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Agenda Item #
gular Item
nsent Item
orkshop Item
Submitted By:
essica Jimmerson, Staff Planner
]council meeting Date: December 14t", 2000 1
Director Approval:
ity Manager Approval:
Item: Public hearing, discussion, and possible action on a request to rezone
approximately 1.7 acres located at 4004 Harvey Road; approximately 300'
west of the intersection of Harvey Road and Pamela Lane; from A-0
Agricultural Open to PDD-B Planned Development District - Business. (00-
217)
Item Summary: Item Summary: The applicant's primary interest in this
particular rezoning case is to secure the former Jose's tract for future use as
a restaurant. The subject property consists of a 1.7 acre tract that is the site
of the former Jose's restaurant, which burned down several years ago. The
site is adjacent to A-0 zoning to the east, to the south, and to the west.
Property to the east is a vacant 5-acre tract; property to the south is an A-0
zoned portion of the relatively large residential lot that fronts on Vista Lane
and lies partly within the City Limits and partly within the ETJ.
The Commission and Council considered a C-B request for the subject
property at the end of last year. At that time, the adjacent properties to the
east and west were included to avoid having the request appear to be a
potential "spot zone", where one lot is singled out for preferential treatment
that would not further a land use plan. The fact that the City's plan for the
area still reflected it as a "holding" zone was an issue at the time, and
Council remanded the case to the Commission with direction to Staff to
begin a study of the area. Since that time, the 30/60 study has been drafted
and presented to the Commission. The study indicates that limited
commercial is justified in this block.
The Commission and Council considered a second C-B request for the
subject property earlier this year and chose to use the draft of the 30/60
study as a guide in evaluating the rezoning proposal. Having done that they
both denied the request without prejudice to allow the applicant to return
with a PDD-B request as required in the study. Council directed staff to
expedite the processing of a PDD-B request for this property, and to bring it
to the next possible Council meeting after being heard by the Commission.
At the public hearings for the two previous zoning requests for this property
several concerns were raised. Among the concerns were drainage, lighting,
noise, adequate parking and odors, but most strongly objected to was the
possibility in the future of uses other than a restaurant on this site. In
preparing the PDD-B zoning request, the applicant did hold a neighborhood
meeting with surrounding property owners. Several of the same concerns
were again raised. However, staff feels that the 40-foot buffer should
mitigate most of the negative impacts associated with noise, lighting and
odors. The parking standard for a restaurant without a drive-thru is 1 space
for every 65 square feet of restaurant, for a restaurant with a drive-thru it is
1 space for every 100 square feet of restaurant. The applicant is proposing
to meet the 1:100 requirement, because that is what is existing at the site.
Comprehensive Plan Considerations: The most important reason to
rezone a piece of property is to bring it in line with a City's adopted vision
for the future of an area, which generally takes the form of a land use plan.
In June of this year, Staff presented a preliminary report of the 30/60 Area
Planning Study to the Commission. The preliminary report recommended
that the Land Use Plan be amended to reflect a "mixed use" category in this
area. The layout of the entire block does lend itself to individual commercial
sites. However, in order to avoid the negative impacts of "strip" commercial
development, as well as, to ensure that future commercial uses minimize
their impact on the existing single family neighborhood to the south, the
report further recommended that future rezonings should be approved only
through the PDD process in the mixed use areas. While the plan amendment
for the 30/60 study area was delayed to incorporate the recent changes
related to the pending development of the north side of Highway 30, these
changes will not impact the report recommendation that the block between
Pamela and Linda Lane be "mixed use".
Item Background: The subject property was annexed into the City Limits
in 1980. The area has, until recently, been considered one that was not
receiving the same level of development pressures as other, faster growing
areas of the City. However, in the past two years, the area has seen
increased development interest. The City recently approved additional C-2
zoning to essentially double an existing C-2 development on 158. Last year,
C-B zoning was approved for the northwest corner of Highway 158 and 30.
Two of the churches have expanded their facilities and their parking lots,
and a rural style convenience store has recently been approved to convert to
a barbecue restaurant. Commercial and residential development in Bryan is
moving toward this area, and Highway 158 is scheduled for a TXDOT
widening project. Recently, the area was chosen for the future Veterans
Park, as well as a public/private venture for the development of an office
complex and a performing arts center.
Staff Recommendation: Staff recommends approval with the following
conditions. First that the partially paved parking spaces, 47-55, be surfaced
to match the existing spaces and have wheel stops placed at the edge of the
pavement. Second, that if in the event that the parking along HWY30 is
removed with the widening of the road, that the applicant be allowed to
replace that parking elsewhere on the site, but not within the 40 ft. buffer.
And thirdly, staff did not receive the revised concept plan in time to review
the proposed landscaping and therefore recommends that the site, excluding
the 40-foot buffer area, be required to meet our standard landscaping and
streetscaping requirements. It is intended that the buffer remains in a
natural state, and that area should not count against the applicant in the
calculations for landscaping and streetscaping.
Related Board Recommendations/Actions: The Planning and Zoning
Commission will hear this case on December 7t", 2000. A draft of the
meeting minutes will be forwarded to the Council as soon as possible.
Council Action Options:
1. Approval of rezoning as submitted.
2. Approval with physical conditions that will mitigate negative impacts.
3. Denial.
4. Denial without prejudice (waives 180-day waiting period).
5. Table indefinitely.
6. Defer action to a specified date.
Supporting Materials:
1. Infrastructure and Facilities
2. Copy of Concept Plan and District Modifications
3. P&Z Minutes - 11/4/99
4. Council Minutes - 12/9/99
5. P&Z Minutes - 9/21/00
6. Draft Council Minutes - 11/9/00
Attachment A
Koppe Bridge
Summary of Proposed Subdivision Regulations
and Zoning District Requirements
l
Zoning District C-B, Commercial Business, restrictions and regulations will apply for any ~L\\~
regulations not expressly modified by the following Planned Development District
guidelines.
Permitted Uses:
Building Height:
Setbacks:
Buffer Area:
Parking:
Access:
Building Elevations:
Square Footage:
Noise:
Light:
The building height will be a maximum 35 feet.
Q,~ Ul 5~ ~ ~ ~2.g
Attachment A
Koppe Bridge
Summary of Proposed
Zoning District Requirements
Zoning District C-B, Commercial Business, restrictions and regulations will apply for any
regulations not expressly modified by the following Planned Development District guidelines.
Permitted Uses: Restaurant.
Building Height: The building height will be a maximum of 35 feet
Setbacks: The setbacks shall be no less than those set forth by City of College
Station ordinances.
Buffer Area: A natural vegetation buffer of 40 feet wide shall be maintained in its
present condition on the south side of the property, (see Concept Plan)
between the building and the residential neighborhood to the south
(subject only to the provisions for parking set forth below).
Parking: The parking shall be as set forth on the Concept Plan. The Concept Plan
also sets forth an area for possible future development of parking spaces.
Owner would also be entitled to construct parking in the buffer area, but
only if and at such time as Highway 30 is widened, which widening
deletes parking on the north side of the property as set out on the Concept
Plan.
Access: Access shall be from State Highway 30 with two planned entrances.
Building Elevations: See Concept Plan.
Square Footage: See Concept Plan
Noise: The sound level shall be maintained at such level as not to exceed the City
of College Station ordinances pertaining to noise/sound. A separate
volume control will be installed for control of exterior speakers.
Light: Lighting in the parking lots and on the sides of the proposed building will
be constructed and situated in a manner so that it is not directed toward the
residential neighborhood to the south. Exterior lighting in the rear will be
limited to residential type security lighting and landscape lighting.
Attachment A
Koppe Bridge
Summary of Proposed
Zoning District Requirements
Zoning District C-B, Commercial Business, restrictions and regulations will apply for any
regulations not expressly modified by the following Planned Development District guidelines.
Permitted Uses: Restaurant.
Building Height: The building height will be a maximum of 35 feet
Setbacks: The setbacks shall be no less than those set forth by City of College
Station ordinances.
Buffer Area: A natural vegetation buffer of 40 feet wide shall be maintained in its
present condition on the south side of the property, (see Concept Plan)
between the building and the residential neighborhood to the south.
Parking: The parking shall be as set forth on the Concept Plan. The Concept Plan
also sets forth an area for possible future development of parking spaces.
Access: Access shall be from State Highway 30 with two planned entrances.
Building Elevations: See Concept Plan.
Square Footage: See Concept Plan
Noise: The sound level shall be maintained at such level as not to exceed the City
of College Station ordinances pertaining to noise/sound. A separate
volume control will be installed for control of exterior speakers.
Light: Lighting in the parking lots and on the sides of the proposed building will
be constructed and situated in a manner so that it is not directed toward the
residential neighborhood to the south. Exterior lighting in the rear will be
limited to residential type security lighting and landscape lighting.
GD _-Z 11
SECTION 2: NOISE
A. DEFINITIONS
(1) dBA - means the abbreviation of the sound level in decibels determined by the A-
weighting network of a sound-level meter or by calculation from octave band or one-third
(1/3) octave band.
(2) Decibel (dB) - means a unit of measure on a logarithmic scale, or the ratio of a particular
sound pressure squared to a standard reference pressure squared. For the purpose of
this ordinance, twenty (20) micropascals shall be the standard reference pressure.
(3) Motor vehicle - means any and all self-propelled vehicles as defined by the Texas Traffic
Code, including all motor vehicles subject to identification under such code and all motor
vehicles exempted under such code.
(4) Noise - means the intensity, frequency, duration and character of sound, including sound
and vibration of subaudible frequencies.
(5) Noise level - means the maximum continuous sound level or repetitive peak level
produced by a source or group of sources.
(6) Sound amplifier - means any radio receiving set, microphone, musical instrument,
phonograph, speaker(s) or other machine or device for the producing or reproducing of
sound.
(7) Sound level - means in decibels the weighted sound- pressure level measured by the
use of a sound-level meter satisfying the requirements of ANSI SIA, 1971, Speci-
fications for Sound-Level Meters.
(8) Sound-Pressure level - means in decibels twenty (20) times the logarithm to the base of
ten (10) of the ratio of a sound pressure to the reference sound pressure of twenty (20)
micropascals.
B. PROHIBITED GENERALLY
(1) It shall be unlawful for any person to willfully make or cause or allow to be made or allow
to be continued any "loud noise" which term shall mean any sound that because of its
volume level, duration or character annoys, disturbs, injures or endangers the comfort,
the City. Quieter standards
7:00 a.m.
The term shall be limited to loud noise heard:
p.m.
(a) in any occupied residential unit which is not the source of the noise or upon the
yard, or;
(b) in the driveway of such residential unit;
(c) in a school or public building or upon the ground thereof while in use, upon any
parking lot open to members of the public as invitees or licensees, and in any
event from a location not less than less than fifty feet (50) from the source of the
noise measured in a straight line from the source.
(2) No person in possession and present in any premises shall make or cause or allow to be
made or allow to be continued any loud noise, including the loud noise that results from
a gathering of people, which term shall mean any sound that because of its volume
level, character or duration, annoys, disturbs, injures or endangers the comfort, health,
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Rev. 2198
peace or safety of reasonable persons of ordinary sensibilities within the limits of the
City. Quieter standards shall prevail during the night-time hours of 10:00 p.m. to 7:00
a.m.
The term shall be limited to loud noise heard:
(a) in any occupied residential unit which is not the source of the noise or upon the
yard, or,
(b) in the driveway of such residential unit;
(c) in a school or public building or upon the ground thereof while in use, upon any
parking lot open to members of the public as invitees or licensees, and in any
event from a location not less than less than fifty feet (50) from the source of the
noise measured in a straight line from the source.
(3) No person shall make any loud noise or operate a sound amplifier so as to be clearly
audible to any occupant of a neighboring property at any point on the boundary line
separating the two (2) properties at a -level higher than sixty-f a 65 dBA during the day
(from 7:00 a.m. to 10:00 p.m.) or fifty-five (55 dBA durinc.the-night (fro m:- 0:00 p.m. to
7:00 a.m.). If the properties are not contiguo' u§-, Ten the sound shall be measured from
the source in a straight line.
C. NUISANCES
The following acts are.declared to be public nuisances:
(1) The using, operating or permitting to be played, used, or operated by - any radio,
amplifier, musical instrument, tape player, compact disc, compact tape or phonograph or
other device for the producing or reproducing of sound in such manner as to cause loud
noise. This definition of nuisance shall also include noise generated from a motor
vehicle which is either standing or moving.
(2) Yelling, shouting, whistling or singing or any prolonged sounds made by people at any
time or place so as to create a loud noise between the hours of 10 p.m. and 7:00 a.m. of
any day.
D. EXEMPTIONS
The term loud noise does not include noise or sound generated by the following:
(1) Cries for emergency assistance and warning calls.
. (2) Radios, sirens, homs and bells on police, fire and other emergency: response vehicles.
(3) School athletic events in school facilities, provided that-such activities have been autho-
rized by the owner or agent of such facilities.
(4) Fire alarms and burglar alarms prior to the giving of notice and a reasonable opportunity
for the owner or tenant in possession of the premises served by any such alarm to turn
off the alarm.
(5) Necessary construction or property maintenance, including the use of lawnmowers,
during the hours of 7:00 a.m. to 10:00 p.m.
E. PARKS BOARD TO SET AMPHITHEATER NOISE LEVEL STANDARDS
(1) The College Station Parks and Recreation Board after a public hearing may, from time
to time, set the level of noise that may be generated or produced at the College Station
Amphitheater. Such standards shall be provided to users of the amphitheater and shall
7-4
Rev. 2/98
be strictly adhered to by said users. Failure to adhere to the standards shall be a
criminal offense under this chapter.
(2) The College Station Parks and Recreation Board may after a public hearing at which the
alleged violating user may present evidence ban said user who has violated the stan-
dards from future use of the amphitheater. The standard of review of the decision of the
College Station Parks and Recreation Board shall be the substantial evidence rule.
F. ENFORCEMENT
Any person aggrieved by loud noise or the operation of amplification device or similar equipment
that produces loud noise in violation of this ordinance may complain to the College Station
Police Department who shall enforce this ordinance. The police are also hereby authorized to
enforce said sections without any such complaint. Nor shall the police be required to verify the
decibel level by use of a sound level meter.
G. SEVERABILITY
It is the intent of the City Council that this Ordinance be construed to secure for the people
freedom from unwanted loud noise as described herein without violating any of the rights
secured by the Constitution to the people. In the event that any provision contained herein
should ever be determined to be invalid for any reason, it is the intent of the City Council that the
remaining provisions continue in effect to the extent that they can be enforced notwithstanding
such determination and therefore the provisions of this ordinance are declared severable.
H. PENALTY PROVISION
(1) The City is hereby authorized to seek court action to abate any noise nuisance in lieu of
or in addition to any other enforcement remedies that may be available.
(2) The general penalty provision of Chapter 1 of the College Station Code of Ordinances
shall apply to violations of this ordinance.
(Ordinance No. 1996 of February 11, 1993)
SECTION 3: PUBLIC NUISANCES
A. DEFINITIONS
(1) A public nuisance is a thing, act, occupation, or use of the property which shall annoy,
injure, or endanger the safety, health, comfort, or repose of any considerable number of
persons; shall offend the public decency; or shall in any way render any considerable
number of persons insecure in life or in use of property.
(2) The term person shall mean and include any natural person, association of persons,
partnership, corporation, agent or officer, and shall also include all warehousemen,
common and private carriers, bailees, trustees, receivers, executors, administrators.
B. NUISANCE SPECIFICALLY DEFINED
The following specific acts, places, conditions, and things are hereby declared to be nuisances
within the corporate limits of the City or outside the limits of the City for a distance of five thou-
sand feet (5,000):
(1) Accumulations of manure or rubbish which are breeding places for flies, mosquitoes, or
vermin.
(2) All loud or unusual noises and annoying vibrations which offend the peace and quiet of
persons of ordinary sensibilities.
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Rev. 10/98
(3) All hanging signs, awnings, and other similar structures over the streets or sidewalks so
situated or constructed as to endanger public safety.
(4) Filthy, littered, or trash-covered cellars, house yards, factory yards, vacant areas in rear
of stores, vacant lots, houses, buildings, or premises containing trash, litter, rags, accu-
mulation of empty barrels, boxes, crates, packing cases, lumber or firewood not neatly
piled, scrap iron, tin, and other metal not neatly piled, or anything whatsoever in which
flies or rats may breed or multiply or which may be a fire danger.
(5) Any unsightly building, pre-empted, or other structure, or any old, abandoned, or partially
destroyed building or structure, or any building or structure commenced and left
unfinished, or any abandoned well or excavation not properly protected and which may
attract children and endanger them in the course of play.
(6) All places used or maintained as junk yards, or dumping grounds, or for the wrecking or
disassembling of automobiles, trucks, or machinery of any kind, or for the storing or
leaving of any machinery or equipment used by contractors or builders or by other per-
sons, which said places are kept or maintained so as to essentially interfere with the
comfortable enjoyment of life or property by others.
(7) The keeping of any lot or piece of ground on which there is located a pool or pond of
unwholesome, impure, stagnated or offensive water.
(8) Fireworks
(a) The possession, storage, use, manufacture, assembling, selling, handling, trans-
porting, receiving, offering for sale, or having in one's possession with the intent
to offer for sale, use, discharge, ignite, detonate, fire or otherwise set into action,
any fireworks as that term is defined by Section 202 of the Fire Prevention
Code.
(b) Exemptions. This section shall not apply to:
(i) the possession or use of signaling devices used by railroads, or
others requiring the same, nor to, signal flares or rockets for
military or police use;
(ii) the supervised public displays of fireworks provided that a
permit for such fireworks display has been obtained from the
State Fire Marshall or his designated representative; and
(iii) the transportation of Class C Common Fireworks, as defined in
Article 5.43, Vernon's Annotated Texas Insurance Code, by
motor vehicles which meet the Department of Transportation
requirements for transporting Class C Common Fireworks. It
shall further be lawful for bona fide fireworks dealers to transport
Class C Common Fireworks.
(Ordinance No. 1988 of November 12, 1992)
(9) Open storage of commodities and materials for sale, lease, inventory or private
use shall not be permitted in residential areas. Such materials shall not be
located between the front of the structure and the street. Such materials shall be
screened by a solid fence and shall not be visible from a public right-of-way.
Commodities are defined as, but not limited to: appliances, automotive parts,
building materials, firewood, furniture (excluding patio and lawn furniture), and
landscape materials. Firewood stored in rear or side yards, and A-O, A-OR, and
A-OX zoning districts are exempt from the screening requirements
(Ordinance No. 2302 of February 12, 1998)
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Rev. 10/98
f REDEVELOP MENT MEETING
the purpose of a predevelopment meeting is to meet the City Staff that will be involved
with your development and identify general issues that need further analysis. Along with
the discussion of these major issues, staff will talk about the development process,
distribute necessary information and discuss what permits will be required for your
particular development. This meeting is in no way a complete review of your project.
Staff will perform a formal thorough review once the minimum requirements are
submitted for your particular development.
General Information:
Date of Meeting: Jlvldr to
Applicant(s):
(Z, tee W /~iq~sorrr 775• /77g
Do lP A
City Staff present:
S' f1A Z le T llenac 4 .
~ ~s~ .T /pec vas
y
Proposal: J
Miscellaneous:
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~jA~l at~~
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Dnment 155L1e5:
Land Use:
Zoning:
Special zoning district information:
Subdivision/Platting Issues:
T-Fare Plan/Street Issues:
Driveway Access:
Parkland/6reenway5 Dedication:
Parks & Recreation Board Consideration:
Drainage 155ue5:
7~7~~e or ha ,
Utility looue5: All eX~s n
Water Availability/Capacity:
5anitar''y Sewer Availability/Capacity:
k ~V/ A &.4
Impact Fees:
Electrical
/~,~~v~{° ~ 'grouiylc~ die vc• / mIcA b bljr.
Fire Hydrant
dw&
Ti r,e W, ly dJw - /~U (.rl `i%y~iTS C`lD~
/.ls a~G/'~if J
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Miscellaneous: r•Gt-ts~l5
Landscaping /5treetooa pe:
Dumpoter Location:
Signs:
Screening/Buffering:
Variance Rcque5t5:
. t
Permits required for this development:
Development Permit
Building Permit
Conditional Use Permit
TxDOT Driveway Permit for work in State ROW
TxDOT Utility Permit for work in 5tate ROW
Special Review required by:
Wolf Pen Creek Design Review Board
Northgate Revitalization Committee
Parks and Recreation Board
Planning and Zoning Commission
City Council
Information provided:
Zoning Ordinance
Subdivision Regulations
Specifications for 5treet Construction
Drainage Policy & Design 5tandards
C5 Building Regulations (Local Amendments to the building Code)
Fire Department Construction & Development Guide
Driveway Access Location & Design Policy
Water & 5ewer 5pecification Manual
C5 Business Center Covenants & Restrictions
Guide to building & Development
Development Resource Guide