Georgetown Planning Department

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1 Georgetown Planning Department Zoning Board of Adjustment Staff Report Meeting Date: March 19, 2013 Item: 4 File No: VAR Project Planner: Mike Elabarger, Senior Planner Report Date: March 14, 2013 UDC Section(s) to be Varied: Section Sign Design and Area Regulations Staff Recommendation: Denial Item Description Public Hearing and possible action concerning a Variance request for a ten foot (10 ) freestanding monument sign in the General Commercial (C-3) District, exceeding the permitted height of five foot (5 ), per Sections 3.15 and of the Unified Development Code (UDC), at 2901 Williams Drive. Item Details Project Name: Autozone Monument Sign Project Address: 2901 Williams Drive Location: North side of Williams Drive, just west of River Bend Drive Legal Description: A portion of 2338 Plaza, Phase 2, Lot 3, Acres 2.73 Zoning: C-3-General Commercial Land Use: Vacant/Planned for Mixed Use Neighborhood Center (MUNC) Applicant/ Property Owner: Autozone Agent/Contact: Brian Siddall, Sign Manager Applicant s Request The property owner is requesting a Variance from the Zoning Board of Adjustment (Board) to permit a sign that exceeds the UDC maximum height limit (5 ) by an additional five feet (5 ), for a total sign height of ten feet (10 ). See Exhibit 4 for the proposed location of the sign and its relation to existing signs. Justification provided by the Applicant is that the Taco Bell sign located just west of this property may prove to be a visibility hinderance to our proposed monument sign. Background The applicant is seeking to develop the remaining developable area of Lot 3 of the 2338 Plaza subdivision with an auto parts retail store. A Site/Construction Plan for the development of the store was approved on September 12, Autozone Sign Variance Page 1 of 7

Zoning Board of Adjustment Staff Report Section 10.06.

This subject property falls under the category of All properties fronting Williams Drive/FM 2338 (except for the SP Overlay District).

2 Zoning Board of Adjustment Staff Report Section /Table lays out the Sign Dimensional Standards for all properties by Zoning District or location. This subject property falls under the category of All properties fronting Williams Drive/FM 2338 (except for the SP Overlay District). The site is permitted a freestanding monument sign up to 5 tall, with sign area of up to 48 SF for a single tenant, and up to 64 SF on a multi-tenant sign for four (4) or more tenants. Below is the existing multi-tenant sign on the property. Autozone Sign Variance Page 2 of 7

3 Zoning Board of Adjustment Staff Report Below is a diagram identifying the existing conditions on the ground. The red dotted line is the boundary of Lot 3; the shaded yellow area the approximate area of the future Autozone store. The two existing signs discussed are also identified. Staff Analysis The Applicant s sign (Exhibit 5) is proposed as a multi-tenant sign (10 total spaces, replacing the existing sign on the property) with a sign area of square feet. Section allows a single-tenant monument sign to have forty-eight square feet (48 SF) of sign area, while Section (F.)(2.) allows a multi-tenant sign with more than four (4) tenants to have a maximum of sixty-four square feet (64 SF) of sign area. Thus, the proposed sign is eight square feet (8 SF) less than the maximum permitted for a single tenant, and more than twenty-four square feet (24 SF) less than the maximum permitted for a multi-tenant sign. The apparent requirement for Lot 3 to provide a multi-tenant sign for the two buildings on the interior of this lot is one inherent to the lot, and not a requirement of the UDC. As Autozone Sign Variance Page 3 of 7

4 Zoning Board of Adjustment Staff Report noted, the proposed sign could be enlarged by more than twenty-four square feet (24 SF). However, regardless of the multi-tenant aspect, the maximum height allowed is five feet (5 ), and therefore, the multi-tenant aspect is not a means of justification when the applicant states that the Taco Bell sign obstructs the view of the subject sign. Chapter 10 of the UDC, for properties fronting on IH-35, SH-195, and SH-130, allows a freestanding monument sign of up to eight feet (8 ) tall, based on the greater right-of-way width and vehicular speeds causing the need for increased visibility of signage. With this request, the applicant is seeking a sign two feet (2 ) higher than the highest permitted sign of this type within the City. This request represents a 100% height increase over that permitted for the location on Williams Drive, and a 25% height increase over the highest sign of this type permitted anywhere within the City. Below is a picture, looking east across the entrance to Taco Bell, the subject property, and the neighboring property, taken from the nearby sidewalk (a shallower viewing angle than that provided by the eastbound vehicle lanes). The existing multi-tenant sign is not visually blocked by the Taco Bell sign. The proposed location of the Autozone sign is approximately the center of the lot near where the political signs appear in the photo, which increases the spacing between it and the Taco Bell sign. The option exists for the proposed sign to be moved even further east, further increasing that spacing. Autozone Sign Variance Page 4 of 7

5 Zoning Board of Adjustment Staff Report Review Criteria Per UDC Section , Criteria for Variance Review, the Board may authorize a Variance from the requirements of the zoning provisions of the UDC if the Variance from the terms of the zoning provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unneccesary hardhip, so the spirit of the UDC is preserved and substantial justice is done. No Variance shall be granted unless the Board finds all of the following: 1. Extraordinary Conditions - That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. Staff Comment: There are no extraordinary or special conditions that justify the applicant s request. 2. No 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 code. Staff Comment: Should the Board approve the request, it may not have a detrimental effect on public health, safety, or welfare, or to adjacent properties, but will be inconsistent with existing signs meeting the UDC requirement and in fact potentially establish precedence for a neighboring property to pursue in the future. 3. Other Property - That the conditions that create the need for the Variance do not generally apply to other property in the vicinity. Staff Comment: There are no conditions creating the need for a Variance. The permitted height of this sign type is the same for all commercial properties on Williams Drive (not in the SP Overlay), and thus, conditions are the same and equal so far as sign height. The applicant has chosen to locate the proposed sign where it is proposed; it could be moved further east, reducing or eliminating the view obstruction claimed as the justification for the height increase request. 4. Applicant s Actions - That the conditions that create the need for the Variance are not the result of the applicant's own actions. Staff Comment: There are no conditions creating the need for a Variance. If any visual obstruction is being created by the chosen location, it is at least partially created by the applicant, who has the option of locating the sign further east on the property. Autozone Sign Variance Page 5 of 7

6 Zoning Board of Adjustment Staff Report 5. Comprehensive Plan - That the granting of the Variance would not substantially conflict with the Comprehensive Plan and the purposes of this code. Staff Comment: The proposed sign height is greater by two feet (2 ) than the tallest freestanding monument sign permitted within the City, which includes locations along state or interstate highways with rights-of-ways ranging between 250 and 600 wide. This would conflict with the purpose of the UDC, in providing sign heights commensurate to the size, scale, and speed of the adjacent roadway(s). 6. Utilization - That because of the conditions that create the need for the Variance, the application of this code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. Staff Comment: There are no conditions creating the need for a Variance. The applicant could place the proposed sign further east on the lot, increasing spacing with the Taco Bell sign that is claimed as a visual obstruction. 7. Insufficient Findings - The following types of possible findings do not constitute sufficient grounds for granting a Variance: a. That the property cannot be used for its highest and best use. b. That there is a financial or economic hardship. c. That there is a self-created hardship by the property owner or their agent. d. That the development objectives of the property owner are or will be frustrated. Staff Comment: Regarding (c.), the applicant could place the proposed sign further east on the lot, increasing spacing with the Taco Bell sign that is claimed as a visual obstruction. Additionally, the Board may not grant a Variance when the effect of which would be any of the following: 1. To allow the establishment of a use not otherwise permitted in the applicable Zoning District. 2. To increase the density of a use above that permitted by the applicable District. 3. To extend physically a nonconforming use of the land. 4. To change the Zoning District boundaries shown on the official Zoning Map. Staff Comment: None of these apply. The fact that the property may be utilized more profitably should a Variance be granted may not be considered grounds for a Variance. Staff Comment: This does not apply. Autozone Sign Variance Page 6 of 7

7 Zoning Board of Adjustment Staff Report Public Comments A public notice was placed in the Williamson County Sun on Sunday, March 3, As of the day of this report, one (1) public comment had been submitted to the Planning Department, in favor of the request; see Exhibit 7. Staff Recommendation Staff recommends denial of the Variance request to Section , Sign Design and Area Regulations, in the C-3-General Commercial District, to allow a ten foot (10 ) freestanding monument sign in the General Commercial (C-3) District, exceeding the permitted height of five foot (5 ), per Sections 3.15 and of the Unified Development Code (UDC), at 2901 Williams Drive, due to the findings of Criteria (1.) through (7.) as provided above. It is staff s opinion that the applicant wishes to have a monument sign that is of a higher visibility (due to height increase) than other existing signs that either meet the Ordinance or are legal nonconforming. The Applicant has chosen to locate the sign in a position that is closer to the western boundary, and the referenced Taco Bell sign, than appears necessary. Staff finds that there is no visual obstruction created by the Taco Bell sign on the existing, multi-tenant sign from a reasonable distance when travelling east-bound on Williams Drive. The proposed sign could be placed farther east on the property, separating itself further from the Taco Bell sign, and lessening any viewing angle that could possibly create obstruction by the Taco Bell sign. Staff would advise the applicant to submit a building permit for a sign of a maximum of five feet (5 ) tall containing up to sixty-four square feet (64 SF) of sign area. Exhibits Exhibit 1 Location Map Exhibit 2 Zoning Map Exhibit 3 Aerial Map Exhibit 4 Proposed Sign Location Exhibit 5 Sign rendering Exhibit 6 Applicant s Letter of Request Exhibit 7 Public Comment Exhibit A Motion to Grant a Variance Exhibit B Motion to Deny a Variance Exhibit C Notes on Consideration of this Variance Request Submitted By Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director Autozone Sign Variance Page 7 of 7

8 VAR Exhibit #1 Legend Site Parcels City Limits Georgetown ETJ DAWN DR VAR WILLIAMS DR RIVER BEND DR Coordinate System: Texas State P lan e/c entral Zone/N AD 83/US Feet Cartographic Data For Gen eral Planning Purposes Only Feet

Zoning Information VAR-2013-002 Exhibit #3

PARK MEADOW BLVD DAWN DR VAR-2013-002 WILLIAMS

9 Zoning Information VAR Exhibit #3 Legend Site Parcels City Limits Georgetown ETJ PARK MEADOW BLVD DAWN DR VAR WILLIAMS DR RIVER BEND DR Coordinate System: Texas State P lan e/c entral Zone/N AD 83/US Feet Cartographic Data For Gen eral Planning Purposes Only Fe et

VAR-2013-002 Exhibit #4 Legend Site Parcels City Limits Georgetown

Coordinate System: Texas State P lan e/c entral Zone/N AD 83/US Feet

10 VAR Exhibit #4 Legend Site Parcels City Limits Georgetown ETJ PARK MEADOW BLVD DAWN DR VAR WILLIAMS DR RIVER BEND DR Coordinate System: Texas State P lan e/c entral Zone/N AD 83/US Feet Cartographic Data For Gen eral Planning Purposes Only Fe et

11 EXHIBIT 4 Proposed Sign Location

12 9'-6" (114 ) CABINET SIZE 9'-2" (110 ) VO VO VO VO 2'-0" (24 ) #4270 Georgetown, TX 13" LOGO 8.375" VO 8.375" VO 8.375" VO 16 VO 30 VO 3'-10" (46 ) VO 4'-2" (50 ) CABINET SIZE JS ADD MORE TENANT PANELS & SECOND OPTION 10 OAH 10'-0" (120 ) OAH 5-10 (70 ) NEW D/F INTERNALLY ILLUMINATED MONUMENT 1] SQ. FT. MONUMENT SIGN 2] PLASTIC FACES w/ APPLIED STANDARD AZ VINYL GRAPHICS V-1, V-2, V-3 TENANT VINYL TBD 3] CABINET SHEETED w/ PRE-FINISHED BLACK ALUMINUM, INTERIOR PAINTED WHITE P-2 4] 2 RETAINERS BLACK, DIVIDER BARS 5] INTERNALLY ILLUMINATED w/ FLUORESCENT LAMPS 6] 5-0 OVERALL HEIGHT FROM FINISHED GRADE 7] STEEL POLE SUPPORT, PORTION INSIDE CABINET P-2 8] ALUMINUM POLE COVER PAINTED, COLOR TBD P-3 9] POLE AND FOOTING SIZE *TBD PER ENGINEERING 9'-2" (110 ) POLE COVER PAINTED TO MATCH COLOR TBD 1'-8" (20 ) POLE COVER /2 =1-0 2 of

13 Date: 2/27/ South Front Street Memphis, TN (901) FAX (901) AutoZone Store No Williams Drive Georgetown, TX Dear Zoning Board of Adjustment, As Sign Manager and Representative for AutoZone Store Development, I am respectfully requesting a variance in the form of greater sign height from Chapter 10 of the UDC (SIGNS). Currently, per the standards set forth on the property at Williams Drive, AutoZone is allowed a monument sign that shall not exceed 5 feet in height. This sign will contain approx. six (6) additional tenants. We are requesting a sign that shall not exceed 10 feet in total height. 1. There is a Taco Bell sign immediately adjacent to our parcel that is as high or higher than we are going to be allowed. This sign at the same setback and the same or greater height may prove to be a visibility hinderance to our proposed monument sign 2. Due to the fact that we are required to include 6 other tenants on the sign, the sign is rather squatty and the other tenants panels will be difficult to see that low to the ground. Additional height allowed would grant them much better visibility. 3. There will be no substantial (if any) detrimental effect on the surrounding area or city. In fact, an increase in height of this sign will significantly benefit the six (6) other tenants that will occupy space on the sign along with AutoZone. Not to mention the extra height will provide for better visibility to the address if required on the sign. 4. I am unaware that our unique situation does not apply to any other property in the vicinity. I know that the Taco Bell does not have to share their sign with six additional tenants. There are other properties in the vicinity that have much taller signs than five feet high. 5. The conditions that require the variance are not created by AutoZone. The property is unique in that it requires (by the developer) that we build a monument sign that will include the multiple tenants on the properties behind us that are not readily visible from the main road.

14 6. There is no reason to believe that this variance would completely disregard the comprehensive plan. We are staying within the square footage limitations, setback limitations and other limitations. We are only requesting a variance in height. 7. The answer to this is unknown. There is no substantial evidence stating that the property could or could not be used if the variance was not granted. Thank you for your consideration of this variance request. AutoZone and I appreciate the time you took to review and hear our case in asking for a greater sign height. Please me or call me to inform me of the meeting date. Unfortunately, due to travel conflicts I will not be able to attend the meeting directly but I will hire someone local to attend the meeting and present our case. If a letter of authorization is needed to allow someone else to attend the meeting, I will happily provide one to the attendee and he/she will present the letter the evening of the meeting. I can be reached at any of the contact numbers or address below. Thank you again, Brian Siddall Sign Manager AutoZone Store Development 123 South Front Street Memphis, TN (901) (Office) (662) (Cell) brian.siddall@autozone.com

16 EXHIBIT A MOTION TO GRANT A VARIANCE Based upon the evidence presented by the applicant(s) (and the other individuals who offered testimony on this application), I move that the Board find as follows: (1) There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location, that is, ; (2) The granting of the variance on the specific property 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 code, that is, ; and (3) The conditions creating the need for the variance do not apply generally to other property in the same area and the same zoning districts, that is, ; and (4) The conditions that create the need for the variance are not the result of the applicant's own actions, that is ; and (5) The granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this code, that is ; and (6) Because of the conditions that create the need for the variance, the application of this code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property, that is ; and (7) Based upon the foregoing evidence and criteria, I move that the Board approve the variance to Section of the UDC requested by the applicant for the property located at.

17 EXHIBIT B MOTION TO DENY A VARIANCE Based upon the evidence presented by the applicant(s) (and the other individuals who offered testimony on this application), I move that the Board find as follows: (1) There are no special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location, that is, ; (2) The granting of the variance on the specific property will be detrimental to the public health, safety, or welfare and / or injurious to other property in the area, or to the City in administering this code, that is, ; and (3) The conditions creating the need for the variance apply generally to other property in the same area and the same zoning districts, that is, ; and (4) The conditions that create the need for the variance are the result of the applicant's own actions, that is ; and (5) The granting of the variance would substantially conflict with the Comprehensive Plan and the purposes of this code, that is ; and (6) The application of this code to the particular piece of property would not effectively prohibit or unreasonably restrict the utilization of the property, that is ; and (7) Based upon the foregoing evidence and criteria, I move that the Board deny the variance to Section of the UDC requested by the applicant for the property located at.

18 EXHIBIT C BOARD OF ADJUSTMENT ACTION: NOTES ON CONSIDERATION OF THIS VARIANCE REQUEST Zoning Board of Adjustment Hearing: Request by: Board Members participating: 1. Nature of Request: 3. What is the public interest that is involved? 4. How is the public interest affected? 5. List the special conditions existing: 6. The following are the special conditions urged by the applicant: 7. What necessary hardships are involved? 8. How are any hardships different from those affecting the rest of the public faced with the enforcement of this same provision? 9. How will the spirit of the ordinance be observed if this request is granted? 10. How will substantial justice be done if this request is granted? Board Member

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: February 2, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: February 2, 2015 CASE NUMBER 5946 APPLICANT NAME VARIANCE REQUEST ZONING ORDINANCE REQUIREMENT ZONING AREA OF PROPERTY TRAFFIC ENGINEERING COMMENTS Wrico Signs