HomeMy WebLinkAboutORD 2024-07 - SUP 605 University EastORDINANCE NO. Z.b 2 LI , 01
An Ordinance of the City Council of the City of Georgetown, Texas, granting
a Special Use Permit for a Multifamily, Attached Dwelling Unit use in the
Local Commercial (C-1) zoning district, for the property addressed at 605 E.
University Avenue Suite 110, bearing the legal description of Academia East
Condo, Building 605, Unit 110, 4.9% Common Area Interest, repealing
conflicting ordinances and resolutions; including a severability clause; and
establishing an effective date.
Whereas, an application from Lee McIntosh has been made to the City for the purpose of
allowing a Multifamily, Attached Dwelling Units use of the following described real property
("The Property"):
Academia East Condo, Building 605, Unit 110, 4.9% Common Area Interest, as
recorded in the Official Public Records of Williamson County, Texas, hereinafter
referred to as "The Property'; and
Whereas, the Property is within the Local Commercial (C-1) zoning district, and the
applicant requests to use the property for a Multifamily, Attached Dwelling Unit; and
Whereas, the Unified Development Code allows the Multifamily, Attached Dwelling
Units land uses with a Special Use Permit Approved by the City Council; and
Whereas, the City Council may approve an application for a Special Use Permit where it
reasonably determines that there will be no significant negative impact upon residents of
surrounding property or upon the general public. The City Council shall consider the following
criteria in its review:
1.The proposed special use is not detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants.
2.The proposed conceptual site layout, circulation plan, and design are harmonious with the
character of the surrounding area.
3.The proposed use does not negatively impact existing uses in the area and in the City through
impacts on public infrastructure such as roads, parking facilities, and water and sewer systems,
and on public services such as police and fire protection and solid waste collection and the
ability of existing infrastructure and services to adequately provide services.
4.The proposed use does not negatively impact existing uses in the area and in the City through
the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or
noxious impact; and
Whereas, public notice of such hearing was accomplished in accordance with State Law
Ordinance Number: 202 1-1-� QJ Page 1 of 3
Description: Academia East Residential SUP Case File Number: 2023-11-SUP
Date Approved: 7.07�
and the City's Unified Development Code through newspaper publication, signs posted on the
Property, and mailed notice to nearby property owners; and
Whereas, the Planning and Zoning Commission, at a meeting on January 2, 2024, held
the required public hearing and submitted a recommendation of approval with the following
conditions to the City Council for the requested special use of the Property:
1. The Special Use is limited to Suit 110, 605 E. University Avenue; and
Whereas, the City Council, at a meeting on January 23, 2024, held an additional public
hearing prior to taking action on the requested special use of the Property. The City Council
moved to approve the requested special use of the Property.
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas,
that:
Section 1. The facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive
Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with
any other policies or provisions of the 2030 Comprehensive Plan and the City's Unified
Development Code.
Section 2. The Zoning District for the Property shall remain C-1 Local Commercial
District and the Ordinance allowing for the special use of a Multifamily, Attached Dwelling
Unit on the property is hereby adopted.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 4. If any provision of this Ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be
severable.
Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective in accordance with the provisions of state law
and the City Charter of the City of Georgetown.
APPROVED on First Reading on the 23rd day of January, 2024.
APPROVED AND ADOPTED on Second Reading on the 13th day of February, 2024.
Ordinance Number: 2vZLk - 07
Page 2 of 3
Description: Academia East Residential SUP Case File Number: 2023-11-SUP
Date Approved: Q Z V I
THE CITY OF
Josh Sc
Mayor
APPROVED AS TO FORM:
Skye Mass n
City Attorney
Ordinance Number: ?PZ!�T
Description: Academia East Residential SUP
Date Approved: 13 1"
ATTEST:
Robyn Densmore, TRMC
City Secretary
Page 3 of 3
Case File Number: 2023-11-SUP
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MC INTOSH HOLDINGS, L.L.C.
Thursday, November 9, 2023
Sofia Nelson, CNU-A,
Planning Director
City of Georgetown
406 West 8th
Georgetown, TX 78626
Re: Letter of Intent
Special Use Permit
605 E. University Suite 110
Dear Sofia,
Per your staff s instructions we are revising our letter of intent for our special use permit
application, for the purpose of building out the above listed unit as a first -floor residential
condo.
As you know the current configuration for this development is residential on the second floor
and commercial office and retail on the first floor. We wish to amend this configuration for the
following reasons:
1) Federal ADA guidelines provide that developments of this type have a certain
number of units that are accessible to the handicap user. There are exceptions for
certain types of developments and in 2016 an exception involving internal staircases
was cited for this development. A recent inspection by one of our ADA compliance
personnel, interpreted this differently and has recommended that a first -floor
residential unit be added if possible.
2) Federal Condo lending guidelines also stipulate that an accessible unit is
recommended and that lending guidelines prefer that the number of residential
units to commercial be greater than 50%. This conversion would satisfy both these
guidelines.
3) The applicant has an elderly relative and caretaker who would occupy the unit. She
can no longer manage stairs.
There are no compatibility issues here because we already have a mixed -use development. This
change in no way effects the development or neighborhood in any negative way. In fact, Old
Town lacks affordable housing and this would be an additional unit that would be affordable in
the future and handicap accessible. The following items detail how our application meets the
requirements.
— Established 1940 —
P.O. Box 2567, Georgetown, Texas 78627 1 Phone: (512) 763-8411 1 lhm@mcintoshholdings.com
Comprehensive Plan Goals
Goal 1: This project already meets this goal of balanced land use as it is the only Mixed -
use development of Retail, Office and Residential in the Old Town and it is on a major roadway.
Goal 3: By definition this project is the poster child of reinvestment in an existing
neighborhood and the revitalization of older building. This conversion of this unit to
residential fits with the City's desire to provide additional affordable housing in an expensive
area.
Goal 4: This project saved two older buildings and restored an historic home
Goal 6 This Special Use Permit will ensure diverse housing by providing affordable
housing for the elderly and handicap that we cannot currently provide.
Land Use Policies
LU.1 This project as expressed earlier, has created a balanced, mixed -use development
with retail, office and residential uses as well as adequate parking in the oldest neighborhood in
Georgetown.
LU.2 This is one of the few infill projects in old town, that also increased density but
still provided adequate parking.
LU.6 This project and its Special Use Permit will provide for a more diverse tenancy.
Additionally, the redevelopment of this site preserved several historic structures.
LU.7 The completed project turned an older eyesore into a beautiful addition to one of
Georgetown's important gateways.
LU.8 The majority of this project was off the tax rolls prior to acquisition by the
applicant. Now there are 19 new property owners and over five million dollars of valuation.
The City's tax base has been increased and diversified.
Approval Criteria Section 3.07.030
Item A: The application calls for a Conceptual plan but this not necessary for this
application. This project has a fully approved site plan, SDP-2016-041, which will not be
changed in any way for this to be approved by the City. Moreover, the adjacent units to this
suite are sound proofed and fully sprinkled. There will be no negative for either commercial or
residential occupant.
Item B: Item A addresses the fact that no conceptual plan is needed.
Item C:
1. The property is already zoned and the development is finished. The project is a
mixed -use development already, therefor there can be no negative impact. There is
no outward change as far as the neighborhood is concerned. There is however the
positive impact of creating a handicap access residential unit where one does not
currently exist.
2. See item A above
3. As with item 2, the property is completely built out and there is no change to
parking or any exterior part of the development. We have three spaces allotted for
the unit as commercial and we only need two for residential.
4. As with item two and three, no changes to the development so no impact on items
listed in number four.
I hope this adequately addresses the criteria in question. Per staffs request we are providing a
copy of the plat which includes the field notes.
IF
f� l
Managing Par
..
Condo Survey(complete)
Shot clock waiver form
Plat with field notes
Special Use Permit
Purpose: Seeking Permission to build a residential unit on the first floor
Zoning Property is zoned C1 in the Old Town District. Staff interpretation is that only
second floor residential is permitted.
Site Plan Approved as SDP-2016-041
Plat Property was replated and filed with the County on April 17, 2019
Document Number 2019032204
Plat and Legal description are attached
Site Plan Site plan is included along with condo survey showing unit location
<:�?
EST. IM
GEORGETOWN
TEXAS
JAN 1.6 REC�
C.
CITY OF GEORGET ' i ,, 'V; T
NOTICE OF PUBLIC HEARING
Comments £rom Neighboring Property_ Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the - described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison (YKelIev
Name of Respondent: C �! \ ��
(Please print name)
,y
Signature of Respondent:
ignature required r protest)
Address of Respondent: 0 U �r s i =moo
(Address require for protest)
I am in FAVOR: I OBJECT:
Additional Comments:
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historic@georgetown.org,. Any such comments may be
presented to the Commission.
Page 3 of 3
From: Georgetown Planning
Sent: Friday, December 22, 2023 8:38 AM
To: Maddison O'Kelley
Subject: FW: [EXTERNAL] Re: 2023-11-sup
Follow Up Flag: Follow up
Flag Status: Completed
Maddison,
Please see the change of a submitted public comment.
Very Respectfully,
Erica Metress
City of Georgetown I Planning Department
Planning Specialist
512-930-6817
erica, tnet ress@ eeo reetown.or
GEORGETOWN
TEXAS
more than tuctconte
From: Pamela Mitchell <pamela.i.mitchell@gm_ail.com>
Sent: Thursday, December 21, 2023 7:15 PM
To: Georgetown Planning <planning@georgetown.org>
Cc: Jake French <Jake.French@georgetown o >
Subject: [EXTERNAL] Re: 2023-11-sup
[EXTERNAL EMAIL} This email originatecJ fro hi outside r_,f City of GeofV,i tcvjn1 DU NOT click IInks or open
altarhme:ntsyou recognize andlnr trust the spnder.
Dear All,
After receiving information on the project (i.e. the initiative is to convert a lower business unt into a
living space compliant with ADA guidelines), I am changing my response to "Approve".
Please confirm that my response change has been recorded
Thanks kindly
Pam
On Wed, Dec 20, 2023 at 11:23 AM Pamela Mitchell <pamela.i.mitchell@gmail.com_> wrote:
Dear department of planning,
I will send this in the mail but please not my objection to the project 2023-11-sup.
Pam
EST. +8�9
GEORGETOWN
TEXAS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Neighboring ProperPropeft Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the - described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison O'Kelley
Name of Respondent: DS �t
(Please print na
Signature of Respondent:
i ature requireiFfor protest)
Address of Respondent: __ { S [-- : _ U",\% 3C',— lr-1.S
(Address required for protest)
I am in FAVOR: I OBJECT:
Additional Comments:
w ��1 eyn`c�9��
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historic@georgetown.org. Any such comments may be
presented to the Commission.
Page 3 of 3
M. IN48
GEORGETOWN
TEXAS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Neighboring Proper Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the — described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison O'Kelley
Name of Respondent: S
(Please print name)
Signature of Respondent: _.... ��
(Signature required for protest)
Address of Respondent: _ (r2-D S
(Address required for protest)
I am in FAVOR:
Additional Comments:
vr•-Je� N�
I OBJECT:
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historic2geoMetown.org. Any such comments may be
presented to the Commission.
Page 3 of 3
EST. iSag
GEORGETOWN
TEXAS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Neighboring Property Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the - described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison O'1CeIlev
Name of Respondent: EQ)�,•.�� L_,•.
(Please print name)
Signature of Respondent:
(Signature required for protest)
Address of Respondent: vc, l 1
(Address required for protest)
I am in FAVOR:
Additional Comments:
I OBJECT:
�n"t) rxs
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historicf eor etown.or . Any such comments may be
presented to the Commission.
Page 3 of 3
GE0RGETOWN
TEXAS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Neigh--bodng ftopegy Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the — described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison Q'Keiley
Name of Respondent: 0 6 ! rn Ve, y; ,fir, S LL C ri tG f��
(Please print name)
Signature of Respondent:
(Signature required for protest)
Address of Respondent: 7'd1 ►r ho . .wear efmm / X 1:19(o0?&
(Address required for protest)
I am in FAVOR:
AddWiiaaaCa „ ents-
I OBJECT:
TAG
aceh ins
q nel
ISS in
a ,5deC ,A1
A Y.,"
-pYI"a
0.4.v,4" _
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historic@ yeor _ etown,nr .. Any such comments may be
presented to the Commission.
Page 3 of 3
EST t 849
GEORGETOWN
TEXAS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Neighboring Property Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the — described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison O'Kelley
Name of Respondent: _ _ \-N- . �-
(Please pri
Signature of Respondent:
re require for protest)
Address of Respondent:
(Address required for protest)
I am in FAVOR:
Additional Comments:
I OBJECT:
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historic(? eor etawn.or . Any such comments may be
presented to the Commission.
Page 3 of 3
EST. 184E
GEORGETOWN
TEXAS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Neighboring Property Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the - described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison O'Kelley
Name of Respondent:
(Please print r►am�)
I fi
Signature of Respondent: 'A
— gnature required for protest)
Address of Respondent:
(Address required for protest)
I am in FAVOR:
Additional Comments:
I OBJECT:
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historicQgeorgetown.org. Any such comments may be
presented to the Commission.
Page 3 of 3
AEST. 18�8
GiETOWN
EXAS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Neighboring .ProReriy Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the - described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison O'Kelley
Name of Respondent: C- TYv.--s e..
(Please print name
Signature of Respondent:
'gnature required for protest)
Address of Respondent: CDC a "we-Mx�+--/ 41,1DS
(Address required for protest)
I am in FAVOR:
Additional Comments:
I OBJECT:
Written comments may be sent to City of Georgetown Plarming Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historicifteorgetown.org. Any such comments may be
presented to the Commission.
Page 3 of 3
f.ST. lade
GE0RGETOWN
TEXAS
CITY OF GEORGE
NOTICE OF PUBLIC
Comments from Neighboring Property Owners
7 Al
DEC 2 2 RECD
OT''" iJ
PLAiv;�:NG DE -PAR l 4,4E:NT
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the - described petition by returning this
comment form and/or by attending one or both of the scheduled public hearings on the matter.
Project Name/Address: Academia East Residential/605 University suite 110
Project Case #: 2023-11-SUP P&Z Date: 1 2 2024 Case Manager: Maddison O'Kellev
Name of Respondent:
(Please print name)
Signature of Respondent:
(Signature required for protest)
Address of Respondent: r L , c ! G r'
(Address required for protest)
r
I am in FAVOR:
Additional Comments:
I OBJECT: _ `\-
'V' L—i��l.�i_ t`� � ( i � J� f' �� _ !- ,�' r� /i ri i� i •- �" • �/, f l —
1-1 L ✓ G'i' ev - _ .
"Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409,
Georgetown, Texas 78627. Emailed comments may be sent to �l�i�tirli�� ►[++ ,c�t��. �eta��� �z.�tir �. Any
such comments may be presented to the Commission. Please note the deadline to submit public
comments is Thursday, prior to the posted Planning and Zoning meeting, and Tuesday prior to
the posted Council Meeting, by Spm. Comments received after this time frame will still be
included in the tally count, however, will not be included in the staff report for this agenda item.
If you have questions or concerns, please contact your case manager directly."
Page 3 of 3
T. 1948
G>+OR:(:�ETOWN
AS
CITY OF GEORGETOWN
NOTICE OF PUBLIC HEARING
Comments from Nei boring Property Owners
You are being notified as a requirement of the City of Georgetown Code of Ordinances. You are
invited to express your views or concerns regarding the - described petition by returning this
comment form and/or by attending the public hearing on the matter.
Project Name/Address: Academia East Residential/605 E. University Suite 110
Project Number: 2023-11-SUP City Council Date: 1 23 2024 Case Manager: Maddison O'Kelley
Name of Respondent:
Peter H. Dana
(Please print name)
1� Jr-1
Signature of Respondent:a�ra-
Address of Respondent:
I am in FAVOR:
Additional Lwiunents:
(Signature required for protest)
1101 S Walnut St. Georgetown Texas 78626
(Address required for protest)
I OBJECT:
X
gttaehed HRT-ML downloaded December 30, 2023, January 2, 2024, and January 16, 2024.
Note that this Web site is posted by McIntosh & Scott LLC, controlled by the applicant.
This Web site expressly lists ground floor units 609/115, 605/115, and 605/102 as
"...can also be used for residential," and "residential use permitted."
Written comments may be sent to City of Georgetown Planning Department, P. O. Box 409, Georgetown,
Texas 78627. Emailed comments may be sent to historigfteorgetown.org. Any such comments may be
presented to the Commission.
Page 3 of 3
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605-701 E University Ave
Georgetown, TX 78626
- Georgetown -Leander (/cont/georgetown-leander-georgetown-
tx/retail-properties-for-sale)
$347,845 - $537,280 USD
Storefront Retail Office Condos For Sale • 953+SF
Property Details
Mickey Scott
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McIntosh & Scott LLC
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Property Type Storefront Retail Office Total Building Size 14,358 SF
BulldingClass B Year9ulH 2019
Tenancy Multiple Zoning F1
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3 Units Available
Name Condo Use size Price Details
1st Floor- Unit 609/115 Office/Retail 1.246 SF S454,790 USO Hide details
Unit Size: 1.24y $> Cando use; ofticelRelall
Price: 3454,740 USD sale Type: Investment or owner User
Price/SR $36SADU50
Description
Space is in shell condition. Plumbing for restroom and electrical
have been stubbed in. HVAC in place. Can also be used for
residential.
1st Floor • Unit 605/115 MedlWoflite 1,472 Sr S537,2$0 USD View details \/
1st Floor - Unit 6051102 Omce W SF $347.845 USD View details \/
Description
Mixed use development, completely remodeled, the unoccupied
space is in white box condition. The two occupied units are on short
term leases, All available units are ground level. Residential use
permitted.
V SAVE
Amenities
MC INTOSH HOLDINGS, L.L.C.
Thursday, January 25, 2024
Maddison O'Kelley
Planning Department
City of Georgetown
406 West 8th
Georgetown, TX 78626
Re: Council Meeting presentation
Dear Maddison,
I have talked with my Austin Associate Mr. Scott and I have looked at the Loop Net Ad
discussed Tuesday night. Mr. Dana is correct that this was posted. As I said in the meeting, I
had never seen this Ad, or been aware that it was on line. If I had, I would have corrected it.
The intent of the ad was to let a prospective Buyer know that we had a residential component to
the project. There is a market for living on the second floor and working on the first. We have
had several parties look at this. The project was designed with this in mind.
It was never our intent to offer a first -floor space for sale as a residential unit. We would need
to cut the price and incur a substantial TFO expense to accomplish this goal. It would not make
financial sense. Mr. Scott has removed any reference to residential uses in the advertisement.
While this was an administrative error, I wanted to offer this explanation for the purposes of
clarity and full disclosure.
Sincerel
c14tos
M- caging Partner
Cc Peter Dana
-- Established 1940 —
P.O. Box 2567, Georgetown, Texas 78627 1 Phone: (512) 763-8411 1 ]hm@mcinloshholdings.com