05-02-16 BOA Agenda with associated documentsSCHERTZ BOARD OF ADJUSTMENT
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
1. CALL TO ORDER / ROLL CALL
3. PUBLIC HEARING:
The Board of Adjustment will hold a public hearing related to variance requests within this agenda. The public hearing will be opened to
receive a report from staff, the applicant, and the adjoining property owners affected by the applicant's request, and any other interested
persons. Upon completion, the public hearing will be closed. The Board will discuss and consider the application, and may request
additional information from staff or the applicant, if required. After deliberation, the Board will act on the applicant's request.
A. BOA2016 -002
Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.7 —
Landseaping from the requirement that a twenty foot (20') landscape buffer with trees and shrubs
be provided adjacent to a residential use or residentially zoned property at Lot 1, Block 1, Schertz
3009 Market Subdivision, generally located at the southwest corner of the intersection of FM 3009
and Elbel Road, Schertz, TX.
4. PRESENTATION:
A. Presentation and discussion on City of Schertz 2016 Strategic Plan.
5. ANNOUNCEMENTS:
A. Announcements by Members
• City and community events attended and to be attended
• Continuing education events attended and to be attended
B. Announcements by City Staff
• City and community events attended and to be attended
• Continuing education events attended and to be attended
Board of Adjustment May 2, 2016 Page 1 of 2
CERTIFICATION
I, Bryce Cox, Planner of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards
on this the 29th day of April, 2016 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was
posted in accordance with chapter 551, Texas Government Code.
'gr� r
,e Cox
Bryce Cox, Senior Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was removed from
the official bulletin board on day of , 2016.
title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special
assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting.
The Board of Adjustment for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to
discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any
Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the
meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has
been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is
conducted by all participants in reliance on this opinion.
Board of Adjustment Page 2 of 2
May 2, 2016
TO: Board of Adjustment
CASE: BOA 2016 -002 Schertz 3009 Market Subdivision, Lot 1, Block 1— Landscaping
REQUEST: The property owner is requesting a variance to Article 9, Section 21.9.7.G — Landscaping from the
requirement that trees and shrubs be provided in a twenty foot (20) landscape buffer adjacent to a residential
use or residentially zoned property along the south side of the property. The landscaping will be installed in
accordance with exhibit A.
PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder" on April 12,
2016 and in the "Herald" on April 20, 2016. There were ten (10) notices mailed to surrounding property owners
on April 21, 2016. At the time of this staff report one (1) response has been received and is in favor of the
request.
BACKGROUND: The Board of Adjustment previously considered and approved this request by unanimous
decision on April 22, 2013, September 26, 2013, February 24, 2014, August 25, 2014, January 26, 2015, and
June 22, 2015. In accordance with the UDC a variance is effective for a period of 180 days after the date of
approval. The most recent variance approval expired on December 19, 2015.
ITEM SUMMARY: The property owner has submitted a new site plan and is proposing to construct an
approximately 2,000 square foot retail development on the approximately 6 acre tract of land located at the
corner of Elbel and FM 3009. The south side of the property is located adjacent to a multi - family dwelling district
and is encumbered by approximately seventy -nine feet (79') of easements; within that easement is a thirty foot
(30) Schertz Seguin Local Government Corporation (SSLGC) waterline easement and a sixty foot (60) GVEC
Electric easement which overlap each other by approximately 10 feet. SSLGC has indicated that the planting
of trees and shrubbery is prohibited within the waterline easement. GVEC has indicated that planting trees is
prohibited within their easement but the planting of shrubbery is permitted within their easement. These existing
easements and restrictions limit the property owner's ability to comply with the Unified Development Code
(UDC) landscaping requirements.
Pursuant to the Unified Development Code (UDC) Article 9, Section 21.9.7 Landscaping is required for all
development in the City to enhance the community's environmental and beautification efforts and reduce the
negative effects of the glare, noise, erosion and sedimentation caused by large areas of impervious and un-
vegetated surfaces. According to the UDC any nonresidential use is required to provide a twenty foot (20)
landscape buffer adjacent to the property line of a residential use or residentially zoned property with a
minimum of one (1) shade tree planted every thirty linear foot (30) and a minimum of ten (10) shrubs planted
for each fifty linear feet (50').
City Staff met several times with the property owner and project Engineer to discuss the site layout and
compliance with the UDC regulations. A site layout for the property with respect to the placement of the
building, parking areas and location of easement has been submitted as well as correspondence from the utility
companies describing their landscaping restrictions.
If the variances are granted the result would be a follows:
No trees would be planted on the south property line within the easements. Trees will instead be
planted outside of the easements adjacent to the development.
Shrubs will be provided at the edge of the vehicle use area and parking areas
SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE:
The property is located on the southeast corner of FM 3009 and Elbel Road.
Existing Zoning Existing Use
General Business Undevelooed
ZJI 10 1 l VIV461 l I I l -1N
Existing Zoning Existing Use
North Right -of -Way and General Business Elbel Road
South Apartment/Multi- Family Residential District Multi- Family Residential
East Right -of -way Drainage Channel
West Right- of-wav FM 3009
CRITERIA FOR REVIEW: According to UDC, Article 3, Sections 21.3.4.C, In order to make a finding of
hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:
1. The requested variance does not violate the intent of this UDC or its amendments;
The variance does not violate the intent of the UDC or its amendments because the property owner will
provide landscaping on the site to enhance the beautification of the City as well as mitigate the noise
and lighting impact on the adjacent property by providing an additional setback and shrubs to provide a
visual screen. The south side of the property is encumbered by an exceptionally large easements and
no structures are allowed to be constructed within those easements essentially providing a minimum
setback seventy -nine feet (79) from the property line; which is fifty -four feet (54) more that the
standard commercial set back which will help mitigate the light and noise on the adjacent property. A
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wooden privacy fence is currently located on the property line between the two properties that serves
as a visual screen.
2. Special conditions of restricted area, topography or physical features exits that are peculiar to
the subject parcel of land and are not applicable to other parcels of land in the same zoning
district;
The purpose of this variance is to acknowledge the special circumstances particular to the subject
property. The easement encumbrance of seventy -nine feet (79) on the subject property prohibits the
property owner from planting the required trees adjacent to the residential use. The large easement
limits development of the site and is not common to most commercial properties. Most commercial
developments have approximately ten (10) to twenty (20) feet of easements dedicated on the property.
3. The hardship is in no way the result of the applicant's own actions; or
The easements on the subject property, established by SSLGC and GVEC, create an undue hardship
because the use of the easements is restricted and are in no way the result of the applicant's own
actions. The easements were established to benefit the community and satisfy the needs for growth
and development in the area.
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district that
comply with the same provisions.
STAFF ANALYSIS STAFF RECOMMENDATION:
Staff recommends approval of BOA 2016 -002. The request for a variance complies with the approval criteria
for granting a variance as presented above.
Planning Department Recommendation
X Approve as submitted
Approve with conditions*
Denial
* While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC.
Attachments:
Aerial location map
Public hearing notice map
Exhibits
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CASE NUMBER
Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory
building and non - conforming use subject to making a finding of hardship that the variance meets all four of the following
criteria. State how your request meets these conditions.
Description of variance request:
The applicant is requesting a variance to Section 21.9.7 (G) requiring a 20 -ft landscape buffer adjacent to residential property with 1 shade tree
for every 30 linear feet and 10 shrubs for every 50 linear feet. The required buffer area can be provided on the south side of the site adjacent to
the multi - family residential use, however, the owners of existing utility easements along this property line prohibit tree planting in the provided
buffer area.
Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right
commonly enjoyed by other properties in the same zoning district that comply with the same provisions?
❑ Yes IM No
Explain: The requested variance does not violate the intent of the UDC as there are already several trees and an existing wood fence in
place on the multi - family side of the property line within close proximity of the subject property. Any trees or shrubs planted within the
required landscape buffer would be blocked from view by the multi - family users by the existing fence screening the property.
2. Do special conditions or restricted area, shape, topography, or physical features exist that are irregular to the subject
parcel of land and not applicable to other parcels of land in the same zoning districts? 0 Yes ❑ No
Explain: This particular site is restricted by two existing utility lines with associated easements (30 -foot waterline easement and 60-foot
overhead electric easement) totaling 79 -feet from the property line into the site on the southeast side. The owners of these easerltents have
.expressed in writing that they will not permit plantings within the easements due to potential conflicts with their uses, Therefore, the required
landscape space (20 -feet from the property line) is provided, but the user is not permitted to plant the UDC required plantings as noted above.
3. Is the hardship the result of the applicant's own actions or intended for financial interests ❑ Yes 12 No
Explain: Based on the layout of the existing utility easement's, the owner will have this issue on this site regardless of the use or chosen site
layout.
4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity?
❑ Yes IM No
Explain: Granting this variance will only affect the subject property and the adjacent multi - family property. However, as stated above and
shown in the attached exhibits, an existing screening fence is already in place and acts as a visual buffer between the two uses. The
required landscape area will still be provided. It is only the required plantings within this area that cannot be provided.
Preparer's Signature:
Printed Name: Richard Underwood, Kimley -Horn and Associates, Inc. (Agent for owner)
Date prepared:
04/01/2016
16- Variance Checklist
updated 10 -2009
Page 2 of 2
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