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Home My WebLink About01/05/2016 - Regular Agenda Packet - Zoning Board of Adjustments ZONING BOARD OF AJUSTMENT January 5, 2016 6:00 P.M. Regular Meeting City Hall Council Chambers 1101 Texas Avenue, College Station, Texas AGENDA ZONING BOARD OF ADJUSTMENT Regular Meeting Tuesday, January 5, 2016 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. Discussion of approved Administrative Adjustments.  AWV2015-000005 2521 Kimbolton Dr; Rear Setback Administrative Adjustment  AWV2015-000006 4002 Wild Creek Ct; Rear Setback Administrative Adjustment  AWV2015-000007 105 Holik St ; Side Setback Administrative Adjustment  AWV2015-000008 800 William D Fitch Pkwy; Taco Casa Signage Administrative Adjustment  AWV2015-000014 404 Jane St; Mad Taco Parking Reduction Administrative Adjustment  AWV2015-000017 1610 Lemon Tree; Front Setback Administrative Adjustment  AWV2015-000020 400 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000021 406 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000023 410 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000024 414 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000025 418 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000026 422 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000027 426 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000028 430 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000029 434 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000030 438 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000031 440 Momma Bear Dr; Driveway Administrative Adjustment  AWV2015-000032 901 William D Fitch Pkwy; Bahama Bucks Parking Reduction Administrative Adjustment  AWV2015-000034 4005 Wild Creek; Driveway Administrative Adjustment 3. Consideration, possible action and discussion to approve meeting minutes.  May 27, 2015 4. Public hearing, presentation, possible action, and discussion to consider a variance to Unified Development Ordinance Section 12-6.4.H.4 Specific Use Standards for Golf Course or Driving Range being the required setback for structures or activity related to the use for the property located within the 23.112 acre tract and Lot 3, Block One of the Horse Haven Estates Subdivision, Phase 3, generally located at 2741 Horseback Court which is zoned GS- General Suburban and R-Rural. (M. Bombek) 5. 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. 6. 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, January 5, 2016 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__________, 2015 at______p.m. CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ Kelly Templin, 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____________, 2015. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the _____ day of_______________, 2015. ______________________________ 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 January 5, 2016 VARIANCE REQUEST FOR 2741 Horseback Court AWV2015-000022 REQUEST: A variance to Unified Development Ordinance Section 12-6.4.H ‘Specific Use Standards Golf Course or Driving Range’, to allow for a 36.5-foot variance to the required 100-foot minimum distance between any residential property and driving range or golf course activity or structure . LOCATION: 2741 Horseback Court Horse Haven Estates, Block 1, Lot 1, and 23.112-acre tract of the Morgan Rector League, A-46 APPLICANT: Rabon Metcalf, RME Consulting Engineers PROJECT MANAGER: Mark Bombek, Staff Planner mbombek@cstx.gov BACKGROUND: The subject property is located in the Horse Haven Estates Subdivision and is zoned GS General Suburban and R Rural, which allows for single- family residential uses and Agricultural uses within the Rural zoning district. A portion of the property was platted in 2007 and replatted again in 2009. This area designated Restricted Suburban, Natural Areas- Reserved and Natural Areas Protected on the Comprehensive Plan Future Land Use and Character Map. The proposed use for the property as a driving range is permitted under the R Rural zoning designation with specific use standards. As part of those specific use standards any driving range or golf course structure or activity is required to be a minimum of 100 feet from any residentially designated property. The applicant is intending to utilize some of the existing structures on the property that are encroaching into this setback which has led to the applicant seeking this variance request. Therefore, the applicant is requesting a 36.5-foot variance to the required 100-foot minimum distance between any residential property and driving range or golf course activity or structure. APPLICABLE ORDINANCE SECTION: UDO Section 12-6.4.H ‘Specific Use Standards Golf Course or Driving Range’ ORDINANCE INTENT: UDO Section 12-6.4.H ‘Specific Use Standards Golf Course or Driving Range’, 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 January 5, 2016 Zoning Board of Adjustment Page 3 of 6 January 5, 2016 Zoning Board of Adjustment Page 4 of 6 January 5, 2016 NOTIFICATIONS Advertised Board Hearing Date: January 5, 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: 31 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 GS General Suburban & R Rural Barn North R Rural Vacant South R Rural Vacant East R Rural Vacant West GS General Suburban Single- Family residential PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 50 feet of frontage on Horseback Drive. 2. Access: The subject property is currently taking access from Horseback Drive. 3. Topography and vegetation: The subject property is relatively flat, however the general slope is to the south toward Wolf Pen Creek. The property is also free of any mature vegetation. 4. Floodplain: Portions of the subject property is 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 structure in question is existing and the setback distance has already been established. Staff believes that the structure in question could be removed and placed in a location that meets the required setback. Therefore, a strict application of the UDO would not deprive the applicant of the reasonable use of the property. Zoning Board of Adjustment Page 5 of 6 January 5, 2016 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 large-lot residential and agricultural uses would still be permitted. If the proposed variance request is not granted, the applicant will still be allowed to use the property for any uses allowed by the current zoning district. 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 subject and surrounding properties cannot be further subdivided unless they comply with the subdivision regulations. 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. The same requirements would apply to any rural designated property that would permit the use of a driving range or golf course. 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 utilize the existing building encroaching into the 100 foot minimum buffer does not constitute a substantial hardship on the property as the applicant has the ability to relocate the building to accommodate the minimum 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 does not conflict with the provisions of this UDO. 9. Utilization: That because of these conditions, the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. Zoning Board of Adjustment Page 6 of 6 January 5, 2016 The application of the UDO standards to this particular property does not prohibit the applicant in the utilization of their property. The setback does not restrict the applicant from utilizing a large portion of the property. New structures can be built provided they comply with the setback requirement. ALTERNATIVES The applicant offered complete demolition of the structure in question as an alternative to the variance. 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. Boundary Survey 1&2