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HomeMy WebLinkAboutCorrespondence ., (kir'1111111114 CITY OF COLLEGE STATION September 18, 2006 Natalie Ruiz, AICP IPS Group, Planning Solutions 511 University Drive East, Suite 211 College Station, TX 77840 RE: Written Interpretation for Gateway Subdivision Lots 7, 8, 1AR-1, 1AR-2 and 11, Block 1 Dear Ms. Ruiz: This letter is in response to your request for a written interpretation concerning the application of a building plot or premise, "shopping center", and off-street parking standards, specifically as it relates to the properties identified with Home Depot, Linen- N-Things, Talbot's, and Wings 'n More. The Zoning Ordinance (Ordinance No. 1638) in effect when Wings 'n More was developed stated the following definitions: BUILDING PLOT OR PREMISES: All of the land within a project, whether one or more lots, developed according to a common plan or design for similar or compatible uses, which singularly or in phases is treated as such for site plan review purposes. The determination of the boundaries of a building plot shall be made as the first step in the site plan or project review, unless such determination has previously been made at the time of plat approval. For development not subject to site plan review, the building plot or premises shall be the exterior boundary of any included lots, in the event that the structure is building upon more than one lot. SHOPPING CENTER: A building plot developed or ultimately to be developed with three (3) or more stores, shops, or commercial enterprises, and which has shared parking facilities or access. As per the definitions, to be a shopping center (and therefore, in this case, provide a less intense parking ratio), a project first had to be determined to be a building plot or premises. There is no notation on the plats or site plans that state the subject developments were of the same building plot for site plan review purposes. By definition, the determination of a building plot is not done retroactively. As you have indicated, there is a shared signage agreement among the subject properties. General Note No. 10 on the Replat and Final Plat of Lots 1AR, Lot 8 & Lot 12, Block 1 Phase 1 & Lot 1, Block 1 Phase 3 of the Gateway Subdivision states that the heart of the Research Valley P.O.BOX 9960 1101 TEXAS AVENUE COLLEGE STATION•TEXAS•77842 979.764.3510 www.cstx.gov "Lots 12, 1AR & 8, Block 1 Phase 1 have been included as part of the Home Depot Building plot for its free standing signage". Subsequent replats did not continue this agreement. The sharing of signage has been (and is) common practice in an effort to reduce the number of freestanding signs (to the benefit of the City) and, to the benefit of the commercial developments, to allow for a larger freestanding sign than could be obtained by an individual lot and to permit what otherwise would be considered non- allowable off-premise signage. As stated on the site plan checklist that is a required submittal of each site plan application, sign permitting is a separate function from site plan approval. The application of shared signage does not imply any site-plan related developmental benefits and encumbrances related to being a building plot for site plan review purposes. This interpretation may be appealed to the Zoning Board of Adjustment (ZBA). The next available meeting date is November 7, 2006. The submittal deadline for the November meeting is 10 a.m. on October 2, 2006. I trust this information is useful. Please contact me at 979.764.3570 should you have any questions. Sincerely, itA Lance Simms, CBO Acting Director, Planning & Development Services CC: File#05-185