HomeMy WebLinkAboutMisc. •
Article 7. General Development Standards
Section 7.6. Buffer Requirements
d. Existing sites When a than
terms of elements such as
pollution, etc.;
e. Existing sites with lawfully
use is expanded; and
f. Sexually-oriented businesses.
2. Exceptions to the terms of this Section will be made when;
a. The adjacent developed use is non-conforming;
b. The adjacent developed use is agricultural;
c. The Land Use Plan designates the area as Redevelopment;
d. The property is zoned P-MUD and the buffer requirement was
determined through the rezoning process; or
e. Properties in NG and RDD districts.
C. Relationship To Other Landscaping Standards
All buffer requirements shall be included on a development's Landscaping Plan.
Landscaping provided to meet the buffer landscaping standards of this Section
may not be counted towards meeting a project's landscape point requirements.
The area of a site dedicated to a perimeter buffer shall not be included in
calculating a site's minimum landscaping point requirements.
D. Location
The buffer shall abut property boundaries shared with less intense uses or
zoning districts as shown in Section 7.6.F, Minimum Buffer Standards. In the
event that a property abuts a fess intense use and a less intense zoning district,
the more stringent buffer shall be required along the shared boundary,
E. Permitted Uses
1. A buffer yard may be used for passive recreation or stormwater
management. It may contain pedestrian, bike, or equestrian trails
provided that:
a. No plant material is eliminated;
b. The total width of the buffer yard is maintained; and
c. Ali other regulations of this Section are met.
2. No active recreation area, storage of materials, parking, driveways, or
structures, except for approved pedestrian, bike or equestrian trails and
necessary utility boxes and equipment, shall be located within the buffer
yard.
3. Pedestrian access through a perimeter fence or wall and buffer yard may
be provided at the abutting resident's, homeowners association's, o; the
Administrator's option to provide convenient pedestrian access to
nonresidential uses such as commercial areas or schools.
F. Minimum Buffer Standards
The buffer requirements are designed to permit and encourage flexibility in the
widths of buffer yards, the number of plants required in the buffer yard, and
opaque screens. Standard buffer requirements are depicted in the table below.
7-41
Unified Development Ordinance (Draft) 01/03/03 City of College Station, Texas
Article 7. General Development Standards
Section 7.6. Buffer Requirements
AB[7a-ilNi;PARGE
DEVPWPING USE` Single family Multi family:-
_ -Won,-..
fClaSsification Residentialt; Residential*
Residential.
Sin•le-famii N A N A N A
10 1 N A -
--; Office 10 (1) N/A N A
Commercial .15 2 10 1 N A
Industrial 25 (2) 15 (2) 5
SOE 50 (2) 50 (2) 25 (2)
* Includes duplexes.
t Includes manufactured homes, mobile homes, manufactured home parks,
and townhouses.
[number] Depth of buffer yard
(1) Fence
(2) Wail
1. Buffer Yards
a. Buffer yards shall be measured from the common property line and
may be located within established building setbacks.
b. Where utility or drainage easements or other similar situations exists
in the required buffer yard, the buffer yard may be reduced by the
width of the easement; however, an additional 5 feet may be required
beyond the width of the easement in these situations to allow for the
required plantings and fence or wail. All new plantings and irrigation
shall be located outside of the easement. The Administrator has the
discretion to allow a required fence or wall within the easement.
2. Plantings
a. If a fence or wall is not incorporated into the buffer, the following
plantings shall be required in the buffer yard:
(1) A minimum of one 5-gallon shrub at a minimum of three feet in
height per three linear feet of landscaping buffer.
(2) A minimum of one 2-inch caliper canopy tree per 25 linear feet of
landscape buffer.
b. If a fence or wall is incorporated into the buffer, the following plantings
shall be required in the buffer yard:
(1) A minimum of one 1.25-inch caliper non-canopy tree per 15 linear
feet of landscaping buffer. The Ar'.-m+nicrrator may allow the
•
substitution of a minimum of one 5-gallon shrub at a minimum of
three feet in height per three linear feet of landscaping buffer for
the non-canopy tree requirement, or may require the substitution
to mitigate potential negative impacts of a development.
(2) A minimum of one 2-inch caliper canopy tree per 25 linear feet of
landscape buffer.
c. AU buffer yard landscaping areas not dedicated to trees or shrubs shall
be landscaped with grass, ground cover, or other appropriate
landscape treatment in accordance with Section 7.5.C.3, Landscaping
and Tree Protection.
7-42
City of College Station,Texas
Unified Development Ordinance(Draft) 01/03/03
EXHIBIT "A"
January 10, 2003
Please accept this letter as an informational background regarding my request to reduce
the rear setback and buffer from forty feet(40') to twenty-five feet (25').
I realize that my concerns are not a problem of yours, but your time and consideration
would be appreciated. I along with other builders purchased lots to construct duplexes in
Edelweiss Gartens. I happened to be the first to select lots and chose the lots in question
as the ones of the best value. I purchased these lots prior to the Planning and Zoning
Commission or the City Council review for zoning. Over the last five years, I have
constructed over one hundred duplexes that the rear setback for duplexes by ordinance
was 20'-0". Therefore, I was not concerned about the depth of the lot and the useable area
for the layout of the building and the parking. We have used the same floor plan for our
duplex construction for over three years based on demand. The forty-foot (40')
setback/buffer will not allow the construction of our duplexes as planned.
The developer has agreed to return my money but that is not my issue. Immediately upon
purchasing these lots we began accepting contracts on the proposed duplexes. Prior to
Thanksgiving we had confirmed sales on over half of the duplexes. We try to plan the
next years building season and prepare our schedules. When the developer came to me
and made me aware of the situation at hand, it was too late to change lots. The developer
told me that the situation came about when the landscape firm he hired to lay out the
landscape and buffer area noted a 40'-0" setback/buffer on the plans that were turned in
to the City, but the plan given to the developer did not show the 40'-0" setback/buffer. He
had no reason to object during the consideration by the Planning and Zoning in that he
thought there was a 20'0" setback with the buffering planting to be in that same 20'-0".
He was made aware of the situation after Planning and Zoning approved the zoning and
prior to the City Council reviewing. He had to make a decision on whether to start the
whole process over, which would take 6 to 8 weeks or continue with his master plan
which included a large number of single family lots. It was because of timing that he
chose to continue as proposed or he would not complete the development in time for this
building season. In visiting with staff they felt that the developer was not aware of the
problem because of the two different layouts.
Again, I realize this is not your problem and I am here to ask that the rear setback/buffer
be changed from 40'-0" to 25'-0". In reviewing the proposed Unified Development
Ordinance as it relates to this same situation in Article 7, page 7-41 and 7-42 it is n/a (not
acceptable). It states that duplexes fall in the multi-family category and that when it abuts
a non-residential property the buffering is not applicable. All purchasers know the use as
it relates to the duplex lots and surrounding property. This by far is much different than a
rezone of the property abutting the duplexes to M-2. I respectfully request your
consideration and approval of my request.
Resp- ful 'mitted,
of ../
Tony Jon s
Enclosures