HomeMy WebLinkAbout03/05/2019 - Agenda Packet - Zoning Board of AdjustmentsZoning Board of Adjustment
College Station, TX
Meeting Agenda - Final
City Hall
1101 Texas Ave
College Station, TX 77840
Council Chambers6:00 PMTuesday, March 5, 2019
1. Call meeting to order.
Presentation, discussion and possible action regarding meeting
minutes.
* November 06, 2018
19-00252.
November 06, 2018Attachments:
Discussion of approved Administrative Adjustments.
*AWV2018-000031 TAD’s Louisiana Cooking; 1161 William D Fitch
Pkwy; Administrative Adjustment - Number of Off-Street Parking
Spaces
*AWV2018-000032 Cooper's BBQ; 3055 Earl Rudder Fwy S;
Administrative Adjustment - Number of Off-Street Parking Spaces
*AWV2018-000040 315 Highlands St; Administrative Adjustment - Lot
Depth Requirement
19-00263.
Public Hearing, presentation, discussion, and possible action
regarding a variance to landscaping and streetscaping requirements
as set forth in the Unified Development Ordinance Section 7.6
'Landscaping and Tree Protection' for the Cooner Addition Block 1,
Lots 6, 7, and 8 and the Burkhalter Addition Lots 4 and 5, generally
located at 111, 113, and 201 Cooner Street, which is zoned GC
General Commercial and R-4 Multi-Family. Case #AWV2018-000038
19-00434.
Sponsors:Helton
Staff Report
Aerial & Small Area Map
Application
Variance Narrative
Variance Exhibit
Attachments:
5.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.
6. Adjourn.
Page 1 College Station, TX Printed on 2/26/2019
March 5, 2019Zoning Board of Adjustment Meeting Agenda - Final
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.
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101
Texas Avenue, College Station, Texas, on February 26, 2019 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)
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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 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 2 College Station, TX Printed on 2/26/2019
MINUTES
ZONING BOARD OF ADJUSTMENT
Regular Meeting
November 06, 2018
Council Chambers
College Station City Hall
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Chairman Keith Roberts, Sherri Echols, Jim Sharp, Howard
Mayne, and Jeff Mazzolini
MEMBERS ABSENT: None
STAFF PRESENT: Molly Hitchcock, Leslie Tipton-Whitten, Laura Gray, Rachel
Lazo, Alyssa Halle-Schramm and Crystal Derkowski
AGENDA ITEM NO. 1: Call to Order.
Chairman Roberts called the meeting to order at 6:01 p.m.
AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding meeting
minutes from September 04, 2018.
Board Member Echols motioned to approve the September 04, 2018 meeting minutes. Board
Member Mazzolini seconded the motion which passed (5-0).
AGENDA ITEM NO. 3: Discussion of Approved Administrative Adjustments.
* AWV2018-000012 2611 Belliser Ct; Administrative Adjustment - Side Setback
* AWV2018-000030 TM5 Properties Office Building; 1580 Copperfield Pkwy; Administrative
Adjustment – Amount of Required Masonry
There was no discussion.
AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion to
consider a 10-foot reduction (40%) to the minimum 25-foot
front yard setback as required by Unified Development
Ordinance Section 5.4 ‘Non-Residential Dimensional
Standards’ for Lot 1, Block 1 of Plantation Oaks Addition,
generally located at the northwest corner of the intersection of
University Oaks Boulevard and the frontage road of Earl
Rudder Freeway South. The subject property is zoned O-
Office. Case #AWV2018-000035 (L.Gray)
Laura Gray, Senior Planner, presented the staff report and stated that the applicant is
requesting a variance of a 10-foot reduction to the minimum 25-foot front-yard setback.
Chairman Roberts opened the public hearing.
Bo Miles, applicant, 2917 Camille Drive, spoke in favor of the variance.
Mike Kriger, 1403 Tara Court; spoke in opposition of the variance.
Paulette Martinez, 1405 Tara Court; spoke in opposition of the variance.
Ruth Vanoye-Trevino, 1001 Dominik Drive; spoke in opposition of the variance.
Glenn Jones, 307 South Main Street Suite 206 Bryan, spoke in favor of the variance.
Chairman Roberts closed the public hearing.
There was general discussion amongst the Board.
Chairman Roberts motioned to approve the variance as there is an extraordinary or special
condition affecting the land. Board Member Echols seconded the motion, which passed (5-0).
AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion to
consider a variance of 30 to 185 feet to the Unified
Development Ordinance Section 6.5.C requirement of a 300-
foot setback for commercial amusement outdoor activities for
the Crawford Burnett (ICL), Tract 135, generally located east
of General Parkway and west of Old Wellborn Road, which is
zoned GC General Commercial. Case #AWV2018-000034
(R.Lazo)
Rachel Lazo, Staff Planner, presented the staff report and stated that the applicant is requesting
a variance of 30 to 185 feet to the requirement of a 300-foot setback for commercial
amusement outdoor activities.
Chairman Roberts opened the public hearing.
Joe Schultz, applicant, 911 Southwest Parkway East, spoke in favor of the variance.
Chairman Roberts closed the public hearing.
There was general discussion amongst the Board.
Board Member Mayne motioned to approve the variance as it is necessary for enjoyment of a
substantial property right. Board Member Mazzolini seconded the motion, which passed (5-0).
AGENDA ITEM NO. 6: 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.
There was no discussion on future agenda items.
AGENDA ITEM NO. 7: Adjourn
The meeting was adjourned at 6:35 p.m.
ATTEST: APPROVED:
_________________________________ _______________________________
Crystal Derkowski, Board Secretary Keith Roberts, Chairman
Zoning Board of Adjustment Page 1 of 5
March 5, 2019
VARIANCE REQUEST
FOR
111, 113 & 201 Cooner Street
AWV2018-000038
REQUEST: A variance to the landscaping and streetscaping requirements as set forth in
Section 7.6 Landscaping and Tree Protection.
LOCATION: 111, 113 & 201 Cooner Street
Cooner Addition Block 1, Lots 6A, and 8 and the Burkhalter Addition Lots 4 and 5
ZONING: GC General Commercial and R-4 Multi-Family
PROPERTY OWNER: City of Bryan – BTU
APPLICANT: Burns & McDonnell Engineering
PROJECT MANAGER: Alaina Chafin, AICP, Senior Planner
ahelton@cstx.gov
BACKGROUND: The BTU substation located along Cooner Street has been in operation for more
than 30 years and is currently being planned for expansion. The existing
substation is situated on 0.43 acres, and the expansion properties are 0.30 acres
located adjacent to Cooner Street. The applicant has identified the need for a
variance to landscaping and streetscaping requirements to safely accommodate
equipment and prevent potential hazards that can result from landscaping being
located in close proximity to the substation and associated equipment.
APPLICABLE
ORDINANCE SECTION: UDO Section 7.6 ‘Landscaping and Tree Protection’.
ORDINANCE INTENT: UDO Section 7.6 ‘Landscaping and Tree Protection’, regulates the manner in
which land in the City is developed, to minimize adverse effects on surrounding
property owners or the general public, and ensure that high quality development
is maintained throughout the community.
RECOMMENDATION: Staff recommends approval of the variance.
Zoning Board of Adjustment Page 2 of 5
March 5, 2019
NOTIFICATIONS
Advertised Board Hearing Date: March 5, 2019
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: 17
Contacts in support: One.
Contacts in opposition: None at the time of this report.
Inquiry contacts: One.
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GC General Commercial & R-4 Multi-
Family
Undeveloped & Utilities/Communications
(BTU Substation)
North (City of
Bryan)
R-NC (City of Bryan) Residential –
Neighborhood Conservation District Single Family Home
South GC General Commercial & O Office
Commercial Retail &
Utilities/Communications (Wireless
Telecommunications Tower)
East R-4 Multi-Family Multi-Family
West GC General Commercial Commercial Retail (Hotel)
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has approximately 198 feet of frontage on Cooner Street.
2. Access: The subject property is currently taking access from Cooner Street.
3. Topography and vegetation: The subject property is relatively flat with no vegetation on the
property.
4. Floodplain: The subject property is not located within FEMA regulated floodplain.
Zoning Board of Adjustment Page 3 of 5
March 5, 2019
REVIEW CRITERIA
According to Unified Development Ordinance Section 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.
A special condition exists that deprives the applicant a reasonable use of the land. The project
location is determined by the existing substation. The adjacent parcels, where the expansion is
proposed, are pre-existing and constrained due to existing development on all sides. Additionally,
electrical substations must follow special safety regulations that other properties would not
otherwise be subject to. A strict application of the UDO would 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 necessary for the preservation and enjoyment of the substantial property right of the
applicant. The size of the parcels available for the expansion, lack of space to expand outside of
those parcels and the existing development limits the space available for the substation expansion.
Therefore, the addition of landscaping will limit the feasibility of the expansion for this substation
given the technical spacing requirements of this type of equipment. The parcels being used for the
proposed expansion are pre-existing and there is no additional space available. As previously
noted, the existing substation and two vacant parcels are surrounded by development on three
sides and Cooner Street on the fourth side.
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. This project will expand the
service capabilities and reliability of the overall system in the area; and while the project is an
expansion of the existing substation, the overall use will not be changing. Frequency of access will
not increase, nor will the traffic associated with the substation.
Understanding that the intent of the landscaping requirements includes mitigating the visual impact
of the development, BTU proposes the use of a decorative concrete panel fence around the existing
portion of the substation, as well as the expansion, with a composite board (wood finish) fence
provided along Cooner Street. The decorative fence would aid in mitigating the visual impact of the
expansion, while providing additional screening and buffering along the portions of the property
currently used by the substation and surrounded by chain link fence. Landscaping and
streetscaping too close to an electrical utility can present a public safety hazard. The attached plans
show the fence location, the proposed expansion, and a sample of the decorative concrete panel
and composite board fence being proposed. While the fencing shown may not be the exact fence
installed, it will be similar in scale and type.
Zoning Board of Adjustment Page 4 of 5
March 5, 2019
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.
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 floodplain.
6. Other property: That these conditions do not generally apply to other property in the vicinity.
The size of the parcels available for the expansion, lack of space to expand outside of those
parcels, and the existing development are unique conditions specific to this property that limit the
space available for the substation expansion.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
A hardship occurs because of an extraordinary condition of the land existing on the subject
property. As previously stated, the BTU substation has been in operation for more than 30 years at
this location. The size of the parcels available for the expansion, lack of space to expand outside of
those parcels and the existing development limits the space available for the substation expansion.
Thus, the addition of landscaping will limit the feasibility of the expansion for this substation. This
has created a hardship to the developability of the lot, which is beyond the applicant’s control.
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 with
the purposes 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.
The application of the UDO standards to this particular property does prohibit the applicant in the
utilization of their property. Due to internal layout and spacing requirements for substation
equipment and the limited space provided by the adjacent parcels being used for the proposed
expansion, the variance is necessary for the expansion of the substation.
ALTERNATIVES
There are no alternatives to expand the substation facility. Due to internal layout and spacing
requirements for substation equipment and the limited space provided by the adjacent parcels being
used for the proposed expansion, the variance is necessary for the expansion of the substation.
STAFF RECOMMENDATION
Staff recommends approval of the variance request.
ATTACHMENTS
1. Aerial & Small Area Map
Zoning Board of Adjustment Page 5 of 5
March 5, 2019
2. Application
3. Variance Narrative
4. Variance Exhibit
7201 Glen Forest Drive \ Suite 100 \ Richmond, VA 23226
O 804‐200‐6300 \ F 804‐200‐6303 \ burnsmcd.com
Bryan Texas Utilities Shady Lane Substation Expansion
City of College Station Variance Request
Statement of Justification
On behalf of Bryan Texas Utilities (BTU), Burns & McDonnell hereby requests a variance to Sections
5.4, 7.6 and 9.3 of the Unified Development Ordinance (UDO), to allow the expansion of the existing Shady
Lane using a decorative fence in lieu of landscaping. Sections 7.6 and 9.3 of the UDO require landscaping
for a new project and only permit modification to the requirements by the Administrator of up to 50% of
the required points (as designated by the UDO). Section 5.4 of the UDO outlines the Non-Residential
Dimensional Standards, which requires a 25-foot front setback for properties zoned General Commercial,
GC. Section 5.6 of the UDO outlines the Retired Residential Zoning Districts Dimensional Standards,
which requires a 25-foot front setback for properties zoned R-4.
This variance is necessary for the project, because landscaping adjacent to a substation and associated
equipment presents a hazard for the system. While the project is an expansion of the existing substation,
the overall use will not be changing. Frequency of access will not increase, nor will the traffic associated
with the substation. Additionally, due to internal layout and spacing requirements for substation equipment
and the limited space provided by the adjacent parcels being used for the proposed expansion, a variance is
requested for an encroachment of no more than five (5) feet for substation equipment into the required front
setback.
A. Specific Variation Requested
The BTU Shady Lane substation has been in operation for more than 30 years at this location. The
substation property is a 0.22-acre parcel identified as Property ID 20671, and the expansion properties are
0.30 acres (combined) and located at 111 and 113 Cooner Street (Property IDs 24311 and 95969,
respectively). The properties are zoned GC and R-4. The expansion is proposed on the two parcels adjacent
to the existing substation due to the proximity of the existing infrastructure. With the use of the adjacent
vacant parcels, there is a space constraint that adds to the necessity of landscaping and setback variances.
The five-foot encroachment is needed to accommodate the feeder bays of the substation. Feeders are the
connections between the substation and the public. They are responsible for the distribution of power in
and out of the substation. This project will expand the service capabilities and reliability of the overall
system in the area.
B. Special Conditions
As previously mentioned, the project location is determined by the existing substation. The adjacent
parcels, where the expansion is proposed, are pre-existing and constrained due to existing development on
all sides. On the northern edge of the property are existing single-family residential uses. The property to
the east is a multi-family structure, while the property west of the existing substation is a hotel. Cooner
Street borders the property along the southern edge and will continue to serve as the main access point.
2
C. Unnecessary Hardship
The size of the parcels available for the expansion, lack of space to expand outside of those parcels
and the existing development limits the space available for the substation expansion. Thus, the 25-foot
setback and addition of a landscaping buffer will limit the feasibility of the expansion for this substation.
The parcels being used for the proposed expansion are pre-existing and there is no additional space
available. As previously noted, the existing substation and two vacant parcels are surrounded by
development on three sides and Cooner Street on the fourth side.
D. Proposed Alternatives
Understanding that the intent of the landscaping requirements is to mitigate the visual impact of the
utility use, BTU proposes the use of a decorative concrete panel fence around the existing portion of the
substation, as well as the expansion. The area where the substation is currently located is deemed to be a
“redevelopment” area designated by the Comprehensive Plan. The decorative fence would aid in mitigating
the visual impact of the expansion, while providing additional screening and buffering along the portions
of the property currently used by the substation and surrounded by chain link fence.
Additionally, the encroachment into the front setback along Cooner Street is necessary due to the required
configuration of the equipment needed for the substation expansion.
The attached plans show the fence location, the proposed expansion, and a sample of the decorative
concrete panel fence being proposed, as well as the area of encroachment along Cooner Street. While the
fencing shown may not be the exact fence installed, it will be similar in scale and type.
E. Public Interest
Use of the decorative fence in lieu of landscaping will allow the project to proceed, thereby enhancing
the reliability and security of the existing utility system. The use of the decorative fencing will enhance the
existing visual along not only Cooner Street, but around the whole facility, minimizing the view of the
substation and its equipment from the street and surrounding properties. The encroachment of the feeder
bays into the front setback will have minimal impact on the surrounding properties.
PRELIMINARY - NOTFOR CONSTRUCTIONDRAWINGAPPR.BYDATE DESCRIPTIONLEVELDRAFTER:DATE:SCALE:PROJECT DESIGNED FOR:PROJECT:TITLE:ISSUED/REVISED FOR:SUBSTATION NUMBERREV.SEAL:PROJECT NO.:92795MED11/05/181"=20'SHADY LANESITE PLANLAYOUT11(ENGINEERING LICENSE #F-845)1700 WEST LOOP SOUTH. SUITE 1500HOUSTON, TEXAS 77027PHONE: (713) 622-0227FAX: (713) 622-0224PROP. PANEL WALLEXIST. CHAIN LINK FENCEEXIST. BARBED WIRE FENCEEXIST. OVERHEAD ELECTRICEXIST. EDGE OF CURB/PAVEMENTEXIST. UTILITY LINECITY OF COLLEGE STATIONAPPROVAL BLOCKSITE ADDRESS:111, 113 COONER STREETCITY OF COLLEGE STATION,. TX 77840LEGAL DESCRIPTION:COONER, BLOCK 1, LOT 6A (W HLF OF), (E HLF OF)APPLICANT:BURNS & McDONNELLANGELINE CROWDER7201 GLEN FOREST DRIVESUITE100RICHMOND, VA 23226PHONE: 804-200-6317FAX: 804-200-6303OWNER/DEVELOPER:CITY OF BRYAN - BTU d/b/a BRYAN TEXAS UTILITIESMIKE McMILLIANPO BOX 1000BRYAN, TX 77805-1000PHONE: 979-821-5904ENGINEERBURNS & McDONNELL ENGINEERING, INC.ENGINEERING LICENSE #F-845MARK ALBA1700 WEST LOOP SOUTHSUITE100HOUSTON, TX 77027PHONE: 713-622-0227FAX: 713-622-0224SITE STATISTICSSITE AREA: 0.79 ACRESPROPOSED CONTROL BUILDING: 640 SQ.FT.SEWER: N/AWATER: N/AWATERSHED: BURTON CREEKLANDSCAPING CALCULATIONSREQUIRED POINTS: 1041ADDITIONAL BUFFER POINTS: 196TOTAL REQUIRED POINTS: 1237SEE VARIANCE APPLICATION FOR USE OFWALL IN LIEU OF PLANT MATERIALS - PROJ#AWV2018-00003830' SWING GATE ANDENTRANCE TO BE MODIFIEDPROPOSED
20' FRONT YARD20' REARYARD7.5' SIDE YARDPASSPORT MAJESTIC COMMERCIAL GATEOPENING PER PLAN ** ELEVATIONS ARE FOR REFERENCE ONLY. ACTUALDETAILS SHALL BE PROVIDED WITH THE FINAL PLAN.*EX. CONTROL BUILDINGTO BE REMOVEDPROP. CONTROLBUILDINGCOMPOSITE BOARD FENCE (TYP) CONCRETE PANEL WALL (TYP)EX. ASPHALT ANDCURBING TOBE REMOVEDSITE20' SLIDE GATEAND ENTRANCETO BE MODIFIEDEX. SWING GATETO BE REPLACED WITH16' SLIDE GATEEXISTING25' FRONT YARD11.11'10.50'23.21PROPOSED 10' PUBLICUTIL. EASEMENT (TYP)EXISTING P.U.E.TO BE VACATEDEX. VAVLES12" C-9006" C-900NOT TO SCALENOT TO SCALENOT TO SCALEBARBED WIREBARBED WIRE8'0"TYPICAL 8 FT. COMPOSITE BOARD FENCE ELEVATION *COMPOSITE BOARDWOOD FINISHFOUNDATIONDEPTHSVARIESPROP. COMPOSITE BOARD FENCEEND PANEL WALL AND BEGINCOMPOSITE BOARD FENCEEND PANEL WALL AND BEGINCOMPOSITE BOARD FENCECOMPOSITE BOARD FENCE (TYP)