: Ethan Harwell, Senior Planner Item Details Project Name: Chick-Fil-A Expansion Project Location: 1031 & 1035 W. University Avenue, within City Council district No. 2. Legal Description: Lot 4-B, Resubdivision of Wolf Ranch, Block A, Lot 4 and Lot 4C, Wolf Ranch Subdivision, a Resubdivision of Block A, Lot 4-C Applicant: Stantec, c/o Tom Cunanan Property Owner: Chick-Fil-A Inc., c/o Pamela Fowler Steak N Shake Operations Inc., c/o Shawn Biglari Request: Zoning Variance:  from UDC Sec. 7.02.030.B.1 to allow the drive-thru lane to encroach 5.8’ into the required 25’ front setback on Lot 4-B; and  from UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6’ into the required 25’ front setback on Lot 4-B; and  from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to encroach 5.5’ into the required 25’ front setback on Lot 4C. Case History: This is the first public hearing of this request. Page 8 of 73 Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion Page 2 of 8 Overview of Applicant’s Request The applicant is requesting approval of variances to allow the expansion of the current single-lane drive-thru lane to a two-lane drive-thru, as well as the installation of a new canopy structure located at the point of ordering, and an encroachment of the new parking lot drive aisle into the street setback to align the pavement of the parking lot drive aisle with the outer drive-thru lane to enable an exit from the drive-thru. The applicant is proposing the expansion of the drive-thru lanes to address the volume of customers for the business and is proposing the additional parking area in conjunction with a proposed building addition. Examples of Proposed Canopy Structure Site Information Location: The subject property is located on the north end of the Wolf Ranch Shopping Center, facing W. University Ave. between Wolf Ranch Parkway and Wolf Lakes Drive. Two lots are included in the request, a lot currently used for the Chick-Fil-A drive-thru restaurant and a lot that is currently vacant, but which is proposed to be developed for additional drive-thru space and parking for the existing Chick-Fil-A. Physical and Natural Features: The existing restaurant is located along the W. University Ave., with the drive-thru wrapping the north side of the building abutting the setback for W. University Ave. A Heritage Tree remains on the east side of the subject property and well as several stands of protected trees on the undeveloped lot to the west of the existing restaurant. Future Land Use and Zoning Designations: Page 9 of 73 Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion Page 3 of 8 The subject property has a Regional Center future land use designation and is currently zoned General Commercial (C-3) with the Wolf Ranch PUD overlay. The subject property also frontage onto W. University Ave. so it is also included in the Scenic-Natural Gateway Overlay district. Surrounding Properties: The subject property is located along a major arterial roadway at the north end of a large regional shopping center with retail, dining and personal services. Across the major arterial roadway are additional restaurants and what is planned to be a mixed-use development with big-box retail, office, hospital and residential uses. Additional multi-family and single-family uses exist nearby. 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 PUD w/ Local Commercial (C-1) base zoning Special Area Drive-Thru Restaurant East PUD w/ General Commercial (C-3) base zoning Regional Center Bank, Drive-Thru Restaurant South PUD w/ General Commercial (C-3) base zoning Regional Center Retail, Restaurant West PUD w/ General Commercial (C-3) base zoning Regional Center Restaurant, Drive-Thru Restaurant Property History: The subject property was developed in 2005 as a Chick-fil-A restaurant after the adoption of the Wolf Page 10 of 73 Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion Page 4 of 8 Ranch Town Center PUD in 2003. Requested Variance In seeking to expand/upgrade the existing drive-thru facilities the applicant has a proposed a plan that would: 1. Expand the existing pavement for the drive-thru lane within the 25-foot front setback, 2. Create a new drive aisle within the 25-foot front setback, and 3. Create a new structure that encroaches into the 25-foot front setback. Detail from Exhibit 2, Conceptual Plan Approval Criteria The following are the pertinent sections of the Unified Development Code (UDC) related to this request:  from UDC Sec. 7.02.030.B.1 to allow the drive-thru lane to encroach 5.8’ into the required 25’ front setback on Lot 4-B; and  from UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6’ into the required 25’ front setback on Lot 4-B; and  from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to encroach 5.5’ into the required 25’ front setback on Lot 4C. 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 Page 11 of 73 Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion 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 1 of the 7 required findings, partially complies with 4 of the 7 required findings, and does not comply with 2 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. Does Not Comply No extraordinary conditions exist that would prohibit the reasonable use the subject property. Already developed as a functioning restaurant there would be no conditions unique to the subject property that would prevent its redevelopment. 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 proposed variances all deal with encroachments into the front setback so no adjacent property owners would be affected. Furthermore, the encroachments into the front setback are minimal and will not result in any development significantly closer to the existing roadway than would otherwise be on the ground today or permitted without a variance. 3. Other Property That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity. Partially Complies The conflict between the proposed expansion and the setback line would not be so great if not for the existing configuration of the subject property – namely the location of the existing drive-thru and the building in relation to the front property line. One other property in the vicinity has been built with a two lane drive-thru that wraps around the front of the building, however that building is placed further back from the front property line than the subject property and the second lane of the drive-thru does not start until after the queueing lane turn perpendicular to University Ave. 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. Partially Complies Page 12 of 73 Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion Page 6 of 8 ZONING MAP VARIANCE APPROVAL CRITERIA The space constraints that necessitate this Zoning Variance are the result of the Applicant’s original site design. However, the need for additional business capacity is driven through customer demand that has only become apparent in the last few years, while the original site design was undertaken over 15 years ago. The Applicant is seeking to take an existing site and retrofit it to resolve existing capacity issues which has spillover effects onto neighboring properties and streets. The proposed variances should however be considered with an understanding that the original site, developed 15 years ago, is developed in conformance with the zoning regulations applicable to the subject property. The proposed variances may imply that the expansion of the existing site would be contrary to the intent of the zoning designation. . 5. Comprehensive Plan That the granting of the Zoning Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. Partially Complies W. University Avenue is designated as an Urban Corridor as a part of the 2030 Plan’s Gateway and Image Corridor Element. The Urban Corridor designation is applied to major roads within the core of the city that have higher traffic volumes and have experienced higher and more intense levels of development. Some of these roads, like Williams Drive or Austin Avenue, are experiencing high levels of redevelopment. The Urban Corridor designation calls for developments with reduced setbacks, buildings oriented toward the street with a consistent appearance, and when possible parking to be located behind the building. Page 13 of 73 Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion Page 7 of 8 ZONING MAP VARIANCE APPROVAL CRITERIA The proposed variance would effectively reduce the setback on the subject property meeting the goals of Urban Corridor designation; however, it would increase the amount of parking and auto- related activities happening directly next to roadway in contradiction to the vision of the Urban Corridor. 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. Does Not Comply The subject property is currently developed and functioning as a restaurant. The proposed expansion is adding additional capacity to the site as it exists today to accommodate existing and potential additional customer demand and traffic within the bounds of their site. The strict application of the 25-foot front/street setback would not prohibit the subject property from continuing to operate as currently developed or from being redeveloped for a different use. 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. Partially Complies The basis of the applicant’s reqis not generally predicated on statements regarding the highest and best use of the subject property, financial or economic hardship, or frustration of development objectives for the subject property. However, the Applicant does reference in their letter of intent (Exhibit 3) that the requested variances are the result of the property owner’s desire to reconfigure their site. In summary, the proposed variances are the result of the compounding issues as the original site layout has aged and become inadequate for the current operations of the existing user of the subject property. The subject property and existing use have been reasonably accommodated on the existing site since its construction in 2005. The proposed variance to change an existing conforming site could be considered a sign that the intended use of the subject property is deviating from the intention of the zoning designation. In the consideration of the proposed variances it should be noted that the proposed variances do not threaten the public health, safety, and welfare, they do not pose a nuisance to adjacent properties, nor do they realistically pose any barrier to achieving the goals of the 2030 Plan. Page 14 of 73 Planning Department Staff Report 2021-9-VAR Chick-Fil-A Expansion 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 (12 notices), a legal notice advertising the public hearing was placed in the Sun Newspaper August 1, 2021, and signs were posted on-site. To date, staff has received no written comments in favor or in opposition to the request. Attachments Exhibit 1 – Location Map Exhibit 2 – Conceptual Plan Exhibit 3 – Letter of Intent Page 15 of 73 Location 2021-9-VAR Exhibit #1 WOLF RANCH PKWY WOLFLAKES DR MEMORIAL DR W UNIVERSITY AVE W UNIVERSITY AVE W O L F R A N C H P K W Y WO L F R A N C H P K W Y W O L F RANCHPKWY WO L F L A K E S D R WOLF LAKESDR WOLF RANCH PKWY U N I V E R S I T Y T N W S IH 35 FWY SB W UNIVERSITYAVE SIH35 SBUN I V E R S I T Y T N E W U N IV E R SIT Y AVE BELFORD S T EX I T 2 6 0 S B 0 500250 Feet ¯ Site Parcels Page 16 of 73 Stantec Consulting Services Inc. 70 NE Loop 410 Suite 1100, San Antonio TX 78216-5893 July 1, 2021 File: 222012303 Attention: Planning Department, City of Georgetown 406 W. Eight Street Georgetown, TX 78626 Dear Mr. Ethan Harwell, Reference: Chick-fil-A #1719, Zoning Variance Letter of Intent Chick-fil-A (CFA) intends to construct a new building expansion of ±340 square feet at 1031 W. University Ave, Georgetown, TX 78628. CFA also intends to provide an additional drive-through lane to accommodate the number of customers lining up specially during this pandemic. There are instances where cars waiting at the drive-through lane extends to the driveway of the Wolf Ranch Shopping Center. Additionally, Chick-fil-a will lease a portion of Lot 4-C owned by Steak N Shake with a known address of 1035 W. University Ave., Georgetown, TX 78628. Chick-fil-a will lease approximately 22,404 square feet of Lot 4-C in order to provide an additional 35 parking spaces to accommodate the demand of the store. Chick-fil-A would like to request consideration for the following variance: 1. UDC Code Section 7.02.030.B1 -Dimensional Interpretations & Exceptions. Specifically, having a development feature within the setback line. The proposed drive-through lane will encroach into the setback line as shown in the Conceptual Plan. The existing condition of the drive-though lane currently encroaches the setback line. There will be additional encroachment in the setback line due to the proposed additional drive-through lane. On Lot 4-B, the drive-through lane on Lot 4-B will encroach ±5.8 feet and the order point canopy will encroach ±2.6 feet into the setback line. On Lot 4-C, the drive aisle will encroach the setback line approximately ±5.5 feet. 2. UDC Sec. 8.04.070.B.1 “Vehicular parking areas shall be screened from street view and adjacent properties using methods as described below.” Currently, the site meets the screening requirement. However, the approval of this variance will be in effect in the event that TxDOT proceeds with its proposed improvement of Hwy 29 (W. University Ave.) Per conversations with TxDOT, this is not a funded project yet therefore the proposed improvement will not commence after 2025. TxDOT intends to acquire an additional 20 feet of right-of-way. 3. Ordinance 2003-47, Exhibit B, Sec. 9.7 established a Gateway Landscape Buffer within 20’ of the ROW line, with the first 10’ planted in grasses with a 5’ sidewalk, and the remaining 10’ planted in conformance with the landscape provisions in the UDC. Currently, the site meets the landscape buffer requirement. However, the approval of this variance will be in effect in the event that TxDOT proceeds with its proposed improvement of Hwy 29 (W. University Ave.) Per conversations with TxDOT, this is not a funded project yet therefore the proposed improvement will not commence after 2025. TxDOT intends to acquire an additional 20 feet of right-of-way. Page 17 of 73 July 1, 2021 Planning Department, City of Georgetown Page 2 of 2 Reference: Chick-fil-A #1719, Zoning Variance Letter of Intent Listed below are reasons on why the Zoning Variance should be approved: 1. Extraordinary Conditions: The proposed drive-through lane cannot be located outside of the setback line due to the location of the existing building. In addition, to further benefit the Wolf Ranch Subdivision, Chick-fil-A is going to connect the 26 feet drive-aisle south of the building to Lot 4-D (Carl’s Jr.). This will provide storage and better circulation for customers for Chick-fil-A and the Wolf Ranch Subdivision. 2.No Substantial Detriment: 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 as the number of cars lining up to order food will be contained within the property, Lot 4-B and 4-C. 3.Other Property: Approval of the Zoning Variance will not set precedence to adjacent property owners. Improving circulation within the Chick-fil-A site will provide a benefit to adjacent property owners. 4. Applicant’s Actions: The proposed improvement to the store is the Owner’s initiative to minimize the number of cars lining at the drive-through lane. 5. Comprehensive Plan: The proposed site plan amendment does not impact the 2030 Comprehensive Plan as the intended use of the property remains the same and in accordance with plan. 6. Utilization: As discussed in the previous bullet, the additional drive-through lane will provide benefit to adjacent property owners and it is in harmony with the Land Use set forth for this area. In our professional opinion, the proposed zoning variance meets the Approval Criteria outlined in UDC Section 3.15.030 as it will not adversely affect the health, safety, or welfare of the public. Please do not hesitate to contact me should you have any questions regarding this application. Regards, Stantec Consulting Services Inc. Tom Cunanan, P.E. Project Manager Phone: 210 714 9969 Mobile: 210 542 3434 Tom.Cunanan@stantec.com Attachment: Conceptual Site Plan ct v:\2220\active\222012303\civil\phase_01\report\zoning\20210716_letter of intent zoning.docx 7/16/2021 Page 18 of 73 Page 19 of 73 1 Chick-Fil-A Expansion 2021-9-VAR Zoning Board of AdjustmentAugust 17, 2021 Page 20 of 73 2 Item Under Consideration 2021-9-VARPublic Hearing and possible action on a Zoning Variance: •from UDC Sec. 7.02.030.B.1 to allow the drive-thru lane to encroach 5.8’ into the required 25’ front setback on Lot 4-B; and •from UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6’ into the required 25’ front setback on Lot 4-B; and •from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to encroach 5.5’ into the required 25’ front setback on Lot 4C; for the property located at 1031 & 1035 W. University Avenue, bearing the legal description of Lot 4-B, Resubdivision of Wolf Ranch, Block A, Lot 4; and Lot 4C, Wolf Ranch Subdivision, a Resubdivision of Block A, Lot 4-C (VAR-2021-9). Page 21 of 73 3 Lot 4-BLot 4-B Page 22 of 73 4 Wolf Ranch Shopping Center Chase BankCarl’s Jr. Page 23 of 73 6 Existing Site Conditions Page 24 of 73 7 Proposed Site Conditions Page 25 of 73 8 Proposed Site Conditions +New Lot+Drive Aisles -Parking+Queueing -Parking+Canopy -Landscape+Queueing Page 26 of 73 9 25-foot Setback Existing PavementProposed Drive Aisle5.5-foot encroachment New Canopy 2.6-foot encroachment Proposed Drive-Thru Extension5.8-foot encroachment Lot 4-BLot 4-C Proposed Setback Encroachments Page 27 of 73 10Page 28 of 73 11Page 29 of 73 12 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 Page 30 of 73 13 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. Page 31 of 73 14 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. Page 32 of 73 1515 3. Other Property That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity. Carl’s Jr. Drive-Thru Page 33 of 73 17 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. Page 34 of 73 18 SH 29/ W. University Corridor •Policy LU.7 “Strengthen Georgetown’s image and quality feel within enhanced gateways and commercial corridors.” •Policy GC.1 “Strengthen Georgetown’s image and quality feel within enhanced gateways and commercial corridors.” •Planned as a part of Urban Corridor •Fringe Areas that have developed rapidly •Streetscape built around use framework Page 35 of 73 19 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. Page 36 of 73 20 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 Page 37 of 73 21 Public Notifications •12 property owners within the 300’ buffer •Notice in Sun News on August 1, 2021 •Signs posted on the property •To date, staff has received: •0 written comments IN FAVOR •0 written comments OPPOSED Page 38 of 73 22 Summary Public Hearing and possible action on a Zoning Variance: •from UDC Sec. 7.02.030.B.1 to allow the drive-thru lane to encroach 5.8’ into the required 25’ front setback on Lot 4-B; and •from UDC Sec. 7.02.030.B.1 to allow the order point canopy to encroach 2.6’ into the required 25’ front setback on Lot 4-B; and •from UDC Sec. 7.02.030.B.1 to allow the parking lot drive aisle to encroach 5.5’ into the required 25’ front setback on Lot 4C; for the property located at 1031 & 1035 W. University Avenue, bearing the legal description of Lot 4-B, Resubdivision of Wolf Ranch, Block A, Lot 4; and Lot 4C, Wolf Ranch Subdivision, a Resubdivision of Block A, Lot 4-C (VAR-2021-9). •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. Page 39 of 73 City of Georgetown, Texas Zoning Board of Adjustment August 17, 2021 SUBJECT: Public Hearing and possible action on a request for a Zoning Variance from PUD Ordinance 2017-31 for the street setbacks to be reduced from 25 feet to 10 feet, a 60% decrease, for the properties located at 5514 and 5549 N Mays Street, bearing the legal description of 2.187 acres and 1.467 acres out of the B.C. Low Survey (2021-8-VAR) – Ryan Clark, Planner ITEM SUMMARY: Overview of Applicant’s Request: The applicant is requesting a variance for the street setback requirement of 25 feet set by PUD Ordinance 2017-31 to be reduced to 10 feet on the portions of the properties that front N Mays Street, a 60% decrease from the requirement. The applicant intends to develop the property 10 feet from the property line. They stated that the subject properties are too narrow for development with a 25-foot setback. 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 partially meets 1 of the 7 and does not meet 6 of the 7 of the criteria established in UDC Section 3.15.030.A 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 (15 notice mailed), a legal notice advertising the public hearing was placed in the Sun Newspaper (August 1, 2021) and signs were posted on-site. As of the publication date of this report, staff has received 0 written comments in favor, and 0 in opposition to the request. FINANCIAL IMPACT: None. The applicant has paid the required application fees. SUBMITTED BY: Ryan Clark, Planner ATTACHMENTS: Description Type [2021-8-VAR] - ZBA Staff Report Cover Memo Exhibit 1 - Location Map Exhibit Exhibit 2 - Conceptual Plan Exhibit Exhibit 3 - Letter of Intent Exhibit Presentation Presentation Page 40 of 73 Zoning Board of Adjustment Planning Department Staff Report 2021-8-VAR Zoning Variance for 5514 and 5549 N Mays Street Page 1 of 7 Report Date: August 13, 2021 Case No: 2021-8-VAR Project Planner: Ryan Clark, Planner Item Details Project Name: Zoning Variance for 5514 and 5549 N Mays Street Project Location: 5514 and 5549 North Mays Street, within City Council district No. 1. Legal Description: 2.187 acres and 1.467 acres out of the B.C. Low Survey Applicant: Tom Groll Engineering, PC, c/o Thomas Groll Representative: N/A Property Owner: Horizontal Westinghouse Investors, LLC, c/o Matt Dickey Request: Zoning Variance from PUD Ordinance 2017-31 for the street setbacks to be reduced from 25 feet to 10 feet, a 60% decrease, for the properties located at 5514 and 5549 N Mays Street. Case History: This is the first public hearing of this request. Overview of Applicant’s Request The applicant is requesting a variance for the street setback requirement of 25 feet set by PUD Ordinance 2017-31 to be reduced to 10 feet on the portions of the properties that front N Mays Street, a 60% decrease from the requirement. The applicant intends to develop the property 10 feet from the Page 41 of 73 Planning Department Staff Report 2021-8-VAR Zoning Variance for 5514 and 5549 N Mays Street Page 2 of 7 property line. They stated that the subject properties are too narrow for development with a 25-foot setback. Site Information Location: The subject properties are located at the southwestern and southeastern corners of the intersection of Westinghouse Road and North Mays Street. They are currently undeveloped. Physical and Natural Features: Both properties lack any unique features on site. They both are on a slope with the high point at the northern edge of the properties that continues increasing in elevation along Rabbit Hill Road to the north. Both lots are mostly clear of vegetation. Future Land Use and Zoning Designations: The subject property has a Regional Center designation and is currently zoned General Commercial (C- 3). The properties are also in the New Westinghouse Investors Tract Planned Unit Development (Ordinance 2017-31). Surrounding Properties: This area is partially developed with a mixture of multi-family, civic, and business park type uses. The neighboring properties immediately to the north, east, and southern bounds of the subject properties are undeveloped. However, there are developed or developing multi-family projects to the west and further south along N Mays Street, and Business Park uses to the east along Westinghouse Road. There is a religious congregation to the north on Rabbit Hill Road. 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 Industrial, Public Facility Regional Center Undeveloped South Agriculture, General Commercial Regional Center Undeveloped East Agriculture Regional Center Undeveloped West Local Commercial Regional Center Multi-Family Page 42 of 73 Planning Department Staff Report 2021-8-VAR Zoning Variance for 5514 and 5549 N Mays Street Page 3 of 7 Approval Criteria The following are the pertinent sections of the Unified Development Code (UDC) related to this request: • PUD Ordinance 2017-31, Section F. Design Standards: General Commercial (C-3) zoning per the PUD have a required Street Setback of 25 feet. 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. Staff has reviewed the submitted Zoning Variance request in accordance with the UDC and other applicable codes. Staff has determined that the request partially complies with 1 and does not comply with 6 of the 7 required findings established in UDC Section 3.15.030.A for a Zoning Variance as outlined below. Page 43 of 73 Planning Department Staff Report 2021-8-VAR Zoning Variance for 5514 and 5549 N Mays Street Page 4 of 7 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. Does Not Comply There are no extraordinary or special conditions affecting the land involved that will deprive the applicant of reasonable use of their land. Each parcel is at least 1.4 acres in size (above the minimum size of 1 acre per the PUD) and at least 150’ wide (above the minimum width of 50’ per the PUD) at their shortest widths, so even with the 25’ of street setback and 10 feet of rear setback, there is still 115’ of space that can be built out. There are no extraordinary natural features or man- made obstacles present that would prohibit the use of the land within the setbacks. Even with the 25’ street setback, the properties can be reasonably used. 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. Does Not Comply The granting of the variance will not be detrimental to the public safety because the Zoning Variance will not allow for the properties to develop within the 25’ site triangle required for traffic safety at corner lots. However, it will be detrimental to the public health because granting the variance will prevent the proper placement of utilities. There is a 25’ utility easement on the street frontage of the western subject property and a 15’ Public Utility Easement will be located along the street frontage of the eastern frontage when the final plat for it is recorded. By granting this variance and reducing the street setback to 10’, both properties will be susceptible to buildings encroaching into the aforementioned easements on each property. Granting this Zoning Variance will also be detrimental to the public welfare of the area by generating a more cluttered intersection character, as well as creating a tighter and more claustrophobic streetscape for pedestrians. One purpose of setbacks per UDC Section 7.01.020 is to “allow for the preservation of open and natural areas.” Granting this Zoning Variance will decrease the amount of open and natural areas preserved on site, hampering the welfare of the area. Page 44 of 73 Planning Department Staff Report 2021-8-VAR Zoning Variance for 5514 and 5549 N Mays Street Page 5 of 7 ZONING MAP VARIANCE APPROVAL CRITERIA 3. Other Property That the conditions that create the need for the Zoning Variance do not generally apply to other property in the vicinity. Partially Complies The stated condition per the Letter of Intent is that the lot configurations of the subject properties are too small in width to be developed with the current setbacks. While there are not any other properties with a similar lot width in the vicinity, the subject properties are still wide enough to be developed with uses in line with the area. 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. Does Not Comply While the applicant was not the original property owner that created the current lot configuration for the subject properties, they did purchase it in its current configuration. Furthermore, The Planned Unit Development (Ordinance 2020-39) that set the 25’ street setback that this request is seeking variance from was initiated by the applicant as well. The current sizes of the subject properties are large enough for a use appropriate to the present zoning districts to be constructed. Because the applicant has an intended use that they think needs the Zoning Variance and is responsible for the Planned Unit Development that set the 25’ street setback, the conditions that create this need are 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. Does Not Comply The granting of the Zoning Variance substantially conflicts with the purposes of this Code. Per UDC section 7.01.020, Purpose and Intent, Setbacks and other dimensional standards serve the purpose of regulating the manner in which land is developed, minimizing adverse effects on surrounding properties and the general public and ensure that high quality development is maintained throughout the community. By granting this Zoning Variance, the development footprint can be placed closer to the roadway and sidewalks, which will heighten adverse effects on the general public passing along North Mays Street rather than minimize them. The UDC will require a 15-foot Public Utility Easement along the frontages in addition to the existing 25’ easement on the western subject property’s eastern side. Lowering the street setback to 10 feet would create a conflict between the building envelopes and the necessary utility easements. Additionally, it will allow for a lower quality development by removing aesthetically pleasing green space along the frontage and replacing it with additional parking or other forms of potentially unattractive impervious cover. The granting of the Zoning Variance also conflicts with the Comprehensive Plan. This area has been Page 45 of 73 Planning Department Staff Report 2021-8-VAR Zoning Variance for 5514 and 5549 N Mays Street Page 6 of 7 ZONING MAP VARIANCE APPROVAL CRITERIA designated as a Regional Center, which calls for large retailers and automobile-oriented development while still maximizing internal pedestrian connectivity and including opportunities for pedestrian activity. By lowering the setback and thus removing 15 feet of greenspace along the pedestrian pathway, this Zoning Variance will inhibit rather than maximize pedestrian activity. 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. Does Not Comply The application of this Code to the subject properties would not effectively prohibit or unreasonably restrict the utilization of the property. On the smaller of the two properties, the length of the property that runs parallel to the street frontage that the Zoning Variance is sought for is 362.9’. this length times an additional 15’ of space to develop equates to 5,444 additional square feet, which is close to 0.125 acres. This is less than 10% of the total site area and denying this requested Zoning Variance will not unreasonably restrict the amount of developable land on the property as it is 1.367 acres. 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. The above insufficient findings are applicable to this case. - Staff has found that the granting of this variance is not needed for the highest and best use of the property. A commercial development can still be constructed and maintained on these properties. - Staff has found that there is not a financial or economic hardship, as this variance is sought out of a desire for additional developable land - Staff has found that there is not a hardship related to the requirement of a 25’ street setback, as a commercial use can still be developed on this property and meet the requirements of the code. - Staff has found that the development objectives of the property owner can still be accomplished with the amount of land and lot dimensions currently available after accounting for setbacks. Page 46 of 73 Planning Department Staff Report 2021-8-VAR Zoning Variance for 5514 and 5549 N Mays Street Page 7 of 7 There is not a need nor is there is a unique condition that prevents these properties from being developed with the uses allowed in the General Commercial zoning district that still meet the requirements of the UDC and PUD. While the 15-foot reduction to the street yard setback would provide additional buildable area within the lot, Staff’s analysis has not identified any aspects of the existing setback requirements which would render the subject tracts unusable. The variance would only allow for the building and parking to be closer to the sidewalk and road and would negatively impact the character of the area. 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 (15 notices), a legal notice advertising the public hearing was placed in the Sun Newspaper (Sunday, August 1) and signs were posted on-site. To date, staff has received 0 written comments in favor, and 0 in opposition to the request. Attachments Exhibit 1 – Location Map Exhibit 2 – Conceptual Plan Exhibit 3 – Letter of Intent Page 47 of 73 Location 2021-8-VAR Exhibit #1 WESTING H O U S E R D N M A YS S T W E S T I N G H O U S E R D W E S T I N G H O U S E R D V I S T A V I E W D R VISTA VIEW DR TURNARO U N D CHAMBER L I N TRL W E S T I N G H O U S E R D PROMONTORYPOINT TRL N MAY S ST MEADOW W O O D C V P A R K C E N T R A L B L V D R A B B I T H I L L R D T U R N A R O U N D N MAYSST WESTING H O U S E R D WESTINGH O U S E R D W E S T I N G H O U S E R D V I S T A V I E W D R V I S T A V I E W D R TURNAROUN D CHAMBER L I N T R L WE S T I N G H O U S E R D WESTINGH O U S E R D PR O M O N T O R Y P O I N T T R L V I S T A V I E W D R V I S T A V I E W D R VISTAVIEWDR WE ST I NG H OU S E R D W E S T I N G H O U S E R D N MAYSST M E A D O WWO OD C V PARK CENTR A L B L V D R A B B I T H I L L R D W ES T I N GH OU S E R D 0 500250 Feet ¯ Site Parcels City Limits Georgetown ETJ Page 48 of 73 © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS WESTINGHOUSE ROAD RAB B I T H I L L R D . PAR K C E N T R A L BOU L E V A R D SUBJECT TRACTS IH 3 5 CELEBRATION CHURCH PARK CENTRAL BUSINESS PARK MAYS STR E E T WESTINGHOUSE ROAD TERAVISTA VERA VISTA SUBDIVISION DPS PREPARED FOR: No.DATE BYDESCRIPTION ◊ 5208 PRYOR LANE, AUSTIN, TEXAS 78734 ◊ (512) 848-5796 ◊ ◊ TBPE FIRM # F-9799 ◊ TOMG@.TG-ENG.COM ◊ DOCUMENT IS FORINTERIM REVIEW ANDNOT INTENDED FOR CONSTRUCTION BIDDING OR PERMIT PURPOSES Project No. Sheet No. Drawn By: Check by: Scale: Date: Sheet Index: of 0749-001 1 1 tjg TJG 1" = 1,000' 6/16/2021 ################ ################ ################ ################################ HORIZONTAL WESTINGHOUSE INVESTORS TRACT LOCATION MAP HORIZONTAL WESTINGHOUSEINVESTORS, LLC20 E. CONGRESS ST., SUITE 300TUCSON, AZ 85701 FILE D A T A - L o c a t i o n : D:\ P R O J E C T S \ 0 7 4 9 - 0 0 1 N E W W E S T I N G H O U S E I N V E S T O R S \ E N G I N E E R I N G \ P R E L I M I N A R Y P L A T \ L O C A T I O N M A P . D W G , L a y o u t : LO C A T I O N M A P , S a v e d : 6/1 6 / 2 0 2 1 1 2 : 4 3 P M ; P L O T D A T A - U s e r : To m G r o l l , S c a l e : ### # # # , S i z e : AN S I F u l l B l e e d A ( 8 . 5 0 X 1 1 . 0 0 I n c h e s ) , T a b l e : CH I L E S C O N S U L T I N G . C T B , D a t e : 6/1 6 / 2 0 2 1 1 : 4 4 P M SCALE IN FEET 5000 1000 N Page 49 of 73 WESTINGHOUSE ROAD 152 + 0 0 15 3 + 0 0 15 4 + 0 0 15 5 + 0 0 15 6 + 0 0 15 7 + 0 0 15 8 + 0 0 15 9 + 0 0 16 0 + 0 0 N2 1 ° 0 3 ' 4 4 . 0 0 " W 23 9 . 0 6 ' N68° 40' 13.93"E 167.89' S22° 55' 59.74"E 176.88' S2 2 ° 5 8 ' 5 1 . 4 8 " E 15 3 . 7 1 ' R808.00' L67.18' S69° 05' 34.26"W 208.21' N2 2 ° 5 5 ' 4 7 . 1 1 " W 11 2 . 5 8 ' N66° 57' 12.82"E 5.00'N67° 04' 01.93"E 5.00' N22° 55' 47.97"W 204.86' N23° 01' 06.52"E 28.76' N68° 18' 05.47"E 158.44' S2 1 ° 1 7 ' 4 0 . 0 4 " E 34 0 . 1 2 ' S69° 01' 38.25"W 174.47' S67° 05' 35.73"E 33.40' L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 Lot Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 Length 21.95 145.44 31.19 7.18 171.73 199.92 7.02 33.92 134.79 22.77 Direction S21° 03' 44.00"E S68° 44' 48.27"W N67° 05' 35.73"W S67° 05' 35.73"E S22° 55' 53.60"E N22° 55' 47.54"W N22° 26' 57.51"E S22° 54' 24.27"W S68° 53' 13.83"W N21° 17' 43.04"W LOT 3, BLOCK B 2.187 AC LOT 1, BLOCK C 1.467 ACMA Y S S T R E E T PREPARED FOR: No.DATE BYDESCRIPTION ◊ 5208 PRYOR LANE, AUSTIN, TEXAS 78734 ◊ (512) 848-5796 ◊ ◊ TBPE FIRM # F-9799 ◊ TOMG@.TG-ENG.COM ◊ DOCUMENT IS FORINTERIM REVIEW ANDNOT INTENDED FOR CONSTRUCTION BIDDING OR PERMIT PURPOSES Project No. Sheet No. Drawn By: Check by: Scale: Date: Sheet Index: of 0749-001 1 1 tjg TJG 1" = 100' 6/17/2021 ################ ################ ################ ################################ HORIZONTAL WESTINGHOUSE INVESTORS TRACT LOT DIMENSIONS EXHIBIT HORIZONTAL WESTINGHOUSEINVESTORS, LLC20 E. CONGRESS ST., SUITE 300TUCSON, AZ 85701 FILE D A T A - L o c a t i o n : D:\ P R O J E C T S \ 0 7 4 9 - 0 0 1 N E W W E S T I N G H O U S E I N V E S T O R S \ E N G I N E E R I N G \ P R E L I M I N A R Y P L A T \ L O T D I M E N S I O N S . D W G , L a y o u t : LO T D I M E N S I O N S , S a v e d : 6/1 7 / 2 0 2 1 1 0 : 5 2 A M ; P L O T D A T A - U s e r : To m G r o l l , S c a l e : ## # # # # , S i z e : ANS I F u l l B l e e d A ( 8 . 5 0 X 1 1 . 0 0 I n c h e s ) , T a b l e : CHI L E S C O N S U L T I N G . C T B , D a t e : 6/1 7 / 2 0 2 1 1 1 : 0 2 A M SCALE IN FEET 500 100 N Page 50 of 73 WESTINGHOUSE ROAD RABBIT H I L L R D . MA Y S S T R E E T 25' STREET SETBACK25' STREET SETBACK 3,423 ft2 R.O.W. DEDICATION ORIGINAL R.O.W. LINE 3,448 ft2 R.O.W. DEDICATION 871 ft2 R.O.W. DEDICATION 886 ft2 R.O.W.DEDICATION 25.0' STREET SETBACK 25.0' STREET SETBACK REQUESTED 10' SIDE SETBACK REQUESTED 10' SIDE SETBACK LOT 3, BLOCK B(2.088 AC) LOT 1, BLOCK C (1.367 AC) PREPARED FOR: No.DATE BYDESCRIPTION ◊ 5208 PRYOR LANE, AUSTIN, TEXAS 78734 ◊ (512) 848-5796 ◊ ◊ TBPE FIRM # F-9799 ◊ TOMG@.TG-ENG.COM ◊ DOCUMENT IS FORINTERIM REVIEW ANDNOT INTENDED FOR CONSTRUCTION BIDDING OR PERMIT PURPOSES Project No. Sheet No. Drawn By: Check by: Scale: Date: Sheet Index: of 0749-001 1 1 tjg TJG 1" = 100' 6/16/2021 ################ ################ ################ ################################ HORIZONTAL WESTINGHOUSE INVESTORS TRACT PROPERTY SETBACK EXHIBIT HORIZONTAL WESTINGHOUSEINVESTORS, LLC20 E. CONGRESS ST., SUITE 300TUCSON, AZ 85701 FILE D A T A - L o c a t i o n : D:\ P R O J E C T S \ 0 7 4 9 - 0 0 1 N E W W E S T I N G H O U S E I N V E S T O R S \ E N G I N E E R I N G \ P R E L I M I N A R Y P L A T \ S E T B A C K V A R I A N C E R E Q U E S T . D W G , L a y o u t : GP- 0 0 1 , S a v e d : 6/1 6 / 2 0 2 1 1 2 : 0 5 P M ; P L O T D A T A - U s e r : Tom G r o l l , S c a l e : ## # # # # , S i z e : AN S I F u l l B l e e d A ( 8 . 5 0 X 1 1 . 0 0 I n c h e s ) , T a b l e : CH I L E S C O N S U L T I N G . C T B , D a t e : 6/1 6 / 2 0 2 1 1 2 : 2 9 P M SCALE IN FEET 500 100 N Page 51 of 73 Page 52 of 73 Page 53 of 73 Page 54 of 73 Page 55 of 73 1 Project Name 2021-8-VAR Zoning Board of AdjustmentAugust 17, 2021 Page 56 of 73 2 Item Under Consideration 2021-8-VAR •Public Hearing and possible action on a request for a Zoning Variance from PUD Ordinance 2017-31 for the street setbacks to be reduced from 25 feet to 10 feet, a 60% decrease, for the properties located at 5514 and 5549 N Mays Street, bearing the legal description of 2.187 acres and 1.467 acres out of the B.C. Low Survey (2021-8-VAR) –Ryan Clark, Planner Page 57 of 73 3 Call-Out Box Page 58 of 73 4 Toolmen Business Park Industrial Use Religious Congregation Multi-Family Multi-Family Page 59 of 73 5 Call-Out Box Page 60 of 73 6 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 Page 61 of 73 7 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. Page 62 of 73 8 Call-Out Box Page 63 of 73 9 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. Page 64 of 73 10 UDC Sec. 13.03.B “Alongside major collectors, arterials, and highways, the P.U.E. shall be a minimum of 15 feet.…” Page 65 of 73 11 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. Page 66 of 73 12 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. Page 67 of 73 13 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 Page 68 of 73 14 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. Page 69 of 73 15 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. Page 70 of 73 16 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. Page 71 of 73 17 Public Notifications •15 property owners within the 300’ buffer •Notice in Sun News on August 1, 2021 •Signs posted on the property •To date, staff has received: •0 written comments IN FAVOR •0 written comments OPPOSED Page 72 of 73 18 Summary •Public Hearing and possible action on a request for a Zoning Variance from PUD Ordinance 2017-31 for the street setbacks to be reduced from 25 feet to 10 feet, a 60% decrease, for the properties located at 5514 and 5549 N Mays Street, bearing the legal description of 2.187 acres and 1.467 acres out of the B.C. Low Survey (2021-8-VAR) –Ryan Clark, Planner •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. Page 73 of 73