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HomeMy WebLinkAbout14 Horse Haven1J v 0740147 CORRECTION DRAINAGE AND FLOOD PLAIN CONSERVATION EASEMENT THIS CORRECTION DRAINAGE AND FLOOD PLAIN CONSERVATION EASEMENT (this "Easement") is entered into as of the ~day of ~ , 2001, by and among the LYDIA BORISKIE PARTNERSIIlP, a Texas general partnership ("Boriskie"}, and BURTON RAY HERMANN, ET UX, ("Hennann"). I. &ci1a.ls 1.1 Boriskie is the owner of a parcel of land located in the City of College Station, Brazos County, Texas (the "Development Land"), such parcel being depicted on Exhibit A attached hereto and more fully described in Exhibit B attached hereto. 1.2 Boriskie is also the owner of a parcel of land situated in the City of College Station, Brazos County, Texas, adjacent to the Development Land, (the "Boriskie Land"), such parcel being depicted on Exhibit A and more fully described in Exhibit C attached hereto. 1.3 Hennann is the owner of a parcel of land situated in the City of College Station, Brazos County, Texas, adjacent to the Boriskie Land, (the "Hermann Land"), such parcel being depicted on Exhibit A and more fully described in Exhibit D attached hereto . • · 1.4 Such owners, as set forth in paragraphs 1.1, 1.2, and 1.3 above, are sometimes re ferred to herein collectively as "Owners" and in the singular as an "Owner", which term shall include any Jessee of the Development Land so Jong as it leases any part of the Development Land. 1.5 The Boriskie Land and the Hermann Land (collectively, the "Property") shall be subject to the easements and conditions set forth herein and, in connection therewith, Boriskie and Hermann desire to (a) the grant of certain drainage easement rights, (b) permit the construction of certain drainage facilities, (c) permit the maintenance of the drainage facilities, and (d) subject the Property to the easements, covenants and conditions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the 'premises and the easements and covenants contained herein , the sufficiency of which is hereby acknowledged, the Owners do hereby declare and agree as follows : II . Drainai:e Easement 2 .1 Descripfion of Drainai:e Easement. Boriskie and Hermann hereby grant an underground and aboveground stormwater drainage easement and above-ground stormwater detention/retention easement (together, the "Drainage Easement"), under, over, upon and across portions of the Boriskie Land and Hermann Land as depicted on Exhibit E attached hereto and more fully described in Exhibits E-1, £2, .E:.3 and .E::1 attached hereto. Part of the Drainage i <>d<my.cbwleollcgc sta tion\1200:W1'1imge .4.wpJ 0 4 1 0 7 0 0 0 0 7 ; .: ..•. .. ~ '· .. . .. ,, I ,: l' -•-:'.'."'.:":::-:-:--.-:---:-~ .. ~ .. ~-~ .. ~ .. ~ ... ~--~-~-~ .. ~~.~·=-··-~-7.--=··= .. -~ .. =-··=-.. -=.-~ ... -=-·~--------·-.. ------·---------·---·----·-------------·------... -._,-,_,-_ .. -.-------------.--.. -.. --... ~.-L-: ..... . ; i ! i ' !· i I I ) i i ! I t l ,. I. i I }. t· I ~~ r· f ' •I l t .i. ·. - J: . ' 1· '.' ...... :·. _..l. ___ .J_~--··-· ···-·------------·----~-----~-----····-·---·-·-..... . 0740147 Easement consists of underground and aboveground storm water conveyance facilities (the "Drainage Facilities"), part consists of the flood plain excavation area (the "Flood Plain Excavation Area"); and part consists of detention/retention facilities (the "Detention/Retention Facilities") located on the Property as depicted on Exhibit E. The Detention/Retention Facilities shall remain viable for watering livestock. 2.2 Usai:e of Drainai:e Easement. The Drainage Easement shall be interpreted to permit usage thereof on a non-exclusive basis by (a) the Owner or Owners of the Development Land, (b) the successors and assigns of the Owner or Owners of the Development Land, and (c) the tenants and subtenants of the Owner or Owners of the Development Land and their respective successors and assigns . 2.3 No Alterations . After construction as provided in Section 2.4 below, neither Boriskie nor Hermann shall cause or permit any alteration to the Drainage Facilities , the Flood Pla in Excavation Area or the Detention/Retention Facilities. 2.4 Construction and Maintenance . (a) The Owner of the Development Land shall construct the Drainage Facilities and Flood Plain Excavation Area , including any drainage facilities neces sary to convey stonnwater from the Development Land to the Drainage Easement, at its sole cost and expense. Such construction shall be performed substantially in accordance with the plans described in Exhibit F attached hereto . The Owner of the Development Land shall restore grass cover to areas within the Drainage Easement where the grass cover was destroyed by such construction . Hermann shall construct a fence between the Boriskie Land and the Development Land to keep livesmck from entering onto the Development Land. (b) After completion of construction and except as provided below, the Owner of the Development Land shall maintain the Drainage Facilities and Flood Plain Excavation Area al its sole cost and expense . Hennann shall maintain the Detention/Retention Facilities at its sole cost and expense and shall mow the Drainage Facilities and the Flood Plain Excavation Area at least . tw ice per calendar year . (c) All design , construction, maintenance and repair performed pursuant to this Article Il sh!l!I be done in a good workmanlike manner and in compliance with all applicable laws, statutes , ordinances, codes, rules and regulations of applicable governmental authorities . ill. Access to PrnpertY Borislde and Hennann hereby grant to the Owner or Owners of the Development Land and to any agents, employees or contractors of the Owner or Owners of the Development Land th e right to enter upon that portion of such the Boriskie Land and the Hermann Land as reasonably 2 ~ ' ' 0 4 1 0 7 0 0 0 0 B j ; ,. '• !1 '· .. .\ ) i J • ·-··l.. 0740147 necessary for the purpose of perfonning the construction and maintenance activities contemplated hereunder. IV. Eminent Domain 4.1 Owner 's Rii:ht to Award. Nothing herein shall be construed to give any Owner any interest in any award or payment made to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting such other Owner's property, or to give to the public or any goverrunent any righ!S in such any property. In the event of any exercise of eminent domain or transfer in lieu thereofof any part of an Owner's property, the award attributable to the land area and improvemen!S of such property shall be payable only to Owner thereof. 4.2 Collateral Claims. The Owner or Owners of the Development Land may file collateral claims with the condemning authority for i!S losses with respect to any taking of the easements granted herein, which claim is separate and apart from the value of the land, facilities and improvements taken from the Owner thereof. V. Modification and Cancellation This Easement may be modified or canceled only by written agreement signec! by the Owners, or their respective successors and assigns (and any mortgagees holding first lien security interests on any portion of such Owner's property), as long as they have any interest as Owner of any portion of the property subject hereto. VI. General Provisions 6.1 No Dedication . No provision of this Easement shall ever be construed to grant or create any rights whatsoever in or to property other than the easements, covenan!S, conditions and restrictions specifically set forth herein . Nothing in this Easement shall ever constitute or be construed as a dedication of any interest herein described to the public or give any member of the public any right whatsoever. 6.2 ~. Any notice hereunder must be in writing, and shall be effective upon three (3) business days after being deposited in the United States mail, certified mail, return receipt requested, addressed as set forth below (or as may be designated from time to time pursuant to the procedures provided in this Section 6.2 by any Owner), or when actually received by the party to be notified, if hand delivered. For purposes of notice, the addresses of the parties, until changed as herein provided, shall be as follows: aca<lcmy .dawlcollcgc sution\120600dr>inagc .4 .wpd 3 0 4 1 0 7 0 0 0 0 9 , 1 ! . I : i : ' , .. (: 1· /:· , ... l '. '· t ; ;. ·! .~ ~ f \· .. ··.·· f.: l· 1;. b. f.. L:· --' -··---: .. _ -----·······-----~-·---··----------.. ---------·--·-··-· 074014-7 If to Boriskje: Lydia Boriskie Partnership c/o Mr. Burt Hennann 2401 Rudder Fwy. S. College Station, Texas 77845 If lo Heanann: Mr. Burt Hennann 2401 Rudder Fwy. S. College Station, Texas 77845 6 .3 .B.r.e.acil. In the event of a breach or threatened breach of this Easement, only the respective Owners of the Property shall be entitled to institute proceedings for full and adequate relief from the consequences of said breach or threatened breach. The unsuccessful party in any action shall pay to the prevailing party a reasonable sum for attorneys' fees, which shall be deemed to have accrued on the date such action was filed. 6.4 Entire Ai;:reement. This Easement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. The parties do not rely upon any statement, promise or representation not herein expressed, and this Easement once executed and d!livered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 6 .5 Seyerability. If any provision of this Easement shall be or become invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 6 .6 Rii;:hts of Successors . The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land . Notwithstanding anything to the contrary in this Easement, upon an Owner's sale of a parcel of "Land" subject to this Easement, including without limitation Boriskie's sale of the "Development Land," such Owner shall be released from all unaccrued liabilities and other obligations arising under this Agreement with respect to such Land from and after the effective date of such sale and the new Owner shall be responsible for such liabilities and other obligations during the period of its ownership. Subject to the other provisions hereof, this Easement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, lessees, successors and assigns. :The singular number includes the plural and the masculine gender includes the feminine and ·neuter. 6.7 No Men:er. It is expressly understood and agreed that the parties hereto do not intend that there be, aw.! there shall in no event be, a merger of the dominant and servient tenements in the Property by virtue of the present or future ownership of any portion of said tenements being vested in the same person(s) or entity, but instead intend that the easement academy.ibwlcollcic sta tlo n\120600draimgc .4.wpd 4 0 4 1 0 7 0 0 0 1 0 .. I i i . I I I I I I .. f ~· 0740147 servitudes shall not be extinguished thereby and that said dominant and servient tenements be kept separate. 6. 8 Survey of the DrainaLre F.asements. After construction of the Drainage Facilities and the Flood Plain Excavation Area, any Owner may, at its own expense and upon ten (10) days' prior written notice to the other Owners, have all or any pi>rt of the Drainage Easem.ent surveyed, the as-built metes and bounds description of which shall be substituted for the applicable portion of Exhibits E-1, .E::2 • .E:J and/or~ hereto . The Owners shall execute and record any instrument reasonably necess_ary to so replace the description of the Drainage Easement. · 6.9 Countc(Jlarts: Multiple Ori~inals. 11lis Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of whi ch together shall constitute one and the same instrument. 6 .10 Headjo~s. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of intent of this document nor in any way affect the tenns and provisions hereof. 6 .11 Correction Easement. This Easement is made and entered into in correct ion of that ce rta in Drainage and Flood Plain Conservation Easement dated March 23, 2001, and recorded at Docum ent No . 0739219 of the Real Property Records of Brazos County, Texas, in order to more accu ra tely descri be the Boriskie Land and the Hermann Land and to incorporate better the metes and bounds descriptions of the Drainage Easement attached as Exhibits E-1, .E:Z • ..E:3 and M attach ed hereto, including the provision for modifications to such exhibits based upon as -built surveys pursuant to Section 6 .9 above . EXECUTED as of !lie date first set forth above . LYDIA BORJSKIE PARTNERSHIP BURTON RAY HERMANN. ET UX .. -~ a=lcmy .d>w\collc1c sation\120600dnin>gc .4 .wpd 5 0 4 1 0 7 0 0 0 1 1 '· t _:' l.L-~~~~~~~~~~~-.-----.-~----~-~-·~ ... ~ .... ~.---~--7.-.~---~--~~--=-::::"'.'::';"~-=-··~--~--~--~---·~--7-~ .. ~-~.7.-=-~-~ .. 7. ... 7-.~.--~--~---=--~--~--~---~---~ ... j · 0740147 STATE OF TEXAS § § COUNTY OF BRAZOS § 'Im< in<<rum<"'""" """°wJOOgOO Mono"" on thfa tho I/, doy of~ ,' e , 2001, by Virginia Hennann, the Managing Partner of the Lydi~skie Partnlp, a Texas general partnership, on behalf of said partnership .. e SUZANNEKRUPA Nolaty Pvti c Sblt cl T uu My Crmr1nlon Expkt1 SEP1"f;tAflER 4, 2002 STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on thi s thed_ day of~ 2001, by Burton Ray Hermann . ®SUZANN! KRUPA Nollry ~ 8t11t cl TIUI My ecrrwNllon Elq)lrK SEPTEMBER 4, 2002 STATE OF TEXAS § § COUNTY OF BRAZOS § 'Im< '"""""'•' w& oclmnwl<dgol bofore m< on thi< lh<i-doy nf ~ 2001, by Virginia Hermann . aC*lcmy .diw\col lcge W.ri<lnll 20600dDimse.4. wpd 6 0 4 1 0 7 0 0 0 1 2 ! l i i . I I \ I I I I l i I 1\ ; ; 1 ! .. i i. ! ··: :,'.( : .. ... '..'. ' ' • • '· ..... . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . /·<·:::::::::::·:-:::::::::::::::::::::::::::::::::::::::::::::::: .. ............ . ............................................... . .................................................. :::::::::::::::::~n:~~:::::::::::::::::::::::::::::::::::::::::::: ....... 7 ~,., ................................................... .. . . . . . . .. . ' ....................................... . . . ·.·.·.·.·.·.·.:.·.·.·.·.·.·.·.·.·.·.·.· .. ·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.· . . . . . . . . . . . . . . . . . . ............ ... . . . .. . . .. . . . . . . .. . . . . . . .. . . . . .. .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . . .. . . . . . .. . . . . . ..... .... . . . . . . . . . . . . . . . .. . . . . . . . . . . ................................................ .. . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . ·,.....---./ ........................................ ........................................ . ................................... . ...................................... . . . . . ·.· .......................... . . .... ·.· ................. . 1 · I. I I ! ' -·---------· --. --------------------------~-----------··-· .......... ··-·------·-. 0740147 EXHIBITB Lci:al Description of the Development Land 0 4 i 0 7 Metes u4 boaDds desaiptl~a or aD that ccrtala 11.SO acn tract or pared or Ind, lylDc and bda& situated Ill the Morca.0 Rtttor Lape, A!lstrad No. 46, CoUece Station, BCUOI <Amity, Tau, and bdq a portion oirt or that same Wied 13.SO •C1J171 tract, foand liJ cmrmt en-CJio.uoand IWYCJ' Co contain 13..47 ac:ns, aurnjtd Crom Mlchad w. 'Ibllfial, Executor, et al tp the Lydia Bedside l'ar1Jlenblp, as dtsaibed 111 deed recorded ID Voll1Dle 363,, Pace 64 or the OIDdal Records or Bruc€J CoU11ty, Tens, aid 11.50 acn tract bdq more particularly demibed as foll om: 1 BEGINNING at a polllt Ill the chamld o(WolU'en crtdc, bdnc the nor1h cor11u or that wne alltd 14.27 acn tnct, fouJ,_ 111 C1IImll oa-tbe-cnnmd SUl'n1 to contain 14.23 acres, connyecl to Dam McCDI, Trustee, u dtsaibtii by deed recorded l.D Volume 5'7, ?ap 226, or aid Omdal Records. A 112" Iron rod folllld for rdennce monul!Wlt hi the northeast Ji&bt-or-way llatoCEarlRlldderFnnraybean S31° 58'50"E-48.16 fed; THENCE Nll " 5 ''4 8" W-397.64 fed with aid ri&ht-or-way Uoe to a IJl" Iron rod round muldni: tbtsoulh corner or Lot 2, Hone Hann Estates, as depicted by plat recorded In Volwne 3158, l'ai:e 335 of said Offid2l Rttords; THENCE N57" 5''12" E-7.17 fed 'll'ltb the southeast Une oh:dd Lotl to a l/l" Iron rod set ror beVoalag ora rion-ta.ni:eot cum Co the rlcht; THENCE la a northeasterly dlrtctlo11194.91 feet along the arc or uld curn {CurTe dabi: ceritnl aai:le •I.,. 35'13", nadlus • 635.00 rtet, t&Dztot • 98.23 feet, the chord bun N 66° 43'40" E -194J5 feel) lo a l/l" Iron rod found for end ofsald curve; THENCE N 75" 28'10" E-111.46 feet 'll'lth nld line to a 112" Iron rod set ror the bqirutlaz: or a curve to the left; THENCE hi a northta5terly dlrtction 332.71 feet along the arc ohald c11rTe {Curve data: central arii:le • 33° 44 '24", radius •.565.GO feet, tao:eat• 171.34 feet, the chord burs N 58" 36'00" E-327.93 feet) Co a IJl" Iron rod set foreod ofnld curve; THENCE N 41•"3148" E-'6.28 feet 'll'lth nld lluc to a IJl" Iron rod fo1111d for corner; · · THENC.lt S 15" 46'37" E -70.83 feet across nld c:aUed 13.50 acre tract to a 111" Iron rod foUDd for a1111er, THENC.lt N 6r 45'46" E-154.lll feet across sald tract to a IJl" lro11 rod Connd ror coruer; THENC'Jt SW 41'33" E-636..21 feet across nld tract to a polo! for corner hi lhc tt11lerlloe or Wolf Pen Crttk; THENC.lt 'll'lth the eenterllne meanders of Woll Pen Cnelc for the roDowloi: alls: s 75" $1'46" w -24.0l feet; N Tr 54'39" W -20.Gl fed; s ..,. 48'52" w -'2.56 feet; S 679 42'42" E-13.51 fed; S lr lO'll• E • 44.50 feet; s s~ 1m• w-n.19 feet; N 14° 56'53" W -IU7 feet; N c• 44'35" W -117.31 feet; s 55" 22'15" w-6'.81 feet; B-1 \ \ \ ··-·-·-·· ., ~' , .. _ L F I.·. :I :j'::: .· (': :1>·. ,: .... ~ ·-~ : ··>·;! i ~~~'.: .. -~l.l ~--J ····#•. '• . . ___ !_. ___________ -·-·-··----------·--------------------------------------· • N BT 01'50" W-34.32 fed; N or 36'09" W -94.90 feet; .. . THENCE N .78" OO'l7 " W • 97.39 (eel with nld creek centerline lo a polnt for anile polnt; 0740147 0 4 1 0 7 THENCE s 86-43'4 6" W -455.96 feet with the line or the old wnnel to the Place or ~I: and conWnlnc 11.SO acres ol land. B-2 0 0 0 1 5 [' I. 1 •. 1:·. !'· i: . I . r l t l •. !. l ·-•• ·-·······-· ••• -·-··'•'•·'··. ····-······-·····-··· .. ···"'·· ·-·--·-··· •••• 1 ..... -.......... --· ·····-·"····"···. ····--······-·····O.···-······· .......................... . ~. i .. _____ .l-_______ ·-_ .. ---··------·-···---··-·-····--.... ....._·-··-·· ·····-· ---·~~······-········ ..... ·-···· ···-··· ··-· -·. i ! ! L i ! . t·. i ! . EXHIBITC Lei: al Description of the Boriskje I.and 0740147 A 1.97 acre tract , being all of that same 13.47 acre tract described in the deed recorded in Volume 3856, Page 60 of the Real Property Records of Brazos County, Texas, SA VE AND EXCEPT that . same 11.50 acre tract more fully described in Exhibit B herein. ac:>dcmy .dlwlcollcie st>lion\1200Xldrawge .4. wpd C-1 0 4 1 0 7 0 0 0 1 6 I . J I \ , ------·--·------· -·----·-----··----------··-----~--------·-·----- 0740147 EXHIBITD I.ei:al Description of the Hennann I.and All that .certain 108.29 acre tract conveyed to Burton Ray Hennann, et ux, as described by deed recorded in Volume 2085, Page 289 of the Real Property Records of Brazos County. Texas . atodcmy .d>w\collcgc sutlon\120600dr.1irogc .4.wpd D·l 0 4 1 0 7 0 0 0 1 7 : .. i I I : 1· : ].' ; i ~ ; 1:·;: i ;· ;L I ~ \. I J . : J. 1 J · .. · }' :-.. ·~. r. ~:-. !i· i.· ' ll --------------------------------~·---------....,.,.~ .. ·-···· ··-·~· .. •·•-"·•··········-·· -····· -----····--;··-·-·· ..... ·-~ .... _, __ .. ·-·"·····-·····-····-··· .. -··-:-....... --·-··--·-·----····· .. '--·· .. "~--------·-·""-'{ r-.::.-:-.·~~-----:~!"--7"'"'~::~7:·--~----,---,~--.. ! j i ! j I I I .. . . , A --.. •... .. -----· --· g_ '· ~ fl. ~ " ~ " g- !!-;;; ~ ;i ir ";: :... i " --------·---·-.---. ····-·------------·------·-· -·----·-·----.;. ___ ,, ......... .., .. ---··· ....... ------~· ·-· ··--···-·-----~--.. -.. --··· - DETENTION/ RETENTION AREA FLOOD PLAIN EXCAVATION AREA UNDERGROUND I D~INAGE · FAaunes . ~· .. t ... · ,.r :»er . -·--~ --~ . t:rl · l : I ; I i ! ~ : ! . t . j . I -~;: : j ' i . ! i . ~:. i . 1 -.-._-_ ! : -I. -···--------.... --··~·--·-~--------·-··~---·------------------------·-----·-·· -. _______ JJ ' 0740147 __ _ EXHIBIT "E-1" METES AND DOUNDS DESCRIPTION OFA 0.22 ACRE (9600 SF) TRACT (A 30' WIDE DRAINAGE EASEMENT) MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.22 ncre (9600 SF) lrncl or parcel of land, be ing n·30' wide drainage casement, and being ;i portion out of thnt snme I 08 .29 acre lrnct conveyed from Michael Thiltg en. et ux, to Burton Ray Hermann, et ux, as described by deed recorded in VOLUME 2085 PAGE 289 of the Offici al Record' of Brazos County, Texas, said 0.22 acre trnct being more particularly . described as follows: · COJ\llMENCING nr a !/," iron rod found marking th e north comer of propo sed Lot I, Horse Haven Esrntes ; THENCE S 26° 42 ' 33 " E -216 .70 feet with the northeast line of said proposed Lot I ton point for comer; THENCE N 59 ° 34' O" E -84 .56 feet with the northwest line of a propo sed 0.69 acre variable width drainnge easement to a point for corner ; THENCE S 22° 58' IR" E-40 .00 feet with the northeast line of said proposed 0.69 ncre easement to a point for the PLACE OF BEGINNING ; THENCE N 72° 01' 42" E -321.31 fee t across said 10 8.29 acre tract ton point of comer, and lying in t h~ southwest line ofa proposed I. I I acre variab le width drainage basin ensement; THENCE S 18° 13' 15 " E -30 .00 feet with said line too point for comer; THENCE S T2° 0 l' 42" W -J 18 .69 feet across said I 08 .29 acre tract to a point for comer in sai d propo sed 0.6 9 ;1cre drainage casement; TH.ENCE N 22° 58' 18'' W -30 .1 l feet with said line, to the PLACE OF BEGINNING and containing 0.22 acres of land . 000751 :r.t 7-106(J3 87) March 2001 Municipal Development Group College Station, Texas 0 4 1 0 7 0 0 0 1 9 s·d E~2~-E69 16l6J dss :10 10 02 ~aw : ~ (:· ,. i .'.' '· ,. '-~·• ·• •·•• • -·• ••••· ' ··••-• ·• • -.. _..._ o _. __ ··• _, , ....... -·•· •••~•-"•••I -~~ .• ) ... -•• ~."•• ·-• , ••, ••• ·•·• ••·~ ••• ~ • ·-.... -• • .... ··~---~-•• \,~ .. l '· I . I i .. r · ;: l ~·~·'·. -·· 0740147 __ _ EXHIBIT "E-2" METES AND BOUNDS DESCRIPTION OFA 0.69 ACRE TRACT . (A VARIABLE WIDTH DRAINAGE EASEMENT) MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, DRAZOS COUNTY, TEXAS Metes ond bounds description of all that certain 0 .69 ncre tract or parcel of lnnd, being a v:iri:ible ~vidth drnina gc easement, nnd being n portion out of that snme 13.47 :icrc tr:ict conveyed from Michael Thiltgen, ct nl, to the Lydia Boriskie Partnership, as described by deed recorded in VOLUME 3856 PAGE 60 of the Offici a l Records of Brazos County, Tex:is, said 0.69 acre tract being more particularly described as follo ws: COMMENCING nt a Yi'' iron rod found marking the north corner of proposed Lot 1, Horse Haven Estates ; THENCE S 26° 42' 33" E-216 .70 feet with the northeast line of said proposed Lot 1 to a point for the PLACE OF BEGINNING; THENCE N 59° 34' O" E -84 .5 6 feet across sai d 13.47 ncrc tract with the northwes1 line of snid prop ose d ea se ment; THENCE S 22° 58' I 8" E -429 .29 feel w ith the northeast line of ~aid 13 .47 acre tract 10 a point for comer in the ce nter line of Wolf Pen Creek: THENCE S 59° 42' 12" W -32.50 feel with said centerline ton point for angle point: THENCE S 75 ° 52' 46" W -24.55 fee t with said centerline to n point for comer. :ind be ing the cast comer of said propo sed Lot I ; TI.IENCE N 26" 42' 33" W -419 .58 fe.:t ncross said 13.47 ac re tract with the no'rtheost line to said proposed Lot I to the PLACE OF BEGINNING, and containi ng 0 .69 ncres of land . OCXJnl·f.18·1Ul>(J)H 7) Morch 2001 Municipal Development Group College Sration, Texas 0 4 1 0 7 0 0 0 2 0 El>21>-E69 t6l.6J d55:10 10 82 ~RW \ ; 0740147 EXHIBIT "E..J" METES AND BOUNDS DESCRil'TION OFA 0.17 ACRE TRACT (A 20' WIDE DRAINAGE EASEMENT) MORGAN RECTOR LEAGUE. ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes nnd bounds description of all that certnin 0.17 acre tract or pnrcel of land, being a 20•· wide drainage casement, and being n pm1ion out ofthnt same 13.47 ncre trnct conveyed from Michael Thiltgen , et al. to the Lydia Boriskie Partnmhip, i\S described by deed recorded in VOLUME 3856 PAGE 60 of the Official Records of Brazos County, Te.,as, snid 0.17 acre trnct being more pnrticulnrly described ns . follows : COMMENCING al a W' iron rod found marking the north comer of proposed Lot l, Horse Haven Estates ; THENCE S 26° 42' 33" E -247.22 feet with the northeast lin e of said propo sed Lot I to a po int for the PLACE OF BEGINNING; THENCE S 26° 42' 33" E-20.00 feet with said line to a point for comer; THENCE across said 13 .47 acre tract nnd said proposed 1.ot I. for the follo wing calls : S 62° 53' 39" W -30.04 feel ; S 08° 26' J<)" W -95 .03 feet; S 61° 57' 02" W -102.48 feet ; S 70° 54' OJ" W -295 .D:! feel; S 7.6° 59' 31" W -208 .3 I feet; THENCE N 20° 29' 15" E -58.59 feet across said proposed Lot I lo n poi nt for comer in the proposed so uth c<!St right-of-way line of Horse Haven Lane, nnd being the beginning of a curve to the left ; THENCE in a northeasterly direction a distance o f 20.15 feet along the arc of said curve (Curve data: central ang le = 0 I 0 50 ' 51 ", radius= 625.00 feet. tangent = 10 .08, the chord bears N 62° 38' 33" E - 20.14 feet) to a point for end uf saill curve and comer ; THENCE across said 13.47 acre tract and said proposed Loi 1 for the follow ing calls : S 20° 29' SI" W -68 .80 feet: S 26° 59' 31" E-18 2.10 fret: N 70° 54 · 03 •· E -276 .52 feet; N 61° 57' 02" E-90.83 feet; N 08° 26' 39" E -95 .24 feet ; THENCE N 62° 53' 39" E -40.33 feet ncruss said Lot 1 to the PLACE OF BEGINNING. and containing 0.17 acres of land. 0001 s1.r.1g.106(na11 March 2001 Municipal Development Gro~p College Station, Tc~as 0 4 1 0 7 0 0 0 2 1 £v2v-i::ss 1 SL.SJ !l014 d55:10 to 82 ~e14 ' I 1· ! I 1 1:· : t· I !·· i> r ' ~. . ..... . -· ... -.... -·· ................. -" ·-.. . .......... __ ·····-..•........ ,;,_ .. :... . .... ·' .. :.... . --· .......... •~ ....... ~ .. .:-. .. ____ .. __ .. _ .. _._ : r ;. )· i " I I- I j I · I I ~ i'· t:· I_': !·. r 1. . ; . --···-···-----~---· ------•·-•r------·--·•-•-.o·---·•••••••· •-·-·-···~~••• -· • •·--••--·-·•• •• • EXJIJDIT "E-4" 0740147 METES AND BOUNDS DESCRIPTION OFA 1.11 ACRE TRACT (A VAIUABLE WIDTH DRAINAGE BASrN EASEMENT) MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all thnt certain 1.11 acre trnct or parcel of land, being a variable width dr:iinage b:lsin "c:lsement, nnd being a portion out of that same 108.29 :lcre tract conveyed from Michael Thiltgen, ct ux, to Burton Ray Hermnnn, ct ux, as described by deed recorded in VOLUME 2085 PAGE 289 of the Official Records of Brazos County, Tcxns, said 1.11 acre tract being more paniculurly described as follows : COMJ\IIENCrNG nt n V." iron rod found marking the north corner o( proposed Lot I, Horse Haven Estates; THENCE S 26° 42' 33" E -216.70 feet with the northeast line of said ~roposed Lot I to :i point for comer; THENCE N 59° 34' O" E -84 .56 feet with the northwest line of a proposed 0 .69 acre varia ble width drainage easement to a point for comer, and lying in the southwest line of said 108 .29 acre tract; THENCE S 22° 58' 18" E -40.00 feet with the northeast line of said proposed 0.69 acre casement nnd the southwest line of said I 08 .29 ncre tract to a point for comer; THENCE N 72° 01' 42" E -321.31 feet .'\cro ss said I 08 .29 acre tract with the northwest line of n proposed 0 .22 acre drainage e:isemcnt to a point of comer. and being the PLACE OF BEGINNL'iG; THENCE N 18° 13' 15'' W -14 .Bi feet acres~ snicl 108 .29 acre trnct to a point for comer; THENCE across said 108 .29 acre tract, mound the existin g stock pond, for the following calls : N 71° 46' 45" E-44.87 feet ; S 88° 43' 09" E-160 .00 feet; S 53° 43' 09" E -50 .00 feet; S 28° 43' 09" E-I i0.00 feet: S36u 16' 5l"W-66.06feet: S 73° 11' 31" W -67.46 feet ; N 53° 43' 09" W -139.<18 feet N 14° 43' 09" W-100 .00 feet S 75° 16' 51" W -85.00 fc:et THENCE N 14° 43' 09'' W -34.68 feet acro ss saiil 108 .29 ncre tract to a point for comer in the southeast line ofsnid proposed 0.22 ncrc drainage easement: THENCE N 72° 01' 42" E-18 .00 feet with soid southeast line to a point for comer. THENCE N 18° 13' i°S" W -30.00 feet with the northeast line of said 0.22 ncrc tract to the PL.\CE OF BEGINNING and containing 1.11 n~res uf land . ooon 1.r.20-t06tJJa11 Et.Zv-E69 16l.6J March 2001 Municipal Development Group College Station, Texas 0 4 1 0 7 0 0 0 2 2 1 · I (. • -·---·----·-·---·-··--···---·-·-----·-·--------·--·-·--··-·-------· -------··- 0740147 EXHIBITF Description ofDrajnni:e Plnns Drawings prepared by Terra Associates, Inc. consisting of the following sheets: Sheet Cl Sheet C2 Sheet CJ Sheet C4 Sheet CS Sheet C6 Sheet C7 Sheet CS Existing Conditions Construction Notes Site Grading Plan Site Utility Plan Site Drainage Pinn Utility Details Erosion Control Pinn Erosion Control Detail s at>dcmy .dlwltollcgc station\120600drairugc.4 .wpd F-1 Fil1d for Rrcoro in: MUl1S C!UITY, On: R{r 8-1 1 2981 at IU:JS:W Rs a Rtcoroinq1 D«u11nt llulbm R1a un t mam 38.00 Rmipt Nu1b1r -169729 By, Bdrbdra Johnson illE If DI !!llTY If I h!r!b! ttrl if1 lhil lbh i11ll"llnl A1 filrd 11lhldill11111 lilt 11i1111d btrttl by tt ad Iii dily rteftld b !ht 1tl•1 uj pl)' if th! Nlfd nttrds 111 la1ll!i!llKIT, ii 1\ilpld hint• by If, Apr 04 1 2001 0 4 1 0 7 0 0 0 2 3 1 .. . . I I . ~ ' •·· ~ •.- ,. ~· ··--·--··-····· ·····-·-. --·--· ... ·--~---... -~ ···--·-····· ••••••••• .:. ..... j~ To: From: October 13, 2011 Regular Agenda Item No. 1 Rezoning for 2672 Horse Haven Lane David Neeley , City Manager Bob Cowell , AICP, Director of Planning & Development Services Agenda Caption: Public Hearing , presentation , possible action , and discussion regarding an amendment to Chapter 12 , "Unified Development Ordinance ", Section 4.2, "Official Zoning Map " of the Code of Ordinances of the City of College Station , Texas by rezoning 8 .11 acres located at 2672 Horse Haven Lane from R-1 Single -Family Residential and A-0 Agricultural-Open to POD Planned Development District. Recommendation(s): The Planning and Zoning Commission considered this item at the ir September 15, 2011 meeting and voted 5-0 to recommend approval. Staff also recommended approval of the request. Summary: The Unified Development Ordinance provides the following review criteria for zoning map amendments : REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject property as General Commercial. The General Commercial land use designation is generally for areas that include office , retail , restaurants , and other high-intensity commercial uses . The uses proposed with this requested POD include self-storage and an accessory office , both of which are appropriate for the General Commercial land use designation . However, the proximity to existing residential uses puts the proposed land use at risk of conflict with the Neighborhood Integrity portion of the Comprehensive Plan . In order to address these potential conflicts , the developer has made additions to the proposal that will increase the uses compatibility to the neighborhood . 2 . Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The subject property is currently zoned A-0 Agricultural Open and R-1 Single-family Residential. The property is bound on the north side by Horse Haven Lane , which was built as a Local Street and was later designated as a Minor Collector on the Thoroughfare Plan . To the northeast and east sit eleven single- family lots, all built upon except one, that are zoned R-1 Single-family Residential , and the pasture portion of a small ranch zoned A-0 Agricultural-Open . The City of College Station has acquired Greenway property to the south and Academy Sporting Goods is developed as a POD to the west. The proposed use is compatible to Academy and the neighboring Gander Mountain store. The developer is proposing numerous site attributes and community benefits, many shown on the POD Concept Plan , to lessen the visual and audible impact of the use . These elements are being provided to increase the compatibility of the proposed use to the surrounding residential neighborhood . In addition the lesser intense commercial use acts as a transition from the intense retail uses along State Highway 6 to the single-family units . 83 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The subject property is located between Academy and Horse Haven Subdivision . Being previously developed as a well site and having an active telecommunications tower on the west side makes th is site more appropriate for non-residential development. The proposed use will act as a transition between the intense retailers along State Highway 6 and the single-family development to the east. In addition , this site will be dedicating a multi-use path along the eastern border of the developing portion and will be dedicating a blanket public access easements over the rear "Open Space " portion during the platting process . This will further enable future pedestrian and cyclist connectivity from Horse Haven to Raintree Subdivisions . 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is currently zoned R-1 Single-family Residential , which allows for high-density , detached , single-family residential uses. The suitability of the use is compromised due to the active telecommunications tower on the west side of the property. In addition , its proximity to two major retailers , Gander Mountain and Academy, leaves the property less appropriate for single -family development. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The marketab ility of the subject property as a single-family development is likely lessened by the existence of an active telecommunications tower on site . In addition , the configuration of the property would prove difficult for residential development since a local st reet would be required t o provide access to internal lots. This right-of-way would either be a cul-de-sac , thus limiting the number of lots that could be developed due to accessibil ity , or a loop that would increase the amount of right -of-way required and therefore reduce the number of lots . However, a self-storage facility will be able to serve the residential uses in the general area . 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located adjacent to an 8-inch water system which runs along Horse Haven Lane . The subject tract is located adjacent to an 18-inch sanitary sewer main found on the western property boundary . The site is in t he Wolf Pen Creek Drainage Basin , and is encroached by FEMA Regulated Flood Plain Zone AE per FEMA FIRM Panel 144C & 163D. Per the zoning request , the portion of floodplain encroaching into the property is to remain as open space . Future development of the tract will be required to meet the City 's Storm Water Design Guidelines . The subject tract will take access from Horse Haven Lane , which is designated as a two -lane Minor Collector on the City's Thoroughfare Plan . REVIEW OF CONCEPT PLAN The applicant has provided the following information related to th_e purpose and intent of the proposed zoning district: "To construct a personal storage facility for the surrounding community ." The proposed concept plan includes a self-storage facility, an accessory office , open space , and a multi-use path. Outdoor storage and the storage of moving trucks is expressly prohibited. The total building square foo tage is proposed to range between 25,000 and 35,000. The exterior buil d ings (along horse haven lane , the multi-use path , and next to Academy) will be a maximum of 25 -feet high and t he interior buildings will have a maximum height of 10-feet. Roof 84 pitch will be a minimum of 4 :12 for the buildings facing Horse Haven Lane , the multi-use path , and the building closet to Academy. Interior buildings are proposed to have a minimum of a 1 : 12 pitch (flat roof). Base Zoning and Meritorious Modifications The applicant is proposing to develop using the C-1 General Commercial zoning classification standards for the requested POD, while limiting the uses to self-storage and accessory office. At the time of plat and site plan, the project will need to meet all applicable site development standards and platting requirements of the UDO for the C-1 General Commercial zoning classification, except where meritorious modifications are granted with the POD zoning. The applicant is requesting the following meritorious modifications: 1. UDO Section 7.6 "Buffer" This section of the UDO requires a wall to be constructed between commercial and residential developments. However, Staff and the applicant were concerned of the safety of creating a "canyon effect" for the multi-use path that would discourage its use and reduce safety . In lieu of a wall, the applicant is proposing a decorative wrought iron fence and double landscaping along the eastern side of the developing portion . This will enable some visibility into the commercial site to allow people inside the development to see what is happening along the path, and the open side will increase air flow making it a more comfortable environment. In addition , the fence is proposed to be located on the development side of the buffer to allow the buffer landscaping to contribute to the aesthetics of the multi-use path and to create a wider area for bike and pedestrian traffic. This is in lieu of placing the buffer wall or fence less than one foot from the property line as required by this section . 2. UDO Section 8.2.G.2 "Blocks" According to subdivision regulations , block length must be broken along a street with a Restricted Thoroughfare Plan designation. The community and City Council has previously determined that Appomattox is not intended to connect between the Horse Haven and Raintree Subdivisions. Therefore , the applicant is requesting a modification to this requirement , and instead proposing to dedicate a 20-foot wide multi-use path and construct a 10-foot wide path along the eastern side of the developing portion of the property . This path location was determined by the Bicycle , Pedestrian , Greenways Master Plan . In addition, the developer has agreed to dedicate a blanket public access easement on the "Open Space " portion with the option for a future multi-use path dedication . The Unified Development Ordinance provides the following review criteria for POD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area: Facades facing Horse Haven Lane , the multi-use path , and the office building facing Academy will have 50-percent masonry (stone , brick, tile , or a concrete product simulating one of these materials), excepting all doors and windows . Low -profile roofs, both pitched and flat will be muted colors to decrease the visual impact of the use . A sidewalk connection will be made between the 10-foot wide multi-use path sidewalk and an existing public access easement sidewalk. Also , residential noise restriction 85 will be placed on the development to eliminate potential use incompatibilities . Freestanding signage will be limited to low-profile to reduce the amount of visual clutter upon entering the neighborhood. 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section: The Concept Plan reflects the policies, goals and objectives of the Comprehensive Plan as it relates to land use and character, connectivity, and neighborhood integrity. The General Commercial designation in the Comprehensive Plan Land Use Map is intended for areas that include intense commercial activity, as proposed with this POD . The Bicycle, Pedestrian , Greenways Master Plan is being followed with the proposed multi-use pa th. In addition , several components are proposed to promote and protect neighborhood integrity. a) Building facades facing Horse Haven Lane, the multi-use path , and the office building facing Academy will have 50-percent masonry (stone , brick, tile, or a concrete product simulating one of these materials), excepting all doors and windows . b) An arch will be constructed at the entrance of the multi-use path. c) Decorative wrought iron fencing will be provided along the multi-use path and at the rear of the developing area . d) Freestanding signage will be limited to low profile only. e) The buffer landscaping will be doubled . f ) Residential noise restriction will be implemented. g) The dumpster will be placed in a conscientious location. h) Site lighting will be attached to the building, and will not include pole mounted lights . 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development: The proposed land use , with additional compatibility components , acts as a development transition between Academy and Horse Haven Subd ivision . The multi use path with additional landscaping , an arched entrance and bench, and a connection to an existing public access easement may be considered a benefit to the commun ity. While downcast lights attached to the buildings, strategic dumpste r location , increased masonry, decorative , fencing , pitched roofs , and noise restrictions all contribute to the use compatibility . 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association: There are no residential uses proposed for this development. 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities: Public improvements will include the sidewalk along Horse Haven Lane; the 20-foot wide multi -use path with a 10-foot wide sidewalk, a bench , and decorative arch to indentify the multi-use path entrance ; a connector sidewalk to the existing public access easement that projects from Horse Haven Subdivision 86 ' into the subject property ; and the "Open Space ," wh ich will have a blanket public access easement upon platting. 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity: Along with bicycle and pedestrian improvements to increase safety cond itions , this proposed POD includes the implementation of residential noise level restrictions for the commercial development , locating the dumpster on the side farthest from residential uses, and combing a required buffer with a 20-foot wide multi-use path to create a 35-foot wide area between the res idential fence and the development's fence . In addition , pitched roofs are proposed in strategic locations to create harmony between the commercial and residential uses . 7 . The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area: The proposed development will increase safety by adding a sidewalk along Horse Haven Lane , a multi -use path containing a 10-foot wide sidewalk, and a varying width connector sidewalk to the Horse Haven Subdivision access easement and sidewalk. A traffic impact analysis was not requested for this project due to the t raffic level (144 trips per peak hour) estimated to be generated by this proposal. Budget & Financial Summary: N/A Attachments: 1. Background Information 2 . Aerial & Small Area Map (SAM) 3 . Draft Planning & Zoning Commission Minutes -September 15 , 2011 4 . Ordinance 87 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date : September 15, 2011 Advertised Council Hearing Dates: October 13, 2011 The following neighborhood organizations that are registered with the City of College Station 's Neighborhood Services have received a courtesy letter of notification of this public hearing : None . Property owner notices mailed : 31 None Contacts in support: Contacts in o pposition : Inquiry con tacts : One-This person is concerned about a commercial development injuring their property value . Three-All inquirers were amenable to the development. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North 2-Lane Minor NIA Horse Haven Lane Collector South Natural Areas-A-0 Agricultural-Open Vacant (City property) Reserved East Natural Areas-R-1 Single-Family Horse Haven Reserved Residential Subdivision ----------- A-0 Agricultural -Open Vacant portion of larger property West Natural Areas-POD Planned Academy Reserved and Development District General Commercial DEVELOPMENT HISTORY Annexation: September 1977 Zoning: Final Plat: Site development: A-0 Agricultural-Open (upon annexation) R-1 S.ingle-family Residential (2004 , front portion only) Un platted . This site was previously developed as an oil well , but is currently vacant with the exception of a telecommunication tower. 88 • (X) co DEVEL OP ENT REVIEW 2672 ORSE HAVEN LN c.o 0 ....... POD\ D=D©rnl~rn [}{]~ rn:oo ~®lY&tr~@\ DEVELO PME NT REVIEW 111-2 c-u R .& D P.r.tlJ D POD 2$721-:!0 RSE HAV EN LN IPC IQ -1 ~~-2 ta:>-~ CN flOO ICO Wo l P.n Crcet; 0 11>'1\ Car<lcr Ca • I lll1lllJ•I<! Ti'!ln!illmel NaU1 ¢. RMicle Mi al Mi:rl tQi<~e C11nidoo °'"''"" R<ide\l'elqim•~l Di~~ Kr!neH rain Ot/efla REZONI NG Cn 'Of CollEC..:E ST TION Ho 111r ofTc:i:asA&M Univmity• MINUTES PLANNING & ZONING COMMISSION Regular Meeting September 15, 2011, 7:00 p.m. City Hall Council Chambers College Station, Texas COMMISSIONERS PRESENT: Chairman Mike Ashfield, Jodi Warner, Bo Miles, Jerome Rektorik, Jim Ross COMMISSIONERS ABSENT: James Benham and Craig Hall CITY COUNCIL MEMBERS PRESENT: Karl Mooney CITY STAFF PRESENT: Bob Cowell , Lance Simms, Molly Hitchcock, Joe Guerra, Alan Gibbs, Jennifer Prochazka, Morgan Hester, Lauren Hovde, Venessa Garza, Adam Falco , Brittany Caldwell , and April Howard 1. Call meeting to order. Chairman Ashfield called the meeting to order at 7:00 p.m. Regular Agenda 5. Public hearing , presentation, possible action, and discussion regarding a request to rezone 8.11 acres located at 2672 Horse Haven Lane, generally located behind Academy, from R-1 Single-Family Residential and A-0 Agricultural-Open to PDD Planned Development District. Case# 11-00500116 (LH) (Note: Final action on this item is scheduled for the October 13, 2011 City Council Meeting-subject to change) Staff Planner Hovde presented the rezoning and recommended approval. There was general discussion regarding the rezoning. Alton Ofczarzak, property owner, stated that he was available for questions. Chairman Ashfield opened the public hearing . No one spoke during the public hearing. Chairman Ashfield closed the public hearing. Commissioner Ross motioned to recommend approval of the rezoning. Commissioner Rektorik seconded the motion, motion passed (S-0). 7 . Adjourn. September 15 , 2011 P&Z Regular Meeting Minutes 91 Page 1 of2 The meeting was adjourned at 7:15 p.m. Approved: Mike Ashfield, Chairman Planning & Zoning Commission Attest: Brittany Caldwell, Admin Support Specialist Planning & Development Services September 15, 2011 P&Z Regular Meeting Minutes Page 2 of2 92 ORDINANCE NO. -- 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, "Offic ial 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 13th day of October, 2011 APPROVED : MAYOR ATTEST: City Secretary APPROVED : 93 ORDINANCE NO. --------Page2 EXHIBIT "A" That Chapte r 12, "Unified Development Ordinance," Section 4 .2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows : The following property is rezoned from R-1 Single-Family Residential and A-0 Agricultural- Open to POD Planned Development District for the development of a storage facility and dedication of open space, with the restrictions listed in Exhibit "B", described in Exhibit "C", and graphically described in Exhibit "D", and in accordance with the Concept Plan shown in Exhibit "E" and as shown graph ically in Exhibit "F": 94 ORDINANCE NO . -------- EXHIBIT "8" Purpose & Intent: "To construct a personal storage facility for the surrounding community ." Permitted Uses: Tract 1: Self-Storage Facility (outdoor storage and storage of moving equipment/vehicles not included) Tract 1 : Accessory office Tract 2: Open Space Architectural Design Page 3 Facades facing Horse Haven Lane , the multi-use path , and the office building fac ing Academy will have 50-percent masonry (stone, brick , tile , or a concrete product simulating one of these materials), excepting all doo rs and windows . The total building square footage is proposed to range between 25 ,000 and 35 ,000 . The exterior buildings (along horse haven lane , the multi-use path, and next to Academy) will be a maximum of 25-feet high and the interior buildings will have a maximum height of 10-feet. Roof pitch will be a minimum of 4 : 12 for the buildings facing Horse Haven Lane , the multi-use path, and the building closet to Academy . Interior buildings are proposed to have a minimum of a 1: 12 pitch (flat roof). Low-profile roofs , both pitched and flat will be muted colors to decrease the v isual impact of the use . Signs Freestanding s ignage w ill be li mited to a low-profile option . Lighting Pole mounted signs are prohibited . Site lighting will be attached to the buildings and projected downward. Base Zoning and Meritorious Modifications The base zon ing is C-1 General Commercial , while lim iting the uses to self-storage and accessory office. At the time of plat and site plan , the project will need to meet all appl icable site development standards and platting requirements of the UDO for the C-1 General Commercial zoning classification , except where the following meritorious mod ifications are granted with the POD zon ing . 1. UDO Section 7.6 "Buffer" In lieu of a wall, a decorative wrought iron fence and double landscaping along the eastern s ide of the developing portion w ill be prov ided . The fence is proposed to be on the interior s ide of the buffer to keep the buffer area open to the mult i-use path . 95 ORDINANCE NO. ~~~~~~~~ Page4 2. UDO Section 8.2.G.2 "Blocks" A 20-foot wide multi-use path will be dedicated and a 10-foot wide path will be constructed along the eastern side of the developing portion of the property. A blanket public access easement will be dedicated on the "Open Space" portion (Tract 2) with the option for a future multi-use path dedication. Additional Features • 20-foot wide multi-use path and construct a 10-foot wide path along the eastern side of the developing portion of the property • An arch will be constructed at the entrance of the multi-use path. • A bench will be installed for the multi-use path . • Decorative wrought iron fencing will be provided along the multi-use path and at the rear of the developing area . • The buffer landscaping will be doubled. • Residential noise restriction will be implemented. • The dumpster will be placed in a conscientious location . • A sidewalk connection will be made between the 10-foot wide multi-use path sidewalk and an existing public access easement sidewalk . Specific Conditions of Zoning A blanket public access easement is dedicated over the entirety of Tract 2 when the property is platted. 96 ORDINANCE NO. ______ _ EXHIBIT "C" FIELD NOTES OFA i!.11 ACRE TRACT DEING A PORTION OF A CALLED 15.85 ACRE TRACT VOUTl\.fE 6413 .PAGE 107 MORGAN RECTOR LEAGU"Ei A-46 CITY OF COLLEGE STA.'rlON, BRAZOS COUNTY, TKXi\S Being alt of th at certain Jot, trac t, or parcel of land con tainin g 8. I I acre.s, lyi1lg ancJ being situ.nt.cd in th e Ml)rgao Rec tl\r !...<:ag ue, A-46, Brazos County, Texas , and being n portio n of a culled \5.R5 ocre lrncl of land described a.~ l11 e net acreage of Tract One in a deerl to O;ikwoud Custom Homes Group, Ltd., record ed in Volume 6413 Pn ge 107 of th e Official Record s of Brazo s County, Tc.,t1s. Saicl 8.11 acres of l1111d being more pm1ic1 1l arly describe d by met e~ and hounds ns follows: 'HEGINNL'fG nt a l/2" iro11 rod set ut the nonh comer of Lot l, of Rol'Sc H;iv cn Estate.s as re co rd ed in Volume 4285 Page 35, and being a westerly in terior corner of the herein described 8.l I acre tract of ltind . THENCE nlong the north line of sai d Lot l of Hor se Haven tstalcs , S 68"35'47'' W, a distr1ucc of 154 .10 fe et, (Called S 68"35'4T' W uncl 153.72') ton 1/2." iron rod found ~ta point along th .e so uth right of way lin e of Hoi:se Haven Lnne. ' THENCE along the so uth right of wny lin e of Horse Ha ve n L1ne. ns ca ll ed in till! plM for Horse Haven Est:1tcs, five calls : 1.) Tf.lliNCE N 41.46'36" E. a distance of 37 .48 feel (Call ed N 41 '43'48"E37.54') ton 1/2" iroa rod found. 2.) 'rllliNCE N 48°29'03" 11, n distance of 4.99 feet (Called N 48' 16' 1;i" W 5.00') to a 112" iron rod found. 3.) THENCE N 41°38' f 4" E, n dislllnce.of 127 .98 feel (Cnlk.d N 41'43'48''E:127.98') ton 112" Iron rod fo und nt the beginniJlg of n curve to the right, bnving n Radius of 501 .09 feet., Delli of 23'06'59'', and an AJc Ler1gth of202.17 foet. 4.) THENCE nloug said curve a Chord Beoring of N 53°17' 18" E, a disln .ncc of 200.80 feet to a 112" iron rod found nl the beginning of a curve to the left, havin g u Radius of 354.89 f ec-1, De lta of 08.16'33", and an Arc Length ol'SJ.26 feel. 5.) TlfENCE nlong said curvt:. a Chord Bearing of N 60°42'32 '' E, u di stance of 51 .22 fe et to a 112" iron rod found ut th e norrhwc~t co rner of Lot I, Dlock 3 of' l'lorsc. H11v cn Estares, Phase Three as re cor ded in Volume 7901 Page 165. THENCE dep1111i L1g tin: ~o uth right. of way line of Hotse Haven Lane, and along Lh e boundary of Phase Three, five calls, 1.) THENCE S 43•44 '0&" E. n diStaace of 118 .0 I feel (Calkd 117.91 ')lo 'a 1/2" iro11 rod found at the south corner of Lot l . 2.) THENCE along th e south line of Lot I, N 46°15'52" E. a di stanc e. of 40 .50 feet lo a 112" iron rod found. 3.) THENC£ along the so uth lin e of Lots 4-8, S 43°44'08" E. a dist.ince of 263.62 f"e.e t to a 112" iron rod found . 4.) THENCE alt)ng th e so urheast line of Lot S, N 88'23'46" E. n di stance of I 05.4 1 feet to a 1./2" iron rod sel. .5 .) iff£NCE along the southeast lin e of Lots 9·13 , N 46°09'58" E. a ~i.st anct of290.02 fe et (Called 2$8 . .50') 11> n 112" iron rod fow1d nt the norlhcasl co mer of the hereiii"ilesc ribccJ tract. l'oint being along th e west lin e of a 22 .00 acre lrJCt of !nail descn'bed in a deed to C. C-arl Kol bi; and Jeanne Kolbe recorded In Volume 2558 Page 133 . 'fHENCe al<>ng lhe Kolbe 22.00 acre Uucl , S 12"2.7 '22" E. passing on line o 1/2" Iron rocJ found for refcrcnce al a clistunce of 421. I 8 feet, nod continue in all, a Iota\ dl stnnce of 438 .81 li:ct lo n !fl" iron rod SC L. 'i'HENCE rnntinuing nlong th e Kolbe 22.00 ucrc trac1 , S 05°16 '.'iO" W, a dlst~nce of 100.14 fe et (Callt>d 99 .90') tn a 1/2" iron rod found nt th e nurlhca sl co rn er of a 2.70 acre trn ct o f land described inn deed to th e City of Colltgc Slat inn, Texas recorde.d in Volume 9717 Page 46. 97 Page 5 ORDINANCE NO. _____ _ EXHIBIT "C" CONTINUED THENCE along the City of Co ll ege Statio n tra ct, N 115"()0'00" W. a distnuce of 2(i0.05 feet to a 1/2" imn rod found. THENCE S 85 6 00'()(>" W. a di stno ce of 225 .00 feet to a 112" iro n rod fouml TI·IENCE S 65°00 '00" W, a distan ce of 180.0() kcl to a 112" iron rod found af(mg th e cas t lin e of $aid Lot I, Ho rse Haven Es lnl~. THENCE along tbe. east li ne of snicl Lo t I , N 26"39'32" W, a dista nce of 480.21 feet (Calle d N 26°42' W 479 .R') 10 THE POINT OF BEGINNlNG and contai ning 8.11 acre.~ of land ncconfiog lo a s\lrvey performed on lhe gr01 1nd unde r tJ1c supervision of Paul Williams Re gis tered Profess iona l Land Surveyor No . 574~. on Feh , 2011. 98 Page 6 CD CD m x I OJ -; q 0 § z ~ n tr:l z 0 ~ 0 0 ~.:,1' l~'51..:.~ ~:~~1 ~"5:' ;-_,~'l.J:;;' l.~:'i J' ~A~~::ci~ -\ ::l ,: n~...-t a.~··1nr.-r,: \ , ... :. ;;:,~-:.,:;~.~ ... ,\ ::...ft'~1.."'C! \ oc.-x,:;::.:' '\ ~T.~. ' \ ~ ..... \, C..:!':n=ll~·q :~ .. Co .>ot.C\'r:l.::t'tc:.'f'H'P.tqr;"l'C".t7t.r.'.f;t!,....._~ ;.-:..1. "-J;"'-~~~·:71<4 !1 ~ .>.!~>.;;rr.:wa·t.J.\,t;.,.~s" • 'lf·h'.,..,.o; ... :-•. n •);'. fl.l.".il."IV:.:;~'i":..J a.:J~t.ri',W.:..-c..< ~ ..... 11'\Lo£'"' C l .... N"_rl1,.~ ..... : .. .--.C""l!')'t-;..l 'l-1.fot£'1L>''J11L ld~ " 0:."-'11.GCi iM.\'tl~ ".J~'flu.i i:ru,nAl"-"".lf.tt.ll.!Jl'.i!;"'~:-:;.. 'lXLJl,11.~L'? .t!t(l..!JUf'+•;•,v;..i :;£-W f -.:i ·2i..LC"c;ii~~'Tl:rw-n:..:.am'4i:. ~n-~~~ ... 1 !-~ ;.v..;.: • .o.:i .~-..J 11 .4~. ~~ 't !;.~<:.:-A .~t.:.U.K4o ~ :i:"'~.u::ir\. ~:1. .. ·1 ,.~ CONCEPT PLA N 9.: ·1 . .r1r F.:S \>t!.IJ'd; 1CC·7~ •?Jlf:F: e.1 MCF.l:Af'i· .?.O,:T•:e 1..EACJE•. A-.<.6 •:·:JU.B:: :;;r.,qlati, S:>ti\Z~ ·:QJ,\F, T6"7.: :L'EJ2 HJ~ PJ...'IE>J l.A.'.E: !ae...:::·1•...:;i:I :crcz.::;;·.s. W 'l1 m x :r: OJ -l ~ 0 E§ z ~ n tr:1 z 0 ...... 0 ...... -POD\ C=O©~~~ C=O &W~LJ'\D ~@11&11 ~@, Zoning Districts R-3 Townhouse R-4 Mu lti-Fami ly A-0 Agricultural Open R-6 High Density Mu lti-Family A-OR Rural Residential Subdivision R-7 Manufactured Home Pari< R-1 Single Family Residential A-P Administrative/Professional R· 1B Single Family Residential C-1 General Commercial R-2 Duplex Residential C-2 Commercial-Industria l C-3 M-1 M-2 C-U R&D P-MUD POD Lig ht Commercial Light In dustrial Heavy In dustrial ' \ College and Un iversity Research and Development \ \ Planned Mixed-Use Development Planned Develo ent District \ / WPC NG -1 NG -2 NG -3 OV ROD KO DEVE LOPMENT REVIEW 11 2672 HORSE HAVEN LN I Case : . 11-112 A-< Wo~ Pen Creek Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor overlay Redevelopment District Krene k Ta overla REZONING m x I OJ -; ""1J 0 § z ~ () trJ z 0 REQUEST: SCALE: LOCATION: APPLICANT: PROJECT MANAGER: RECOMMENDATION: C·11"v c·)1··· Cc ·)·! ·1 ·1···c 1···· S1" \T ·1·c)N . . l . ."' . . ............ ~ ,l ... '.. . j ' . l i Home ofTexr/S A&M Univ ers ity " REZONING REQUEST FOR 2672 HORSE HAVEN LANE 11-00500112 Rezone from R-1 Single-Family Residential and A-0 Agricultural-Open to POD Planned Development District 8 .11 acres 2672 Horse Haven Lane Mike Hester, P.E ., Hester Engineering Company Lauren A. Hovde , Staff Planner lhovde@cstx .gov Approval. Plann ing and Zoning Commission Meeting September 15, 2011 Page 1 of 8 23 Cf) -0 CD -"O [I) -::J CD ::J 3 5 · er tO CD Ill ..... ::J ~ 0. _CJl N NO o::J -lo. 5 · ~(Q () 0 3 3 u;· (j) 6" ::J ~ CD ~ ::J (Q -0 [I) (Q CD N 0 -co 2672 HORSE HAVEN LN DEVELOPMENT REVIEW REZONING 11-112 N U'1 (f) IJ ro - ""O Ill _::::i ro ::::i 3 s· o-<C ro ru ~ :::J --" 0.. -°' N NO o::::i _.lo. s· --"<C IJ Ill <C ro VJ 0 -CXl -POD\ G=G ©oo~~ 0=0 1~w~u.n ~®ut.iu~~ Zoning Distri cts R-3 R-4 R-6 R-7 A-P C-1 Ta1.rn hou&e Multi-F am~y A-0 A-OR R-1 R-1B R -2 A111"lt ull u1al Open Rural Re~d en11al SubdMs1or1 Single Family Residential Single Family Resldontial DunleK Reside-nt1al C -~ High Density Muni-F amly Manufa cha ed Herne Park /ld1 ·ni~1a tivelP 1 ofe ssional Ge neral C ommercial COOlmertial-ln duslrial C -3 M-1 M-2 C -U R S D P.MUO POD ' \ \ \ \ I J '· / ....... Light Commercial Licht In dustrial Hea·."J Indu strial College and Universi Re<ear ch and Development Plan n ed Mi xed-Use Cl<>velopnent Planned Develoomeni Di stflcl DEVELO P MEN T REVIEW 2672 HORSE HAVEN L N vwc NG-1 NG -2 1-lG -3 o·,; ROD KO A- / / / ' / 6 Won Pen C 1 ee~ Dev. Corridor Core l~or1hgate Tran silion al North gal• Residential NCfthgate Ccn ida °''~"Y Redevelopment Distnct Krenek Ta o Ove1I• ' NOTIFICATIONS Advertised Commission Hearing Date : September 15 , 2011 Advertised Council Hearing Dates: October 13 , 2011 The following neighborhood organizations that are registered with the City of College Station 's Neighborhood Services have received a courtesy letter of notification of this public hearing : None . Property owner notices mailed: 31 None Contacts in support : Contacts in opposit ion : Inqu iry contacts : One-This person is concerned about a commercial development injuring their property value . Three-All inquirers were amenable to the development. ADJACENT LAND USES Direction Comprehensive Plan North 2-Lane Minor Collector South Natural Areas- Reserved East Natural Areas- Reserved West Natural Areas- Reserved and General Commercial DEVELOPMENT HISTORY Annexation: September 1977 Zonina NIA A-0 Agricultural-Open R-1 Single-Family Residential ----- A-0 Agricultural-Open POD Planned Development District Zoning: A-0 Agricultural-Open (upon annexation) Land Use Horse Haven Lane Vacant (City property) r;-..... .,..~~· Horse Have rf Subdivision ------ Vacant portion of laroer orooertv Academy Final Plat: R-1 Single-family Residential (2004 , front portion only) Un platted . Site development: This site was previously developed as an oil well , but is currently vacant with the exception of a telecommunicat ion tower. REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject property as General Commercial. The General Commercial land use designation is generally for areas that include office , retail, restaurants , and other high- intensity commercial uses . The uses proposed with this requested POD include self-storage and an accessory office , both of which are appropriate for the General Commercial land use designation. Planning and Zoning Commission Meeting September 15, 2011 26 Page 4 of 8 However, the proximity to existing resident ia l uses puts the proposed land use at risk of conflic t with the Ne ighborhood Integrity portion of the Comprehens ive Plan . In order to address these potential confli cts , the developer has made addit ions to the proposal that w ill increase the uses compa ti b ility to the neighborhood . 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The subject prope rt y is currently zoned A-0 Agricultural Open and R-1 Single -family Residentia l. The property is bound on the north side by Horse Haven Lane , which was bui lt as a Local Street and was later designated as a Minor Collector on the Thoroughfare Plan. To the northeast and east sit eleven single-fam ily lots , all buil t upon except one , that are zoned R-1 Single-family Res idential , and the pasture portion of a small ranch zoned A-0 Agricultural-Open . The City of College Station has acquired Greenway property to the south and Academy Sporting Goods is developed as a POD to the west. The proposed use is compatible to Academy and the ne ighboring Gander Mountain store . The developer is propos ing numerous site attributes and community benefits , many shown on the POD Concept Plan , to lessen the visual and audible impact of the use . These elements are being prov ided to increase the compatib ility of the proposed use to the surround ing res idential neighborhood . In addition the lesser intense commercial use acts as a trans ition from the intense retail uses along State Highway 6 to the sing le-family un its . 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The subject property is located between Academy and Horse Haven Subd iv ision . Be ing previously developed as a well site and hav ing an act ive telecommunications tower on the west side makes this s ite more appropriate for non-residential development. The proposed use will act as a transition between the intense retai lers along State Highway 6 and the single-family development to the east. In addition , this site wi ll be dedicat ing a mult i-use ath alon the er er a eJL.e!.Q.Q · ortion and w ill be dedi atin anket ublic access easements over the rear "O en S ace " ortion durin j he latt in roe his will u er e a e tu e edest · and c clist connect iv ity from Horse Haven to Ra intree Subd iv isions . 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is cur rently zoned R-1 S ing le-family Residential , which allows fo r h igh-dens ity , detached , s ingle-family res idential uses . The suitability of the use is comprom ised due to the active telecommun ications towe r on the west side of the property . In addition , its proximity to two maj or reta ilers , Gande r Mou nta in and Academy , leaves the property less appropriate fo r s ingle -fam ily developmen t. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The marketabil ity of the s ubj ect property as a s ingle-family development is likely lessened by the ex istence of an act ive telecommunications tower on site . In addition , the configuration of the property would prove d ifficult fo r residential development si nce a local street would be required to provide access to interna l lots . Th is right-of-way would e ither be a cul-de-sac , thus lim it ing the number of lots tha t could be developed due to accessibility , or a loop that would increase the amount of right -of-way required and t herefore reduce the number of lots . However , a self-storage facility w ill be able to serve the res ident ial uses in the general area . 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located adjacent to an 8-inch wa t er system wh ich r uns along Horse Haven Lane . The subj ect tract is located adjace nt to an 18-inch san itary sewer main found on the western property boundary . The site is in the Wolf Pen Creek Dra inage Bas in , and is encroached by FEMA Regulated Flood Plain Zone AE per FEMA FIRM Plan ning an d Zon ing Co mmissio n Meeting Se pte mber 15 , 20 11 27 Page 5 of 8 Panel 144C & 1630. Per the zoning request , the portion of floodplain encroaching into the property is to remain as open space . Future development of the tract will be required to meet the City 's Storm Water Design Guidelines . The subject tract will take access from Horse Haven Lane , which is designated as a two-lane Minor Collector on the City's Thoroughfare Plan . REVIEW OF CONCEPT PLAN The applicant has provided the following information related to the purpose and intent of the proposed zoning district: "To construct a personal storage facility for the surrounding community ." The proposed concept plan includes a self-storage facility , an accessory office , open space , and a multi-use path . Outdoor storage and the storage of moving trucks is expressly prohibited . The total building square footage is proposed to range between 25 ,000 and 35 ,000 . The exterior buildings (along horse haven lane , the multi-use path , and next to Academy) will be a maximum of 25-feet high and the interior buildings will have a maximum height of 10-feet. Roof pitch will be a minimum of 4: 12 for the buildings facing Horse Haven Lane , the multi-use path , and the building closet to Academy. Interior buildings are proposed to have a minimum of a 1: 12 pitch (flat roof). Base Zoning and Meritorious Modifications The applicant is proposing to develop using the C-1 General Commercial zoning classification standards for the requested PDD ,while limiting the uses to self-storage and accessory office . At the time of plat and site plan, the project will need to meet all applicable site development standards and platting requirements of the UDO for the C-1 General Commercial zoning classification , except where meritorious modifications are granted with the POD zoning . The applicant is requesting the following meritorious modifications : 1. UDO Section 7.6 "Buffer" This section of the UDO requires a wall to be constructed between commercial and residential developments . However, Staff and the applicant were concerned of the safety of creating a "canyon effect" for the multi-use path that would discourage its use and reduce safety . In lieu of a wall , the applicant is proposing a decorative wrou ht iron fence and double landscaping along the eastern side of the developing portion . This will enable some visibility into the commercial s ite to allow people inside the development to see what is happening along the path , and the open side will increase air flow making it a more comfortable environment. In addition , the fence is proposed to be located on the development side of the buffer to allow the buffer landscap ing to contribute to the aesthetics of the multi-use path and to create a wider area for bike and pedestrian traffic . This is in lieu of placing the buffer wall or fence less than one foot from the property line as required by this section. 2. UDO Section 8.2.G.2 "Blocks" Plann ing and Zoning Commission Meeting Septemb e r 15 , 20 11 Pag e 6 of 8 28 agreed to dedicate a blanket ublic access easement on the "Open Space " portion w ith the op ion or a .ulti..,us e-p aU::l-Qe GiGati G The Unified Development Ordinance provides the following review criteria for POD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area: Facades facing Horse Haven Lane , the mult i-use path , and the office building facing Academy will have 50 -percent masonry (stone , brick , t ile , or a concrete product s imulating one of these materials), excepting all doors and w indows . Low-profile roofs , both t::-ff- pitched and flat w ill be muted colors to decrease the visua l impact of the use . A sidewalk connecti on ~ - will be made between the 10-foot wide multi-use ath s jdewalk and an exist ing public access easement s1 ewa . Also , res1 en ial noise restriction will be placed on the development to e li minate potent ial use incompat ibilities . Freestanding signage will be limited to low-profile to reduce the amount of visual clutte r upon ente ri ng the ne ighborhood . 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section: The Concept Plan reflects the po licies, goals and objectives of the Comp rehensive Plan as it relates to land use and character , connect ivity , and ne ighborhood integrity . The Genera l Comme rc ial des ignat ion in the Comprehens ive Plan Land Use Map is intended for areas that include intense commerc ial activity , as proposed w ith th is POD. The Bicycle , Pedestrian , Greenways Master Plan is being followed with the proposed multi-use path . In addition , several components are proposed to pro mote and protect neighborhood integrity . a) Buil d ing facades facing Horse Haven Lane , the mu lt i-use path , and the office bu il ding fac ing Academy will have 50-percent masonry (stone , br ick , tile , or a concrete prod uct simulating one of these materials), excepting all doors and windows . b) An arch will be constructed at the entrance of the multi -use pa t h. c) Decorat ive wrought iron fenc ing will be provided along the mult i-use path and at th e rear of the developing area . d) Freestanding signage will be limited to low profile only . e) The buffer landscaping will be doubled . f) Res idential no ise restriction will be implemented . g) The dumpster will be placed in a conscientious locat ion . h) Sit e li ghting w ill be attached to the build ing , and will not include pole mounted lights . 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development: The proposed land use , with addit ional compatibility components , ac ts as a development transition between Academy and Horse Haven Subdiv ision . The mult i use path w ith additiona l landscaping , an arched ent rance and bench .and a connect ion to an ex ist ing public access easement may be cons idered a benefit to the commun ity . Wh il e downcas t lights attached to the bu il d ings , strategic dumpster location , inc reased masonry , decorative , fencing , pitched roofs , and noise restrictions all contribute to the use compatibility. Pl ann ing and Z on ing Co mmissio n Meeti ng Se pt ember 15 , 20 11 29 Pa ge 7 of 8 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association: There are no residential uses proposed for this development. 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities: Public improvements will include the sidewalk along Horse Haven Lane ; the 20-foot wide multi-use path with a 10-foot wide sidewalk, a bench , and decorative arch to indentify the multi-use path entrance ; a connector sidewalk to the existing public access easement that projects from Horse Haven Subdivision into the subject property ; and the "Open Space ," which will have a blanket public access easement upon platting. 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity: Along with bicycle and pedestrian improvements to increase safety conditions , this proposed POD includes the implementation of residential noise level restrictions for the commercial development , locating the dumpster on the s ide farthest from residential uses , and combing a required buffer with a 20-foot wide multi-use path to create a 35-foot wide area between the residential fence and the development 's fence . In addition , pitched roofs are proposed in strategic locations to create harmony between the commercial and residential uses . 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area: The proposed development will increase safety by adding a sidewalk along Horse Haven Lane , a multi-use path containing a 10-foot wide sidewalk , and a varying width connector sidewalk to the Horse Haven Subdivision access easement and sidewalk . A traffic impact analysis was not requested for this project due to the traffic level ( 144 trips per peak hour) estimated to be generated by this proposal. STAFF RECOMMENDATION Staff recommends approval of the rezoning request and associated Concept Plan based on their compliance with the Comprehensive Plan due to the proposed components which increase compat ibility with the neighborhood . SUPPORTING MA TE RIALS 1. Application 3. Rezoning Map (provided in packet) 4 . Concept Plan (provided in packet) Plann ing and Zoning Commission Meeting Septemb er 15 , 201 1 Page 8 of 8 FOR OFFIC\E ~ 9fjL Y CASE NO .: \ 1 " -{ .....,, DATE SUBMITTEl-<D:...........,.q~v 0~_,~1-+1- CnY o r COLI.EGE s·m'l'ION Homr of'k..,11 A6M U11/11mi(J'• TIME : 3'.o STAFF : ZONING MAP AMENDMENT (REZONING) APPLICATION PLANNED DISTRICTS (Check one) 0 Planned Development District (PDD) D Planned -Mixed Used Development (P-MUD) MINIMUM SUBMITTAL REQUIREMENTS: 0$1,165 Rezoning Application Fee . [Kl Applicat ion completed in full. This application form provided by the City of College Stat ion must be used and may not be adjusted or altered. Please attach pages if additional information is prov ided. [i] Traffic Impact Analysis or calculations of projected vehicle trips showing that a TIA is not necessary for the proposed request. 0 One (1) copy of a fully dimensioned Rezoning Map on 24"x36" paper showing : a. Land affected; b. Legal description of area of proposed change; c. Present zoning ; d. Zoning classification of all abutting land ; and e. All public and private rights-of-way and easements bounding and intersecting subject land . [i] Wr itten legal description of subject property (metes & bounds or lot & block of subdivision , whichever is applicable). [R] A CAD (dxf/dwg ) -model space State Plane NAD 83 or GIS (shp) digital file (e-mailed to P&DS_Digital _Submittal@cstx.gov). ~ Fourteen (14) copies of the Concept Plan on 24"x36" paper in accordance with Section 3.4 .D of the UDO . ~ The attached Concept Plan checklist with all items checked off or a brief explanation as to why they are not chec ked off. NOTE: If a petition for rezoning is denied by the City Council, another application for rezoning shall not be filed within a period of 180 days from the date of denial, except w it h permission of the Planning & Zoning Commis sion. Date of Opt iona l Preappli cation Conference _2_-_16_-_1 _1 ---------------------- NAM E OF PROJECT WE RENT STORAGE ~------------------------------- ADDRESS 2672 HORSE HAVEN LANE ---+L-1-'EGAL--8ESGRIP:HG-N-fbet,BleG~YbciMsiGn1f) -':'.:8::'.:1 ::'.::1 :'.::'.A'.:'.:'.CR:'.:E::::I::R~A:::CI:=:10~0'.:'.::7:::6/~8~1===============--­ GENERAL LOCATION OF PROPERTY IF NOT PLATTED : SOUTH SIDE OF HORSE HAVEN LANE BEHIND ACADEMY TOTAL ACREAGE 8.11 ACRES -------------------------------~ ITE TRIP GENERATIONS RATES -BTH EDITION ITE TRIP GENER ATION -MINI WAREHOUSE (151) 2.7 AC @ 35.43 PEAK HOUR = 96 TOTAL GENERATED DAILY TRIPS 10/10 Pag e 1 of 7 31 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name MICHAEL G. HESTER, P.E. HESTER ENGINEERING COMPANY E-mail mhester@he ster-engr.com Street Address 7607 EASTMARK DRIVE, SUITE 253-B City COLLEGE STATION StateT _E_X_A_S ______ Zip Code _7_7_8_4_0 ___ _ Phone Number 979-693-1100 Fax Number --------------- PROPERTY OWNER'S INFORMATION: Name AL TON OFCZARZAK, MANAGING MEMBER , TOG , MANAGEMENT, LP E-mail moni ca@oak chb .com Street Address 4060 STATE HIGHWAY 6 SOUTH State TEXAS City COLLEG E STATION Zip Code 77845 ------- Phone Number 979 -690 -1504 Fax Number --------------- OTHER CONTACTS (Please specify type of contact, i.e. project manager, potential buyer, local contact , etc.): Name E-mail ---------------------~ ---------- Street Address City State ----------------________ Zip Code Phone Number Fax Number --------------- This property was conveyed to owner by deed dated MARCH 17, 2011 and recorded in Volume 10006, Page~ of the Brazos County Off icial Records. Existing Zon ing R-1 & A-0 Proposed Zoning POD -------------- Present Use of Property VACANT ------------------------------ Proposed Use of Property PERSONAL STORAGE FACILITY & OPEN SPACE Proposed Use(s) of Property for POD, if applicable : THE PRO POSED POD IS BASED OFF OF A C1 ZONING DISTRICT FOR ALL STANDARDS NOT SPECIFIED IN THIS PROPOSAL . THE PROPO SED USES INCLUDE PERSONAL STORAGE, BICYCLE AND PEDESTRIAN CONNECTIVITY FACILITIES AND AN ACCESSORY OFFICE FO R THE SELF STORAGE . P-MUD uses are prescr ibed in Section 6.2 .C. Use Table of the Unified Development Ordinance . If P-MUD : Approx imate percentage of residential land uses : NA --------------------- Approximate percentage of non-residential land uses : NA ------------------~ -----------+e~<--iNfN-6-sH.PP9Rf-fN·G-l-NFGRMMl\::H ... r------------ 1. List the changed or changing conditions in the area or in the City which make this zone change necessary. 10/10 THE SI TE IS ZONED R-1 & A -0 AND THE PORTION PROPOSED FOR THE SELF STORAGE FACILITY WAS PREVIOU SLY A WELL SITE AND THE NOW VACANT INFILL TRACT WILL BE DEVELOPED INTO AN ATTRACTIVE PERSONAL STORAGE FACILITY AND THE REMAINDER WILL WE OPEN SPACE . Pag e 2 of 7 32 2. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. THE PROPOSED USE MAY BE CONSIDERED APPROPRIATE FOR THE GENERAL COMMERCIAL LAND USE DESIGNATION WITH THE PROPOSED ALTERNATIONS TO MAKE IT MORE COMPATABLE WITH THE EXISTING NEIGHBORHOOD. 3. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? INCREASED COMPATABILITY ELEMENTS ARE BEING PROPOSED SUCH AS A MULTI USE PATH, A DECORATIVE WROUGHT IRON FENCING AT THE REAR AND AGAINST THE MULTI -USE PATH, RESIDENTIAL NOISE LEVEL RESTRICTIONS, LOW -PROFILE SIGNAGE, A DECORATIVE MULTI USE PATH ENTRANCE, 50-PERCENT FACADE MASONARY AND MINIMUM 4:12 PITCHED ROOFS ON ON THE EXTERIOR BUILDINGS . 4. Explain the suitability of the property for uses permitted by the rezoning district requested. THE PROPOSED ZONING IS SUITABLE BECAUSE IT WILL FILL IN A VACANT LOT ADJACENT TO EXISTING COMMERCIAL TRACTS AND CREATE A COHESIVE UNIT IN THIS AREA. 5. Explain the suitability of the property for uses permitted by the current zoning district. SPATIAL CONSTRAINTS AND THE CONFIGURATION OF THE TRACT WILL NOT ALLOW FOR A PROPER LAYOUT OF SINGLE FAMILY RESIDENTIAL LOTS . ALSO THERE IS AN EXISTING TELECOMMUNICATIONS TOWER ON THE TRACT THAT WILL REMAIN . 6. Explain the marketability of the property for uses permitted by the current zoning district. SPATIAL CONSTRAINTS AND THE CONFIGURATION OF THE TRACT WILL NOT ALLOW A FEASIBLE LAYOUT OF SINGLE FAMILY RESIDENTIAL LOTS . 7. List any other reasons to support this zone change. THE PERSONAL STORAGE FACILITY WILL PROVIDE STORAGE FOR THE SURROUNDING NEIGHBORHOOD . 10/10 Pa ge 3 of 7 33 8. State the purpose and intent of the proposed development. TO CONSTRUCT A PERSONAL STORAGE FACILITY FOR THE SURROUNDING COMMUNITY . CONCEPT PLAN SUPPORTING INFORMATION 1. What is the range of future building heights? THE EXTERIOR BUILDINGS WITH A MINIMUM 4:12 ROOF PITCH (ALONG HORSE HAVEN LANE, THE MULTI-USE PATH AND NEXT TO THE ACADEMY STORE) WILL BE A MAXIMUM OF 25-FEET HIGH AND THE INTERIOR BUILDINGS WILL HAVE A MAXIMUM HEIGHT OF 10-FEET IF 1 :12 ROOF PITCH IS USED OR A MAXIMUM OF 20 -FEET IF THE ROOF PITCH IS AT LEAST 4:12. THE TOTAL BUILDING SQUARE FOO TA GE WILL RANGE BETWEEN 25,000 & 35,000 SQUARE FEET. 2. Provide a general statement regarding the proposed drainage. THE STORM RUNOFF WILL FLOW THROUGH THE DRIVEWAYS AND STORM SEWER SYSTEM AND DISCHARGE INTO WOLF PEN CREEK WHICH IS ADJACENT TO THIS TRACT. 3. Lis t the general bulk or dimensional variations sought. SECTION 8.2 G2 BLOCK LENGTH SECTION 7.6 REQUIRING CONSTRUCT IO N OF A BUFFER WALL 4. If va riations are sought, please provide a list of commu nity benefits and /or innovative design concepts to justify the re uest. 10/10 COMMUNITY BENEFITS: A MULTI USE PATH DEDICATION THROUGH THE DEVELOPED PORTION OF THE TRACT . A 10-FOOT WIDE SIDEWALK IN THE MULTI USE PATH DED ICATION. A VARYING WIDTH CONNECTOR SIDEWALK TO AN EXISTING PUBLIC ACCESS EASEMENT . DECORAT IV E WROUGHT IRON FENCING ALONG THE SIDE AND REAR OF THE DEVELOPED PORTIONS. DOUBLE LANDSCAPE PLANTINGS IN THE BUFFER DUE TO THE SUBSIT UTI ON OF THE STANDARD WALL WITH THE DECORATIVE WROUGHT IRO N FENCE. Page 4 of 7 34 5. Explain how the concept plan proposal will constitute and environment of sustained stability and will be in harmony with the character of the surrounding area. ADDITIONAL MASONRY {SO -PERCENT) ON ALL EXTERIOR BUILDING WALLS , EXCLUDING DOORS AND WINDOWS TO MAKE IT LOOK MORE RESIDENTIAL FRIENDLY. THE STORAGE BUILDINGS WILL HAVE 100-PERCENT MASONARY EXCEPT THE DOORS, HAVE LOW FLAT ROOFS AND WILL HAVE MUTED COLORS TO DECREASE THE VISUAL IMPACT OF THE USE. ROOF PITCH WILL VARY FROM A MINIMUM OF 4:12 FOR THE BUILDINGS ADJACENT TO ACADEMY , HORSE HAVEN LANE & THE MULTI USE PATH AND 1 :12 FOR THE INTERIOR BUILD INGS . A SIDEWALK CONNECTION WILL BE MADE BETWEEN THE 10 -FOOT WIDE MULIT USE PATH SIDEWALK AND AN EXISTING PUBLIC ACCESS EASEMENT SIDEWALK . 6. Explain how the proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan. THIS PROPOSAL COMBINES THE DESIGNATED LAND USE WITH ADDITIONAL PROPOSED ELEMENTS TO MAINTAIN THE COMMUMITY CHARACTER . 7. Explain how the concept plan proposal Is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development. THE PROPOSED IMPROVEMENTS INCREASE COMMUNITY BENEFITS WITH ARCHITECTURAL ENHANCEMENTS, THE MULTI USE PATH WITH ADDITIONAL LANDSCAPING, AN ARCHED ENTRANCE, A CONNECTION TO AN EXISTING PUBLIC ACCESSS EASEMENT. LIGHTING WILL BE PROVIDED BY DOWN CAST LIGHTS ATTACHED TO THE BUILDINGS . THE SOLID WASTE DUMPSTER WILL BE PLACED ON THE OPPOSITE SIDE OF THE RESIDENTIAL LOTS . LEASE RESTRICTIONS WILL BE PLACED ON THE UNITS TO ASSURE ADHEARANCE TO RESIDENTIAL NOISE LEVEL RESTRICTIONS . 8. State how dwelllnq units shall have access to a public street if they do not front on a public street. NA 9. State how the development has provided adequate public improvements, including, but not limited to: parks, schools, an o fier public fac1ITt1es. 10/10 PUBLIC IMPROVEMENTS WILL INCLUDE THE SIDEWALK ALONG HORSE HAVEN LANE, THE MULTI USE PATH WITH THE CONNECTION TO THE EXISTING PUBLIC ACCESS EASEMENT AND THE OPEN AREA WILL HAVE A BLANKET PUBLIC ACCESS EASEMENT . Page 5 of 7 35 1 o. Explain how the concept plan proposal will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. IMPROVEMENTS WILL IN CL UDE THE SIDEWALK ALONG HORSE HAVEN LANE, THE MULTI USE PATH WITH THE CONNECTION TO THE EXISTING PUBLIC ACCESS EASEMENT AND THE OPEN AREA WILL HAVE A BLANKET PUBLIC ACCESS EASEMENT. THE MULTI USE PATH WILL HAVE A DECORATIVE WROUGHT IRON FENCE . 11. Explain how the concept plan proposal will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vic inity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable anticipated in the area considering existing zoning and land uses in the area. PEDESTR IAN CIRCULATION WILL BE IMPROVED BY THE MULTI USE PATH SIDEWALK CONNECTION. Please note that a "complete site plan" must be submitted to Planning & Development Services for a formal review after the "concept plan" has been approved by the City Council prior to the issuance of a building permit -except for single- family development. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accomp_anifilfJlY-. proof of authoritv for the comg_anv's representative to si n the a lication on its behalf. 9 ~I -(\ Date 10/10 Pa ge 6 of 7 36