HomeMy WebLinkAbout06/05/2007 - Regular Minutes - Zoning Board of AdjustmentsWORKSHOP MINUTES
Zoning Board of Adjustment
June 5, 2007
• CITY OF COLLEGE STATION, TEXAS
5:30 P.M.
MEMBERS PRESENT: Chairman Jay Goss, Donald Braune, Josh Benn, Denise Whisenant, &
John Richards.
MEMBERS ABSENT: Alternate Thomas Mather (Not Needed).
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner Lindsay Boyer, Planning
Administrator Molly Hitchcock, Planning and Development Services
Director Bob Cowell, Assistant City Attorney Angela DeLuca, First
Assistant City Attorney Mary Ann Powell, Deputy City Manager Terry
Childers and Action Center Representative Bryan Cook.
AGENDA ITEM NO. l: Call to order -Explanation of functions of the Board.
Chairman Goss called the meeting to order at 5:35.
AGENDA ITEM N0.2: Discussion of Administrative Adjustments given by Administrator.
• Planning Administrator Molly Hitchcock and Staff Planner Lindsay Boyer gave a brief dialogue of the
cases and answered questions from the Board.
AGENDA ITEM N0.3: Discussion of Regular Agenda Items.
Planning Administrator Molly Hitchcock and Staff Planner Lindsay Boyer discussed the cases and
answered questions from the Board.
AGENDA ITEM N0.4. Consideration and possible action on future agenda items - A
Zoning 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.
Board Members offered the following items for future discussion:
Have Alternate Member serve if a Regular Board Member lets staff know they will be abstaining
from voting on a case;
,., More guidance to Board on Staff Recommendations;
Fines for variances.
AGENDA ITEM N0.4:
Adjourn.
• The meeting was adjourned at 5:55
i~~ nn
ay Gq(s~, Chairman
ATT T: ~~,,,,~~
~ J,
---~3eborah Grace, aff Assistant
•
•
MINUTES
Zoning Board of Adjustment
June 5, 2007
• CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Jay Goss, Donald Braune, Josh Benn, Denise Whisenant and
John Richards.
MEMBERS ABSENT: Alternate Thomas Mather (Not Needed)
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner Lindsay Boyer, Planning
Administrator Molly Hitchcock, Planning and Development Services
Director Bob Cowell, Assistant City Attorney Angela DeLuca, First
Assistant City Attorney Mary Ann Powell, Deputy City Manager Terry
Childers and Action Center Representative Bryan Cook.
AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board.
Chairman Goss called the meeting to order at 6:05 PM.
AGENDA ITEM N0.2:
Consideration, discussion and possible action of absence requests.
• There were no requests to consider.
AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting
minutes.
Apri13, 2007 Workshop Meeting Minutes
Mr. Braune motioned to approve the meeting minutes. Ms. Whisenant seconded the motion,
which passed unopposed (5-0).
April 3, 2007 Regular Meeting Minutes
Mr. Benn motioned to approve the meeting minutes. Mr. Braune seconded the motion, which
passed unopposed (5-0).
Apri124, 2007 Workshop Meeting Minutes
Mr. Benn motioned to approve the meeting minutes. Mr. Richards seconded the motion, which
passed unopposed (5-0).
Apri124, 2007 Regular Meeting Minutes
Mr. Braune motioned to approve the meeting minutes. Mr. Richards seconded the motion, which
• passed unopposed (5-0).
AGENDA ITEM N0.4: Public hearing, presentation, possible action, and discussion on a
variance request to the Unified Development Ordinance Section 7.4 N Freestanding Commercial
Signs for the property located at 925 Earl Rudder Freeway South, Lot 1, Block 1, Greensworld
• Subdivision Phase 3. Case # 07-104
Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the
variance to increase the allowable freestanding sign area from 200 square feet to 288 square feet.
Chairman Goss opened the public hearing.
Those speaking in favor of the variance request:
Parvis Versalli, 110 Pershing, College Station, Texas
Valorie Kopecki, 1006 Summer Court, College Station, Texas
All speaking before the Board were sworn in by Chairman Goss.
Chairman Goss closed the public hearing.
Mr. Richards made the motion to deny a variance to the sign regulations from the terms of this
ordinance, as it will not be contrary the public interest, due to the lack of any special conditions, and
because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship
to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done.
The motion died with a lack of a second.
Mr. Benn stated that he would second the motion for discussion purposes if Mr. Richards reoffered the
motion.
Mr. Richards reoffered the motion. Mr. Benn seconded the motion.
There were discussions among the Board members concerning there being no evidence of any special
conditions or hardships. Their only finding was of a financial hardship.
Chairman Goss called for the vote to deny. The vote was (5-0) to deny.
AGENDA ITEM NO. S: Public hearing, presentation, possible action, and discussion on a
variance request to the Unified Development Ordinance Section 7.1 H Height for the property
located at 2423, 2425, & 2427 Earl Rudder Freeway South, Reserve 1, Block 1, Raintree
Subdivision. Case # 07-78
Planning Administrator Molly Hitchcock presented the staff report. She stated that since the last
meeting the owners of Champion Creek office development had met with the abutting single-family
home owners, and the Raintree HOA President to discuss fencing options that may mitigate the impact
height variances may have. The discussion between the property owners is described in the attached
"Letter of Agreement" that will be a part of the approved minutes for this meeting. Staff also provided
a proposed positive motion form that the Board could consider.
i
Chairman Goss opened the public hearing.
Those speaking in favor of the variance request:
Michael Irwin, 2600 Cumberland Court, College Station, Texas
Scott Eidson, 2005 Indian Trail, College Station, Texas
All speaking before the Board were sworn in by Chairman Goss.
Chairman Goss closed the public hearing.
Mr. Richards motioned to approve the height variance using the motion form supplied in the Boards
packet (attached as part of the minutes). Chairman Goss read the motion for record. Mr. Braune
seconded the motion, which passed (4-0-1). Ms. Whisenant abstaining from voting since she lived
in Raintree.
AGENDA ITEM NO: 6: Consideration and possible action on future agenda items - A
Zoning 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.
Mr. Benn asked for an item to discuss the enforceability of the Boards decisions.
AGENDA ITME NO. 7: Adjourn.
The meeting was adjourned at 7:43.
Grace, Staff~Assistant
•
Letter of A~'eement
College Station, TX
Date: May 1 1, 2007
•
•
Regarding the property line on the east side of the Champion Creek Office Park (also known as 2421,
2423, 2425, 2427 and 2429 Earl Rudder Fwy S) and,on the west side of the residential subdivision
Raintree.
The developer of Champion Creek, Edenbach, LP, the homeowners of Raisitree adjacent to the
Champion Creek development and the Raintree hlomeowners' Association have reached the following
agreement:
If a variance is granted and the project proceeds as currently planned the developer of Champion Creek
will at its sole cost:
1. Remove all existing fencing along the mutual property line
2. Install a prefab sectional concrete (stone look) fence along the mutual property line
3. The height of the fence will be 8' at the southern corner and maintain a level top height
which results in an approximate height of between 9' and 10' at the northern corner.
4. The north corner will be made to blend around the corner to make an attractive transition
with the homeowner's existing fence.
5. The Developer will maintain the fence on an ongoing basis -
6. A thick buffer landscaping area of Live Oaks and Crepe Myrtles will be planted in the space
between the fence and the office buildings on the Champion Creek property.
7. An easement will be donated for a subdivision entry sign
8. The developer will construct an entry sign similar to the design attached (attachment B} and
use the City of College Station's i~~atching fu~Tds to helm defrl,~ some of the cost
The Developer and residential homeowners of Raintree are in agreement that a variance (attachment B)
is in the best in Brest of - th parties. (l
_ V
bevel r - Champio Creek Adjacen omeown
Edenli h, P 2218 Raintree Drive, College Station, Tx. 77845
Date: D~~ Date:~~~UU ~
J
ltaintre wners Association Ad,~acent Homeowner
Date: "' f ~/ "D 7 7802 Stonewall Crt., College Station, Tx. 77845
_ Date: ~!`IGL, 11 r~ n'7
College Station,Tx.77845 '"l
'Stonew l Crt., 11 a Station, Tx. 77845
o ~ ~~
32
•
CITY OF COLLEGE STATION
Planning ~r Development Services
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
VARIANCE FROM SECTION 7.1.H Height of the Unified Development Ordinance.
I move to authorize a variance to the
Yard (Article 5)
Lot Width (Article 5)
Lot Depth (Article 5)
X Height
Minimum Setback (Article 5)
Section 5.2 & 5.4 Dimensional Standards
Parking Requirements (Section 9)
Article 7, Section 7.2 Off-Street Parking Standards
from the terms of this Ordinance as it will not be contrary to the public interest, due to the
following special conditions:
The natural topography of the land and the re rg ading of the site necessary to protect the
single family homes from storm water runoff, together with the location of the site
against single family homes:
and because a strict enforcement of the provisions of the Ordinance would result in
unnecessary hardship to this applicant being:
An inability to create an office campus designed to be low-im ap ct against the residential
and such that the spirit of this Ordinance shall be observed and substantial justice
done subject to the following limitations:
1. The property owner shall erect and maintain a precast concrete stone textured fence
along the eastern property line that is shared with single-family residences. The fence
shall begin between 9 and 10 feet in height at the northeast corner of the site and shall
gradually slope to a minimum of 8 feet in height at the southeast property corner so
that the fence is consistently level. The fence will transition into the existing fence
around the north corner.
2. Buildings 2 and 3, as referenced in Exhibit 1:
• shall not exceed 4,250 square feet each as reflected in Exhibit 1
• shall be located no closer than 15 feet from the eastern property line shared
with single family residences as reflected in Exhibit 1:
• shall be constructed at a maximum average height between the eaves and
ridge lines of 18 feet or less as reflected in Exhibit 2;
^ shall be constructed at a finished floor of 93 or less as reflected in Exhibit 1
• shall have a roof pitch of 6:12 as reflected in Exhibit 2;
• shall have an eaves hei ht no greater than 12 feet as reflected in Exhibit 2; and
• shall not locate any portion of a window or other glazing material above 8 feet
from the finished floor as reflected in Exhibit 2.
3. Building 4, as referenced in Exhibit 1:
• shall not exceed 4,250 square feet as reflected in Exhibit 1;
• shall be located no closer than 29 feet from the eastern property line shared
with single family residences as reflected in Exhibit 1;
^ shall be constructed at a finished floor of 93.25 or less as reflected in Exhibit
1
• shall have a roof pitch of 6:12 as reflected in Exhibit 2;
• shall have an eaves hei h~greater than 12 feet as reflected in Exhibit 2; and
• shall not locate any portion of a window or other glazing material above 8 feet
from the finished floor as reflected in Exhibit 2.
These requirements satisfy the intent of the Ordinance to protect single family residential
against new conditions which would adversely affect that use. As such, these limitations
are related to the land and would create an aestheticallypleasing environment for the
nei hg boring single family properties in addition to lessening the impact of the proposed
office complex on the adjacent neighborhood.
These conditions being met, Building 2 is herebygranted a height variance of 14.5 feet,
Building 3 is granted a height variance of 12.5 feet, and Building 4 is granted a height
variance of 4.5 feet.
Motion made by
Seconded by
Voting Results
Chair Signature Date
•
ZONING BOARD OFADJUSTMFNT
GU~'ST RL~GISTFR
MEETING DATI: June 5, 2007
NAME
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•
CITY OF COLLEGE STATION
Planning d Development Servicer
ZONING BOARD OF ADJUSTMENT
FORMAT FOR NEGATIVE MOTION
'7~ ~N
VARIANCE FROM SECTION of the Unified Development Ordinance.
I move to not authorize a variance to the
Yard (Article 5)
Lot Width (Article 5)
Lot Depth (Article 5)
Height
Minimum Setback (Article 5)
Section 5.2 & 5.4 Dimensional Standards
Parking Requirements (Section 9)
Article 7, Section 7.2 Off-Street Parking Standards
• from the terms of this Ordinance as it will be contrary to the ublic interest due to the
p ,
lack of any special conditions, and because a strict enforcement of the provisions of the
ordinance would not result in unnecessary hardship to this applicant, and such that the
spirit of the ordinance shall be observed and substantial justice done.
Motion made by ~ f ~ ~:~" ~~ <<-~J~~~~S
Seconded by ~ ~ ~ ~~~~~
Voting Results ~ ~ `
Chair
Date ~~~/fi'
•
._
~.,
(.
~~
C;I 11 t 11 C.c ~I LF.c;I: S I;\I IUN
l'l. r!r uiq~ c~`lk•rrl~i~utrul S~~ri~ir<~:
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
~~ ~-~~ ' `C "_~ ~. j ~ c
- ~~
VARIANCE FROM SECTION 7.1.H Height of the Unified Development Ordinance.
I move to authorize a variance to the
Yard (Article 5)
Lot Width (Article 5)
Lot Depth (Article 5)
X Height
l~ Minimum Setback (Article 5)
Section 5.2 & 5.4 Dimensional Standards
Parking Requirements (Section 9)
Article 7, Section 7.2 Off-Street Parking Standards
frnn~ thy? tF?rtllc of this (err{~n1r~r'P :~C ~f ~~!ill (lit ~F' rnntr'-lr~i to the ~i~hlir intprpct f~~~p to
the following special conditions:
The natural topography of the land and the regrading of the site necessary to protect the
single family homes from storm water runoff, together with the location of the site
against single family homes:
and because a strict enforcement of the provisions of the Ordinance would result in
unnecessary hardship to this applicant being:
An inability to create an office campus designed to be low-impact against the residential
and such that the spirit of this Ordinance shall be observed and substantial justice
done subject to the following limitations:
1. The~roperty owner shall erect and maintain a precast concrete stone textured fence
along the eastern property line that is shared with single-family residences. The
fence shall begin between 9 and 10 feet in height at the northeast corner of the site
and shall gradually slope to a minimum of 8 feet in height at the southeast property
corner, so that the fence is consistently level. The fence will transition into the
existing fence around the north corner.
2. Buildings 2 and 3, as referenced in Exhibit 1:
^ shall not exceed 4,250 square feet each as reflected in Exhibit 1;
34
• shalt be located no closer than 15 feet from the eastern property line shared
with ~iiiUic family r~~idcnccs as reii~cted iii i=~iiiuii i
^ shall be constructed at a maximum average height between the eaves and
ridge lines of 18 feet or less as reflected in Exhibit 2'
^ shall be constructed at a finished floor of 93 or less as reflected in Exhibit 1;
• shall have a roof pitch of 6:12 as reflected in Exhibit 2;
• shall have an eaves height no greater than 12 feet as reflected in Exhibit 2;
and
shell not locate any portion of a window or other glazing material abcwe ~ teat
from the finished floor as reflected in Exhibit 2.
Building 4, as referenced in Exhibit 1:
^ shall not exceed 4,250 square feet as reflected in Exhibit 1;
• shall be located no closer than 29 feet from the eastern property line shared
with single family residences as reflected in Exhibit 1;
^ shall be constructed at a finished floor of 93.25 or less as reflected in Exhibit
1;
• shall have a roof pitch of 6:12 as reflected in Exhibit 2;
^ shall have an eaves height no greater than 12 feet as reflected in Exhibit 2;
and
• shall not locate any portion of a window or other glazing material above 8 feet
from the finished floor as reflected in Exhibit 2.
These requirements_ sats~ _the ,..intent of the Ordinance to _protectsingle family
residential against new conditions which would adversely atrect that use. Hs such
these limitations are related to the land and would create an aesthetically pleasing
environment for the neighboring single family properties in addition to lessening the
impact of the proposed office complex on the adjacent neighborhood.
These conditions being met Building 2 is hereby granted a height variance of 14.5 feet
Building 3 is granted a height variance of 12.5 feet, and Building 4 is granted a height
variance of 4.5 feet.
Motion made
Seconded by
Voting Resul
Chair Signatr
f
35
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