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MEMORANDUM
TO: Planning & Zoning Commission
FROM: Jane R. Kee, City Planner
RE: Zoning Ordinance Amendment
DATE: October 31, 1996
The attached amendment was prepared at the direction of City Council in response to a
discussion held at their October 10th workshop. This discussion centered on Council's
concerns. about the lack of development occurring along University Drive. The Council
discussed the overlay district and the CB district and their impacts on development along
the corridor. The following information was presented to Council during their discussion.
In the summer of 1991, a P&Z subcommittee, supported by staff, completed a
review of a 1985 land use study of University Drive. This review had been
directed by City Council after a rezoning for C-l, which was not in compliance
with the 1985 recommendations, had been denied.. Under Council direction,
emphasizing that University Drive is the last major thoroughfare in the City that is
still largely undeveloped and that staff should keep in mind its function as an
entryway into the City, a report was prepared and recommendations made to
Council. At that time Council issues of community appearance, streetscape and
economic development were high on the issue list.
The report presented to Council in the summer of 1991 did the following:
1. Confirmed land uses shown in the 1985 plan on the north side of University
Dr.(commercial, office and medium density residential);
2. Recommended creating. a new commercial district (C-B) and rezoning all C-1
properties along University Dr. to the new district;
3. Recommended creating an overlay zone to address the visual character of the
corridor and rezoning the frontage for a depth of 500 feet and
4. Recommended limiting driveway access to preserve the function of University
Drive.
Once the .report had been presented to Council, staff was directed to prepare the
new commercial district and the overlay, to begin city-initiated rezonings of all C-
~-
1 properties and to place the overlay along the frontage of University to a depth of
500 feet. All items were completed in the fall of 1991.
There has been very little development long University Drive in recent years.
Therefore, Council directed staff to place an item on a workshop agenda to discuss
the overlay and its impact on development along the comdor. Since the overlay
was created there have been. several ordinances approved by Council that address
streetscape and screening. These ordinances duplicated what was in the overlay.
The. only unique requirements in the overlay at present are the additional building
and parking setbacks and the limitation on building and sign colors.
The new commercial district (C-B) is an actual zoning district that lists permitted
and prohibited uses. All properties with this zoning designation. are prohibited
from developing a gas station or convenience store. One realtor has indicated that
this prohibition in the C-B district has caused problems for some properties that he
has. been marketing on University Dr. Another realtor has indicated that the
additional parking setback in the overlay district has been a problem. It is not
clear whether these two districts (the Overlay and C-B) have negatively impacted
the corridor and hampered development or whether the market conditions and land
prices are the overriding factors.
The C-B district and its prohibition against outside business activity is what
caused Lowe's to look elsewhere. The decision points for Council are whether the
values expressed in the report recommendations are still valid and whether to
continue with the restrictions of the overlay and C-B zones along this corridor or
whether to rezone properties and remove the overlay for a less restrictive situation,
hoping that this results in development along University Dr.
During the workshop the Council heard from 2 realtors and a property owner with
interests along University Drive. The feeling was that the overlay and the CB
district actually make the properties more marketable and were not detrimental to
development. The exception stated was the inability to have any outside business
activity in the CB district. Council asked staff to prepare an amendment that
would allow for some outside activity without. jeopardizing the intent of the plan
and the districts along the corridor.
This amendment. allows for limited outside business activity in C-B. This activity is
defined as display of merchandise for sale and not storage of merchandise or other
materials. This activity is only allowed adjacent to the building and not in the parking lot.
Workshop Item
Consent Item
Statutory Item
Item Submitted By: Jane R. Kee, City .Planner
For Council Meeting Of: October 1 Oth Workshop
Director Approval
City Manager Approval
Ends Statements / Strategic Issues: Civic Pride
Item: Discussion of Overlay and C-B Business Commercial zones on University Drive
Item Summary: In the summer of 1991, a P&Z subcommittee, supported by staff,
completed a review of a 1985 land use study of Univeristy Drive. This review had been
directed by City Council after a rezoning for C-1, which was not in compliance with the
1985 recommendations, .had been denied. Under Council direction, emphasizing that
University Drive is the last major thoroughfare in the City that is still largely
undeveloped and that staff should keep in mind its function as an entryway into the
City, a report was prepared and recommendations .made.: to Council. At that time
Councl issues of community appearance, streetscape and economic development were
high on the issue list.
The report presented to Council in the summer of 1991 did .the following:
Confirmed land uses shown in the 1985 plan on the north side of University
Dr.(commercial, office and medium density residentaig;
Recommended. creating a new commercial district. (C-B) and rezoning -all C-1
properties along. University Dr. to the new district;
Recommended creating an overlay. zone to address the visual character of the
corridor and rezoning the frontage for a depth of 500 feet and
Recommended limiting driveway access to preserve the function of University
Drive.
Once the report had been presented to Council, staff was directed to prepare the new
commercial district and the overlay, to begin city-initiated rezonings of all C-1 properties
and to place the overlay along the frontage of University #o a depth of 500 feet. All
items were completed in the fall of 1991.
o:~group~deve_ser~cvshtG96-803.doc
There has been very little development long University Drive in recent years. Therefore,
Council directed staff to place an item on a workshop agenda to discuss .the overlay
and its impact on development along the corridor. Since the overlay was created there
have been several ordinances approved by Council that address streetscape and
screening.. These ordinances duplicated what. was in the overlay. The. only unique
requirements in the overlay. at present are the additional building and parking setbacks
and the limitation on building and sign colors.
The new commercial district (C-B) is an actual zoning district that lists permitted and
prohibited uses. All properties with this zoning .designation. are prohibited from
developing a gas station or convenience store. One. realtor has indicated that this
prohibition in the C-B district has caused problems for some. properties. that he has
been. marketing on University Dr. Another realtor has indicated that the additional
.parking wetback in the overlay district"has been a problem. It is not clear whether these
two. districts (the Overlay and C-B) have negatively impacted the corridor and
hampered development or whether the market conditions and land prices are the
overriding factors.
The C-B district and its prohibition against outside business activity is what caused
Lowe's to look elsewhere. The decision points for. Council are whether the values
expressed in the report recommendations are still valid and-whether #o continue with
the restrictions of the overlay and C-B zones. along this corridor or whether to rezone
properties. and remove the overlay for a less restrictive situation, hoping that this results
in development along University Dr.
Financial Summary: NA
Staff Recommendation: NA
City Attorney Recommendation: NA
Council Action Desired: Give staff direction. if necessary.
Supporting Materials:
1. Location Map of University Drive Corridor
2. Copy of Overlay district requirements
3. Copy of C-B district requirements
4. Copy of C-1 district requirements
4. University Dr. Report copy
o:~group~deve_ser~CVSht~96-803.doc
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Workshop Item.
Consent_Item
Statutory Item
Item Submitted By:
For Council Meeting Of:
Director Approval:
Jane R. Kee, City Planner
November 20, 1996
City Manager Approval:
...............................................................................................................................................................................................................................
nds Statements /Strategic Issues: Civic Pride
Item: Public Hearing: and Consideration of an ordinance amending Section 7.22 C-B
Business Commercial district of Ordinance 1638 the Zoning ordinance for the City of
College Station allowing for limited outside business acitivity.
Item Summary: The attached amendment was prepared at the direction of City Council
in response to a discussion held at the October 1Dth workshop. This discussion
centered on Council's. concerns about the lack of development occurring along
University Drive. The Council discussed the overlay district and the CB district and their
impacts on development along the corridor.
During the workshop the Council heard from 2 realtors and a property owner
with interests along University Drive. The feeling was. that the overlay and the
CB district actually make the properties more marketable and were not
detrimental to development. The exception stated was the inability to have any
outside business activity in the CB district. Cotancil asked staff to prepare an
amendment that would allow forsome outside activity without jeopardizing the
intent of the plan and the districts along the corridor.
This amendment allows for limited outside business activity in C-B. This activity is
defined as display of merchandise for sale and not storage. of merchandise or other
materials. This activity is only allowed adjacent to the building and not in the parking
lot.
Financial Summary: NA
Staff Recommendation: P&Z voted 5-2 to recommend approval with the following
proposed addition shown in bold and the proposed deletion stricken:
o:lgroup\deve_serlcvsht\96-$22.doc
,~
Only limited outside business activity is allowed. Outside business activity is defined as
outside display of merchandise for sale -but does not include outside storage of
merchandise Outside business activity locations are permitted only in areas no farther
than 50 feet from the building _ where the primary business is
.located and are not allowed in areas out in the parking lot. Outside business activity is
not permitted vvithin 50 feet from any adjacent roadway.
City Attorney Recommendation: City Attorney reviewed ordinance amendment and
worked with staff on minor revisions.
Council Action Desired: Approve. ordinance amendment with P&Z recommendation.
Supporting Materials:
1. Ordinance amendment
2. Memo to P&Z
o:\g roup\deve_ser\cvsht\96-822. doc
'Excerpts from Zoning Ordinance
7.22 DISTRICT C-B BUSINESS COMI~~RCIAL
A. PURPOSE:. This district is intended as an alternative to general commercial districts in
areas where certain commercial uses may be appropriate but where more intensive uses
of the land may not be compatible. with the: surrounding c~iaracter.
Business. shall be conducted wholly within an enclosed building. No business activity
shall be visible to the street.
B. PERMITTED USES:
Administrative/professional offices.
Alcoholic beverage sales (retail).
Art studio or gallery.
Cleaner (no on-site cleaning).
Dance or music school.
Domestic household and office equipment rental.
Dormitory.
Financial institution.
Hotel/motel.
Personal service shop.
Radio or TV station or studio (no towers).
Restaurant.
Retail sales.
Theater or motion picture house.
Other uses may be considered by the Commission.
PROHIBITED USES:
Convenience Store.
Gasoline and service stations.
C. SITE PLAN/LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11.
D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed
in addition to any use allowed under Section 8..12:
Night Clubs.
E. AREA REQUIREMENTS: Refer to Table A at the end of this section.
F. PARKING REQUIREMENTS: Refer to Section 9.
G. SIGN REGULATIONS: Refer. to Section 12.
(As amended by Ordinance: No. 1904 dated September 12, 1991)
Zoning Ordinance Page 8 - 1
8.19 OV CORRIDOR OVERLAY DISTRICT
(as amended by Ordinance No. 2151, October 12, 1995)
A. In the event that an area is rezoned to apply the overlay district, this district shall apply
to all multi-family, commercial, and in ustrial property, and where applicable to single
family, duplex or townhouse development. The underlying district establishes the
permitted uses and shall remain in full force, and the requirements of the overlay district
are to be applied in .addition to the underlying use and site restrictions.
B. PURPOSE: This district is established to enhance the image ,of key entry points, major
corridors, and other areas of concern as determined by the City Council, by maintaining
a sense of openness and continuity.. ~n cases of conflict between this overlay district and
theunderlying zones, the_more restrictive regulation shall apply.
C. SETBACKS: All buildings will be set back 40 feet from the Right of Way (R.O.WJ.
Where parking is located m the front of the building, there shall be a front setback of Z0
.feet from the R.O.W. to the parking. area.
D. BUILDING AESTHETICS: Building colors shall be harmonious with the .existingg man-
e. made or natural environment, and only .compatible accent. colors shall be used. Alrcolors
shall be approved by the Project Review. Committee (P.R.C.).
Elevation drawings and color samples must be provided by the applicant.
E. SIGNS: Signs shall. include no more than three colors and .two lettering styles. At least
one of the colors must match the predominant colors of the building.
Freestanding signs shall be limited to the restrictions of Table I, but shall not exceed the
height of the building.
No flags, pennants, banners, or other wind-driven devices will be permitted except for a
30 day period during the opening of an establishment.
F. LANDSCAPING: Landscaping requirements shall meet the provisions of Section 11
Landscaping. To provide a sense of .continuity within the corridor, the following
provisions shall be met:
An additional three hundred (300) landscaping points shall be provided for every fifty
(50) feet of frontage along the corridor.
Landsca ingg shall be concentrated within the twenty (20) foot front setback area as
provide below:
(a) For every sixty (60) feet of frontagge, one .water oak shall be planted with equal
amounts of space between them. An additional two (2) crape myrtles shall be
planted for every sixt (60) .:feet of .frontage. The crape myrtles may be grouped as
desired within the 20 ~oot setback area.
To .promote tree survival and ensure caliper growth, these plants shall be staked as
necessaarryy; soil amendments shall be provided for each plant, and drainage shall be
enhanced. Standards shall be submitted as part of the landscape plan.
(b) Landscape points accrued in (a) will count toward the points required in Section 11.
The remaining landscape point requirements shall be reasonably dispersed
throughout the entire property.
Zoning Ordinance Page 8 - 2
G. ELECTRICAL UTILITIES:
(a) All future feeder lines along University Drive shall be installed underground.
(b) Overhead distribution lines may be .permitted along rear property lines, and no
farther up side property lines than is necessary to access the rear property hne of an
adjacent properly.
(c) All .customer service facilities (primary or secondary) within the Overlay District
shall be underground.
H. STORAGE: Outside storage or display shall be screened from the roadway.
I. SCREENING: If arking is in front of the buildingg, it must be screened b
an earth berm tha~measures three (3) feet in heigfit with a slope. and profile that is easily
maintainable OR
a planting. strip that is continuous and measures three (3) feet in height at the end of one
ggrowing <season. Vegetation. used for screening purposes shall not accrue points toward
the landscape requirements OR
a masonry wall that matches the architectural style and color of the development. OR
a combination of any of the three screening methods mentioned above.
Walls and planting strips shall be located. at,least two (2) feet from any parking area.
Screening must be maintained ..during the life of the development.
Where the street and the adjacent site are at different elevations, the P.R.C. may alter the
height of the screening to ensure' adequate screening.
J. Dumpsters shall not be visible from any R.O.W.
K. SPECIAL RESTRICTION FOR'GASOLINE SERVICE STATIONS: In cases where the
underlying zoning district permits gasoline services stations and a station is proposed, .the
following restrictions shall apply;
1. ACTIVITIES RESTRICTED:
no major emergency auto repair.
no body, fender, or paint work.
no sale or rental of vehicles.
all activities except those. associated with fuel pumping must be conducted within an
enclosed building.
service bays and car wash bays shall be oriented to face away from any R.O.W.
Where this is impossible, screening methods will be required.
2. SETBACKS.:.
Front' Side Rear Side Street
Main building 40' 25' 25' 25'
Fuel pumps 50' 25' 25' 25'
Canopies 40' l5' 15' 15'
Zoning Ordinance: Page 8 - 3
3. STORAGE AND DISPLAY:
- no outside `storage or display of merchandise.
- storage tanks must be located below grade.-
- no outside storage of vehicles.
- ice and vending machines must be enclosed in a building.
- no additional advertising within view of the R.O.W.
4. SIGNS
- sign height shall be restricted by the provisions of Table I, but shall not exceed
the height of the building..
- one detached sign and two attached. signs will be permitted.
- no freestanding. fuel .price signage shall be permitted.
- signs for air, water and other similar services or products must meet the criteria
for exempt signs.
(As amended by Ordinance No. 1926 dated November 20, 1991)
Zoning Ordinance Page 8 - 4
7.13 DISTRICT C-1 GENERAL COMMERCIAL
A. PURPOSE: This district is designed to provide a location for general commercial,
retail uses which serve the entire commuivty and its visitors.
B. PERMITTED USES: All in A-P and C-3, plus the following:
Alcoholic beverage sales -retail and wholesale.
Arena -coliseum.
Automobile sales and rental.
Automobile repair shop.
Bank.
Bookstore retail and wholesale.
Bowling. alley.
Restaurant.
Car wash.
Child care.
Cleaner, dry and pressing plant,. laundry and/or linen supply.
Cold storage.
Commercial amusements (excludingg ~s_exually oriented commercial enterprises)
(As amended by OrdinanceTlo. 2029 dated August 26, 1993)
Convalescent home.
Domestic household equipment rental, storage.
Dormitories.
Drive-in sales..
Drive-in eating establishment.
Filling station, retail.
Funeral homes.
Furniture, appliance store, sales, service.
tiara e, commercial.
Hardgware store.
Hospital, sanitarium, nursing home or convalescent home.
Hotel.
Marine and fishing equipment sales.
Mobile home sales, storage.
or lot for operating vehicles.
or studios, (no towers).
Theaters ancCmotion picture houses.
Warehouses for uses permitted in this. district.
Other uses will be considered by the Commission.
C. SITE: PLAN/LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11.
D. CONDITIONAL USES PERMITTED: The following conditional uses shall. be
allowed in addition to any use allowed under .Section 8.12:
Fraternity or sorority houses and meeting places which conform to all other
requirements of the R-5 District, and are found to be compatible with the general
character of the particular area within which they are pro osed to be located,
which do not jeopardize the health, safety or welfare ofpthe public by their
presence in the proposed location, which are consistent with the spirit, intent, and
objectives of this ordinance,. and which do not negatively damage, affect, or
curtail. the uses of adjacent or nearby property.
Apartment hotels.
Group housing.
(As amended by Ordinance No. 1854 dated July 26, 1990)
Large recycling collection facilities.
(As amended by Ordinance No. 1905 dated September 12, 1991)
Night clubs.
Sexually oriented commercial enterprises
(As amended by Ordinance No. 2029 dated August 26, 1993)
E. AREA REQUIREMENTS: Refer to Table A at the end of this section.
F. PARKING REQUIREMENTS: Refer to Section 9.
G. SIGN REGULATIONS: Refer to Section 12.
Sheet1
YEAR MF COMM
1978 142 130
1979 256 130 BUILDING PERMIT ACTIIVITY
1980 756 121
1981 1463 284
1982 1680 398
1983 328 314 2000
1984 835 263 ~soo ~~- ~ ~ ~ ~ _
1985
146
96
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1.986 28 35 _
a aoa ~ f I i ~ ~ a MF
1987 23 29 500 ~ ~ ~ - ~ ~- ®coMM
1988 0 0
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1989 0 15 ~ o
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ao MF
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1990 0 28 ~ ~' ~' ~ ~ ° ~ ~ ~ ,
1991 0 33
1992 0 11
1'993 32 19
1994 688 11
1995 414 24
Page 1
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