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HomeMy WebLinkAbout00071529ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, "ZONING", SECTION 7, "SCHEDULE OF DISTRICT REGULATIONS", AND SECTION 7, TABLE A, "DISTRICT USE SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REPLACING SECTION 7.24 AND BY AMENDING TABLE A AS SET OUT 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, "Zoning", Section 7, "Schedule of District Regulations", and Section 7 Table A, "District Use Schedule", of the Code of Ordinances of the City of College Station, Texas, be amended by replacing Section 7.24 as set out in Exhibit "A", and by amending Table A as set out in Exhibit "B", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: 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 ($2000.00). 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 day of 52001. APPROVED: LYNN McILHANEY, Mayor ATTEST: Connie Hooks, City Secretary APPROVED: City Atto O/group/legal/ordinance/amendmentform. doc ORDINANCE NO. EXHIBIT "A" Page 2 That Chapter 12, "Zoning", Section 7, "Schedule of District Regulations" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by replacing Section 7.24, as set out hereafter to read as follows: 7.24. DISTRICT NG - NORTHGATE A. SUB-DISTRICTS: The Northgate District consists of three Sub-Districts; (1) NG-1 Historic Northgate, (2) NG-2 Commercial Northgate, (3) NG-3 Residential Northgate. References made in this Zoning Ordinance to the NG District include all three Sub- Districts. B. DEFINITIONS: The following definitions apply exclusively to the entire Northgate District: 1. REDEVELOPMENT - the revision or replacement of an existing land use or existing site through the acquisition and consolidation of land, and/or the clearance and rebuilding of an existing site or combination of sites. 2. SITE DEVELOPMENT - any excavation, fill, or land disturbance, including new construction, reconstruction, relocation, or change of use. For the purposes of this Section only, site development includes installation of fences, walls, accessory structures, and other similar additions. 3. REHABILITATION - the process or returning a structure to a state of utility, through repair or alteration. 4. FACADE WORK - the removal, replacement, or substitution of any material or architectural element on the exterior face of a building, which includes but is not limited to painting (including paint color change of exterior walls and/or painting of murals), material change, awning or canopy replacement, signage, or other permanent visible fagade treatment. 5. MINOR SITE/BUILDING PROJECTS - includes maintenance or replacement of building or site elements with colors and materials that are similar to ones previously approved by the Project Review Committee. Also includes requests for change in service for dumpster and other refuse receptacles. Any other terms used in this section shall be used as defined under Section 2 Definitions or Section 12.2 Definitions. C. APPLICATION: A complete application for building, sign, or site plan review in the Northgate District shall be submitted to the City Planner on forms, with any requested information and attachments, and in such numbers, as required by the City Planner, ul o: I grou&eve_serl hive l northgate Umendtoccivpnzcomments. doc 11/20/01 ORDINANCE NO. Page 3 including any checklists for submittals. The City Planner shall have the authority to request any other pertinent information to ensure compliance with all applicable requirements. D. REVIEW PROCESS: Any proposed work involving redevelopment, site development, rehabilitation, or fagade work shall require review and approval by the Project Review Committee (PRC) as defined in Section 10.3 of this Zoning Ordinance. The City Planner shall first conduct a technical review of the submitted plans, and forward recommendations to the PRC. The PRC shall review the plans for compliance with all applicable design standards in this Section, and shall approve the plans upon findings of compliance. All site, sign, and/or building changes and additions shall be conducted subsequent to and in compliance with the approved plans. All work involving minor site or building additions projects shall require review and approval of the City Planner prior to commencement of such projects. All work shall occur in compliance with the approved project plans. E. APPEALS: Appeals of the decision of the PRC shall be to the Planning and Zoning Commission. All appeals must be submitted in writing, and must state specifically the requirement or decision that is thought to be in error, together with any reasons to support such a claim. Such requests must be submitted within 10 working days of the decision of the PRC. After such time has elapsed and no appeal has been submitted, the requirements and decision will be final and contractually agreed to. Appeals of the decision of the City Planner regarding minor building or site projects shall be to the PRC under the same conditions and provisions as stated above. F. SUB-DISTRICT USE SCHEDULE: The land uses in the three Sub-Districts shall be limited to the following: 1. NG-1 Historic Northgate Permitted Uses - The following uses are permitted: Alcoholic beverage sales - retail and wholesale Apartments or residential condominiums Art studio/gallery Bank Bed and Breakfast Bookstore, retail Child care Cleaner, dry and pressing plant, laundry and/or linen supply Doctor/dentist offices Domestic household equipment rental, storage ul o: Igroupl deve_sMbine I northgatelamendtoccivpnzcomments. doc 11120101 ORDINANCE NO. Page 4 Dormitories Filling stations Furniture, appliance store, sales, service Government offices Hardware store Music/dance schools Offices Personal service shops Photographer studio Public parking building or lot for operating vehicles Printing and reproduction Private lodges, fraternal Radio or TV stations or studios (no towers) Restaurant, without drive-in Retail sales and services, under 7500 square feet Theaters and motion picture houses Townhomes Any other use determined by the Commission to be of the same general character as the above permitted uses. Conditional Uses: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located, and provided these uses do not adversely affect or limit uses of adjacent or nearby property: Apartment Hotel Fraternity or sorority houses and fraternity or sorority meeting places Group Housing Night clubs 2. NG-2 Commercial Northgate Permitted Uses - The following uses are permitted: All permitted uses in the NG-1, plus the following: Apartment Hotel Bowling alley Drive-in sales Drive-in eating establishments Hotel Motel Retail sales and services, over 7500 square feet u l o: (group l deve_serl bine l northgate l amendtoccwpnzcomments. doc 11120101 ORDINANCE NO. Page 5 Shopping Centers Any other use determined by the Commission to be of the same general character as the above permitted uses. Conditional Uses: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located, and provided these uses do not adversely affect or limit uses of adjacent or nearby property: Fraternity or sorority houses and fraternity or sorority meeting places Group Housing Hospital, sanitarium, nursing home, or convalescent home Night clubs 3. NG-3 Residential Northgate Permitted Uses - The following uses are permitted: Apartments or residential condominiums Convalescent homes Dormitories Rooming and Boarding houses Townhomes Any other use determined by the Commission to be of the same general character as the above permitted uses. In addition to the uses above, development in the NG-3 District may include any of the commercial uses listed in the NG-1 District, subject to the following: a. Commercial uses shall be limited to the first floor of a building devoted to other uses allowed in the NG-3 district. b. Commercial uses shall be limited to no more than 30% of the total square feet of all buildings or group of buildings developed as a project. C. Buildings which include commercial uses shall include at least one floor with 100% of the floor area dedicated to residential uses. Offices and studios maintained within a residence for home occupations may be included on the 100% residential story. d. Where buildings including commercial uses are placed on the side property line, the first floor exterior wall shall have no doors, windows or other openings. u l o: l group l deve_ser l b ine l northgate l amendtocc wpnzcomme nts. doc 11120101 ORDINANCE NO. Page 6 Drive through windows, exterior menus, speaker system or other facilities which encourage customers to remain in their vehicles shall not be permitted. Conditional Uses: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located, and provided these uses do not adversely affect or limit uses of adjacent or nearby property: Bed and Breakfast Fraternity or sorority houses and fraternity or sorority meeting places Group Housing G. BULK RESTRICTIONS: There shall be no minimum lot size, lot dimension, or setback restrictions. All fire rating requirements as provided in Chapter 3, Building Regulations of the City of College Station Code of Ordinances shall be observed. There shall be a maximum front and side street setback of 10' (ten feet) behind the property line. The majority of the front and side street building frontage shall not be setback farther than 10' (ten feet) from the front and side street property line. The maximum front or side street setback may be increased if 100% of the additional setback area is devoted to semi-public use. If the applicant chooses to design the site under this exception, he shall design that area to include semi-public elements such as, but not limited to, sidewalks that provide connection to the adjoining public sidewalks, terraces, patios, sidewalk caf6, public art, seating areas, and landscaping. If 75% or more of the increased setback area is to be devoted primarily to landscaping, such landscaping shall include a significant amount of elements such as planters, trees, and shrubs, and shall also include at least 25% of the area to the semi-public elements listed above. 2. All new or reconstructed structures in the Northgate District shall provide a minimum of two stories above ground level. All new or reconstructed structures shall be of a maximum of five stories above ground level. H. PARKING REQUIREMENTS: On all projects involving site development or redevelopment, off-street parking shall be provided as follows: NG-1: No minimum parking shall be required. Any parking that is proposed to be installed shall meet materials and dimension requirements of Section 9 Minimum u l o: Igroupldeve_serl bine Inorthgate l amendtoccwpnzcomments. doc 11/20/01 ORDINANCE NO. Page 7 Parking Requirements, except that interior parking islands shall not be required. End islands meeting the standards of Section 9.2 A. 6 shall be provided. No parking shall be located between a building and the adjoining right-of-way. Where no building exists or is proposed and parking is to be installed adjacent to a right-of- way, there shall be a 6' setback from the right of way line to the parking pavement, within which a 3' screen of shrubs, fencing, or wall shall be installed. 2. NG-2 and NG-3: Parking as required in Section 9 shall be provided by the applicant, except that interior islands shall not be required. End islands meeting the standards of Section 9.2 A.6 shall be provided. The number of parking spaces required may be reduced by the PRC if the applicant submits a parking study. If the PRC finds that the parking study includes reasonable assumptions that are specific to the Northgate District and that the study is in line with the Northgate Revitalization Plan, the PRC may reduce the number of parking spaces from those required in Section 9 to any number. In no case shall the PRC reduce the number required to less than the number recommended in the parking study. No parking shall be located between a building and the adjoining right-of-way. Where no building exists and parking is to be installed adjacent to a right-of-way, there shall be a 6' setback from the right of way line to the parking pavement, within which a 3' screen of shrubs, fencing, or wall shall be installed. 1. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of bicycle parking spaces. For commercial businesses, a minimum of 2 bicycle parking spaces per business plus 1 additional space for each 1000 square feet of floor area above 2,000 square feet shall be required. For apartments or residential condominiums, a minimum of 1 bicycle space per dwelling unit shall be required. In no case shall more than 20 bicycle parking spaces per business or apartment building be required. Bicycle racks or facilities shall be bronze, maroon, or dark green. LANDSCAPE/STREETSCAPE REQUIREMENTS: A landscape plan shall be required for all proposals involving site development or redevelopment, and shall be reviewed by the PRC in accordance with the following standards: 1. Landscape/streetscape improvements shall be required along 100% of a property's frontage onto public streets. Doorway widths and driveways shall be excluded from frontage calculations. Live plant material must be included where feasible in each proposal. ul o: IgroupWeve_sMbineW orthgate Umendtocclvpmcomments.doc 11/20/01 ORDINANCE NO. Page 8 2. Eligible landscape/streetscape improvements shall include raised planter boxes, at- grade planting beds, indoor window plantings where sidewalks are too narrow for outside plantings, seating benches, light features, trash receptacles, decorative railings, and other elements featured in the College Station Streetscape Plan. Such features must meet provisions of this Section as follows: a. Sidewalk benches: Seating areas shall be similar to those previously approved by the City in the Northgate District and shall be bronze, maroon, or dark green. b. Trash receptacles: Trash receptacles shall be similar to those previously approved by the City in the Northgate District and shall be bronze, maroon, or dark green. C. Newspaper racks: Newspaper racks shall not impede pedestrian activity or obscure the storefronts behind them. They shall not be located at corners or on pedestrian ways. They shall be bronze, maroon, or dark green. d. Street lights: Street light design shall be similar to that previously approved by the City. Street lights located on arterial streets shall be no greater than 16 feet in height including the globe. Street lights located on collector streets or residential streets shall be no greater than 14 feet in height including the globe. Decorative banners may be located on the posts if located on private property. Decorative banners may also be located on the posts within the right-of-way pursuant to an approved Right-of-way Improvements Permit. All vegetated areas shall include an automated irrigation system. 4. Any improvements as provided in this Subsection may be located within the public right-of-way pursuant to an approved Right-of-way Improvements Permit. The standards set forth herein are in lieu of and not in addition to the Landscaping Requirements contained in Section 11 of this Zoning Ordinance. K. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. In NG-2, however, if the applicable site complies with both the Area Requirements and the Landscape Requirements established for Subdistrict NG-2 and District C- 1, the sign regulations for the NG-2 Subdistrict shall be the same as those established for the C-1 district. L. DUMP STERS/EQUIPMENT: Dumpsters and any other waste storage areas or containers shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the PRC or City Planner, as applicable. ulo: Igroupldeve_serl binelnorthgate lamendtoccwpnzcomments.doc 11/20/01 ORDINANCE NO. Page 9 Mechanical equipment, air conditioning units, transformers, and the like shall be screened according with devices made of masonry or wood with surrounding landscaping, regardless of location. Roof-mounted equipment shall also be screened with devices matching the building materials used in the structure upon which the equipment is located. M. SIDEWALKS: Public sidewalks shall be placed along the outside edge of all street rights of way so as to be separated from the back of the street curb or pavement edge. Required public sidewalks may also be placed on private property along the street frontage as long as a pedestrian access easement is granted. Such sidewalks are subject to the following standards: Sidewalks shall be six feet in width with a four-foot buffer of stamped colored concrete or landscaped space between the sidewalk and street in the NG-1 zoning district; 2. Sidewalks shall be stamped, colored concrete in the NG-1 zoning district; 3. Sidewalks shall be four feet in width with a four-foot buffer of landscaped space between the sidewalk and street in NG-2 and the NG-3 zoning districts; 4. Sidewalks shall be stamped, colored concrete bands at all corners and on each side of all driveway crossings and stamped, colored concrete for all ramps in the NG-2 and NG-3 zoning districts. N. PUBLIC ACCESS: All entrance sides of buildings located in the NG-1 and NG-3 districts must face and open onto a street, public pedestrian way or civic use lot. 0. CIVIC AREAS: For all development projects exceeding two acres in area, a minimum of 2% or 2,000 square feet, whichever is more, of the gross area of the development shall be designated for civic use lots. Land designated for civic use shall contain but not be limited to the following: public art, monuments or streetscape fixtures (statues, benches, fountains or other street hardware), playgrounds, transit waiting areas, community buildings including meeting halls, libraries, parks, post offices, schools, child care centers, clubhouses, religious buildings, recreational facilities, museums, performing art buildings, and municipal buildings. Swimming pools and recreation areas provided as an amenity within a residential development may not constitute required civic use lots. 2. Civic use areas may contain plazas or squares that contain facilities listed above. Civic use areas may be publicly or privately owned but shall be open to public use. u l o: I groupWeve_ser l b ineW orthgate Umendtoccwpwcomments. doe 11/20/01 ORDINANCE NO. Page 10 4. Civic use areas (including minor structures such as transit waiting areas) may be located within the public right-of-way pursuant to an approved Right-of-way Improvements Permit. P. BUILDING DESIGN: All site development, redevelopment, and facade work shall be subject to the following: Commercial buildings and/or lease spaces shall be at least 50% transparent on the ground floor. 2. All visible parts of a facade shall include features similar to the entrance side facade. 3. New facades shall contain both vertical and horizontal features that relate to the pedestrian scale. Examples of such features are railings, cornices, window mullions, recess entries, etc. 4. Reflective glass and metal are not permitted to be used on exterior vertical walls, except that metal awnings, roofs, and accents are specifically permitted. 5. Bright colors are to be used on accent details only. Neon and florescent colors are prohibited. 6. Building materials shall be limited to (Reserve section for future consideration) Q. CANOPIES/AWNINGS: Colors on all new canopies must be earth toned or subdued. Bright and neon colors are prohibited. R. EXCEPTION TO SCREENING FENCE REGULATIONS: The buffer and screening fence requirements of Section 8.10 do not apply to the Northgate District. S. ADDITIONAL REQUIREMENTS: The PRC shall have the authority to impose additional requirements to assure compliance with Section 10.2 where a project involves site development or redevelopment. u l o: I group I deve_ser l b ine I n orthgate l amendtoccwpmcommen ts. doe 11/20/01 ORDINANCE NO. EXHIBIT "B" Page 11 That Table "A" of Chapter 12, "Zoning", Section 7, "District Use Schedule" of the Code of Ordinances of the City of College Station, Texas, is hereby amended, as set out hereafter to read as follows: DISTRICT USE SCHEDULE - TABLE A Dist. Min. Lot Min. Lot Min. Lot Min. Front Min. Side Min. Side Min. Rear Max. Max. Net Area/DU Width Depth Setback Setback St. Setback Setback Height DU/AC RESIDENTIAL DISTRICTS A-0 5 acres 50' 20' 15' 35' R-1 5,000 SF 50' 100' 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35' 8.0 R-IA 4,000 SF none none 25'(D) 7.5'(C) 15'(F) 20'(F) 2.5 story/35'10.0 R-113 8,000 SF none none 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35'6.0 R-2 3,500 SF 35'(E) 100' 25'(D) 7.5'(C) 15'(F) 20'(F)(H) 2.5 story/3512.0 R-3 2,000 SF 20' 100' 25'(D) (A)(B) 15'(F) 20'(F) 35' 14.0 R-4 25'(D) (A)(B) 15' 25'(F) 2.5 story/35' 16.0 R-5 25'(D) (A)(B) 15' 20'(F) 45' 24.0 R-6 Lot area, setbacks, height determined by site plan review; density above 24 DU/acre determined by City Council R-7 See Mobile Home Park Ordinance. NG-3 none none none 0'(J) (B) 0'(J) (B) 5 story(K) (I) PUD S ec. 7.19 for restrictions. A-OX 2.0 Acres 50' 15' 15' 25' 35' A-OR 1 Acre 50' 25' 25' 50' 35' 1.0 COMMERCIAL DISTRICTS C-N Sec. 7.10 24' Sec. 7.10 25' (A)(B) 15' 15' 35' C-2*,C-3,CB 24' 100' A-P C-1 25' (A)(B) 15 ' , , NG-1 none none none 0'(J) (B) 0'(J) (B) 5 story(K) (I) NG-2 none none none 0'(J) (B) 0'(J) (B) 5 story(K) (I) C-PUD Sec. 7.20 for restrictions. *When C-2 abuts single family residential, duplex, or townhouse development or zoning districts. 24' 100' 25' 40' 15' 40' 35'(G) INDUSTRIAL DISTRICTS M-1 100' 200' 25' (A)(B) 15' 15' M-2 25' (A)(B) 25' 15' A - A minimum side setback of 7.5 feet is required for each building or group of contiguous buildings. B - Lot Line construction on interior lots is allowed where access to the rear of the building is provided on the site or by dedicated right-of-way or easement. C - Zero lot line construction of residence is allowed where property on both sides of lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single family residence or duplex be built within 15 feet of another build- ing. ul o: IgroupWeve_serlbine Inorthgate lamendtoccwpnzcomments.doc 11/20/01 ORDINANCE NO. Page 12 D - Minimum front setback may be reduced to 15 feet when approved rear access is provided, or when side yard or rear yard parking is provided. E - The minimum lot width for duplex dwelling may be reduced to 30 ft./DU when all required off-street parking is provided in the rear or side yard. F - The following restrictions shall apply to accessory buildings, structures or uses other than garages, carports and living quarters for family or servants: a minimum rear setback of 15 feet is required; and a maximum building eaves height of 8 feet is allowed. The following restrictions shall apply to garages and carports: a minimum rear setback of 20 feet is required; and a minimum side street setback of 20 feet is required for garages or carports that face onto side streets. The following restrictions shall apply to accessory buildings or structures used for living quarters for family or servants: a minimum rear setback as stated in Table A above for the district in which the accessory building or structure is located is required; and a maximum size not to exceed 25% of the area of the principal structure is allowed. On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property line. In no event shall more than 30% of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures or uses. G - The maximum building height may exceed 35' if all setbacks observe an additional setback of 2' for every foot above 35' of building height. H - Minimum rear setback may be reduced to 15 feet when parking is provided in the front yard or side yard. I - Minimum Density of 12 DU/Acre required. J - A maximum setback of 10' is required unless the entire frontage area is to be devoted to civic use. K - A minimum height of 2 stories is required. DU- Dwelling Unit. DU/Acre - Dwelling Units per acre, in the zone, under one ownership excluding streets, parks, etc. Min. Lot Width - Lot Width at front setback line. ul o: Igroupl deve_serl binel northgate lamendtoccwpmcomments. doe 11/20/01