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HomeMy WebLinkAbout09/03/2013 - Regular Agenda Packet - Zoning Board of Adjustments Zoning Board of Adjustment September 3, 2013 6:00 PM City Hall Council Chambers 1101 Texas Avenue, College Station, Texas AGENDA ZONING BOARD OF ADJUSTMENT Regular Meeting Tuesday, September 3, 2013 at 6:00 PM City Hall Council Chambers 1101 Texas Avenue College Station, Texas 77840 1. Call to order – Explanation of functions of the Board. 2. Consideration, discussion and possible action to approve meeting minutes.  March, 5, 2013 meeting minutes. 3. Public hearing, presentation, discussion, and possible action to consider a variance to Chapter 12, “Unified Development Ordinance”, Section 7.3.I, “Number of Off-street Parking Spaces Required” for the property located at 1814 Sara Drive which is zoned R-4 Multi-Family. (MR) Case # 9000166 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 Regular Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, September 3, 2013 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__________, 2013 at______p.m. CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ Kathy Merrill, Interim City Manager I, the undersigned, do hereby certify that the above Notice of Regular 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.gov. 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 proceeding 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____________, 2013. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the _____ day of_______________, 2013. ______________________________ 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.gov. Zoning Board of Adjustment Page 1 of 6 September 3, 2013 VARIANCE REQUEST FOR 1814 SARA DRIVE REQUEST: A variance to reduce the number of required off-street parking spaces. LOCATION: 1814 Sara Drive APPLICANT: John Rhodes, RAI Designs PROPERTY OWNER: Hyder Syed PROJECT MANAGER: Matt Robinson, AICP, Senior Planner mrobinson@cstx.gov RECOMMENDATION: Staff recommends denial. BACKGROUND: The subject property is currently zoned for multi-family uses and is developed as a commercial daycare. Daycares are permitted in R-4 Multi-Family zoning district with a Conditional Use Permit, which this property was granted in 1983. The daycare currently has eight parking spaces, as required at the time of construction. The current UDO parking requirement for the subject property is one space per 250 square feet of building space, or 15 spaces. The property owner is currently planning an expansion of the daycare, which would increase the parking requirements of the site to 17 spaces. When expanding an existing use, the parking requirements of the UDO are required to be complied with. Therefore, the applicant is requesting a variance of five parking spaces to the required 17 parking spaces for the owner’s future development plans for the property located at 1814 Sara Drive. APPLICABLE ORDINANCE SECTION: UDO Section 7.3.I “Number of Off-Street Parking Spaces Required: ORDINANCE INTENT: The purpose of UDO Section 7.3.I, “Number of Off-Street Parking Spaces Required”, is to eliminate the occurrence of non-resident on street-parking in adjoining neighborhoods; avoid the traffic congestion and public safety hazards caused by a failure to provide such parking; and expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost to both the property owner and the City. Zoning Board of Adjustment Page 2 of 6 September 3, 2013 Zoning Board of Adjustment Page 3 of 6 September 3, 2013 Zoning Board of Adjustment Page 4 of 6 September 3, 2013 NOTIFICATIONS Advertised Board Hearing Date: September 3, 2013 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: N/A Property owner notices mailed: 10 Contacts in support: None at the time of this report. Contacts in opposition: None at the time of this report. Inquiry contacts: None at the time of this report. ZONING AND LAND USES Direction Zoning Land Use Subject Property R-4 Multi-Family Commercial Daycare North (across Sara Drive) R-4 Multi-Family Duplexes South GC General Commercial Offices East State Highway 6 Frontage Rd N/A West R-2 Duplex Duplexes PHYSICAL CHARACTERISTICS 1. Frontage: The subject property is located at 1814 Sara Drive and has approximately 157 linear feet of frontage along Sara Drive and approximately 120 feet along the State Highway 6 Frontage Road. 2. Access: The property takes access from Sara Drive. 3. Topography and vegetation: The site is relatively flat, with some large mature trees located in and around the playground area. 4. Floodplain: The subject property is not located within FEMA regulated flood plain. REVIEW CRITERIA 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. The applicant stated that the current site layout does not provide adequate traffic flow conditions for parents and neighbors and that the safety of children needs to be improved during peak “drop off” and “pick up” hours. While the parking configuration is permitted to be altered, the proposed building addition is driving the need for more parking spaces. Therefore, staff does not believe that a lack of “adequate traffic flow” constitutes an extraordinary condition in this case. Zoning Board of Adjustment Page 5 of 6 September 3, 2013 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. This variance is not necessary for the preservation and enjoyment of the property as the subject property is already developed and used as a commercial daycare. 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 this variance would not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDO. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements. The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements because no portion of this property is located within the floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. Other property in the area is zoned and developed for multi-family/duplex uses and are meeting the required parking. Additionally, the property to the south is zoned and developed for General Commercial and is meeting the minimum parking requirements for the development. 7. Hardships: That the hardship is not the result of the applicant’s own action. The applicant states that the established facility when it was permitted and built in the 1980’s, is now considered to be “under parked” based on current code requirements and that the preservation of old growth trees limits site development. However, the use of the property is allowed to continue as is and the reconfiguration of the parking lot is permitted (with a revised Conditional Use Permit). As stated earlier, it is the proposed building expansion that requires the site to come into compliance with the parking space requirement. 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 the purposes of the UDO. Zoning Board of Adjustment Page 6 of 6 September 3, 2013 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 parking standards to this particular piece of property does not prohibit or unreasonably restrict the applicant in the utilization of the property. As previously stated, the property currently is utilized as a commercial daycare and is allowed to make changes to the parking configuration. However, any expansion of the building requires that the site come into compliance with the minimum required parking spaces. ALTERNATIVES The applicant has provided the following three alternatives: 1) not complete the minor addition to the building; 2) attempt shared access and parking agreement with the neighbors to the south (this effort failed); or, 3) remove established canopy trees from playground for parking. STAFF RECOMMENDATION Staff recommends denial of the variance request. In Staff’s opinion, the applicant has failed to demonstrate that a special condition or hardship exists with the land that necessitates the parking variance. SUPPORTING MATERIALS 1. Application