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Home My WebLink About08/01/2017 - Regular Agenda Packet - Zoning Board of AdjustmentsZoning Board of Adjustment College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 The City Council may or may not attend this meeting. Council Chambers6:00 PMTuesday, August 1, 2017 1. Call meeting to order. Presentation, possible action and discussion of absence requests for the following members: * Justin Lopez on August 01, 2017 * Dennis Christiansen on August 01, 2017 17-03902. Justin Lopez Dennis Christiansen - August 1, 2017 Attachments: Presentation, possible action and discussion regarding meeting minutes. * June 20, 2017 17-03893. June 20, 2017Attachments: Discussion of approved Administrative Adjustments. * AWV2017-000019 412 William D. Fitch Pkwy - Roof Slope(MB) * AWV2017-000022 203 Luther St - Side Setback (LH) 17-03914. Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance Section 12-5.8.B.12 'Sign Standards' to allow for the use of illuminated plastic signs on the property located at 609 University Drive, which is in the NG-1 Core Northgate zoning district. Case #AWV2017-000023 17-04095. Sponsors:Lazo Staff Report Application Sign graphic Site images Property Survey Attachments: 6.Discussion and possible action on future agenda items - A 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. Page 1 College Station, TX Printed on 7/25/2017 August 1, 2017Zoning Board of Adjustment Meeting Agenda - Final 7. Adjourn. The Board or Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on July 25, 2017 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 2 College Station, TX Printed on 7/25/2017 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0390 Name: Status:Type:Absence Request Agenda Ready File created:In control:7/19/2017 Zoning Board of Adjustment On agenda:Final action:8/1/2017 Title:Presentation, possible action and discussion of absence requests for the following members: * Justin Lopez on August 01, 2017 * Dennis Christiansen on August 01, 2017 Sponsors: Indexes: Code sections: Attachments:Justin Lopez Dennis Christiansen - August 1, 2017 Action ByDate Action ResultVer. Presentation, possible action and discussion of an absence request for the following members: * Justin Lopez on August 01, 2017 * Dennis Christiansen on August 01, 2017 College Station, TX Printed on 7/25/2017Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0389 Name: Status:Type:Minutes Agenda Ready File created:In control:7/19/2017 Zoning Board of Adjustment On agenda:Final action:8/1/2017 Title:Presentation, possible action and discussion regarding meeting minutes. * June 20, 2017 Sponsors: Indexes: Code sections: Attachments:June 20, 2017 Action ByDate Action ResultVer. Presentation, possible action and discussion regarding meeting minutes. * June 20, 2017 College Station, TX Printed on 7/25/2017Page 1 of 1 powered by Legistar™ M I N U T E S ZONING BOARD OF ADJUSTMENT Regular Meeting June 20, 2017 Council Chambers College Station City Hall 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Keith Roberts, Sherri Echols, Jeff Mazzolini, Justin Lopez and Bill Lartigue STAFF PRESENT: Molly Hitchcock, John Haislet, Mark Bombek, Eric Chafin, and Crystal Derkowski AGENDA ITEM NO. 1: Call to Order. Chairman Roberts called the meeting to order at 6:00pm. AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding the minutes from May 09, 2017. Board Member Echols motioned to approve the May 09, 2017 meeting minutes. Board Member Lopez seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Discussion of approved Administrative Adjustments. *AWV2017-000004 Brazos Square Renovations; 2200 Texas Ave S; Administrative Adjustment Parking space dimensions (PAZ) *AWV2017-000013 505 Dexter Dr.; Administrative Adjustment -Side Setback (LH) There was no discussion. AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion to consider a building setback variance for West Park Subdivision Block 7, Lot 3 and 25 feet of Lot 2 generally location at 103 Fidelity Street, which is zoned GS General Suburban. Case #AWV2017- 000014. Senior Planner Bombek presented the staff report and stated that the applicant is requesting a building setback variance of a reduction of 2.49 feet. He ended his staff report and stated that staff is recommending denial due to a lack of extraordinary or special conditions on the subject property. There was a general discussion amongst the Board. Chairman Roberts opened the public hearing. Scott Hancock, applicant, spoke in favor of the variance request. Jaffar Shabeer, property owner, spoke in favor of the variance request. Chairman Roberts closed the public hearing. There was a general discussion amongst the Board. Board Member Mazzolini motioned to approve the variance of a reduction of 2.49 feet to section 12-5.2 of the Unified Development Ordinance regarding building setbacks as it will not be contrary to the public interest due to the enjoyment of a substantial property right. Board Member Echols seconded the motion. Chairman Roberts called for the vote. Motion to approve passed (5-0) AGENDA ITEM NO. 5: Discussion and possible action on future agenda items - A 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. There was no discussion. AGENDA ITEM NO. 6: Adjourn The meeting was adjourned at 6:52pm. ATTEST: APPROVED: _________________________________ _______________________________ Crystal Derkowski, Staff Assistant Keith Roberts, Chairman City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0391 Name: Status:Type:Administrative Adjustment Agenda Ready File created:In control:7/19/2017 Zoning Board of Adjustment On agenda:Final action:8/1/2017 Title:Discussion of approved Administrative Adjustments. * AWV2017-000019 412 William D. Fitch Pkwy - Roof Slope(MB) * AWV2017-000022 203 Luther St - Side Setback (LH) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Discussion of approved Administrative Adjustments. * AWV2017-000019 412 William D. Fitch Pkwy - Roof Slope(MB) * AWV2017-000022 203 Luther St - Side Setback (LH) College Station, TX Printed on 7/25/2017Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:217-0409 Name:Shell variance Status:Type:Variance Agenda Ready File created:In control:7/25/2017 Zoning Board of Adjustment On agenda:Final action:8/1/2017 Title:Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance Section 12-5.8.B.12 'Sign Standards' to allow for the use of illuminated plastic signs on the property located at 609 University Drive, which is in the NG-1 Core Northgate zoning district. Case #AWV2017-000023 Sponsors:Rachel Lazo Indexes: Code sections: Attachments:Staff Report Application Sign graphic Site images Property Survey Action ByDate Action ResultVer. Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance Section 12-5.8.B.12 'Sign Standards' to allow for the use of illuminated plastic signs on the property located at 609 University Drive, which is in the NG-1 Core Northgate zoning district. Case #AWV2017-000023 College Station, TX Printed on 7/25/2017Page 1 of 1 powered by Legistar™ VARIANCE REQUEST FOR 609 University Drive AWV2017-000023 REQUEST: A variance to Unified Development Ordinance Section 12-5.8.B.12 ‘Sign Standards’ to allow for the use of illuminated plastic signs in Northgate. LOCATION: 609 University Drive Tauber Addition Lot 6, Block 6 ZONING: NG-1 Core Northgate APPLICANT: Kenny Broach PROJECT MANAGER: Mark Bombek, Senior Planner mbombek@cstx.gov BACKGROUND: The subject property, at the corner of University Drive and Nagle, is the location of the Shell convenience store and gas station and is zoned NG-1 Core Northgate. Northgate is a design district and one of College Station’s oldest urban areas. Identified as being in a blighted condition in the 1990s, College Station has invested significant resources over the past 22 years to support the redevelopment of this area. The zoning standards guiding Northgate redevelopment were adopted to promote a mixture of non-residential and residential uses in a pedestrian-oriented setting to create a unique live, work, play environment due to its proximity to Texas A&M University. To promote this environment, guidelines and regulations for increased density, building design, and specialized signage were some key elements incorporated for the zoning. The current property owner is proposing changes to the existing site in conjunction with a city-initiated sidewalk improvement project. As part of the proposed changes, the applicant is seeking to upgrade the existing attached signage on the fuel canopy and the building. Due to corporate restrictions, the owner is required to utilize internally illuminated plastic signage. This type of sign has been determined as inappropriate for Northgate since the adoption of the Northgate Design Guidelines in 1998, and is currently called out as a direct prohibition in the NG-1 Core Northgate zoning district; therefore, the applicant is requesting a variance to the Unified Development Ordinance (UDO) Section 12-5.8.B.12, ‘Sign Standards’ to allow for the use of illuminated plastic signs. APPLICABLE ORDINANCE SECTION: UDO Section 12-5.8.B.12 ‘Sign Standards’ ORDINANCE INTENT: UDO Section 12-5.8.B.12, ‘Sign Standards’ sets design standard requirements for signage that creates a distinct feel in Northgate and emphasizes the pedestrian environment of the district. RECOMMENDATION: Staff recommends denial of the variance. NOTIFICATIONS Advertised Board Hearing Date: August 1, 2017 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: None Property owner notices mailed: 10 Contacts in support: None at the time of this report. Contacts in opposition: None at the time of this report. Inquiry contacts: None at the time of this report. ZONING AND LAND USES Direction Zoning Land Use Subject Property NG-1 Core Northgate Shell Gas Station and Convenience Store North NG-1 Core Northgate St. Mary’s Church facilities and parking South (Across University Drive) C-U College University Texas A&M University East (Across Nagle Street) NG-2 Transitional Northgate Multi-family leasing office West NG-1 Core Northgate Subway restaurant PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 100 feet of frontage on University Drive and 120 feet of frontage on Nagle Street. 2. Access: The subject property is currently taking access from University Drive and Nagle Street. 3. Topography and vegetation: The subject property is relatively flat and is nearly all impervious cover. There is minimal vegetation on the property. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA According to Unified Development Ordinance Section 12-3.19.E ‘Criteria for Approval of Variance’, no variance shall be granted unless the Board makes affirmative findings in regard to all nine of the following 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. Staff does not believe that an extraordinary or special condition exists that would deprive the applicant a reasonable use of his land. In this case the applicant has approached the city with a request to change the signage associated with the business. The signage materials desired are prohibited based on the regulations outlined in Section 12-5.8.B.12 of the Unified Development Ordinance. A strict application of the UDO would not deprive the applicant of the reasonable use of the property, nor does it take away rights to advertise for the existing business. The applicant has stated that a special condition exists with the City’s request for an easement to improve pedestrian facilities and handicap accessible infrastructure that will necessitate the removal of an existing, non-conforming freestanding sign. The City has been pursuing easements from multiple properties along University Drive as part of the continuing program to improve the condition of the Northgate district. As previously mentioned, signage would still be allowed on the property, but it would not be allowed to be illuminated plastic. 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. The variance is not necessary for the preservation and enjoyment of the substantial property right of the applicant. If the proposed variance is not granted, the applicant could request signage that is in compliance with the standards outlined for the Northgate zoning district which would require different materials than proposed. If the variance is not granted, the applicant is not being denied a substantial property right. 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 the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of the 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 due to no portion of this property being located within floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. The sign standards generally apply to all property within the NG-1 Core Northgate zoning district and are not unique to this property. 7. Hardships: That the hardship is not the result of the applicant’s own actions. A hardship does not exist on the subject property. The applicant states in the request that the hardship is being imposed by the City of College Station acquiring an easement for a sidewalk improvement project along University Drive. This easement and subsequent improvements will remove the business’ existing, nonconforming freestanding sign. The applicant is allowed to have signage on the building and fuel canopy under the current sign ordinance. The applicant is requesting to update the existing, attached signage on the property that is not being affected by the City’s sidewalk improvement project nor the easement acquisition. Updating the business’ attached signage is a circumstance of the owner’s personal situation and not a hardship or special condition associated with the property. 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 with the purposes of this UDO, but a variance would permanently allow a type of sign in conflict with the design district standards. 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 standards to this particular property does not prohibit the applicant in the utilization of their property, nor does the sign material limit the amount of signage that could be requested based on the regulations within the UDO. ALTERNATIVES The applicant has not provided any alternative solutions to meet the sign material requirements of the district. STAFF RECOMMENDATION Staff recommends denial of the variance request. ATTACHMENTS 1. Application 2. Sign graphic 3. Site images 4. Property survey