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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Crissy Hartl, Staff Planner Report Date: January 22, 2008 Email: chartl@cstx.gov Meeting Date: February 5, 2008 Project Number: 07-00500148 APPLICANT: Shannon Pennington, McCoAd Sign Company REQUEST: A variance to the number of sign colors in the OV Overlay District LOCATION: 1100 University Drive East PURPOSE: To allow for eight colors on a freestanding sign GENERAL INFORMATION Status of Applicant: Agent for Property Owner Property Owner: Kyle Legends I, LP Applicable Ordinance Section: 5.8.A.2.a of the Unified Development Ordinance PHYSICAL CHARACTERISTICS Zoning and Land Use ■ Subject Property: C-1 General Commercial and OV Overlay - developed as a hotel • North: C-1 General Commercial, A-P Administrative Professional and OV Overlay across University Drive - developed as office and a hotel • West: C-1 General Commercial & OV Overlay - developing as Red Lobster restaurant • East: C-1 General Commercial & OV Overlay - developed as McAllister's Deli and Hawthorne Suites • South: C-1 General Commercial, OV Overlay and R-4 Multi-Family - vacant property and the Cedar Creek Condominiums Frontage: The subject property has approximately 450 feet along University Drive. Access: The property has access via two driveways on University Drive. Topography & Vegetation: Relatively flat with some vegetation. Flood Plain: The subject property has floodplain on the rear of the lot. VARIANCE INFORMATION Background: This property, and the majority of the University Drive East corridor, is zoned OV Overlay, in addition to its underlying zoning district. The Overlay has been applied to gateways and corridors that the City Council has stated should be visually enhanced. The Overlay includes increased aesthetic requirements, including greater building and parking setbacks, limited building colors, and limitations to signs, such as decreased height and a limited number of fonts and colors that can be used. The ordinance allows for a maximum of three colors (plus black and white) and one of the colors must match another color used on the building. The applicant has submitted a sign permit for the Hyatt Place that includes text and a logo. The logo contains eight colors (including black). Ordinance Intent: The Overlay district was established to enhance the image of gateways and key entry points, major corridors, and other areas of concern within the City, by maintaining a sense of openness and continuity. To help reach this vision, the City Council adopted the standard that only three colors (plus black and white) could be used on a sign in this district. ANALYSIS Special Conditions: The applicant has stated the following as a special condition for this property: "The property owner has contracted with Hyatt Place and must follow the corporate logo colors and registration - if he doesn't, his property value is affected, as the property cannot be used for its intended use." Hardships: The applicant has stated the following as the resulting hardship: "This is limiting the land use and profitability. The hardship requires that the property owner cannot contract with any company that has more than three colors in their logo. It is also a hardship if the logo changes." Alternatives: The applicant states that there are no alternatives to the variance request. Recommendation: Because the City Council has designated the University Drive East corridor for enhanced aesthetic protection, staff recommends denial of the request. In addition, staff does not believe that there is a unique circumstance, or special condition, involving the particular property since the majority of the University Drive East corridor is zoned OV Overlay and is subject to the same restrictions. Since variances run in perpetuity with the land, it is necessary for applicants to show special conditions that are tied to the land and not to a personal situation. The special condition(s) of the land must result in a hardship that is other than purely financial. Since ordinance standards are adopted by the City Council, land or business owners arguing not the application of a standard, but the existence of the standard may ask the City Council to change the standard. SPECIAL INFORMATION Number of Property Owners Notified: 9 Responses Received: Staff has received one inquiry phone call. ATTACHMENTS 1. Small Area Map and Aerial Map 2. Application 3. Sign photographs (will be available at meeting)