PUBLIC NOTICE City of Lockhart Zoning Board of Adjustment 6:30 PM, Monday, February 5, 2024 Municipal Building - Glosserman Room 308 W. San Antonio St. AGENDA 1. Callm meeting to order. 2. Election of Officers for 2024. 3. Citizen comments not related to a public hearing item. 4. Consider the minutes of the December 4, 2023 meeting. 5. ZV-23-06. Hold a PUBLIC HEARING and consider a request by Khalil Coltrain on behalf of Lower Colorado River Authority for a Variance to Section 64-202(1), Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a freestanding communications tower encroaching upon the height limits of Lockhart Municipal Airport hazard zones as adopted December 18, 1991, on 20.2 acres in the James George League, Abstract No. 9, zoned PI (Public and Institutional) and located at 1208 Reed 6. ZV-24-02. Hold a PUBLIC HEARING and consider a request by Elizabeth Pirnat for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required side-yard building setback from 15 feet to 6.5 feet, on Lot 1, Block 2, South Heights, and the West % of an abandoned alley, consisting of 0.181 acres, zoned RMD (Residential Drive. Medium Density), and located at 1002 South Main Street. 7. Discuss the date and agenda of the next meeting. 8. Adjourn. Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas at 9:00 a.m. on the 29th day of. January, 2024. CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT DECEMBER 4, 2023 MINUTES Members Present: Laura Cline, Wayne Reeder, Mike Annas, Lori Rangel, Shawn Martinez, Lucy Knight, Marcia Proctor Members Absent: None Staff Present: Kevin Waller, Christine Banda, David Fowler, Evan Olszewski Others Present: Donna Sauve (applicant, Agenda Item 4), Adam Sauve 1. Callr meeting to order. Chair Cline called the meeting to order at 6:30p.m. 2. Citizen comments not related to a public hearingi item. None 3. Consider the minutes of the November 6, 2023, meeting. Member Knight moved to approve the November 6, 2023, minutes. Member Annas seconded, and 4. ZV-23-05. Hold a PUBLIC HEARING and consider a request by Andrew and Donna Sauve for a Variance to Appendix 1,C Chapter 64 Zoning'.Lockhart Code of Ordinances, to allow a reduction in ther minimum required rear-yard building setback from 10 feet to 6.5 feet,on Lot 17, Block 4, Rolling Greens Estates, consisting of 0.22 acre, zoned RMD (Residential Medium Density), and located at the motion passed by a vote of 6-0. 824 Ross Circle. Member Proctor arrived at 6:33 p.m. Planning Staff Kevin Waller presented his staff report. He explained that the applicant built a storage building without a building permit and it was reported back to Staff. The building has also been determined to be encroaching into the required 10-foot rear-yard building setback. The applicant is requesting that the building remain at its current setback of 6.5 feet from the rear property line instead of the required 10 feet. It should be noted that moving the building further from the rear property line would result in an encroachment into the five-foot fire code building setback from the single-family residence. Mr. Waller explained that there are several neighboring properties where storage buildings encroach into the rear-yard building. setback. He stated that Chair Cline opened the public hearing for those wanting to speak ini favor of the variance. Staff recommends approval. Zoning Board of Adjustment 12-04-2023 Craig Wallace of 822 Ross Circle stated that he was in favor oft the storage building's location, since there are already existing storage buildings in the neighborhood encroaching the rear-yard setbacks. Melissa Hyatt of 826 Ross Circle stated that she was in favor oft the variance. Applicant Donna Sauve came forward with her son, Adam Sauve, to discuss the variance request. They apologized for not pulling a building permit and for the building's encroachment. They used the survey to build away from the 5-foot easement in the rear yard, and elevated the storage building to allow for drainage. The building is for Mrs. Sauve'sretired husband and his hobbies. Mrs. Sauve and her son indicated that a building permit would be obtained after the variance process. Chair Cline closed the public hearing. Member Knight moved to approve ZV-23-05. Member. Annas seconded, and the motion passed by avote of 7-0. 5. Discuss the date and agenda of the next meeting. deadline for applications is December 18, 2023. Mr. Waller stated that the next regularly scheduled meeting would bel held on. January 8, 2024. The 6. Adjournment, Vice-Chair Rangel moved to adjourn the meeting, and Member Reeder seconded. The motion passed unanimously (7-0), and the meeting adjourned at 6:56 p.m. Approved: (Date) Christine Banda, Recording Secretary Laura Cline, Chair Zoning Board of Adjustment 12-04-2023 1530 1535 AO 1542 1541 1546 1545 1548 RLD RMD AO 1204 RHD 1000 1100 1205 IL 1208 tower CHB 1507 IL CMB 1521 1516 RMD 1515 1517 1519 1505 1509 1508 1501 AO 1409 CHB 1355 1325 BLACKJACKST 1320 1201 IH 324 1300 IL RLD Rlala 1520 AO ZV-23-06 1208 REED DR SUBJECT PROPERTY ZONING BOUNDARY CITY LIMITS TO ALLOW A REESTANDING COMMUNICATIONS TOWER ENCROACH UPON HEIGHT LIMITS OF LOCKHART MUNICIPAL AIRPORT scale 1"= 400' a REDDR EASTAIEIE TCSTNO VAIDEZST TORRES PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Evan Olszewski, Planner REPORT DATE: January 25, 2024 PUBLIC HEARING DATE: February 5, 2024 CASE NUMBER: ZV-23-06 APPLICANT'S REQUEST: Variance to Section 202(1) of Chapter 64 to allow a freestanding STAFF RECOMMENDATION: Approval with conditions, or deferral to. Joint Airport Zoning Board communication tower encroaching upon the height limits of the Lockhart Municipal Airport Hazard Zones as adopted December 18, 1991. CONDITIONS: BACKGROUND DATA None APPLICANT AND OWNER: Lower Colorado River Authority /C Caldwell County SITE LOCATION: 1208 Reed Drive LEGALI DESCRIPTION: James George League, Abstract No. 9 SIZE OF PROPERTY: 20.2 acres EXISTING USE OF PROPERTY: Sheriff's Office ZONING CLASSIFICATION: PIP Public and Institutional District ANALYSIS OF ISSUES REASON FOR REQUESTED VARIANCE: The applicant requests relief from Section 64-202(1), which requires that wireless communication structures conform to the height limits established in the Lockhart-Caldwel. County Joint Airport Zoning Board Ordinance 91-01. The applicant proposes a 190- foot communications and emergency warning system tower on the Caldwell County Sheriff's Office property. Ordinance 91-01 establishes height limits based upon Federal Aviation Administration standards. The Property lies within an area designated as the "Horizontal Zone", which has a permitted maximum height of 150 feet above the airport ground level or 681 feet above mean sea level. The elevation of the tower site is 522 feet above sea level. This means the maximum allowable tower height is 159 feet. The proposed height of 190 feet extends 31 feet above that maximum permitted height for the location. The 190-foot tower can be permitted if a height variance is The applicant has provided the required FAA letter determining that the proposed tower does not pose a threat to the safe function of the airport, however, the tower structure is also subject to local regulations and review. The applicant states that the proposed tower cannot be reduced in height because the emergency warning systems intended for the tower rely on its height for effective radio coverage in the surrounding area. The applicant has stated that the proposed tower is designed at the minimum required height to provide adequate emergency radio coverage. A copy of the site plan showing the location, design, and characteristics of the proposed tower is included with the agenda AREA CHARACTERISTICS: The subject property is located within an area zoned PI Public and Institutional district. An LI Light Industrial district area abuts the property to the West and an area zoned CHB Commercial Heavy Business district abuts the property to the East. The IH Industrial Heavy district south of Blackjack Road lies to the South, and to the North is al large area designated approved. packet materials. AO Agricultural-Open Space. According to the site plan submitted by the applicant, the proposed tower will bei installed in the center of the property. The tower is located such that it is further away UNIQUE CONDITIONS OF PROPERTY: The unique conditions of the property and proposed tower are related to the height and siting. The proposed tower height is designed to function as part of the emergency warning system. According to the applicant: "Radio coverage and system performance is dependent on antenna mounting height and will not function per specification if the height of the One variance approval criterion is that the need for a variance cannot be caused by any action of the property owner, occupant, or applicant. Though the tower is not yet constructed, the applicant states that the height is the minimum physically necessary for radio communication to the area. The applicant and property owner submitted a letter referencing the City Code Section 64-202(D) requirement that proposed towers have explored alternative sites for equipment on preexisting towers. The letter states that an alternative existing tower is already over capacity and a new tower is required. There is one other 190-foot tower in town, owned by the Bluebonnet Electric Cooperative, but the applicant has confirmed that Bluebonnet Electric's tower is unsuitable for emergency: services NATURE OF HARDSHIP: Neither increased nor reduced financial impact would be incurred by the applicant based on the approval of this variance request. Failure to approve the variance would result in a' "practical difficulty" ini the emergency warning system'soperation for a publicpurpose. EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: Approval of the variance request should not "alter the essential character of the zoning district within which the property is located," satisfying another variance approval criterion. The tower's height is only a concern regarding the operation of the Lockhart Municipal Airport. However, the approval of the variance request and construction of the tower would improve public safety for the City as a whole. Balancing these two criteria with the public nature of the project, as well as the consideration that the variance request is for the "minimum amount necessary" for the structure to function as intended, leads staff to the COMPLIANCE WITH VARIANCE CRITERIA: In order to approve a variance, the Board must find that the request meets all 6 of the criteria outlined in Section 64-129(a) of the Zoning Ordinance. The applicant submitted the enclosed written explanation as evidence in support of the variance. Staff believes that the variance request warrants approval if the Board determines that all 6 variance ALTERNATIVE SOLUTIONS: As stated above, the applicant has stated that the proposed height is the minimum height necessary for the tower to function. Denial of the variance would stop the project. The Board could recommend that the applicant also receive a recommendation from the Lockhart Municipal Airport Board before approval, in case the Board feels that further expertise on airport matters is required in addition to the FAA determination submitted by the applicant. PRECEDENT: The Board approved another variance request (ZV-04-04) for a 190' tower built by the Bluebonnet Electric Cooperative in 2004-2005. The subject of the variance was a matter of setbacks and there is no evidence that the project was reviewed for compliance with Ordinance 91-01. There is an existing tower to the Northeast of town, located at 1511 East Market Street and on property from the surrounding properties than iti ist tall. toweri is reduced sufficiently to prevent any possibility of visibility". as the County has no way to confirm Bluebonnet will keep it in operation. conclusion that the request is appropriate. criteria are met. owned by the City of Lockhart. The tower is approximately 360 feet tall, is the former location of emergency warning equipment, and was built prior to the execution of Ordinance 91-01. This tower would be approximately 75 feet taller than the ordinance would allow based on the elevation shown The Public Works Director, Sean Kelly, recommends that if the variance is approved, the tower should include a beacon on top. Staff recommends thee potential options for the Board's consideration: 1) Approval of the variance based on the evidence of hardships submitted by the applicant, 2) Approval of the variance pending additional review by the Joint Airport Zoning Board, or on the Airport Hazard Ordinance map. 3) Denial oft the variance. RESPONSET TO NOTIFIÇATION: None, as of the date of this report. VULU PAGE 3 LOCKHART MUNICIPAL AIRPORT HAZARD ZONING ORDINANCE 91-01 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHEAWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE LOCKHART MUNICIPAL AIRPORT 8Y CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIOING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINENG CERTAIN TERMS USED HEREIN; REFERRING TO THE LOCKHART MUNICIPAL AIRPORT HAZARD ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND IMPOSING PENALTIES Inis ardinance is adopted pursuant to the authority canferred by the Airport Zoning Act, Tex. Local Gov't. Code Ann.. #241.001 et_seg (Vernan 1988). It is hereby found that an obstruction has the potential for endangering the lives and property of users of Lockhart Municipal Airport, and property or occupants of land in its. vicinity; that an obstruction may affect existing and future instrument approach minimums of Lockhart Municipal Airport, and that an obstruction may reduce the size of areas available for the landing, take-off, and maneuvering of aircraft, thus tending to destroy or impair the utility of Lockhart Municipa! Airport. and the public investment 1. Lockhart Municipal Airport fulfills an essential community purpose; and 2. ths creation or establishment of an obstruction has the potential of being à nuisance and may injure the region served by Lockhart Municipal Airport; and itis necessary in the interest of public health, public safety, and general welfare that the creation or establishment of obstructions that are à hazard to the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that the prevention of the creation or. establishment of hazards toair navigation, the elimination, renoval, alteration, or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in Be it Ordained by the Joint Airpart Zoning Board of the City Council of the City Lockhart, Texas and the Commissioners Court of the County of Caldwell, Texas: Section 1. Short Title--This ordinance shall be known and may be cited as "Lockhart Section 2. Definitions--As used in this ordinance, unless the context otherwise A. Airport--Means Lockhart Municipal Atrport Airport. B. Airport Elevation--Means the established elevation of the highest point on the usable landing area measured in feet from mean sea level. Airport Hazard--Means any structure or tree or use of land which obstructs the air space required for the flight of aircraft or which obstructs or Interferes with the contro! or tracking and/or data acquisition in the landing, taking off. orf flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft; is hazardous, interferes with, or obstructs such landing, taking off. or flight of aircraft or which is hazardous to or interferes with tracking and/or data acquisition 0. Airport Hazard Area--Means area of land or water upon. which an airport hazard might be established ARY: not prevented as provided in this ordinance. therein, Accordingly it is declared that: air navigation be prevented; and land. Municipal Airport Hazard Zoning Ordinance". requires: pertaining to flight and flight vehicles. 1 voL U PAGE 4 E. Airport Reference Point--Means the point established as the approximate geographic center of the airport land area and so designated. . Approach Surface--A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 4 of this ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. Approach, Transitional, Horizontal, and Coniçal Zones--These zones are set forth in Section 3 of this ordinance, Board of Adjustment--The City of Lockhart Board of Adjustment as appointed by the City Council of the City of Lockhart, Texas as provided by the Airport Zoning Act, Tex. Local Gov't. Code Ann., #241.032 (Vernon 1988). 1. Conical Surface--A surface extending outward and upward from the periphery of the horizontal surface at slope of twenty' (20) to one (1) for a horizonta! d. Hazard to Air Mavigation--An obstruction dotermined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Height Referençe--For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be Horizontal Surface--A horizontal plane one-hundred-fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with Joint Airport Zoning Board--Means à board consisting of five (5) members, two (2) members appointed by the City Council of the City of Lockhart, Texas ànd two (2) members appointed by the Commissioners Court of Caldwell County, Texas. The four (4) members so appointed shall elect à fifth. (Sth) member who shall serve as chairman of said Lockhart-Caldwel) County Joint Airport Zoning Board. N. Landing Area--Means the surface area of the airport used for the landing. take- 0. Nonconforming Use--Any pre-existing structure, abject of natural growtn, or use of land which is inconsistent with the provisions of this ordinance or an P. Obstruction--Any, structure, growth, or other object, including à mobile object, which exceeds ajimiting height set forth in Section 4 of this ordinançe. Q. Person--Means an individual. firm, partnership. corporation, company, association, joint stock association, or body politic and includes à trustee, receiver, assignee, administrator, executor, guardian, or other representative. R. Primary Surface--A surface longitudinally centered on a runway. When the runway has a specially prepared nard surface, the primary surface extends two- hundred (200) feet beyond each end of that runway; but when the runway has no specially prepared hard surfaçe, or planned hard surface. the primary surface ends at each end of the runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing ar planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (1) The width af the primary surface for other than utility runways is five- nundred (500) feet for nonprecision instrument runways having nonprecision instrument approaches with visibility minimums greater than three-fourths (2) The width of the primary surface for a utility runway with only visua! distance of four-thousand (4,000) feet. mean sea level elevation. the perimeter of the horizontal zone. off, or taxiing of aircraft. amendment thereto. statute mile. approaches is two-hundred-fifty (250) feet. 2 VOL U PAGE 5 S. Runway--A defined area an an airport prepared for landing and take-off of Structure--An object, including a mobile object, constructed or. installed by man, including, but not limited to, buildings, towers, cranes, smoxestacks, u. Transitional Surfaces--These surfaces extend outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at à slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizonta! surface. Visual Runway--A runway intended solely for the operation of aircraft using Utility Runway--A runway that is constructed for and intended to De used by propeller driven aircraft vets-TVeMad (12,500) pounds maxinum Y. Other Than Utility Runway--A runway that is constructed for and intended to be used by propeller driven single engine and muiti-engine aircraft and some turbine engine and jet engine aircraft with a maximum gross weignt in excess of Z. Nonprecision Instrument Runway--A runway. having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument Section 3. Zones--in order to carry Out the provisions of this ordinanca, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces. transition surfaçes, horizontal surface, and conical surface as they apply to Lockhart Muniçipal Airport, Lockhart, Texas. Such Zones are shown on the Lockhart Municipal Airport Zoning Map consisting of one (1) sheet, prepared by the City f_Lockhart, Texas, and dated December 18, 1991, which is attached to this ordinance and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with more restrictive height limitation. The various aircraft aiong its length. earth formations, and overhead transmission lines. V. Tree--Any object of natural growth. visual approach procedures. gross weight and less. Pbue-wenind (12,500) pounds, approach procedure has been approved or planned. zones are hereby established and defined as follows: A. Approach Zone (1) Runway 1B-36--Approach zone is established beneath the approach surfaces at the ends of Ruriway 18-36 on Lockhart Municipal Airpart Airport for nonprecision instrument landings and take-affs with visibility minimums greater than three-fourths statute mile. The inner edge of the approach zones shall have a width of five-hundred (500) feet which coincides with the width of the primary surface at a distance of two-hundred (200) feet beyond each end of the runway, widening thereafter uniformly to à width of three-thousand-five-hundred (3,500) feet at a horizontal distance of ten- thousand (10,000) feet beyond the ends of the primary surface, its centerline being the continuation of the centerline of the runway. (2) Runway 4-22--Approach zone is established beneath the approach surfaces at the ends of Runway 4-22 on Lockhart Municipal Airport Airport for visual landings and take-offs. The inner edge of the approach zones shall have a wigth of two-hundred-fifty (250) feet which coincides with the width of the primary surface at a distance of two-hundred (200) feet seyand each end of the runway, widening thereafter uniformly to a width of one-. adairvy, (1,250) feet at horizontal distance of five- thousand (5,000) feet beyond the ends of the primary surface, its centerline being the continuation of the centerline of the runway. B. Transition Iones--fransition zones are hereby established beneath the transition surfaces adjacent to the runways and approach surfaces as indicated on tne 2oning map. Transition surfaces. symmertically located on either side of_the runways, have variable widths as shown on the zoning map. Transitional surfaces extend outward and upward at right angles to the runway. centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surfaces and from the sides of the approach. surfaces. 3 VUL U PAGE 6 Horizontal Zone--The area beneath a horizontai plane ane- -hundred-fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten-thousand (10.000) feet radii from the center of each end of the primary surface of Runway 18-36 and connecting the 0. Conical Zone--The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface st a slope of twenty (20) to one (1) for à horizontal distance of four-thousand (4,000) feet. Section 4. Height. Limitations-Except as otherwise provided in this ordirançe, no structure shall be erected, aitered, or maintained, and no tree snall be allowed to grow in any zone created by this ordinance to à height in excess of the appliçable height limit herein established for such zone. Such aoplicable height limitations are hereby adjacent arcs by lines Langent to tnose arcs. established for each of the zones in question as foilows: A. Approach Zones (1) Runway 18-36--One (1) foot in haight for each thirty-four (34) feet in horizontal distance beginning at the ends of and at the elevation of the primary surface and extending to a point ten-thousand (19,000) feet. from (2) Runway 4-22--Cne (1) foot in height for each twenty (20) feet in horizontal distance beginning at the ends of and at the elevation of the primary surface and extending to a point five-thousand (5,000) feet from 8. Transition Zone--siopes seven (7). feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surfaces and the approach surfaces, and extending to a height of one-hundred-fifty, (150) feet above the airport elevation which is five-hunrd-thirtyrone (531) feet above Horizontal Zone--Established at on9-hundred-fifty, (150) feet above the airport elevation, or a height. of l-hundred-elgntyone (681) feet abave mean sea Conical Zone--Slopes twenty (20) feet autward for each foot upward beginning at the periphery of the horizontal zone and at one-humdred-fifty (150) feet above the airport elevation and extending. to a height of thre-hundrea-fitty (350) feet. above the airport elevation which is nt-undre-ismtyent (881) feet E. Excepted Height Limitations--Hothing in this ordinance shall be construed as prohibiting the growth, construction, or maintenance of any. tree or structure toah height up to Fifty (50) feet above the surface of the land. A. No use shall. be made of any facility, machinery, or device within the airport hazard boundary. which will emit any eiectromagnetic radiation that causes interference with navigational signais or radio communications between the airport and aircraft using or intending to use the Lockhart Municipal Airport. 8. No use shall be made of any facility, machinery, or device within the airport hazard boundary which will result in difficulty distinguishing between airport lights, result in glare or otherwise impair visibility, create the pctentiai for bird strikes, or vent emissions which will result in the instability of aircraft using or intending to use Lockhart Municipal Airport. A. Regulations not Retroactive--The regulations prescribed by this ordinance shall not be construed to require the removal, lowering, or cther change or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of any nonconforming. use. Nothing herein contained shall require any change in the construction, alteration, or. intended use of any structure, the construction or alteration of whiçh was begun prior to the effective date of this ordinance, and is diligently prosecuted. the ends of the primary surface. the ends of the primary surface. mean sea level. level. above mean sea level. Section 5. Use Restrictions Section 6. Nonconforming Uses voi U PAGE 7 B. Marking and igntimgr-yuiyhtmding the preceding provision of this section, the Owner of any nonconforming structure or tree is hereby required to the installation, operation, and maintenance thereon of such and lights as shall be deemed necessary by the City Marager of markings. the City of Lockhart, Texas, or his designated representative to indicate to the operators ofaircraft in the vicinity of Lockhart Municipal Airport, the presence of airport hazards. Such markers and lights shall be installed, operated, and such maintained at the expense of the City of Lockhart, Texas. A. Future Uses--Except as specifically provided. in (1) and (2), hereunder, no material change shall be made in the use of land, no structure shall be arected or otherwise established, and no tree shall be allawed to grow which will exceed à height of fifty (50) feet above the ground in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for à permit shal) indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative. the permit shall be granted. No germit for a use inconsistent with the provisions of this ordinance shall be granced uniess a variance has been approved in accordance (i) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertica! height above the ground, except when, because of terrain, land contour, of topographic features, such tree or structure would extend above the height limits prescribed for such zones. (2) In areas lying within the iimits of the approach zones, but at a horizontal distance of not less than four-trosameaonumire feet from each end of the runway, no permit shall be required for (4,200) any tree cr structure less than seventy-five (75) feet of vertiçal height above the ground, except when such tree or structure would extend abave the limit prescribed for such approach zones. Nothing contained in any foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this ordinance except as set forth in Section 4, paragraph E. (1) When a structure, whether fixed, mobile, or temporary, is to be erected or when a tree is grown within any area of the airport hazard boundary and the highest point of such structure or tree will exceed fifty (50) feet above the ground, the provisions of Section 28-5-1, Articie 28, Zoning, City, of Lockhart Code of Ordinances shall apply, with the additional provision that a certificate, signed by an appropriate professional, stating the highest ground elevation of the site, structure height, or mature tree height, elevation of the highest point of the structure or the tree, and the hazard boundary elevation for that site shall. be included. A11 elevations shall be determined from the Lockhart Municipal Airport Hazard Zoning Map, prepare by the City of Lockhart, dated December 18, 1991, and shall not require field surveys. (2) Any, permit request which indicates, in the opinion of the Zoning Administrator, that such structure, tree, or use may cause a hazard to aircraft using or intending to use the Lockhart Municipal Airport shall be reviewed by the Joint Airport Zoning Board. (a) The five (5) day approval requirement prescribed in the City of Locknart Code of Ordinarces is hereby extended to thirty (30). days when such action is to be taken and tne aoplicant is so notified by (b) A posted meeting of the Joint Airport Zoning Board shall be scheduled from between ten (10) to twenty (20) days of the application date. pernit markers. Section 7. Permits with Section 7, paragraph D. height B. Permit Procedures crdinary mail. 5 VOL U PAGE 8 (c) The Joint Airport Zoning Soard shall determine, with advice from tne Lockhart Municioal Airport Advisory Boarc. if such structure, tree. or use will constitute a hazard to aircraft using or intending to use (d) If it is determined that such structure, tree, or usa in nat a hazari and all atner requirements of said Section 23-5-1 has been net, the (e) if it is determined that the addition of appropriate markings, markers, lights, beacons, and/or shieids wi!l eliminate such hazard and the permit application is modified to include the installation, operation, and maintenance of such devices or markings at the expense sf the owner of such structure or tree, and all ocher requirements of said Section 29-5-1 have been met, the permit request shall be I Ifit is determined that the use can be safely permitted by engineering and/or design modifications, the building permit aopiication modified to inciude such changes. and all ather requirements of said Section 28-5-1 have been met, the permit request. (g) Ifit is determined that such structure, tree, or use wil! constitute hazard which can not be mitigated, the permit request shall be (h! Upon denia! of a permit vequest, the owner may àppeal Lo the Board of Adjustrent as provided in Sect.ion 28-4-5, Article 28, Zoning, City of Lockhart Code of Ordinances. Additionally. those aggrieved by the approval of such permit request may appeal such approval to the Board C. Existing Uses--No permi: shall be granted that would allow the establishment or creatign of any airpart hazard or pernit a nonconforming use, structuro, or tree to be made or become higher, or become à greater hazard to air navigation, than it w3s. on the effective date of this ordinance or any amendments thereto orthan it is when the application for a permit is made. Except as indicated, 0. Monconforming Uses Abandoned Or Destroyed-whenever the City Manager of the City of Lockhart, Texas or his designated reoresertative determines that 3 nonconforming structure or tree has been abandoned or more than eighty, (80) percent torn down, ohysically deteriorated. or decayed, no permit sha!l be granted that would allow such structure or tree to. exceed the applicapie height limit or otherwise deviate from the zoning regulations, (1) Any person desiring to erect. or increase the height of a structure or permit the growth afa trae Such that its height will exceed the elevation of_the hazard boundary elevation for that location or to use their property in violation of this ordinance shall apply to the Board of Adjustment for a variance as prescribed in said Section 28-4-5, as (2) Such application shall be accompanied by a determination of the Federal Aviation Administration concerning. the effect of the proposal on the operation of air navigation facilities and to the safe and efficient use (3) There shail be a posting of a meeting of the Joint Airport Zoning Board. The meeting shall be heid at least seven i7) days prior to tha meeting of the Board of Adjustment. The Joint Airport Zoning Bcard sha!l determine, with advice from the Lockhart Municipal Airport Advisory Board, ifgrant of the variance will constitute a hazard to aircraft using ar intendingto the Lockhart Municipa! Airport. cermit request shali be approved. aoproved. snall be approved. denied. of Adjustment. all aoplications for such permit shall be granted. . Variances modified below. of navigable airspace. use Lockhart Municipal Airport. VOLU PAul 9 (4) The Joint Airport Loning Board, not less than three (3) days prior to the meeting of the Board of Adjustment, shall provide a written recormendation for approval. approval with modification, or for denial of the requested variance and shall include the reasonis) for such recormendation. (5) Failure of the Joint. Airport Zoning Board to provide such recammendation snall not preclude nor aelay action by the Board of Adjustment. (6) Such recommendations of the Joint Airport Zaning Board shall not be separately appeaied, but may De argued Dy the applicant or any otner person appearing at the Board of Adjustment hearing. F. Obstruction Marking and Lighting--Any permit or variance granted may, if Such action is deemed advisable by the City Manager of. the City of Lockhart, Texas or his designated representative or the Board of Adjustment' to effectuate the purpose of this ordinance and ce reasonable in the Circumstances. be so conditioned as to require the owner of the structure or tree in question to allow the City Manager of the City of Lockhart, Texas or his designated representative to install, operate, and maintain, at the expense of the Owner, Section 8. Enforcement--It shall be the duty of the City Manager of the City of ocknart, Texas or his designated representative to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the City Manager of the City of Lockhart, Texas or his designated. representative upon * form publisned for that. purpase. The permit procedures estabiished by the City of Lockhart, Texas shall be used. Aoplications required by this ordinance to ve submitted to the City Marager of the City of Lockhart, Texas or his designated representative shall be promptly considered and granted or denied. Applications for variances snall be made to the Board of Adjustment by first filing said application for variance with the City Manager of the City of Lockhart, Texas or his designated representative who shall forthwith transmit said application to the Board of Adjustment for determination. A, fhare is hereby Created à Board af Adjustment to have and exercise the (1) to hear and dacide appeais From any order, requirement, decision, or determination made by the City Manager of tne Civy of Lockhart, Texas or nis designated representative in the enforcement of this ordinance; (2) to hear and decide requests for variance to the terms of tnis ordinance upon which Such Board of Adjustment under sucn regulations may be required (3) to hear and decide requests for special exception to the terms of this ordinance upon which such Board of Adjustment under such reguiations may The City of Lockhart Board of Adjustment is hereby declared to be the Airport Board of Adjustment under this ordinance and shall be governed by policies, rales, and procedures in effect under the city ordinance creating the City of A. Any person aggrieved, or any taxpayer affected, by any decision of the City Manager of the Çity of Lockhart, Texas or his designated representative made in his admiaistration of this ordinance. ifof the opinion that a decision of the City Manager of the City af Lockhart, Texas or his designated representative is an improper application of these regulations, may appeal to the Board of 3. All apneals hereunder must be taken within a reasanable time as provided by the rules of the Board of Adjustment, by filing with the City. Manager of the City of_lockhart. Texas or his designated representative à notice of appeal speçifying the grounds thereof. The City Manager of the Cityof Lockhart, Texas or his designated representative shall forthwith transmit to tne Board of Adjustment all the papers constituting the record woon which tne action such markings and lignts as may be necessary. Section 9. Board of Adjustment following powers: to pass; be required ta pass; Lockhart Board of Adjustment. Section 10. Appeals Adjustment. appealed from was taken. VUL U PAGE 10 :. An appeal shall stay all proceedings in furtherance of the action appealed From, unless the City Manager of the City, f Lockhart, Texas or nis designated representative certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate, astay would, in the opinion af the City Manager af the City of Lockrart, Texas ornis designated representative cause immirent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the City Manager of the City of Lockhart, Texas ar his The Board of Adjustment shall fix a reasonable time for nearing appeals. give pubiic notice and, due notice to the parties in interest, and decide the same within 3 reasonable time. Upon the hearing any party may appear in person, by E. Tne Board of Adjustment may in conformity with the provisions of this ordinance, reverse or affirs, in whoie or in part. or modify the arder. requirement, decision, or determination apoealed from and may make suçh order, requirement, decision, or determination, as may be appropriate under the Section 11. Judicial Review--Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to a court of competent jurisdiction, as provided by the Airport Zoning Act, Tex. Local Gov't. Code Ann. 241.041 (Vernon 1988). Section 12. Enforcement and Remedies--The. City Council of the City of Lockhart, Texas and the Lockhart-Caldwell County Joint Airport Zoning Board may institute in any court of competent jurisdiction, an act'gn to prevent, restrain, correct, 2r abate any violarion of tnis ardinance or. of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by the Airport Zoning Act, Tex. Local Gov't. Code Ann. #241.044 Section 13. Penalties--Each vialation of this ordinance Or of any regulation order, ar ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shail be punishab'e by a fine of not more than one-thousand-dollars, ($1,000.001 and each day à violation continues to exist shall constitute à separate offense. Section 14. Conflicting regulations--where there exists a conflict between any of the regulations or limitations prescribed in tnis ordinance and any other regulations applicable to the same area, whether the corflict be with respect to the height of structures or trees, the use of land, or any other matter, the mare stringent linitation or requirement shall govern and prevail as provided by the Airport Zoning Act, Tex. Section 15. Severability--lt any of the provisicn of this ordinance or the application thereof to any person or circunstances is heid invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invaiid provision or application, and to this end the provisions of this ordinance are Section 16. Repeal of Previous Airport Zoning Ordinance--This ordinance supersedes all Section 17. Effective Date--Whereas, the immediate operation of the proyisions of this ordinance is necessary for the preservation of the public heaith, public safety, and full general force welfare an Emergency is hereby declared to exist, and this ordinance snall be in and effect from and after its passage by the Joint Airport Zoning, Board and publication ard posting as required by law. Adopted by the Lockhart-Caldwel) County designated representative and on due cause shown. agent, or by attorney. circumstances. (Vernon 1988). Local Gov't. Code Ann, #241.C44 (Vernon 1988). declared to be severable. previous airport zoning ordinances. Joint Airport Zoning Board this 18th day of December, 1991. HKE Ea Member 15 Baapk VUL U PAGE 11 FAPESR AWIEAAEA EAPIYSN EKAMNE BR FPRLTETE"- BSAP. VENAwS PACeArE STATEOFTEXAS COUNIYOFCLONEL Irebys serlly thallhis Instumenisas Medenthe date and lime alarped haresn by and #aS duy rroésdinthay andpageo amed:ecwda rcaldweiCpanty, Texas as slampedh beanbyne. MAR3 92 Pnadklw KINASSELIS COUNTYGENACADHILLC COUNTY, TEXAS FILEDthis PMhayaai12 up7 2A5 a NINA S.SELLS CLERK COUNTY COURT. CALDHELL CO.,TEX TOWER LocaTION LEGEND GENERAL NOTES LOCKHART MUNICIPAL. AIRPORT HAZARD ZONING MAP Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2023-A5W-1198-0E Issued Date: 08/23/2023 Chris D Germer Caldwell County 1403 Blackjack Ste. E Lockhart, TX 78644 ** DETERMINATION OF NO HAZARD TO AIRNAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 491 U.S.C., Section 44718 and if applicable Title 14 oft the Code of Federal Regulations, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: Tower James George Lockhart, TX 29-52-31.30N: NAD83 97-39-13.00W 520 feet site elevation (SE) 199: feet above ground level (AGL) 719 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), ifany, is(are) met: Iti is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, ifmarking/ lighting are accomplished on a voluntary basis, we recommend it bei installed in accordance with FAA Advisory circular 70/7460-1 M. This determination expires on 02/23/2025 unless: (a) the construction is started (not necessarily completed) and] FAA Form 7460-2, Notice of Actual (c) the construction is subject to the licensing authority oft thel Federal Communications Commission (FCC) and an application for a construction permit has béen filed, as required by the FCC, within 6months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. Pagelo of4 NOTE: REQUEST! FOR EXTENSION OF THE. EFFECTIVE PERIODO OF THIS DETERMINATION MUST BE: E-FILED. ATLEAST 15DAYS PRIOR TO' THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS INT THE. AREA OF THE STRUCTURETODETERMINE THATNO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE This determination is based, inj part, on the foregoing description whichi includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all Ifconstruction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has al height greater than the studied structure requires separate notice to the This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or A copy ofthis determination will be forwarded to the Federal Communications Commission (FCC) because the If we can be of further assistance, please contact our office at (817) 222-5922, or ebbie.caruemasgmagova On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2023- ELIGIBLE FOR ONE EXTENSION OF THE: EFFECTIVE PERIOD. previously filed frequencies and power for this structure. the construction or alteration is dismantled or destroyed. FAA. regulation ofany Federal, State, or local government body. structure is subject to their licensing authority. ASW-11198-0E. Signature Control No: 593766311-597241546 (DNE) Debbie Cardenas Specialist Attachment(s) Frequency Data Map(s) cc: FCC Page2of4 Frequency Data for ASN 2023-A5W-1198-0E LOW FREQUENCY 6 10 HIGH FREQUENCY 7 11.7 FREQUENCY UNIT GHz GHz ERP UNIT dBW dBW ERP 55 55 Page 3 of4 Verified Map for ASN7023-ASWJISSOE Page 4of4 Federal Communicalions Antenna Structure Registration Logged in as: Caldwell County FRN 0013716410 Log Out Commission AM - Amendment ofa Pending Application Reference Copy Help Confirmation General Information File Number: A1249124 1325962 Date Received: 09/21/2023 Purpose: Amend an application Status: Granted National Notice Date: 08/11/2023 Resources Tower Construction Notification System (TCNS) E-106 System File Pleadings TOWAIR FAAI Notice Criteria Tool Universal Licensing.System Owner Information Caldwell County Attn: Hoppy Haden 110 S Main St Lockhart, TX78644 Phone: (512)398- 1809 E-mail: Antenna Structure Latitude: 29°52:31.3"N Longitude: 097° 39' 13.0"W Structure Location: 200ft SE of 1204 Reed Dr Lockhart, TX78644 Overall AGL Height: 60.7m FAA Study Number: 2023-ASW-1198-0E Date Issued: 08/23/2023 Registration Number: RM 101 sAé.asASS Back to Home Submit a help request for assistance or contact (877) 480-3201 or TTY: (717)338-2824 Federal Communications Commission 45LS Street NE Washington, DC 20554 Phone: 1-888-225-5322 TTY: 1-888-835-5322 Fax: 1-866-418-0232 Contact Us Privacy Policy Moderation Policy. Website Policies & Notices Required Browser & Plug-ins Freedom of Information Act (FOIA) 2009 Recovery and Reinvestment Act RSS Office of Inspector General Hoppy Haden County Judge 512398-1808 County Treasurer 512398-1800 Danie Teltosp County Auditor 512398-1801 October31,2025 David Fowler City Planning Director City ofLockhart 308 W. San Antonio Lockhart, TX 78644 Caldwell County Courthouse 110 South Main Street Lockhart. TX 78644 Fax: 512398-1828 B.J. Westmoreland Commissioner Precinct 1 Commissioner Precinet 2 Edward "Ed" Theriot Commissioner Precinet 3 Commissioner Precinet 4 Rusly Horne Dyral Thomas RE: CodeofOrdinances. City ofLockhart, Texas Sec. 64-202 (d) Dear Mr. Fowler: The Caldwell County Commissioners' Court has contracted the Lower Colorado RiverAuthority (LCRA)to design and construct a 700/8001 MHz shared radio system for emergency use by first responders in Caldwell County and the agencies contained within the county, While assessing the best locations for emergency communication sites, it was determined that as site in or around Lockhart, Texas The assessment of radio sites surrounding. but not contained within the city limits of, Lockhart. Texas noted one possibility of an existing tower that had adequate height to accomplish the emergency communication goals of Caldwell County. This tower is owned by at third-party company that leases the tower for communication use. The county and LCRA assessed the geographical location and third-party lease and structural fees for this communication tower. The geographical location of the tower did not provide an adequate microwave transport path from the dispatch center for proper backhaul capabilities that are required by the dispatch center. Therefore, this communications tower was eliminated from Caldwell County then turned their sites to the communication towers inside oft the city limits of Lockhart, Texas. The single existing communication tower that exits within the city limits with the proper height to conduct proper emergency communication is located al 1511E. Market Street. This is the current emergency communication tower used by GAATRS fort the current radio system. This tower isl leased by a third-party owner and has several other leased attachments currently on the tower. The county and LCRA assessed the current condition of the communications tower and the financial considerations oft the third-party lessor. The additional attachmentshave rendered the tower over capacity and the tower is incapable of accepting other attachments currently. Therefore. this communications tower was eliminated from contention as an emergency radio site. was necessary for proper communication. contention as an emergency radio site. Hoppy Haden County Judge 512398-1808 County Treasurer 512398-1800 Danie Teltow County Auditor 512 398-1801 Caldwell County Courthouse 110 South Main Street Lockhart, TX 78644 Fax: 512398-1828 B.J. Westmoreland Commissioner Precinct 1 Commissioner Precinct 2 Edward "Ed"Theriot Commissioner Precinct 3 Commissioner Precinct 4 Rusty Horne Dyral Thomas The county partnered with LCRA to design a tower to be constructed by LCRA and owned by the county. on county property, adjacent to the County Sheriff's Office. This location provided ap place tor an emergency communications tower with ample height and: a clear. microwave path to the dispatch center. The emergency radio communications site and access were designed lo be unobtrusive to the surrounding area and the glide path ofthe airport. LCRA has received conditional approval from the FCC: and FAA to construct the emergency communications tower without lighting to further the discreet nature ofthe radio site. Caldwell County chose to pursue this option for the new emergency communications site to serve the City ofLockhart and the surrounding area. Caldwell County appreciates the efforts of the City ofI Lockhart to properly vet the location of the new emergency communications tower and radio site. Should any questions arise about the choice ofthis location. please contact the office oft the County Judge. Sincerely. Hoppy Haden Caldwell County Judge ICRA FEGT-WAE-COMMUNINS SERVICES November 10, 2023 David Fowler City Planning Director City of Lockhart 308 W. San Antonio Street Lockhart, TX 78644 Subject: Compliance with City ofLockhart Code of Ordinances, Section 64-202- Wireless Telecommunication Facilities Dear Mr. Fowler, The Lower Colorado River Authority has been contracted by Caldwell County to improve emergency communications infrastructure int the county. One important component of the project is a new communications tower in Lockhart. This tower is proposed for the L.W. lam writing to confirm that the wireless elecommunication facility, as described in Section 64-202 of the municipal code, fully complies with all the criteria outlined therein. Please find below a detailed summary of how each criterion has been met: (a) Existing Facilities: This is a newi facility; therefore, this section is not (b) Code Requirements: The facility adheres to all applicable FAA and FCC requirements. The FAAI has completed a determinationstudy. The tower and associated foundation have been designed according to ANSITIAVEIA 222-H Structural Standards for Steel Antenna Towers and Antenna Supporting Structures. Drawings and specifications have been prepared and sealed by a registered professional engineer and were submitted with the building permit (c)Co-location Capability: It is contemplated that the new freestanding tower will be used exclusively for transmission and reception of communications by public emergency agencies such as the Caldwell County Sheriff's Office and other authorized first responders. As a result, we believe the tower structure (d) Availability of Sites: The new tower will be constructed for the purpose of transmission and reception of public safety radio communications for the Caldwell County Sheriff's Office and other authorized first responders. The location of the tower was selected based on the radio coverage requirements Scott Annex site at 1208 Reed Drive, in Lockhart. applicable. application. ise exempt from the co-location requirement. P.O. BOX220 * AUSTIN, TEXAS 78767-0220 512-578-3200 800-776-5272 LCRA.ORG Mr. David Fowler November 10, 2023 Page 2of3 of the Sheriff's Office. The County does not own any antenna structures that could provide equivalent radio signal coverage in the designated area. Al letter from Caldwell County is provided and attached to this application. (e) Abandoned Facilities: The tower structure is a new construction; therefore, this section is not applicable at this time. However, the property owner = Caldwel! County - is committed to notifying the City of Lockhart building official when the wireless telecommunication facility ceases operation and complying with the removal requirements for abandoned facilities as set forth (f) Facilities on Public Property: It is not contemplated that the tower facilities will be used by any commercial system providers as mentioned in this section of (g) Prohibited Location: LCRA has captured 360° spherical panoramas at 2 different resolutions and three different heights: 180', 190', and 200. The photos and video are taken at an approximately 200x: zoom. This has identified that approximately the top 20 feet of the tower will be visible from the courthouse. The results for the unlit tower, with a distance of1.25 miles (h), Access: The tower site has direct access to a public street, meeting all city (1) Height: The freestanding tower adheres to the height limits set forth in the Lockhart Municipal Airport hazard zones and its height will be 190 feet. () Setbacks: The tower complies with all setback requirements, both in terms of distance from property boundaries and residential dwellings, as outlined in (K) Illumination and Appearance: The wireless telecommunication facility is not artificially illuminated and is not required to be by the FAA or FCC. The tower maintains the appropriate finish and color scheme, and the equipment enclosures are designed to blend with the surrounding environment. () Security and Screening: The base of the freestanding tower and associated equipment enclosures are enclosed by a six-foot security fence, equipped with a locked access gate. The entrance to the site does not face any public (m) Signage: Only one nonilluminated permanent sign, not exceeding two square feet, has been placed for emergency identification purposes. No commercial in thé code if they become applicable. the code. from the courthouse, are believed minimally impactful. standards for driveways. this chapter. streets and screening will not be required. advertising will be added. LOWER COLORADO RIVER AUTHORITY Mr. David Fowler November 10, 2023 Page 3 of3 (n) Historic Districts: The wireless telecommunication facility is not installed outside of a building within a historic district. We trust that this information satisfies the requirements set forth in Section 64-202 of Thank you for your attention to this matter. If you have any questions or would like additional information, please feel free to contact me at 512-730-6409 or the LCRA the municipal code. We look forward to your reply. Project Manager, Thuanny Anderson at 737-230-5595. Sincerely, Rlan Erik Andersen Vice President Telecom Business Development LOWER COLORADO RIVER AUTHORITY CITY OF LOCKHART - SITE PLAN APPLICANTNAME, Lower Colorado River Authority SITE. ADDRESS: 1208 Reed Drive, Lockhart TX 78644 PHONE: 512-578-4587 PERMIT! NUMBER: DATE: 09/07/2023 PROPOSED worK.Install a 10'x10'x9' Telecom enclosure, a 5'-0"x5-0", cast-in-place concrete door stoop, a 31-9"x8 8'-6" cast- in-place concrete generator pad,az'xIU-V'cel bridge, two S'stand-ofi antenna mount, aj pipe mount for dish and a 190ft lattice Telecom Tower. The communication tower will be used exclusively for the transmission and reception of communications by public emergency agencies, such ast the Caldwell County SheriffsOficeandotherauthorized first responders. LEGENO SIGN POST WATER VALVE FIRE HYDRANT EDGE OF PAVEMENT UNDERGROUND WAIER EDE PAAKI; EENS MATERIAIS EXÇAVATION QANII *i 150CY FOR. SE MISIT ROAD BASE * 150CY GRAVEL - 66CY REITR 10 CK-CO-TEI-sAO FORT THE LOCATION oF ME TRENCHES AMD! C648-COWNI-S-00I6 FOR TRENCH DETAIL EA SIE PLAN LOCKHART RADO 1 EW LAYOUI E 9) D:d CONFIDENTIAL: k AS 0O ENS EDnS o Please indicate the following: streets and alleys; 1. North arrow, scale of the drawing (e.g., 1" = 50 feet), property lines with dimensions, and abutting 2. Outline the location, size, and type of all structures with labels indicating whether existing or proposed; 3. Distances between all existing and/or proposed structures (measuring from roof overhang, if any) as 5. Location, dimensions, and surface material of existing or proposed driveways and off-street parking areas; specify the number of provided and required parking spaces. Planning staff can assist with this show roofoverhangs as dotted lines; well as from all existing and/or proposed structures to all property lines; 4. Location, type, and width of all known easements; and requirement. ZONING VARIANCE APPLICATION CITY OF /512/398-3461 . Lockhart FAX/512/3983833 308 West SanAntonio Street P.O. Box239 . Lockhart, Texas 78644 TEXAS APPLICANTIOWNER APPLICANT NAME DAY-TIME Lower Colorado River Authority 737.230.5595 Box 220 TX Austin, 78767 ADDRESS P.O.E TELEPHONE E-MAIL nuamyancerone/caog khll.Colhame ler4.o19 Caldwell County 110 S Main St. Lockhart, TX OWNER RM 101 78644 NAME DAY-TIME TELEPHONE ADDRESS 512-398-1809 E-MAIL. noppy.naden@co.caldwel.k.us PROPERTY ADDRESS 1208 Reed OR GENERAL LOCATION Dr., Lockhart, TX 78644 LEGAL DESCRIPTION (IF PLATTED). SIZE 20.2 ACRE(S) EXISTING ZONING CLASSIFICATION. Public and Institutional Sheriff's Office USE OF LAND AND/OR BUILDING(S), REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S) 64-202(G) CURRENT ORDINANCE REQUIREMENTIS) OF THE ZONING ORDINANCE Prohibitedl location: Nof freestanding! tower, orcommercial antenna attached toa any ather structure, shall bee erected inal locationi int the city wheret thet tower or antennay would bev visible when viewedby eyes five feet, eighti inches above ground! level from any portion oft the county courthouse property or abutting portions of Main, San Antonio, Commerce: and Market Streetr rights-of-way. from the county courthouse grounds. Limiting the tower height to conform tot this section would significantly reduce the coverage area and effectiveness of the public safety communications network relying on the new tower. Wer request relief from the tower height limitation. The top oft the new towerr be visible REQUESTED VARIANCE(S), may 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 THATOWNS THE PROPERTY. IFI NOT PLATTED, Al 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 other similarly situated, and which creates an exceptional hardship, difficulty, or inequity that would result from literal enforcement oft 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 public health or safety, and will not substantially or permanently interfere with the appropriate use of adjacent conforming property in the same 6. The variance will not alter the essential character of the zoning district within which the subject property is located, andi is in harmony with the intent and purposes of the zoning ordinance. SITE PLAN, SUBMITTED ON PAPER NO LARGER THAN 11"X17", 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; 5) Building setback distances from property lines; 6) Location, dimensions, and surface type of off-street parking spaces and loading areas; and, 7) any other proposed APPLICATION FEE OF $250.00 PLUS $150.00 PER ACRE, FOR A MAXIMUM OF $2,500.00, TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND CORRECT, AND IT IS UNDERSTOOD THAT TOR ANOTHER REPRESENTATIVE SHOULD BE PRESENT. ALAMPBLIÇMEETNGS CONCERNINGTHIS APPLICATION. occupant, or applicant; increased financial gain or reduced financial hardship; district; and, features of the site which are applicable to the requested variance. APPLICATION FEE OF $2,500 PAYABLE TO THE CITY OF LOCKHART. SIGNATURE DATE 1-29-23 OFFICE USE ONLY ACCEPTED BY D.fonkr DATE SUBMITTED l212023 DATE NOTICES MAILED 1-231024 RECEIPT NUMBER 01262727 CASE NUMBER ZV- 2224 060l DATE NOTICE PUBLISHED [-25-2021 BOARD OF ADJUSTMENT MEETING DATE 2-5-2024, DECISION CONDITIONS CENTERSI 803 BUZ 811 PIN OAKS ST 212214 811 835 900" 817 821 903 902 680 b 00 905 904 CHB, CHB CMB 906 907 911 900 yu 802 808 811 4A 812 822 825 BEEST 904 901 801 812 818 821 822 902 903 CLB 908 905 915 916 919 CLB 901 903 0 905 907 911 4A 904 911 912 910 912 RMD 917 920 301 WHITE OAKST 302 CHB 1002 1100 1004 1003, 1110 1111 1005 1006 1008 1009 1010 1915 1114 1011 1117 1013 1116 1119 1118 1125 1120 CHB 1127 1122 lightbox 1126 STATEPARKR RD 100 1130 0 111 117 105 WHITE OAKST 1002 1004 1006 1008 : 1012 1014 304 1003 104 1007 1012 1014 1016 water meter 10 1021 A 101 1021B 1105 CMB 1107 110! RLD RHD p20 1024 CLB 1030 ZV-24-02 CMB RMD' SUBJECT PROPERTY ZONING BOUNDARY 1002 SN MAIN ST TO REDUCE THE SIDE YARD BUILDING SETBACK FROM 15 FTTO 5.6FT scale 1"=200' L GRAIOSSI CDDDgT a SCOLORADOS) GAAINSS GCHUECHISI GELANCOS PLANNING DEPARTMENT REPORT ZONINGVARIANCE CASE SUMMARY STAFF CONTACT: Evan Olszewski, Planner REPORT DATE: January 25, 2024 PUBLICHEARING DATE: February 5, 2024 STAFF ECOMMENDATION: Denial CONDITIONS: BACKGROUND DATA CASE NUMBER: ZV-24-02 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required side yard building setback from 15 feet to 5.6feet. None APPLICANT AND OWNER: Elizabeth Pirnat SITE LOCATION: 1002 South Main Street SIZE OFI PROPERTY: 0.181 acres LEGAL DESCRIPTION: Lot 1, Block 2 and West % of an abandoned alley, South Heights Addition EXISTING USE OF PROPERTY: Single-Family Residence ZONING CLASSIFICATION: RMD Residential Medium Density District ANALYSIS OF ISSUES REASON FOR REQUESTED VARIANCE: A 10-foot-wide by 28-foot-long structure for residential occupation use was recently constructed in the side yard of the subject property as an accessory structure to the existing single-family residence. The structure was constructed without a permit and was brought to the attention of the City by representatives of the Faith Chapel church which backs up to the property on South Colorado Street. The church had recently inquired about replacing a legally nonconforming shed on their own property and were informed that building in the setback is not allowed. The structure is located 5.6 feet from the side property line, which encroaches 9.4 feet into the required 15-foot side-yard building setback for the RMD Zoning District set forth in Appendixlof the Zoning Ordinance. A copy of the site plan showing the location of the shed as constructed is AREA CHARACTERISTICS: The subject property is located within ana area with a mix of commercial and residential uses behind the church, which fronts South Colorado Street to the east. The nearest parcels are zoned RMD Residential Medium Density, with CHB Commercial Heavy Business to the south along South Main Street. The subject property is located at the southeast corner of the intersection of South Main Street and White Oak Street. According to a review of the survey and aerial imagery, the subject property's northern boundary is nine feet from the curb line of White Oak UNIQUE CONDITIONS OF PROPERTY: The construction of the structure within the required 15-foot side-yard building setback could not be considered a condition unique to the property. The Applicant states that the structure isi in its current location because it is the only place in her yard that does not flood and explains that this unique flooding condition is caused by runoff from White Oak Street, of which the City is aware but has not addressed. However, it is the responsibility of the builder and property owner to ensure compliance with all setbacks and address site-specific issues such as flooding prior to construction. According to the Interim Building Official, Shane Mondin, the structure included in the agenda packet materials. Street, giving the impression that the structure is set back further than itreallyi is. was built without a permit, suggesting that the builder or property owner did not satisfy that responsibility. It is possible for the structure to be relocated elsewhere in the rear yard that could meet all the required building setbacks. In previous discussions with the applicant and according to the written responses to the variance review criteria, the applicant explains that the flooding conditions prevent the relocation of the structure and since these conditions were not caused by her actions, the variance is warranted. However, filling or regrading low property prior to construction is NATURE OF HARDSHIP: The Applicant proposes to use the structure as space for a home business, which would not be possible if the variance is not granted and the structure cannot be relocated. Relocation of the structure is feasible, however, the regrading of the rear yard to prevent the flood conditions mentioned by the Applicant wouid increase the cost of the project. Additional financial EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: Construction of the structure 9.4 feet into the side-yard building setback does not appear to have resulted in adverse impacts to surrounding properties and public safety. Though the structure isl large, its setback from the front of the property and the wide right-of-way on White Oak Street means that the structure does not COMPLIANCE WITH VARIANCE CRITERIA: In order to approve a variance, the Board must find that the request meets all 6 of the criteria outlined in Section 64-129(a) of the Zoning Ordinance. The applicant submitted the enclosed written explanation as evidence in supportoft the variance. ALTERNATIVE SOLUTIONS: The alternative solution is to require that the structure be relocated to PRECEDENT: The Board's. July 2021 and December 2023 approvals of variances to allow the reduction in the required building setbacks may have set a precedent for similar requests with unavoidable site conditions preventing construction in permitted areas. Variances, however, are considered strictly on a case-by-case basis, and the current request does not result froma condition unique to the property, as previously discussed. The December 2023 case had the unique condition of natural features obstructing the path that machinery would use to move the structure. The subject property already has accessory: structures located in the rear yard, demonstrating that machinery can access the area. Finally, as mentioned above, the church abutting the rear of the property was informed that they cannot replace a legally nonconforming shed in the same setback on their property. Church representatives visited with the Interim Building Official for the request and followed up when the structure appeared on the subject property to ask why, it was allowed. It would establish a negative precedent to grant a variance to unpermitted work immediately adjacent to a property whose owner the routine solution to areas of standing water on a property. hardship would be created by the cost of relocating the structure. obstruct the view of drivers at the intersection. the rear yard of the property, where the setback requirements would be met. contacted the City before construction and was denied permission. RESPONSE TO NOTIFICATION: None, as of the date of this report. Property Photos with Descriptions from Applicant 1-4-2024 throughl-10-2024 Alli information below is from the applicant and does not represent staff's position. This is traveling South Bound on S Main Street to make al LEFT turn (going east) There is no visual obstruction /ori interference of any view to see clearly to turn Left- across on coming (r north bound traffic)to to turn onto White, Oak Street This building was placed behind an existing fence that did not have to be taken down And behind an existing tree No visual obstruction / orf field of view- Thisis traveling NORTH on S Main Street to make al RIGHT turn (E East)o on to White Oak Street no visual obstructions, / field of view toi turn- - Thisi is the view heading SOUTH on SI Main St to turn LEFT( (west)onto White Oak Street- NO visual obstruction or view blocking to turn ontol White Oak St This building is behind a EXISTING FENCE that did not have to bet taken down - Street view heading WEST on White Oak Street No visual obstruction from view to turn Left or Right on to Main Street Visual of WHITE OAK STREET( ( heading West) No obstruction of view The area the building was placed 10:24AM Thusan4 < 0 2023 Edit 000 Cay I ts EN The area it was placed without moving existing fence or tree 10:33AM Thujan* < d 0 1004 Edit 0 0 e July ISAM. 16,2023 023AM hus C 0 2023: Edit 000 Rt Augustzh, PM 2023 Edit a C 1021AM Thwa o November 18, 2023 Edit @ @ O B 0491 RE M - a Wi d 0. GLVEV May31,2020 Edt D 0 e V NSE ASA 10:20AM Thujane ds 3. LVE 6.100% - Edits 0.00 May12,2020 2SM 1AT 43 y HAI May12, ors 2020 Edit @ D e 20AM R Edt 0 e e Maj12.2020 BMK R thusant 0 May 12,2020 Edit o 0 MKE ot rig 10-0000"5 E 50.00 15' Alley doned 13 M g 0A M4 o 50.00 S A" ZONING VARIANCE APPLICATION CITY OF . Lockhart /512/398-3461 FAX/512/. 398-3833 P.O. Box 239 . Lockhart, Texas 78644 TEXAS 308 West. SanAntonio. Street APPLICANTIOWNER APPLICANT NAME Klabah Pirnat DAY-TIME TELEPHONE S12-105-0006 E-MAIL. MStexcé Blw.con ADDRESS 1002 S Man Strect LeblasTk 7644 OWNER NAME DAY-TIME TELEPHONE E-MAIL Sant ADDRESS a 1 PROPERTY ADDRESS OR GENERAL LOCATION I02 Sah Mon Stet LEGAL DESCRIPTION (IF PLATTED) Lel Bahz + MhlEL Sanhlewldes. SIZE OIH ACRE(S) ZONING CLASSIFICATION AMD. Des Madun Dgy EXISTING USE OF LAND AND/OR BUILDING(S) Dewdnwel/Hant dlu REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S) Lh.LH- AhT-s Scahaby OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S) I's side selbck davy Wwe Chk Shret. REQUESTED VARIANCE(S). Pla the aaly-blt DANEy blly wah a sh' Sethek to man M dk ryanel 'ade lehack. Tokl VAIIGNLE = 9.4. SUBMITTAL REQUIREMENTS IFT 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 DESCRIPTIONG 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 other similarly situated, and which creates an exceptional hardship, difficulty, or inequity that would result from literalenforcement 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 ar reasonable use of the property; 4. The sole reason for the variance is not a desire of the owner, occupant, or appliçant for 5. The variance will not adversely affect public health or safety, and will not substantially or permanently interfere with the appropriate use of adjacent conforming property in the same 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 oft the zoning ordinance. SITE PLAN, SUBMITTED ON PAPER NO LARGER THAN 11"X1 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; 5) Building setback distances from property lines; 6) Location, dimensions, and surface type of off-street parking spaces and loading areas; and, 7) any other proposed APPLICATION FEE OF $_277.15 PAYABLE TO THE CITY OF LOCKHART/ ASFOLLOWS: occupant, or applicant; increased financial gain or reduced financial hardship; district; and, features of the site which are applicable to the requested variance. 31504+ 50%%ere. 1/4 acre or less Between 1/4 acre and one acre One acre or greater $125 $150 Odmate 2023-08: $170 plus $20.00 per each acre over oneacre TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND CORRECT, AND IT IS UNDERSTOOD THAT IOR ANOTHER REPRESENTATIVE SHOULD BE PRESENT AT ALL PUBLIC MEETINGS CONCERNINGTHS APPLICATION. SIGNATURE 1-4-24 4 DATE OFFICE USE ONLY ACCEPTED BY EVAUISZHSKI DATE SUBMITTED 1/41024 DATE NOTICES MAILED 1-22-3024 RECEIPTI NUMBER 2012.69298 CASE NUMBER. ZV- 24 -02 DATE NOTICEPUBLISHED $-25-2024 BOARD OF ADJUSTMENT MEETING DATE 2/5/2024 DECISION CONDITIONS A WRITTEN: STATEMENT DOCUMENTING THE REASON FOR THE VARIANCE(S), INCLUDING EVIDENCE THATTHE REQUEST COMPLIES WITHTHE FOLLOWING CRITERIA AS REQUIRED FOR APPROVAL OFA 1. Aunique physical condition exists within or adjacent to the subject tract or structure(s) located thereon which distinguishes it from other similarly situated, and which creates an exceptional hardship, difficulty, or inequity that would result from literal enforcement oft the ordinance; VARIANCE. hat JOUSNOT FOOP nuy plsinayyard 2. The condition or characteristic noted above is not caused by an action oft the propertyowner, occupant, or applicant; brfwt - Poordrange OR Whieluk Ghyohgit 3. The variance is the minimum amount necessary to allow a reasonable use oft the property; cofruct 3. The sole reason for the variance is not a desire of the owner, occupant, or applicant for increased financial gain or reduced financial hardship; corract 4. The variance will not adversely affect public health or safety, and will not substantially or permanentlyinterfere with the appropriate use of adjacent conforming property in the same district; and, Corruct 5. The variance will not alter the essential character oft the zoning district within which the subject propertyi is located, andi isi in harmony with the intent and purposes of the zoning ordinance. Corruct