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Home My WebLink About05/03/2016 - 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. City Hall Council Chambers6:00 PMTuesday, May 3, 2016 1. Call meeting to order. Presensation, possible action and discussion of an absence request for Ceci Matthews on May 3, 2016. 16-02612. Absence Request CeCi Matthews May 3.pdfAttachments: Presentation, possible action and discussion regarding the minutes from January 5, 2016. 16-02603. January 5, 2016 Meeting Minutes.pdfAttachments: Discussion of approved Administrative Adjustments. * AWV2016-000002 2615 Warkworth; Side Setback * AWV2016-000006 1406 Torey Pines Ct; Rear Setback * AWV2016-000007 1014 Fairview; Rear Setback * AWV2016-000008 1016 Fairview; Rear Setback 16-02704. Public hearing, presentation, possible action, and discussion to consider a variance to Unified Development Ordinance Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’ being the requirements for drive-in/thru uses in Northgate Zoning Districts, for the property located at 801 University Drive, being approximately 1 acre within A005001, JE SCOTT (ICL), Tract 600.1, generally located near the northwest intersection of University Drive and College Avenue which is zoned NG-2 Transitional Northgate. 16-02445. Sponsors:Bullock Staff Report Application Proposed Site Plan Attachments: Public hearing, presentation, possible action, and discussion to consider a sign variance for 301 University Drive, generally located at the Northeast corner of University Drive and Boyett Street, which is zoned NG-1 Core Northgate. Case AWV2016-000005 16-02576. Sponsors:Thomas Page 1 College Station, TX Printed on 4/27/2016 May 3, 2016Zoning Board of Adjustment Meeting Agenda - Final Staff Report Application Proposed Sign Proposed Sign Location View 1 Proposed Sign Location View 2 Attachments: 7.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. 8. Adjourn. The Board or Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on April 27, 2016 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Page 2 College Station, TX Printed on 4/27/2016 May 3, 2016Zoning Board of Adjustment Meeting Agenda - Final 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 3 College Station, TX Printed on 4/27/2016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0261 Name: Status:Type:Absence Request Agenda Ready File created:In control:4/26/2016 Zoning Board of Adjustment On agenda:Final action:5/3/2016 Title:Presensation, possible action and discussion of an absence request for Ceci Matthews on May 3, 2016. Sponsors: Indexes: Code sections: Attachments:Absence Request CeCi Matthews May 3.pdf Action ByDate Action ResultVer. Presensation, possible action and discussion of an absence request for Ceci Matthews on May 3, 2016. Relationship to Strategic Goals: (Select all that apply) ·Good Governance Recommendation(s): To approve College Station, TX Printed on 4/27/2016Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:316-0260 Name: Status:Type:Minutes Agenda Ready File created:In control:4/26/2016 Zoning Board of Adjustment On agenda:Final action:5/3/2016 Title:Presentation, possible action and discussion regarding the minutes from January 5, 2016. Sponsors: Indexes: Code sections: Attachments:January 5, 2016 Meeting Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion regarding the minutes from January 5, 2016. Relationship to Strategic Goals: (Select all that apply) ·Good Governance Recommendation(s): To Approve College Station, TX Printed on 4/27/2016Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0270 Name:Administrative Adjustment Status:Type:Administrative Adjustment Agenda Ready File created:In control:4/27/2016 Zoning Board of Adjustment On agenda:Final action:5/3/2016 Title:Discussion of approved Administrative Adjustments. * AWV2016-000002 2615 Warkworth; Side Setback * AWV2016-000006 1406 Torey Pines Ct; Rear Setback * AWV2016-000007 1014 Fairview; Rear Setback * AWV2016-000008 1016 Fairview; Rear Setback Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Discussion of approved Administrative Adjustments. * AWV2016-000002 2615 Warkworth; Side Setback * AWV2016-000006 1406 Torey Pines Ct; Rear Setback * AWV2016-000007 1014 Fairview; Rear Setback * AWV2016-000008 1016 Fairview; Rear Setback College Station, TX Printed on 4/27/2016Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:216-0244 Name:801 University Drive Use Variance Status:Type:Variance Agenda Ready File created:In control:4/22/2016 Zoning Board of Adjustment On agenda:Final action:5/3/2016 Title:Public hearing, presentation, possible action, and discussion to consider a variance to Unified Development Ordinance Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’ being the requirements for drive-in/thru uses in Northgate Zoning Districts, for the property located at 801 University Drive, being approximately 1 acre within A005001, JE SCOTT (ICL), Tract 600.1, generally located near the northwest intersection of University Drive and College Avenue which is zoned NG-2 Transitional Northgate. Sponsors:Jessica Bullock Indexes: Code sections: Attachments:Staff Report Application Proposed Site Plan Action ByDate Action ResultVer. Public hearing, presentation, possible action, and discussion to consider a variance to Unified Development Ordinance Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’ being the requirements for drive-in/thru uses in Northgate Zoning Districts, for the property located at 801 University Drive, being approximately 1 acre within A005001, JE SCOTT (ICL), Tract 600.1, generally located near the northwest intersection of University Drive and College Avenue which is zoned NG-2 Transitional Northgate. College Station, TX Printed on 4/27/2016Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 6 May 3, 2016 VARIANCE REQUEST FOR 801 University AWV2016-000009 REQUEST: A variance to Unified Development Ordinance Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’, to allow for a drive thru expansion in NG-2 Transitional Northgate. LOCATION: 801 University A005001, JE SCOTT (ICL), Tract 600.1, being .8857 acres APPLICANT: Nathan Billiot, P.E, Pape-Dawson Engineers PROJECT MANAGER: Jessica Bullock, Senior Planner jbullock@cstx.gov BACKGROUND: The subject property is zoned NG-2 Transitional Northgate and requires all outside activities and appurtenances related to drive- in/thru service to be located wholly underneath a habitable structure, screened from view from the University Drive right-of- way, and designed to be sensitive to the pedestrian environment. The subject property is currently developed as McDonalds with a single-lane drive-thru that is exposed and not wholly underneath a habitable structure. While the order box is located behind the building and not visible from the right-of-way, the remaining drive- thru area and pick-up window is not. The applicant is looking to add a side-by-side drive-thru facility at the rear of the building that will continue to be exposed. APPLICABLE ORDINANCE SECTION: UDO Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’ ORDINANCE INTENT: UDO Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’, sets supplemental standards that allow uses in specific zoning districts but enforce additional restrictions to mitigate their impact on surrounding zoning districts. RECOMMENDATION: Staff recommends denial of the variance request. Zoning Board of Adjustment Page 2 of 6 May 3, 2016 Zoning Board of Adjustment Page 3 of 6 May 3, 2016 Zoning Board of Adjustment Page 4 of 6 May 3, 2016 NOTIFICATIONS Advertised Board Hearing Date: May 3, 2016 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 4 Contacts in support: None at the time of this report. Contacts in opposition: None at the time of this report. Inquiry contacts: 1 ZONING AND LAND USES Direction Zoning Land Use Subject Property NG-2 Transitional Northgate McDonalds North NG-2 Transitional Northgate Parking (Former Albertsons grocery site) South Across University Dr. College and University Texas A&M University East NG-2 Transitional Northgate Chiptole, IHOP, Schlotzky’s West NG-2 Transitional Northgate Taco Bell PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 139 feet of frontage on University Drive. 2. Access: The subject property is currently taking access from University Drive. 3. Topography and vegetation: The subject property is relatively flat, and located within the Wolf Pen Creek drainage basin. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA According to Unified Development Ordinance Section 12-3.19.E ‘Criteria for Approval of Variance’, no variance shall be granted unless the Board makes affirmative findings in regard to all nine of the following criteria: 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. This property is currently constructed as a McDonalds site which currently operates with a single-lane drive-thru. While the lane width near the order box is larger, the remaining queuing area, on the left side of the building, operates with a 10-foot drive-thru lane and an Zoning Board of Adjustment Page 5 of 6 May 3, 2016 approximate eight foot by-pass lane. The applicant proposes changes to the drive-thru area behind the building, to allow an addition order lane. Due to the location of the work, there are no extraordinary or special conditions of the land that will deprive the applicant of reasonable use of the land if UDO Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’ is applied. 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. If the proposed variance is not granted, the current use of the property as a restaurant with an exposed single-lane drive-thru, would still be permitted as a grandfathered use. The variance to not have a drive-thru wholly underneath a habitable structure is not necessary for the preservation and enjoyment of the substantial property right of the applicant. 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 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. 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. The adjacent tracts are unplatted and should be able to meet the Subdivision Regulations when platting if the variance to UDO Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’ is granted. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements. The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements due to no portion of this property being located within floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. All property in the Northgate area will be required to meet UDO Section 12-6.4.E ‘Specific Use Standards Drive-in/Thru Window’ upon development or redevelopment of a restaurant with a drive-thru. There are two adjacent restaurant uses with exposed drive-thru area. There are no special conditions with the subject property that would apply to others in the area. 7. Hardships: That the hardship is not the result of the applicant’s own actions. Staff does not believe a hardship exists on the subject property. The applicant’s desire to add an additional drive-thru lane does not constitute a substantial hardship on the property as the applicant currently has the ability to operate a restaurant with a drive-thru. Zoning Board of Adjustment Page 6 of 6 May 3, 2016 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 or purposes of the 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. Staff does not believe there are special conditions on the property. Therefore, the application of the UDO standards to this particular property does not prohibit the applicant in the utilization of their property. ALTERNATIVES The applicant proposes the location of the additional drive-thru at the rear of the building and states that this provides an alternative screening method. STAFF RECOMMENDATION Staff recommends denial of the variance request as a hardship or extraordinary condition does not appear to exist in this case. SUPPORTING MATERIAL 1. Application 2. Proposed Site Plan OFFICEADDRESS3707 FM 1960 WEST, SUITE 300, HOUSTON, TEXAS 77068HOUSTON REGIONOWNERCONTRACTORCO-SIGN SIGNATURESPLAN APPROVALSSIGNATURE (2 REQUIRED)STATUS DATE BY PRELIMINARY PLAN DRAWN PLAN CHECKED JOB NO. DRAWING TITLE REGIONAL DRAWING NO. COUNTY CITY STATE STREET ADDRESS PLAN SCALE: 5+6' THIS DOCUMENT IS RELEASED FOR INTERIM REVIEW UNDER THE AUTHORIZATION OF ROBERT M. PREISS, P.E. (#92978) AND IS NOT TO BE USED FOR CONSTRUCTION. 1" = 20' City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:316-0257 Name:301 University - Sign Variance Status:Type:Variance Agenda Ready File created:In control:4/26/2016 Zoning Board of Adjustment On agenda:Final action:5/3/2016 Title:Public hearing, presentation, possible action, and discussion to consider a sign variance for 301 University Drive, generally located at the Northeast corner of University Drive and Boyett Street, which is zoned NG-1 Core Northgate. Case AWV2016-000005 Sponsors:Madison Thomas Indexes: Code sections: Attachments:Staff Report Application Proposed Sign Proposed Sign Location View 1 Proposed Sign Location View 2 Action ByDate Action ResultVer. Public hearing, presentation, possible action, and discussion to consider a sign variance for 301 University Drive, generally located at the Northeast corner of University Drive and Boyett Street, which is zoned NG-1 Core Northgate. Case AWV2016-000005 College Station, TX Printed on 4/27/2016Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 6 May 3, 2016 VARIANCE REQUEST FOR 301 University Drive AWV2016-000005 REQUEST: A variance to Unified Development Ordinance (UDO) Section 12-5.8.12. ‘Sign Standards’, to allow a freestanding sign the NG-1 Zoning District. LOCATION: 301 University Drive Boyett Subdivision, Block 1, Lot 13B and 13C APPLICANT: James Boedeker, H&M Wholesale PROJECT MANAGER: Madison Thomas, Staff Planner mthomas@cstx.gov BACKGROUND: The subject property is located in the NG-1 Core Northgate zoning district and is believed to have been constructed in the late 1980’s. This property was zoned to NG-1 Core Northgate in 1996. In 2003, the fuels sales use was changed to not permitted, but this business was allowed to remain as a nonconforming use. The NG-1 zoning district allows for Attached Signs, Window Sign, Hanging Signs, and Projection Signs. Due to the high-density, urban characteristics of the Northgate area, signage is designed to the pedestrian scale. The applicant is requesting a variance to the prohibition of freestanding signs in the Northgate NG-1 Zoning District. APPLICABLE ORDINANCE SECTION: UDO Section 12-5.8.12. ‘Sign Standards’ ORDINANCE INTENT: UDO Section 12-5.8.12. ‘Sign Standards’, sets supplemental standards that allows specific types of signs in the Northgate Zoning Districts. Freestanding signage is not included in this section and is therefore prohibited. Similar signage, low profile signs, are permitted only in NG-2 Transitional Northgate zoning for building plots over 150 feet along South College Station Avenue. RECOMMENDATION: Staff recommends denial of the variance request. Zoning Board of Adjustment Page 2 of 6 May 3, 2016 Zoning Board of Adjustment Page 3 of 6 May 3, 2016 Zoning Board of Adjustment Page 4 of 6 May 3, 2016 NOTIFICATIONS Advertised Board Hearing Date: May 3, 2016 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 21 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 NG-1 Core Northgate Fuel Station North NG-1 Core Northgate Parking lot South (across University Dr.) Texas A&M University Texas A&M University East NG-1 Core Northgate Commercial Business West (across Boyett Street) NG-1 Core Northgate Commercial Business PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 140 feet of frontage on University Drive and approximately 170 feet on Boyett Street. 2. Access: The subject property is currently taking access from Boyett Street. 3. Topography and vegetation: The subject property is relatively flat. The property has a few mature crepe myrtles and some unpaved area towards the rear of the property. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA According to Unified Development Ordinance Section 12-3.19.E ‘Criteria for Approval of Variance’, no variance shall be granted unless the Board makes affirmative findings in regard to all nine of the following criteria: 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. The applicant states that the property is unique in that it has open space for a freestanding sign. The applicant also states that the allowable sign placement does not fall within oil Zoning Board of Adjustment Page 5 of 6 May 3, 2016 company specifications for a price sign. Staff has determined that the site has additional open space because it is currently nonconforming and does not meet NG-1 Site Design Standards. Core Northgate has a minimum floor to area ration of 1:1, and this site design would not currently be allowed to be developed today and would not be allowed to have that much open space. Staff believes that the fuel price signage could be attached to the building or the existing fuel canopy as it has been done in the past at this location. Therefore, a strict application of the UDO would not 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 not necessary for the preservation and enjoyment of the substantial property right of the applicant. If the proposed variance is not granted, the current use of the property as a fuel sales use would still be permitted as a nonconforming use and be permitted to use any of the permitted NG-1 signage options. 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 variance is for a sign. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements. The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements due to no portion of this property is located within the floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. The same requirements would apply to any property designated as a Northgate Zoning District. Freestanding signs are not allowed in any Northgate Zoning District. 7. Hardships: That the hardship is not the result of the applicant’s own actions. Staff does not believe a hardship exists on the subject property. The applicant’s desire to add a freestanding sign on the property does not constitute a substantial hardship. The property has existing signage approximately 67 square feet in area. Given the building frontage of approximately 55 feet, they can have up to 137 square feet of attached signage. This can be located on the building or on the existing fuel canopy. Zoning Board of Adjustment Page 6 of 6 May 3, 2016 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 would not substantially conflict with the Comprehensive Plan. The Unified Development Ordinance speaks to the Northgate area as a unique district with increased density, pedestrian-friendly environment with high quality building design and specialized signage. 9. Utilization: That because of these conditions, the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The application of the UDO standards to this particular property does not prohibit or unreasonably restrict the applicant in the utilization of their property. ALTERNATIVES The applicant offered has offered no alternatives. However, as mentioned earlier, the applicant has the option of installing a price sign on the building or existing canopy. STAFF RECOMMENDATION Staff recommends denial of the variance request as a hardship or extraordinary condition does not appear to exist in this case. SUPPORTING MATERIAL 1. Application 2. Proposed Sign 3. Proposed Sign Location View 1 4. Proposed Sign Location View 2 View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4411577&GUID=A9FE1795-C3D5-4488-856E-725D349CE458[4/27/2016 4:00:00 PM] View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4411577&GUID=A9FE1795-C3D5-4488-856E-725D349CE458[4/27/2016 4:00:00 PM] View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4411576&GUID=40CFD4CA-A067-4425-80D4-42E717DC1FF9[4/27/2016 4:00:02 PM] View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4411576&GUID=40CFD4CA-A067-4425-80D4-42E717DC1FF9[4/27/2016 4:00:02 PM]