January 22, Contact Chance Sparks, AICP, CNUa, Director of Planning

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3 Zoning Board of Adjustments Agenda Item Report January 22, 2015 Agenda Item F1 Contact Chance Sparks, AICP, CNUa, Director of Planning SUBJECT: HOLD A PUBLIC HEARING IN REGARD TO A REQUEST FOR A SPECIAL EXCEPTION TO THE CITY OF BUDA UNIFIED DEVELOPMENT CODE TABLE 5-1 LOT STANDARDS TO ALLOW THE MAXIMUM IMPERVIOUS COVER AND MAXIMUM LOT COVERAGE FOR A LOT WITHIN A HIGH DENSITY RESIDENTIAL ZONING DISTRICT TO EXCEED THE REGULATORY AMOUNTS OF FIFTY PERCENT (50%) OF THE LOT AREA, BEING LOT 5, BLOCK B, STONERIDGE SECTION 1, LOCATED AT 1851 STONE RIM LOOP. 1. BACKGROUND/HISTORY This is the public hearing for a special exception request to allow the Lot at 1851 Stone Rim Loop to exceed the maximum impervious cover and maximum lot cover allowed. The request is to allow the impervious cover and maximum lot cover to be fifty two percent (52%) of the Lot Area, in excess of the fifty percent (50%) maximum required by the City of Buda Unified Development Code. This public hearing is being held in accordance with applicable state and local laws as they apply to public hearings. The required notifications have been completed in advance of this public hearing, including a sign posted on the subject premises, a notice published in the Hays Free Press, and letters mailed to adjacent property owners. The Board is required to open the public hearing, receive written and oral comments from the public regarding the proposal, and then close the public hearing. Comments received are considered part of the written record. No action shall be taken at this time, but may be taken under the associated regular agenda item for this special exception request Regular Agenda Item H1.

4 City of Buda Zoning Board of Adjustment Regular Meeting Minutes July 17, 2014 A. CALL TO ORDER Chairman Gunn called the meeting to order at 7:00 p.m. B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND TEXAS PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG: Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. D. ROLL CALL Board Member Tom Dahlstrom Board Member Diane Falcon Chairman Benita Gunn Vice-Chairman Beth Martinez Board Member John Jackson Present Present Present Present Present E. PUBLIC COMMENTS At this time, comments will be taken from the audience on nonagenda related topics, for a length of time not to exceed three minutes per person. To address the Zoning Board of Adjustments, please submit a Citizen s Comment Form to the City Liaison prior to the start of the meeting. No action may be taken by the Zoning Board of Adjustments during Public Comments No public comments were made. F. PUBLIC HEARINGS 1. Hold a public hearing in regard to a request for a variance to the City of Buda Unified Development Code Section 4.9(12)(d), Day Care Center Conditional Uses, to allow a Day Care Center to be established within two hundred (200) feet of a residential zoning district for the property located at 835 Main Street, Buda, Texas 78610, being approximately 1.67 acres out of the S.V.R. Eggleston Survey Abstract No. 5. Chairman Gunn opened the public hearing at 7:05 p.m. No comments were made. Chairman Gunn closed the public hearing at 7:07 p.m. G. CONSENT AGENDA All matters listed under this item are considered to be routine by the Zoning Board of Adjustments and Appeals and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1. Approval of the Zoning Board of Adjustment meeting minutes, dated May 22, Board Member Jackson made a motion to approve this item. A second was made by Vice- Chairman Martinez. The motion was approved by a unanimous vote.

5 H. REGULAR AGENDA ITEMS 1. Deliberation and possible action in regard to a request for a variance to the City of Buda Unified Development Code Section 4.9(12)(d), Day Care Center Conditional Uses, to allow a Day Care Center to be established within two hundred (200) feet of a residential zoning district for the property located at 835 Main Street, Buda, Texas 78610, being approximately 1.67 acres out of the S.V.R. Eggleston Survey Abstract No. 5. Board Member Jackson made a motion to approve this item. Board Member Falcon made a second to the motion. The motion was approved by a unanimous vote. I. BOARD REQUESTS FOR FUTURE AGENDA ITEMS No deliberation or discussion may take place by the Board during this agenda item. The Board did not make any requests for future agenda items. J. STAFF REPORTS The Zoning Board of Adjustment may discuss any of the items under Staff Reports, but no formal action will be taken. 1. Update regarding projects in the City of Buda and its Extraterritorial Jurisdiction as they may relate to the Zoning Board of Adjustment. No staff reports were made. K. ADJOURNMENT Having no further business to consider, Chairman Gunn adjourned the meeting at 7:35 p.m. ATTEST: Recording Secretary

6 Zoning Board of Adjustments Agenda Item Report January 22, 2015 Agenda Item H1 Contact Chance Sparks, AICP, CNUa, Director of Planning SUBJECT: DELIBERATION AND POSSIBLE ACTION IN REGARD TO A REQUEST FOR A SPECIAL EXCEPTION TO THE CITY OF BUDA UNIFIED DEVELOPMENT CODE TABLE 5-1 LOT STANDARDS TO ALLOW THE MAXIMUM IMPERVIOUS COVER AND MAXIMUM LOT COVERAGE FOR A LOT WITHIN A HIGH DENSITY RESIDENTIAL ZONING DISTRICT TO EXCEED THE REGULATORY AMOUNTS OF FIFTY PERCENT (50%) OF THE LOT AREA, BEING LOT 5, BLOCK B, STONERIDGE SECTION 1, LOCATED AT 1851 STONE RIM LOOP. 1. BACKGROUND/HISTORY This is the regular agenda item for a special exception request to allow a property in the High Density Residential (HR) zoning district to exceed the 50% maximum lot area and impervious cover for 1851 Stone Rim Loop. The purpose is to facilitate completion of a swimming pool begun without appropriate permits. The applicant is requesting a maximum lot coverage/impervious cover of 52.92%. This subject property is located along Stone Rim Loop immediately behind Stone Ridge Park. 2. FINDINGS/CURRENT ACTIVITY Special exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1. Compatible with surrounding land uses. 2. Harmonious with the public interest. 3. Consistent with the purposes of this Code. The Unified Development Code sets forth the criteria by which a special exception is assessed. To approve an application for a special exception, the Board of Adjustment must determine that the following criteria are met: That granting the special exception serves an obvious and necessary purpose. That granting the special exception will ensure an equal or better level of land use compatibility than the otherwise applicable standards. That granting the special exception will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening,

7 setbacks or other land use considerations. That granting the special exception will not adversely affect adjoining property values in any material way. That granting the special exception will be generally consistent with the purposes and intent of this Code The obligation is on the applicant to demonstrate that his/her circumstances justify the special exception not on staff to demonstrate that they do not. Staff s role is to provide clarity to justifications provided by the applicant and knowledge of the applicable codes. Prior to examining the facts of the case, it is important for the Board to understand the circumstances that led to the need for this Special Exception request. The property owner, Sammy Powell, made an inquiry regarding the need for a swimming pool permit. In the attached , you will see correspondence from Nikki Dykes, our Permit Coordinator, from July 31, 2014 in which she clearly indicates that the swimming pool proposed would require a permit, but that the configuration proposed exceeds the maximum impervious cover. Mr. Powell acknowledged receipt of this , indicating an intention to relocate. Despite this knowledge, Mr. Powell knowingly proceeded to hire a pool contractor and begin construction of the pool without a permit. The pool was partially constructed when public works staff noticed unusual activity. A red tag (stop work order) was issued due to the lack of a permit, and citations issued. A permit was subsequently applied for, but denied pending successful acquisition of a special exception. Impervious cover regulations are very important, as they serve as the basis on which storm water and water quality detention facilities for the neighborhood are designed. Attached with this report is the applicant s written request and supporting documentation. Staff has provided analysis of this request based on the following special exception criteria: That granting the special exception serves an obvious and necessary purpose. The applicant s justification centers on the exception being necessary to complete the pool a pool that was knowingly begun without a permit and in violation of lot coverage/impervious cover restrictions. Essentially, this is a request for forgiveness, with the purpose being to circumvent regulations that were knowingly violated. The applicant also indicates that Mr. Powell intends to use this swimming pool to assist mentally-handicapped individuals. While this is certainly a noble cause, the applicant s intent is not relevant to the appropriateness of the special exception request. The applicant can return the land to good use by removing the pool. That granting the special exception will ensure an equal or better level of land use compatibility than the otherwise applicable standards. The applicant s first justification does not appear relevant. Increased impervious cover is typically tied to worsening of storm water-related impacts. By increasing the impervious cover, even on a single lot, liability and risk are introduced to the city due to the fact that the stormwater management facilities were designed with 50% impervious cover in mind. The increase

8 introduces the potential for increased downstream storm water impacts in violation of local, state and Federal laws. The applicant then goes on to indicate that the Interstate Zone would allow higher impervious cover. This is not factually accurate, as this is a reference to the Interstate Overlay District and does not alter the impervious cover. The property north, beyond the park & stormwater management lots, is zoned C3/R3 and carries higher impervious cover allowances. However, development of C3/R3 property requires stormwater management facilities be designed with that maximum impervious cover in mind Stone Ridge Subdivision was developed under a 50% assumption. The applicant is attempting to apply a commercial zone impervious cover to a residentially zoned property. The applicant then states additional factual inaccuracies. In particular, by virtue of building the pool vegetative cover is reduced. Urban heat island effects are also not a significant issue. Also, the pool is impervious cover by definition that means that soil that, prior to the pool installation, was capable of absorbing rainwater is now covered. That granting the special exception will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks or other land use considerations. Other homes in the subdivision have installed pools, but did so in conformance to lot coverage & impervious cover standards and with appropriate permits. Staff does not argue with the compatibility of pools overall simply with pools that cause properties to exceed regulations that others are expected to abide by. There is nothing materially special about this property that warrants the exception. Perhaps most troubling is that the applicant attempts to justify the special exception causing no change in character on the basis that it was constructed without a permit and has shown no negative impact. That granting the special exception will not adversely affect adjoining property values in any material way. The applicant presents evidence that pools positively affect property values or at least have no negative impact, and provides letters of support. While this may be correct, it misses the purpose of the special exception it is not to justify a pool, but instead to justify the increase in lot coverage & impervious cover that just happens to be for a pool. For this, we return to the role impervious cover plays in designing stormwater management facilities for neighborhoods. Stone Ridge s stormwater facilities were designed using the 50% lot coverage/impervious cover standards. An impervious cover increase on even one lot can result in an increase in stormwater runoff negatively affecting downstream property owners. In particular, the Stone Ridge facilities discharge into a drainage channel that already experiences flooding issues for the neighborhood on Claudia Drive to the north, such that drainage improvements were included in the City s recently approved drainage bond. That granting the special exception will be generally consistent with the purposes and intent of this Code

9 While a 2.92% increase in impervious cover certainly does not qualify as intense, it is not without impact. It carries significant implications for the design & capacity of stormwater management facilities. And once again, the Interstate Overlay Zone does not carry different impervious cover allowances; the applicant is incorrectly conflating the Interstate Overlay Zone with C3/R3 base zoning. Granting this special exception introduces a dangerous political precedent of circumventing the permit process & utilizing a special exception to avoid regulations, and introduces potential liability to the city for downstream impacts. 3. FINANCIAL IMPACT N/A 4. ACTION OPTIONS/RECOMMENDATION Based on the information provided by the applicant as well as staff s knowledge of the Unified Development Code and related Federal, State and local regulations, staff cannot recommend approval of the special exception request. 5. ENCLOSURES 1. Location Map 2. Photos 3. Refenced from Nikki Dykes to Sammy Powell 4. Applicant s written justification and supporting documentation

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