HomeMy WebLinkAbout07/06/2004 - Regular Agenda Packet - Zoning Board of AdjustmentsAgenda
College Station Zoning Board of Adjustment
City Hall Council Chambers
Tuesday, July 6, 2004
College Station
1101 Texas Avenue
Embracing the Past, Exploring the Future 6:00 p.m.
Call to order — Explanation of functions of the Board.
2. Consideration, discussion and possible action of absence requests.
3. Consideration, discussion and possible action to approve meeting minutes from
June 1, 2004.
4. Consideration, discussion and possible action to rehear the variance for 2100 Texas
Avenue South, lot 2, Kapchinski Hill Subdivision. Applicant is Boyd Hippenstiel,
Federal Heath Sign Company for Target Corporation. If the Board votes to rehear the
case it will be reheard at the Board's regular meeting August 3, 2004. (04 -105 JR).
5. Public hearing, consideration, discussion and possible action to approve a variance to the
Code of Ordinances, Chapter 13 Flood Hazard Protection, Section 5 -G., Special
Provisions for Floodways. The variance request affects the following two properties:
1501 Emerald Parkway and 1501 Emerald Plaza, being lot 1, block 1, and lot 5, block 1,
Emerald Park Plaza Subdivision. Applicant is Joe Schultz, P.E., with Texcon, as agent
for the property owner. (04 -139 ST).
6. Discussion of Administrative Adjustments approved by city staff.
— 2420 Texas Avenue South
7. Consideration and possible action on future agenda items — A Zoning Board Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation
shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
8. Adjourn.
Consultation with Attorney {Gov't Code Section 551.071 • possible action
The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated
litigation subject or attorney- client privileged information. After executive session discussion, any final action or
vote taken will be in public. If litigation or attorney - client privileged information issues arise as to the posted
subject matter of this Zoning Board of Adjustments meeting, an executive session will be held.
The building is wheelchair accessible. Handicap parking spaces are
available. Any request for sign interpretive services must be made 48 hours
before the meeting. To make arrangements call
(979) 764 -3517 or (TDD) 1- 800 - 735 -2989.
MINUTES
Zoning Board of Adjustment
June 1, 2004
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Rodger Lewis, Graham Sheffy
& Ward Wells
MEMBERS ABSENT: Alternates Jay Goss & John Fedora (not needed).
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner's Jennifer Prochazka,
Molly Hitchcock, Jennifer Reeves & Sven Griffin, City Attorney Carla
Robinson, Action Center Representative Regina Kelly.
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Chairman Hill called the meeting to order.
AGENDA ITEM NO. 2: Consider any absence request forms.
No requests were submitted.
AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting
minutes from May 4, 2004.
Mr. Sheffy made the motion to approve the minutes. Mr. Richards seconded the motion, which
passed unopposed (5-0).
AGENDA ITEM NO. 4: Public hearing, consideration, discussion and possible action to
approve variances for block 2, Richards Subdivision (corner of Sterling Street and Crest Street).
Applicant is Shabeer Jaffar. (04 -77).
Staff Planner Molly Hitchcock presented the staff report and told the Board that the applicant is
requesting the variances for the construction of a new single- family home. The requested variances are
a 3.5 -ft side setback and a 9 -ft side street setback. Because of the right -of -way acquisition for Crest
Street in 1981, the property does not meet the minimum lot width of 50 -feet for an R -1 Single Family
lot; but is allowed to pursue single family development: Any lot made non - conforming solely by means
of area dedicated, condemned, sold, or otherwise conveyed for public right -of -way shall be allowed use
as if such area were a part of the remaining lot, except that all applicable setbacks shall be adhered to.
As is true for any property in the City, variances based upon a special condition and resulting in a
hardship may be requested and considered for the property.
The applicant is requesting a variance of 4 -feet to the side setback and 6 -feet to the side street setback
to allow for the construction of the new single family home.
The applicant offers a small lot size as a special condition. The property was platted in Richards
Subdivision in 1948. It was replatted in 1977, establishing the southwest property line. In 1981, the
northeast property line was pushed back when the new right -of -way line for Crest Street was set; thus
reducing the width of the lot.
With the reduced buildable area, the applicant has stated that it is too small for a house to be built with
current setback requirements.
An alternative to the setback variances is to build a house that would be 17.54- 19.08 -feet wide.
Ms. Hitchcock ended by telling the Board that owner of the surrounding properties is in opposition to
granting the variances.
Chairman Hill opened the public hearing for anyone wanting to speak in favor of the variances.
Shabeer Jaffar, the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. Jaffar
spoke in favor of the variances. Mr. Jaffar explained that the narrow lot width makes it very difficult to
build a reasonable size home. He explained that this property was foreclosed for taxes and that is how
he came to purchase it. At the time he purchased the property he did not know what the dimensions of
the lot were. If he had known at the time of purchase that the lot was so small he would have
reconsidered buying it. He later found out the dimensions when he received the deed.
Greg Taggert, Municipal Development Group, stepped before the Board and was sworn in by
Chairman Hill. Mr. Taggert spoke in favor of the variance.
With no one else stepping forward to speak in favor of the variance requests, Chairman Hill called for
anyone wanting to speak in opposition to the requests.
Doug Peterson, Owner of Twin City Properties, stepped before the Board and was sworn in by
Chairman Hill. Mr. Peterson handed the Board a plat showing all the properties he owned around the
lot in question. He explained that he bought the neighborhood and he thought that the lot in question
came with the purchase. He went on to tell the Board that he served on the Ad Hoc Committee
concerning rental registration, unrelated occupants and in fill development. The one thing that the 28
members agreed on was that in -fill was a sensitive subject. Lots like this that were not big enough to
build on were being inundated by builders. Mr. Peterson stated that after all the years of him thinking
he owned the lot, if he felt it was appropriate to build on he would have built on it.
Chairman Hill closed the public hearing.
ZBA Minutes June 1, 2004 Page 2 of 5
Mr. Sheffy made the motion to deny a variance to the minimum setback from the terms of this
ordinance as it will be contrary to the public interest due to the lack of any special conditions, and
because a strict enforcement of the provisions of the ordinance would not result in unnecessary
hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial
justice done. Mr. Lewis seconded the motion.
Mr. Lewis stated that he does feel that there may be a little special condition with the city taking some
of the lot for Crest Street, but it does not warrant what a variance would do to the neighborhood.
Mr. Wells stated that he disagreed. He described the area as being fairly high density. He added that
he does believe the lot size is too small, but he also believes it can be designed so it is an attribute to
the neighborhood. There is no reason why with a minimal setback you can not get the same 1000 to
1100 sq ft house that would match the rest of the neighborhood. Mr. Wells ended by saying that it does
not serve the property owner or the neighborhood any benefit by leaving it vacant.
Mr. Sheffy stated that the lot looks like a pretty playable park and to cram a house in that small of an
area it is going to look like a crammed in house.
Mr. Richards stated that it will create an in -fill problem. This is a problem through out the city.
Chairman Hill stated that it is a risk you take when you buy something site unseen. He ended by saying
he does not support granting the variances.
Chairman Hill called for the vote. The Board voted (4 -1). The variances were denied. Mr. Wells
voting to grant the variances.
AGENDA ITEM NO. 5: Public hearing, consideration, discussion and possible action to
approve a variance for 2100 Texas Avenue South, lot 2, Kapchinski Hill Subdivision. Applicant
is Wakefield Sign Service for Target Corporation. (04 -105)
Staff Planner Jennifer Reeves presented the staff report and stated that the applicant is requesting the
variance to allow the proposed attached "Target" sign to extend 5 -feet away from the building fagade,
thus the applicant is requesting a 4 -foot variance. There is also a 1 -foot 8" variance in height for the
"Target" letters to exceed more than one foot above the top of the structure.
The applicant did not state a special condition.
The applicant states as a hardship: due to architectural elements on the building, the "Target" letters
project more than 12- inches from the building.
As an alternative the applicant states that the sign can be placed on an alternative location on the wall.
Chairman Hill asked what the intent of the ordinance is. Ms. Reeves responded for signs not to stick
out more than a foot away from the structure above it, to prevent clutter and to project a more uniform
look.
ZBA Minutes June 1, 2004 Page 3 of 5
Chairman Hill opened the public hearing for those wanting to speak in favor of the variance.
Zachary McFarland, Wakefield Sign Services, stepped before the Board and was sworn in by Chairman
Hill. Mr. McFarland spoke in favor of the variance.
Chairman Hill asked Mr. McFarland if the variance is not granted what would they do with the sign.
Mr. McFarland responded that it would be placed back on to the actual surface or placed on the side of
the bull's eye.
Mr. Wells made clarification for the Board members that the Target letters are setting on top of the I-
beam and the I -beam sets on top of structural members that are coming out from the porch cover, but
recess back from the front surface of the edge of the canopy. Mr. Wells asked if the letters were not on
top of the I -beam, but were setting actually in front of the canopy, would that meet the ordinance. Ms.
Reeves stated that it would come a lot closer to meeting the ordinance. Ms. Reeves went on the
explain that right now the I -beam is making the sign stick up 2 -feet 8" above that structure which is not
allowed. However, if they do put the sign on the front curbed surface they may could take 8" off of it
and attach it to the front and it may meet the ordinance.
With no one else stepping forward to speak in favor or opposition of the variance request, Chairman
Hill closed the public hearing.
Mr. Lewis made the motion to deny a variance to the sign regulations from the terms of this
ordinance as it will be contrary to the public interest, due to the lack of unique special conditions not
generally found within the City: and because a strict enforcement of the provisions of the Ordinance
would not result in substantial hardship to this applicant, and such that the spirit and intent of this
ordinance shall be preserved and the general interests of the public and the applicant served. Mr.
Sheffy seconded the motion.
Chairman Hill stated that he opposed the variance. He explained that basically you have a canopy and
they want to put the sign on the canopy. This is what the sign ordinance is trying to prevent. The
letters can be moved back against the main building or they can be placed on the front edge of the
canopy. Either one of the solutions would work and comply with the ordinance.
Mr. Lewis stated that he agreed and there are other workable options.
Mr. Wells stated that he agreed as well.
Chairman Hill called for the vote. The Board voted (5-0). The variance is denied.
AGENDA ITEM NO. 6: Discussion of Administrative Adjustments approved by City Staff.
No adjustments given.
ZBA Minutes June 1, 2005 Page 4 of 5
AGENDA ITEM NO. 6: Consideration and possible action on future agenda items — A
Zoning 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 were no items discussed.
Mr. Richards wanted to Thank Mr. Lewis for his service to the Board.
Chairman Hill thanked Mr. Lewis for his service and stated that his in put will be missed.
AGENDA ITEM NO. 7: Adjourn.
The meeting was adjourned.
APPROVED:
Leslie Hill, Chairman
ATTEST:
Deborah Grace, Staff Assistant
ZBA Minutes June 1, 2003 Page 5 of 5
06/10/2004 16:13 8138543037 HEATH PAGE 02
4 FEDERAL
HEATH
SIGN COMPANY
City of College Station
Zoning Board of Adjustment
i 101 'Texas Ave
College Station TX 77840
Re: Target Corp./ Sign Variance
Dear Board Members of the Board,
6/10/04
On belialf of Target stores, we respectfully request you consideration in allowing a re.
visitation of the case heard in your June 1 s`, 2004 ZETA Meeting regarding the request of
variance to Section 7.4.1.6.d of the Unified Development Code in order to allow For
Target to display signage on an entry canopy specifically designed for this purpose.
We are requesting that this case be reheard, as the original case was denied based upon
evidence presented that was insufficient to demonstrate the hardship posed by the
applicable section of the Unified Development Code.
The new storefront, which in fact was reviewed and approved through the Planning and
Zoning Division, is now complete. Actual photo's of the canopy feature as well as a visit
to the site may very well better demonstrate the restriction the applicable section of the
ordinance imposes on Target by not allowing the sign to be mounted on the architectural
canopy feature.
The proposed signage, which is a new national brand image and trademarked sign, when,
mounted on any other location on the building, would not allow Target to display the
maximum sign area permitted by the Uniform Development Code which places an undue
hardship on Target that is not commonly imposed on other properties.
We ask that you reconsider your original decision of denial of the variance request and
allow for this case to be re- presented with new information and exhibits to better
demonstrate our case.
Should you have any questions in this matter, please feel free to contact me at 800 -284-
3284 ext 232 and I will be glad to discuss any information that may .help to clarify this
issue.
Respectfully submitted for your consideration.
Sincerely,
Boyd Hippenstiel
SR. Accowit .Representative
radprgl Htwh SIM Company. LLC
3985 Tgmpa RQV. Oldsmar, FL 3467;
8 13.85,1.4415 , phone
813.854,3037... Fax
www.1@d01 alhaaih.00m
STAFF REPORT
Project Manager: Spencer Thompson
Email: shompson@cstx.gov
Date: June 25, 2004
Date: June 25, 2004
APPLICANT: Joe Schultz P.E.
ZBA Meeting Date: July 6, 2004
REQUEST: Variance to the Code of Ordinances, Chapter 13, Flood Hazard
Protection. Section 5: Special Provisions, G. Special Provisions for
Floodways
LOCATION: 1501 Emerald Parkway and 1501 Emerald Plaza being Lot 1 Block
1 and Lot 5 Block 1 Emerald Park Plaza Subdivision respectively.
PURPOSE: Allow encroachment into the floodway as depicted on the FEMA
Flood Insurance Rate Map (FIRM).
GENERAL INFORMATION: The applicant is contending that the FIRM is incorrect as
to floodplain and floodway location. Information has been provided to the City to
support the Applicant's premise.
Status of Applicant: Joe Schultz, P.E., Engineering Consultant for Owner
Property Owner: Allen Swoboda, Developer of Emerald Forest
Applicable Ordinance Section: Chapter 13, Flood Hazard Protection. Section 5:
Special Provisions, G. Special Provisions for Floodways
PHYSICAL CHARACTERISTICS
Zoning and Land Use: The subject tracts are currently undeveloped. The tract
adjacent to Lot 1 has developed as a professional building. The tract adjacent to Lot
2 is currently being developed as a dental office and future professional building.
Subject Property: Commercial, A -P
North: R -1 and A -O
West: N /A, Freeway
East: Commercial, A -P.
South: M -1
Frontage: Lot 1 has frontage on the feeder road, Emerald Parkway and Emerald
Plaza. Lot 2 has frontage on the feeder road and Emerald Plaza
Access: Lot 1 will take access from Emerald Parkway and /or Emerald Plaza. Lot 2 will
take access from Emerald Plaza.
Topography & Vegetation: TxDOT secured a drainage easement on Lot 2 during
construction of State Highway 6 Bypass. A drainage channel was constructed in the
easement. Lot 2 was issued a Development Permit by the City for fill in the
floodplain per the 1992 FIRM. Fill was placed on the lot. Lot 2 is mostly grass land
along the front and heavily wooded to the rear.
Floodplain: As shown of the FIRM. See attachment
VARIANCE INFORMATION
ANALYSIS
The City of College Station has adopted floodplain ordinances and associated
regulations as required by FEMA in order for its citizens to participate in the National
Flood Insurance Program. Enforcement of adopted ordinances is a requirement of
participation in the insurance program. The above referenced ordinance prohibits
encroachment into the floodway. The ordinance defines these two floodplain related
terms as follows:
Floodplain: any land susceptible to being inundated by water from any source.
Floodway: the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
Section G.5 further describes the floodway and prohibits encroachment as follows:
G. SPECIAL PROVIS IONS FOR FLOODWAYS
Located within Areas of Special Flood Hazard established in Section 5 -8 are areas
designated as floodways. The floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles, and the potential for
erosion; therefore, the following provisions shall be required:
(1) Encroachments shall be prohibited, including fill, new construction, substantial
improvements of existing construction, structures, manufactured homes, or other
development. Variances requested on this standard shall be accompanied by a
complete engineering report fully demonstrating that the encroachments shall not
result in any increase in water surface elevation or flood hazard upstream, within,
or downstream of the encroachment location. The engineering report shall
conform to the requirements of the Drainage Policy and Design Standards and
shall bear the dated seal and signature of a registered professional engineer.
The Applicant has provided to the City a flood study for this area of Bee Creek. The
study was initially produced to submit to FEMA as a request for a Letter of Map
Revision (LOMR). City staff reviewed the study and felt it was not comprehensive
enough to warrant an actual change to the adopted map without looking at the
floodplain more extensively upstream and down stream.
It must first be noted that this area of Bee Creek includes several hydraulic
irregularities. The subject area is the point of confluence for Bee Creek Main and Bee
Creek Tributary A. Just before the two streams converge, Bee Creek Main "proper"
passes through a single - barrel culvert under Earl Rudder Freeway while additional flow
passes through a 3 -acre pond and then through an eleven - barrel culvert under the
freeway. Trib. A winds behind Crystal Park Plaza and flows through a four - barrel
culvert "catty corner" under the intersection of the freeway, Emerald Parkway and
Harvey Mitchell Parkway. During flooding events, floodwaters back up behind the
aforementioned culverts. During such flooding events flow also passes over Harvey
Mitchell Pkwy and under the freeway overpass. It is my understanding that flooding
events have not caused water to pass over the freeway, itself.
As mentioned previously, the Applicant submitted a flood study addressing the subject
property and the floodplain/ floodway locations. Due to the hydraulic complexities
associated with this area of the floodplain, the City retained the professional services of
Mitchell and Morgan, LLP to further evaluate the submitted flood study. Several key
issues were identified in the review of the flood study and are enumerated below.
(1) A map revision was issued in 2000 that changed the floodplain on the subject
property. The floodplain changes depicted on the map were a direct result of the
construction of both Appomattox across Bee Creek and the associated overflow
channel for development of the Emerald Forest Subdivision.
(2) The revised FIRM dated 2/9/00 and floodplain data provided in the Flood
Insurance Study (FIS) also dated 2/09/00 do not correspond to on- the - ground
information. This includes river stations, floodplain and floodway widths, cross
sections, etc.
(3) Fill was placed on the subject property that was not considered in the map
revision. The placement of said fill occurred before the map was revised to show
the subject area as floodway.
(4) In order for the City to approve a revision to the FIRM a study of the creek will
need to be performed that incorporates additional topographic information and
extends the model further upstream and downstream.
(5) The City plans a study of Bee Creek in this area in the near future.
(6) The flood study was sufficient information to present to the ZBA to consider a
variance request to the ordinance.
A few additional items:
• Please note, "development" does not necessarily refer to a building or structure
but to "any man made change ".
• The TxDOT Drainage Easement preserves the easement area for the drainage
channel. Any encroachment into the area will have to be permitted by TxDOT.
Any encroachment into the area is subject to future channel needs.
• Approval of a variance does not make the floodplain/ floodway "go away ".
Development and insurance requirements are all still applicable.
• FEMA and City regulations both allow minor encroachments and fill of the flood
fringe.
• Fill in the floodplain is required to be performed according to Technical Bulletin
10 -01 Ensuring That Structures Built on Fill In or Near Special Flood Hazard
Areas Are Reasonably Safe From Flooding in accordance with the National Flood
Insurance Program.
■ Should the variance be granted and the fill be placed on the lots, the new topo
information may be included in the study when the floodplain is re- studied and
possibly re- mapped.
Special Conditions: The FIRM depicts the floodway as being located on the subject
properties. Per the flood study provided by the applicant, the floodway is still being
preserved if requested encroachment is approved.
Hardships: Development of the subject property in areas shown as floodway is
precluded by City ordinance. It is the Applicant's opinion that the FIRM is in error
and that there is no floodway on the subject site.
Alternatives: Possible alternative options to requested encroachment:
• Option 1: Prohibit encroachment into the floodway as shown on the adopted FIRM.
Fill/ development will be limited to the flood fringe boundary.
• Option 2: Allow encroachment into the floodway except not into TxDOT Drainage
Easement.
• Option 3: Allow encroachment as requested but Owner agrees to preserve forested
areas or a portion thereof.
SPECIAL INFORMATION
Ordinance Intent: The intent of the ordinance is to preserve the floodway. See
Floodway definition.
Similar Requests: A similar request went before the ZBA to consider encroachment
into the floodway along Wolf Pen Creek behind Texas Avenue Crossing (Bed, Bath
and Beyond).
Number of Property Owners Notified: 10
Responses Received: 2
ATTACHMENTS
Application
Small Area Map
Aerial and Topo
Exhibit B: Limits of Fill
Acronyms and Definitions
City staff will have applicable information for reference purposes and provide additional
exhibits during the presentation. The Applicant may wish to present additional
information, as well.
`R 1
COLLEGE STATION
ZONING BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
x Filing Fee of $150.00.
x Application completed in full.
x Additional materials may be required of the applicant such as site plans, elevation drawings, sign details
and floor plans. The Zoning Official shall inform the applicant of any extra materials required.
Date of Preapplication Conference: May 13, 2004
APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name Joe Schultz P.E. - Texcon
Street Address 1707 Graham Road City College Station
State TX Zip Code 77845 E -Mail Address loeschultz(a)_texcon.net
Phone Number (979) 764 -7743 Fax Number (979) 764 -7759
:OPERTY OWNER'S INFORMATION:
Name Allen Swoboda
Street Address 8300 Shadow Oaks City College Station
State TX Zip Code 77845 E -Mail Address - --
Phone Number (979) 694 -8010 Fax Number - --
LOCATION OF PROPERTY:
Address 1501 Emerald Plaza and 1501 Emerald Parkway
Lots 5 & 1 Block 1 Subdivision Emerald Park Plaza
FOR OFFICE USE ONLY
CASE NO.: 0-4
/'��I �
DATE SUBMITTED: V W (A
Description if there is no Lot, Block and Subdivision
Action Requested: (Circle One)
Setback Variance
Parking Variance
Sign Variance
A -P
Appeal of Zoning Official's Interpretation
Current Zoning of Subject Property:
Special Exception
Other Chapter 13 - Flood Hazard Protection
Applicable Ordinance Section: Code of Ordinances -Chapter 13 Flood Hazard Protection Section 5.G.
6/13/03 Page 1 of 2
GENERAL VARIANCE REQUEST
— he following specific variation from the ordinance is requested:
Encroachment into the FEMA FIRM (Flood Insurance Rate Map ) designated floodway area with fill material and
new construction such as parking lots and buildings The encroachment into the floodway area is proposed for
1.68 acres of Lot 5 Block 1 and 0.42 acres of Lot 1 Block 1 Emerald Park Plaza Subdivision. The property for
which the variance is requested is shown on the attached Exhibits A & B. Exhibit B shows the dimensions of the
proposed floodway encroachment areas
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.
The floodway limit shown on the current FIRM for this property is not based on a detailed engineering study of the
immediate area where this property is located. An engineering study has been completed and submitted to the City
of College Station The results of this study show that the floodway is within the limits of the TxDOT drainage
easement on Lot 5 and the TxDOT right -of -way adjacent to Lot 1, except for the west corner of the lot. The current
location of the floodway area shown on the FIRM which is not correct, prevents development of the property.
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial
hardship is /are:
irdship Definition: The inability to make reasonable use of the property in accord with the literal
equirements 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.
The floodway area limit bisects Lot 1 and Lot 5 and the portion not within the floodway is not developable due to its
shape and size. The floodway area requested for encroachment was approved for fill placement in the mid 1990's.
Fill material was placed so the area could be developed. Approval of this variance request would allow
development on property that was previously approved for development by the City of College Station.
The following alternatives to the requested variance are possible:
A Letter of Map Revision (LOMR) has been prepared for this site and this LOMR would move the floodway area
limit to the location shown on Exhibit A thereby allowing the development of the property. The LOMB process may
require a significant amount of time to complete and the City of College Station is also preparing a LOMR
application which would include this area. It might be prudent to not submit the LOMR for this small area, and wait
until the City's LOMR is submitted. Since this could take up to 18 months to complete, this variance would allow the
development of this property to proceed before the LOMR is approved.
This variance will not be contrary to the public interest by virtue of the following facts:
The current flood map is incorrect. An engineering /hydrology study has been completed, which establishes this
fact. The area which is the subject of this variance request will not be in the floodway once the flood map has been
revised. The process of revising the flood map will take 18 months or lonqer, and the outcome is virtually assured
given the engineering study that has been completed. Since the property will no longer be in the floodwav, it is not
contrary to the public interest to allow development in the area which is the subject of this variance request.
, e applicant has prepared this application and certifies that the facts stated herein and exhibits attached
Preto are true, correct and complete.
V%-4 1 F, 5 . w
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Acronyms and Definitions
Acronyms
FEMA: Federal Emergency Management Agency
FIRM: Flood Insurance Rate map
NFIP: National Flood Insurance Program
FIS: Flood Insurance Study
SFHA: Special Flood Hazard Area
BFE: Base Flood Elevation
LOMR: Letter of Map Revision
Definitions
FLOODPLAIN OR FLOOD -PRONE AREA - means any land susceptible to being
inundated by water from any source.
FLOODWAY - means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
DEVELOPMENT - means any man -made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, clearing, or drilling operations.
ENCROACHMENT - means an intrusion, obstruction, or other infringement on an area
reserved for a specific purpose such as an easement or floodway.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, the water surface elevation of
the base flood, as well as the Flood Hazard Boundary Floodway Map
OLLLL STA
IO N
FOR OFFICE USE ONLY
CASE NO.: 0 ` 1
DATE SUBMITTED:
ADMINISTRATIVE ADJUSTMENT APPLICATION y ItCtla`-
►0
Filing Fee of $40.00.
Application completed in full.
MINIMUM SUBMITTAL REQUIREMENTS:
Additional materials may be required of the applicant such as site plans, elevation drawings, sign details
and floor plans. The Zoning Official shall inform the applicant of any extra materials required.
Date of Preapplication Conference:
APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name Andy Lee, K. Chen Engineering
'Weet Address 6161 Savoy, Suite 310 City Houston
State TX Zip Code 77036 E -Mail Address halee(cD-kcunited.com
Phone Number 713 - 952 -6888
PROPERTY OWNER'S INFORMATION:
Fax Number 713 - 952 -9994
Name Jack Hoover, McDonald's Corporation
Street Address 3707 FM 19.6.0 West, Suite 300 City Houston
State TX Zip Code 77068 E -Mail Address iack.hooverOmcd.com
Phone Number 281 - 587 -7341
LOCATION OF PROPERTY:
Fax Number 281 - 587 -7367
Address 2420 Texas Avenue
Lot 1 Block
Subdivision Parkway Plaza, Phase Seven
Description if there is no Lot, Block and Subdivision
Current Zoning of Subject Property: C -1
Acable Ordinance Section: UDO 7.2 -1
hq
6/13/03
ADMINISTRATIVE ADJUSTMENT REQUEST
The following specific adjustment (up to 10 %) from the ordinance requirements is requested: code
requires 1 parking space per 100 s.f. gross building area for a restaurant with drive thru This would require
42 spaces (4,155 gross building /100 =41 55 =42 spaces) We are requesting the City to allow 39 spaces
which is within the 10 %.
This adjustment will not be contrary to the public interest by virtue of the following facts: We believe that
sufficient parking will be made available based on the existing usage of the site The current site has 42
spaces available, however they are not all utilized This is due to a lot of pedestrian traffic to this site
The granting of the adjustment will not materially or adversely affect adjacent land uses or the physical
character of the uses in the immediate vicinity because of the following: is an existing McDonald's
currently on the site. We are proposing a complete reconstruction of the site that will bring it current with Citv
College Station design standards and landscaping requirements
The granting of the adjustment will be consistent with the purpose and intent of the Unified Development
Ordinance because of the following: Allowing 3 fewer spaces will not adversely affect the intent and purpose
of the UDO due to the location of this project The enhanced landscape /streetscape will improve pedestrian
traffic to this site. Therefore, the provided parking will be adequate
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached
hereto are true, correct and complete.
a'
Signature and Title
Jume 5 2 oW
Date
6/13/03
` The Ci of
e a Stati on Texas
g
Embracing the Past, Exploring the Future.
P.O. Box 9960 1101 Texas Avenue • College Station, TX 77842 (979) 764 -3500
www.ci.college-station.tx.us
23 June 2004
Andy Lee, K. Chen Engineering
6161 Savoy, Suite 310
Houston, Texas 77036
RE: 2420 Texas Avenue South College Station Texas
Lot 1, Parkway Plaza Phase 7
Dear Mr. Lee,
This letter is to inform you that the above referenced property has received an administrative
adjustment of three parking spaces to the 42 spaces required for the proposed 4,155 square foot drive -
thru restaurant, provided that a bicycle rack is sited in an approved location on the property (the
number of parking spaces required is based on a parking ratio of one space per 100 square feet of
drive -thru restaurant building area).
According to the Unified Development Ordinance (UDO), Section 3.15, the Administrator has the
authority to authorize adjustment of up to 10 percent from any numerical zoning standard set forth in
Articles 5, 6, or 7 of the UDO. To approve the application for an administrative adjustment, the
Administrator shall make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the
UDO, have been met.
The Administrator has found that:
Granting the adjustment will ensure the same general level of land use compatibility as the
otherwise applicable standards because the amount of the adjustment is negligible and will not
significantly alter the intensity of the land use.
Granting the adjustment will not materially or adversely affect adjacent land uses or the
physical character of uses in the immediate vicinity of the proposed development because the
existing McDonald's is redeveloping as the same use and with the same general site layout,
and
Granting the adjustment will be generally consistent with the purposes and intent of this UDO
owing to the fact that a bicycle rack will be provided in lieu of the 3 required parking spaces.
If you have any questions, please feel free to call me at (979) 764 -3570.
Sincerely,
YJ-Q-Q' an,��
Glenn Brown
Assistant City Manager
cc: Case File # 03 -14
Case File # 04 -146
Jack Hoover, McDonald's Corporation
Home of Texas A &M University
CHARLES A. ELLISON,
P. Ce
ATTORNEYS AT LAW
2501 ASHFORD DRIVE
SUITE 100
COLLEGE STATION, TEXAS 77840 -4698
MAILING ADDRESS
P.O. BOX 10103
COLLEGE STATION, TEXAS 77842 -0103
CHARLES A. ELLISON
TELEPHONE: (979) 696 -9889
AMY L. CLOUGH•
FACSIMILE: (979) 693 -8819
'also licensed in Wisconsin
July 2, 2004
BY HAND DELIVERY
City of College Station Development Services
1101 Texas Avenue
College Station, TX 77840
ATTN: DEBORAH GRACE
Re: Allen and Patty Swoboda Variance Request
Dear Deborah:
Thank you for agreeing to include this letter in the packet being sent to the members of the Zoning
Board of Adjustment (the "ZBA ") for consideration of the Swoboda's request for variance in
accordance with Chapter 13, Section 6 of the Code of Ordinances for the City of College Station
(the "Code ").
Facts
In 1992, the City of College Station (the "City ") issued a development permit for Allen and Patty to
fill a portion of the floodplain on Lots 1 and 5 of Emerald Park Plaza (the "Land ") , which they did.
In 2000, the Federal Emergency Management Agency ( "FEMA ") reissued the Flood Insurance Rate
Map (the "FIRM ") that covers the Land. The FIRM widely expanded the floodway and failed to
consider the fill that was added following the 1992 development permit. Allen and Patty contracted
with Joe Harle, RPE and Joe Schultz, RPE to perform an engineering study in accordance with the
City's Drainage Policy and Design Standards (the "Study ") as required by the Code. The Study
was performed and submitted to the City for review which clearly indicates that the portion of the
Land to be developed is not in the floodway. Attached to this letter is a copy of a letter prepared
by Joe Harle along with his resume'. At the suggestion of the City personnel, Allen and Patty have
submitted their variance request to this body.
Authority
The ZBA is authorized to grant a variance from the provisions of Chapter 13 of the Code if, "in their
opinion, undue hardship on the owner will result from strict compliance with those requirements,
and when ...
(1) There are special circumstances or condition affecting the land involved such that strict
compliance with the provisions and requirements of this chapter will deprive the applicant
of the reasonable use of his land...."
In making their decision the ZBA must find that (paraphrased):
(A) the variance is the minimum necessary to afford relief to the applicant, considering the
flood hazard or potential flood damage;
(B) the effect of the variance will not be detrimental to public health or safety and will not
injure other property;
(C) the variance will not increase water surface elevations, flow velocities, or alter drainage
pathways to the extent that there will be any threat to public safety, extraordinary public
expense, increase in nuisance flooding or hurt drainage systems;
(D) the effect will not prevent the orderly subdivision of other land;
(E) the variance allowing development in the floodway will not cause an increase in the
base flood elevation;
(F) the variance must follow the procedures outlined in the Code and the development must
minimize flood damage during the base flood and create no additional threats to public
safety.
Facts in Support of Authority to Grant Variance
The ZBA is urged to consider the following matters it is required to take into account, numbered
or lettered as outlined above:
The special circumstance that affects the Land which, if the Code is strictly applied, will
deprive Allen and Patty of the reasonable use of their Land is that, according to the Study,
prepared in accordance with the Code, the Land is not in the floodway.
A. The variance is the minimum necessary because without it, there can be no effective use
of the Land. There is no lesser variance that would allow any use of the Land.
B. The variance will only allow development that is already authorized for land similarly
situated throughout the City. There will be no change whatsoever in the "actual floodway."
C. The variance will not create any threat to public safety, extraordinary public expense,
increase in nuisance flooding or hurt drainage systems because the Land is not in the
floodway and the development that will occur is only what is already allowed by the Code.
D. The granting of the variance on this particular tract of land will not prevent other tracts of
land from being required to develop out of the floodway or meet the variance requirements,
as the case may be.
E. The Land should not be in the designated floodway and development that will occur will
comply with the all other requirements of the Code regarding floodplain development and
drainage.
F. The procedure followed by Allen and Patty complies completely with the requirements of
the Code and the development will in all respects comply with the Code.
Conclusion
The intent of the flood hazard regulations in Chapter 13 of the Code exist to protect the public from
development which is adverse to the public health, safety and welfare. It is generally considered
that development in the floodway is potentially injurious to the public's health, safety or welfare.
The granting of a variance in this circumstance will have no detrimental impact on the public's
health, safety or welfare because the Land is not in the floodway. Through an unfortunate turn of
events, FEMA redesignated the floodway without correct data. The Study, which the City concurs
with, definitively establishes that the Land is not in the floodway. Application of the ordinance will
serve to deprive Allen and Patty of any effective use of their Land. It would be disastrous to the
Swoboda's for the City to ignore the benefit which will be gained by granting this variance,
especially in view of the fact that there is no discernable harm caused by the granting of the
variance.
Thank you for your consideration.
Very truly yours,
zq�41 t,9
Charles A. Ellison
CAE: bg
Enclosures
cc: Allen and Patty Swoboda
Joe Harle
Joe Schultz
J.ul 01 04 04:OOp STOKES a ASSOCIATES (903)657 -7864 p.2
EAST TEXAS ENGINEERS, INC.
3401 Sam Page Road
Longview, Texas 75605
Voice/Fax 903.663.4509
Mobile 903.746.4357
July 1, 2004
City of College Station 1
Zoning Board of Adjustments
City of College Station
1101 Texas Avenue
College Station, Texas 77840
Re: Zoning Board of Adjustment Application
1501 Emerald Plaza 81501 Emerald Parkway
Dear Board Members:
East Texas Engineers, Inc. has conducted an engineering study of the floodplain and floodway of Bee Creek
and Bee Creek Tributary A in the vicinity of the intersection of State Highway 6 Bypass and Emerald Parkway.
The engineering study and report have been reviewed with City staff.
The results of the engineering study show the FEMA floodway boundaries of Bee Creek and Bee Creek
Tributary A to be in error at Lots 1 and 5 of Block 1 of the Emerald Park Plaza Subdivision. City staff is in
agreement that the floodway boundaries are in error and recommended that we seek a variance from the
Zoning Board of Adjustments to allow proposed development of those portions of Lots 1 and 5 which are
outside the corrected floodway boundaries.
I have reviewed Chapter 13 (Flood Hazard Protection) of the City of College Station Code of Ordinances. In
my professional opinion, the requested variance for Lots 1 and 5 is in accord with all provisions of Section 6
(Variances) of Chapter 13. A primary intent of Chapter 13 and Section 6 is to prohibit development within a
floodway. Since proposed development of Lots 1 and 5 does not encroach on the corrected floodway of either
Bee Creek or Bee Creek Tributary A, as established in the engineering study, the proposed development
does not conflict with the intent of Chapter 13.
If you have any questions, please do not hesitate to contact me at 903.746.4357.
Very truly yours,
EAST TEXAS ENGINEERS, INC.
N. ante, P.E.
Prince al
JOE N. HARLE, P.E.
PERSONAL
Born January 25, 1950 in Port Arthur, Texas
EDUCATION
Graduate of Mineola High School in Mineola, Texas, 1968
B.S. Civil Engineering, University of Texas at Austin, 1973
PROFESSIONAL REGISTRATION
Professional Engineer - Texas No. 42972
Louisiana No. 18406
Oklahoma No. 11996
EMPLOYMENT HISTORY
1989 - Present East Texas Engineers, Inc., Longview, Texas - Principal
1980-1989 KSA Engineers, Inc., Longview, Texas
Vice - President of Hydrologic and Hydraulic Engineering
1973-1980 Turner, Collie & Braden, Inc. Consulting Engineers, Houston, Texas
Project Engineer, Planner, Project Administrator
SUMMARY OF EXPERIENCE
Thirty one years of consulting engineering experience on water, storm water, wastewater,
paving, land development and other projects for public and private sectors. Special expertise in
storm water drainage and erosion control, surface water hydrology and hydraulics, water supply
planning and development and computer modeling. Responsibilities have included all levels of
project involvement: problem identification, conceptual design, development and analysis of
alternatives, preparation of preliminary engineering reports, project design, preparation of
construction drawings and technical specifications, project management of project team
consisting of engineers/ technicians /drafters /consultants, construction contract administration,
client liaison, liaison with State and Federal agencies and expert witness testimony. Proficient in
computer modeling using computer programs HEC -1, HEC -2, HEC -5, HMR52, HECRAS, HMS,
TR -20, WSP2, DAMS2, THYSYS, DAMBRK, RESOP III, KYPIPE and others.
Drainage and erosion control experience includes municipal master drainage plans, storm water
pollution prevention plans (SWPPP) for public and private sectors, planning and design of
erosion control structures for the surface mining industry, planning and design of storm water
drainage facilities for public and private sectors, FEMA flood studies and FEMA LOMR and
CLOMR studies.
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers (Past President of
Northeast Texas Branch ASCE)
Texas Society of Professional Engineers (Past President of
East Texas Chapter TSPE)
National Society of Professional Engineers
American Water Works Association
American Water Resources Association