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HomeMy WebLinkAbout08/01/2006 - Regular Agenda Packet - Zoning Board of AdjustmentsAgenda Workshop Meeting Zoning Board of Adjustment Administrative Conference Room 1101 Texas Avenue Tuesday, August 01, 2006 5:30 PM 1. Call to order 2. Discussion of Regular Agenda items. 3. Presentation, possible action, and discussion of an amendment to the Zoning Board of Adjustment's Rules and Procedures regarding the timing of notification. 4. 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. 5. 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. Notice is hereby given that a Workshop Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, August 01, 2006 at 5:30 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the day of , 2006 at p.m. CITY OF COLLEGE STATION, TEXAS By Connie Hooks, City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Zoning Board of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.gpv The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by Dated this day of , 2006. CITY OF COLLEGE STATION, TEXAS By Subscribed and sworn to before me on this the day of , 2006. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx. Agenda Regular Meeting Zoning Board of Adjustment City Council Chambers 1101 Texas Avenue Tuesday, August 01, 2006 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. 0 June 6, 2006 - Regular Meeting June 6, 2006 - Workshop Meeting 4. Public hearing, presentation, possible action, and discussion on a variance to sign height and colors for the property located at 901 University Drive East. 5. Public hearing, presentation, possible action, and discussion on a variance to parking setback for the property located at 2305 Texas Avenue South. 6. 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. 7. 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. Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, August 01, 2006 at 6:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the day of , 2006 at p.m. CITY OF COLLEGE STATION, TEXAS By Connie Hooks, City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Zoning Board of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.�ov The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by Dated this day of , 2006. CITY OF COLLEGE STATION, TEXAS By Subscribed and sworn to before me on this the day of , 2006. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx. ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions, appeals of Zoning Official's decisions, Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests, and PITY ordinance special exceptions. The ZBA is a fact - finding body, and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. APPLICATION ❖ Any variance request, special exception, appeal of a decision of the Zoning Official or floodplain ordinance variance request shall be preceded by the applicant submitting to the Zoning Official a completed: 1). Application 2). Request Form ❖ Applications and request forms are available from the Planning Division Office. ❖ The Zoning Official shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. ❖ The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form. ❖ Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Zoning Official shall inform the applicant of any extra materials required. ❖ An applicant shall submit a non - refundable fee of $150.00, payable to the City of College Station, to defray notification costs. The $150.00 will be taken when the completed application and request form are submitted. I. APPEAL OF ZONING OFFICIAL DECISION ❖ Appeals of Zoning Official decisions shall be filed within thirty (30) days of the decision. ❖ The ZBA shall hear the appeal within sixty (60) days after the application and request forms are received by the Zoning Official. ❖ The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, or decision, of the Zoning Official by a concurring vote of at least four (4) of the five (5) members. ❖ The completed application and request form must be received by the the Planning Office by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline /Meeting Date Information schedule. ❖ When the application and request form are received the item will be placed on the next available ZBA Meeting agenda. All required notices will be published. ❖ The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. II. NOTICE ❖ The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than 15 days 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 15 days 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 tax roles 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. III. 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 IV. 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. V. 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. VI. 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. VII. 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. ❖ 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 an established deadline to be scheduled for a future meeting. VIII. 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 Division Office. MINUTES Zoning Board of Adjustment June 6, 2006 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Josh Benn, Donald Braune & Alternate Denise Whisenant. MEMBERS ABSENT: Graham Sheffy, & Alternates Derek Dictson & Charles Taylor. STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Crissy Hard & Lindsay Boyer, Staff Assistant Mandi Alford, Planning Administrator Molly Hitchcock, Assistant City Attorney Angela Deluca. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:00. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. No requests were received AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting minutes. March 7, 2006 Workshop and Regular Meeting Minutes April 4, 2006 Workshop and Regular Meeting Minutes Mr. Braune made the motion to approve the March 7, 2006 minutes. Mr. Richards seconded the motion, which passed unopposed (5 -0). Ms. Whisenant made the motion to approve the April 4, 2006 minutes. Mr. Benn seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 4: Public hearing, presentation, possible action and discussion on a variance to the Unified Development Ordinance, Section 5.2, Residential Dimensional Standards, for 2438 Newark Circle. (06 -108) Staff Planner Crissy Hard presented the staff report and stated that the builder is requesting a 3.85 -foot side setback variance to legitimize a building setback error made during construction. The applicant offered no special condition or hardship. Mr. Benn stated that he needed to recuse himself from voting due to having business relations with the applicant. Chairman Goss opened the public hearing. Todd Carnes, 230 Southwest Parkway, College Station, Texas, stepped before the Board and was sworn in by Chairman Goss. Mr. Carnes spoke in favor of the request. With no one else stepped forward, Chairman Goss closed the public hearing. Donald Braune made the motion not to authorize 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 the ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion, which passed (4 -0). Mr. Berm recused from voting. AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 7.2, Number of Off Street Parking Spaces required, for 2700 Texas Avenue South, College Station Shopping Center. (06 -86) Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting a variance to reduce the number of required parking spaces for the College Station Shopping Center by 8% or 37 spaces. Chairman Goss opened the public hearing. David Cottrell, 7505 High Meadow, Houston, Texas, stepped before the Board and was sworn in by Chairman Goss. Mr. Cottrell spoke in favor of the request. With no one else stepping forward Chairman Goss closed the public hearing. Mr. Richards made the motion to authorize a variance to the parking requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the initial property survey given to the owner was incorrect and construction began before error was known; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: will not provide a reasonable usage of the property; and such that the spirit of this Ordinance shall be observed and substantial justice done. Ms. Whisenant seconded the motion, which passed (4 -1). Mr. Berm voting against granting the variance. AGENDA ITEM NO. 5 Adjourn. The meeting was adjourned. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant WORKSHOP MINUTES Zoning Board of Adjustment June 6, 2006 CITY OF COLLEGE STATION, TEXAS 5:30 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Josh Benn, Donald Braune & Alternate Denise Whisenant. MEMBERS ABSENT: Graham Sheffy, & Alternates Derek Dictson & Charles Taylor. STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Crissy Hard & Lindsay Boyer, Planning Administrator Molly Hitchcock, Staff Assistant Mandi Alford, Assistant City Attorney Angela Deluca. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goss called the meeting to order at 5:34. AGENDA ITEM NO. 2: Discussion of Administrative Adjustments given by the Administrator. 2007 Old May Court 2008 Texas Avenue South Ms. Boyer discussed briefly the adjustments given. AGENDA ITEM NO. 3: Discussion of regular agenda items. Staff Planners Hard and Boyer gave brief discussions of the variances. AGENDA ITEM NO. 3 : 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. AGENDA ITEM NO.6: Adjourn. The meeting was adjourned. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant STAFF REPORT Project Manager: Lindsay Boyer, Staff Planner Report Date: July 19, 2006 Email: Iboyer(a)cstx.gov Meeting Date: August 1, 2006 Project Number: 06- 00500122 APPLICANT: Tara Norsworthy REQUEST: Sign Variance LOCATION: 901 University Drive East PURPOSE: To increase allowable sign height from 22 feet to 35 feet, and increase number of allowable colors on a sign GENERAL INFORMATION Status of Applicant: Sign Contractor for the owner Property Owner: Rosco Chimney Hill, Inc. — Brandon Wolsic Applicable Ordinance Section: Section 7.4.M as it relates to sign height, and Section 5.8 as it relates to sign height and color. PHYSICAL CHARACTERISTICS Zoning and Land Use • Subject Property: C -1, General Commercial and OV, Corridor Overlay, developed as the Best Western hotel. • North: R -4, Multi - Family, developed as apartments (access from Spring Loop). • West: C -1, General Commercial and OV, Corridor Overlay, developed as office buildings. • East: C -1, General Commercial and OV, Corridor Overlay, developed as a restaurant (Buffalo Wild Wings). • South: Across University Drive, C -1 General Commercial and OV, Corridor Overlay, currently under development as the University Town Center retail center. Frontage: The subject property has approximately 210 feet of frontage on University Drive Access: The property is accessed by two entrances on University Drive at the east and west end of the property. Topography & Vegetation: The property is currently developed as the Best Western, and has little vegetation. The property slopes significantly away from University Drive in the first 50 feet of the property line, and remains relatively flat in the middle of the property and slopes down again in the northwest corner of the property as it nears the floodplain. Flood Plain: A portion of the property lies in area designated as Floodplains and Streams on the City's Comprehensive Plan. The area is noted as Zone A on FIRM Maps which indicate that no base flood elevation has been determined (Map Panel 48041 C0142 C) VARIANCE INFORMATION Background: The subject property applied for a sign permit on March 31, 2006 to replace an existing freestanding sign that would be located 36 feet from the curb, 35 feet in height, with an area of 71.25 square feet, and 4 colors - grey, yellow, red, and blue. The application was denied based on the provisions of the Unified Development Ordinance as it relates to sign height and color. These provisions require that a freestanding sign be no taller than half the distance from the curb. In this instance, the distance was provided as 38 feet from the curb and would allow a 18 foot sign. Sign height is based on the height measured from the curb, so that in the event a sign is located below or above the road, the sign height may be compensated. In this instance, the sign is located approximately 4 feet below the right of way and would an overall sign height of 22 feet. The Unified Development Ordinance also provides that signs in an overlay district may be no taller than the building at any time, and limited to 3 colors on a sign, excluding white and black, and 2 fonts. The applicant has met the requirements regarding sign fonts, but show 4 colors on the sign. Therefore, the applicant is requesting a variance of 13 feet to the sign height and a variance allowing 4 colors to a sign in the Overlay. ANALYSIS Special Conditions: Applicant has indicated that the owner is trying to comply with new franchise signs. This sign will be smaller than the existing sign however, it will not meet the height requirements due to the setback change with the widening of University Drive Hardships: Applicant has indicated that the hardship is that the existing sign was permitted prior to the expansion for University Drive and therefore does not comply with current ordinance after that expansion. Alternatives: None identified. Recommendation: Staff recommends denial of this request. The ordinance takes into account topographical changes in the land that affects sign height, further the University widening project has affected all of the properties along this corridor, and neighboring properties have been able to accommodate signs that meet this ordinance. Additionally, the current sign height and location is grandfathered as it exists today, and the company has the option to replace the face without having to meet current height and setback requirements. Finally, other franchised businesses in this overlay district have been able to meet the requirements regarding limitations to sign color without a variance. SPECIAL INFORMATION Ordinance Intent: 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 (Section 7.4) To enhance the image of gateways and key entry points, major corridors, and other areas of concern, as determined by City Council, by maintaining a sense of openness and continuity (Section 5.8). Similar Requests: No similar requests have been made to these requirements since the adoption of the Unified Development Ordinance in 2003. Number of Property Owners Notified: 13 Responses Received: None as of the date of the staff report. ATTACHMENTS 1. Small Area Map 2. Application 3. Sign Permit Application ' 4C3 40 " {'hft[ ICY - QZ ; ate Ll Of J jU cc l I I I r II > � _ . 1 { r J � . wrr _ x, IN -r. __ t '" 5'Py El ... ..... .... Li F ��•... not x}: :e! ' a� " =.'�'�;:� ti�M1 r"K'.. �� .. te r +' • '_� M . Y; "„ #'. n'y,.� '�� '�. �i,"'� �� ~ �" - � r 'fi :.�' -�}~ -~ �' -.�„ Y -w _ - _ - �' - I I I � �I -' { I�I�I fit: - 'r, {-- - _. .. _,— ..... =. .r - . �A''' • ' - - '6 i.r_ F - i :'try i�, ._ x:'. ?: '}_ rl: R_f.y;. .:.'1 Sre {"e.k '.,�". # � • .._ ._.. _. .._._. _.. .. .. :� , .'��- _.'ir• av_ k r� e' '� }r :'a.fJi # �i��V' rr r.:•.4'F �'' 'F: + .L �� �' .. t t �S � � 1 • ' + l� _.L�._ S. f.• k }.J4 n + �. . { "�'�{ - - I•�. "„ #'. n'y,.� ::: -•,' '3. "..�� =ti�. 'ho,t'� :t :.Jr'r.v,.- "'.-.._�r�c•``�i:'_r .��: .- t � I I ty I . �' - I I I � �I -' { I�I�I fit: - 'r, {-- - _. .. _,— ..... =. .r - .:.' .. t t �S � � 1 • ' + l� _.L�._ S. f.• k }.J4 n + �. . { "�'�{ ;0 PoA 3- % - - � 7 PRESENT USE OF PROPERTY - REESTANDING SIGNS: A"rrACHSD SIGNS: fJTtT F iafsr#j rsfff-ol D •DE OF THE BUILDING:. 0 SIGNS sa e0closed bY Me minimum imaginaty miangfe of vertkal and ho6zontal I#= 3= WE IT, I 11 I L I Jr - t - l"J A YES or NO [tf"FeCrroO j c IC nr-ry "nn7 'T7 47Y LENGTH OF FRONTAGE: . . . . . . . . . . A"rrACHSD SIGNS: fJTtT F iafsr#j rsfff-ol D •DE OF THE BUILDING:. 0 SIGNS sa e0closed bY Me minimum imaginaty miangfe of vertkal and ho6zontal I#= 3= WE IT, I 11 I L I Jr - t - l"J A YES or NO [tf"FeCrroO j c IC nr-ry "nn7 'T7 47Y MULMEEMS T- T' 1586 H ghmeadows Way [ Item: BW Address: Best Western Inn at Chimney Hill (College Station, TX) Cedar 211, TX 75104 Tel (97 ) 972-293-7446 App - C E C in W I CL R6 � 61 fualite@dualite.co roved: Scale: 3/4" = 1' Date: 6121105 ketch: STATION2.Al P Leg tice: This design is exclusive property of Du, i to Sales & Service, Inc. • 1 Dualite Lane - Williamsburg, OH 45176. Copyright 2005 Dualite Sales & Service, Inc. All Rights Rese eproduction of this proprietary work withoulthe permission of Dualite Sales & Service, Inc. will subject the user to liability under the copyright statutes of the United States. STAFF REPORT Project Manager: Lindsay Boyer, Staff Planner Email: l b oye r(cD cstx. g ov Project Number: 06- 00500150 APPLICANT: Mike McClure REQUEST: Parking Setback variance LOCATION: 2305 Texas Avenue South Report Date: July 12, 2006 Meeting Date: August 1, 2006 PURPOSE: To reduce the parking setback from 10 feet to 6 feet along Texas Avenue. GENERAL INFORMATION Status of Applicant: Engineer for the owner Property Owner: First National Bank of Bryan Applicable Ordinance Section: Article 7, Section 7.9.1-1, Parking Lots PHYSICAL CHARACTERISTICS Zoning and Land Use • Subject Property: C -1, General Commercial, currently developed as a pawn shop. • North: Across Manuel Drive, C -1, General Commercial, developed as an equipment rental facility. • West: Across Texas Avenue, C -1, General Commercial, developed as a retail center. • East: C -1, General Commercial, vacant. • South: C -1, General Commercial, developed as a retail center (Copy Corner). Frontage: The property has approximately 130 feet of frontage on Texas Avenue and 325 feet on Manuel Drive Access: The property takes access from an existing drive on Manuel Drive. Topography & Vegetation: The property is relatively flat, with little vegetation. The western portion of the tract is currently developed as a pawn shop and has landscaping. The east side of the property has been undeveloped and has little vegetation. Flood Plain: None VARIANCE INFORMATION Background: The subject property is currently in the planning stages of redeveloping. Currently, the site is utilized as a pawn shop. The property was recently purchased by First National Bank of Bryan for a branch location, and the first phase of the project is under site plan review by Planning and Development Services at this time. The first phase of construction will include a temporary facility in the rear of the property and additional parking spaces along Manuel Drive. A second phase of construction will take place at a later time and will include the demolition of the existing pawn shop and the redevelopment of the city for a permanent bank facility. The applicant is requesting a variance of 4 feet to the required parking setback along Texas Avenue to accommodate parking for the redevelopment of this site as a banking facility. ANALYSIS Special Conditions: Applicant has indicated that the building cannot be located further back on the site without negatively impacting the queuing for the bank facility. The subject property also shares an access easement with Copy Corner, and a variance would allow the parking located adjacent to the easement to be lined up. Hardships: Applicant has stated that by requiring the 10 foot setback, Fire would have difficulty in navigating the easement between Copy Corner and First National Bank. Additionally, removing square footage of the building would reduce it to below a feasible level, or a reduction in motor vehicle stacking. Alternatives: None were identified. Recommendation: Staff recommends denial of this request. Understanding that redevelopment is difficult, the applicant's proposed site plan shows excess parking and queuing spaces that are over and above ordinance requirements. Additionally, Fire can serve the property from Manuel Drive as well as the Copy Corner site. It is Staff's belief that the hardship is self- imposed, and an alternative could be to maintain the access in its current alignment and remove the parking along Texas Avenue without negative impact on other required provisions of the Unified Development Ordinance. SPECIAL INFORMATION Ordinance Intent: The intent of the setback requirements provided in the Non - Residential Architectural Standards were to create a larger buffer between parking lots and the right of way for both the visual impact on the motorist and pedestrian, as well as create more space for pedestrians on sidewalks along the right of way. This ordinance only affects parking that is located in front of a building, and can be avoided if all parking is located along the sides and rear of the building. Similar Requests: There has been one request for a variance to parking setback since the Non - Residential Architectural Standards were amended in 2004, at 2300 University Drive East where a portion of the property was located in the floodplain. The variance, however, was for a reduction from the 20 feet required by the Overlay Zone to 10 feet required by the Non - Residential Architectural Standards. Number of Property Owners Notified: 7 Responses Received: None as of the date of the staff report. ATTACHMENTS 1. Small Area Map 2. Application 3. Site Plan (provided in packet) `I w Lb cn im Oz A ' V % c 4F f � � 5 ` s ZO CD en 4 �1 y f {. } . N ; �] :C JR • 1 . � ` i4 -tMM WE ONLY - b Y .fl • _ .. tmff - irdbm iof any mks icr n ■ I qtr's i .ir_ ■�, °L xp„ ,. L` .i ;l t.i i 0 v i: j : , iF ' _ - -k - f i ; ' ; x « J x : . R" I I • 4' � AM ip r�� v rt'• LA RIO* 1 1 �T7.. '.'[ F. c 7 W1 �T. 7 M �A ---f - M- no ffAwMMwwL :ate pmeugpl bm**%) no gym' - ftm wo �MMM 'SCE , REST ftlmft Po . WOMM IM d0o IMMM k1w VrAmPacm 9M 1 woodawt pvwpnvMM&Y ' .it N oaRmomydbo to M4&Wftft 016 WL IAN MAW aM&WO M.wuw AWWMM IV 00. NOW OWN Ott owwo 41 W MKOW cw vmv MMUM. lain an 10 W% Whom lopma MINES 1ANK Opp Whop M Y lbo"Mal �a w Wo whump *51 MA be Man tF A P401 MMMA'whwo vf to RAMOMR Thooft