Loading...
HomeMy WebLinkAbout03/05/2013 - Regular Agenda Packet - Zoning Board of Adjustments Zoning Board of Adjustment March 5, 2013 6:00 P.M. Regular Meeting City Hall Council Chambers 1101 Texas Avenue, College Station, Texas AGENDA ZONING BOARD OF ADJUSTMENT Regular Meeting Tuesday, March 5, 2013 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. Consideration of absence requests. Marsha Sanford ~ October 2, 2012 Hunter Goodwin ~ March 5, 2013 3. Consideration, discussion and possible action to approve meeting minutes. December 4, 2012 meeting minutes. 4. Public hearing, presentation, discussion, and possible action on a sign variance request to the Unified Development Ordinance, Section 7.5.H., Apartment / Condominium / Manufactured Home Park Identification signs, for Campus View Apartments, located at 401 Harvey Road and 600 University Oaks which are zoned R-6 High Density Multi-Family. Case # 12- 00500251 (M. Hester) 5. Public hearing, presentation, discussion, and possible action on a variance to the College Station Code of Ordinances, Chapter 2 – Animal Control, Section 2.3.B.3, setback between poultry structures and dwellings for the property located at 1217 Remington Court which is zoned R-1 Single-Family. Case # 13-00900040 (T. Rogers) 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, March 5, 2013 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__________, 2013 at______p.m. CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ Frank Simpson, 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____________, 2013. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the _____ day of_______________, 2013. ______________________________ 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. Absence Request Form For Elected and Appointed Officers Name Marsha Sanford Request Submitted on 10-2-12 I will not be in attendance at the meeting of 10-2-12 for the reason(s) specified: (Date) Sick. Per e-mail DGR Absence Request Form For Elected and Appointed Officers Name Hunter Goodwin Request Submitted on 1/24/13 I will not be in attendance at the meeting of 3/5/2013 for the reason(s) specified: (Date) Will be out of town working. M I N U T E S ZONING BOARD OF ADJUSTMENT Regular Meeting December 4, 2012 Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Hunter Goodwin, Josh Benn, Jim Davis, Marsha Sanford, Dick Dabney, Scott Simpson, Gary Erwin STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Morgan Hester and Teresa Rogers, Assistant Director Lance Simms, Senior Assistant City Attorney Adam Falco, Action Center Representative Mandi Luedecke AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board. Chairman Goodwin called the meeting to order at 6:00 p.m. AGENDA ITEM NO. 2: Discussion of requested Administrative Adjustments.  Case # 12-239 ~ 201 Holleman Drive East ~ Off-Street Parking  Case # 12-240 ~ 4207 Norwich ~ Residential Dimensional Standards There were no discussions regarding Administrative Adjustments. AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting minutes.  October 2, 2012 meeting minutes Board Member Benn motioned to approve the October 2, 2012 meeting minutes. Board Member Dabney seconded the motion, which passed (5-0). . AGENDA ITEM NO. 4: Public hearing, presentation, discussion and possible action on a variance request to the Unified Development Ordinance, Section 7.5.N, Freestanding Commercial Signs, to allow a freestanding sign to be located at 1150 University Drive East. Case # 12- 00500206 (TR) Chairman Goodwin and Board Member Benn abstained from discussion and voting on Agenda Item No. 4. Board Member Dick Dabney assumed position as Acting Chairman. Alternate Board Members Gary Erwin and Scott Simpson also stepped in to serve during Agenda Item No. 4. Staff Planner Rogers presented the staff report and stated that the applicant was requesting a variance to allow an additional freestanding sign on the building plot. Ms. Rogers made a correction to the staff report and asked the Board to disregard staff’s response to item # 3, Substantial Detriment. She ended her staff report by telling the Board that staff was recommending denial. Acting Chairman Dabney opened the public hearing. Stepping forward to speak in favor of the request was: Chris Peterson, Ronald Towery, and Chris Scotti. Stepping forward to speak in opposition of the request was: Veronica Morgan, Roger Copas, and Buck Paoline. All stepping forward to speak were sworn in by Acting Chairman Dabney. Acting Chairman Dabney closed the public hearing. There was general discussion amongst the Board. Board Member Davis motioned to deny the variance. Board Member Simpson seconded the motion. The Board continued to discuss the item. Acting Chairman Dabney called for the vote. Motion to deny passed (4-1). Board Member Sanford voting against. Chairman Goodwin and Board Member Benn assumed their positions; Alternate Board Members Erwin and Simpson stepped down. AGENDA ITEM NO. 5: Public hearing, presentation, discussion and possible action on a sign variance request to the Unified Development Ordinance, Section 7.5.N, Freestanding Commerical Signs, to allow a reduced setback for a freestanding sign at 12850 Old Wellborn Road # 300. Case # 12-00500210 (MTH) Staff Planner Hester presented the staff report and stated that the applicant was requesting a variance of 20 feet to the 70-foot freestanding sign setback. She ended her staff report and stated that staff was recommending denial because staff believes that alternatives to the location of the sign could be based on moving the proposed driveway or putting the sign closer to the building in the grass area adjacent to the parking lot. There were general discussions amongst the Board. Chairman Goodwin opened the public hearing. Stepping forward to speak in favor of the request was: Chris Pletcher and Chuck Moreau. All stepping forward were sworn in by Chairman Goodwin. With no one stepping forward to speak in opposition, Chairman Goodwin closed the public hearing. Board Member Benn motioned to authorize a variance to the sign variance due to the special condition of: the railroad easement being adjacent to the property; and a hardship due to the fact of lack of signage to major a thoroughfare. Mr. Davis seconded the motion. There were general discussions amongst the Board on the special conditions of the property. Mr. Benn amended the motion to add: the unique special condition not generally found within the city; the condition and use of Old Wellborn Road. Chairman Goodwin called for the vote. Motion to approve the variance passed (5-0). AGENDA ITEM NO. 6: Public hearing, presentation, discussion and possible action on a sign variance request to the Unified Development Ordinance, Section 7.5.Y, Signs for Permitted Non- Residential Uses in Residential or Agricultural Districts, to allow a height and area increase for a sign at 2541 Earl Rudder Freeway South. Case # 12-00500219 (TR) Staff Planner Rogers presented the staff report and stated that the applicant was requesting a variance of 30 feet to the allowable low profile sign height and a 225 square-foot variance to the allowable low profile sign area. She ended her staff report and stated that staff was recommending denial. Chairman Goodwin opened the public hearing. Stepping forward to speak in favor of the request was: Ron Gay, Ron Walker, Jeff McDougal, and Deanne Swiertz. All stepping forward were sworn in by Chairman Goodwin. With no one stepping forward to speak in opposition, Chairman Goodwin closed the public hearing. Board Member Dabney motioned to deny the variance request. Board Member Davis seconded the motion. There was discussion amongst the Board concerning the motion. Mr. Dabney withdrew his motion. Board Member Sanford seconded the motion to withdraw. Chairman Goodwin motioned to approve the sign variance request due to the special conditions of: the low elevation of the property and the additional trees which create challenge of visibility from the highway; and subject to the following limitations of: maximum height of the sign being 15 feet, maximum size of 300 square feet, setback set as according to the freestanding sign requirements in the Unified Development Ordinance, the electronic reader board being a maximum of 30% and the message rotation change once every 24 hours. Mr. Benn seconded the motion. Motion to approve failed (2-3). AGENDA ITEM NO. 7: 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. Board Member Benn asked staff to review the variance request application in regards to special conditions and hardships, especially as they relate to sign variances. AGENDA ITEM NO. 8: Adjourn. Board Member Benn motioned to adjourn. Board Member Sanford seconded the motion, which passed unopposed (5-0). The meeting was adjourned at 8:35 p.m. ATTEST: APPROVED: _________________________________ _________________________________ Deborah Grace-Rosier, Staff Assistant Hunter Goodwin, Chairman Zoning Board of Adjustment Page 1 of 6 March 5, 2013 VARIANCE REQUEST FOR 401 Harvey Road & 600 University Oaks Boulevard REQUEST: A variance to add additional attached signage to the apartment complex in addition to the permitted freestanding signs. LOCATION: 401 Harvey Road & 600 University Oaks Boulevard APPLICANT: Erin Lamb, Oak Hurst Signs PROPERTY OWNER: Vesper Campus View, LLC PROJECT MANAGER: Morgan Hester, Staff Planner mhester@cstx.gov RECOMMENDATION: Staff recommends denial. BACKGROUND: The subject properties are two of the three properties within Campus View Apartments generally located at the intersection of Harvey Road and George Bush Drive. The applicant has stated that due to rebranding, they would like to update their attached signage within their properties located at 401 Harvey Road and 600 University Oaks Boulevard. The exiting signs at the apartment complex are grandfathered and they currently have both freestanding signs and attached signage. If either are altered or removed, the requirements of the current UDO must be complied with. Therefore, the applicant is requesting a variance to add a total of 96 square feet of additional attached signage - 64 square feet for the property located at 401 Harvey Road and 32 square feet for the property located at 600 University Oaks Boulevard. APPLICABLE ORDINANCE SECTION: UDO Section 7.5.H ‘Apartment/Condominium/Manufactured Home Park Identification Signs’ ORDINANCE INTENT: The purpose of UDO Section 7.5, ‘Signs’, is to establish clear and unambiguous regulations pertaining to signs in the City of College Station and to promote an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and commercial information. Signs are recognized as being necessary for visual communication for public convenience. Furthermore, it is recognized that businesses and other activities have the right to identify themselves by using signs that are incidental to the use on the premises where the signs are located. The UDO seeks to provide a reasonable balance between the right of a person to identify his or her business or activity and the rights of the public to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location, and construction of signs. Zoning Board of Adjustment Page 2 of 6 March 5, 2013 Zoning Board of Adjustment Page 3 of 6 March 5, 2013 Zoning Board of Adjustment Page 4 of 6 March 5, 2013 NOTIFICATIONS Advertised Board Hearing Date: March 5, 2013 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: N/A Property owner notices mailed: 23 Contacts in support: N/A Contacts in opposition: N/A Inquiry contacts: None at the time of this report. ZONING AND LAND USES Direction Zoning Land Use Subject Property R-6 High Density Multi-Family Campus View Apartments North (Across University Oaks Blvd) R-6 High Density Multi-Family The Cambridge South (Across Harvey Road) WPC Wolf Pen Creek (401 Harvey Rd): Fazoli’s, Vacant retail space. (600 University Oaks Blvd): Diamond Shamrock, Fed-Star Credit Loan East R-6 High Density Multi-Family, C-3 Light Commercial (401 Harvey Rd): Campus View Apartments, Diamond Shamrock, Fed-Star Credit Loan. (600 University Oaks Blvd): Oak’s Park – City Park West (Across George Bush Drive for 401 Harvey Road) GC General Commercial, R-6 Multi- Family (401 Harvey Rd): Fuddrucker’s, Commercial strip center. (600 University Oaks Blvd): Campus View Apartments PHYSICAL CHARACTERISTICS 1. Frontage: The subject property located at 401 Harvey Road has approximately 280 linear feet of frontage along Harvey Road and while the property located at 600 University Oaks Boulevard has approximately 640 feet of frontage along University Oaks Boulevard; however, Campus View consists of three properties bounded by George Bush Drive East, Harvey Road, Stallings Drive, and University Oaks Boulevard. 2. Access: The property at 401 Harvey Road has access from Harvey Road and George Bush Drive East, while the property at 600 University Oaks Boulevard has access from Stallings Drive and University Oaks Boulevard. 3. Topography and vegetation: The site is relatively flat and has little to no vegetation. 4. Floodplain: The subject property is not located within FEMA regulated flood plain. REVIEW CRITERIA Zoning Board of Adjustment Page 5 of 6 March 5, 2013 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. The applicant has stated that because they have rebranded, they would like to update their signage and provide unity amongst their properties. However, a simple rebranding does not constitute an extraordinary condition as defined above. 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. This variance is not necessary for the preservation and enjoyment of the property as the subject properties currently have multiple freestanding signs on site. They also have several attached signs that are currently “grandfathered” by the UDO. 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. Granting the variance would 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. 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. The granting of this variance would not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDO. 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. The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements because no portion of this property is located within the floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. All apartments, condominiums, and manufactured home parks are required to abide by the same standards outlined in UDO Section 7.5.H ‘Apartment/Condominiums/Manufactured Home Park Identification Signs’. There are several other apartment complexes along Harvey Road that comply with the sign provisions of the UDO. 7. Hardships: That the hardship is not the result of the applicant’s own action. The applicant states that the complex consists of several building over a vast area and therefore, they need additional attached signage to identify the property as one. However, the consolidation of properties was a result of the owner’s own action; therefore, Staff does not believe a hardship exists in this case. Zoning Board of Adjustment Page 6 of 6 March 5, 2013 8. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. The granting of this variance does not substantially conflict with the Comprehensive Plan and the purposes of the UDO. 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. The application of the UDO sign standards to this particular piece of property does not prohibit or unreasonably restrict the applicant in the utilization of the property. As previously stated, the property currently has several free-standing signs and attached signage that is grandfathered by the UDO. ALTERNATIVES The applicant has suggested allowing property logos rather than amenities and logos; however, the ordinance specifically defines signage to include logos. Therefore, this is not a viable alternative. STAFF RECOMMENDATION Staff recommends denial of the variance request. In Staff’s opinion, the applicant has failed to demonstrate that a special condition or hardship exists in this case. SUPPORTING MATERIALS 1. Application Zoning Board of Adjustment Page 1 of 4 March 5, 2013 VARIANCE REQUEST FOR 1217 Remington Court REQUEST: Deviation to Chapter 2, Section 3.B.3 of the College Station Code of Ordinances regarding the required minimum distance between a fowl structure and neighboring dwelling units. LOCATION: 1217 Remington Court APPLICANT: Brad Metz PROPERTY OWNER: Brad Metz PROJECT MANAGER: Teresa Rogers, Staff Planner trogers@cstx.gov BACKGROUND: The applicant is requesting a deviation to the minimum distance required between a structure housing fowl (chicken coop) and the neighboring residential structures. While on patrol, an Animal Control Officer observed the structure was not in compliance with the City Code and requested the applicant remove the fowl from the property or file an application to seek a deviation from minimum distance requirements. The Code of Ordinances allows for fowl to be kept in residential areas as long as it is kept within a structure or enclosure in such a manner that the fowl cannot go upon public streets, highways, alleys, rights of way or parkways of the City, or upon the private property of others. The ordinance also requires that the fowl housing be located at least one hundred feet (100’) from any neighboring dwelling unit, other than that which is occupied by the owner of the fowl. Therefore, the applicant is requesting a deviation of thirty feet (30’) to the one-hundred foot (100’) separation between fowl structure and neighboring dwelling units as required by Chapter 2, Section 3.B.3, of the College Station Code of Ordinances. APPLICABLE ORDINANCE SECTION: Chapter 2, Section 3.B.3 of the City Code regarding Animal Control ORDINANCE INTENT: To regulate the keeping and raising of poultry within the city limits and to protect the neighboring properties from effects of such activities. Zoning Board of Adjustment Page 2 of 4 March 5, 2013 Zoning Board of Adjustment Page 3 of 4 March 5, 2013 Zoning Board of Adjustment Page 4 of 4 March 5, 2013 NOTIFICATIONS Advertised Board Hearing Date: March 5, 2013 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: Shenandoah Neighborhood Association Property owner notices mailed: 31 Contacts in support: None Contacts in opposition: 2 Inquiry contacts: None ZONING AND LAND USES Direction Zoning Land Use Subject Property R-1 Single Family Residential North R-1 Single Family Residential South R-1 Single Family Residential East R-1 Single Family Residential West R-1 Single Family Residential PHYSICAL CHARACTERISTICS 1. Frontage: approximately 70 feet along Remington Court and 120 feet along Alexandria Avenue 2. Access: The subject property has access from a driveway along Remington Court. 3. Topography and vegetation: The property is relatively level and has a moderate amount of vegetation. 4. Floodplain: The property is not located in a floodplain. SUPPORTING MATERIALS 1. Application 2. Site - Distance Photos