HomeMy WebLinkAbout12/03/2013 - Regular Agenda Packet - Zoning Board of Adjustments
Zoning Board of Adjustment
December 3, 2013
Regular Meeting 6:00 PM
AGENDA
ZONING BOARD OF ADJUSTMENT
Regular Meeting
Tuesday, December 3, 2013 at 6:00 PM
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas 77840
Call to order – Explanation of functions of the Board.
1. Consideration, possible action and discussion and possible action to approve meeting
minutes.
September 3, 2013 meeting minutes.
3. Public hearing, presentation, possible action, and discussion to consider a variance to allow
an additional freestanding sign for the property located at 2704 Texas Avenue South, located
at the intersection of Harvey Mitchell Parkway South and Texas Avenue South.
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, December 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 _____________________________
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____________, 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.
M I N U T E S
ZONING BOARD OF ADJUSTMENT
Regular Meeting
September 3, 2013
City Hall ~ Council Chambers
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Chairman Hunter Goodwin, Jim Davis, Marsha Sanford, Dick Dabney,
Alternate Scott Simpson
MEMBERS ABSENT: Josh Benn
STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Senior Planner Matt Robinson,
Assistant Director Lance Simms, Senior Assistant City Attorney John
Haislet, Action Center Representative Timothy Green, and April Howard
AGENDA ITEM NO. 1:
Call to order – Explanation of functions of the Board.
Chairman Goodwin called the meeting to order at 6:10 p.m.
AGENDA ITEM NO. 2:
Consideration, discussion and possible action to approve meeting
minutes.
• March 5, 2013 meeting minutes
Board Member Dabney motioned to approve the March 5, 2013 meeting minutes. Board
Member Sanford seconded the motion, which passed (5-0).
AGENDA ITEM NO. 3:
Senior Planner Robinson presented the staff report and stated that the applicant is requesting a variance
to the number of required off-street parking spaces. He concluded his report by saying staff was
recommending denial.
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 1814 Sara Drive which is zoned R-
4 Multi-Family. Case # 90013-166.
There was general discussion amongst the Board.
Chairman Goodwin opened the public hearing.
Stepping forward to speak in favor of the variance:
John Rhodes, the applicant, was sworn in by Chairman Goodwin.
There was general discussion amongst the Board.
Chairman Goodwin closed the public hearing.
Board Member Simpson motioned to deny the variance. Board Member Dabney seconded the
motion.
The Board continued general discussions.
Chairman Goodwin called for the vote. Motion to deny passed (3-2).
AGENDA ITEM NO. 4:
There was no item submitted.
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.
AGENDA ITEM NO. 5:
The meeting was adjourned at 7:50 p.m.
Adjourn.
ATTEST: APPROVED:
_________________________________ _________________________________
Deborah Grace-Rosier, Staff Assistant Hunter Goodwin, Chairman
Zoning Board of Adjustment Page 1 of 6
December 3, 2013
VARIANCE REQUEST
FOR
2704 Texas Avenue South
REQUEST: A variance to allow an additional freestanding sign.
LOCATION: 2704 Texas Avenue South, located at the intersection of Harvey
Mitchell Parkway South and Texas Avenue South
APPLICANT: Vista College, Judy Stout
PROPERTY OWNER: CS Plaza Ltd., David Cottrell
PROJECT MANAGER: Jenifer Paz, Staff Planner
jpaz@cstx.gov
RECOMMENDATION: Staff is recommending approval with conditions.
BACKGROUND: The subject property is located off the frontage road on the corner of Texas
Avenue South and Harvey Mitchell Parkway South. The applicant has stated that an additional
freestanding sign is necessary to allow potential users to identify their location from Texas
Avenue South. The existing freestanding sign is located approximately 570’ from Texas Avenue
South, due to the large amount of TXDOT right-of-way adjacent to the subject property.
Therefore, the applicant is requesting an additional freestanding sign that would meet all
applicable requirements of the Unified Development Ordinance (UDO).
APPLICABLE ORDINANCE SECTION: UDO Section 7.5.N ‘Freestanding Commercial Signs’
ORDINANCE INTENT: The purpose of UDO Section 7.5, ‘Signs’, is to establish clear and
unambiguous regulations pertaining to signs in the City of College Station and to promote an
attractive community, foster traffic safety, and enhance the effective communication and
exchange of ideas and commercial information. Signs are recognized as being necessary for
visual communication for public convenience. Furthermore, it is recognized that businesses and
other activities have the right to identify themselves by using signs that are incidental to the use
on the premises where the signs are located. The UDO seeks to provide a reasonable balance
between the right of a person to identify his or her business or activity and the rights of the
public to be protected against visual discord and safety hazards that result from the unrestricted
proliferation, location, and construction of signs.
Zoning Board of Adjustment Page 2 of 6
December 3, 2013
Zoning Board of Adjustment Page 3 of 6
December 3, 2013
Zoning Board of Adjustment Page 4 of 6
December 3, 2013
NOTIFICATIONS
Advertised Board Hearing Date: December 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: Seven.
Contacts in support: None as of date of Staff Report.
Contacts in opposition: None as of date of Staff Report.
Inquiry contacts: None as of date of Staff Report.
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GC General Commercial Multi-tenant Retail
North GC General Commercial
R-6 High Density Multi-Family
Retail
Riverwalk Apartments
South GC General Commercial Retail
East GC General Commercial Bank, Auto Repair Shop
West CI Commercial Industrial Multi-tenant Retail/Warehouse
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has approximately 380 feet of frontage on Longmire Drive,
156 feet on Valley View Drive, and 986 feet on the Texas Avenue South frontage road.
2. Access: The subject property is accessed from all street frontages.
3. Topography and vegetation: The site is relatively flat and has little to no vegetation.
4. Floodplain: The subject property is not located within FEMA regulated floodplain.
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.
Staff has identified that the significant amount of TXDOT right-of-way at the intersection of
Texas Avenue and Harvey Mitchell Parkway South (FM 2818) between the frontage road
and the subject property could be considered an extraordinary or special condition for the
purpose of signage.
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.
Zoning Board of Adjustment Page 5 of 6
December 3, 2013
The variance is necessary for the preservation and enjoyment of a substantial property right
as the property has special conditions that limit sign visibility.
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 this variance will not be detrimental to the public health, safety, or welfare or
injurious to property as the additional sign would be required to meet all other standards of
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.
Granting this variance will not have an effect of preventing the orderly subdivision of land,
since this property has been designated as a building plot.
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.
Granting of the variance will not have any effect of preventing flood hazard protection as it is
not located in FEMA regulated floodplain.
6. Other property: That these conditions do not generally apply to other property in the
vicinity.
Another property in the vicinity was granted a variance to the sign ordinance based on
similar special conditions with TXDOT right-of-way.
7. Hardships: That the hardship is not the result of the applicant’s own action.
This hardship is not the result of the applicant’s own action as it was anticipated that Harvey
Mitchell Parkway would be a grade separated Freeway with frontage roads.
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 the variance does not substantially conflict with the Comprehensive Plan as
the sign will still adhere to all other standards 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.
Given the conditions associated with this site, the application of the UDO would effectively
prohibit or unreasonably restrict the utilization of the property.
Zoning Board of Adjustment Page 6 of 6
December 3, 2013
ALTERNATIVES
The applicant may choose to use the existing freestanding sign that is shared by the tenants of
the shopping center. There are currently available cabinet spaces that could be occupied by the
tenant give the property owner’s approval. The location of the sign is located approximately 570’
from Texas Avenue South. However, granting the variance would allow the applicant to locate a
freestanding sign closer to the desired bypass traffic on Texas Avenue South.
STAFF RECOMMENDATION
Staff recommends approval of the variance request with the following conditions:
1. That the sign be located along Texas Avenue South
2. The sign area be limited to 75 square feet
3. A maximum height of 25 feet, setback in accordance to the sign ordinance in the UDO
4. The existing abandoned freestanding sign frame be removed
SUPPORTING MATERIALS
1. Application