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HomeMy WebLinkAbout05/02/2023 - Agenda Packet - Zoning Board of Adjustments College Station, TX Meeting Agenda Zoning Board of Adjustment 1101 Texas Ave, College Station, TX 77840 Internet: https://us06web.zoom.us/u/kbEtbmWbnE Phone: 888.475.4499 and Webinar ID: 896 9193 1685 The City Council may or may not attend this meeting. May 2, 2023 6:00 PM Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1. Call meeting to order and consider absence requests. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes: Attachments: 1. April 4, 2023 2.2. Public Hearing, presentation, discussion, and possible action regarding a variance to the maximum gross floor area of structures within the WC Wellborn Commercial zoning district per the Unified Development Ordinance Section 6.4.S.6 'Sales and Service (Retail and Wholesale)' and Section 7.10.C.3.d.2 'Other Mass and Design Requirements' for the property located at Wellborn Settlement Phase Two, Block 2, Lot 72. The property is zoned WC Wellborn Commercial. Case # AWV2023-000007 Sponsors: Robin Macias Attachments: 1. Staff Report 2. Vicinty Map, Aerial, and Small Area Map 3. Applicant's Supporting Information 4. Site Plan 3. 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. 4. Adjourn. Adjournment into Executive Session may occur in order to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on April 27, 2023 at 5:00 p.m. City Secretary Page 1 of 16 Zoning Board of Adjustment Page 2 May 2, 2023 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 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 of 16 April 4, 2023 Zoning Board of Adjustments Minutes Page 1 of 4 Minutes Zoning Board of Adjustment Regular Meeting April 4, 2023 MEMBERS PRESENT: Chairperson Fred Dupriest, Board Members Rachel Smith, James Hutchins, Michael Martinez, and Kevin Bishop CITY STAFF PRESENT: Director of Planning and Development Services Michael Ostrowski, Assistant Director of Planning and Development Services Molly Hitchcock, City Attorney Adam Falco, Deputy City Attorney Leslie Tipton-Whitten, Assistant City Attorney Gavin Midgley, Senior Planner Matthew Ellis, Lead Technology Services Specialist Thomas Bauman, and Staff Assistant II Crystal Fails 1. Call meeting to order. Chairperson Dupriest called the meeting to order at 6:00 p.m. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes: Board Member Smith motioned to approve the corrected meeting minutes from February 7, 2023 and February 16, 2023, Board Member Martinez seconded the motion, the motion passed 5-0. 2.2. Public Hearing, presentation, discussion, and possible action regarding an Appeal to the Administrator’s Written Interpretation regarding a proposed use being classified as “Wholesales/Services” for a property zoned M-1 Light Industrial. Case #AWV2023-000005 Director Ostrowski presented the item stating that the applicant is appealing the written interpretation that classified Heritage Landscape Supply Group, Incorporated’s proposed use of the property as Commercial Garden/Greenhouse/Landscape Maintenance, which is not permitted within M-1 Light Manufacturing, the current zoning of the property. The products they are proposing to sell are specifically identified in the Unified Development Ordinance (UDO) definition of Commercial Garden. Chairperson Dupriest opened the public hearing. Chris Nichols, Lawyer, Wilson, Cribbs & Goren, addressed the Board regarding the retired M-1 Light Manufacturing zoning district and the uses allowed by Page 3 of 16 April 4, 2023 Zoning Board of Adjustments Minutes Page 2 of 4 right. Mr. Nichols stated that the City does not have a definition of Wholesale Services, just for one Wholesale. Richard Sullivan, Employee of the Heritage Landscape Supply Company and the Texas Pool Supply / Stone Center of Texas, shared the company’s background, as well as some of the items that they would be selling. Mr. Sullivan stated that the proposed uses include the selling of bulk supplies to landscape and pool companies and that both Texas Pool Supply and Stone Center of Texas will be operating out of one building. The hours of operation will be Monday through Friday from 8:00 a.m. to 5:00 p.m. and Saturday from 8:00 a.m. to noon, and they expect traffic to be light. Mr. Sullivan also stated that they received approval from the City regarding the pool company. Board Member Smith asked the applicant if he can give the Board three to five of their biggest companies that they will be selling to. Mr. Sullivan stated that he was unable to speak on this. Chairperson Dupriest closed the public hearing. Chairperson Dupriest asked staff what classifies a business as a Commercial Garden. Director Ostrowski stated that the classification is based off the items the business sells, as well as the proposed Site Plan. Chairperson Dupriest asked staff if all or some of the items were related to planting and harvesting. Director Ostrowski answered that it is a combination of factors such as the landscape maintenance items relating to the sprinkler installation, as well as the chemicals they will be selling. Chairperson Dupriest asked if staff considers that all the items being sold at the business as related to the landscape use. Director Ostrowski answered that when looked at holistically from a landscape perspective, yes, staff would consider them related to that use. Board Member Smith asked staff to clarify the statement made by Mr. Sullivan that they have the approval for the pool company. Director Ostrowski stated that the pool company’s permit has not been approved by the City as of today, as we are still waiting on the Site Plan. He also stated that the pool company can operate as wholesale, if it is done so independently. Page 4 of 16 April 4, 2023 Zoning Board of Adjustments Minutes Page 3 of 4 Board Member Smith asked if staff determined that the use was more for a commercial nursery than for pool wholesale. Director Ostrowski stated that they do not plan to have organic materials at this site, but it is more of a commercial landscape maintenance use and those uses are linked together within the City’s use table. The information they provided to staff would be considered landscape maintenance which is prohibited in this district. Board Member Martinez asked if the application was denied because of the materials and products that are going to be on that site. Director Ostrowski stated the products and materials that the business will be selling are related to commercial garden but also that the site layout and concept plan that was submitted was that of commercial garden type use. Board Member Smith asked if wholesale is permitted in either M-1 Light Industrial or M-2 Heavy Industrial zoning districts. Director Ostrowski stated that wholesale is permitted in these two zoning districts. Board Member Smith asked what businesses are currently operating in an M-1 Light Industrial zoning district. Director Ostrowski stated that the City has a limited amount of M-1 Light Industrial properties. These include Veteran’s Park, University Properties, Science Park, Lintec, Zodes, Neutech Incorporation and the Texas A&M Center for Advanced Development Manufacturing. Board Member Martinez asked staff if, based on the products, would staff consider the Unified Development Ordinance (UDO) commercial garden wholesale handling to also be considered wholesale sales. Director Ostrowski stated yes. Board Member Smith asked the applicant to provide the map that was provided to the City. Mr. Nichols spoke to the Board on the layout of the site, depicting where the supplies for each company would be located. Chairperson Dupriest asked the applicant if there was any additional information they would like to provide the Board. Mr. Nichols stated that he disagreed with the discussion primarily dealing with the wholesale use which is permitted by right. Page 5 of 16 April 4, 2023 Zoning Board of Adjustments Minutes Page 4 of 4 Chairperson Dupriest asked the applicant if there was misinformation given to the Board. Mr. Nichols replied no but wanted to reiterate that they will not be selling living things. Board Member Smith asked Mr. Sullivan why he thought the pool company was approved with limitations and the landscape company was not approved. Mr. Sullivan stated that while communicating with staff about the project, they received an email giving approval to move forward with their plan for the pool company but still needed to seek building permit approval. However, after further discussion about the second company and their items for sale, it was determined that a written interpretation was needed and everything was put on hold for both companies. They believe that they confused the City by what they were wanting to do with the two companies. Once it was explained, they were told that in order to move forward with just the pool company, they would need to write a letter to the City stating that the Texas Stone Center would not operate at that location and to remove them off of the plans. Board Member Smith asked if the same supplies will be sold at the landscape company and the pool company. Mr. Sullivan replied they will not be selling the same supplies. Chairperson Dupriest motioned to uphold the interpretation by the Administrator, Board Member Smith seconded the motion, the motion passed 5-0. 3. 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. 4. Adjourn. The meeting adjourned at 7:00 p.m. Approved: Attest: ______________________________ ________________________________ Fred Dupriest, Chairperson Crystal Fails, Board Secretary Page 6 of 16 Zoning Board of Adjustment Page 1 of 4 May 2, 2023 VARIANCE REQUEST FOR Wellborn Settlement Phase Two, Block 2, Lot 72 AWV2023-0000007 REQUEST:A 2,480 square foot increase to the maximum gross floor area allowed for a single structure within the WC Wellborn Commercial zoning district as set forth in the Unified Development Ordinance Section 6.4.S.6 ‘Sales and Service (Retail and Wholesale)’ and Section 7.10.C.3.d.2 ‘Other Mass and Design Requirements’ LOCATION:Wellborn Settlement Phase Two, Block 2, Lot 72 ZONING:WC Wellborn Commercial PROPERTY OWNER:TDG Management LP APPLICANT:Berry Engineers LLC PROJECT MANAGER:Robin Macias, Staff Planner rmacias@cstx.gov BACKGROUND: The applicant is seeking a variance to increase the maximum gross floor area allowed for a single structure within the WC Wellborn Commercial zoning district per the requirements of Section 6.4.S.6 ‘Sales and Service (Retail and Wholesale)’ and Section 7.10.C.3.d.2 ‘Other Mass and Design Requirements’, which states that the gross floor area of a single structure shall not exceed ten thousand (10,000) square feet within the WC Wellborn Commercial zoning district. The WC Wellborn Commercial zoning district is intended to: provide for low-density commercial uses that provide services to nearby neighborhoods. Such uses shall be limited in size and not accommodate for drive-thru services. Specific design elements should be incorporated into such developments to limit the visual impact on the community and enhance the defined character. This zoning district is only permitted in areas designated as Wellborn on the Comprehensive Plan Land Use & Character Map. Page 7 of 16 Zoning Board of Adjustment Page 2 of 4 May 2, 2023 The applicant is proposing to build a 12,480 square feet commercial building; therefore, requesting a variance of 2,480 square feet to allow for a maximum gross floor area of 12,480 in the WC Wellborn Commercial zoning district. APPLICABLE ORDINANCE SECTION: UDO Section 6.4.S.6 ‘Sales and Service (Retail and Wholesale)’ and UDO Section 7.10.C.3.d.2 ‘Other Mass and Design Requirements’ ORDINANCE INTENT: UDO Sections 6.4.S.6 ‘Sales and Service (Retail and Wholesale)’ and 7.10.C.3.d.2 ‘Other Mass and Design Requirements’ sets the maximum gross floor area for structures developed within the WC Wellborn Commercial zoning district. These standards are typically justified based on keeping the existing rural character of the area as set forth the in the Wellborn Community Plan. RECOMMENDATION:Staff recommends denial of the variance request. NOTIFICATIONS Advertised Board Hearing Date: May 2, 2023 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: Creek Meadows HOA Royder Ridge HOA Property owner notices mailed: 2 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 ADJACENT ZONING AND LAND USES Direction Zoning Land Use Subject Property WC Wellborn Commercial Undeveloped North WC Wellborn Commercial Platted commercial lot (Undeveloped) South WRS Wellborn Restricted Suburban Platted single family lot (Undeveloped) East WRS Wellborn Restricted Suburban Platted single family lot (Undeveloped) West Wellborn Road (major arterial)Wellborn Road (major arterial) Page 8 of 16 Zoning Board of Adjustment Page 3 of 4 May 2, 2023 PHYSICAL CHARACTERISTICS 1.Frontage: The subject property has approximately 189 feet of frontage on Wellborn Road. 2.Access: The subject property takes access from Wellborn Road. 3.Topography and vegetation: The subject property is relatively flat with little vegetation. 4.Floodplain: The subject property is not located within FEMA regulated floodplain. 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. Staff has found no extraordinary or special condition exists that would deprive the applicant a reasonable use of the land. While this lot is one of the larger commercial lots located within this subdivision, the size of the lot does not limit the applicant’s ability to develop 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 applicant is still able to build a commercial retail building. 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 the UDO. When developed, the site will have to come into compliance with all other requirements set forth in the 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 surrounding properties are platted lots. 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. Page 9 of 16 Zoning Board of Adjustment Page 4 of 4 May 2, 2023 There are no extraordinary conditions on this property to compare to other properties, and the maximum gross floor area standards for properties zoned WC Wellborn Commercial apply to all property within the WC Wellborn Commercial zoning district. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The hardship has occurred based upon the applicant’s own actions and does not occur due to an extraordinary condition of the land. The applicant is seeking to develop a commercial retail space that does not meet the maximum gross floor area requirements as set forth in the UDO. 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 substantially conflict with the Comprehensive Plan and with the purposes of the UDO. The Wellborn Community Plan envisions the future of Wellborn to maintain its rural character with open space. The character of the area is defined by the land use designations and zonings which are unique to the Wellborn Community and contributes to the preservation of its character. Per the Wellborn Community Plan, commercial activity should not be more intense than what can be found in the community today and should limit the use of large structures. Commercial businesses should be appropriate in scale and character to the Wellborn Community and should represent the rural nature of the area using open space and design. Granting the variance would not be keeping with the intent of the Wellborn Community Plan as it would allow for a larger structure which does not keep the rural character of the area. 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 restrict the applicant in the utilization of their property. The applicant is still able to utilize the property to develop a commercial retail space. ALTERNATIVES As an alternative, the applicant could reduce the size of the proposed building to 10,000 sq.ft. to fit within the ordinance requirements. STAFF RECOMMENDATION The applicant is seeking a variance of 2,480 square feet to the maximum gross floor area allowed for a single structure within the WC Wellborn Commercial zoning district per the requirements of Section 6.4.S.6 ‘Sales and Service (Retail and Wholesale)’ and Section 7.10.C.3.d.2 ‘Other Mass and Design Requirements’, which states that the gross floor area of a single structure shall not exceed ten thousand (10,000) square feet within the WC Wellborn Commercial zoning district. Due to the lack of meeting all the required criteria, staff recommends denial of the variance request. ATTACHMENTS 1. Vicinity Map, Aerial, and Small Area Map 2. Applicant’s Supporting Information 3. Site Plan Page 10 of 16 Page 11 of 16 Page 12 of 16 Page 13 of 16 Page 1 of 2 APPEAL/WAIVER APPLICATION SUPPORTING INFORMATION Name of Project: BUILDING SIZE VARIANCE FOR A DOLLAR GENERAL Address: Legal Description: A001301, SAMUEL DAVIDSON (ICL), TRACT 24 Applicant: BERRY ENGINEERS LLC Property Owner: TDG MANAGEMENT LP Applicable ordinance section being appealed/seeking waiver from: 7.10.C.3.d.2 The following specific variation to the ordinance is requested: This ordinance states that the max. building size is 10,000sf and we are asking for a variance to construct a building with a size of 12,480 sf. A variance of 2,480 sf. The following special condition exists: N/A The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: N/A The following alternatives to the requested variance are possible: N/A Page 14 of 16 Page 2 of 2 The variance will not be contrary to public interest due to: This variance will not be contrary to the public interest, as this business is to serve the immediate surrounding community. With this variance, Dollar General would be able to provide its new prototypical building which provides more grocery items than the older, smaller stores. This building size and design has been laid out in the most efficient manner to serve the community with goods/groceries without having to drive farther into town to purchase these items. There is ample green space left on site to provide landscaping between the parking lot and the road frontage, as well as, plenty of green space throughout the site and behind the building, which allows for this site to maintain the appearance desired for this zone. Page 15 of 16 Page 16 of 16