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Item Submitted By:
For Council Meeting O£
Director Approval:.
Executive Member Approval:
Sabine Kuenzel
Ends Statements /Strategic. Issues: Community .Appearance and Strategy
Civic Pride -Citizens benefit from well-planned, attractive commercial developments.
Item:.Public hearing and consideration of an amendment to the Zoning Ordinance to
clarify the interrelationship between the Overlay District and any underlying district,
(95-809)
Item Summary: It has come to StafFs attention that the Overlay District is written such
that it could in certain cases replace the underlying district constraints. The result could
be :that a lesser requirement.. is imposed rather than the more restrictive when there is
conflict between the Overlay.District and the underlying district. The .intent of the
Overlay District was to assure that attractive developments are constructed and
maintained wherever the District is applied.
Financial Summary: N/A
Staff Recommendation::. Staff recommends approval. The :Planning and Zoning
Commission recommended approval by a unanimous vote:
City Attorney Recommendation: The City Attorney's office prepared the draft
amendment: All recommendations have been incorporated into the draft.
r
Council Action Desired: Approval of the draft amendment
Supporting Materials:
1. Staff memorandum to the Planning and Zoning Commission
2. Draft amendment
3. Minutes of the Planning and Zoning Commission meeting
~•, CITY OF COLLEGE STATIOI~I
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MEMORANDUM
TO: ~ ~~~. ~ Gc~ ~ p
FROM:
RE:
`/ LEGAL DEPARTMENT
POST OFFICE BOX 9960 1701 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960
(408761.3507
DATE: 9~
Your request has been received by the Legal Department. We have..numerous
requests pending at this time. In order to aECOmplish all the work we have, it will be
necessary for us to prioritize departmental requests. As of this time, the status of your
request is as follows:
Your request has. not been assigned to an attorney,. but will be assigned as soon
as possible.
our request. has been assigned to
If the attorney needs more information, you will a contact
If you feel that the Legal Department needs more information to prioritize your request,
please: make sure that information is noted on the request or provide further written
support..
We will provide you with. thelegal. support you requested as soon as possible. Please
understand that there are numerous competing. needs.
CL ~ ~
cc: 1 ,~
Cathy Locke, City. Attorney
i'
js/c/forms/a.rsr.rt
09/22/95
I
SUPPORTING DOCUMENTATION:
1. Memo to the Planning and Zoning Commission
2. Applicable ordinance section (Section 8.19 OV Corridor Overlay District of the Zoning
Ordinance)
EXPLANATION OF LAW:
RANGE OF OPTIONS:
ATTORNEY:
DATE:
j.r/c/forms/assist
09/22/95
MEMOP;ANDUM
TO: Planning and Zoning Commission
FROM: Sabine Kuenzel, Senior Planner. ~~
DATE: September 14, 1995
RE: Ordinance amendment to clarify the application of the Overlay
District
Recent discussions relating to a proposed development to be located within the Overlay
District have. uncovered. the need for .clarification. of the restrictions so hat they are
truly in line with the intent of the district as it was created.
In 1991, in response to Council's desire to protect .the area of University Drive west of
the Bypass and to create-an "entrance" quality, City Staff prepared a study and made
recommendations. As a result of formal .adoption of the recommendations, a C-B
district was developed 'that lists uses that tend to .lend themselved to attractive sites
(hotels, restaurants, etc.) and. much of the area was rezoned to this district. However,
it was also realized that restricting the actual land. uses in the area would not be enough
to create an attractive entrance into the City. An "overlay .district" that would not
change the underlying district regulations but rather add to them by addressing
primarily aesthetic controls was also created and applied to all of the property with
frontage on this portion of University Drive.
The intent of the Overlay District restrictions was to first meet all of the underlying
district regulations, and then to ensure compliance with the additional requirements of
the Overlay District. In most cases, the Overlay is .more restrictive. Therefore,
language was added to state that "in cases of conflict between this overlay district and
the underlying zones, the overlay district takes precedence". ..The wording of this
sentence has prompted some readers to suggest that where the Overlay District is less
restrictive, the less. restrictive regulation should apply:. This assertion is not in
compliance with the intent of the ordinance. Therefore, Staff is recommending that in
order to avoid future missinterpretions, that the Overlay District be amended as
follows:
8.19 A. Once formally applied to an area as defined,in a rezoning ordinance, this
district shall apply to all multi-.family, .commercial, and industrial property, and where
applicable,. to single... family,. 'duplex, or townhouse development.. The underlying
district establishes the permitted uses and. sha^ remain in .full force, and the
requirements of he overlay district .are. to be applied in addition to the underlying
use and site restrictions.
8.19. B. PURPOSE: .This district is established. to enhance the imagery of key entry
points, major .corridors, and other areas of concerna as determined by Council by
maintaining. a sense of openness and continuity. In cases of conflict between this
overlay district -and the underlying zones, the
more restrictive regulation shall apply.
8.19 K. SPECIAL RESTRICTIONS. FOR GASOLINE SERVICE STATIONS: In
cases where the underlying zoning district permits service stations and one is
proposed,: the fopowing restrictions shall apply:
:::::::::::::.:::.;: ;:.;;:.;:.;:.;:.;:.;::.:::::.~::::::::::.::::::.:.~:::::.:.::::: ~ ~,nd~.::.: Q.:::::::::::::::::.:;:.;:.;:~;::.:::::::::,::.:::::::::::.::::::::.::.:::::.::::.................................:
Regular Item
Consent Item
Statutory Item
.Item Submitted. By:
For Council Meeting Of:
Director Approval:
Executive Member Approval:
Sabine Kuenzel
October 12, 1995
Ends Statements /Strategic Issues: Community Appearance and Strategy
Civic Pride -Citizens benefit from well-planned, attractive commercial. developments.
Item: Public hearing. and consideration of an amendment to the Zoning Ordinance to
clarify the interrelationship between the Overlay District and any underlying district.
(95-809)
Item Summary: It has come to Staffs attention that the Overlay District is written such
that it could in certain cases replace the underlying district constraints.. The result could
be that a lesser requirement is imposed rather than the more restrictive when there is
conflict between the Overlay District and the.. underlying district. The intent of the
Overlay District was to assure that attractive developments are constructed and
maintained wherever the District is applied.
Financial Summary:. N/A
Staff Recommendation: Staff recommends approval. The Planning and Zoning
Commission recommended approval by a unanimous vote.
City Attorney Recommendation: The City Attorney's office prepared the draft
amendment. All recommendations have been incorporated into the draft.
Council Action Desired: Approval of the draft amendment
Supporting Materials:
1. Staff memorandum to the Planning and Zoning Commission
2. Draft amendment
Minutes of the Planning and Zoning Commission meeting