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HomeMy WebLinkAbout04/03/2018 - 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, April 3, 2018 1. Call meeting to order. Presentation, possible action and discussion regarding meeting minutes. * February 06, 2018 18-02252. February 06, 2018Attachments: Discussion of approved Administrative Adjustments. * AWV2018-000001 Equity Real Estate Office Building; 112 Navarro Dr; Buffer Yard Width Requirement (LH) * AWV2018-000003 Microtel Inn & Suites; 1820 Ponderosa Dr; Freestanding Signage Area (LAG) 18-02383. Public hearing, presentation, possible action, and discussion regarding a variance to the Unified Development Ordinance (UDO) Section 5.2 ‘Residential Dimensional Standards’ to allow a variance of 8.8 feet to the minimum 25-foot front setback for property located at 222 Tarrow Street and zoned PDD Planned Development District with a base zoning of T Townhouse. 18-02344. Sponsors:Lazo Tarrow Townhomes Application Setback Exhibit Final Plat 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. Page 1 College Station, TX Printed on 3/28/2018 April 3, 2018Zoning Board of Adjustment Meeting Agenda - Final I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on March 28, 2018 at 5:00 p.m. _____________________ City Secretary Possible action and discussion on future agenda items – A Bicycle, Pedestrian, and Greenways Advisory 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. 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 3/28/2018 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:318-0225 Name: Status:Type:Minutes Agenda Ready File created:In control:3/21/2018 Zoning Board of Adjustment On agenda:Final action:4/3/2018 Title:Presentation, possible action and discussion regarding meeting minutes. * February 06, 2018 Sponsors: Indexes: Code sections: Attachments:February 06, 2018 Action ByDate Action ResultVer. Presentation, possible action and discussion regarding meeting minutes. * February 06, 2018 College Station, TX Printed on 3/28/2018Page 1 of 1 powered by Legistar™ MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting February 06, 2018 Council Chambers College Station City Hall 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Keith Roberts, Sherri Echols, Bill Lartigue, Justin Lopez and Rene Ramirez STAFF PRESENT: Molly Hitchcock, John Haislet, Alaina Helton, and Crystal Derkowski AGENDA ITEM NO. 1: Call to Order. Chairman Roberts called the meeting to order at 6:00 p.m. AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding absence request for Jeff Mazzolini. Board Member Lopez motioned to approve the absence request for Board Member Mazzolini. Board Member Lartigue seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Presentation, possible action, and discussion regarding the minutes from January 02, 2018. Board Member Lartigue motioned to approve the January 02, 2018 meeting minutes. Board Member Lopez seconded the motion, which passed (5-0). AGENDA ITEM NO. 4: Public hearing, presentation, possible action and discussion regarding a variance to Unified Development Ordinance (UDO) Section 9.2.A.1 ‘Nonconforming Uses-Expansion’ to enlarge a building devoted to a nonconforming use (Duplex in a Single-Family Zoning District) up to the maximum twenty five (25) percent of the original floor area of the nonconformity, for property located at 301 Ayrshire Street. Alaina Helton, Senior Planner, presented the staff report and stated that the applicant is requesting variance for a nonconforming uses-expansion twenty-five (25) percent or seven hundred and ninety seven (797) square feet.. There was a general discussion amongst the Board. Chairman Roberts opened the public hearing. Chad Hovde, applicant, spoke in favor of the variance request. Robert Starnes, 200 Ayrshire Street, College Station, spoke in opposition of the variance request. Hugh Stearns, 316 Suffolk Avenue, College Station, spoke in opposition of the variance request. Chantal Vessali, 110 Pershing Avenue, College Station, spoke in favor of the variance request. David Shellenberger, 306 Suffolk Avenue, spoke his concerns regarding variance request. Parviz Vessali, 110 Pershing Avenue, College Station, spoke in favor of the variance request. Chairman Roberts closed the public hearing. There was a general discussion amongst the Board. Board Member Lopez motioned to approve the variance for enjoyment of a substantial property right and not a threat to the public. Board Member Ramirez seconded the motion. Chairman Roberts called for the vote. Motion to approve passed (4/1) with member Lartigue voting against. 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 7:02 p.m 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:118-0238 Name: Status:Type:Administrative Adjustment Agenda Ready File created:In control:4/3/2018 Zoning Board of Adjustment On agenda:Final action: Title:Discussion of approved Administrative Adjustments. * AWV2018-000001 Equity Real Estate Office Building; 112 Navarro Dr; Buffer Yard Width Requirement (LH) * AWV2018-000003 Microtel Inn & Suites; 1820 Ponderosa Dr; Freestanding Signage Area (LAG) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Discussion of approved Administrative Adjustments. * AWV2018-000001 Equity Real Estate Office Building; 112 Navarro Dr; Buffer Yard Width Requirement (LH) * AWV2018-000003 Microtel Inn & Suites; 1820 Ponderosa Dr; Freestanding Signage Area (LAG) College Station, TX Printed on 3/28/2018Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:418-0234 Name:Tarrow Townhomes Variance Status:Type:Variance Agenda Ready File created:In control:3/26/2018 Zoning Board of Adjustment On agenda:Final action:4/3/2018 Title:Public hearing, presentation, possible action, and discussion regarding a variance to the Unified Development Ordinance (UDO) Section 5.2 ‘Residential Dimensional Standards’ to allow a variance of 8.8 feet to the minimum 25-foot front setback for property located at 222 Tarrow Street and zoned PDD Planned Development District with a base zoning of T Townhouse. . Sponsors:Rachel Lazo Indexes: Code sections: Attachments:Tarrow Townhomes Application Setback Exhibit Final Plat Action ByDate Action ResultVer. Public hearing,presentation,possible action,and discussion regarding a variance to the Unified Development Ordinance (UDO)Section 5.2 ‘Residential Dimensional Standards’to allow a variance of 8.8 feet to the minimum 25-foot front setback for property located at 222 Tarrow Street and zoned PDD Planned Development District with a base zoning of T Townhouse. . College Station, TX Printed on 3/28/2018Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 7 April 3, 2018 VARIANCE REQUEST FOR 222 Tarrow Street AWV2018-000004 REQUEST: A variance to Unified Development Ordinance Section 5.2 ‘Residential Dimensional Standards’ to allow for an 8.8-foot variance to the required 25-foot front setback. LOCATION: 222 Tarrow Street Tarrow Townhomes Subdivision, Block 1, Lot 1 APPLICANT: Angel Cacho-Negrete PROJECT MANAGER:Rachel Lazo, Staff Planner rlazo@cstx.gov BACKGROUND: The subject property is located in the Tarrow Townhomes Subdivision and is zoned PDD Planned Development District with T Townhouse as the base zoning, which allows for attached single-family residential uses. By definition, a townhome is one single-family structure of a group of no less than 3 or more than 12 attached dwelling units, with each dwelling unit on its own separate lot. During the building plan review for a new townhouse development, the applicant discovered that the BTU easement bisecting the property is 40 feet in width rather than the 20-foot width previously shown on plats. The result of the error requires that the developer shift the buildings and lot lines for a row of 4 townhomes to accommodate the easement, which will in turn result in an encroachment into the front setback on the subject property. The proposed homes are approximately 27-feet wide. The existing Lot 1 Block 1 of the Tarrow Townhome Subdivision is the largest of the platted lots in the row, so the row of homes and their interior lot lines are proposed to be shifted so that all lots remain developable. The shift will create an encroachment into a corner of the front setback for the subject property; therefore, the applicant is requesting a variance to the Unified Development Ordinance (UDO) Section 5.2, ‘Residential Dimensional Standards’ to allow for a reduction of 8.8 feet into the 25-foot minimum front setback. APPLICABLE ORDINANCE SECTION: UDO Section 5.2 ‘Residential Dimensional Standards’ Zoning Board of Adjustment Page 2 of 7 April 3, 2018 ORDINANCE INTENT:UDO Section 5.2, ‘Residential Dimensional Standards’ 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 request due to the fact that the property is encumbered with a large amount of floodplain and numerous easements, one of which has recently been discovered to be doubled in size. The resulting buildable area is thus reduced and tightly confined by natural and utility/access related encumbrances. Zoning Board of Adjustment Page 3 of 7 April 3, 2018 Zoning Board of Adjustment Page 4 of 7 April 3, 2018 Zoning Board of Adjustment Page 5 of 7 April 3, 2018 NOTIFICATIONS Advertised Board Hearing Date: April 3, 2018 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: Chimney Hill HOA Property owner notices mailed: 15 Contacts in support: None at the time of this report. Contacts in opposition: Two (2) at the time of this report. Inquiry contacts: Four (4) at the time of this report. ZONING AND LAND USES Direction Zoning Land Use Subject Property PDD Planned Development District Single-Family Attached Residence (proposed) North PDD Planned Development District Single-Family Attached Residence (proposed) South GS General Suburban Single-Family Residence East (across Tarrow St) R-4 Multi-Family Multi-Family West PDD Planned Development District Single-Family Attached Residence (proposed) PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 123 feet of frontage on Tarrow Street. 2. Access: The subject building plot currently has shared access to Tarrow Street. 3. Topography and vegetation: The subject property relatively flat with no vegetation. The townhome development has significant topography due to the presence of floodplain on the north side of the development and contains at least one mature tree that has been preserved during construction of the development. 4. Floodplain: The subject lot is not located within the floodplain; however, the overall development has significant floodplain along the northern boundary. The development is located in the Burton Creek Drainage Basin. The natural conveyance path drains towards the northern end of the subdivision, ultimately to Burton Creek. Detention will not be required with the development due to the City of College watershed timing assessment study done in 2013 that deemed this portion of the creek as “No detention required”. Subject development has 100-year floodplain according to Firm panel 48041C0215F, dated 4/2/2014. Zoning Board of Adjustment Page 6 of 7 April 3, 2018 REVIEW CRITERIA According to Unified Development Ordinance Section 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 believe that an extraordinary or special condition exists, in this case a residential building permit application was submitted to the City that showed structure locations complying with the building setback and dimensional standards of the base T Townhouse zoning district. During the plan review for the new townhouse development, the applicant discovered that the 20-foot BTU easement that bisects the property was actually 40 feet in width. The width of the easement was incorrectly shown on plats. The result of the discovery requires that the developer shift the attached buildings and lot lines to accommodate the easement, which in turn would result in an encroachment into the front setback on the subject property. Staff believes a strict application of the UDO would deprive the applicant of the reasonable use of the property. 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. Without relief, the buildable area will be reduced further than is allowed elsewhere in the development. 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 because the townhome development was the last remaining undeveloped property in the surrounding area. The replatting within property will allow for the western lot of the townhome row to remain developable. 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 the fact that no portion of this encroachment is located within floodplain. Zoning Board of Adjustment Page 7 of 7 April 3, 2018 6. Other property: That these conditions do not generally apply to other property in the vicinity. The surrounding developments are not encumbered with the same amount of floodplain and easements that exist within the Tarrow Townhomes development. 7. Hardships: That the hardship is not the result of the applicant’s own actions. There is significant floodplain on the Tarrow Townhome development. In addition to the floodplain, the development has easements that wrap the properties and bisect the development. During the review of the building permits, it was discovered that the easement which bisects the property is actually 40 feet in width, instead of the survey-recorded 20 feet. The applicant states in the request that the easement width was shown incorrectly on the preceding plats, and greatly reduces the buildable area of the site. This new information creates an encroachment that is not of the owner’s making and is a hardship/special condition of the land. 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 restrict the applicant in the utilization of their property. W ith the unique shape of the development and encumbrances found within, the subject lot is limited to a restricted buildable area. ALTERNATIVES Shifting the building on the property to accommodate the additional easement requirement is not an option due to the reduced and confined buildable area defined by floodplain, utility easements, and access easements within the development. A potential alternative would be to reduce the size of the buildings and reduce all lots within the connected townhouse row to absorb this necessary reduction. STAFF RECOMMENDATION Staff recommends approval of the variance request. ATTACHMENTS 1. Application 2. Setback Exhibit 3. Existing Tarrow Townhome Subdivision Plat 02/26/2018 EAST 29TH S T R E E T CHIMNEY HILL CIRCLE T UNIT 5UPUNIT 6UNIT 7UNIT 8UNIT 9UNIT 10 UPUPUPUPUPUP WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.UNIT 4WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.FIRERISERROOMUNIT 1UNIT 2UNIT 3WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.WOOD DECK"TREX" OR EQ.WOOD STAIR"TREX" OR EQ.PIPER S ANDTHOMAS L GARDNER CHIMNEY HILL, LOT 50VALERIE E ANDPATRICK A DRAUGHTONCHIMNEY HILL, LOT 49LINDA AND JEFFERY SCOTT BAIRCHIMNEY HILL, LOT 48FIRERISERROOMUNIT 1ENGINEERING ▪ ARCHITECTURE ▪ SURVEYING 111 UNIVERSITY DRIVE EAST, COLLEGE STATION, TEXAS 77840 (979)485-2844 FAX (979)485-2845 TBPE F-4691 JOHNSON & PACE website: www.johnsonpace.comDRAWN BY:APPROVED BY:DATE:SHEET NO.:JOB NUMBER:SCALE:DPBDPBEX-14126-002AS NOTEDTARROW TOWNHOMES BUILDING SETBACK VARIANCE EXHIBITTHIS EXHIBIT HAS BEENPREPARED BY THE AUTHORITYOF DANIEL BEAMON, P.E. #105876.THIS EXHIBIT SHALL BE USEDFOR REFERENCE ONLY ANDSHALL NOT BE USED FOR BIDDINGOR CONSTRUCTION.FEB 26, 201825' BUILDING SETBACK22' ROW DEDICATIONEDGE OF COVEREDPATIOEDGE OF BUILDINGBUILDING SETBACK LINESCALE: 1"=40'40' BTU ELECTRICALTRANSMISSION EASEMENTSCALE: 1"=10'18.6'40.59'49.57'20.46'29.81'REFER TO INSET AINSET A7.0'8.8'EDGE OF DEDICATED ROW30' PUE FINAL PLAT OF TARROW TOWNHOMES 1.668 ACRES LOTS 1R-11R, BLOCK 1 AND COMMON AREA #1 BEING A REPLAT OF THE CHIMNEY HILL SUBDIVISION, VOL. 476, PG. 113 O.P.R.B.C. ADMINISTRATIVE & PROFESSIONAL TRACT RICHARD CARTER SURVEY, ABSTRACT No. 8 COLLEGE STATION, BRAZOS COUNTY, TEXAS DATE: 10/31/2017 SCALE: 1" = 30' OWNER/DEVELOPER: KD HOMEBUILDERS, LLC CERTIFICATE OF OWNERSHIP AND DEDICATION STATE OF TEXAS COUNTY OF BRAZOS I ___________________, owner and developer of the land shown on this plat, and designated herein as the ________________________, Subdivision to the City of College Station, Texas, and whose name(s) is/are subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, infrastructure, easements, and public places thereon shown for the purpose and consideration therein expressed. ____________________________________________ _____________ STATE OF TEXAS COUNTY OF ____________ Before me, the undersigned authority, on this day personally appeared, _______________________ known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/they executed the same for the purpose and consideration therein stated. Given under my hand and seal on this ______ day of _______________, 2016. _____________________________________________ Notary Public, ____________ County, State of Texas PLAT NOTES: 1.The Basis of Bearings for this Survey is the Texas State Plane Coordinate System, Central Zone, NAD 83 datum and were determined by using a Trimble R6 VRS Network GPS. 2.A portion of the subject property is located in Zone AE which is an area considered to be in the 100 year flood plain, the balance of the subject property is located in Zone X which is an area considered to be outside the 100 year flood plain as reflected on F.E.M.A. Flood Insurance Rate Map Community Panel No. 48041C0215F for College Station, Texas, and Unincorporated Areas, dated April 2, 2014. 3.This property is subject to a 20' wide Utility Easement, as depicted on the map or plat of Chimney Hill, as shown hereon. As depicted on said plat, said 20' easement is the assumed location (as constructed) of that certain (blanket) utility easement, described in instrument recorded in Vol. 139, Pg. 195, and that certain 20' electric easement, described in Vol. 335, Pg. 133, both of the Deed Records of Brazos County. 4.This property is subject to the terms, conditions and stipulations of that certain Ordinance No. 2016-3817 as it pertains to building setback lines. 5.All building lines and utility easements dedicated per previous plat (within the area of Administrative & Professional Tract) recorded in Volume 476, Page 113 of the Deed Records of Brazos County are hereby forever abandoned by this plat. 6.Private Drainage Easement and Private Access Easement are maintained by the Homeowner's Association. See the covenants, conditions, and restrictions for additional information. 7.No fences, grades, structures, landscape, etc. shall impede the flow of the private drainage easement. 8.An engineered slab or proof of compaction of fill will be required for any lots with more than two (2) feet of fill above the existing grade. Affects Lots 3, 5, 6, 8, 9, 10 and 11. 9.All finish floor elevations for properties in the floodplain must be at least one (1) foot above the designated Base Flood Elevation, 278.30', per Flood Insurance Rate Map as stated in note #2. CERTIFICATE OF CITY ENGINEER I _______________________, City Engineer of the City of College Station, Texas, hereby certify that this Subdivision Plat conforms to the requirements of the Subdivision Regulations of the City of College Station. ____________________________________________ City Engineer City of College Station CERTIFICATE OF THE COUNTY CLERK STATE OF TEXAS COUNTY OF BRAZOS I, _____________________________, County Clerk, in and for said county, do hereby certify that this plat together with its certificates of authentication was filed for record in my office the ______ day of ________________, 201__, in the Deed Records of Brazos County, Texas, in Volume _____, Page_____. WITNESS my hand and official Seal, at my office in Bryan, Texas ____________________________________________ County Clerk Brazos County, Texas CERTIFICATE OF SURVEYOR STATE OF TEXAS COUNTY OF BRAZOS I, James H. Thomas, Registered Professional Land Surveyor No. 5736, in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property and that property markers and monuments were placed under my supervision on the ground. ____________________________________________ James H. Thomas, RPLS No. 5736 APPROVAL OF PLANNING AND ZONING COMMISSION I _______________________, Chairman of the Planning and Zoning Commission of the City of College Station, hereby certify that the attached plat was duly approved by the Commission on the ____ day of _______________, 201__. ____________________________________________ Chairman Attest: ____________________________________________ Secretary SURVEYOR: THOMAS LAND SURVEYING ENGINEER: JOHNSON & PACE, INC