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06-27-16 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 fiby9 yW.11N1 0901 IrIIa07_IONaIstjg9jIII.70111 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 of 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 -003 Hold a public hearing, consider and act upon a request for a variance to UDC Article 5, Section 21.5.7.13 — Dimensional Requirements from the required 100 -foot lot width to permit a 60 -foot lot width in the Public Use zoning district on an approximately 28 acre tract of land out of the G. Malpez Survey No. 67, Abstract No. 464, City of Schertz, Bexar County, Texas, and being generally located at the intersection of Authority Lane and Schaefer Road. B. BOA2016 -004 Hold a public hearing, consider and act upon a request for a variance to UDC Article 9, Section 21.9.8.B.2.b. - Prohibited Materials, in order to permit barbed wire on an approximately 1 acre tract of land out of the G. Malpez Survey, Abstract No. 221, City of Schertz, Guadalupe County, Texas, and being generally located on FM 78 approximately 1650 feet east of the intersection of FM 3009 and FM 78. A. Follow -up discussion on City of Schertz 2016 Strategic Plan. 5. ANNOUNCEMENTS: Board of Adjustment June 27, 2016 Page 1 of 2 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 5. ADJOURNMENT OF THE REGULAR MEETING 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 24th day of June, 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. '?, ruce 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 fbr 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(e) and the meeting is conducted by all participants in reliance on this opinion. Board of Adjustment Page 2 of 2 June 27, 2016 6Td I FiWan I -•M- TO: Board of Adjustment PREPARED BY: Channary Gould, Planner CASE: BOA 2016 -003 OJR RWRP, Lot 1, Block 1 — Lot Width SUBJECT: Hold a public hearing, consider and act upon a request for a variance to UDC Article 5, Section 21.5.7.B — Dimensional Requirements from the required 100 -foot lot width to permit a 60 -foot lot width in the Public Use zoning district on an approximately 28 acre tract of land out of the G. Malpez Survey No. 67, Abstract No. 464, City of Schertz, Bexar County, Texas, and being generally located at the intersection of Authority Lane and Schaefer Road. GENERAL INFORMATION: Owner /Applicant: Cibolo Creek Municipal Authority (CCMA) Engineer: Moeller & Associates, Shane Klar P.E. REQUEST: The property owner is requesting a variance to UDC Article 5, Section 21.5.7.B — Dimensional Requirements from the required 100 -foot lot width for a portion of the proposed Lot 1, Block 1 of the OJR RWRP Subdivision. The request is for a portion of the proposed lot that would be 60 feet wide due to existing site constraints. PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder "on June 9, 2016 and in the "Herald" on June 15, 2016. There were fourteen (14) notices mailed to surrounding property owners on June 9, 2016. At the time of this staff report one (1) response was received indicating opposition to the requested variance. ITEM SUMMARY: The existing wastewater treatment facility is on approximately 30 acres that is accessed from Schaefer Road onto Authority Lane. CCMA recently submitted a preliminary plat application to establish a legal lot of record so that CCMA could expand and make new improvements to its current wastewater treatment facility. In order for CCMA to make improvements to its existing facility, a legal lot of record needs to be established so that the City could issue building permits, per the City's Unified Development Code requirements specified in Section 21.4.16.E, Issuance of Building Permits. The proposed lot includes parcels that are currently owned by CCMA that are along Authority Lane, which is a private street that provides access to CCMA's property. The portion of the proposed lot along Authority Lane that connects to Schaefer Road is at its narrowest width a little over 60 feet in width, which is less than the required 100 -foot lot width for the Public Use zoning district. The portion of the lot that narrows to approximately 60 feet is constrained by existing lots on both sides of the subject site that are owned by private parties and beyond control by CCMA. Due to existing conditions, CCMA is requesting a variance to the required 100 -foot lot width because CCMA is unable to comply with this dimensional requirement. SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE: The property is located on the northwest corner of the intersection of Authority Lane and Schaefer Road. Existing Zoning Existing Use Public Use Wastewater Treatment Facility SURROUNDING ZONINGILAND USE: 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: 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's request for a reduced lot width applies to a portion of the proposed lot that is already constrained due to existing lots on both sides of Authority Lane that limit the property owner's ability to propose a lot that meets the minimum lot width requirement. The portion of the proposed lot that is less than the minimum required 100 -foot lot width provides access to a public street. 2. Special conditions of restricted area, topography or physical features exist 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 property that is owned by CCMA consists of irregular shaped parcels, with a narrow strip of property along Authority Lane that is constrained by existing lots on both sides of Authority Lane that are not owned by CCMA. The special conditions that apply to the subject site included restricted areas that eliminate CCMA's ability to propose establishing a legal lot of record that could meet the minimum lot width requirement. 3. The hardship is in no way the result of the applicant's own actions; or The narrow parcels owned by CCMA along Authority Lane have existed in its current condition since the 1970's, which pre -dates when the parcels were annexed into the City of Schertz corporate limits. The applicant did not intentionally create an irregular shaped lot that violated the UDC, as the properties were under CCMA's ownership prior to the properties being annexed into the City. iN Existing Zoning Existing Use North Public Use Undeveloped South Right -of -Way Schaefer Road East Schertz Extraterritorial Jurisdiction Residential West Public Use Undeveloped 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: 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's request for a reduced lot width applies to a portion of the proposed lot that is already constrained due to existing lots on both sides of Authority Lane that limit the property owner's ability to propose a lot that meets the minimum lot width requirement. The portion of the proposed lot that is less than the minimum required 100 -foot lot width provides access to a public street. 2. Special conditions of restricted area, topography or physical features exist 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 property that is owned by CCMA consists of irregular shaped parcels, with a narrow strip of property along Authority Lane that is constrained by existing lots on both sides of Authority Lane that are not owned by CCMA. The special conditions that apply to the subject site included restricted areas that eliminate CCMA's ability to propose establishing a legal lot of record that could meet the minimum lot width requirement. 3. The hardship is in no way the result of the applicant's own actions; or The narrow parcels owned by CCMA along Authority Lane have existed in its current condition since the 1970's, which pre -dates when the parcels were annexed into the City of Schertz corporate limits. The applicant did not intentionally create an irregular shaped lot that violated the UDC, as the properties were under CCMA's ownership prior to the properties being annexed into the City. iN 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. CCMA is unable to increase the lot width along this portion of the lot due to the existing residential lots along both sides of Authority Lane for roughly 150 feet. Failure to grant this variance would affect CCMA's ability to plat the property as proposed. Without platting to establish a legal lot of record, CCMA would not be able to expand the existing facility or add new development to the site. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends approval of BOA 2016 -003. 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 Reply form received Exhibits DEVELOPMENT June 9, 2016 Dear Property Owner, The Schertz City Board of Adjustment will conduct a Public Hearing on Monday, June 27, 2016 at 6:00 p.m. at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and act upon the following item: BOA 2016-003 - Cibolo Municipal Creek Authority is requesting a variance to Unified Development Code Article 5, Section 21.5,73 - Dimensional Requirements in order to permit a 60-foot lot width in the Public Use zoning district on an approximately 28 acre tract of land out of the G. Malpez Survey No. 67, Abstract No. 464, City of Schertz, Bexar County, Texas, and being generally located at the intersection of Authority Lane and Schaefer Road. Because you own property within 200 feet of the subject property the Board would like to hear how you feet about this request and invites you to attend the public hearing. If you are unable to attend but would like to express how you feel, please complete the bottom portion of this letter and return before the publid hearing date to City of Schertz Planning and Zoning Department, 1400 Schertz Parkway, Schertz, Texas, 78164 or fax (210) 619-1789, or e-mail: cgouldOschertz.com Sincerely, 604, Channaryy Id Planner I I am: in favor of 0 Comments: 93� neutral to 11 the request for BOA 2016-0 Name: DPr%4,Re\ P,41�AAD (Please Print Your Name) Signature Street Address: IX- 4 t— f A&_9-06 "i b/2-. A C ",q 0 ko 7K -7 _� to - - G I O 210,619.1000 'Oherizxorfl 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: Request for a Variance to Unified Development Code Article 5, Table 21.5.713 Dimensional Requirements, from the requested 100 -foot minimum lot width for the Public Use (PCIB) zoning district, to allow for a lot width of CU feet fora portion of the lot that runs along Authority Lane. 1. 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? Dyes X No Explain: Granting this variance request does not violate the intent of the Unified Development Code. Our request for a reduced lot width is because of existing conditions that limit our ability to comply with the required 100 -foot lot width due to configuration of the lot and existing surrounding lots that are owned by other private parties. The portion of the lot that is of a reduced lot width provides the only means of access to a public street. 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? Dyes X No Explain: I he site is o an already iregu ar shape wits a narrow strip 17ocqted between lots owned by separate property owners. The narrow strip of the parcel has existed since the 1970's. 3. Is the hardship the result of the applicant's own actions or intended for financial interest? Dyes X No Explain: The narrow parcels that are along authority Lane have existed since the 1970's, which pre -dates when the parcels were annexed into the City of Schertz jurisdiction. 4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? Dyes X No Explain: The proposed variance is associated with our request to establish a legal lot of record in order to expand the existing treatment plant facility, so that CCiuLA can continue to serve the public by providing wastewater treatment services. Preparer's Signature: Printed Name: Date prepared: � 2010 - -' '• -- << - CIBOLO CREEK MUNICIPAL I 5 CIBOLO CREEK MUNICIPAL AUTHORITY AUTHORITY LANE CIBOLO, TX -- - I - -- - AUTHORITY SCHAEFER ROAD, -_ _ -. CIBOLO, TX LOST MEADOWS '- LOT 12 SUBDIVISION LOT 13 J m \ 35.160 451 ]3]8/1461 - - 9.04 AC. 6985/1605 - 9000/256 � • _......_ _ 5 33'13'32 "E 728.65 '•r!- oai .''- - -. _. _ _._ N29'50'41 "W 1028.16 _... _ -. _ -_ _. . BLOCK,l 77-- -.. - '. - -- CIBOLO CREEK MUNICIPAL AUTHORITY - -_. - - - - - -, AUTHORIFTY LANE SCHAEFER ROAD CIBOLO, „ FEMA FLOODPLAIN ZONE:,.' - - - -- 2.307 C. pry` w N2954'32'W 1052.53 v C13OLO CREEK MUNICIPAL AUTHORITY '.. _. .- .. VOCES HE 1PASS C _- -.. - -. as \\ w °i v LOT 1 o 27.512 AC ZONED PUB 0 100• 200' ro . -t Oa SCALE 1" °100' / N ti b 7, � , m N29'50'41'W 1026.16 - .. `. \ C19OLO CREEK MUNICIPAL AUTHORITY - CIBOLO CREEK MUNICIPAL AUTHORITY VOGES PASS CIBOLO, TX VOGES PASS CIBOLO, 1X - - 6.393 AC. � 11 AC. V1 ' �- 15119/959 ]45 7219/ ]219/ = LOST MEADOWS SUBDIVISION "` � T 9000/256 LOST MEADOWS SU901/255 ` fn ' � � 9000/258 - LOT 17 \ j \ LOT 19 '• LOT t - a_ LOT 14 LOT 15 LOT 18 LOT 1a LOT 20 LOT 21 LOT 22 � I^ I\529'S4'32'E 1994. 66 557'05'33 "W S CI90LO CREEK MUNICIPAL AUTHORITY BLOCK 1 60.06' — g• f ZONED PUB AUTHORITY LANE SCHAEFER ROAD GBOLO, T% w U1 2.307 AC. 7379/458 HAEFER rs—c ROAD w 'N29'48'22 "W 1570.58 — - --- Z CIBOLO CREEK MUNICIPAL AUTHORITY �$ ( 11498 VOCES PASS SCHERTZ. TX 142.92 AC. WILLIAMSON LOT 9 SUBDMSION LOT 8 L'0 7 6225/1957 9527/104 li E % • PRELIMINARY PLAT ESTABLISHING - OJR RWRP PROPERTY LOT 1 BEING A 27.513 ACRE TRACT OF LAND OUT OF THE G. MALPEZ SURVEY NO. 57, ABSTRACT NO. 464, BEXAR COUNTY, 5 TEXAS, AND BEING OUT OF A PORTION OF A 66.028 ACRE TRACT OF LAND AS DESCRIBED IN VOLUME 12 PAGE 185 OF MOELLER� THE REAL PROPERTY RECORDS OF BEXAR COUNTY, TEXAS, A 2.307 ACRE TRACT OF LAND AS DESCRIBED IN VOLUME 7379 &ASSOCIATES P.O.B. ° POINT OF BEGINNING LINE PAGE 1458 OF THE DEED RECORDS OF BEXAR COUNTY Engineering Solutions U.E. - UTILIN FASE�ENT R.O.W. RIGHT TEXAS, A 35.16 ACRE TRACT OF LAND DESCRIBED IN VOLUME RECORDS TA ° -OF -WAY O.S. OPEN SPACE LOT BEXAR COUNTY4TEXAS 11,468 ACREETRRACT OF AND AS ' I 1040 N. Walnut Ave., St- B °PACE MATCH LINE DESCRIBED IN VOLUME 7219 PAGE 745 OF THE OFFICIAL N a w B N r a u n f a s. T X 7 8 1 3 0 0 i/2" IRON PIN SET PUBLIC RECORDS OF BEXAR COUNTY TEXAS, A 6,393 ACRE 19 h ( ,ma -d.com 8 3 0) 3 5 6 - 7 1 2 7 TBPE FIRM F -73357 • IRON PIN FOUND p = ixDOT MONUMENT FOUND TRACT OF LAND AS DESCRIBED IN VOLUME 15119 PAGE 959 OF THE REAL PROPERTY RECORDS OF BEXAR COUNTY, TEXAS PREPARED: May 27, 2016 PAGE 2 OF 2 6Td I WiWan I -•M- TO: Board of Adjustment PREPARED BY: Channary Gould, Planner CASE: BOA2016 -004 CCMA Dietz Creek Lift Station — Fencing Material SUBJECT: Hold a public hearing, consider and act upon a request for a variance to UDC Article 9, Section 21.9.8.B.2.b Prohibited Materials in order to permit barbed wire on an approximately one (1) acre tract of land out of the G. Malpez Survey, Abstract No. 221, City of Schertz, Guadalupe County, Texas, and being generally located on FM 78 approximately 1,650 feet east of the intersection of FM 3009 and FM 78. GENERAL INFORMATION: Owner /Applicant: Cibolo Creek Municipal Authority (CCMA) Engineer: Moeller & Associates, Shane Klar P.E. REQUEST: The property owner is requesting a variance to UDC Article 9, Section 21.9.8.B.2.b Prohibited Materials in order to permit barbed wire atop of chain link fencing at an existing wastewater lift station facility. The request is to construct a new 6 -foot chain link fence with three - strand barb wire on top around the relocated lift station. PUBLIC NOTICE: The public hearing notice was published in "The Daily Commercial Recorder "on June 9, 2016 and in the "Herald" on June 15, 2016. There were three (3) notices mailed to surrounding property owners on June 9, 2016. At the time of this staff report no responses have been received. ITEM SUMMARY: The Dietz Creek Lift Station currently is surrounded by an existing 6 -foot high chain link fencing with three - strand barb wire on top of the fencing. CCMA has plans to improve and relocate the lift station so that it is set back further from FM 78. The improvements being proposed by CCMA involve constructing a new intruder proof security fencing with three - strand barb wire on top to comply with Texas Commission of Environmental Quality's requirement that a lift station be completely enclosed by an intruder resistant fence with a minimum of six (6) feet tall and that a 6 -foot fence must have at least three (3) strands of barbed wire along the top. SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE: The property is located approximately 1,650 feet east of the intersection of FM 3009 and FM 78. Existing Zoning Existing Use General Business (GB) Wastewater Lift Station SURROUNDING ZONINGILAND USE: 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 intent of Section 21.9.8.B.2.b Prohibited Materials is to maintain an aesthetically pleasing appearance that would enhance the community's beautification efforts. The site is proposed to be located further back from FM 78 than the existing lift station and is currently surrounded by undeveloped land. The proposed chain link fencing with barb wire fencing on top would not significantly detract from the aesthetics of the surrounding area. Additionally, the proposed chain link fencing is to comply with Texas Commission of Environmental Quality (TCEQ) requirements. Under §217.328 Wastewater Treatment Facility Access Control, TCEQ requires that a wastewater treatment facility must be completely enclosed by an intruder resistant fence with a minimum of a 6 -foot tall fence and that it must have at least three (3) strands of barbed wire along the top. This TCEQ requirement conflicts with the City's UDC Section 21.9.8.B.2.b, which prohibits barbed wire fencing unless it is for the keeping of livestock. 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; This site is within the 100 -year floodplain. The proposed chain link fencing with barb wire along the top of the fencing would have the least impact on the existing floodplain compared to other fencing material options. The City would typically build an 8 -foot intruder proof masonry fence around City lift stations, however due to the site being within the 100 -year floodplain, constructing a masonry fence around the lift station may create adverse impacts within the floodplain due to the nature of the solid wall and associated footings that would affect water flow during flood events. 3. The hardship is in no way the result of the applicant's own actions; or The hardship is the result of needing to comply with TCEQ's requirement for intruder proof fencing around the wastewater treatment facility, and not the result of the applicant's own actions. 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. iN Existing Zoning Existing Use North Right -of -Way FM 78 South General Business (GB) Undeveloped East General Business (GB) Undeveloped West General Business (GB) Undeveloped 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 intent of Section 21.9.8.B.2.b Prohibited Materials is to maintain an aesthetically pleasing appearance that would enhance the community's beautification efforts. The site is proposed to be located further back from FM 78 than the existing lift station and is currently surrounded by undeveloped land. The proposed chain link fencing with barb wire fencing on top would not significantly detract from the aesthetics of the surrounding area. Additionally, the proposed chain link fencing is to comply with Texas Commission of Environmental Quality (TCEQ) requirements. Under §217.328 Wastewater Treatment Facility Access Control, TCEQ requires that a wastewater treatment facility must be completely enclosed by an intruder resistant fence with a minimum of a 6 -foot tall fence and that it must have at least three (3) strands of barbed wire along the top. This TCEQ requirement conflicts with the City's UDC Section 21.9.8.B.2.b, which prohibits barbed wire fencing unless it is for the keeping of livestock. 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; This site is within the 100 -year floodplain. The proposed chain link fencing with barb wire along the top of the fencing would have the least impact on the existing floodplain compared to other fencing material options. The City would typically build an 8 -foot intruder proof masonry fence around City lift stations, however due to the site being within the 100 -year floodplain, constructing a masonry fence around the lift station may create adverse impacts within the floodplain due to the nature of the solid wall and associated footings that would affect water flow during flood events. 3. The hardship is in no way the result of the applicant's own actions; or The hardship is the result of needing to comply with TCEQ's requirement for intruder proof fencing around the wastewater treatment facility, and not the result of the applicant's own actions. 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. iN STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends approval of BOA 2016 -004. 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 CCMA's Dietz Creek Lift Station Goc),glc earth feet 2000 meters 600 A 200 FM 3009 (153960) once 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: We are requesting a variance to UDC Article 9, Section 21.9.8.B.2.b Prohibited Materials, in order to construct a 6 foot tall chain link fence with 3 strand barbwire along the top of the chain link fence around the Dietz Creek wastewater lift station. 1. 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 X No Explain: Granting this variance request does not violate the intent of the Unified Development Code. Our request to allow barbwire at the top of the fence around the Dietz Creek Lift Station is because of a Texas Commission on Environmental Quality (TCEQ) requirement. This requirement applies to all wastewater treatment facilities to provide for additional security. 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? ❑Yes X No Explain: Part of the Dietz Creels Lift Station where the fence is located is within the 100 year floodplain. A chain link fence has the least impact on the existing Iloodplain and is what we would like to use in order to prevent any adverse impact on the floodplain due to placement of a fence. The City typically uses 8 foot masonry fences around their lift stations, however a masonr-i, fence will impact have a definite negative impact on the floodplain. 3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑Yes X No Explain: The Texas Commission on Environmental Quality (1'CEQ) has a requirement in '\M7.59 Lift Station Site Reguijthienls, that a lift station must be completely enclosed by an intruder resistant fence a minimum of 6 feet tall and that a 6 foot tall fence must have at least 3 strands of barbed wire along the top. 4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? ❑Yes X No Explain: Granting of this variance will not have a detrimental impact on the surrounding property values and would benefit the public welfare by providing additional safety- to the lift station. "rhe Dietz Creek Lift Station fronts onto FN4 78 adjacent to Dietz Creek, the area around the property is undeveloped. additionally the lift station has been placed approximately 200 feet off the roach to help mitigate the visual impacts of the facility. Preparer's Signature: (� Printed Name: C C— , t. 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