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HomeMy WebLinkAbout01/03/2017 - 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, January 3, 2017 1. Call meeting to order. Presensation, possible action and discussion regarding the minutes from May 3, 2016. 16-08132. May 3, 2016Attachments: Discussion of approved Administrative Adjustments. *AWV2016-000007 1014 Fairview: Administrative Adjustment - Rear Setback (RL) *AWV2016-000008 1016 Fairview: Administrative Adjustment - Rear Setback (RL) *AWV2016-000013 600-604 Maryem : Administrative Adjustment - Lot Width (PAZ) *AWV2016-000015 2707 Teakwood Ct: Administrative Adjustment - Maximum square footage of an accessory dwelling unit (RL) *AWV2016-000030 907 Glade : Administrative Adjustment - Lot Width (PAZ) *AWV2016-000012 3055 Holleman Dr S (Aspen Heights): Administrative Adjustment - Off Street Parking (MB) *AWV2016-000017 901 University Dr E (Days Inn): Administrative Adjustment - Signage (JB) *AWV2016-000019 3702 State Highway 6 S (Microtel Inn): Administrative Adjustment - Parking Reduction (MB) *AWV2016-000020 602 Cherry St (Venezian Villa): Administrative Adjustment - Floor to Area Ratio (MT) *AWV2016-000021 303 University Dr E (Aggieland Outfitters): Administrative Adjustment - Parking Dimension (RL) *AWV2016-000026 1504 Buena Vista (Summit Crossing): Administrative Adjustment - Side Street Setback (RL) *AWV2016-000029 150 Graham Rd (JHW Commercial Addition): Administrative Adjustment - Parking (MT) 16-08123. Public hearing, presentation, possible action, and discussion to consider a variance to the Unified Development Ordinance Section 12-7.5.I 'Attached Sign' for the Science Park Subdivision, Block 1, Lot 2, generally located at 2511 Earl Rudder Freeway S. which is 16-08114. Page 1 College Station, TX Printed on 12/27/2016 January 3, 2017Zoning Board of Adjustment Meeting Agenda - Final zoned GC General Commercial. Case #AWV2016-000032 Sponsors:Cousins Academy Staff Report Application Letter of Intent Approved Site Plan Signage Graphics Attachments: 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. 6. 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 December 27, 2016 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." Page 2 College Station, TX Printed on 12/27/2016 January 3, 2017Zoning Board of Adjustment Meeting Agenda - Final 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 3 College Station, TX Printed on 12/27/2016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:216-0813 Name:Mintues Status:Type:Minutes Agenda Ready File created:In control:12/20/2016 Zoning Board of Adjustment On agenda:Final action:1/3/2017 Title:Presensation, possible action and discussion regarding the minutes from May 3, 2016. Sponsors: Indexes: Code sections: Attachments:May 3, 2016 Action ByDate Action ResultVer. Presensation, possible action and discussion regarding the minutes from May 3, 2016. College Station, TX Printed on 12/27/2016Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0812 Name:Administrative Adjustments Status:Type:Updates Agenda Ready File created:In control:12/20/2016 Zoning Board of Adjustment On agenda:Final action:1/3/2017 Title:Discussion of approved Administrative Adjustments. *AWV2016-000007 1014 Fairview: Administrative Adjustment - Rear Setback (RL) *AWV2016-000008 1016 Fairview: Administrative Adjustment - Rear Setback (RL) *AWV2016-000013 600-604 Maryem: Administrative Adjustment - Lot Width (PAZ) *AWV2016-000015 2707 Teakwood Ct: Administrative Adjustment - Maximum square footage of an accessory dwelling unit (RL) *AWV2016-000030 907 Glade: Administrative Adjustment - Lot Width (PAZ) *AWV2016-000012 3055 Holleman Dr S (Aspen Heights): Administrative Adjustment - Off Street Parking (MB) *AWV2016-000017 901 University Dr E (Days Inn): Administrative Adjustment - Signage (JB) *AWV2016-000019 3702 State Highway 6 S (Microtel Inn): Administrative Adjustment - Parking Reduction (MB) *AWV2016-000020 602 Cherry St (Venezian Villa): Administrative Adjustment - Floor to Area Ratio (MT) *AWV2016-000021 303 University Dr E (Aggieland Outfitters): Administrative Adjustment - Parking Dimension (RL) *AWV2016-000026 1504 Buena Vista (Summit Crossing): Administrative Adjustment - Side Street Setback (RL) *AWV2016-000029 150 Graham Rd (JHW Commercial Addition): Administrative Adjustment - Parking (MT) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Discussion of approved Administrative Adjustments. *AWV2016-000007 1014 Fairview: Administrative Adjustment - Rear Setback (RL) *AWV2016-000008 1016 Fairview: Administrative Adjustment - Rear Setback (RL) *AWV2016-000013 600-604 Maryem:Administrative Adjustment - Lot Width (PAZ) *AWV2016-000015 2707 Teakwood Ct: Administrative Adjustment - Maximum square footage of an accessory dwelling unit (RL) *AWV2016-000030 907 Glade: Administrative Adjustment - Lot Width (PAZ) *AWV2016-000012 3055 Holleman Dr S (Aspen Heights):Administrative Adjustment - Off Street Parking (MB) *AWV2016-000017 901 University Dr E (Days Inn):Administrative Adjustment - Signage (JB) *AWV2016-000019 3702 State Highway 6 S (Microtel Inn):Administrative Adjustment - Parking Reduction (MB) *AWV2016-000020 602 Cherry St (Venezian Villa): Administrative Adjustment - Floor to Area Ratio (MT) College Station, TX Printed on 12/27/2016Page 1 of 2 powered by Legistar™ File #:16-0812,Version:1 *AWV2016-000021 303 University Dr E (Aggieland Outfitters): Administrative Adjustment - Parking Dimension (RL) *AWV2016-000026 1504 Buena Vista (Summit Crossing): Administrative Adjustment - Side Street Setback (RL) *AWV2016-000029 150 Graham Rd (JHW Commercial Addition): Administrative Adjustment - Parking (MT) College Station, TX Printed on 12/27/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:416-0811 Name:Academy Sports + Outdoor Status:Type:Variance Agenda Ready File created:In control:12/19/2016 Zoning Board of Adjustment On agenda:Final action:1/3/2017 Title:Public hearing, presentation, possible action, and discussion to consider a variance to the Unified Development Ordinance Section 12-7.5.I 'Attached Sign' for the Science Park Subdivision, Block 1, Lot 2, generally located at 2511 Earl Rudder Freeway S. which is zoned GC General Commercial. Case #AWV2016-000032 Sponsors:Tiffany Cousins Indexes: Code sections: Attachments:Academy Staff Report Application Letter of Intent Approved Site Plan Signage Graphics Action ByDate Action ResultVer. Public hearing, presentation, possible action, and discussion to consider a variance to the Unified Development Ordinance Section 12-7.5.I 'Attached Sign' for the Science Park Subdivision, Block 1, Lot 2, generally located at 2511 Earl Rudder Freeway S. which is zoned GC General Commercial. Case #AWV2016-000032 College Station, TX Printed on 12/27/2016Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 7 January 3, 2017 VARIANCE REQUEST FOR 2511 Earl Rudder Freeway S Science Park Subdivision Block 1, Lot 2 AWV2016-000032 REQUEST: A variance to Unified Development Ordinance Section 12-7.5.I ‘Attached Signs’ to allow for an additional 204 square feet (40.8%) of attached signage. LOCATION: 2511 Earl Rudder Freeway S APPLICANT: Rosalyn Holderfield, ID Associate Inc. PROPERTY OWNER: OGC Park Retail I, LLC – Hunter Goodwin PROJECT MANAGER: RECOMMENDATION: Tiffany Cousins, Staff Planner TCousins@cstx.gov Staff recommends denial of the variance request. Zoning Board of Adjustment Page 2 of 7 January 3, 2017 Zoning Board of Adjustment Page 3 of 7 January 3, 2017 Zoning Board of Adjustment Page 4 of 7 January 3, 2017 BACKGROUND: The subject property is located adjacent to St. Thomas Aquinas Church and is part of the Science Park Subdivision. This property is the site of the new of Academy Sports + Outdoors. Section 12-7.5.I Attached Signs limits the amount of signage that a commercial building or tenant lease space can utilize to a total of 2.5 square feet per linear foot of all public entry facades, with a maximum of 500 square feet of attached signage allowed for any one tenant, regardless of size of the tenant space or length of public entry facades. Due to the length of the façade for the future Academy Sports + Outdoors building (358 linear feet), Academy is permitted a maximum of 500 square feet of attached signage. Academy is proposing 704 square feet of attached signage. Therefore, a variance of 204 square feet (40.8%) has been requested. APPLICABLE ORDINANCE SECTION: UDO Section 12-7.5.I ‘Attached Signs’ ORDINANCE INTENT: The purpose of UDO Section 12-7.5, ‘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. NOTIFICATIONS Advertised Board Hearing Date: January 3, 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: N/A Property owner notices mailed: Seven (7) 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 Board of Adjustment Page 5 of 7 January 3, 2017 ZONING AND LAND USES Direction Comprehensive Plan Land Use and Character Zoning Land Use Subject Property GC General Commercial GC General Commercial Vacant North BP Business Park M-1 Light Industrial Science Park Subdivision South (across Earl Rudder Freeway S.) Natural Areas - Protected C-3 Light Commercial and GS General Suburban City of College Station Central Park East SC Suburban Commercial GS General Suburban and R Rural Place of Worship West SC Suburban Commercial GC General Commercial Science Park Subdivision PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 331 feet of frontage on the Earl Rudder Freeway South frontage road. There is also 465 feet of frontage on an access easement along the east and 257 feet of frontage on an access easement on the west side of the property. 2. Access: The property will have access to the Earl Rudder Freeway South frontage Road via access easements. 3. Topography and vegetation: The topography of the property is relatively flat with no vegetation. However there is an approved landscape plan where vegetation will be added to the site. 4. Floodplain: There is no FEMA floodplain located on the property. The nearest body of water is Bee Creek Tributary 1 that is 371 feet away from the corner property boundary along Earl Rudder Freeway South. 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. Staff has not identified any extraordinary conditions that affect the land involved. It is a relatively flat piece of property with no unique encumbrances and no existing vegetation. The applicant states that the proposed building is 450 feet from Earl Rudder Freeway S, which hinders the visibility range from the freeway. To optimize usage of the lot, the building is set in Zoning Board of Adjustment Page 6 of 7 January 3, 2017 the rear of the property. The configuration of the lot is one that is wider in the rear than it is in the front. 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 a substantial property right of the applicant. The lot is developable. The subject property has an approved site plan for the proposed Academy and development has begun. Under the GC General Commercial zoning district, this lot is allowed both freestanding and attached signs. With that, Academy is allowed to have a freestanding sign that can be put closer to the front of its property to maximize visibility. The applicant states that the 500 square feet limitation restricts buildings of a large size to enjoy the maximum square footage. 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. The intent of UDO Section 12-7.5, ‘Signs’ is to provide a balance between the right to identify your business and the right to protect the public from visual discord and safety hazards. The applicant states that the size of the sign will be relative to the building size and the visibility of the sign will provide a safer driving experience to the motoring public. 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 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. 6. Other property: That these conditions do not generally apply to other property in the vicinity. Staff has not identified any extraordinary conditions on this property. There are similar developable properties in the vicinity along the highway. 7. Hardships: That the hardship is not the result of the applicant’s own actions. There are no hardships on this property created by extraordinary conditions. The hardship the applicant has stated is that their building is set back 450 feet and denies the ability to provide adequate exposure to the Freeway. Under the GC General Commercial zoning district, minimum building setbacks are 25 feet. Therefore the applicant has the opportunity to bring the building closer to the front of the lot. Zoning Board of Adjustment Page 7 of 7 January 3, 2017 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 but does conflict with the purposes of the UDO. As previously stated, the intent of UDO Section 12-7.5, ‘Signs’ is to provide a balance between the right to identify one’s business and the right to foster traffic safety and protect against visual discord. 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. The land is developable, regardless of a variance. ALTERNATIVES Although the applicant has not stated alternatives to this variance, they do have additional sign options. The options are freestanding, roof or low profile signs. The applicant has taken advantage of the freestanding option. STAFF RECOMMENDATION: Staff recommends denial of the variance request based on an evaluation of the review criteria stated in the Unified Development Ordinance. It is staff’s judgement that the nine review criteria have not been met satisfactorily. SUPPORTING MATERIALS 1. Application 2. Letter of Intent 3. Approved Site Plan 4. Proposed signage graphics