Item 7A (1 of 2)site and removal of trees identified as protected or heritage trees must be mitigated. The UDC defines Trees
having a DBH (diameter at breast height measured four feet (4') above existing ground level) between eight
inches (8 ") and less than twenty -four inches (24 ") as Protected Trees and shall be mitigated on a one -to -one
DBH inch ratio for every tree removed. Trees having a DBH greater than or equal to twenty -four inches (24 ") as
Heritage Trees and shall be mitigated at a three -to -one DBH inch ratio for every tree removed. The applicant
may request to provide a fee -in -lieu of payment, plant trees throughout the City at approved public facilities,
donate trees or plant trees on the site to obtain tree preservation credits.
The layout of a property with respect to the placement of buildings, parking areas and design of the lot is at the
discretion of the developer. According to the documentation submitted, the layout of the lot and design of the
building has been revised from the initial site plan submitted October 2012 to preserve additional trees on the
site. It is unclear to what extent if at all that the lot layout was developed with consideration of the trees.
The tree mitigation table submitted by the applicant identifies they will be preserving 52% and removing 48% of
the trees total DBH on the site. The applicant has indicated that they plan to obtain tree preservation credits
and provide a fee -in -lieu of payment for the balance of trees being removed. According to the current City fee
schedule and the applicant's documentation a fee -in -lieu of payment in the amount of $208,750 would be due
at the time of building permit for this site.
The applicant is requesting the Board to consider the variance to UDC, Article 9, Sec. 21.9.9 — Tree
preservation and mitigation. The request is for an alternate calculation method for tree mitigation which can be
found on page 18 "Proposed Alternative Tree mitigation Calculation" of the applicant's proposal included in the
packet.
GENERAL LOCATION:
The property is located approximately 280' south of the Legacy Oaks Parkway and is addressed as 5001
Schertz Parkway.
Existing Zoning
North General Business
SURROUNDING ZONINGILAND USE:
Existing Use
Undeveloped
..............
STAFF ANALYSIS STAFF RECOMMENDATION:
Staff recommends disapproval of BOA 2013 -001 based on the following findings:
1. The purpose of a variance is not to grant a special privilege to any property owner, but to assure that
rights commonly enjoyed by all properties comply with the same provisions. The subject property does
not have special circumstances uncommon to other commercial properties being developed in the City.
Furthermore, since 2006 there have been various commercial development that have made fee -in -lieu
2
Existing Zoning
Existing Use
North General Business
Apartments
South Neighborhood Services and
Undeveloped
Single Family Residential
.......
East Right -of -way
Schertz Parkway
West Commercial - City of Selma
Undeveloped
STAFF ANALYSIS STAFF RECOMMENDATION:
Staff recommends disapproval of BOA 2013 -001 based on the following findings:
1. The purpose of a variance is not to grant a special privilege to any property owner, but to assure that
rights commonly enjoyed by all properties comply with the same provisions. The subject property does
not have special circumstances uncommon to other commercial properties being developed in the City.
Furthermore, since 2006 there have been various commercial development that have made fee -in -lieu
2
payment for removal of protected and heritage trees. Page 4 of the applicant's presentation shows a
table of Tree Mitigation fees for commercial developments within the City. This proposed development
ranks 5 out of 11 developments in the inches per acre category; which indicates that granting this
variance would grant a privilege to this property owner not enjoyed by other commercial properties in
the City.
2. PinPont Commercial has indicated that the approximate value of completed construction for this site is
approximately $12 million. Based on the $12 million value of completed construction and the proposed
fee -in -lieu of payment of approximately $208,750 for the mitigation on this project, the fee -in -lieu of
payment is not out of the ordinary, relative to other projects the mitigation fees do not seem excessive.
3. The General Business zoning district allows a range of land uses, of which one is an assisted living
facility. The applicant has chosen a property which is heavily treed and due to the buildings large
footprint the trees being removed is substantial. Other allowed uses or designs are provided for in the
zoning district which may reduce the amount of trees being removed such as a series of office
professional buildings similar to the Schertz Professional Plaza; which is located directly across
Schertz Parkway from this site.
4. It is important to consider that a variance shall not be granted to relieve a self- created or personal
hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a
privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district.
Planning Department Recommendation
Approve as submitted
Approve with conditions*
X Denial
, vvnue the hoard can impose conditions; conditions should only be imposed to meet requirements of the UDC.
UDC CRITERIA: In order to make a finding of hardship and grant a variance from the zoning regulations of the
UDC, the BOA must reference the criteria within Article 3, Sections 21.3.4.C. The applicant's justification for the
granting of the variance may be found on the application that is included in the Board's packet.
Attachments:
Aerial location map
Public hearing notice map
Public hearing response
Correspondence
-IM
3�
��
r
t
fi
�'
�`�
[ ��,
��.�I
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.
of variance .request:
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 ONo
Explain:
".
i
Aril - �
�irli.sZ.4a
. 6A Lv
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
Fxplain:
3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes ONO
4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity?
❑ Yes No
P
aeparer's Signature: �
Printed Name:
Date prepared.:
16- Variance Checklist
Updated 1L200I
Page 2 of 2
I d ' : t—,,