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Regular Agenda Item No. 12.4 -- Public hearing, discussion, and possible action concerning the
annual review of the City's Comprehensive Plan and Unified Development Ordinance(UDO %.
The Council will consider amendments to Articles 1 -11 of the UDO including but not limited to
development regulations, parking requirements and specific use standards.
Director of Development Services Joey Dunn remarked that the City's Unified Development Ordinance
provides for an annual review of the City's Comprehensive Plan and Unified Development Ordinance.
The majority of the changes in the Unified Development Ordinance are clerical; however, there are four
proposed changes to the Unified Development Ordinance identified below:
Attached Sign_ Regulations
• Allowing additional signage for buildings on corner lots including the endcaps of shopping
centers if a public entrance is provided.
• Establishing commercial banner provisions to allow one banner per commercial building, tenant
lease space or multi - family development not to exceed 4' x 12' and maintenance is required.
Also banners would be prohibited in the Wolf Pen Creek and Overlay Districts.
Retail Sales and Service
• A change to the specific use standards that will allow limited storage in C -1 and limited retail
sales in C -2.
Driving Ranges
• Driving ranges are currently allowed in the existing code; however, the proposed standards will
provide additional buffering, screening, lighting and parking requirements.
Sexually- Oriented Business (SOB)
The Unified Development Ordinance currently regulates sexually- oriented businesses. However,
through the annual review, staff determined that alternative sites need to be made available to comply
with federal case law. The Supreme Court has held that cities cannot totally ban Sexually- Oriented
Businesses; however, they can regulate the location, limiting to 5% of the City's geographic area. The
overall concept is to allow Sexually- Oriented Businesses in commercial and industrial zoning districts
with buffering of protected uses, residential zoning districts and portions of major roadways. In order to
achieve this concept, the following modifications were recommended:
• In addition to C -2 Commercial Industrial and M -2 Heavy Industrial zoning districts, SOB's will
be permitted uses in C -1 General Commercial, M -1 Light Industrial and R &D Research and
Development zoning districts. But, adding these additional zoning districts still did not provide
for 5% of the City's area.
• As a result, three additional areas or tracts of land were added to reach the 5% requirement. The
following tracts were selected based on their proposed land use according to the City's Land Use
Plan, access to major roadways and distance from existing residential areas. The Unified
Development Ordinance includes an amendment that will allow SOB's as a permitted use on three
specific tracts regardless of distance separation requirements.
• The protected uses from SOB's has been modified to only include the following:
o Elementary and Secondary schools
o Public neighborhood Parks
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o Day Care Enters
o Colleges and Universities
Distance separation requirements from SOB's and protected uses or residential districts have
been modified to 400 ft.
• Prohibited locations along major roadways have been modified to include a 400 ft. setback from
the rights -of -way of the following thoroughfares:
o Texas Avenue — This includes the portion of Texas Avenue from the northern city limits
line with the City of Bryan to the Harvey Mitchell Parkway intersection.
o University Drive — This includes the portion of University Drive from Texas Avenue
intersection to Earl Rudder Freeway.
As directed by City Council on September 9, 2004, staff prepared an alternative to this scenario that is
site specific and provides for a total of ten potential sites in which an SOB could locate. The sites vary
in size and are located throughout in the City. The seconded proposals was for regulating SOB's as site
specific. In addition, the minimum buffering requirements would include a 50 ft. landscaped area with 6
ft. masonry wall. Mr. Dunn described and presented graphics of the ten potential sites.
The Council recessed for a short break at 8:36 p.m. and returned to the regular meeting at 8:50 p.m.
Mayor Silvia opened the public hearing.
The following citizens spoke in opposition of the sites selected for the sexually oriented businesses.
Sheryl Welford, 3200 Salzburg Court, Edelweiss Homeowners Association
Butch Smith, 3991 Windfree Drive
Nate Bower, Harvey Hillside
Clair Nixon, 111 Lee Avenue
Andrew Trefethen, 3531 Graz Dr.
John Grant, 252 Stuttgart Circle
Roy Lackey, 5006 Crystal Downs Court
Marcella Colbert, 505 Nagle, Apt. 104
Ted Hopgood, 4600 Mont Circle
Dana Bush, 5112 Sycamore Hills
Chris Osborn, 5844 Easterling, Bryan
Mike Latham, Real Estate Agent
Dennis Mucha, College Station
Tim Roman, College Station
Dave Jones, College Station
Thon Hoppess, 5101 Spanish Box
Barbara Reese, College Station
Don Jones, 804 Berry Creek
Jessica Jimmerson, 3211 Westwood Main
Tom Matter, College Station
Diane Forsyth, 5108 Bellerive Bend
Joe Martin, College Station
Doug Colebernick, College Station
Jeff Asbill, 8200 Raintree Drive
Tracy Thompson, College Station
Sherry Ellison, 2705 Brookway Drive
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Jason Schubert, College Station ��, . ��. . L,, , �e- \r,; � : i <c \:D. .,.C
John Lynn, College Station
Mayor Silvia closed the public hearing.
Council member Berry moved to enter into executive session to consult with the City Attorney. Council
member Happ seconded the motion. Motion failed by a vote of 3 -4.
FOR: Happ, Berry, Massey
AGAINST: Silvia, Maloney, Wareing, Lancaster
At the request of the City Council, City Attorney Harvey Cargill presented a brief overview of the case
law that regulates SOB locations.
Mayor Pro Tem Maloney commented that the City Council could approve area 3, which would
grandfather the Silk Stocking, and decline any other proposed proposals at this time.
Council member Massey moved to approve Area 3 for the location of SOB's and declined to adopt any
other proposed locations for SOB's within the City of College Station. Mayor Pro Tem Maloney
seconded the motion, which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Happ, Berry, Wareing, Lancaster
AGAINST: None
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