PUBLIC NOTICE City of Lockhart Zoning Board of Adjustment 6:30 PM, Monday, April 4, 2022 Municipal Building - Glosserman Room 308 W. San Antonio St.  AMENDED AGENDA  1. Call meeting to order.  2. Citizen comments not related to a public hearing item. 3. Consider the minutes oft the February 7, 2022 meeting.  4. SV-22-01. Hold a PUBLIC HEARING and consider a request by Terry Black for a Variance to Chapter 46 "Signs", Lockhart Code of Ordinances, Sections 46-10(b)(3) and 46-10(h)(4), to reduce the required sign setback from a property line adjacent to a street from 10 feet to 5f feet, and reduce the required off-premises sign separation distance from a church building from 2,500 feet to approximately 358 feet, on property consisting of 0.414 acre in the Esther Berry Survey, Abstract No. 1, zoned CHB (Commercial Heavy Business District) and located at  2230 South Colorado Street (US 183). 5. Discuss the date and agenda oft the next meeting.  6. Adjourn.  Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street,  Lockhart, Texas at 12:00 p.m. on the 30th day of March, 2022.    CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT FEBRUARY: 7,2022  MINUTES  Members Present: Wayne Reeder, Mike Annas, Anne Clark, Severo Castillo, Shawn Martinez, Laura  Cline, Kirk. Smith  Member Absent: Lori Rangel  Staff Present:  Christine Banda, Kevin Waller  Others Present: Brad Schwab (Applicant, Agenda Item 5)  1. Callr meeting to order. Chair Cline called the meeting to order at 6:30p.m.  2. Election of Officers for calendar year 2022.  Member Annas moved to elect Laura Cline as Chair. Member Clark moved to elect Mike Annas as  Vice-Chair. Member. Annas. seconded, and the motion passed with a vote of7-0.  3. Citizens comments not related to ap public hearing item. None 4. Consider the minuteso oft the December 6, 2021, meeting.  Member Clark moved to approve the December 6, 2021, minutes. Member Reeder seconded, and 5. SE-22-01. Hold a PUBLIC HEARING and consider a request by Brad Schwab, CHG, LLC, on behalf of Lockhart Blvd. Project, LLC, for a Special Exception as providedi in Section 64-130lc/(4)a), Chapter 64' - Zoning", Lockhart Code of Ordinances, to reduce the minimum off-street parkingr requirement by 33% for a Senior Housing Development on Lot 2, Block 1, Lockhart Gateway Addition, consisting of7.5acreszoned. RHD (Residential High Density District)a and located in the 2200 block of West San Planning Staff Kevin Waller presented! Staff'sr report. He explained that the proposed Legacy Senior Residences would be an age-restricted community, consisting of1 160 apartment units with both one- and two-bedroom layouts. The normal off-street parking requirement for 160 multifamily units would be two spaces per dwelling unit, plus one space for every four units, for a total of 360 parking spaces. Combined with the 15 required ADA parking spaces, this would bring the total required spaces to 375. Mr. Waller stated that the requested Special Exception would reduce this requirement by a maximum of 33% for housing specifically designed and intended for use by the elderly, disabled, or other occupants typically having al lower expectation of automobile ownership and use (Zoning Ordinance Section 64-130(c)(4)a). The applicant currently proposes 266 regular  the motion passed by a vote of 7-0.  Antonio Street (SH142).  Zoning Board of Adjustment 02-07-2022    parking spaces, representing a 22% reduction from the required number of spaces, and 16 ADA spaces. However, the applicant would like the ability to potentially reduce the number of proposed spaces further, to a maximum 33% reduction, in the event that the proposed detention pond increases in size and/or additional access points into the development are secured. Waller explained that since the proposed 7.5-acre site for the senior housing facility is part of a larger, 20.5-acre lot, approval of a separate subdivision plat will be required, prior to development. The applicant has also submitted a Specific Use Permit application for the MF-2 development type (21.3 units per acre), which will be considered by the Planning and Zoning Commission at its February 9, 2022 meeting. Mr. Waller concluded by stating that Staffrecommends approval ofthe Discussion ensued amongst the Commission, including the potential need for additional ADA  Special Exception.  parking spaces fora a senior housing facility.  Chair Cline opened the public hearing and asked the applicant to come forward.  Applicant Brad Schwab with Cornerstone Associates, 209 S. 19th St., Suite 100, Omaha, NE, stated that they would not provide less than the required number of ADA parking spaces, and that their facilities usually exceed the required number of spaces. The number of provided handicapped spaçes can be increased, depending upon residents' needs. Mr. Schwab stated that if the Board wantst to hold them toi the 22%reduction currently shown on the site plan, instead ofthe maximum Chair Cline asked for any other speakers; seeing and hearing from none, she closed the public Member Clark moved to approve SE-22-01 to allow a reduction in the required number of parking spaces to no fewer than. 266 regular spaces and noj fewer than 16 handicapped: spaces, as shown on the site plan, representing a 22% reduction instead of the requested 33%. Member Reeder  33% reduction requested, then they are agreeable to that. hearing, and asked for a motion from the Board.  seconded, and the motion passed by a vote of 7-0. 6. Discuss the date and agenda oft the next meeting.  Mr. Waller stated that ther next regularly scheduled meeting would be! held Monday, March7,2022,  ifapplications are received by the February 14th deadline.  7. Adiourn.  Vice-Chair Annas moved to adjourn the meeting, and Chair Cline seconded. The motion passed by  a vote of 7-0, and the meeting adjourned at 6:56, p.m.  Approved:  (Date)  Christine Banda, Recording Secretary  Laura Cline, Chair  Zoning Board of Adjustment 02-07-2022    2201  2201  AO  2201  2112  CHB  2220  IH  2230  2301  CHB 2300  RMD  2309  305 301 303 237) VE 233 235 (2400 2402 227 gapai 2401) 2406 225 2403 24081 221 2407 2407 219 2401 2406 2409 217 2411 215/ 2402 2403, 2405 2413) 213 214 2404 211 212 209 210 207 205 0 & 203/  CMB  2313  CHB 2330  223 % 2408 2405 241  AO  CMB  2400  SV-22-01  SUBJECT PROPERTY ZONING BOUNDARY  2230SCOLORADO ST (US 183)  TO WAIVE THE REQUIREMENT OF A10 FT SETBACK FROM ANY PROPERTY LINE ADJACENT TO A STREET AND TO BE WITHIN 2500 FEET OF A CHURCH  -  Wml CITY LIMITS  scale 1"=3 300'    PLANNING DEPARTMENT REPORT  SIGN VARIANCE  CASE SUMMARY STAFF CONTACT: REPORT DATE: PUBLICI HEARING DATE: April4, 2022 APPLICANT'S REQUEST:  Kevin Waller, Assistant City Planner Kw CASE NUMBER: SV-22-01  March 28, 2022  Variances to Sign Ordinance Sections 46-10(b)(3) and 46-10(h)(4) of Chapter 46 to allow a reduction in the minimum required sign setback adjacent to a street from 10 feet to 5 feet, and to reduce the required off-premises sign separation distance from a church building from  2,500 feet to approximately 358 feet, respectively. Denial of the Variance Request from Section 46-10(b)(3)  STAFF RECOMMENDATION: Approval of the Variance Request from Section 46-10(h)(4)  SUGGESTED CONDITIONS: None BACKGROUND DATA SITE LOCATION: LEGAL DESCRIPTION: SIZE OF PROPERTY:  APPLICANT AND OWNER: Terry Black  2230 South Colorado Street  Esther Berry Survey, Abstract No. 1 (metes and bounds)  0.414 acre  EXISTING USE OF PROPERTY: Commercial (tire shop)  ZONING CLASSIFIÇATION: CHB (Commercial Heavy Business District)  ANALYSIS OF ISSUES  REASON FOR REQUESTED VARIANCE: The applicant proposes to place an off-premises sign on the property currently occupied by Rodriguez Tire Shop, which would replace a previous off-premises sign in the same location. The previous sign, according to the applicant, was either removed or destroyed by an unknown person or persons in May 2021. The applicant states that this sign was 240 square feet in area and over 20 feet tall. Due to the length of time that has elapsed since the previous sign's removal, the original grandfathered status has been lost, and the proposed sign must either' meet the City's current standards or receive approval of a variance in order to be reconstructed. Sign Ordinance Section 46-10(b)(3) requires that high-profile, freestanding signs be set back at least ten feet from any property line adjacent to a street. According to the site plan, the sign will be placed five feet from the front property line adjacent to South Colorado Street. Section 46-10(h)(4) establishes, in part, that no off-premises sign shall be allowed within 2,500 feet of a church building. The sign will be placed approximately 358 feet from the Abundant Church across South Colorado Street to the southwest, according to measurements taken from aerial imagery. It should be noted that the church building did not exist when the original off-premises sign was constructed. The applicant proposes to decrease the area of the new: sign by 40: square feet from the previous sign to a total area of 200 square feet, in order to comply with the sign area standards of Section 46-11(b). In addition, since the sign is considered a "High-Profile" sign as that term is defined in Section 46-10(b)(3) within the CHB zoning district, a Specific Usel Permit (SUP) must be approved by the Planning and Zoning Commission. The SUP will be considered by the Commission in a Public  Hearing on April 13, 2022.    AREA CHARACTERISTICS: The subject property is located in an area of flat terrain along South Colorado Street (U.S. Hwy. 183), transitioning from a commercial corridor to a more sparsely developed area, with the exception of Summerside Subdivision to the south. The nearest off-premises sign is located approximately 1.2 miles to the north, just north of the Bufkin Lane intersection. No off-premises signs are located to the south of the subject property either within the UNIQUE CONDITIONS OF PROPERTY: There is nothing particularly unique about the subject property in terms of measurable physical characteristics that would preclude placement of the sign within the required 10-foot setback adjacent to South Colorado Street. However, there is no location on the property that would meet the required 2,500-foot setback from the church building across the street NATURE OF HARDSHIP: Although approval of the variance would result in financial gain for the applicant through advertising, it would not be considered increased financial gain, since a sign had been in place at this location for many years until last year. No hardships, financial or otherwise, are EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: With Staff's recommendation that the sign be placed at least ten feet from the front property line adjacent to South Colorado Street, consistent with the Sign Ordinance, and because of the smaller size of the new sign, adverse impacts COMPLIANCE WITH VARIANCE CRITERIA: In order to approve a variance, the Board must find that the request meets all six of the criteria outlined in Section 64-129(a) of the Zoning Ordinance. The applicant submitted the attached written explanation as evidence in support of the variance. Staff believes that the variance request from Section 46-10(h)(4) (separation distance from a church building) warrants approval if the Board determines that all six variance criteria are met. However, there doesn't seem to be any reason that the proposed sign cannot be moved back an additional five feet from the front property line adjacent to South Colorado Street to comply with Sign Ordinance ALTERNATIVE SOLUTIONS: An alternative solution, as recommended by Staff, would be to locate the sign such that it meets the 10-foot setback requirement from a street, which would avoid the need for a variance from Section 46-10(b)(3). A variance would still be required from the 2,500-foot church setback (Section 46-10(h)(4), since no location on the property can meet this standard. PRECEDENT: Approval of a variance to the separation distance requirement from a church building would not set an undesirable precedent, since there is no location on the property that could comply with the 2,500-foot standard, thereby creating a unique circumstance on the property. However, a precedent may be set with respect to the requested five-foot setback from the property line along South Colorado Street, which could encourage other applications for similar sign setback variance RESPONSE TO NOTIFICATION: Staff received a telephone call from a neighboring property owner on March 24, 2022, who expressed that he was neither opposed, nori in favor of, the proposed sign, and  City limits or the City's Extraterritorial Jurisdiction (ETJ).  and to the: southwest.  associated with this request.  on surrounding property and public safety will be reasonably minimized.  Section 46-10(b)(3).  requests in thei future.  was simplyi inquiring as to its location.    - < e W  Printed by CaldwellCounty. Appraisal District  natn nrintad  *7 nnan    N  32814 31003 3281 32812 32810 31004 1199  Ja  E  W  5  33620  LOCKIAAT aUCTION  FUNeRL Homg 17189  17190  SI6N LOCAYIAN 250 50. CoLOPAPD ET..  1  11  37268  183  61184..  61183  LOCKHART notoR Co 94837 (FED)  415 41568 41569, 41570 41571/ 41 41572 14 415735 .415 415740 415 415752 41551 41576 415775 41549  33641  41865  Gsn         20'-0"  30 Overall height Mesh callle panels Tobec covered withg printod vinyl bilboard wrap. 443/16'STEEL ANGLEPERIMETER: FRAME 3X373/16STEEL: ANGLEVERTICALI FRAME BRAÇES  10'-0"  400w Motal Halide Ligh:  20-0"  10'-10" TS4X3/16" STEELS SQ.: H-8RACING  12.75"D Dia. - 375" Steel SupportPipes (3)  Grade  BILLBOARD ELEVATION  SCALE: 3/16"=1-0"    Sean M. McFarland, PE 19526 Kuykendahl Spring, TX77379 STRUCTURAL SIGN DEBIEN & ENGINEERING SERVICES Ph: (281)813-7439 Fax: (281) 528-6024 Email: sean@mcharland.com Web: wwwSMeFatland.com  Job: TERRY BLACK'SB8Q Cusiomer: SIGNCRAFTERS 10b#:09-15213 Ciy/Slale: LOCKHART,T TX 2230 50. Address: 80304. COLORADOST. Payd carelula attention loallle lext boxes wihl lghtg greys shaded. backgrounds. These text bokes conlaini importanle ergineering information. Revisions:  20-0-  FUBE 300  TS4"X3/16" STEEL SQ. TUBE BRAÇING  FINAL GRADE  EI E  HE E UNDISTURBED SOIL  Theeledionics seda peamgoalnsdoumeNw was PAXAUBAURaUAA2E B  MAR 95 2009  6'OF CONCRETE OR CRUSHED CINDERI BLOCKS PLACED INE BOTTOM OF FOUNDATIONI PRIOR TO MAINF POUR  oI  3-0"  88579 LICENSED 3 Ceplo/30/9009 Date: 3-25-2009 Sheel#: 3oF3  2500 PSI CONCRETE (MIN.) TYPICAL OF THREE PIERS    TERRY BLACK'S BARBECUE, LLC  208 North Main Street Lockhart, Texas 78644-2122 (512) 398-9300 / (512).398-6000 (Fax) Email : Dlack5Z5@sbeglobal.net  February 24, 2022  ATTACHMENT Sign Variance Application Submittal Requirements  RE: 2230 So Colorado Sign  The Applicant and Owner are the same. Terry Black owns thel LLC. Legal Description is attached. Labeled Exhibit "A"  The old sign was removed / destroyed by a previous tenant. This was an unauthorized removal action that is currently at the Caldwell County Criminal District Attorney's office under review for possible criminal action. The two variances requested previously  existed with the old sign. It was a grandfathered" sign.  The variances will not increase financial gain or reduce financiall hardship. They will allow me to maintain the status quo since these two variances previously existed with the old sign. In fact, Ia am decreasing the sign face by 40 square feet to be in compliance with  Chapter 46 - Signs. (From 240 SF to 200SF)  Considering the fact that the requested variances previously existed for over forty (40) years, the variances have not and will not adversely affect the public health/safety of any person and will not interfere in any manner with the proper use of adjoining property nor will they alter the character oft the zoning district. They are inl harmony with the intent  and purpose oft the sign regulation.  Thank you for your time, service and serious consideration ofi my variance request.  Please call me ify you have any questions.  Sincerely, E Bouk    SIGN VARIANCE APPLICATION  CITY OF  /512/398-3461 . FAX/512/398-3833 P.O. Box239 . Lockhart, Texas 78644  Lockhart  308 WestSanAntonio Street  TEXAS  APPLICANTIOWNER  X  APPLICANT NAME Terry Black's BarbeçuE ADDRESS 208 N. Main St.  DAY-TIME TELEPHONE 512-398-9300 E-MAIL Dacks25@sbegobalnet OWNER NAME Terry Black DAY-TIME TELEPHONE same E-MAIL same LOCKHART, LLC PROPERTY  P.O. Box 990 Lockhart, TX 78644  ADDRESS, same  ADDRESS OR GENERAL LOCATION 2230 So. Colorado Street  Xvmplatia N/A -  LEGAL DESCRIPTION (IF PLATTED)  Este Serel SyAbh  SIZE .41  ACRE(S)  ZONING CLASSIFICATION CHB  EXISTING USE OF LAND AND/OR BUILDING(S) Billboard location and tire shop  REQUESTED SIGN VARIANCE  VARIANCE TO SECTION(S) 46-10(b)(3) and 46-10(h)(4)  OF THE SIGN REGULATIONS  CURRENT ORDINANCE REQUIREMENT/S) 10 foot set back from ROW and a church is less than 2,500 feet from the sign across Highway 183  to the southwest.  REQUESTED VARIANCE(S) 5 foot set back from the ROW. This was the location of the old sign and meets TXDOT requirements. Regarding the church, TXDOT has no church distance requirement and the old sign was in place  many years before the church was built across Highway 183.    SUBMITTAL REQUIREMENTS  IF THE APPLICANT IS NOT THE OWNER, A LETTER SIGNED AND DATED BY THE OWNER CERTIFYING THEIR OWNERSHIP OF THE PROPERTY AND AUTHORIZING THE APPLICANT TO REPRESENT THE PERSON, ORGANIZATION, OR BUSINESS THAT OWNS THE PROPERTY. IF NOT PLATTED, A METES AND BOUNDS LEGAL DESCRIPTION OF THE PROPERTY.  A WRITTEN STATEMENT DOCUMENTING THE REASON FOR THE VARIANCE(S), INCLUDING EVIDENCE THAT THE REQUEST COMPLIES WITH THE FOLLOWING CRITERIA AS REQUIRED FOR  APPROVAL OF A VARIANCE.  1. A unique physical condition exists within or adjacent to the subject tract or structure(s) located thereon which distinguishes it from others similarly situated, and which creates an exceptional hardship, difficulty, or inequity that would result from literal enforcement of the ordinance; 2. The condition or characteristic noted above is not caused by an action of the property owner, 3. The variance is the minimum amount necessary to allow a reasonable use of the property; 4. The sole reason for the variance is not a desire of the owner, occupant, or applicant for 5. The variance will not adversely affect the general public health or safety, or persons residing or working in the vicinity of the proposed sign, and will not substantially or permanently interfere with the appropriate use of adjacent conforming property in the same district; and, 6. The variance will not alter the essential character of the zoning district within which the subject property is located, and is in harmony with the intent and purposes of the sign regulations. DRAWING, SUBMITTED ON PAPER NO LARGER THAN 11"X 17", SHOWING: 1) Scale and north arrow; 2) Location of site with respect to streets and adjacent properties; 3) Property lines and dimensions; 4) Location and dimensions of buildings, parking areas, and signs; 5) location and dimensions of the face and structure of the proposed sign; and, 6) any other information applicable to the requested variance.  occupant, or applicant;  increased financial gain or reduced financial hardship;  150.00  APPLICATION FEE OF $ 1/4 acre or less Between 1/4 acre and one acre One acre or greater  PAYABLE TO THE CITY OF LOCKHART AS FOLLOWS:  $125 $150  $170 plus $20.00 per each acre over one acre  TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND CORRECT, AND IT IS UNDERSTOOD THAT I OR ANOTHER REPRESENTATIVE SHOULD BE PRESENT AT ALL PUBLIC MEETINGS CONCERNINGTHIS APPLICATION.  SIGNATURE  DATE  9y W. Back  sfHhasa    OFFICE USE ONLY  ACCEPTED BY Kevin Waler DATE SUBMITTED, 3/15/7-7 DATE NOTICES MAILED 3.21-22  RECEIPT NUMBER ROIY318 CASE NUMBER SV- 27-01  DATE NOTICE PUBLISHED 3-24-22  BOARD OF ADJUSTMENT MEETING DATE A/4/7  DECISION CONDITIONS