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Home My WebLink AboutOrdiance ORDINANCE NO. 2011-3339 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars($25.00)nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council,as provided by Section 35 of the Charter of the City of College Station. PASSED,ADOPTED and APPROVED this 28th day of April,2011 APPROVED: ATTEST: bf-I - ity Secret APPROVED: c� � /7 64444571 City Attorney ORDINANCE NO. 2011-3339 Page 3 EXHIBIT"B" The Concept Plan provides for general commercial development on the subject property. Purpose&Intent Statement The applicant has stated the following purpose of the PDD zoning"to enhance the possibility of bringing a valuable retail and commercial development to the City of College Station,Texas." Land Use The PDD proposal includes all land uses permitted in the C-1 General Commercial zoning district. Access Driveway locations are limited to those shown on the Concept Plan. The driveway shown to the State Highway 6 South Frontage Road is subject to TxDOT review and approval. Building Height The applicant has proposed building heights in the range of 15 to 40 feet. Base Zoning and Meritorious Modifications C-1 General Commercial is the base,underlying zoning district for standards not identified in the PDD. At the time of site plan and plat,the project will need to meet all applicable site,architectural and platting standards required by the Unified Development Ordinance except where meritorious modifications were granted with the PDD zoning or the attached"Rider". The following meritorious modifications were granted: 1. Section 7.2.I"Number of Off-Street Parking Spaces Required"of the Unified Development Ordinance Off-street parking requirement of 1 parking space per 250 square feet of space for multi-tenant structures with no limitation on intense uses,and no additional parking required for intense uses. Restaurant parking is 1 parking space per 100 square feet of area,regardless of whether the use has a drive-thru. 2. Section 7.9.D.2"Parking Screening"of the Unified Development Ordinance Berms are not be required for parking screening. Vegetation will be used for screening. 3. Section 3.5.E.2 "Site Plan Review Criteria"of the Unified Development Ordinance—related to the provision of sidewalks A sidewalk is not required along State Highway 6 Frontage Road. 4. Section 7.3.C3"Spacing of Driveway Access"and 7.3.C.4"Freeway Frontage Road Access and Location Requirements"of the Unified Development Ordinance The driveways are as depicted on the attached concept plan- two driveways to Scott&White drive and one to Rock Prairie Road. Additionally,the applicant has proposed a driveway from the State Highway 6 Frontage Road,subject only to compliance with TxDOT requirements. 5. Section 7.4"Signs"of the Unified Development Ordinance ORDINANCE NO. 2011-3339 — Page 5 ROCK PRAT IE tri., ._— — -, ,1 mII I \ \ 1 , t --I .. -Ino D n.> v I . '.1 I mPN A C) m iT -< , r— > D = \ o \ rn n 1 0 tJ) 1 � , 3 i ' , \ ;` , i , (.. A , L__. gl .' poi it I a. ,Es -f I�� r� > a _ 4' j 'Q f_� `kiv‘ig 075 ___ --�"- Iliag Avil r' \ 3Nao 311_— ,rg sit! k r i - -icy 4. '' fig" wi.gsl$-i yg 4 Y ;4f4 l D iil Vi s V7 ; Ill 01 i983 n 4111H I n m !. Iv 1" : 0 2 1"11 ilII ,> Y0 t z n 3 Q l , al' A w1Opyt g I ! S a 2 i , �_ d i. ! N�4" 6# 9X : .y1; ZN m ! 5 a a" s 11 ." r F 1 :0 i^ yll'e r a D ° R 13 - —� y Y D s /MID �. i 'A I 8 E A — I EXHIBIT"C" ORDINANCE NO. 2011-3339 Page 7 EXHIBIT"E" RIDER TO APPLICATION 1. The Rezoning Application Fee and the Traffic Impact Analysis have been waived by the City of College Station. In addition, the City of College Station has waived all development fees (including,without limitation,impact fees)associated with the development up to $30,000. 2. Approximately 8.026 acres of the Property are leased by WRI from Rock Prairie Development,Ltd.pursuant to a long term ground lease; and approximately the .9877 acres(the remainder)of the Property are owned in fee by WRI. WRI, as both ground lessee and owner is the Owner/Applicant for purposes of this Application. Furthermore, a consent letter is attached to the application signed by David Scarmardo, President of Rock Prairie Realty Group, LLC which is the general partner of Rock Prairie Development, Ltd. 3. Deed Information: WRI Leased (Scarmardo) Tract — The property was conveyed to owner by deed recorded in Volume 4121,Page 70 of the Brazos County Official Records. WRI Fee Tract- Deed dated February 14, 2007, recorded in Volume 7819, Page 266 of the Brazos County Official Records. 4. Proposed Use of Property: Uses may include,without limitation: gas station/convenience store;restaurants with drive through; branch bank with drive through;retail strip center and/or all other permitted uses in C-1 zoning. 5. Meritorious Modifications Mutually Agreed Upon by the City of College Station and Weingarten Realty. A. Approval of the PDD and subsequent development of the Remainder Tract shall not require any off-site improvements save and except the off-site construction of reasonably required deceleration, acceleration and turn lanes at the ingress/egress points to/from the Remainder Tract. B. Subdivision and development of the Remainder Tract shall only require (i) a 25- foot wide building setback and landscaped buffer with a sidewalk without any screening wall or berm along the Remainder Tract's property line with Rock Prairie Road, and (ii) a 25-foot wide building setback and landscaped buffer without any sidewalk, screening wall or berm along the Remainder Tract's property line with SH-6. Such buffers shall be in lieu of any building setbacks and green space requirements which CCS would otherwise require, and utility ORDINANCE NO. 2011-3339 Page 9 H. The subdivision of the Remainder Tract and its development shall be exempt from the requirements of the UDO, related to maximum block length together with any requirement that a Public Way be provided subject to the provision of internal cross access among the lots/pads on the Remainder Tract.