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HomeMy WebLinkAbout08/07/2012 - Regular Agenda Packet - Zoning Board of Adjustments (5) Zoning Board of Adjustment August 7, 2012 6:00 PM City Hall Council Chambers 1101 Texas Avenue, College Station, Texas AGENDA ZONING BOARD OF ADJUSTMENT Regular Meeting Tuesday, August 7, 2012 at 6:00 PM City Hall Council Chambers 1101 Texas Avenue College Station, Texas 77840 1. Call to order – Explanation of functions of the Board. 2. Discussion of requested Administrative Adjustments.  12-139 (AA-Residential Dimensional Standards) 1216 Westover Street (JPaz)  12-151 (AA-Residential Dimensional Standards) 4925 Whistling Straits Loop (JPaz) 3. Consideration, discussion and possible action to approve meeting minutes.  July 9, 2012 meeting minutes. 4. Presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 7.4.I.2, “Attached Signage”, to allow for an additional 20 square feet of attached signage for Subway, located within the Wal- Mart Supercenter. 5. Consideration and possible action on future agenda items – A Zoning Board Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 6. Adjourn. Consultation with Attorney {Gov’t Code Section 551.071; possible action. The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, August 7, 2012 at 6:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the_____day of__________, 2012 at______p.m. CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ David Neeley, City Manager I, the undersigned, do hereby certify that the above Notice of Regular Meeting of the Zoning Board of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on___________________p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: ______________________ by _________________________. Dated this _____ day of____________, 2012. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the _____ day of_______________, 2012. ______________________________ Notary Public- Brazos County, Texas My commission expires:_________________ This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov. M I N U T E S ZONING BOARD OF ADJUSTMENT Regular Meeting July 9, 2012 Council Chambers 1101 Texas Avenue 7:00 P.M. MEMBERS PRESENT: Chairman Rodney Hill, Josh Benn, Hunter Goodwin, Melissa Cunningham, and Alternate Jim Davis MEMBERS ABSENT: Dick Dabney STAFF PRESENT: Staff Assistant Kristen Hejny, Planning Technician Jenifer Paz, Staff Planner Morgan Hester, Assistant Director Lance Simms, Assistant City Attorney Adam Falco, Legal Intern Braxton Bragg and Action Center Representative Carrie McHugh AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board. Chairman Hill called the meeting to order at 7:06 p.m. AGENDA ITEM NO. 2: Discussion of requested Administrative Adjustments.  Case 12-43 - Residential Dimensional Standards; 504 Holleman Dr. (PAZ) Planning Technician Paz provided a brief overview of the administrative adjustment. AGENDA ITEM NO. 3: Consideration of Absence Requests.  Dick Dabney – July 9, 2012 Mr. Benn motioned to approve the absence request. Mr. Davis seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration, discussion and possible action to approve meeting minutes.  April 3, 2012 meeting minutes. Ms. Cunningham motioned to approve the minutes. Mr. Benn seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 7.4.I.2, “Attached Signage”, to allow for an additional 20 square feet of attached signage for Subway, located within the Wal-Mart Super Center. Staff Planner Hester presented the staff report and stated that the applicant is requesting a variance to allow Subway to be granted 20 additional square footage of signage to put a sign on the front façade of the Wal-Mart Super Center. Ms. Hester ended by stating that, staff is recommending approval. Chairman Hill opened the public hearing. There were no speakers. Chairman Hill closed the public hearing and called for a motion. There was general discussion amongst the Board. Mr. Benn motioned to table the item due to a lack of information. Ms. Cunningham seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 6: Adjourn. The meeting was adjourned at 7:30 p.m. ATTEST: APPROVED: _________________________________ _________________________________ Kristen Hejny, Staff Assistant Rodney Hill, Chairman Zoning Board of Adjustment Page 1 of 6 July 9, 2012 VARIANCE REQUEST FOR 1815 Brothers Boulevard REQUEST: Variance to 7.4.I.2. “Attached Signage”, to allow for an additional 20 square feet of attached signage for Subway, located within the Walmart Supercenter. LOCATION: 1815 Brothers Boulevard APPLICANT: Mike Haggerty, Wakefield Signs PROPERTY OWNER: Walmart Real Estate Business Trust PROJECT MANAGER: Morgan Hester, Staff Planner mhester@cstx.gov RECOMMENDATION: Staff recommends approval. BACKGROUND: In 2009, the Walmart Supercenter was granted a variance to increase their allowable attached signage area by 50.64 square feet (for a total area of 550.64 square feet). Section 7.4.I ‘Attached Signs’, of the Unified Development Ordinance (UDO) allows commercial buildings to utilize a total of two and a half (2.5) square feet of attached signage for every linear foot of public entry façade(s), up to a maximum of 500 square feet of attached signage. Due to the length of their public entry façade (approximately 675 feet), Walmart is permitted a maximum of 500 square feet of attached signage. When granting the additional 50.64 square foot variance, The ZBA determined that there was a hardship due to the size of the building, the building’s location relative to Texas Avenue South and Harvey Mitchell Parkway South, and the visibility of the attached signs from public streets. Subway is currently located inside of the Walmart Supercenter at 1815 Brothers Boulevard and is seeking a sign variance to allow an additional 20 square feet of attached signage (for a total of 570.64 square feet of attached signage). APPLICABLE ORDINANCE SECTION: Section 7.4.I.2. “Attached Signs” ORDINANCE INTENT: The purpose of the City’s sign regulations is to promote an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and commercial information. Zoning Board of Adjustment Page 2 of 6 July 9, 2012 Zoning Board of Adjustment Page 3 of 6 July 9, 2012 Zoning Board of Adjustment Page 4 of 6 July 9, 2012 NOTIFICATIONS Advertised Board Hearing Date: July 9, 2012 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Regency South Homeowners Association Property owner notices mailed: 25 Contacts in support: None as of date of Staff Report. Contacts in opposition: None as of date of Staff Report. Inquiry contacts: Four as of date of Staff Report. ZONING AND LAND USES Directio n Zoning Land Use Subject Property C-1 General Commercial Retail Center (Walmart and former Albertson’s) North C-1 General Commercial Fast Food Restaurants. Across Harvey Mitchell Parkway (FM 2818) and Texas Avenue are several retail establishments, a bank, and a retail center South R-6 High-Density Multi-Family Across Longmire are apartment buildings East C-1 General Commercial, R-6 High-Density Multi-Family, PDD Planned Development District Fast Food Restaurant and office building. Across Brothers Boulevard is a retail center, duplexes, and patio homes West C-1 General Commercial Retail. Across Longmire Drive are two banks and a service station. PHYSICAL CHARACTERISTICS 1. Frontage: Approximately 1,000 feet along the Texas Avenue South / Harvey Mitchell Parkway South (2818) curve. Approximately 675 feet along Brothers Boulevard and approximately 800 feet of frontage along Longmire Drive. 2. Access: Driveways to the subject property exist on Texas Avenue (1), Longmire Drive (3), and Brothers Boulevard (2). 3. Topography and vegetation: Relatively flat with planted vegetation dispersed in parking islands and along street frontages. 4. Floodplain: N/A REVIEW CRITERIA 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. Zoning Board of Adjustment Page 5 of 6 July 9, 2012 In 2009, the Board granted a variance for additional attached signage for the Walmart Supercenter based on several special conditions - the size of the building, the location of the building relative to Texas Avenue South and Harvey Mitchell Parkway South, and the visibility of the signs from Texas Avenue South. 2. Enjoyment of a substantial property right: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. As a tenant located inside of the Walmart Supercenter, the variance would assist Subway in effectively communicating their location. 3. Substantial detriment: That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this UDO. Because the purpose of the City’s sign regulations is to limit attached signage in order to enhance aesthetics and increase traffic safety, it is staff’s opinion that the variance will not be detrimental to the public health, safety, or welfare because the attached sign will be located on the building approximately 400 – 1,000 feet from the public roadways. 4. Subdivision: That the granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of this UDO. These variance requests would not affect the orderly subdivision of other land. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements. These variance requests would not affect the preventing of flood hazard protection. 6. Other property: That these conditions do not generally apply to other property in the vicinity. The applicant has not identified a special condition related to the land; however, the Board determined in 2009 that a hardship came with the property based on the size of the building, the location of the building relative to Texas Avenue and Harvey Mitchell Parkway, and the visibility of the signs from Texas Avenue. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The applicant has stated that Walmart is unwilling to remove any existing wall signs to accommodate their request for an attached sign. 8. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. The Comprehensive Plan does not specifically speak to attached sign sizes, but does have a primary focus on community character, including aesthetics. The purpose of the sign regulations contained in the Unified Development Ordinance is to enhance aesthetics and vehicular safety. It is Staff’s opinion that because of the distance to the Zoning Board of Adjustment Page 6 of 6 July 9, 2012 public roadway and the length of the façade, the spirit of both the Comprehensive Plan and the UDO is met. 9. Utilization: That because of these conditions, the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. Given the distance between the subject property and the public roads, a strict application of the UDO would effectively prohibit or unreasonably restrict the utilization of the property. ALTERNATIVES The applicant has not offered any alternatives to their request. However, the Walmart Supercenter could allocate 20 square feet of their attached signage area to Subway. STAFF RECOMMENDATION Staff recommends approval due to the fact that, in 2009, the ZBA determined that a hardship exists at this location due to the size of the building, the building’s location relative to Texas Avenue South and Harvey Mitchell Parkway South, and the visibility of the attached signage from public streets. . SUPPORTING MATERIALS 1. Application 2. Survey FOR OFFIG US ONLY CASE NO 1 r r DATE SU TTE 10G1 TIMECITYOFCOLLEGESTATION Home ofTexasA6111 University STAFF ZONING JU TM NT APPLICATION r MINIMUM SUBMITTAL REQUIREMENTS 350 Zoning Board of Adjustment Application Fee Es Application completed in full This application form provided by the City of College Station must be used and may not be adjusted or altered Please attach pages if additional information is provided Additional materials may be required of the applicant such as site plans elevation drawings sign details and floor plans The applicant shall be informed of any extra materials required Date of Optional Preapplication Conference ADDRESS f 3 j Yr RVd LEGAL DESCRIPTION Lot Block Subdivision APPLICANTPROJECT MANAGERS INFORMATION Primary contact for the project Name itl 11c Ti E mail tet2efo sfgy rI tf C X o Street Address t City CC S ate Zip Code Phone Number 7 cse00 Fax Number PROPERTY OWNERS INFORMATION Please attach an additional sheet for multiple owners Name l tti t 1t E mail bk Li lLu C 612 Street Address q lWtt City C k State Zip Code 1 r S 0 Phone Number 6C P 3 23 Fax Number 17 I53 Current zoning of subject property Action requested check all that apply Setback variance Appeal of Written Interpretation Parking variance Special Exception Sign variance Drainage Variance Lot dimension variance Other Applicable ordinance section to vary from f 1010 Page 1 of 5 GENERAL VARIANCE REQUEST 1 The following specific variation from the ordinance is requested e vAri e7Lc o i MMc i s 2 This variance is necessary due to the following special conditions Special Condition Definition To justify a variance the difficulty must be due to unique circumstances involving the particular property The unique circumstances must be related to a physical characteristic of the property itself not to the owners personal situation This is because regardless of ownership the variance will run with the land Example A creek bisecting a lot a smaller buildable area than is seen on surrounding lots specimen trees Note A cul desac is a standard street layout in College Station The shape of standard cul de sac lots are generally not special conditions Cl t ourl Vok s U ck O S CSC u to CJ i tln CYO r t1 A 3 The unnecessary hardshipsinvolved by meeting the provisions of the ordinance other than financial hardship isMrr Hardship Definition The inability to make reasonable use of the property in accord with the literal requirements of the law The hardship must be a direct result of the special condition Example A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot when compared to neighboring properties 4 The following alternatives to the requested variance are possible 5 This variance will not be contrary to the public interest by virtue of the following facts RooC vJ6liV V41 LA K kji C 1 L 641 2 The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true correct and complete IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY this application must be accompanied by a power of attorney statement from the owner If there is more than one owner all owners must sign the application or the power of attorney If the owner is a company the application must be accompanied by proof of authority for the companysrepresentative to sign the application on its behalf Cj qi i 0 IT Signature and titl Date 1010 Page 2 of 5 FOR OFFICE USE ONLY CASE N0 DATE SUBMITTED CITY OF STATION TIME Horne of Texas AdM STAFF ZONING BOARD J TM T APPLICATION MINIMUM SUBMITTAL REQUIREMENTS p 350 Zoning Board of Adjustment Application Fee MI Application completed in full This application form provided by the City of College Station must be usedandmaynotbeadjustedoralteredPleaseattachpagesifadditionalinformationisprovidedAdditionalmaterialsmayberequiredoftheapplicantsuchassiteplanselevationdrawingssigndetailsandfloorplansTheapplicantshallbeinformedofanyextramaterialsrequired Date of Optional Preapplication Conference ADDRESS 1815 Brothers Blvd LEGAL DESCRIPTION Lot Block Subdivision College Station Southwood Lot 1 APPLICANTPROJECT MANAGERS INFORMATION Primary contact for the project Name Mike Haggerty Email wakefield @signsourcefxcom Street Address 10187 State Hwy 30 City College Station State Tx Zip Code 77845 Phone Number 776 5800 Fax Number 7765882 PROPERTY OWNERS INFORMATION Please attach an additional sheet for multiple owners Name Walmart Email Street Address 1815 Brothers Blvd City College Station State Tx Zip Code 77845 Phone Number 693 3095 Fax Number Current zoning of subject property C 1 Action requested check all that apply Setback variance Appeal of Written Interpretation Parking variance Special Exception p Sign variance Drainage Variance Lot dimension variance Other Applicable ordinance section to vary from Section 74 2 10110 Page 1 of 5 GENERAL VARIANCE REQUEST 1 The following specific variation from the ordinance is requested An additional 20 SF of wall signage is requested by Subway Currently Walmart has 55064 SF of wall signs 2 This variance is necessary due to the following special conditions Special Condition Definition To justify a variance the difficulty must be due to unique circumstances involvingtheparticularpropertyTheuniquecircumstancesmustberelatedtoaphysicalcharacteristicofthepropertyitselfnottotheownerspersonalsituationThisisbecauseregardlessofownershipthevariancewillrunwiththeland Example A creek bisecting a lot a smaller buildable area than is seen on surrounding lots specimen trees Note A culde sac is a standard street layout in College Station The shape of standard cul de sac lots aregenerallynotspecialconditions Subway has no dedicated entrance info its lease space Access to Subway is through Walmartscommon doors Thecodehasnoprovisionforalackofadedicatedentranceintoaeasespace 3 The unnecessary hardships involved by meeting the provisions of the ordinance other than financial hardship isareHardshipDefinitionTheinabilitytomakereasonableuseofthepropertyinaccordwiththeliteralrequirementsofthelawThehardshipmustbeadirectresultofthespecialcondition Example A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot whencomparedtoneighboringproperties Walmart is unwilling to remove any existing wall signs to accommodate Subways request for a wall sign 4 The following alternatives to the requested variance are possible None 5 This variance will not be contrary to the public interest by virtue of the following factsIThevariancewillallowSubwaythesameopportunityforvisibilityasanyotherbusiness as allowed by code I The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto aretruecorrectandcompleteIFTHISAPPLICATIONISFILEDBYANYONEOTHERTHANTHEOWNEROFTHEPROPERTYthisapplicationmustbeaccompaniedbyapowerofattorneystatementfromtheownerIfthereismorethanoneownerallownersmustsigntheapplicationorthepowerofattorneyiftheownerisacompanytheapplicationmustbeaccompaniedbyproofofauthorityforthecompanysrepresentativetosigntheapplicationonitsbehalf 4 1 1 t011Signatureandtitled113celnArloDate g59iRce 1010 Page 2 of 5