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HomeMy WebLinkAbout09/05/2017 - 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, September 5, 2017 1. Call meeting to order. Presentation, possible action and discussion regarding meeting minutes. * August 01, 2017 17-05052. August 1, 2017Attachments: Public hearing, presentation, possible action, and discussion on three lot width variances to the Unified Development Ordinance Section 5.1.H of six (6) feet each to the fifty (50) foot lot width requirement to allow for detached single family homes on Lots 4-6 of the Holleman Ridge Subdivision, Block 1, generally located at 1410, 1412, and 1414 Holleman Dr., which are zoned T Townhouse. Case #AWV2017-000025 17-04923. Sponsors:Thomas Staff Report Application Holleman Ridge Plat Attachments: Public hearing, presentation, possible action, and discussion on a sign variance request to the Unified Development Ordinance Section 7.5.I, ‘Attached Signs’, of 166.8 square feet to the maximum 500 square feet of attached signage allowed for any one tenant for the property located at 1900 Texas Avenue S, more specifically located on Lot 1, Block 4 of the Anderson Ridge Subdivision Phase 4, which is zoned PDD Planned Development District. Case# AWV2017-000024 17-04974. Sponsors:Paz Staff Report Application Sign 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 Page 1 College Station, TX Printed on 8/30/2017 September 5, 2017Zoning Board of Adjustment Meeting Agenda - Final 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 ___________, 20xx 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 8/30/2017 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0505 Name: Status:Type:Minutes Agenda Ready File created:In control:9/5/2017 Zoning Board of Adjustment On agenda:Final action:9/5/2017 Title:Presentation, possible action and discussion regarding meeting minutes. * August 01, 2017 Sponsors: Indexes: Code sections: Attachments:August 1, 2017 Action ByDate Action ResultVer. Title..... Presentation, possible action and discussion regarding meeting minutes. * August 01, 2017 College Station, TX Printed on 8/30/2017Page 1 of 1 powered by Legistar™ MINUTES 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, Rene Ramirez and Troy Smith STAFF PRESENT: Molly Hitchcock, John Haislet, Justin Golbabai, Eric Chafin, and Crystal Derkowski AGENDA ITEM NO. 1: Call to Order. Chairman Roberts called the meeting to order at 6:01pm. AGENDA ITEM NO. 2: Presentation, possible action, and discussion of absence requests for the following members: *Justin Lopez on August 01, 2017 *Dennis Christiansen on August 01, 2017 Board Member Echols motioned to approve the absence requests. Board Member Ramirez seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Presentation, possible action, and discussion regarding the minutes from June 20, 2017. Board Member Echols motioned to approve the June 20, 2017 meeting minutes. Board Member Mazzolini seconded the motion, which passed (5-0). AGENDA ITEM NO. 4: Discussion of approved Administrative Adjustments. *AWV2017-000019 412 William D. Fitch Pkwy – Roof Slop (MB) *AWV2017-000022 203 Luther St – Side Setback (LH) There was no discussion. AGENDA ITEM NO. 5: 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 Justin Golbabai, Planning Administrator, presented the staff report and stated that the applicant is requesting a sign variance. He ended his staff report and stated that staff is recommending denial. There was a general discussion amongst the Board. Chairman Roberts opened the public hearing. Kenny Broach, applicant, spoke in favor of the variance request. Don Broach, 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 Smith motioned to approve the sign variance as it will not be contrary to the public interest, due to the enjoyment of a sustainable property right. Board Member Ramirez seconded the motion. Chairman Roberts called for the vote. Motion to approve passed (5-0) AGENDA ITEM NO. 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. There was no discussion. AGENDA ITEM NO. 7: Adjourn The meeting was adjourned at 6:54pm. 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:217-0492 Name:1410,1412,1414 Holleman Dr. - Variance to Lot Width Status:Type:Variance Agenda Ready File created:In control:8/24/2017 Zoning Board of Adjustment On agenda:Final action:9/5/2017 Title:Public hearing, presentation, possible action, and discussion on three lot width variances to the Unified Development Ordinance Section 5.1.H of six (6) feet each to the fifty (50) foot lot width requirement to allow for detached single family homes on Lots 4-6 of the Holleman Ridge Subdivision, Block 1, generally located at 1410, 1412, and 1414 Holleman Dr., which are zoned T Townhouse. Case #AWV2017-000025 Sponsors:Madison Thomas Indexes: Code sections: Attachments:Staff Report Application Holleman Ridge Plat Action ByDate Action ResultVer. Public hearing,presentation,possible action,and discussion on three lot width variances to the Unified Development Ordinance Section 5.1.H of six (6)feet each to the fifty (50)foot lot width requirement to allow for detached single family homes on Lots 4-6 of the Holleman Ridge Subdivision,Block 1,generally located at 1410, 1412, and 1414 Holleman Dr., which are zoned T Townhouse. Case #AWV2017-000025 College Station, TX Printed on 8/30/2017Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 6 September 5, 2017 VARIANCE REQUESTS FOR 1410, 1412, and 1414 Holleman Dr. AWV2017-000025 REQUEST: Three lot width variances to the Unified Development Ordinance Section 5.1.H ‘Residential Zoning Districts’ of six (6) feet each to the fifty (50) foot lot width requirement to allow for detached single family homes LOCATION: 1410, 1412 and 1414 Holleman Drive Holleman Ridge Subdivision, Block 1, Lots 4-6 APPLICANT: Charles Wilding, Property Owner PROJECT MANAGER: Madison Thomas, Staff Planner mthomas@cstx.gov BACKGROUND: The subject properties are located in the Holleman Ridge Subdivision and are zoned T Townhouse, which allows for townhomes and single- family detached homes. Townhomes are a minimum of three attached buildings on separate lots and single-family detached structures are single structures on separate lots. Detached, single-family structures are allowed to be built within the Townhouse zoning district, but they are required to meet the GS General Suburban zoning lot widths of 50 feet. Currently, 9 of the 10 lots of this subdivision are only 44 feet wide, owned by multiple owners, and developed with single-family detached homes. The applicant owns three adjacent lots and could develop them as attached townhomes, but would like to redevelop the properties in the existing single family detached pattern. Each subject property is short of the required lot width by 12%; therefore, the applicant is requesting variances to the Unified Development Ordinance (UDO) Section 5.1.H, ‘Residential Zoning Districts’ to allow for reductions of 6 feet to the 50-foot minimum lot width. APPLICABLE ORDINANCE SECTION: UDO Section 5.1.H ‘Residential Zoning Districts’ ORDINANCE INTENT: UDO Section 5.1.H ‘Residential Zoning Districts’ sets design standard requirements that usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. RECOMMENDATION: Staff recommends approval of the variance requests. Zoning Board of Adjustment Page 2 of 6 September 5, 2017 Zoning Board of Adjustment Page 3 of 6 September 5, 2017 Zoning Board of Adjustment Page 4 of 6 September 5, 2017 NOTIFICATIONS Advertised Board Hearing Date: September 5, 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: 17 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 T Townhouse Single-Family Residence North (Across Holleman Drive) GS General Suburban Anderson Park South GS General Suburban Single-Family Residence East T Townhouse Single-Family Residence West T Townhouse Single-Family Residence PHYSICAL CHARACTERISTICS 1. Frontage: The subject properties each have 44 feet of frontage on Holleman Drive. 2. Access: The subject properties are currently taking access from Holleman Drive through a cross access easement along adjacent properties. 3. Topography and vegetation: The subject properties are relatively flat and contain few established trees and vegetation around the existing structures. 4. Floodplain: The subject properties are 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. The three properties are a part of a 10-lot development from 1979. The lots are individually owned, share a common drive aisle, and are developed with detached single-family homes. These are considered non-conforming to today’s standards as detached houses in T Zoning Board of Adjustment Page 5 of 6 September 5, 2017 Townhouse zoning districts are required to have 50-ft. minimum lots and all but the corner property have 44-ft. wide lots. The lots are conforming for the development of townhomes. Requiring this property owner upon redevelopment to develop townhouses across the three lots—which by definition are a minimum of three attached dwelling units—will disrupt the character of the existing neighborhood. It is highly unlikely for any of the other lots in the subdivision to redevelop as townhomes because the pattern of property ownership would require the owners of homes in the area to closely coordinate and agree to redevelop at the same time. Having a townhouse development in the middle of single-family detached structures does not fit the character of the area and creates a disconnect within the neighborhood. 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 necessary for the preservation and enjoyment of the substantial property right of the applicant. If the proposed variance is not granted, the home that is currently built that is aging and in need of replacement could not be replaced with the same type of home unless the properties were replatted. If the properties were replatted, the applicant would go from three lots to two lots, losing a lot and residential structure. 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. The lots, as well as the adjacent properties, are currently developed in this style. 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. For new construction, these same conditions would apply to the adjacent properties. All ten properties zoned T Townhouse are currently developed with single-family detached structures. The lot at the corner of Anderson and Holleman was platted larger (as is typical of corner lots), which allowed it to redevelop as single family detached housing without a variance. In order for these properties to build new detached structures, they would also need to apply for the same variance to lot width, or acquire adjacent properties and replat to fewer buildable lots. Zoning Board of Adjustment Page 6 of 6 September 5, 2017 This row of single family detached homes are the only ones along Holleman Drive between Texas Avenue and Wellborn Road developed in the 1970s that are zoned T Townhouse, which allowed these lots to be platted with widths less than 50 feet. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The applicant has described the hardship as “the existing structures would have to remain in place if permits cannot be issued for new structures. Construction of a new detached single- family dwelling on each lot is necessary since the existing structures have been there since 1979 and are deteriorating structures and need to be replaced. There are 5 owners of the 10 homes in the subdivisions so a consolidation of lots for a townhome development is not viable. These lots are in the middle of the block and it would not be appropriate to construct townhomes on these lots with the remainder of the block being detached structures.” Staff agrees with the applicant. 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 provisions of this 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 standards to this particular property does not prohibit the applicant in the utilization of their property, but it would require the owner upon redevelopment to construct a residential product that is unlike others in the subdivision. ALTERNATIVES The applicant may replat his three 44-ft. wide lots into two lots to meet the minimum 50-ft. widths, or could develop townhomes; though, the applicant has stated that to “construct new townhomes would most likely require a replat since townhomes are not typically 44-ft. in width.” STAFF RECOMMENDATION Staff recommends approval of the variance request. ATTACHMENTS 1. Application 2. Holleman Ridge Subdivision Plat (4 FOR OFFICE USE ONLY CASE NO.:________________ DATE SUBMITTED:_____________ CITY OF COLLEGE STATION TIME: Home of Texas A&M Universiiy~STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ~j $380 Zoning Board of Adjustment Application Fee. ~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 N/A ADDRESS 1410,1412,1414,Hollernan Drive LEGAL DESCRIPTION (Lot,Block,Subdivision)Lots 4 through 6,Block 1,Hollernan Ridge APPLICANT/PROJECT MANAGER’S INFORMATION (Primary contact for the project): Name Charles Wilding E-mail charleswllding©hotrnaih corn Street Address 4912 Augusta Circle City College Station State ~X Zip Code 77845 Phone Number 9795758889 Fax Number _________________________________ PROPERTY OWNER’S INFORMATION (Please attach an additional sheet for multiple owners): Name Charles Wilding E-mail charleswilding©hotrnail.corn Street Address 4912 Augusta Circle City College Station State 7X Zip Code 77845 Phone Number 979-575-8889 Fax Number _________________________________ Current zoning of subject property T,Townhouse 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: Section 12.5.1.H.Townhouse T 10/10 Page 1 of 5 GENERAL VARIANCE REQUEST 1.The following specific variation from the ordinance is requested: Variance to allow a detached single family dwelling on a lot that does not meet the 50’lot width required by General Suburban Standards.The minimum lot width is approximately 44’for these lots. 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 owner’s 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-de-sac is a standard street layout in College Station.The shape of standard cul-de-sac lots are generally not special conditions. These lots are developed with detached single family dwellings constructed in 1979.The owner would like to remove the existing structures and replace them with new modern detached single family dwellings.Since the existing lots are not 50’in width,a permit cannot be issued for them.- 3.The unnecessary hardship(s)involved by meeting the provisions of the ordinance other than financial hardship is/are: 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. See attached sheet. 4.The following alternatives to the requested variance are possible: Rezone the property and replat to 2 lots so the lots meet the minimum 50’width.Construct new town homes which most likely require a replat since town homes are not typically 44’in width.Replatting and adding a lot would require utility modifications and additions. 5.This variance will not be contrary to the public interest by virtue of the following facts: The variance will allow the construction of 3 new structures which is the same number of structures that currently exist. 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 company’s representative to sign the application on its behalf. _____________g/ia/19 Signature and title Date C\~oAe3 LJ~diç~9 Ownec 10/10 Page2of5 3.The unnecessary hardship(s)involved by meeting the provisions of the ordinance other than financial hardship is/are: 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 would be the reduction of the buildable area on the lot, when compared to neighboring properties. The hardship is that the existing structures would have to remain in place if permits cannot be issued for new structures.Construction of a new detached single family dwelling on each lot is necessary since the existing structures have been there since 1979 and are deteriorating structures and need to be replaced. There are 5 owners of the 10 homes in this subdivision so a consolidation of lots for a townhome development is not viable.These lots are in the middle of the block and it would not be appropriate to construct townhomes on these lots with the remainder of the block being detached structures. NOTICE *The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1)week prior to the meeting. *The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1)week prior to the meeting. Such owners shall be determined by the Secretary to the Board.When deciding which property is within 200 feet, measurements shall be made in a straight line,without regard to intervening structures of objects,from the nearest portion of the property for which a request is pending to the nearest portion of other properties. Notice by certified mail to such owners shall correspond to the owner’s names and address as shown on certified taxroles even if the tax rolls are incorrect or outdated. *At the applicant’s request,the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1)week before the meeting. *The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2)weeks prior to the meeting. MEETING *Robert’s Rule of Order,newly revised,shall be followed. *Meetings shall be held the first Tuesday of each month at 6:00 PM. *Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. *Each item before the ZBA must be heard by at least four (4)members. *The ZBA may act on any request with or without the applicant’s presence at the meeting. *When hearing requests,this procedural format shall be followed: Staff Report ZBA Members ask questions Public Hearing ZBA discussion and action MINUTES *The Secretary to the Board shall tape record all meetings.Tape recordings of meetings shall be kept for three (3) years. *Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary’s judgement).No transcription will be made. *Minutes shall be signed by the Chairman after they are approved by the ZBA. PUBLIC HEARING *Witnesses shall be placed under oath by the Chairman using this statement:“Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?” *Witnesses include the applicant and interested persons. MOTIONS *Motions shall be made on the Motion Format Form and be positive or negative. *Negative motions (motions to deny a request)should be made when the ZBA finds no special conditions,no undue hardship,or that the spirit of the ordinance will not be preserved. *Negative motions which fail do not imply the request is granted. *Requests are only granted when a positive motion is passed by at least four (4)ZBA Members.Requests are denied when a negative motion is passed by a majority of members present. REHEARING *Applicants must have the ZBA’s approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. *When a request is denied,within ten days of the denial,the applicant may request that the ZBA rehear the request at a future date.To make this request,the applicant must submit to the Administrator new information that was previously not available to the Board. 10110 Page4of5 *Within the ten days,the Administrator will put the request to rehear on the next available ZBA meeting agenda. *To decide to rehear a request,the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s)as a result of a property’s special condition(s).ZBA approval to rehear a request requires a motion to rehear,a second to that motion,and passage by a majority of members present. *The determination that information previously not available is relevant to a request’s hardship and special condition does not necessarily indicate the eventual approval of a request. *If the ZBA approves a request to rehear,the applicant must pay a new fee by anestablished deadline to be scheduled for a future meeting. APPEAL DECISION *If an applicant wishes to appeal a ZBA decision,he must file a petition with a court of record within ten (10)days after the date the decision is filed in the Planning &Development Services Department. 10/10 ~Page 5 of 5 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:317-0497 Name:HEB Sign Variance Status:Type:Variance Agenda Ready File created:In control:8/25/2017 Zoning Board of Adjustment On agenda:Final action:9/5/2017 Title:Public hearing, presentation, possible action, and discussion on a sign variance request to the Unified Development Ordinance Section 7.5.I, ‘Attached Signs’, of 166.8 square feet to the maximum 500 square feet of attached signage allowed for any one tenant for the property located at 1900 Texas Avenue S, more specifically located on Lot 1, Block 4 of the Anderson Ridge Subdivision Phase 4, which is zoned PDD Planned Development District. Case# AWV2017-000024 Sponsors:Jenifer Paz Indexes: Code sections: Attachments:Staff Report Application Sign Graphics Action ByDate Action ResultVer. Public hearing, presentation, possible action, and discussion on a sign variance request to the Unified Development Ordinance Section 7.5.I, ‘Attached Signs’, of 166.8 square feet to the maximum 500 square feet of attached signage allowed for any one tenant for the property located at 1900 Texas Avenue S, more specifically located on Lot 1, Block 4 of the Anderson Ridge Subdivision Phase 4, which is zoned PDD Planned Development District. Case# AWV2017-000024 College Station, TX Printed on 8/30/2017Page 1 of 1 powered by Legistar™ VARIANCE REQUEST FOR 1900 Texas Avenue South AWV2017-000023 REQUEST: A variance to Unified Development Ordinance Section 7.5.I ‘Attached Signs’ to allow an additional 166.8 square feet of attached signage. LOCATION: 1900 Texas Avenue South Anderson Ridge Ph. 4, Block 4, Lot 1 ZONING: PDD Planned Development District APPLICANT: State Sign Corp PROJECT MANAGER: Jenifer Paz, AICP, Senior Planner jpaz@cstx.gov BACKGROUND: The subject property, located between Park Place and Holleman Drive along Texas Avenue South, is currently developed as an HEB grocery store and is zoned PDD Planned Development District. The associated ordinance for the PDD zoning states that the property will follow all applicable regulations for GC General Commercial (formally C-1 General Commercial) with the exception of specific modifications stated in the PDD. Modifications to attached sign requirements were not made, so the current GC General Commercial sign regulations are applicable to the property. The property owner is requesting additional attached signage to advertise the new curbside pickup service being provided by the HEB grocery store. The building currently has 489.3 square feet of attached signage and the proposed attached signage is 177.5 square feet. Combined, the area of the attached signage exceeds the maximum 500 square feet allowed for one tenant by 33.36%; therefore, the applicant is requesting a variance to the Unified Development Ordinance (UDO) Section 7.5.I ‘Attached Signs’ to allow for an additional 166.8 square feet of attached signage. APPLICABLE ORDINANCE SECTION: UDO Section 7.5.I ’Attached Signs’ ORDINANCE INTENT: The purpose of the sign ordinance 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. UDO Section 7.5.I ’Attached Signs’ provides sign requirements for attached signage for all commercial property in the city limit that are unambiguous by providing a standard measure for all commercial business to advertise a product or service. RECOMMENDATION: Staff recommends approval of the variance. NOTIFICATIONS Advertised Board Hearing Date: September 5, 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: 16 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 PDD Planned Development District HEB Grocery Store North (Across Park Place) GC General Commercial Retail shopping center South (Across Holleman Drive) R-6 High Density Multi-Family Enclave Apartments East PDD Planned Development District HEB Fuel & retail shopping center West PDD Planned Development District & R-6 High Density Multi-Family Water tower & Tower Park Apartments PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 27 feet of frontage on Texas Avenue South, approximately 613 feet of frontage on Park Place and 288 feet of frontage on Holleman Drive. 2. Access: The subject property is currently taking access from Texas Avenue South, Park Place and Holleman Drive. 3. Topography and vegetation: The subject property is nearly all impervious and is generally draining towards the northeast. There is vegetation along the perimeter of the property and within parking islands throughout the site. 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. The HEB grocery store serves as an anchor tenant within this block of commercial development and is setback approximately 518 feet from Texas Avenue South, which is a 6-lane major arterial. Additionally, there are several pad sites along Texas Avenue South that limit visibility of the grocery store. Below is a street view of HEB grocery store from Texas Avenue South. Due to the limited visibility from the major thoroughfare, the additional signage will allow the property owner to communicate with patrons a service that is being provided by granting a variance to additional attached sign area. 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 for additional attached signage is needed in order for the property owner to advertise additional services being provided by HEB grocery store. Under the current sign ordinance, the tenant is allowed a maximum of 500 square feet of attached signage. There is an existing 489.3 square feet attached to the front and side façade of the building, which leaves only 10.7 square feet of attached signage. The applicant believes that the variance is necessary due to the difficulty that would be created for patrons to view the sign from Texas Avenue South if the additional area is not permitted. 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 condition of limited visibility from Texas Avenue South, a major arterial, does not generally apply to other properties within the vicinity. Although there are other commercial anchors and developments that are setback significantly from right-of-way, the visibility from Texas Avenue South is not significantly obstructed by other commercial buildings and pad sites. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The applicant states that there is limited visibility from Texas Avenue South and the building’s setback from this highly traveled thoroughfare requires additional signage than the sign ordinance allows. Due to the development and location of the pad sites along Texas Avenue South, visibility from Texas Avenue South is significantly obstructed. It should be noted that the sign ordinance exempts signs that are not easily identified from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right-of-way, as determined by the Administrator. The City of College Station Site Design Standards provide a visibility chart to measure signs that are considered visible. Based on this chart, the proposed signs are considered visible from the Texas Avenue South, Holleman Drive and Park Place. 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. 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 to this particular property does not prohibit the applicant in the utilization of their property. ALTERNATIVES The applicant has not provided any alternative solutions; though, existing signage could be removed and/or rescaled so to meet the maximum 500 sq.ft.. STAFF RECOMMENDATION Staff recommends approval of the variance request. ATTACHMENTS 1. Application 2. Sign graphic