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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 3 �~ a N N O N � W zI s p]NE ST W w is inNivM a S COLLEGE ST- ASH S7 �Fn x 6 y5 N73 Z O � z� 1- O a N � c w z v a - w w t Z fn w Z aa c m w w w 'm E LL f U w w c v SO 'a JnmIL 4 w` Ac-n �{ �aOW c E n yU z O a ,n O w w w w a a a a{ g j Q a L, Ui k l l 1 1 H', 1■■■■ LLir w o O r 1 r I PINE sr O fn p C � CX .� G Z 151f1HlVM a G ,W s cau.awcE sr C O -- C asx sT G w 15 W33 m ?�aa. ID =ww Z cn Z YD O 15 1R117MM .. COLLEGE Sf - m u, ice s A -1 tfia r 1 ...- Lo L LA c cc 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 c i Y F E ET(https://www.cityfeet.com) T • C O M BACK (HTTPS://WWW.CITYFEET.COM) €= List Search Message Ci SAVE Home (/cont/commercial-properties-for-sale) / Texas (/cont/texas/retail-properties-for-sale) / Williamson County (/cont/williamson-county-tx/retail-properties-for-sale) / Georgetown (/cont/georgetown-tx/retail-properties-for-sale) / 605-701 E University Ave Media Map Street View 1 of 6 605-701 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 Call McIntosh & Scott LLC First Name Your First Name Last Name Your Last Name ' Phone (XXX) XXX-XXXX - Email Your Email Your Message Please send me additional information. Message yl Property Type Storefront Retail Office Total Building Size 14,358 SF BulldingClass B Year9ulH 2019 Tenancy Multiple Zoning F1 BACK (HT rPS://WWW.CITYFEET.COM) 0 77 Transit Score Walk Score 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