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[1. CALL TO ORDER AND CERTIFICATION OF A QUORUM]
RIGHT.THE MONDAY, APRIL 27TH, 2026 MEETING FOR THE BOARD OF ADJUSTMENTS IS CALLED TO ORDER.
ANY COMMENTS FROM THE BOARD? MY APOLOGIES.
ALRIGHT, WE'LL MOVE ON TO PUBLIC COMMENTS.
MEMBERS OF THE PUBLIC ARE INVITED TO GIVE COMMENTS AT THIS TIME LASTING NOT LONGER THAN THREE MINUTES.
COMMENTS MAY BE GENERAL IN NATURE OR MAY ADDRESS A SPECIFIC AGENDA ITEM AND SHOULD BE DIRECTED AT THE ENTIRE BOARD, NOT INDIVIDUAL MEMBERS OF THE BOARD OR STAFF.
ANY SPEAKER MAKING PERSONAL ATTACKS OR USING VULGAR OR PROFANE LANGUAGE SHALL FORFEIT HIS OR HER REMAINING TIME AND SHALL BE SEATED IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT.
AND DO WE HAVE ANY PUBLIC COMMENTS? NO.
[4. CONSENT AGENDA]
MOVING ON TO THE CONSENT AGENDA.THE FOLLOWING ITEMS ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION.
THERE WILL NOT BE A SEPARATE DISCUSSION ON THESE ITEMS UNLESS A BOARD MEMBER REQUESTS IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND DISCUSSED AFTER THE CONSENT AGENDA ITEM, MOVE THE MINUTES OF NOVEMBER 24TH, BE APPROVED AS READ AS PRESENTED.
HOLD ON, LEMME READ IT AND THEN I'LL HAVE YOU DO THAT.
OH, ITEM FOUR A CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE MINUTES FOR THE BOARD OF ADJUSTMENTS.
MEETING HELD ON NOVEMBER 24TH, 2025.
OKAY, I MOVE THE MINUTES ON NOVEMBER 24TH.
ALRIGHT, DO WE HAVE A SECOND? ALRIGHT, ALL THOSE IN FAVOR SAY AYE.
[6.A. Conduct a public hearing concerning a request for a variance from the requirement stating an apartment must have a minimum lot width of 100 feet from Subsec. 18-7.4. Urban Transition (UT) of the Unified Development Code (UDC) and a variance from the requirement of a 15 foot wide Structural B bufferyard for development in the Urban Transition (UT) zoning district when the adjoining district is Neighborhood Conservation (NC) from Subsec. 18-21.4. Bufferyards, Table 18-21.4.-1, District Agenda Board of Adjustment 4403 State Highway 3 Dickinson, TX 77539 The presiding member and a quorum of the Board of Adjustment will be present at the physical location shown above. Monday, April 27, 2026 at 6:00 PM Bufferyard Standards of the Unified Development Code (UDC) – with such variances allowing a lot width of 64 feet and a 7.5 foot side bufferyard for approx. ± 0.19 acres, located at 4404 E 25th St. and legally described as PIERRE SUB (2016) ABST 78, Lot 5R, ACRES 0.193]
MOVE ON TO SECTION SIX.CONDUCT A PUBLIC HEARING CONCERNING A REQUEST FOR A VARIANCE FROM THE REQUIREMENTS STATING AN APARTMENT MUST HAVE A MINIMUM LOT WIDTH OF A HUNDRED FEET FROM SUBSECTION 18 DASH 7.4, URBAN TRANSITION OF THE UNIFIED DEVELOPMENT CODE, AND A VARIANCE FROM THE REQUIREMENT OF A 15 FOOT WIDE STRUCTURAL B BUFFER YARD FOR THE DEVELOPMENT IN THE URBAN TRANSITION ZONING DISTRICT WHEN THE ADJOINING DISTRICT IS NEIGHBORHOOD CONSERVATION FROM SUBSECTION 18 DASH 21.4.
BUFFER YARDS TABLE 18 DASH 21.4 DASH ONE DISTRICT BUFFER YARD STANDARDS OF THE UNIFIED DEVELOPMENT CODE WITH SUCH VARIANCES ALLOWING A LOT WIDTH OF 64 FEET AND A SEVEN AND A HALF FOOT BUFFER SIDE BUFFER YARD FOR APPROXIMATELY PLUS OR MINUS 0.19 ACRES.
LOCATED AT 44 0 4 EAST 25TH STREET, AND LEGALLY DESCRIBED AS P PIERRE SUBDIVISION 2016 ABSTRACT 78 LOT FIVE R ACRES 0.193.
AND WE HAVE A STAFF PRESENTATION.
UH, SO PROBABLY A LITTLE BIT OF BACKGROUND ON THIS, YOU A PUBLIC HEARING.
THIS IS A PUBLIC HEARING, RIGHT? YES.
SO WE START WITH THE STAFF PRESENTATION AND THEN THERE'S YEAH, SHE DIDN'T SAY WE OPENED THE PUBLIC HEARING AT WHAT TIME? UM, OKAY.
WE OPENED THE PUBLIC HEARING AT 6:07 PM THANK YOU.
SO, UH, TO PROVIDE Y'ALL A LITTLE BACKGROUND OF HOW WE GOT TO THIS POINT, UH, I'VE BEEN WORKING WITH MR. PIERRE, THE PROPERTY OWNER AND HIS, UH, DESIGNEE TO, UH, DEVELOP THIS PROPERTY.
HE HAD PLOTTED THIS WHOLE AREA IN 2016 BEFORE THE CITY OF DICKINSON ANNEXED THIS AREA.
UH, SO AT THAT TIME HE HAD ONE, I'M NOT SURE IF YOU'RE FAMILIAR WITH THE 26TH STREET AREA.
HE HAD, UH, ONE PROPERTY THAT HE BUILT A FOURPLEX ON.
AND THEN AFTER HE WAS ANNEXED IN THE CITY, HE BUILT ANOTHER FOURPLEX.
UH, HE IS WISHING TO CONTINUE THAT STYLE OF DEVELOPMENT ON TWO ADJACENT PARCELS.
UH, SO TO START OFF WITH GETTING HIM IN COMPLIANCE WITH THE CITY OF DICKINSON REGULATIONS, UH, HE DID APPLY FOR A ZONING MAP AMENDMENT.
UH, SO HE DID CHANGE THE ZONING OF HIS FOUR ADJACENT LOTS, UH, TO WHAT WE CALL URBAN TRANSITION.
IT PERMITS A MIX OF, YOU KNOW, DENTS, UH, RESIDENTIAL DEVELOPMENT, MULTIPLEX APARTMENTS, UH, SINGLE FAMILY HOMES, DUPLEXES ARE ALL PERMITTED IN THE STONING DISTRICT.
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PROCESS WITH P AND Z AND CITY COUNCIL, AND THAT WAS APPROVED.UH, SO WE GOT HIS USE OF THE PROPERTY PERMITTED, AND NOW WE ARE WORKING ON THE DEVELOPMENT STANDARDS OF THE PROPERTY.
WE NEED TO MAKE HIS DEVELOPMENT STANDARDS MEET OUR REGULATIONS.
UH, SO HIS REQUEST FOR THIS PROPERTY, 44 0 4 EAST 25TH STREET, UH, IS LIKE WE SAID, TO, UH, REDUCE THE REQUIRED LOT WIDTH OF A HUNDRED SQUARE A HUNDRED FEET AND REDUCE THE REQUIRED BUFFER YARD BETWEEN HIS PARCEL AND THE ADJACENT PARCEL THAT ARE ZONED DIFFERENTLY, UH, TO A SEVEN AND A HALF FOOT BUFFER YARD.
THIS SLIDE SHOWS WHAT OUR VARIANCE REQUIREMENTS ARE.
UH, BASICALLY YOU CANNOT REQUEST A VARIANCE MORE THAN 50% OF WHAT THE TERM IS TO BE VARIED.
UH, SO IN THIS CASE, HE MEETS THAT, UH, HE HAS A, HE NEEDS TO HAVE A HUNDRED SQUARE, A HUNDRED FOOT LOT WIDTH, AND HE HAS 64 FEET.
SO THAT FALLS WITHIN THE 50% AS LONG AS WELL AS THE BUFFER YARD IS REQUIRED TO BE 15 FEET.
SO HE'S REQUESTING SEVEN AND A HALF.
UH, THIS TABLE SHOWS THE LOT DEVELOPMENT STANDARDS FOR AN APARTMENT, WHICH IS THE DEVELOPMENT HE CHOOSES.
UH, THE REASON HE VARIED AWAY FROM A MULTIPLEX, UH, IT IS A MULTIPLEX IS DEFINED AS A FOUR UNIT, UH, DEVELOPMENT.
AND SO HE WISHES AT THIS TIME TO DO A SIX UNIT APARTMENT, UH, BUILDING.
AND SO HE'LL HAVE TO MEET THE BUILDING COVERAGE, THE LOT WIDTH AND THE LOT AREA DWELLING UNIT.
THIS IS THE TABLE THAT TALKS ABOUT OUR BUFFER YARD STANDARDS.
SO HIS CURRENT ZONING DISTRICT OF URBAN TRANSITION BORDERS THE NEIGHBORHOOD CONSERVATION DISTRICT.
UH, IT REQUIRES A TYPE B BUFFER YARD.
UH, IT GIVES OPTIONS FOR THE TYPE B BUFFER YARD.
YOU CAN EITHER HAVE A 15 FOOT STRUCTURAL BUFFER YARD, WHICH INCLUDES A SIX FOOT TALL, UH, FENCE AND LANDSCAPING.
AND THAT 15 FEET, IT CANNOT BE DEVELOPED, UH, YOU KNOW, CAN'T PUT A BUILDING OR A SHED OR ANYTHING THERE.
UH, IT ALSO WOULD GIVE YOU THE OPTION OF HAVING A LARGER BUFFER YARD.
THIS PROPERTY SMALL, THEY'RE NOT GONNA HAVE ENOUGH ROOM FOR THAT.
SO THEY HAVE CHOSEN WHAT WE CALL THE STRUCTURAL BUFFER YARD.
THIS IS A VICINITY MAP OF THE PROPOSED PROPERTY.
UH, AS YOU CAN SEE, WE'RE TALKING ABOUT 44 0 4 RIGHT NOW AT NEIGHBORS AT 43 12 NEIGHBORHOOD CONSERVATION PROPERTY.
UH, SO FOR CLARITY, THE BUFFER YARD, UH, WOULD BE REQUIRED TO BE ADJACENT TO THE 49 12 AND THE REAR OF THE PROPERTY.
UH, THERE'S GONNA BE A REQUIRED BUFFER YARD, UM, ON BOTH OF THOSE PROPERTY LINES.
UH, PROBABLY A GOOD TIME TO POINT OUT THE ADJACENT DEVELOPMENTS.
PRETTY CONSISTENT CHARACTER OF THE NEIGHBORHOOD.
WE HAVE TWO EXISTING MULTIPLEXES.
UH, HISTORICALLY THEY ARE MAINTAINED PRETTY, PRETTY WELL.
WE DON'T HAVE, UH, YOU KNOW, COMPLAINTS COMING IN FROM PROPERTY OWNERS, UH, ADJACENT TO THAT OR ANYTHING LIKE THAT.
AS YOU CAN SEE, UNDEVELOPED, BUT NICELY KEPT, UH, REMAINS NICE IN MOWED.
AND THIS IS A DRAWING PROVIDED BY THE APPLICANT, UH, SHOWING THEIR PROPOSED NEW LAYOUT.
AND SO, LIKE I SAID, IT, IT SHOWS THE BUFFER YARD AT THE REAR.
THEY'RE GONNA KEEP THAT AT 15 FEET.
AND THE ONE ON THE SIDE IS WHERE THEY'RE REQUESTING TO REDUCE TO SEVEN AND A HALF.
IT IS, IT IS PROBABLY WORTH NOTING THAT, UH, THESE BUILDINGS ARE GONNA BE SET FURTHER BACK ON THE PROPERTIES, UH, VERSUS THE EXISTING MULTIPLEXES.
UH, HE'S GONNA BE REQUIRED TO PROVIDE PARKING, UH, THAT IS ACCEPTABLE FOR THE NUMBER OF OF UNITS THAT HE HAS.
ARE THOSE SINGLE DWELLING HOMES ON BOTH SIDES ON NUT STREET? ARE THOSE TRAILERS THEY LOOK LIKE SINGLE DWELLING HOMES? UH, THE SURROUNDING PROPERTIES ARE MOSTLY SINGLE FAMILY BESIDES THE 2 44 26 AND I, I'M BLANKING ON THE, THE SECOND ADDRESS.
IS THIS A LASER POINTER? YEAH.
ARE THEY DUPLEXES OR SINGLE DUANE HOMES AND HOW MM-HMM
THE TWO ADJACENT TO THESE PARCELS ARE FOURPLEXES, SO THEY CALL 'EM A MULTIPLEX.
UH, THE REST OF THE HOMES ARE A SINGLE FAMILY.
SO WE'RE TALKING ABOUT TWO PROPERTIES HERE, RIGHT? RIGHT.
AT THIS TIME, THIS, THIS SPECIFIC ITEM IS FOR ONE, THIS THING JUST SHOWS ONE.
CORRECT? WE HAVE TWO ITEMS. HMM.
THE NEXT ITEM WILL BE THE SECOND PROPERTY.
WE HAVE ONE ITEM PER PROPERTY.
YOUR VARIANCE SHOULD GO TO PROPERTY.
RIGHT NOW WE'RE TALKING ABOUT 44 0 4.
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WILL TALK ABOUT 44 10.UM, LET ME ASK YOU A QUESTION.
IS IT GOING, IS THE ELEVATION GOING TO STAY THE SAME ON THE LOT OR THEY'RE GOING TO RAISE THEM UP? UH, THIS PROPERTY IS LOCATED IN THE FLOODPLAIN, SO ANY FILL WOULD NEED TO BE MITIGATED.
UH, WE HAVEN'T NECESSARILY GOT TO THE ENGINEERING POINT OF THIS DEVELOPMENT, BUT IT'S VERY LIKELY DUE TO THE SIZE OF THE LOT, UH, THAT THEY WILL NOT BE ADDING ADDITIONAL FILL.
IT'S LIKELY THEY'RE GONNA DO, UH, ELEVATED TYPE CONSTRUCTION.
AND SO IF YOU, IF YOU NOTE, UM, THE EXISTING FOURPLEXES IS, IS PRETTY EASY TO TELL WHICH ONE WAS BUILT BEFORE THE CITY ANNEX AND WHICH IS NOT, UH, DUE TO ADDITIONAL CITY REGULATIONS, ONE IS ELEVATED ON PILINGS, ONE IS KIND OF BUILT SLAB ON GRADE.
THE ONE THAT'S ELEVATED ON PILINGS WAS BUILT AFTER IT WAS ANNEXED BY THE CITY.
SO THIS IS THE RECORDED PLAT FROM 2016 JUST SHOWING THAT THE CONFIGURATION OF THE PROPERTY HAS NOT CHANGED, UH, SINCE HE DID RECORD THIS PLAT.
UH, OVERALL DUE TO, YOU KNOW, THE, THE, UH, CHARACTER OF THE NEIGHBORHOOD AND EVERYTHING ELSE, CONSIDERED THE STAFF WOULD RECOMMEND APPROVAL, UH, OF THE REQUEST, UH, STATING AN APARTMENT MIGHT HAVE, MAY MUST HAVE A MINIMUM LOT WIDTH OF A HUNDRED FEET, UH, AND HAVE A 15 FOOT WIDE STRUCTURAL TYPE B BUFFER YARD, UH, ADJACENT TO THE SIDE NEIGHBORHOOD CONSERVATION PROPERTY.
LET MAY ASK YOU ONE MORE QUESTION.
WHAT, WHAT IS THIS GOING TO DO TO THE PRIVACY OF THAT HOMEOWNER'S ON LEFT HAND SIDE? UH, SO THAT IS PART OF THE REASON THAT THE BUFFER YARD IS REQUIRED.
UH, IT'S GONNA HAVE A SIX FOOT PRIVACY FENCE THAT IS PART OF THAT BUFFER YARD.
UH, AS FAR AS IF YOU'RE TALKING ABOUT HEIGHT, YOU KNOW, THERE, THERE IS A, A, A THREE STORY APARTMENT COMPLEX WILL DEFINITELY BE TALLER THAN A SINGLE FAMILY HOME.
UH, BUT THAT HEIGHT IS PERMITTED, UH, IN THE ZONING DISTRICT.
I DIDN'T, I I UNDERSTAND THAT.
BUT, UH, WHAT ABOUT, YOU GOT A TWO STORY BUILDING WITH A ONE STORY COMMUNITY AND YOU GOT PEOPLE IN THE SECOND STORY LOOKING DOWN ALWAYS AT THE, UH, PEOPLE ONE STORY.
YOU KNOW, THAT THAT'S THE ONLY THING CONCERNED ME.
YOU KNOW, THE PRIVACY OF THE PEOPLE THAT LIVES THERE NOW, NEXT DOOR, YOU KNOW.
SO, UH, THAT, THAT CONCERNS ME.
I THINK ONCE WE GET THROUGH THE PRESENTATIONS AND WE CLOSE THE PUBLIC HEARING, THEN WE CAN OPEN IT UP TO, TO MAKE A MOTION AND HAVE THAT DISCUSSION.
TELL ME AGAIN HOW MANY APARTMENTS ARE GONNA BE THERE.
THAT'S TIMES TWO 12 CARS, BABY MORE.
YOU HAVE TEENAGERS, RIGHT? WHERE ARE THEY GONNA I DON'T SEE ENOUGH PARKING FOR THAT.
SO THE, THE PARKING WILL BE IN THE FRONT AND LIKE I SAID, THE BUILDINGS WILL BE SET FURTHER TO THE REAR, UH, TO PROVIDE AMPLE PARKING.
OUR, OUR ZONING REGULATIONS DO HAVE PARKING REQUIREMENT PER DWELLING UNIT.
AND SO THEY WILL MEET THAT REQUIREMENT.
THAT'S GONNA LOWER THE VALUE OF THOSE SINGLE DWELLING HOMES THERE.
IS THE CITY WILLING TO PAY THEM FOR LOWERING THE VALUE OF THEIR HOMES? YEAH, I'M, I'M NOT SURE I CAN SPEAK ON BECAUSE THAT COULD CERTAINLY HAPPEN BEHALF OF THE CITY FOR THAT.
AND WHAT DOES 25TH STREET LOOK LIKE? YOU MEAN IS IT PAVED? THE CONDITION OF THE ROADWAY IS, IT'S AN ASPHALT ROADWAY.
TWO LANE WASHER WOULDN'T WANT APARTMENTS NEXT TO MY HOUSE.
IS 25TH STREET THE ONE THEY'RE HAVING TROUBLE WITH SCHOOL BOOK, SCHOOL PARKING? YES.
IT IS, UH, SLIGHTLY ADJACENT TO SILVER NAGEL ELEMENTARY.
UH, THEY DO, I'VE HEARD HAD, UH, ISSUES DURING DROP-OFF AND PICKUP TIMES FOR THE SCHOOL.
I THINK TRAFFIC WILL BACK UP ON THIS NEIGHBORHOOD.
UH, TO BE HONEST, WE HAD THIS CONVERSATION AT CITY COUNCIL AND PLANNING AND ZONING WHEN WE WENT THROUGH THE ZONING PROCESS.
UH, KIND OF CONSISTS IS THE TRAFFIC SHOULD NOT BE SIGNIFICANTLY IMPACTED FROM THIS DEVELOPMENT.
THE THE PRIMARY ISSUE IS, IS THE SCHOOL, UH, THEY DON'T HAVE ANY STACKING ON SITE, SO THEY ENDED UP STACKING ON THE PUBLIC ROADWAYS.
IT'S THE SAME PROPERTY OWNER ON ALL THESE PROPERTIES OVER HERE ON THIS SIDE.
DID HE DEVELOP THOSE TWO? I DON'T THINK HE DEVELOPED THEM.
I BELIEVE, AND MAYBE THE APPLICANTS CAN SPEAK BETTER THAN THIS.
I DO BELIEVE HE OWNED THEM AT ONE TIME AND THEN SOLD THEM TO, I FORGET THE ORGANIZATION NAME, UH, FOR THEM TO DEVELOP AT A DIFFERENT TIME.
THIS, THIS SUBDIVISION PLAT WAS CREATED BEFORE DICKINSON WAS A CITY, RIGHT BEFORE THAT AREA WAS ANNEXED.
NOT THE CITY EXISTED, BUT, UH, THAT AREA WAS NOT ANNEXED.
HAVE WE HEARD ANY CORRESPONDENCE FROM NEIGHBORS TO THE PROPERTY? UM, ANY OPPOSING OR IN FAVOR OF THE ACTION? NOT FOR THIS APPLICATION.
UH, 'CAUSE WE DID SEND PUBLIC NOTICE THE SAME WAY WE SENT PUBLIC NOTICE FOR THE ZONING CHANGE.
UH, FOR THE ZONING CHANGE, WE DID HAVE A, A DECENT
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TURNOUT FOR THAT AT BOTH, UH, P AND Z AND CITY COUNCIL.UH, MOSTLY OPPOSED, UH, BUT THE, THE PRIMARY COMPLAINT WAS, WAS TRAFFIC.
THEY WERE CONCERNED THAT THE TRAFFIC WOULD BE INCREASED.
UH, THEY WERE CONCERNED WITH STREET PARKING.
UM, AND LIKE I SAID, I, I THINK MOST OF THAT IS, IS REALLY DUE TO THE SCHOOL AND, AND IT'S NOT ALL TIMES OF DAY IS DURING MA MAINLY DROP OFF AND PICKUP HOURS.
UH, YOU KNOW, WHEN YOU, WHEN YOU HAVE AN APARTMENT, YOU'RE NOT GONNA BE COMING GOING A BUNCH OF TIMES.
YOU'RE GONNA GO TO WORK, YOU'RE GONNA COME HOME, UH, MAYBE YOU'RE GONNA GO OUT TO EAT ONCE, YOU KNOW, OKAY, I LIVE ON 37TH IN CALIFORNIA, WHICH IS RIGHT DOWN FROM THE SCHOOL.
IF I GO TO THE HIGH SCHOOL TO TEACH, I LEAVE APPROXIMATELY, WHICH IS THREE OR FOUR BLOCKS FROM MY HOUSE TO THE, TO THE HIGH SCHOOL PARKING LOT.
I LEAVE ABOUT, I DON'T HAVE TO BE THERE, BE BE THERE UNTIL SIX 30 IN THE MORNING.
I LEAVE BETWEEN 5 45 AND SIX BECAUSE THE TRAFFIC BACKS UP ON 37TH STREET AND GOES DOWN CALIFORNIA FOR PARENTS WAITING TO DROP OFF THEIR KIDS.
I, SO I LEAVE 15, 45 MINUTES BEFORE I HAVE TO BE THERE JUST SO I DON'T HAVE TO SIT IN A LINE.
AND IT'S THE SAME THING IN THE AFTERNOON.
THAT TRAFFIC WILL BACK UP ALL THE WAY DOWN 37TH.
IT BACKS UP ON 35TH AND IT CAN BACK UP ON 34TH.
AND SO THAT ISSUE, SO THE TRAFFIC IN THE MORNING IS HORRENDOUS.
AND THIS IS AN ISSUE CAUSED BY THE, THE SCHOOL LOCATION OR FROM RESIDENTS? NO, IT'S JUST LEAVING SCHOOL DISTRICT.
IT'S, IT'S PARENTS DROPPING THEIR STUDENTS OFF.
THEY HAVE TWO PARKING BLOCKS NOW.
IT BACKS UP ALL THE WAY DOWN HIGH FIVE 17 PAST, PAST THAT LIGHT ON 37TH AND FIVE 17.
I GO DOWN 37TH, SO I HAVE TO LEAVE ABOUT 45 MINUTES EARLIER.
I'LL BE STUCK IN THAT TRAFFIC.
TO TRY TO GET TO THE PARKING LOT THAT I HAVE TO PARCEL.
SO YOU'RE ADDING YEAH, YOU'RE ADDING A LOT MORE TRAFFIC.
I MEAN, NOT, NOT CONSIDERABLY, BUT IF I WERE SOMEBODY THAT BUILT AND I HAVE CLOSE TO AN ACRE, BUT IF APARTMENTS WERE BUILT NEXT TO ME, THAT WILL LOWER THE VALUE OF MY HOME.
AND IN MOST CASES, THOSE PEOPLE CAN ASK THE MONEY, ASK THE CITY TO COMPENSATE THEM FOR A, A LOWER VALUE OF THEIR HOUSE.
ALL THEY HAVE TO DO IS GO TO CAD AND FIGURE IT OUT.
SO MAYBE YOU NEED TO ASK THE NEIGHBORS IF THEY'RE, 'CAUSE THAT'S GONNA COST OUR CITY MONEY IF THEY COMPLAIN AND, AND WIN THIS PLAN IS NOT, IS NOT, UH, ADDING TO THE STREET PARKING THOUGH THEY'VE GOT PARKING LOT IN FRONT OF THEIR HOUSE.
OUR DEVELOPMENT CODE DOES REQUIRE A CERTAIN NUMBER OF PARKING SPOTS PER DWELLING UNIT.
IT'S NOT FOR THE WHOLE ARE THESE DUPLEXES? THEY'RE FOUR PLEXES.
THEY'RE PROPOSING APARTMENT AND THE ONLY REASON IT'S CALLED AN APARTMENT IS 'CAUSE IT'S MORE THAN FOUR UNITS.
UH, IT'S GONNA BE SIX UNITS IS WHAT THEY'RE PROPOSING.
BUT, UH, CAN YOU SPEAK A LITTLE BIT WHY WE HAVE THAT A HUNDRED FOOT LOT WIDTH BUFFER, UM, AND THEN KIND OF THE RATIONALE FOR WHY WE'RE ABLE TO REDUCE THAT BASED ON THE MERITS OF THIS APPLICATION, FOR INSTANCE? YEAH, ABSOLUTELY.
UH, SO LIKE I SAID, THIS, THIS PROPERTY WAS PLATTED PRIOR TO CITY REQUIREMENTS.
UH, WE ALSO DO HAVE THE NEW DEVELOPMENT CODE.
SO NOT, NOT SAYING THE DEVELOPMENT CODE CAUSED THIS HARDSHIP, KIND OF THE, THE PREVIOUS PLAT DID.
UH, AND SO THE REASON, UH, THAT I CAN BEST FIGURE REQUIRES THAT LOT WITH, UH, IS THE, THE WAY IT READS OUTRIGHT IS IT PREFERS TO HAVE THE PARKING OF AN APARTMENT ALLEY LOADED IS WHAT THEY CALL IT, RATHER THAN AT THE FRONT.
UH, THIS PROPERTY IS, IS EXISTING, IS KIND OF INFILL.
THERE'S DEVELOPMENT THAT SURROUNDS IT.
THERE IS NO WAY TO PLA AND ACCESS ALLEY IN THE REAR OF THIS PROPERTY AS IT SITS.
UH, SO TO COMPENSATE FOR THAT, THE APPLICANT IS WILLING TO PUSH THE BUILDING BACK ON THE PROPERTY TO PROVIDE THE REQUIRED PARKING UP FRONT.
UH, 'CAUSE IF YOU NOTICE IT DOES HAVE TWO REQUIREMENTS.
UH, IT HAS LOT WIDTH, BUT IT ALSO HAS LOT AREA PER DWELLING UNIT.
UH, SO WHEN YOU AVERAGE THIS OUT, IT, IT WILL MEET, UH, THE REQUIRED SQUARE FOOTAGE PER DWELLING UNIT OF APARTMENT.
SO IS 44 26 AND 44 16 ALREADY BUILT? YES SIR.
THEY ARE EXISTING FOURPLEX UNITS.
HOW COME THEY GOT THAT LITTLE PIECE OF ALLEY BEHIND 44 26? WHAT WAS THAT ALL ABOUT? UH, IT'S, IT'S AN ABANDONED ALLEY.
I BELIEVE WCID ACTUALLY OWNS THE PROPERTY, UH, NEXT TO 44 26.
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AND IT, IT IS SOME SORT OF ABANDONED ALLEY, BUT IT'S BEEN TAKEN OVER BY ADJACENT PROPERTIES ALREADY.UM, BUT THAT, THAT IS PRETTY MUCH PRESENTATION THAT STAFF HAS AT THIS TIME.
I WOULD LIKE TO ASK THE APPLICANT IF HE HAS ANYTHING TO SAY AND AFTER THAT WE CAN CLOSE PUBLIC HEARING AND ADDRESS ANY COMMENTS AFTER A MOTION.
I'M WITH SWEETWATER CONSTRUCTION.
I'M HERE TO, UH, REPRESENT MR. PAUL PIERRE, THE PROPERTY OWNER OF, UH, 44 26 THROUGH 44 0 4 EAST 25TH STREET.
UH, MR. PIERRE SENDS HIS APOLOGIES FOR NOT BEING ABLE TO ATTEND TODAY.
HE'S A, A PILOT AND THEY RECENTLY ENCOUNTERED SOME UNFORESEEN ISSUES OVERSEAS, EXCUSE ME, THAT DELAYED HIS RETURN.
UM, JUST JUST TO REITERATE AND TO PROVIDE A BRIEF HISTORY, UH, OF THE PROPERTY AND THE SURROUNDING DEVELOPMENT, UH, MR. PIERRE PURCHASED A SUBSTANTIAL PORTION OF THIS AREA BACK IN, UH, OH 5 0 6.
WHAT YOU SEE UP THERE, UM, THE EXISTING UNITS, UH, THE 44 10 44 0 4.
AND THEN WHAT WOULD BE THE PROPERTIES TO THE SOUTH OF THAT, UH, WHICH HE SOLD TO HABITAT OF HUMANITY? UM, I BELIEVE IN, UM, SOMEWHERE AROUND 2010.
UM, AND, UH, DURING THAT TIME HE BEGAN PLANNING THE OVERALL DEVELOPMENT.
UM, AND OH SEVEN, HE BUILT THE PROPERTY AT 44 26, WHICH IS THE ORIGINAL BUILDING THAT YOU SEE WOULD BE ON YOUR FAR LEFT.
YOU SEE HOW THOSE, THE FOOTPRINT LOOKS IDENTICAL TO THE ONE ADJACENT TO IT, WHICH WOULD BE 44 16, WHICH WAS BUILT IN 2018.
AND I PERSONALLY OVERSAW THE CONSTRUCTION OF THAT PROPERTY AND WE'LL ALSO BE CONSTRUCTING THESE TWO PROPERTIES IF APPROVED.
UM, AND THEN, YOU KNOW, ABOUT A MONTH AGO, AS TRAVIS EXPLAINED THAT WE GOT APPROVED FOR A ZONING MAP AMENDMENT, WHICH CHANGED THE NEIGHBORHOOD CONSERVATION TO URBAN TRANSITION.
UM, WHEN, UH, MR. PIERRE ORIGINALLY PLANNED THIS, UH, PROJECT IN 2005, 2006, THE AREA WAS STILL PART OF THE COUNTY.
UH, SINCE THE BEGINNING, HIS VISION HAS BEEN TO THOUGHTFULLY DEVELOP THE AREA WITH, UH, MULTIFAMILY HOUSING THAT OFFERS A CONSISTENT ARCHITECTURAL AESTHETIC WHILE ALSO HELPING PROVIDE QUALITY AFFORDABLE HOUSING OPTIONS FOR THE COMMUNITY.
UM, AND I, UH, I THINK THAT, I THINK THE, THE MAIN THING THAT WE WANT TO ACHIEVE HERE IS, UH, TO MAINTAIN THE ARCHITECTURAL CONSISTENCY AND, UH, COHESIVE SIDE AESTHETICS BY MATCHING THE FOOTPRINT OF THE NEIGHBORING, THE ADJACENT PROPERTIES EXISTING AT 44, 26 AND 44 16 EAST 25TH.
IF YOU GUYS HAVE ANY QUESTIONS FOR ME, I'D BE HAPPY TO ANSWER 'EM.
ANY QUESTIONS YOU CAN TO JOHNNY OLA? YES, SIR.
AUNT MIKE AND ALL THE REST OF THEM.
BUT Y'ALL HAVE, UM, BEEN THROUGH THE REZONING PROCESS ALREADY? YES SIR.
AND THAT, THAT WAS EASY TO DO, IS THAT RIGHT?
I THINK WE'VE BEEN AT IT FOR ABOUT A YEAR AND A HALF NOW.
WELL, AT THIS POINT IN THE PROCESS, IT IS SEEMS TO ME THAT THE ZONING IN WHAT'S PERMITTED IN THE ZONING IS SET BY THE NEW EDC OR UDC AND WHAT WE HAVE BEFORE US TONIGHT IS TO ALLOW A VARIANCE FROM THAT REQUIREMENT.
AND THAT'S THE ONLY ISSUE THAT WE SHOULD BE LOOKING AT.
AS FAR AS WHAT CAN BE BUILT THERE, IT SATISFIES THAT NEW ZONING THAT'S TAKEN CARE OF ALREADY.
AND IN REGARDS TO THE TRAFFIC, YOU KNOW, IT, IT WAS BROUGHT UP IN THE LAST TWO MEETINGS THAT WE HAD AND I THINK THAT I, YES, A HUNDRED PERCENT.
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ISSUE AND I THINK REGARDLESS OF THIS DEVELOPMENT, THAT IT'S GONNA CONTINUE TO PERSIST.YOU KNOW, UNLESS THERE'S SOME, SOME OTHER LAWS MAYBE POSSIBLY ARE IMPLEMENTED, YOU KNOW, ON THE STREET TO, TO CONTROL THE TRAFFIC.
WELL THE TRAFFIC IS SOMETHING WE CAN'T BE DETERMINED, WE CAN'T BE INVOLVED WITH HERE.
BECAUSE THAT'S A SCHOOL DISTRICT PROBLEM, IT'S NOT A CITY PROBLEM AND THE SCHOOL DISTRICT NEEDS TO STEP UP AND SOLVE THEIR PROBLEM.
THEY'VE GOT 22 ACRES OUT THERE NEXT TO SILVER NICKLE.
THEY COULD MAKE PARENT PICK UP STREETS OUT THERE AND SOLVE THE PROBLEM.
OR EVEN ON THAT, THAT VERY PROPERTY, EXCUSE ME, AT WHERE THE SCHOOL EXISTS, IT'S NOT A SCHOOL DISTRICT PROBLEM WHEN WE CAN'T AFFORD TO BUILD ANY MORE SCHOOLS BECAUSE IN OUR TAXES MINE WON'T, BUT OUR TAXES WILL ALL GO UP BECAUSE WE'LL HAVE TO BUILD ANOTHER SCHOOL.
WHAT WE DON'T NEED IN DICKINSON IS ANY MORE LOW AFFORDABLE HOUSING BECAUSE IT DOESN'T PAY ENOUGH TAXES TO KEEP OUR SCHOOLS WE'RE, WE'RE HAVING TO CLOSE THE SCHOOL THIS YEAR.
ANY OTHER QUESTIONS FOR THE APPLICANT? NO.
DO WE HAVE ANY PUBLIC COMMENTS FOR THIS ONE? NO.
I LIKE TO KNOW WHAT THE CITY RECOMMENDATION.
TRAVIS, IF YOU WOULD PROVIDE THAT RECOMMENDATION FOR US AGAIN.
UH, SO STAFF WOULD RECOMMEND APPROVAL FOR BOTH THESE ITEMS, THE REDUCTION OF THE BUFFER YARD AND THE REDUCTION OF THE REQUIRED LOT WIDTH.
UH, I WOULD LIKE TO TOUCH ON, I I DID PULL UP THE STANDARD FOR PARKING.
UH, 'CAUSE IT ACTUALLY IS TIERED FOR APARTMENTS AS PER BEDROOM.
UH, SO IF IT IS A ONE BEDROOM APARTMENT, IT REQUIRES ONE PARKING SPACE.
IF IT IS TWO BEDROOMS, IT REQUIRES 1.5.
IF IT IS THREE OR MORE, UH, IT WOULD REQUIRE 0.5 PER BEDROOM.
AND THAT IS WHAT'S IN OUR REQUIREMENTS.
UM, ANY OTHER QUESTIONS FOR TRAVIS? OKAY, THEN WE WILL GO AHEAD AND CLOSE THE PUBLIC HEARING AT 6:31 PM
[6.B. Consideration and possible action concerning a request for a variance from the requirement stating an apartment must have a minimum lot width of 100 feet from Subsec. 18-7.4. Urban Transition (UT) of the Unified Development Code (UDC) and a variance from the requirement of a 15 foot wide Structural B bufferyard for development in the Urban Transition (UT) zoning district when the adjoining district is Neighborhood Conservation (NC) from Subsec. 18-21.4. Bufferyards, Table 18-21.4.- 1, District Bufferyard Standards of the Unified Development Code (UDC) – with such variances allowing a lot width of 64 feet and a 7.5 foot side bufferyard for approx. ± 0.19 acres, located at 4404 E 25th St. and legally described as PIERRE SUB (2016) ABST 78, Lot 5R, ACRES 0.193.]
ALRIGHT, ITEM SIX B CONSIDERATION AND POSSIBLE ACTION CONCERNING A REQUEST FOR A VARIANCE FROM THE REQUIREMENTS STATING AN APARTMENT MUST HAVE A MINIMUM LOT WIDTH OF A HUNDRED FEET FROM THE SUBSECTION 18 DASH 7.4 URBAN TRANSITION OF THE UNIFIED DEVELOPMENT CODE AND A VARIANCE FROM THE REQUIREMENT OF A 15 FOOT WIDE STRUCTURAL B BUFFER YARD FOR DEVELOPMENT IN THE URBAN TRANSITION ZONING DISTRICT WHEN THE ADJOINING DISTRICT IS NEIGHBORHOOD CONSERVATION FROM SUBSECTION 18 DASH 21.4 BUFFER YARDS TABLE 18 DASH 21.4 DASH ONE DISTRICT BUFFER YARD STANDARDS OF THE UNIFIED DEVELOPMENT CODE WITH SUCH VARIANCES ALLOWING A LOT WIDTH OF 64 FEET AND A SEVEN AND A HALF FOOT SIDE BUFFER YARD FOR APPROXIMATELY 0.19 ACRES.LOCATED AT 44 0 4 EAST 25TH STREET AND LEGALLY DESCRIBED AS PIERRE SUBDIVISION 2016 ABSTRACT 78 LOT FIVE R ACRES 0.193.
WE GRANT THE VARIANCE AS PRESENTED.
IS THERE ANY DISCUSSION ON THIS ITEM? ANY MORE DISCUSSION?
CONDUCT A PUBLIC HEARING CONCERNING A REQUEST FOR A VARIANCE FROM THE REQUIREMENT STATING AN APARTMENT MUST HAVE A MINIMUM LOT WIDTH OF A HUNDRED FEET FROM SUBSECTION 18 DASH 7.4.
URBAN TRANSITION OF THE UNIFIED DEVELOPMENT CODE WITH SUCH VARIANCE ALLOWING A LOT WIDTH OF 70 FEET FOR APPROXIMATELY PLUS OR MINUS 0.21 ACRES LOCATED AT 44 10 EAST 25TH STREET AND LEGALLY DESCRIBED AS PR SUBDIVISION 2016 ABSTRACT 78 LOT SEVEN R ACRES 0.2109.
DO WE HAVE A STAFF PRESENTATION FOR THIS ONE OR, I MEAN, PROBABLY CLOSE TO THE SAME THING.
UH, SO SAME DEAL ON THIS ONE EXCEPT WE ARE ONLY TALKING ABOUT THE LOT WIDTH.
THIS ONE IS A LITTLE BIT WIDER THAN THE PREVIOUS ONE AT 70 FEET.
SO THEY'RE REQUESTING A REDUCTION OF 30 FEET,
[00:30:01]
UH, STILL WITHIN THE 50% VARIANCE, UH, GUIDELINES.IT'S GOING TO MEET WHAT WE HAVE IN ORDINANCE.
IS THERE ANYTHING IN PARTICULAR YOU WANNA SAY FOR THIS ONE TOO? OKAY.
YEAH, JUST YEAH, QUESTION FOR CLARITY.
WE HAD TO SPLIT 'EM UP PER, PER LOT.
UM, ANY OTHER QUESTIONS ON THIS OR DID WE GET MOST OF THAT ANSWER? SO THERE'S NOT A PROBLEM ON THIS WITH THE SIDE BUFFER ZONE, CORRECT.
UH, LOOKING AT THE ZONING MAP FOR THIS ONE, UH, THE ADJACENT LOTS ON BOTH SIDES HAVE THE SAME ZONING.
UH, SO THE BUFFER YARD REQUIREMENT THERE, THERE IS NOT ONE FOR SAME ZONING DISTRICT SIDE BY SIDE.
[6.D Consideration and possible action concerning a request for a variance from the requirement stating an apartment must have a minimum lot width of 100 feet from Subsec. 18-7.4. Urban Transition (UT) of the Unified Development Code (UDC) – with such variance allowing a lot width of 70 feet for approx. ± 0.21 acres, located at 4410 E 25th St. and legally described as PIERRE SUB (2016) ABST 78, Lot 7R,]
WE CAN MOVE ON TO ITEM SIX D.CONSIDERATION AND POSSIBLE ACTION CONCERNING A REQUEST FOR A VARIANCE FROM THE REQUIREMENT STATING AN APARTMENT MUST HAVE A MINIMUM LOT WIDTH OF A HUNDRED FEET FROM SUBSECTION 18 DASH 7.4, URBAN TRANSITION OF THE UNIFIED DEVELOPMENT CODE WITH SUCH VARIANCE ALLOWING A LOT WIDTH OF 70 FEET FOR APPROXIMATELY PLUS OR MINUS 0.21 ACRES LOCATED AT 44 10 EAST 25TH STREET, AND LEGALLY DESCRIBED AS PR SUBDIVISION 2016 ABSTRACT 78 LOT SEVEN R ACRES.
DO WE HAVE A MOTION? MAKE A MOTION.
WE GRANT THE VARIANCE AS PRESENTED.
[6.E Conduct a public hearing concerning a request for a variance from the requirement stating a maximum area square footage of 150 and a maximum height of 12 feet for a monument sign in the Auto-Centric Commercial (AC) zoning district from Subsec. 18-25.2. Permanent Sign Standards, Table 18-25.2.-3 Freestanding Sign Standards of the Unified Development Code (UDC) – with such variances allowing a maximum square footage area of 162 feet and a maximum height of 17 feet. for approx. ± 2.00 acres, located at 614 W FM 517 and legally described as DICKINSON CROSSING (2006) ABST 19, LOT A, ACRES 2.001.]
SIX E CONDUCT A PUBLIC HEARING CONCERNING A REQUEST FOR A VARIANCE FROM THE REQUIREMENT STATING A MAXIMUM AREA SQUARE FOOTAGE OF 150 AND A MAXIMUM HEIGHT OF 12 FEET FOR A MONUMENT SIGN IN THE AUTOCENTRIC COMMERCIAL ZONING DISTRICT FROM SUBSECTION 18 DASH 25.2 PERMANENT SIGN STANDARDS TABLE 18 DASH 25.2 DASH THREE FREESTANDING SIGN STANDARDS OF THE UNIFIED DEVELOPMENT CODE WITH SUCH VARIANCES ALLOWING A MAXIMUM SQUARE FOOTAGE AREA OF UP 162 FEET AND A MAXIMUM HEIGHT OF 17 FEET FOR APPROXIMATELY PLUS OR MINUS TWO ACRES.LOCATED AT 6 1 4 WEST FM 7 5 17 AND LEGALLY DESCRIBED AS DICKINSON CROSSING 2006 ABSTRACT 19 LOT A ACRES 2.001 AND STAFF PRESENTATION.
SO THIS, UH, BACKSTORY ON THIS ONE A LITTLE BIT.
WE HAVE BEEN WORKING WITH MR. RON ALON THE, UH, PROPERTY MANAGER FOR THIS, UH, FACILITY.
IT INCLUDES WHAT TJ REEDS, THERE'S A HAIRCUT PLACE, A, YOU KNOW, H2O PLACE.
SO THE UDC SIGN STANDARDS, UH, FOR THIS LOCATION, UH, FOR A MONUMENT SIGN THAT REQUIRES 12 FEET, 150 SQUARE FOOT MAXIMUM.
UH, THEY ARE PROPOSING A MULTI-TENANT SIGN.
THIS, UH, SHOPPING CENTER, UH, IT IS GOT A BIG ISSUE WITH, WITH THEIR ADVERTISING.
THEY, THEY HAVE GREAT STREET FRONTAGE, UH, BUT THEY HAVE NO SIGNAGE THAT IS, IS ADJACENT TO THE ROADWAY.
THEY HAVE WALL SIGNS, UH, BUT IT'S KIND OF SET FAR BACK AND IT'S, IT'S PRETTY DIFFICULT TO SEE IF YOU'RE DRIVING BY QUICKLY.
UH, SO MR. RONI'S BEEN WORKING WITH CITY STAFF, CITY MANAGER, MYSELF, UH, TO COME UP WITH SOMETHING THAT WILL WORK FOR HIS TENANTS.
AND SO HE IS REQUESTING, UH, JUST A SLIGHTLY BIGGER SIGN, UH, THAN WHAT WE ALLOW AND PRETTY EASY TO JUSTIFY.
IT'S GONNA HAVE OPTIONS FOR ALL THE TENANTS TO BE ON THERE RATHER THAN HAVING A BUNCH OF, YOU KNOW, SINGLE MISMATCH SIGNS POTENTIALLY, UH, ON THIS PROPERTY.
UH, SO THIS IS THE PARCEL IN QUESTION.
UH, LIKE I SAID, GREAT FIVE 17 FRONTAGE, UH, KIND OF SMALL, YOU KNOW, A REGULARLY SHAPED LOT.
AND LIKE I SAID, NO CURRENT SIGNAGE, UH, ON THE STREET FACE.
SO THIS, THIS IS A ROUGH SKETCH OF THE SIGN THAT IS PROPOSED.
UH, AND PROPOSED LOCATION OBVIOUSLY WITHIN OUR, OUR STANDARDS AS WELL.
UH, LOCATION WISE, IS THIS GOING TO BE BLOCKING THE DRIVEWAY? UH, IT SHOULD NOT.
SO OUR, OUR REGULATIONS REQUIRE A FIVE FOOT SETBACK FROM THE PROPERTY LINE.
UH, SO IT'LL BE OUTSIDE THE RIGHT OF WAY AND FIVE FEET WITHIN THE PROPERTY.
I MEAN, BLOCKING THE VISION FROM THE DRIVEWAY IF YOU'RE TRYING TO LEAVE.
UM, YOU KNOW, REALLY WHEN YOU'RE TURNING OUT, HOPEFULLY YOU'RE GONNA BE PULLED OUT A
[00:35:01]
LITTLE BIT FURTHER THAN BACK BEHIND THE RIGHT OF WAY.I MEAN, YEAH, IT, IT'LL BE BEHIND THE SIDEWALK.
UH, AND THIS REQUIRES A VARIANCE.
WHY? DUE TO THE SIZE OF THE SIGN, THE HEIGHT IN THE OVERALL AREA, UH, ARE LARGER THAN WHAT THE UDC PERMITS WILL BE ON A POLE.
IT'LL BE A MONUMENT SIGN TECHNICALLY.
UH, SO IT, IT, IT'LL KIND OF HAVE A 17 FEET TALL.
SO IT'S NOT, IT'S NOT A BIG 25 FOOT POLE SIGN OR ANYTHING LIKE THAT.
UH, LIKE I SAID, OUR MONUMENT SIGN, UH, IS I THINK 12 FOOT.
AND I KNOW IT HAS A PICTURE OF THAT OVER THERE, BUT, UM, THIS IS STILL CLASSIFIED AS MONUMENT SIGN.
DO YOU HAVE A, DO YOU HAVE A PICTURE OF THIS AS IT, AS IT, UH, RELATES TO THE MEDIAN DOWN THE MIDDLE OF FIVE 17
LOCATION TO THAT, LIKE HOW IT LINES UP WITH THE MEDIAN.
THAT DOESN'T SHOW THE MEDIAN AS IT SHOWS PART OF FIVE 17, RIGHT? UH, TO BE HONEST, I, I DO NOT HAVE THAT HANDY.
SO THE, THE QUESTION ABOUT SITE ACCESS THAT WE HAD, IT LOOKS LIKE THE ONLY ACCESS TO FIVE 17 FOR THIS SITE IS PROBABLY FAR ENOUGH AWAY TO WHERE IT WOULDN'T INTERFERE WITH SITE LINES WHEN PULLING IN OR, OR, UH, PULLING OUT OF THE LOT.
AND, AND PART OF THE INTENT OF, UH, THE FIVE FOOT SETBACK REQUIREMENT OF SIGNS IS TO PUSH THAT BACK FROM THE RIGHT OF WAY AND, AND MAKE SURE YOU HAVE THAT VISIBILITY.
WELL, DEPENDING, DEPENDING ON, AND THE MEDIANS, YOU MAY ONLY BE ABLE TO GO RIGHT.
COMING OUT OF THIS PARKING LOT.
I KNOW I GO THROUGH THERE ALL THE TIME EXCEPT SO PEOPLE CUT ACROSS AND GO LEFT, BUT IT'S AN ILLEGAL TURN.
SO, SO POTENTIALLY YOU, YOU WOULD ONLY BE LOOKING LEFT TO PULL OUT HERE AT ONCOMING TRAFFIC.
IT IT, AND THE MEDIAN AIMS YOU TO THE RIGHT.
YOU'RE NOT SUPPOSED TO GO TO THE LEFT.
BUT YEAH, ME AND A LOT OF OTHER PEOPLE DO IT.
WELL IF, IF SOME REASON YOU NEEDED TO LOOK TO THE LEFT, IT MIGHT INTERFERE WITH YOUR VISION, BUT NORMALLY IT WOULD NOT.
YOU'RE, YOU'RE, YOU'RE SUPPOSED TO GO, RIGHT? SO THIS DOESN'T INTERFERE WITH YOUR VIEW ON YOUR RIGHT.
IT'S 15 FEET BACK FROM THE YEAH.
SO THAT OUGHT TO GIVE YOU PLENTY OF ROOM.
SO WHAT'S THE VARIANCE FOR OR SIGN HEIGHT AND AREA OVERALL? THE PLACEMENT OF THE SIGN IS THAT PICTURE WHERE IT SAYS MONUMENT? THAT'S, IS THAT SUPPOSED TO BE THE SIGN THAT, THAT'S JUST AN EXAMPLE FROM OUR DEVELOPMENT CODE.
UH, I KNOW THAT, YOU KNOW, THAT LOOKS LIKE A LITTLE NEIGHBORHOOD SIGN TO ME.
SO THEY DID PROVIDE DIMENSIONS OF THE ACTUAL SIGN, RIGHT? THE PICTURE PICTURE OF THE SIGN THERE.
THIS IS A PROPOSED SIGN? YES, SIR.
THAT'S THAT FAR, RIGHT? THAT'S BELOW 17, RIGHT? MAX HEIGHT OF 17, THAT NINE FOOT IS BELOW GRADE.
SO THE DIFFERENCE IS THE HEIGHT OF 17 FEET VERSUS 12 FEET.
DOWN TO THAT IS THE ONLY VARIANCE.
UH, BUT APPLICANT IS HERE IF, IF Y'ALL HAVE ANY QUESTIONS HE MAY HAVE A SOMETHING TO SAY.
ANYTHING FROM THE APPLICANT? SURE.
I'M ONE OF THE OWNERS OF, UH, BAY COLONY SHOPPING CENTER.
UH, THE PROPERTY IS HOME TO TJ REED FLIPPERS, WHICH MANY OF YOU'RE FAMILIAR WITH.
UM, AND SO, UH, WHAT WE JUST DISCUSSED IS CORRECT.
I'M REQUESTING A HEIGHT VARIANCE OF 17 FEET, UH, COMPARED TO THE CURRENT CODE MAXIMUM OF 12 FEET.
THE, THE CURRENT CODE STATES 150 FEET OR 50, UM, UH, SQUARE FEET OF, UH, AREA SIGNAGE.
THE PROPOSED SIGN IS 162 SQUARE FEET.
SO IT'S 12 SQUARE FEET LARGER.
UM, NOW I WANNA JUST EXPLAIN WHY THE VARIANCE IS NECESSARY FOR THIS PARTICULAR PROPERTY.
UH, FIVE 17 IS BUSY COMMERCIAL CORRIDOR.
UM, AND A 12 FOOT SIGN HAVING CARS PARKED NEXT TO IT.
UM, AND THE SURROUNDING SITE CONDITIONS CAN PHYSICALLY ACTUALLY OBSTRUCT THE SIGN.
SO IT COULD BE OF NO USE IF IT'S 12 FEET.
SO THAT'S WHY YOU SEE, UM, THE ACTUAL, UH, TENANT SIGNAGE STARTS AFTER FIVE FEET.
[00:40:01]
CAR IS PARKED THERE, IT'S NOT BLOCKING THE SIGN.UH, WE'VE LOOKED AT THIS CAREFULLY.
UH, THE ADDITIONAL FIVE FEET OF THE HEIGHT MINIMUM INCREASE IS, IS NECESSARY, UH, FOR THE TENANTS TO BE IDENTIFIED FROM THE STREETS.
THIS IS NOT JUST AN AESTHETIC PREFERENCE FOR US.
IT'S, IT'S FUNCTIONAL NECESSITY, WHICH, UH, MANY OTHER PROPERTIES ALONG FIVE 17, IF YOU, IF YOU GO DOWN THERE, HAVE LARGE MONUMENT SIGN, THE, THE NEW UDC CODE STATES 12 FEET HEIGHT.
UM, AND SO THE INVESTMENT SIMPLY DOESN'T MAKE SENSE FOR US TO GO BUILD SOMETHING THAT'S 12 FEET AND HAVE A TRUCK PARKED NEXT TO IT AND YOU CAN'T SEE THE SIGN.
AND SO THE TENANTS REALLY DON'T GET ANY USE OUT OF IT.
UM, TO ANSWER YOUR QUESTION EARLIER, IF YOU WANNA FLIP BACK TO THE UH, UH, SITE PLAN OR ACTUALLY THE AERIAL MIGHT EVEN BE BETTER.
SO RIGHT WHERE THE, UH, LEFT RED LINE IS THE, THE BOUNDARY BETWEEN MY PROPERTY AND THE NEIGHBORING PROPERTY, WHERE THAT RED LINE IS, THAT IS ACTUALLY THE DRIVE ENTRANCE.
SO THE SIGN WHEN YOU NEED TO PULL OUT OF THE DRIVEWAY AND TAKE A RIGHT ON FIVE 17, THE SIGN IS NOT IN YOUR WAY.
THE SIGN IS TO THE RIGHT OF YOU.
IN FACT, IF YOU HAVE TO, IF YOU TRY TO GO LEFT THERE, YOU CANNOT GO LEFT.
THAT'S WHAT I WAS TRYING TO POINT OUT, THAT IT SHOULD NOT, UH, INTERFERE WITH THE VISION.
'CAUSE YOU'RE LOOKING THIS WAY AND TURNING THAT WAY TOWARDS THE SIGN.
IF YOU WANNA PULL OUT OF THE SHOPPING CENTER, YOU ARE FORCED TO GO.
IT IS NOT OBSTRUCTING ANYTHING.
IT IS SET BACK BEHIND THE PROPERTY LINE.
UM, PEOPLE DRIVE DOWN THIS ROAD PRETTY QUICKLY AND SO YOU GUYS ARE FAMILIAR WITH THIS PROPERTY.
IF IT'S SET BACK, YOU REALLY GOTTA TURN YOUR HEAD AND LOOK.
UM, MR. MATT MAGGIANO, UM, YOU KNOW, HE'S, HE'S FREQUENTED THE SHOPPING CENTER MANY TIMES AND HAD NO IDEA THAT WE HAD A, A, A TENANT CALLED BOX IT WHO DOES SHIPPING SERVICES.
AND, UH, IT'S BEEN AT TJ REED'S 10 TIMES AND NEVER EVEN NOTICED THEY WERE A NEIGHBOR 'CAUSE THEY DIDN'T HAVE PROPER SIGNAGE.
SO RESPECTFULLY ASKING YOU GUYS TO APPROVE THE, THE SMALL VARIANCE OF AN ADDITIONAL FIVE FEET AND AN ADDITIONAL 12 SQUARE FEET IN AN AREA.
I'M HAPPY TO ANSWER ANY QUESTIONS.
SO REALLY IT'S GEOMETRIC CONSTRAINTS HERE THAT ARE DRIVING THE INCREASES REQUIRED.
I MEAN, IF YOU WANNA GO BACK TO THE SIGN, UH, DESIGN AND WE'VE GOT SEVERAL SHOPPING CENTERS AROUND TOWN.
UM, BASICALLY THE ISSUE THAT WE'VE SEEN IN THE PAST, IF IT'S A 12 FOOT SIGN, THESE SIGN, UH, BANDS ARE PRETTY LOW.
RIGHT? 'CAUSE I STILL NEED TO HAVE SOME CLEARANCE ABOVE THE SIGN.
I CAN'T JUST PUT SOMEONE'S TENANT SIGN AT THE VERY TOP.
AND SO WHAT HAPPENS OFTEN, BECAUSE WE HAVE TO BE ON OUR PROPERTY LINE OR WITHIN OUR PROPERTY LINE, YOU'VE GOT CARS PARKING ON EITHER SIDE OF THAT SIGNAGE.
AND SO IT REALLY DEFEATS THE PURPOSE TO BUILD SOMETHING SHORT WHEN YOUR SHOPPING CENTER IS FULL WITH PARKING ALL DAY LONG AND IT'S BLOCKING THE SIGNAGE.
UM, SO REALLY WE'RE KIND OF JUST TILTING IT UP TO, TO GET A LITTLE BIT MORE HEIGHT.
SO NOT, NOT A BIG AS, IT'S NOT 25 FEET IN THE AIR.
IT'S, IT'S FIVE FEET MORE THAN THE, THE UDC CODE.
AND HOW DOES THE HEIGHT OF THE SIGN RELATE TO THE HEIGHT OF THE BUILDINGS ON THE PROPERTY? IT'S SHORTER.
THE HEIGHTS OF THE BUILDING ARE GOTTA BE AT LEAST 20 FEET.
'CAUSE A STOREFRONT TO WALK IN IS 10.
AND THEN I'VE GOT A CLEARANCE ABOVE A STOREFRONT ENTRANCE.
UM, AND SO I DON'T KNOW THE EXACT TYPE, BUT IT'S, IT'S DEFINITELY HIGHER.
BUT SO WE'RE NOT TALKING ABOUT A VISUAL IMPACT TO RESIDENTIAL AREAS ON THE OTHER SIDE OF THE PROPERTY? OH, ABSOLUTELY NOT.
AND, AND THERE IS NO RESIDENTIAL ON THE OTHER SIDE LOCATION RIGHT THERE.
YOU GOT ONE BIG TREE OUT THERE.
THERE'S, UH, THAT, THAT'S KIND OF THE PURPOSE FOR HAVING A LARGER SIGN
I THINK IT HELPED MORE IF WE HAD A FIGHT PLANNED.
ANY OTHER QUESTIONS FOR THE APPLICANT? I MEAN, I MEAN, WE LOOKING DOWN AT IT BUT WE WE'RE NOT LOOKING AT IT.
I MEAN WE'RE JUST LOOKING AT IT.
HE'S TALKING ABOUT PUTTING IT RIGHT HERE.
LOOK, THE COMPANY THAT'S DOING WOULD DO THE INSTALLATION OR DESIGN I'M SURE TAKES INTO ACCOUNT THE EXTRA WIND LOADING ON THAT MUCH EXTRA SURFACE.
THEY, THEY HAVE TO DESIGN THESE SIGNS PER, UH, CITY GUIDELINES.
SO THIS IS NOT ME DEVELOPER GOING TO HIRE SOME SUBS TO BUILD IT.
[00:45:01]
REPUTABLE SIGN COMPANY THAT GOES AND DOES THIS.AND SO IF YOU GO BACK, UH, TO THIS DESIGN DESIGN, UH, SO DO YOU SEE HOW IT GOES BELOW GRADE? THERE'S A METAL POLE THAT IT'S HOLDING ALL THE WIND LOAD THERE.
UM, THESE ARE STRUCTURALLY SOUND.
I MEAN THESE SIGNS CAN STAND FOR A VERY LONG TIME IF THEY'RE BUILT WELL AND THAT'S HOW WE'VE DESIGNED THIS.
THE METAL PANELING ON THIS IS THICKER, IT'S STRONGER.
DO YOU OWN THE SHOPPING CENTER? YES SIR.
I GUESS I'VE INSPECTED EVERY TENANT IN THAT SHOPPING CENTER AND KEEP IT UP PRETTY WELL.
WE TRY, UH, WE, WE UH, WE DEFINITELY LIKE WE.
SORRY, WHAT'S STAYING? THE ERIC GAINES.
UH, I MEAN LOOK, WE'RE THE GROUP SALON INVESTMENTS.
WE'VE GOT SHOPPING CENTERS AROUND TOWN.
I'M SURE YOU GUYS ARE FAMILIAR WITH THEM.
SO TAKE PRIDE OF OWNERSHIP, WANT TO KEEP, KEEP IT CLEAN.
UM, AND SO, UH, THIS IS A SITE WE'VE HAD FOR QUITE SOME TIME AND WITH ALL THE NEW DEVELOPMENT COMING JUST NORTH OF US, IT'S SOMETHING WE HOLD LONG TERM.
WE'RE NOT SELLERS OF ANY OF OUR PROPERTIES.
UM, SO WE'RE, WE'RE HERE FOR THE LONG RUN.
ANYTHING ELSE FROM OUR BOARD MEMBERS HERE? NO.
WE'LL CLOSE THE PUBLIC HEARING AT SIX 50 THEN AND
[6.F. Consideration and possible action concerning a request for a variance from the requirement stating a maximum area square footage of 150 and a maximum height of 12 feet for a monument sign in the Auto-Centric Commercial zoning district from Subsec. 18-25.2. Permanent Sign Standards, Table 18-25.2.-3 Freestanding Sign Standards of the Unified Development Code (UDC) – with such variance allowing a maximum square footage of XXX and maximum height of 17 feet. for approx. ± 2.00 acres, located at 614 W FM 517 and legally described as DICKINSON CROSSING (2006) ABST 19, LOT A, ACRES 2.001.]
MOVE ON TO ITEM SIX F.CONSIDERATION AND POSSIBLE ACTION CONCERNING A REQUEST FOR A VARIANCE FROM THE REQUIREMENTS STATING A MAXIMUM AREA SQUARE FOOTAGE OF 150 AND A MAXIMUM HEIGHT OF 12 FEET FOR A MONUMENT SIGN IN THE AUTOCENTRIC COMMERCIAL ZONING DISTRICT FROM SUBSECTION 18 DASH 25.2 PERMANENT SIGN STANDARDS TABLE 1820 5.23 FREESTANDING SIGN STANDARDS OF THE UNIFIED DEVELOPMENT CODE WITH SUCH VARIANCE ALLOWING A MAXIMUM SQUARE FOOTAGE OF, UH, DID WE MEAN FOR THAT TO SAY 162 FEET? OKAY.
AND A MAXIMUM HEIGHT OF 17 FEET FOR APPROXIMATELY PLUS OR MINUS TWO ACRES LOCATED AT SIX 14 WEST FM FIVE 17.
AND LEGALLY DESCRIBED AS DICKINSON CROSSING 2006 ABSTRACT 19.
WE GRANT THE VARIANCE AS PRESENTED.
ALL THOSE OPPOSED? ALRIGHT, THE MOTION CARRIES.
[7. FUTURE AGENDA ITEMS]
AGENDA ITEMS. ANY COMMENTS FROM THE BOARD OR TRAVIS, ANYTHING FOR US? NOTHING.WHEN ARE WE MEETING AGAIN? UH, SO WE REALLY MEET WHENEVER WE HAVE AN APPLICATION.
AT THIS TIME, I DO NOT HAVE ANY PENDING APPLICATIONS FOR VARIANCE.
UH, AS FAR AS APPROVAL OF THE MINUTES MM-HMM
IF WE DON'T MEET FOR SIX MONTHS, I WILL HAVE FORGOTTEN WHAT WAS SAID.
YOU WANT A COPY OF THE MINUTES AFTER WE GET 'EM DONE? IF IT COULD BE SENT OUT WHEN IN DRAFT FORM? YES, SIR.
I, I'LL GIVE A CITY SECRETARY AND WE CAN DO THAT.
I THINK WE NEED TO DISCUSS THIS.
WE'LL, APPROVAL SECRETARY? NO, THIS WOULD, NO, THIS IS WHEN WE VOTED ON THIS.
WE WERE, WE WERE BILL STANDARD NEED ADJOURNED.
THAT WAS BEFORE A DIFFERENT, THAT WAS BEFORE A DIFFERENT BOARD.