Loading...
HomeMy WebLinkAbout11/01/2018 - Agenda Packet - Planning & Zoning CommissionPlanning and Zoning Commission Workshop College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 The City Council may or may not attend the Planning & Zoning Commission Workshop Meeting. City Hall Council Chambers6:00 PMThursday, November 1, 2018 1. Call the meeting to order. 2. Discussion of consent and regular agenda items. 3. Discussion of new development applications submitted to the City. New Development Link: www.cstx.gov/newdev Discussion of Minor and Amending Plats approved by Staff. *Final Plat ~ Minor Plat ~ Creekside Subdivision Phase 1 ~ Case #FPCO2018-000011 18-06984. Sponsors:Lazo Presentation, possible action, and discussion regarding the Central Texas APA Planning Excellence Award and National Community Planning Month proclamation. 18-07295. Sponsors:Prochazka Presentation, possible action, and discussion regarding the consideration of the 2018 P&Z Plan of Work. 18-07266. Sponsors:Golbabai 2018 Plan of WorkAttachments: Presentation, possible action, and discussion regarding an update of planning efforts by the City of Bryan. 18-07257. Sponsors:Golbabai MemoAttachments: Presentation, possible action, and discussion regarding the P&Z Calendar of Upcoming Meetings: *Thursday, November 8, 2018 ~ City Council Meeting ~ Council Chambers ~ Workshop 5:00 p.m. Regular 6:00 p.m. (Liaison - Burns) *Thursday, November 15, 2018 ~ P&Z Meeting ~ Council Chambers ~ Workshop 6:00 p.m. Regular 7:00 p.m. *Monday, November 19, 2018 ~ City Council Meeting ~ Council Chambers ~ Workshop 5:00 p.m. Regular 6:00 p.m. (Liaison - Kee) *Thursday, December 6, 2018 ~ P&Z Meeting ~ Council Chambers ~ 18-06998. Page 1 College Station, TX Printed on 10/26/2018 November 1, 2018Planning and Zoning Commission Workshop Meeting Agenda - Final Workshop 6:00 p.m. Regular 7:00 p.m. Presentation, possible action, and discussion regarding an update on the following items: *A Conditional Use Permit for a Night Club, Bar or Tavern use encompassing 1,425 square feet on approximately eight acres located at 2418 Texas Avenue South Suite F. The Planning & Zoning Commission heard this item on October 4, 2018, and voted (4-0) to recommend approval. The City Council heard this item on October 25, 2018, and voted (5-2) to approve the request. 18-07009. 10. Discussion, review and possible action regarding the following meetings: Design Review Board, BioCorridor Board. 11. Discussion and possible action on future agenda items - A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 12. Adjourn. The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on October 29, 2018 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. Page 2 College Station, TX Printed on 10/26/2018 November 1, 2018Planning and Zoning Commission Workshop Meeting Agenda - Final “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 3 College Station, TX Printed on 10/26/2018   Page 1 of 4    2018 Planning & Zoning Commission Plan of Work Comprehensive Plan Items UDO & Comprehensive Plan Annual Review Summary: Review of adopted UDO amendments and a summary of the implementation of adopted master plans and neighborhood, district, and corridor plans, namely: Central College Station, Eastgate, Southside Area, Wellborn Community, and South Knoll Area neighborhood plans, and Bicycle, Pedestrian & Greenways, Parks and Recreation, Water, Waste Water, Medical District, and Economic Development master plans. Project Dates: 12/6/18: Anticipated P&Z presentation of the UDO & Comprehensive Plan Annual Review (LH & JC). 1/3/18: Anticipated City Council presentation of the UDO & Comprehensive Plan Annual Review (LH & JC). Staff Assigned: P&DS Staff Anticipated Completion: On-Going 2019 Existing Conditions Report Summary: Develop and adopt the 2019 Existing Conditions Report in preparation of the 10-Year Comprehensive Plan Update Project Dates: Staff Assigned: Justin Golbabai, P&DS Staff Anticipated Completion: Spring 2019 10-Year Comprehensive Plan Update Summary: Begin the first phases of updating the 2009 Comprehensive Plan. This phase will include forming a joint City Council-P&Z Comprehensive Plan Subcommittee, selecting consultants, and planning for community outreach efforts. Project Dates: Staff Assigned: Justin Golbabai, P&DS Staff Anticipated Initiation: Winter 2019 Bicycle, Pedestrian and Greenways Master Plan Update Summary: Bring additional updates to the Planning and Zoning Commission as the Master Plan update moves forward. Project Dates: 4/19/18: P&Z Commission recommended approval of a Comprehensive Plan Amendment updating the Bicycle, Pedestrian, and Greenways Master Plan. 5/14/18: City Council adopted the Comprehensive Plan Amendment updating the Bicycle, Pedestrian, and Greenways Master Plan. Staff Assigned: Venessa Garza Completed: May 14, 2018   Page 2 of 4    Neighborhood Integrity Items Neighborhood Conservation Overlay and Student Housing in Established Single- Family Neighborhoods Community Meeting Summary: Conduct a community outreach meeting to obtain neighborhood, developer, and community feedback on potential options to provide more options and flexibility to the Neighborhood Conservation Overlay (NCO), as well as obtain feedback on other options to manage student housing in single-family neighborhoods, such as more flexibility for Accessory Dwelling Units (ADUs) and changing the off-street parking and drainage requirements. Report findings to P&Z and Council for direction on possible ordinance amendments. Project Dates: 4/30/18: Two community meeting to be held discussing possible changes to accessible living quarters, single-family on-site parking, single- family height protection, the Neighborhood Conservation Overlay, and a middle housing zoning district. An online survey covering these same topics will also open from April 30th – May 14th. 6/21/18: P&Z Presentation of neighborhood workshop survey results for accessory living quarters, single-family on-site parking, and single-family height protection (LS & PAZ). 6/28/18: City Council Presentation of neighborhood workshop survey results for accessory living quarters, single-family on-site parking, and single-family height protection (LS & PAZ). 7/5/18: P&Z Presentation of neighborhood workshop survey results for the neighborhood conservation overlay and middle housing (JG). 7/12/18: City Council Presentation of neighborhood workshop survey results for the neighborhood conservation overlay and middle housing (JG). 8/2/18: Ordinance amendment presentation to P&Z Commission on SF Height Protection (LS). 8/9/18: Follow-up City Council Presentation of neighborhood workshop survey results for the neighborhood conservation overlay and middle housing (JG). 8/16/18: Anticipated ordinance amendments to P&Z for Single-Family Parking (RL). 11/1/18: Anticipated ordinance amendments to P&Z for Accessory Living Quarters (LG). 11/19/18: Anticipated ordinance amendments to City Council for Accessory Living Quarters and Single-Family Parking (LG). 11/15/18: Anticipated revised ordinance amendment presentation to P&Z Commission on SF Height Protection (MH). 11/19/18: Anticipated ordinance amendment presentation to City Council on SF Height Protection (MH). January 2018: Anticipated ordinance amendment presentation to P&Z Commission on revisions to the Neighborhood Conservation Overlay (JG). January 2018: Anticipated ordinance amendment presentation to City Council on revisions to the Neighborhood Conservation Overlay (JG). Staff Assigned: Justin Golbabai, Jenifer Paz, Lance Simms, Molly Hitchcock, Rachel Lazo Anticipation Initiation: April 30, 2018   Page 3 of 4    UDO Regulatory Items Evaluation of UDO Regulations Summary: Project Dates: Continue review of UDO requirements that add minimal value as identified by staff and consider opportunities to reduce regulations and streamline processes. Staff Assigned: P&DS Staff Anticipated Initiation: On-going Sign Ordinance Revisions Summary: Review and update the City’s sign ordinance in light of the recent Supreme Court decision regarding sign regulations based upon content. Project Dates: Staff Assigned: Molly Hitchcock, Rachel Lazo & Legal Anticipated Completion: Winter 2018 Non-Residential Landscaping Requirements Summary: Adopt an ordinance updating the city’s landscaping requirements (including streetscaping and buffer standards) and include options for water-conserving landscaping. Project Dates: 5/17/18: P&Z Commission consideration of an ordinance amendment updating the City’s landscaping requirements. 6/14/18: City Council adopted an ordinance amendment updating the City’s landscaping requirements. Staff Assigned: Rachel Lazo and Jade Broadnax Completed: June 14, 2018 On-Going Items Economic Development Updates Summary: Receive regular updates from the Economic Development Department. Receive a presentation and discussion on “fast-tracking” reviews for Economic Development projects that have a significant economic impact. Project Dates: 4/19/18: Economic Development update given on Spring Creek Business Park (JP). 8/16/18: Economic Development Update Staff Assigned: Economic Development Anticipated Completion: On-Going           Page 4 of 4    Planning Performance Measures Summary: Develop and regularly report on the “top three” performance indicators. Project Dates: 11/15/18: P&Z Presentation on planning performance measures. (JG) Staff Assigned: Justin Golbabai Anticipated Completion: On-Going   Semi-Annual Review of Pre-Application Conference Surveys Summary: Provide an update on the survey results from the Pre-Application Conference process. Project Dates: 6/7/18: Provide an update on the status of the PAC meeting process and implementation of the PAC survey. (JG) Staff Assigned: Justin Golbabai Anticipated Completion: On-Going   Impact Fees Summary: Provide a semi-annual update on impact fees, to include impact fee collections and planned projects. Project Dates: 5/3/18: P&Z Presentation on the Impact-Fee Semi-Annual Report. 5/24/2018: City Council Presentation the Impact-Fee Semi-Annual Report. 11/1/18: Anticipated P&Z Presentation on the Impact-Fee Semi-Annual Report. Staff Assigned: Carol Cotter Anticipated Completion: On-Going   Educational/Informational Items City of Bryan Update Summary: Hear a presentation from the City of Bryan to discuss areas of mutual concern and partnership opportunities across jurisdictional boundaries. Project Dates: 11/1/2018: P&Z presentation from the City of Bryan Planning Staff 11/8/2018: City Council presentation from the City of Bryan Planning Staff Staff Assigned: Anticipated Completion: Fall 2018   Planning & Development Services • 1101 Texas Avenue, PO Box 9960 • College Station, TX 77840 Office 979.764.3570 / Fax 979.764.3496 MEMORANDUM October 23, 2018 TO: Members of the Planning & Zoning Commission FROM: Justin Golbabai, AICP CNU-A, Planning Administrator SUBJECT: Plan of Work – City of Bryan Presentation Item: Presentation, possible action, and discussion regarding an update of planning efforts by the City of Bryan. Background: As part of the 2018 Planning and Zoning Commission Plan of Work and as a requested presentation by the Mayor as a future agenda item during City Council’s June 28th meeting, the City of Bryan will give a presentation on recent planning efforts. In this presentation, Martin Zimmermann, Assistant Director of Planning and Zoning for the City of Bryan, will give a brief overview of Bryan’s Residential Conservation District (R-NC), a recent ordinance amendment that defines and regulates stealth dorms as “Detached Shared Housing,” and upcoming Midtown Bryan planning efforts. The City Council will hear this item during workshop at their November 8 th meeting. Planning and Zoning Commission Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 The City Council may or may not attend the Planning & Zoning Commission Regular Meeting. City Hall Council Chambers7:00 PMThursday, November 1, 2018 1. Call meeting to order. 2. Pledge of Allegiance. 3. Hear Citizens. At this time, the Chairman will open the floor to citizens wishing to address the Commission on issues not already scheduled on tonight's agenda. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information, ask city staff to look into the matter, or will place the matter on a future agenda for discussion. (A recording is made of the meeting; please give your name and address for the record.) All matters listed under Item 4, Consent Agenda, are considered routine by the Commission and will be enacted by one motion. These items include preliminary plans and final plats, where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for further consideration. 4. Consent Agenda Consideration, possible action, and discussion on Absence Requests from meetings: *Johnny Burns ~ October 4, 2018 *Casey Oldham ~ October 4, 2018 *Jane Kee ~ November 1, 2018 18-06884.1 Johnny Burns Jane Kee Attachments: Consideration, possible action, and discussion to approve meeting minutes. *October 4, 2018 ~ Workshop *October 4, 2018 ~ Regular 18-06974.2 Page 1 College Station, TX Printed on 10/26/2018 November 1, 2018Planning and Zoning Commission Regular Meeting Agenda - Final October 4 2018 Workshop October 4 2018 Regular Attachments: Presentation, possible action, and discussion regarding a Development Plat for Country Oaks consisting of 1 lot on approximately 6.294 acres located at 5585 Straub Road, generally located 1,600-feet east of the intersection of Straub Road and Thousand Oaks Road. Case #DVPL2018-000003 18-07124.3 Sponsors:Gray Staff Report Vicinity Aerial SAM Application Development Plat Attachments: Regular Agenda 5. Consideration, possible action, and discussion on items removed from the Consent Agenda by Commission action. Presentation, possible action, and discussion regarding waiver requests to Unified Development Ordinance Section 8.3.G, "Block Length," Section 8.3.G, "Block Perimeter", and Section 8.3.E.3, "Street Projections" and a presentation, possible action, and discussion regarding a Preliminary Plan for the Butler Subdivision consisting of four lots on approximately 41 acres, generally located at the intersection of General Parkway and Holleman Drive South. Case #PP2018-000014 18-07136. Sponsors:Lazo Staff Report Waiver Request Form 1 - Block Length 1 Waiver Request Form 2 - Block Length 2 Waiver Request Form 3 - Block Perimeter 1 Waiver Request Form 4 - Block Perimeter 2 Waiver Request Form 5 - Street Projection 1 Waiver Request Form 6 - Street Projection 2 Vicinity Aerial SAM Application Preliminary Plan Attachments: Public hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, Unified Development Ordinance, "Article 4, Zoning Districts," Section 4.2 "Official Zoning 18-07247. Page 2 College Station, TX Printed on 10/26/2018 November 1, 2018Planning and Zoning Commission Regular Meeting Agenda - Final Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to RS Restricted Suburban and NAP Natural Areas Protected on approximately 46.18 acres of land generally located north of Appomattox Drive and the Emerald Forest Subdivision. Case #REZ2018-000013 (Note: Final action of this item will be considered at the November 19, 2018 City Council meeting - subject to change). Sponsors:Constantino Staff Report Background Information Application Vicinity, Aerial and SAM Rezoning Map Rezoning Exhibit Attachments: Public hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 6.5, “Accessory Uses”, Section 7.3.H, “Number of Off-Street Parking Spaces Required”, and Section 11.2, “Defined Terms” of the Code of Ordinances of the City of College Station, Texas as they relate to accessory living quarters. Case #ORDA2018-000009 (Final action on this item is scheduled for the November 19, 2018 City Council meeting- subject to change) 18-06438. Sponsors:Gray Memo 6.3 Accessory Uses Redline 7.3 Off-Street Parking Standards Redline 11.2 Defined Terms Redline Attachments: 9. Discussion and possible action on future agenda items – A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 10. Adjourn The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on October 29, 2018 at 5:00 p.m. Page 3 College Station, TX Printed on 10/26/2018 November 1, 2018Planning and Zoning Commission Regular Meeting Agenda - Final _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 4 College Station, TX Printed on 10/26/2018 Absence Request Form For Elected and Appointed Officers Name Request Submitted on I will not be in attendance at the meeting on for the reason specified: (Date) Signature October 4, 2018 P&Z Workshop Meeting Minutes Page 1 of 2 MINUTES PLANNING & ZONING COMMISSION Workshop Meeting October 4, 2018 6:30 p.m. CITY HALL COUNCIL CHAMBERS College Station, Texas COMMISSIONERS PRESENT: Jane Kee, Elianor Vessali, Dennis Christiansen and Jeremy Osborne COMMISSIONER ABSENT: Bill Mather, Johnny Burns, Casey Oldham CITY COUNCIL MEMBERS PRESENT: Bob Brick CITY STAFF PRESENT: Jennifer Prochazka, Molly Hitchcock, Carol Cotter, Justin Golbabai, Alaina Helton, Laura Gray, Justin Costantino, Rachel Lazo, Alyssa Halle-Schramm, Jason Schubert, Anthony Armstrong, Tim Horn, Alma Guerra, Mary Ann Powell, Eric Chafin and Kristen Hejny 1. Call the meeting to order. Chairperson Kee called the Workshop Meeting to order at 6:30 p.m. 2. Discussion of consent and regular agenda items. 3. Discussion of new development applications submitted to the City. New Development Link: www.cstx.gov/newdev There was general discussion regarding the replat at Post Oak Mall. 4. Presentation, possible action, and discussion regarding the consideration of the 2018 P&Z Plan of Work. Planning Administrator Golbabai was available to give updates on the Plan of Work including items such as the Comprehensive Plan process, existing conditions report, the upcoming presentation from the City of Bryan on neighborhood integrity items at the November 1, 2018 Planning and Zoning Commission Workshop Meeting. 5. Presentation, possible action, and discussion regarding the P&Z Calendar of Upcoming Meetings. *Monday, October 8, 2018 ~ City Council Meeting ~ Council Chambers ~ Workshop 5:00 p.m. Regular 6:00 p.m. (Liaison – Osborne) *Thursday, October 25, 2018 ~ City Council Meeting ~ Council Chambers ~ Workshop 5:00 p.m. Regular 6:00 p.m. (Liaison - Christiansen) *Thursday, November 1, 2018 ~ P&Z Meeting ~ Council Chambers ~ Workshop 6:00 p.m. Regular 7:00 p.m. October 4, 2018 P&Z Workshop Meeting Minutes Page 2 of 2 *Thursday, November 8, 2018 ~ City Council Meeting ~ Council Chambers ~ Workshop 5:00 p.m. Regular 6:00 p.m. 6. Discussion, review and possible action regarding the following meetings: Design Review Board, Bio Corridor Board. There was no discussion. 7. Discussion and possible action on future agenda items - A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There was no discussion. 8. Adjourn. The meeting was adjourned at 6:42p.m. Approved: Attest: ______________________________ ________________________________ Jane Kee, Chairman Kristen Hejny, Admin. Support Specialist Planning & Zoning Commission Planning & Development Services October 4, 2018 P&Z Regular Meeting Minutes Page 1 of 3 MINUTES PLANNING & ZONING COMMISSION Regular Meeting October 4, 2018 7:00 p.m. CITY HALL COUNCIL CHAMBERS College Station, Texas COMMISSIONERS PRESENT: Jane Kee, Elianor Vessali, Dennis Christiansen and Jeremy Osborne COMMISSIONER ABSENT: Bill Mather, Johnny Burns, Casey Oldham CITY COUNCIL MEMBERS PRESENT: Bob Brick CITY STAFF PRESENT: Jennifer Prochazka, Molly Hitchcock, Carol Cotter, Justin Golbabai, Alaina Helton, Laura Gray, Justin Costantino, Rachel Lazo, Alyssa Halle-Schramm, Jason Schubert, Anthony Armstrong, Tim Horn, Alma Guerra, Mary Ann Powell, Eric Chafin and Kristen Hejny 1. Call Meeting to Order Chairperson Kee called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance 3. Hear Citizens 4. Consent Agenda 4.1 Consideration, possible action, and discussion on Absence Requests from meetings. *Bill Mather ~ October 4, 2018 *Jane Kee ~ November 1, 2018 4.2 Consideration, possible action, and discussion to approve meeting minutes. *September 20, 2018 ~ Workshop *September 20, 2018 ~ Regular 4.3 Presentation, possible action, and discussion regarding a Final Plat for Indian Lakes Phase 34 consisting of eight estate lots on 13.66 acres located along Sacred Arrow Drive, 275-feet south of Anasazi Bluff Drive in the College Station Extraterritorial Jurisdiction. Case #FP2017-000035 4.4 Presentation, possible action, and discussion regarding a Final Plat for Reese Cove Subdivision consisting of seven residential lots on approximately 13 acres generally located 160-feet west of the intersection of Walnut Road and North Dowling Road. Case #FP2017-000032 4.5 Presentation, possible action, and discussion regarding a Final Plat for Creek Meadows Section 1C Phase Three consisting of 13 residential lots and one common area on approximately 4.705 acres, generally located west of the intersection of Greens Prairie Road West and Creek Meadow Boulevard North. Case #FP2017-000007 October 4, 2018 P&Z Regular Meeting Minutes Page 2 of 3 Commissioner Christiansen motioned to approve the Consent Agenda. Commissioner Osborne seconded the motion, motion passed (4-0). Regular Agenda 5. Consideration, possible action, and discussion on items removed from the Consent Agenda by Commission Action. No items were removed. 6. Presentation, possible action, and discussion regarding a waiver request to Unified Development Ordinance Section 8.3 ‘Platting and Replatting in Older Residential Subdivision’ and a public hearing possible action, and discussion on a Final Plat for E.L. Mable Subdivision consisting of three residential lots on approximately 0.53 acres located at 806 Tarrow Street, generally located at the intersection of Tarrow Street and Preston Street. Case #FP20107-000021 Staff Planner Lazo presented the Final Plat and waiver request to the Commission and recommended approval. Commissioner Christiansen asked for the reasoning behind the 8,500 square foot lot area requirement. Staff Planner Lazo stated that the purpose of the platting standards in older areas is to preserve the character of certain areas, but the subject area is slightly different than the surrounding areas. Applicant, Bob Walker, was available to speak on the replat. Chairperson Kee opened the public hearing. No one spoke. Chairperson Kee closed the public hearing. Commissioner Osborne motioned to approve the Final Plat and waiver request citing that the review criteria has been met. Commissioner Christiansen seconded the motion, motion passed (4-0). 7. Public hearing, presentation, possible action, and discussion to consider a Conditional Use Permit for a Night Club, Bar or Tavern use encompassing 1,425 square-feet on approximately eight acres, located at 2418 Texas Avenue South Suite F, generally located southwest of the intersection of Southwest Parkway and Texas Avenue South. Case #CUP2018-000003 (Note: Final action of this item will be considered at the October 25, 2018 City Council meeting – subject to change) Staff Planner Lazo presented the Conditional Use Permit to the Commission and recommended approval. TABC Consultant, Bryan Poff, was available to answer any questions from the Commission. October 4, 2018 P&Z Regular Meeting Minutes Page 3 of 3 Applicant, Vipul Patel, was available to speak on the Conditional Use Permit and provide clarification for requirements. Chairperson Kee opened the public hearing. No one spoke. Chairperson Kee closed the public hearing. Commissioner Christiansen motioned to recommend approval of the Conditional Use Permit. Commissioner Vessali seconded the motion, motion passed (4-0). 8. Discussion and possible action on future agenda items – A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There was no discussion. 9. Adjourn The meeting adjourned at 7:13 p.m. Approved: Attest: ______________________________ ________________________________ Jane Kee, Chairman Kristen Hejny, Admin Support Specialist Planning & Zoning Commission Planning & Development Services Supporting Materials 1. Vicinity Map, Aerial, and Small Area Map 2. Application 3. Copy of Development Plat Development Plat for Country Oaks DVPL2018-000003 Planning & Zoning Commission November 1, 2018 Scale One residential lot comprised of 6.294 acres. Location 5585 Straub Road Applicant Neel Brown Project Manager Laura Gray, Senior Planner lgray@cstx.gov Project Overview The subject property is located in the ETJ and accessed off of Straub Road. A 15-foot wide strip of road right-of-way is being dedicated for Straub Road. Preliminary Plan Not required Parkland Dedication A parkland dedication fee of $625.00 will be due at time of filing. Impact Fees Not Applicable Traffic Impact Analysis Not required Compliant with Comprehensive Plan (including Master Plans) and Unified Development Ordinance Yes Compliant with Subdivision Regulations Yes Staff Recommendation Approval CITY OF COLLEGE STATION Home ofTexasA&M University~ FOR OFFICE USE ONLY CASE NO.:________________ DATE SUBMITTED:________________ TIME: STAFF: DEVELOPMENT PLAT APPLICATION Date of Optional Preapplication or Stormwater Management Conference N/a NAME OF PROJECT Country Oaks Subdivision ADDRESS 5585 Straub Road LEGAL DESCRIPTION (Lot,Block,Subdivision)A001300, SAMUEL DAVIDSON (OCL),TRACT 17.6,6.356 ACRES SPECIFIED LOCATION OF PROPOSED PLAT: 1800 Feet to the Southwest of the intersection of Stousland Road and Straub Road APPLICANT/PROJECT MANAGER’S INFORMATION (Primary contact for the project): Name Neel Brown E-mail nbrownl@airmall.net Street Address 18131 Ranch House Rd City College Station Phone Number 9032290808 State Tx Fax Number Zip Code 77845 MINIMUM SUBMITTAL REQUIREMENTS: ~Development Plat Application Fee.(Refer to the Planning and Development Fee Schedule for all applicable fees) D Waiver Request to Subdivision Regulations Fee.(Refer to the Planning and Development FeeScheduleforallapplicablefees) ~$612.60 (minimum)Development Permit Application /Public Infrastructure Review and Inspection Fee. Fee is 1.5%of acceptable Engineer’s Estimate for public infrastructure, $612.60 minimum (if fee is>$612.60,the balance is due prior to the issuance of any plans or development permit). ~Application completed in full.This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. Copy of plat.(A signed mylar original must be submitted after staff review). Grading,drainage,and erosion control plan with supporting drainage report. ~Public infrastructure plan and supporting documents (if applicable). ~Title Report for property current within ninety (90)days or accompanied by a Nothing Further Certificate current within ninety (90) days.The report must include applicable information such as ownership,liens, encumbrances,etc. ~Paid tax certificates from City of College Station,Brazos County and College Station l.S.D. ~The attached Development Plat checklist with all items checked off or a brief explanation as to why they are not. Note:A paid tax certificates from City of College Station, Brazos County and College Station I.S.D.will be due at the time of the mylar submittal prior to filing the plat. Revised 3/18 Page 1 of 8 PROPERTY OWNERS INFORMATION (Au owners must be identified.Please attach an additional sheet for multiple owners): Name Rociada,LLC E-mail nbrownl@airrnail.net Street Address 18131 Ranch House Rd City College Station State Tx Zip Code 77845 Phone Number 903-229-0808 Fax Number __________________________________ ARCHITECT OR ENGINEERS INFORMATION: Name Schultz Engineering E-mail eng~schultzeng.corn Street Address 911 Southwest Parkway East City College Station State Texas Zip Code 77840 Phone Number 979-764-3900 Fax Number 9797643910 Total Acreage 6.356 R-O-W Acreage n/a Current zoning of subject property ETJ Floodplain Acreage N/A Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels)on the property?~Yes ~No Requested waiver to subdivision regulations and reason for same (if applicable): Regarding the waiver request,explain how: 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. 2.The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. Revised 3/18 Page 2 of 8 3.The granting of the waiver will not be detrimental to the public health,safety,or welfare,or injurious to other property in the area,or to the City in administering subdivision regulations. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance Requested oversize participation____________________________________________________________________________ Total Linear Footage of Parkiand Dedication due prior to filing the Development Plat: Proposed Public: ACREAGE: ______Streets No.of acres to be dedicated +$development fee LI Sidewalks No.of acres in floodplainoSanitary Sewer Lines No.of acres in detentionoWaterLines No.of acres in greenwaysoChannels ORoStormSewers FEE IN LIEU OF LAND:o Bike Lanes I Paths No.of SF Dwelling Units X $=$___________________ (date)Approved by Parks &Recreation Advisory Board NOTE:DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true,correct,and complete.IF THIS APPLICATION 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 accompanied by proof of authority for the company’s representative to sign the application on its behalf.LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above. /L~F~4.~ Signature and title Date sa~be*k Uj-13row~~ Revised 3/18 Page 3 of 8 CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT Owner Certification: 1.No work of any kind may start until a permit is issued. 2.The permit may be revoked if any false statements are made herein. 3.If revoked,all work must cease until permit is re-issued. 4.Development shall not be used or occupied until a Certificate of Occupancy is issued. 5.The permit will expire if no significant work is progressing within 24 months of issuance. 6.Other permits may be required to fulfill local,state,and federal requirements. Owner will obtain or show compliance with all necessary State and Federal Permits prior to construction including NOI and SWPPP. 7.If required,Elevation Certificates will be provided with elevations certified during construction (forms at slab pre pour)and post construction. 8.Owner hereby gives consent to City representatives to make reasonable inspections required to verify compliance. 9. If,stormwater mitigation is required, including detention ponds proposed as part of this project,it shall be designed and constructed first in the construction sequence of the project. 10.In accordance with Chapter 13 of the Code of Ordinances of the City of College Station,measures shall be taken to insure that all debris from construction,erosion,and sedimentation shall not be deposited in city streets,or existing drainage facilities.All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer for the above named project.All of the applicable codes and ordinances of the City of College Station shall apply. 11.The information and conclusions contained in the attached plans and supporting documents will comply with the current requirements of the City of College Station, Texas City Code,Chapter 13 and associated BCS Unified Design Guidelines Technical Specifications,and Standard Details.All development has been designed in accordance with all applicable codes and ordinances of the City of College Station and State and Federal Regulations. 12.Release of plans to __________________________________(name or firm)is authorized for bidding purposes only.I understand that final approval and release of plans and development for construction is contingent on contractor signature on approved Development Permit. 13.I,THE OWNER,AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS FOR THE DEVELOPN.EN.~PERMIT APPLICATION,ARE,TO THE BEST OF MY KNOWLEDGE,TRUE, AND ~~-ej~~~3Ro V/iV ~£t~J~tL 9~.f~~B ~ Property Owner(s)Date Engineer Certification: 1.The project has been designed to ensure that stormwater mitigation,including detention ponds,proposed as part of the project will be constructed first in the construction sequence. 2.I will obtain or can show compliance with all necessary Local,State and Federal Permits prior to construction including NOl and SWPPP.Design will not preclude compliance with TPDES:i.e.,projects over 10 acres may require a sedimentation basin.. 3.The information and conclusions contained in the attached plans and supporting documents comply with the current requirements of the City of College Station,Texas City Code,Chapter 13 and associated BCS Unified Design Guidelines.All development has been designed in accordance with all applicable codes and ordinances of the City of College Station and State and Federal Regulations. 4.I,THE ENGINEER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN,AND IN ATTACHMENTS FOR THE DEVELOPMENT PERMIT APPLICATION,ARE,TO THE BEST OF MY KNOWLEDGE,TRUE,AND ACCU RATE. Engineer Date Revised 3/18 Page 4 of 8 The following CERTIFICATIONS apply to development in Special Flood Hazard Areas. Required for Site Plans,Final Plats,Construction Plans, Fill I Grading Permits,and Clearing Only Permits:* A.I,_______________________________________certify,as demonstrated in the attached drainage study,that the alterations or development covered by this permit,shall not: (i)increase the Base Flood elevation; (ii)create additional areas of Special Flood Hazard Area; (iii)decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway and where the velocity of flow in the Base Flood event is greater than one foot per second.This area can also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or areas where the depth of from the BEE to natural ground is 18 inches or greater; (iv)reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than one foot per second without acceptable compensation as set forth in the City of College Station Code of Ordinances,Chapter 13 concerning encroachment into the Special Flood Hazard Area;nor (v)increase Base Flood velocities. beyond those areas exempted by ordinance in Section 5.11 .3a of Chapter 13 Code of Ordinances. Engineer Date Initial *If a platting-status exemption to this requirement is asserted, provide written justification under separate ______letter in lieu of certification. Required for Site Plans, Final Plats,Construction Plans,and Fill I Grading Permits: B.I,_______________________________,certifytothefollowing: (i)that any nonresidential or multi-family structure on or proposed to be on this site as part of this application is designed to prevent damage to the structure or its contents as a result of flooding from the 100-year storm. Engineer Date Additional certification for Floodway Encroachments: C.I,_____________________________________,certify that the construction, improvement,or fill covered by this permit shall not increase the base flood elevation.I will apply for a variance to the Zoning Board of Adjustments. Engineer Date Revised 3/18 Page 5 of 8 Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate required). Residential Structures: D.I,_____________________________________,certify that all new construction or any substantial improvement of any residential structure shall have the lowest floor,including all utilities,ductwork and any basement,at an elevation at least one foot above the Base Flood Elevation.Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-pour)and post construction. Engineer /Surveyor Date Commercial Structures: E.I,_______________________________________,certify that all new construction or any substantial improvement of any commercial,industrial,or other non-residential structure are designed to have the lowest floor,including all utilities,ductwork and basements,elevated at least one foot above the Base Flood Elevation Engineer!Surveyor Date OR I,__________________________________________,certify that the structure with its attendant utility,ductwork, basement and sanitary facilities is designed to be flood-proofed so that the structure and utilities,ductwork, basement and sanitary facilities are designed to be watertight and impermeable to the intrusion of water in all areas below the Base Flood Elevation,and shall resist the structural loads and buoyancy effects from the hydrostatic and hydrodynamic conditions. Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre pour)and post construction. Engineer!Surveyor Date Conditions or comments as part of approval:__________________________________________________________________ Revised 3/18 Page 6 of 8 DEVELOPMENT PLAT MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (Requirements based on field survey and marked by monuments and markers.) Drawn on 24”x 36”sheet to scale of 100’per inch or larger. North Arrow. Ownership and Dedication Surveyor and/or Engineer City Engineer Planning and Zoning Commission Brazos County Clerk Brazos County Commissioners Court Approval (ETJ Plats only) Streets.Continuous or end in a cul-de-sac, stubbed out streets must end into a temp turn around unless they are shorter than 100 feet. ~Public and private R.O.W.locations and widths.(All existing and proposed ROW’s sufficient to meet Thoroughfare Plan.) ~Street offsets and/or intersection angles meet ordinance. Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits.No scale required but include north arrow. ~Title Block with the following information: ~Name and address of subdivider,recorded owner,planner,engineer and surveyor. Proposed name of subdivision.(Subdivision name &street names will be approved ~through Brazos County 911.)(Property that has been previously platted must retain original subdivision name.) Date of preparation. Engineer’s scale in feet. Total area shown on development plat. Subdivision boundary indicated by heavy lines. ~If more than 1 sheet,an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. ~All applicable certification. If using private septic systems,add a general note on the plat that no private sewage facility may be installed on any lot in this subdivision without the issuance of a license by the Brazos County Health Unit under the provisions of the private facility regulations adopted by the Commissioner’s Court of Brazos County,pursuant to the provisions of Section 21.084 of the Texas Water Code. Location of the 100 Year Floodplain and floodway,if applicable,according to the most recent available data. ~Lot corner markers and survey monuments (by symbol)and clearly tied to basic survey data. ~The location and description with accurate dimensions, bearings or deflection angles and radii,area, center angle,degree of curvature,tangent distance and length of all curves for all of the following: (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision,as well as,those within the subdivision). Existing Proposed Revised 3/18 Page 7 of 8 Existing Proposed ~A number or letter to identify each lot or site and each block. ~Parkland dedication/greenbelt area/park linkages (All proposed dedications must be reviewed by the Parks and Recreation Advisory Board prior to P&Z Commission consideration.) ~Building,structure or improvement or proposed modification of the external configuration of the building, structure,or improvement. Each easement and right-of-way,including alleys,within or abutting the boundary of the surveyed property. ~Any part of the property intended to be dedicated to public use of for the use of purchasers or owners of lots fronting on or adjacent to the sidewalk,alley,square,park,or other part. ~Construction documents for all public infrastructure drawn on 24”x 36”sheets and properly sealed by a Licensed Texas Professional Engineer that include the following: ~Street,alley and sidewalk plans,profiles and sections.One sheet must show the overall street,alley and/or sidewalk layout of the subdivision.(may be combined with other utilities). ~Sanitary sewer plan and profile showing depth and grades.One sheet must show the overall sewer layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) ~Water line plan showing fire hydrants,valves,etc.with plan and profile lines showing depth and grades.One sheet must show the overall water layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) ~Storm drainage system plan with contours, street profile,inlets,storm sewer and drainage channels,with profiles and sections. Drainage and runoff areas,and runoff based on 5,10,25,50 and 100 year rain intensity. Detailed drainage structure design, channel lining design &detention if used.One sheet must show the overall drainage layout of the subdivision. ~Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E. ~Letter of Completion for public infrastructure or guarantee /surety in accordance with UDO Section 8.6. ~Drainage Report. ~Erosion Control Plan (must be included in construction plans). All off-site easements necessary for infrastructure construction must be shown on the development plat with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be provided in recordable form prior to being scheduled for P&Z Commission consideration. ~Are there impact fees associated with this development?fl Yes ~No Impact fees must be paid prior to building permit. ~Will any construction occur in TxDOT rights-of-way?~Yes ~No If yes,TxDOT permit must be submitted along with the construction documents. NOTE:1.We will be requesting the corrected development plat to be submitted in digital form if available prior to filing the plat at the Courthouse. 2.If the construction area is greater than 5 acres,EPA Notice of Intent (NOl)must be submitted prior to issuance of a development permit. Revised 3/18 I ~PfliitFOifl1~~E~Page 8 of 8 LOT 1 BLOCK 1STRAUB ROAD6.192 AC. TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840  (979) 764-3900 ENGINEER: DEVELOPMENT PLAT COUNTRY OAKS 6.356 ACRES BLOCK 1, LOT 1 SAMUEL DAVIDSON SURVEY, LEAGUE, A-13 BRAZOS COUNTY, TEXAS 1 LOT SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE 1'' = 50' OCTOBER 2018 OWNER/DEVELOPER: Rociada, LLC 18131 Ranch House Rd College Station, TX 77845 (903) 229-0808 LEGEND VICINITY MAP NOT TO SCALE STRAUB ROADI & G ROAD WE L L B O R N R O A D - F M 2 1 5 4 STOU SLAND RD ROW DEDICATION 0.164 AC. METES AND BOUNDS DESCRIPTION OF A 6.356 ACRE TRACT SAMUEL DAVIDSON SURVEY, A-13 BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE SAMUEL DAVIDSON SURVEY, ABSTRACT NO. 13, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 6.357 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO CINDY M. ARNOLD RECORDED IN VOLUME 9467, PAGE 173 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ½ INCH IRON ROD FOUND ON THE NORTHEAST LINE OF A CALLED 32.935 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO STEVEN J. LINICK AND BARBARA K. LINICK RECORDED IN VOLUME 13278, PAGE 215 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 6.357 ACRE TRACT AND THE WEST CORNER OF A CALLED 13.25 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO WINNIE M. BROWER RECORDED IN VOLUME 6193, PAGE 133 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE TEXAS STATE PLANE CENTRAL ZONE GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. DISTANCES SHOWN HEREIN ARE GRID DISTANCES. TO OBTAIN SURFACE DISTANCES MULTIPLY BY A COMBINED SCALE FACTOR OF 1.0000867443 (CALCULATED USING GEOID12B); THENCE: N 42° 14' 55" W ALONG THE COMMON LINE OF SAID 6.357 ACRE TRACT AND SAID 32.935 ACRE TRACT FOR A DISTANCE OF 951.00 FEET (DEED CALL: N 40° 31' 51” W - 951.08 FEET, 9467/173) TO A ½ INCH IRON ROD WITH PLASTIC CAP MARKED 'KERR 4502' SET ON THE SOUTHEAST LINE OF STRAUB ROAD MARKING THE WEST CORNER OF SAID 6.357 ACRE TRACT. FOR REFERENCE, A 2 INCH IRON PIPE FENCE CORNER POST FOUND BEARS: S 57° 41' 24” E FOR A DISTANCE OF 11.86 FEET; THENCE: N 43° 12' 48" E ALONG THE NORTHWEST LINE OF SAID 6.357 ACRE TRACT FOR A DISTANCE OF 294.75 FEET (DEED CALL: N 44° 55' 51” E - 294.78 FEET, 9467/173) TO A ½ INCH IRON ROD WITH PLASTIC CAP MARKED 'KERR 4502' SET MARKING THE NORTH CORNER OF SAID 6.357 ACRE TRACT AND THE WEST CORNER OF THE REMAINDER OF CALLED 6.357 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO CINDY M. ARNOLD RECORDED IN VOLUME 1723, PAGE 278 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. FOR REFERENCE, A 5/8 INCH IRON ROD FOUND BENT BEARS: S 40° 52' 54" E FOR A DISTANCE OF 6.03 FEET AND A ½ INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID REMAINDER OF 6.357 ACRE TRACT BEARS: N 43° 12' 48" E FOR A DISTANCE OF 294.72 FEET (DEED CALL: N 44° 55' 51” E - 294.75 FEET, 1723/278); THENCE: S 42° 04' 56” E ALONG THE COMMON LINE OF SAID 6.357 ACRE TRACTS FOR A DISTANCE OF 942.53 FEET (DEED CALL: S 40° 21' 53” E - 942.61 FEET, 9467/173) TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF SAID 13.25 ACRE TRACT MARKING THE EAST CORNER OF SAID 6.357 ACRE TRACT (9467/173) AND THE SOUTH CORNER OF SAID REMAINDER OF 6.357 ACRE TRACT; THENCE: S 41° 31' 06” W ALONG THE COMMON LINE OF SAID 6.357 ACRE TRACT AND SAID 13.25 ACRE TRACT FOR A DISTANCE OF 292.82 FEET (DEED CALL: S 43° 14' 09” W - 292.85 FEET, 9467/173) TO THE POINT OF BEGINNING CONTAINING 6.356 ACRES OF LAND, AS SURVEYED ON THE GROUND MARCH 2018. SEE PLAT PREPARED MARCH 2018, FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4502 Planning & Zoning Commission November 1, 2018 Supporting Materials 1. Waiver Requests 1 – Block Length 2. Waiver Requests 2 – Block Length 3. Waiver Requests 3 – Block Perimeter 4. Waiver Requests 4 – Block Perimeter 5. Waiver Requests 5 – Street Projections 6. Waiver Requests 6 – Street Projections 7. Vicinity Map & Aerial 8. Application 9. Copy of Preliminary Plan Scale 4 lots on approximately 40.7 acres Location Generally located at the intersection of General Parkway and Holleman Drive South Applicant Jim Butler Project Manager Rachel Lazo, Staff Planner rlazo@cstx.gov Project Overview In August 2018, a portion of the subject property was rezoned to GC General Commercial, and the remainder is zoned R Rural. This preliminary plan is in preparation for the future subdivision of the property into 4 lots and includes the extension and right-of-way dedication of General Parkway (minor collector) through the property. Parkland Dedication $1,261 for both lots zoned R Rural which totals to $2,522. Traffic Impact Analysis A TIA was provided with the Rezoning and will be reevaluated at time of site development. Compliant with Comprehensive Plan (including Master Plans) and Unified Development Ordinance Yes Compliant with Subdivision Regulations Yes with the exception of the 6 waivers being requested for UDO Sections 8.3.E.3. ‘Street Projections’, 8.3.G.2. ‘Block Length’, and 8.3.G.4. ‘Block Perimeter’ Staff Recommendation Staff recommends approval of the Preliminary Plan and waiver requests. If the waivers are approved by the Commission, the Preliminary Plan must be approved. If the waivers are denied, the Preliminary Plan must also be denied. Preliminary Plan for Butler Subdivision PP2018-000014 SUBDIVISION WAVIER REQUEST The proposed Preliminary Plan is in compliance with the applicable Subdivision Regulations contained in the Unified Development Ordinance (UDO) except for six waiver requests. Waiver Request 1: UDO Section 8.3.G.2. ‘Blocks’– Per the requirements of this section, block length shall not exceed 660 feet in Urban designations. Proposing a block length of 812 feet, the applicant is requesting a waiver of 152 feet for the block along General Parkway, between Holleman Drive South and Charolais Drive. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission must make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The subject tract has frontage to General Parkway east of Holleman Drive South for approximately 812 linear feet. If providing a block break that aligns with Larimer Way (an existing public way across General Parkway) that extends to Charloais Drive, the proposed street would either cross Bee Creek Tributary B.3.1.1 or conflict with the development’s proposed stormwater detention pond. The UDO allows for floodplain within a platting property to qualify as a break in block. However, due to the configuration of the drainage way, it does not break the subject block. The tributary and associated floodplain also limit an extension of Larimer way from General Parkway to Holleman Drive South. Driveway spacing cannot be met for another street to access Holleman Drive South between Charolais Drive and General Parkway. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; The waiver to block length is necessary due to the configuration of the development and the location of both floodplain and on-site detention. In order to apply the block length requirement, the projection would extend into a portion of Charolais Drive that would otherwise not require a break in block, as the UDO considers floodplain sufficient for a break in block. Therefore, the waiver is necessary for the preservation and enjoyment of the property rights of the applicant. 3) The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and By not disrupting existing floodplain by projecting a street, the granting of this waiver to block length will not have negative impacts on public health, safety, welfare, or surrounding properties. 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. The granting of the requested waiver will not prevent future orderly subdivision in the area. Properties in this vicinity are either already platted as part of the Aspen Heights development or are being included in the proposed development. SUBDIVISION WAVIER REQUEST The proposed Preliminary Plan is in compliance with the applicable Subdivision Regulations contained in the Unified Development Ordinance (UDO) except for six waiver requests. Waiver Request 2: UDO Section 8.3.G.2. ‘Blocks’– Per the requirements of this section, block length shall not exceed 660 feet in Urban designations. Proposing a block length of 1,220 feet, the applicant is requesting a waiver request of approximately 560 feet for the block along General Parkway, between Larimer Way and the adjacent tract to the south. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission must make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The subject tract has frontage to General Parkway east of Larimer Way for approximately 1,220 linear feet. Approximately 692 feet of the subject block exists within the proposed Preliminary Plan, and the remaining 528 feet are within the platted Aspen Heights subdivision. The UDO allows for railroad within a platting property to qualify as a break in block. If a waiver is not granted, the applicant would be required to project a public through street to the existing Union Pacific railroad. However, an additional railroad right-of-way crossing will not be permitted for this location; therefore, projection of a through public street to the east is not possible. The other option, should the waiver request be denied, would be to project a through street to the unplatted tract to the south, which is possible but would disrupt the developable area for a potential large-scale General Commercial development such as a retail anchor or the proposed commercial amusement facility. A break in block cannot be accomplished by a cul-de-sac or looped street. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; The waiver to block length is necessary due to the constraint of the existing railroad and the larger-scale needs of some General Commercial uses. If the waiver is not granted, the subject tract can still be platted; but while it is a large tract, it would not be able to accommodate larger, regional enterprises that General Commercial allows if an additional street is required. As such, the waivers are necessary for the preservation and enjoyment of the property rights of the applicant. 3) The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and The granting of this waiver to block length will not have negative impacts on public health, safety, welfare, of surrounding properties. The proposed development is projecting a thoroughfare to the abutting parcel, which provides connectivity, but it would be at a less frequent interval than the required block length of 660 feet. 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. The granting of the requested waiver will not prevent future orderly subdivision in the area. Properties to the south will have connectivity into this development with the proposed minor collector shown on the City’s Thoroughfare Plan, which is proposed to be extended to the adjacent parcel with Phase 3 of this Preliminary Plan. SUBDIVISION WAVIER REQUEST The proposed Preliminary Plan is in compliance with the applicable Subdivision Regulations contained in the Unified Development Ordinance (UDO) except for six waiver requests. Waiver Request 3: UDO Section 8.3.G.4. ‘Blocks’– Per the requirements of this section, block perimeter shall not exceed 2,000 feet in Urban designations. With a proposed block perimeter of 2,781, the applicant is requesting a waiver of approximately 781 feet. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission must make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; Where opportunities exist to break the block along the perimeter, such breaks will create small block lengths (approximately 300-500 feet) that do not maximize the development potential of the property. The proposed block is located between an existing 4-lane major arterial and a future major collector, and has not yet been rezoned for development. The property is shown as Urban on the Comprehensive Plan’s Future Land Use and Character Map and is in a designated Growth Area, which is intended to be market responsive. The waiver provides the applicant an opportunity to further define access for this Phase of the development with a revised Preliminary Plan once use has been determined. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; The waiver to block perimeter is necessary due to the constraints posed by the tributary bisecting the property and the configuration of the development. If the waiver is not granted, the subject tract can still be platted but would potentially need to be reoriented to account for a break in block perimeter. Should a public street be provided in order to break block perimeter, such projection could limit the development potential for future larger-scale Urban development. Phase 3 has not yet been rezoned for development; however, a revised Preliminary Plan would be required with a further subdivision of Phase 3, and the Block Perimeter waiver would then be reevaluated. 3) The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and The granting of this waiver to block perimeter will not have negative impacts on public health, safety, welfare, or surrounding properties. The proposed development is projecting a thoroughfare to the abutting parcel, which provides connectivity. 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. The granting of the requested waiver will not prevent future orderly subdivision in the area. Properties to the south will have connectivity into this development with the proposed minor collector shown on the City’s Thoroughfare Plan, which is proposed to be extended to the adjacent parcel with this phase of the Preliminary Plan. SUBDIVISION WAVIER REQUEST The proposed Preliminary Plan is in compliance with the applicable Subdivision Regulations contained in the Unified Development Ordinance (UDO) except for six waiver requests. Waiver Request 4: UDO Section 8.3.G.4. ‘Blocks’– Per the requirements of this section, block perimeter shall not exceed 2,000 feet in Urban designations. With a proposed block perimeter of 3,505 feet, the applicant is requesting a waiver of approximately 1,505 feet. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission must make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; Opportunities to break the block along the perimeter are limited with this tract. The property to the north of this block is developed as a large-scale apartment community with no connectivity into the tract. To the east is the railroad that will not allow a break in block. To the southeast the natural flow of drainage limits connectivity points. The block is zoned GC General Commercial, which allows for large-scale commercial uses and is in a designated Growth Area in the Comprehensive Plan, which is intended to be market responsive. Future subdivision into smaller tracts could provide additional connectivity. The strict application of the provision would deprive the applicant of reasonable use of the land. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; The waiver to block perimeter is necessary due to the configuration of the development and constraints on access points along the periphery. If the waiver is not granted, the subject tract can still be platted but while it is a large tract, it would not be able to accommodate larger, regional enterprises General Commercial allows. As such, the waivers are necessary for the preservation and enjoyment of the property rights of the applicant. 3) The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and The granting of this waiver to block perimeter will not have negative impacts on public health, safety, welfare, or surrounding properties. The proposed development is projecting a thoroughfare to the abutting, undeveloped parcel. 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. The granting of the requested waiver will not prevent future orderly subdivision in the area. Properties to the south will have connectivity into this development with the proposed minor collector shown on the City’s Thoroughfare Plan, which is proposed to be extended to the adjacent parcel with Phase 3 of this Preliminary Plan. SUBDIVISION WAVIER REQUEST The proposed Preliminary Plan is in compliance with the applicable Subdivision Regulations contained in the Unified Development Ordinance (UDO) except for six waiver requests. Waiver Request 5: UDO Section 12-8.3.E.3. ‘Street Projections’ – Per the requirements of this section, a subdivision must provide public street projections: 1) In each cardinal direction around the proposed subdivision; 2) At intervals no fewer than the maximum block length along the perimeter boundary of the subdivision; and 3) To provide street connection or street frontage to land locked tracts that do not otherwise have frontage to a public street. The applicant has proposed the extension of General Parkway to the unplatted property to the south. The perimeter block length between Holleman Drive South and General Parkway is 940 feet. An additional street projection is required to meet the 660-ft. maximum Urban block length. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission should make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; A tributary of Bee Creek bisects the subject block. The configuration of the tributary and associated drainage way naturally splits the block, limiting the ability to provide connectivity in the block. With drainage to the southeast, the eastern corner of the block is reserved for the creek and detention and effectively reduces the available boundary distance between Holleman Drive South and General Parkway for a street projection to approximately 940 feet. Block length along Holleman Drive South is approximately 532 feet, 394 feet along Charolais Drive west of the tributary and 380 feet east of the tributary, which are less than the 660 required. A projection to the southern boundary will further reduce those west and north blocks lengths to provide a projection that will create additionally small block lengths to the south. In addition, the eastern portion of the development has been rezoned for commercial use, but the western portion remains R Rural. The waiver provides the applicant an opportunity to further define access for this Phase of the development with a revised Preliminary Plan once use has been determined. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; The waiver to the street projection is necessary due to connectivity constraints the existing tributary and drainage pose in this area. If the waiver is not granted, the subject tract can still be platted but a projection could limit the development potential for future Urban development. The waiver provides the applicant an opportunity to further define access for this Phase of the development with a revised Preliminary Plan once use has been determined. 3) The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and The granting of this waiver to street projections will not have negative impacts on public health, safety, welfare, or surrounding properties. The proposed development is projecting a thoroughfare to the abutting parcel, which provides connectivity, but it would be at a less frequent interval than the required block length of 660 feet. 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. The granting of the requested waiver will not prevent future orderly subdivision in the area. Properties to the south will have connectivity into this development with the proposed minor collector shown on the City’s Thoroughfare Plan, which is proposed to be extended to the adjacent parcel with Phase 3 of this Preliminary Plan. SUBDIVISION WAVIER REQUEST The proposed Preliminary Plan is in compliance with the applicable Subdivision Regulations contained in the Unified Development Ordinance (UDO) except for six waiver requests. Waiver Request 6: UDO Section 8.3.E.3. ‘Street Projections’ – Per the requirements of this section, a subdivision must provide public street projections: 1) In each cardinal direction around the proposed subdivision; 2) At intervals no fewer than the maximum block length along the perimeter boundary of the subdivision; and 3) To provide street connection or street frontage to land locked tracts that do not otherwise have frontage to a public street. The applicant has proposed the extension of General Parkway to the unplatted property to the south. The perimeter block length between General Parkway and the eastern edge of the property is 763 feet. An additional street projection is required to meet the 660-ft. maximum Urban block length. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission should make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; Drainage on the property is generally to the southeast, which limits the area that street could project along this boundary. A street projection could be accommodated, but it would be limited to a point on the boundary closer to the railroad, to which no future streets could then project east. In addition, the subject property is zoned GC General Commercial, which allows for large-scale commercial uses, and is in a designated Growth Area in the Comprehensive Plan, which is intended to be market responsive. The waiver provides the applicant an opportunity to restrict the number of access points to the proposed development as the scale requires larger tracts of land, and additional connectivity could be provided with future subdivision into smaller tracts. The strict application of the provision would deprive the applicant of reasonable use of the land. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; The waiver to the street projection is necessary due to the natural drainage of the tract and connectivity constraints the existing railroad poses to development in this area, and the larger-scale needs of some General Commercial uses. If the waiver is not granted, the subject tract can still be platted but while it is a large tract, it would not be able to accommodate larger, regional enterprises General Commercial uses. As such, the waivers are necessary for the preservation and enjoyment of the property rights of the applicant. 3) The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and The granting of this waiver to street projections will not have negative impacts on public health, safety, welfare, or surrounding properties. The proposed development is projecting a thoroughfare to the abutting parcel, which provides connectivity, but it would be at a less frequent interval than the required block length of 660 feet. 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. The granting of the requested waiver will not prevent future orderly subdivision in the area. Properties to the south will have connectivity into this development with the proposed minor collector shown on the City’s Thoroughfare Plan, which is proposed to be extended to the adjacent parcel with Phase 3 of this Preliminary Plan. THIS APPLICATION NOT REQUIRED IF APPLYING ELECTRONICALLY (4 FOR OFFICE USE ONLY CASE NO.:_________________ DAT SUBMITTED:_____________ CITY OF COLLEGE STATION STAFF ____________________ Home of Texas A&M Universi~ PRELIMINARY PLAN APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ~Preliminary Plan Application Fee.(Refer to the Planning and Development Fee Schedule for all applicable fee) ~Waiver Request to Subdivision Regulations Fee (if applicable). ~Application completed in full.This application form provided by the City of College Station must be used and may not be adjusted or altered.Please attach pages if additional information is provided. ~Copy of plan.A revised mylar original must be submitted after approval. ~Title report for property current within ninety (90)days or accompanied by a Nothing Further Certificate current within ninety (90)days.The report must include applicable information such as ownership,liens, encumbrances,etc. ~Impact study (if oversized participation is requested). ~The attached Preliminary Plan checklist with all items checked off or a brief explanation as to why they are not. Date of Optional Preapplication Conference N/A NAME OF PROJECT Butler Subdivision ADDRESS Holleman Drive South SPECIFIED LOCATION OF PROPOSED SUBDIVISION: South of the Aspen Heights Subdivision at the end of General Parkway APPLICANT/PROJECT MANAGER’S INFORMATION (Primary contact for the project): Name Jim Butler E-mail jgb9611@aol.com Street Address 6010 Thoroughbred Ridge City College Station State TX Zip Code 77845 Phone Number (979)229-5471 Fax Number __________________________________ PROPERTY OWNER’S INFORMATION (ALL.owners must be identified. Please attach an additional sheet for multiple owners): Name J &JButlerFamily Partnership,LTD -Jim Butler E-mail !9b9611@a01C0m Street Address 6010 Thoroughbred Ridge City College Station State TX Zip Code 77845 Phone Number (979)229-5471 Fax Number __________________________________ ARCHITECT OR ENGINEERS INFORMATION: Name Schultz Engineering,LLC -Joe Schultz P.E.E-mail eng~scultzeng.com Street Address 911 Southwest Parkway East City College Station State TX Zip Code 77845 Phone Number (979)764-3900 Fax Number __________________________________ Revised 3/18 Page 1 of 6 Total Acreage 40.707 Total No.of Lots 4 R-O-W Acreage 2.120 Number of Lots By Zoning District 2 I R 2 I GC I Average Acreage Of Each Residential Lot By Zoning District: 11.063 /R 8.23 ,i GC ______,,__________________ Floodplain Acreage 0 NOTE:Appropriate zoning for the proposed subdivision must be in place before this application can be considered complete. Are you proposing to dedicate park land by acreage or fee in lieu of land?__________________________________________ Are you proposing to fl develop the park ~dedicate the development fee? (Check one) This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance.Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s)and you are requesting the application be reviewed under previous ordinance as applicable? ~Yes ~No If yes,provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: City Project Number (if known): Date I Timeframe when submitted: Requested wavier to subdivision regulations and reason for same (if applicable): Section 12-8.3.G Block Length Section 12-8.3.G Block Perimeter Section 12-8.3.E.3 Street Projections Revised 3/18 Page 2 of 6 Regarding the waiver request,explain how: There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. See attached waiver request information. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. See attached waiver request information. 3. 4. The granting of the waiver will not be detrimental to the public health,safety,or welfare,or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance. Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1.~An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way; 2.fl The presence of unique or unusual topographic,vegetative,or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City’s comprehensive Plan; 3.fl A capital improvement project is imminent that will include construction of the required sidewalk.Imminent shall mean the project is funded or projected to commence within twelve (12)months; 4.fl Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context; 5.fl When a sidewalk is required along a street where a multi-use path is shown on the Bicycle,Pedestrian,and Greenways Master Plan; 1. 2. See attached waiver request information. See attached waiver request intormation. Revised 3/18 Page 3 of 6 6.E The proposed development is within an older residential subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivisions Section of the UDO;or 7.~The proposed development contains frontage on a Freeway /Expressway as designated by Map 6.6, Thoroughfare Plan -Functional Classification,in the City’s Comprehensive Plan. Detailed explanation of condition identified above: N/A NOTE:A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning &Zoning Commission. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true,correct,and complete.IF THIS APPLICATION 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 accompanied by proof of authority for the company’s representative to sign the application on its behalf.LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above. S~’nature and title Date Revised 3118 Page 4 of 6 CITY OF COLLEGE STATION Home ofTexasA&M University~ PRELIMINARY PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Drawn on 24”x 36”sheet to scale of 100’per inch or larger.Include the words “PRELIMINARY PLAN - NOT FOR RECORD”in letters 1/2”high.If more than 1 sheet,an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits.No scale required but include north arrow. Title Block with the following information: Name and address of subdivider,recorded owner,engineer and surveyor. ~Proposed name of subdivision (subdivision name &street names will be approved through Brazos County 911). ~Date of preparation (including the date the plat was submitted and the dates of any revisions on the plat). ~Engineer’s scale in feet. ~Total area intended to be developed. ~North Arrow. Location of current city limit lines and current zoning district boundary.The appropriate zoning district(s) must be in place for the proposed land uses before the application for a subdivision. Subdivision boundary indicated by heavy lines.Boundary must include all of parent tract. Descriptions by metes and bounds of the subdivision which shall close within accepted land survey standards. (Labeled on boundary lines,not separate metes and bounds description.) ~Primary control points or descriptions and ties to such control point,to which ,later,all dimensions, angles, bearings, block numbers,and similar data shall be referred.The plat shall be located with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part. ~Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land,and an indication whether or not contiguous properties are platted. ~Location of the 100 Year Floodplain and Floodway,if applicable,according to the most recent available data. ~Topographic information, including contours at two foot (2 ft.)intervals,wooded areas,and flowline elevation of streams. ~Proposed land uses (in compliance with existing zoning district). ~The location and description with accurate dimensions,bearings or deflection angles and radii,area, center angle,degree of curvature,tangent distance and length of all curves for all of the following: (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision,as well as,those within the subdivision). Revised 3/18 Page 5 of 6 Existing Proposed Streets.Continuous or end in a cul-de-sac, stubbed out streets must end into a temp.turn around unless they are shorter than 100 feet. Public and private ROW.locations and widths.(All existing and proposed ROW’s sufficient to meet Thoroughfare Plan.) Street offsets and/or intersection angles meet ordinance. Alleys. Well site locations. ~Pipelines.If carrying flammable gas or fuel,also show size of line,design pressure and product transported through the line. ~Utility services (water &sanitary sewer).All existing and proposed utilities of sufficient size/depth to meet the utility master plan and any future growth areas. ~Easements. ~Drainage structures and improvements including underground storm sewer and all overland systems (flow line of existing watercourses)and showing where these will discharge.Proposed channel cross sections,if any. ~A number or letter to identify each lot or site and each block (numbered sequentially). D Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of their recommendation provided prior to being scheduled for P&Z Commission consideration. Greenways dedication. Public areas. Other public improvements,including but not limited to parks,schools and other public facilities. Proposed phasing.Each phase must be able to stand alone to meet ordinance requirements and infrastructure costs shown to be distributed evenly throughout the subdivision. Phases must be final platted in sequential order as shown or defined on the preliminary plan. Are there impact fees associated with this development?~Yes ~No Revised 3/18 Print Form Page 6 of 6 Butler Subdivision -Waiver Request 1.Waiver to Section 12-8.3.E.3 Street Projections Justification for Waiver: The requested waiver is for street projection to the southern block face block 1,299 feet in length. This block is located on the south side of the Butler Subdivision between Holleman Drive South and General Parkway. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to market Lot 1,Block 2 as a multi-family development tract. The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be a single user multi-family development. 2.The waiver is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 2 to be developed as a single multi-family development which is allowed in urban land use areas. 3.The granting of the waiver will not be detrimental to the public health,safety, or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to other property as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. This property only has one adjacent tract that can be developed.This tract has or will have public street access in each direction.It has approximately 1,200’offrontage on Holleman Drive South which will allow for several access points.The granting of this waiver will not prevent the orderly subdivision of the adjacent tract. 2.Waiver to Section 12-8.3.G.Blocks.2.Block Length 2 Justification for Waiver: The requested waiver is for the creation of a block 812 feet in length which exceeds the maximum block length of 660’. This block is located along the south side of the General Parkway between Holleman Drive South and Charolais Drive. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to market Lot 1,Block 3 as a multi-family development tract. The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be a single user multi -family development. 2.The waiver is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 3 to be developed as a single multi-family development which is allowed in urban land use areas. 3.The granting of the waiver will not be detrimental to the public health, safety,or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to other property as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. This lot has no adjacent tract that can be developed.This lot has public street access in each direction.The granting of this waiver will notprevent the orderly subdivision of any adjacent properties. 3.Waiver to Section 12-8.3.G.Blocks.2.Block Length 5 Justification for Waiver: The requested waiver is for the creation of a block 735 feet in length which exceeds the maximum block length of 660’. This block is located on the west side of General Parkway between Charolais Drive and the south side of the Butler property. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to market Lot 1,Block 3 as a multi-family development tract. The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be a single user multi-family development. 2.The waiver is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 3 to be developed as a single multi-family development which is allowed in urban land use areas. 3.The granting of the waiver will not be detrimental to the public health,safety,or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to otherproperty as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. Extension of a street from General Parkway to Holleman Drive South through this lot would notprovide access or connection for any other tracts.This lot has public street access in each direction.The granting of this waiver will not prevent the orderly subdivision of any adjacent properties. 4.Waiver to Section 12-8.3.G.Blocks.2.Block Length 6 Justification for Waiver: The requested waiver is for the creation of a block 700 feet in length which exceeds the maximum block length of 660’. This block is located on the north side of General Parkway between Aspen Heights and the south side of the Butler property. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to develop Lot 1,Block 1 as a commercial development for a Big Shots Golf Facility.The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be this commercial development. 2.The waiver is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 1 to be developed as a commercial development requires a lot of this size. 3.The granting of the waiver will not be detrimental to the public health,safety,or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to other property as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. This lot is adjacent to the rail road and a street could not cross the railroad so there is no need for the street.The granting of this waiver will not prevent the orderly subdivision of any adjacentproperties. 5.Waiver to Section 12-8.3.E.3 Street Projections Justification for Waiver: The requested waiver is for street projection for the 765 foot block face located on the south side of the Butler property between the General Parkway and Weilborn Road. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to develop Lot 1,Block 1 as a commercial development for a Big Shots Golf Facility.The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be this commercial development. 2.The wavier is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 1 to be developed as a commercial development requires a lot of this size. 3.The granting of the waiver will not be detrimental to the public health,safety,or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to otherproperty as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. This property only has one adjacent tract that can be developed.This tract has or will have public street access in each direction.It has approximately 1,200’offrontage on Holleman Drive South which will allow for several access points.The granting of this waiver will not prevent the orderly subdivision of the adjacent tract. 6.Waiver to Section 12-8.3.G.Blocks.4.Block Perimeter 1 Justification for Waiver: The requested waiver is for the creation of a block with 1994 feet in perimeter which exceeds the maximum block perimeter length of 1600’.This block is bounded by Holleman Drive South, Charolais Drive,General Parkway,and the private drainage easement for the approximate 100 year storm limits. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to market Lot 1,Block 3 as a multi-family development tract. The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be a single user multi-family development. 2.The wavier is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 3 to be developed as a single multi-family development which is allowed in urban land use areas. 3.The granting of the waiver will not be detrimental to the public health,safety,or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to other property as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. This lot has no adjacent tract that can be developed.This lot has public street access in each direction.The granting of this waiver will notprevent the orderly subdivision of any adjacent properties. 7.Waiver to Section 12-8.3.G.Blocks.4.Block Perimeter 2 Justification for Waiver: The requested waiver is for the creation of a block with 2560 feet in perimeter which exceeds the maximum block perimeter length of 1600’.This block is located at the south side of the Butler property bound by Holleman Drive South,Charolais Drive,and the private drainage easement for the approximate 100 year storm limits. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to market Lot 1,Block 2 as a multi-family development tract. The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be a single user multi-family development. 2.The wavier is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 2 to be developed as a single multi-family development which is allowed in urban land use areas. 3.The granting of the waiver will not be detrimental to the public health,safety,or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to otherproperty as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. This property only has one adjacent tract that can be developed.This tract has or will have public street access in each direction.It has approximately 1,200’offrontage on Hollemnan Drive South which will allow for several access points.The granting of this waiver will not prevent the orderly subdivision of the adjacent tract. 8.Waiver to Section 12-8.3.G.Blocks.4.Block Perimeter 3 Justification for Waiver: The requested waiver is for the creation of a block with 3505 feet in perimeter which exceeds the maximum block perimeter length of 1600’.This block is located at the south side of the Butler property between Weilborn Road and General Parkway. 1.There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. The land owner desires to market Lot 1,Block 2 as a multi-family development tract. The lot size is appropriate for this use.Adding a street to subdivide it into multiple lots would limit its use such that it could not be a single user multi-family development. The existing railroad right of way along the northeast side of the tract prevents the block from being broken. 2.The wavier is necessary for the preservation and enjoyment of substantial property right of the applicant. The waiver is necessary for Lot 1,Block 2 to be developed as a single multi-family developmnemit which is allowed in urban land use areas. 3.The granting of the waiver will not be detrimental to the public health,safety,or welfare, or injurious to other property in the area,or to the City in administering subdivision regulations. The granting of this waiver for this development will not be detrimental to the public health,safety,or welfare,or injurious to other property as the development will comply with all other standards and requirements. 4.The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the previsions of the Unified Development Ordinance. This property only has one adjacent tract that can be developed.This tract has or will have public street access in each direction.It has approximately 1,200’offrontage on Hollemnan Drive South which will allow for several access points.The granting of this waiver will not prevemit the orderly subdivision of the adjacent tract. HOLLEMAN DRIVE SOUTHG E N E R A L P A R K W A Y CALLED OLD HIGHWAY 6 R.O.W.LOT 1BLOCK 3 LOT 1 BLOCK 2 LOT 1 BLOCK 1 LOT 2 14.257 AC. 2.203 AC. PHASE 1 PHASE 3 GENERAL PARKWAYLARIMER WAY7.949 AC. 14.177 AC. PHASE 4 PHASE 2 CHARO L AI S D RI V E STORMWATERDETENTION POND STORM WATER DETENTION POND STORMWATER DETENTION POND STORMWATER DETENTION POND STORMWATER DETENTION POND STORM WATER DETENTION POND LEGEND LEGEND TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840  (979) 764-3900 ENGINEER: PRELIMINARY PLAN BUTLER SUBDIVISION 40.707 ACRES - 4 LOTS CRAWFORD BURNETT LEAGUE, A-7 COLLEGE STATION, BRAZOS COUNTY, TEXAS SURVEYOR: H. Curtis Strong, RPLS No. 4961 Strong Surveying, LLC 1722 Broadmoor Dr., Ste 105 Bryan, TX 77802 (979) 776-9836 SCALE: AS SHOWN SEPTEMBER 2018 OWNER/DEVELOPER: J & J Butler Family Partnership LTD. 6010 Thoroughbred Ridge College Station, TX 77845 (979) 229-5471 PRELIMINARY PLAN NOT FOR RECORD PHASE 1: LOT 1, BLOCK 1 - 14.511 ACRES PHASE 2: LOT 2, BLOCK 1 - 2.203 ACRES PHASE 3: LOT 1, BLOCK 2 - 16.044 ACRES PHASE 4: LOT 1, BLOCK 3 - 7.949 ACRES VICINITY MAP NOT TO SCALE HARVEY MITCHELL PKWY S - F M 2 8 1 8 W E L L B O R N R D HARV E Y MI T C HE LL P K W Y S - F M 2818WEL LBORN RD GENERAL COMMERCIAL (GC) ZONING 16.935 ACRES RURAL (R) ZONING 23.773 ACRES ZONING November 1, 2018 Regular Agenda Rezoning – Wolters Tract To: Planning & Zoning Commission From: Justin Constantino, Senior Planner Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A , “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to RS Restricted Suburban and NAP Natural Areas Protected for approximately 46.18 acres located near North Forest Pkwy, generally located north of Appomattox Dr. and the Emerald Forest Subdivision. Case # REZ2018-000013 (Note: Final action of this item will be considered at the November 19th City Council Meeting – Subject to change). Recommendation: Staff recommends approval. Summary: The applicant has requested a rezoning from R Rural to 33.5 acres of RS Restricted Suburban and 12 acres of NAP Natural Areas Protected. The RS zoning district is designed to provide land for detached medium-density, single-family residential development. These areas consist of residential lots with an average lot area of ten thousand (10,000) square feet or an average of eight thousand (8,000) square feet when clustered around open space. The NAP area is a designated buffer area along Carters Creek, which runs along the property boundary. It creates a separation between the residential zoned area and the creek bed. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as Restricted Suburban and Natural Areas Protected. The Restricted Suburban land use designation is generally for areas that should have a moderate level of development activities. These areas will tend to consist of medium- density single-family residential lots (average 8,000 square feet) when clustered around open space, or larger lot sizes when not clustered. The proposed zoning of RS Restricted Suburban permits medium-density single-family residential lots, allowing the property to be developed consistent with the Comprehensive Plan. The property along the creek is designated as Natural Areas Reserved—a designation for areas that represent a constraint to development and should be preserved for their natural function. The applicant is proposing NAP Natural Areas Protected zoning for the area generally encompassing the 100-year floodplain, with some additional area for slope stability to prohibit development too close to the creek bed, which is consistent with the Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The properties to the south of the subject property are developed as single-family homes zoned General Suburban. This proposed zoning change would be similar to the properties existing to the south. The adjacent property of undeveloped and agricultural uses is similarly compatible with the potential Restricted Suburban subdivision or for portions of it to remain as an agricultural use for grazing livestock. The Carter Creek Wastewater Treatment Plant is located to the west of the property. The NAP area is a designated buffer area along the creek that runs along the property boundary. The NAP area creates a separation between the residential zoned area and the creek bed, which can be considered hazardous in some places due to the steep slopes along the bank of the creek. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: Under RS Restricted Suburban, the property would be allowed to develop as single-family homes with lots that average 10,000 square feet or if clustered 8,000 square feet. The subject property would connect to the existing Spring Creek Street and would function similar to a continuation of the adjacent neighborhood. If the property is developed where there are more than 30 lots, a minimum of two street connections to external paved public streets will be required. If there are between 30 and 99 lots, the Commission may allow a Remote Emergency Access at the platting stage where development phasing or constraints of the land prevent the provision of a second street connection. The creek, along its northern boundary and the floodplain on the adjacent property to the east create natural buffers around the proposed site. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Water service will be by the City of College Station. There is an existing 8-inch waterline on the western side that the development may utilize to extend and serve the properties. Sanitary Sewer service is available via an existing 27-inch sewer trunk line that is crossing the subject tract. The majority of the northern subject tract is in the Carter Creek Drainage Basin. The other southern half of the tract is in the Bee Creek Drainage Basin. The subject tract does not require detention. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. All other infrastructure appear to have adequate capacity to serve the proposed rezoning. 5. The marketability of the property: The property could be marketed as an R Rural subdivision with three acre lot averages or it could remain agricultural as the property has some agricultural potential. Overall, the proposed RS Restricted Suburban and NAP Natural Area Protected rezonings are anticipated to increase the marketability of the property. STAFF RECOMMENDATION Staff recommends approval of the rezoning request. SUPPORTING MATERIALS 1. Background Information 2. Vicinity, Aerial, and SAM 3. Application 4. Rezoning Map 5. Rezoning Exhibit NOTIFICATIONS Advertised Commission Hearing Date: November 1, 2018 Advertised Council Hearing Dates: November 19, 2018 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: Emerald Forest HOA Property owner notices mailed: 6 Contacts in support: None at the time of staff report. Contacts in opposition: None at the time of staff report. Inquiry contacts: One at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Natural Areas Reserved None (ETJ) Undeveloped South General Suburban and Natural Areas Reserved Rural Greenways and Undeveloped East Natural Areas Reserved Rural Undeveloped West Utilities and Natural Areas Reserved Rural Wastewater Treatment Plant and Undeveloped DEVELOPMENT HISTORY Annexation: 1977 Zoning: Property zoned A-O Agricultural Open upon annexation A-O Agricultural Open renamed to R Rural in 2013 Final Plat: N/A - Unplatted Site development: Property is undeveloped. View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=6696628&GUID=3CD7FDFE-0B8D-4A97-BCF0-2591A7207A24[10/29/2018 8:33:05 AM] Planning & Development Services  1101 Texas Avenue, PO Box 9960  College Station, TX 77840 Office 979.764.3570 / Fax 979.764.3496 MEMORANDUM November 1, 2018 TO: Members of the Planning & Zoning Commission FROM: Laura Gray, Senior Planner SUBJECT: UDO Amendment – Accessory Living Quarters Item: Public hearing, presentation, possible action, and discussion regarding an ordinance amendment to Appendix A, “Unified Development Ordinance,” Section 6.5,”Accessory Uses”, Section 7.3.H, “Number of Off-Street Parking Spaces Required”, and Section 11.2, “Defined Terms”. Case# ORDA2018-000009. (Final action on this item is scheduled for the November 19, 2018 City Council Meeting- subject to change) Background: As part of the 2017 Plan of Work, two community engagement meetings were held on April 30th to gather input on various neighborhood protection proposals, including potential amendments to the City’s Accessory Living Quarter requirements. Attendees were able to provide feedback via paper surveys at both community engagement meetings and an online survey was also open for a period of two weeks following the meetings. Following the positive recommendation of the Planning & Zoning Commission, City Council directed staff to draft a Unified Development Ordinance revision allowing for the rental of accessory living quarters if the principal structure should be owner-occupied, limit the number of unrelated persons in these units to no more than two, and require one additional parking space at its June 28th Council workshop. Supporting Materials: 1. Section 6.5 “Accessory Uses” Redline 2. Section 7.3 “Off-Street Parking Standards” Redline 3. Section 11.2 “Defined Terms” Redline Sec. 6.5. - Accessory Uses. A. Accessory Uses. Accessory uses are allowed with permitted, established primary structures and uses subject to the following: 1. The use or structure is subordinate to and serves a primary use or principal structure; 2. The accessory use shall be subordinate in area, extent, and purpose to the primary use served; 3. The accessory use shall contribute to the comfort, convenience, or necessity of occupants of the primary use served; 4. The accessory use shall be located within the same zoning district as the primary use is permitted; and 5. Accessory uses located in residential districts shall not be used for commercial purposes other than permitted home occupations. B. Accessory Structures. 1. In combination, all accessory uses shall contain no more square footage than twenty-five (25) percent of the habitable floor area of the principal structure (with the exception of garage or carport areas devoted to the storage of vehicles, which shall not be included in the calculation and may exceed the twenty-five (25) percent restriction). 2. No accessory structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building or structure if the Building Official has determi ned that it does not require a Building Permit. 23. On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property line. In no event shall more than thirty (30) percent of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures, or uses. 34. The following restrictions shall apply to accessory buildings, structures, or uses other than garages, carports, and living quarters. for family or servants a. A minimum rear setback of fifteen (15) feet; and, b. A maximum building eave height of eight (8) feet. 45. Garage and Carports. Garages and carports in residential zoning districts, including those of a temporary nature, shall have a minimum rear setback of twenty (20) feet. A minimum side yard setback of twenty (20) feet shall also be applied when garages and carports, including those of a temporary nature, gain access from a side street. All other setbacks shall be applied as required in the district in which the structure is located. The following restrictions shall apply to garages and carports: a. A minimum rear setback of twenty (20) feet; and, b. A minimum side street setback of twenty (20) feet is required for garages or carports that face onto side streets. 56. Living Quarters. In areas zoned and used for single family residential use, accessory living quarters are allowed subject to the following: Accessory apartments may not be rented to persons other than bona fide servants employed on the premises and members of the family of the occupant(s) of the principal structure. a. Single meter service shall be provided to each buildable parcel.The property owner resides on-site and uses the subject property as their primary residence. b. The accessory use shall be subordinate to and serve a primary use or principal structure.There is a limit of one (1) accessory living quarter per building plot. c.b. In combination, all accessory uses shall contain no more square footage than twenty-five (25) percent of the habitable floor area of the principal structure (with the exception of garage or carport areas devoted to the storage of vehicles, which shall not be included in the calculation and may exceed the twenty-five (25) percent restriction. dc. A minimum rear setback as stated in Section 5.2, Residential Dimensional Standards, for the district in which the accessory building or structure is located; and No more than two (2) unrelated persons live in the accessory living quarters; and ed. A maximum size not to exceed twenty-five (25) percent of the area of the principal structure. One (1) additional off-street parking space is provided for the living quarters. C. Home Occupation. A home occupation is that accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. 1. In-home Day Care (six (6) or fewer people). 2. Bed and Breakfast. A bed and breakfast facility shall be considered accessory to a single-family dwelling. a. No more than four (4) unrelated individuals may occupy the property overnight. b. The facility must maintain a residential appearance and be the permanent residence of the proprietor. c. Limit number of rooms to four (4) where shared/common bathrooms may be provided. d. No cooking facilities are permitted in individual rooms. 3. Taxicab Services. Taxicab services may be permitted as a home occupation provided that no more than two (2) commercial vehicles associated with a taxicab service are parked or stored on- or off-street at any time. Per Ordinance No. 3281 (September 9, 2010) 4. Exclusions to Home Occupations. No home occupation shall be permitted that results in any of the following: a. Changes the outside appearance of the dwelling; b. Is visible from the street; c. Generates traffic, parking, sewerage, or water use in excess of what is normal in the residential neighborhood; d. Results in the off-street or on-street parking of more than two (2) vehicles at any one (1) time not owned by members of the occupant family; e. Creates a hazard to persons or property; f. Results in electrical interference; g. Is a nuisance; h. Results in the any outside storage or display; or i. Includes employment within the home or on the premise of persons other than members of the occupant family. 5. Prohibited Home Occupations. The following are prohibited as home occupations: a. Barber, beauty, and other personal service shops; b. Animal hospitals, stables, or kennels; c. Dance studios, schools; d. Mortuaries; e. Private clubs; f. Repair shops; g. Restaurants; h. Automobile paint or repair shops; i. Doctor, dentist, veterinarian, or other medically related office; or j. Rooming/Boarding House. D. Recycling Facilities - Small. 1. Single Feed Reverse Vending Machines. Single feed reverse vending machines may be located with a permit either in the interior or immediate exterior of commercial, industrial, or public facilities. 2. Small Collection Facilities. Small collection facilities may be permitted when established on an improved surface in conjunction with an existing commercial or industrial use or public facility. The host facility must be in compliance with all City codes. No facility may occupy more than five hundred (500) square feet, nor occupy more than five (5) parking spaces of the host site. All vehicular and pedestrian circulation aisles shall be unobstructed. a. Setbacks. Each facility shall be set back at least ten (10) feet from any right-of -way line when located in front of the host use. Side, side street, and rear setbacks established for commercial uses shall be maintained. Containers intended for twenty-four-hour donation of materials shall be a minimum of forty (40) feet from property zoned or developed for residential use. Attended facilities within one hundred (100) feet of residentially-zoned or developed property shall operate between the hours of 9:00 a.m. and 7:00 p.m. b. Landscaping. A small collection facility shall not be placed on the host site in such a manner as to impair the landscaping required for the subject site. c. Parking. One (1) space will be required if an attendant is provided. Occupation of parking spaces by the collection facility and attendant shall not reduce available parking spaces below the minimum number required by ordinance for the host site. d. Noise. Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially-zoned or developed property, otherwise noise levels shall not exceed seventy (70) dBA. e. Signage. Each container must be clearly labeled with a sign, limited to one (1) per container and no larger than twenty (20) percent of the side upon which the sign is placed, to provide information pertaining to the type of material to be collected within the container, and the name and telephone number of a person responsible for maintenance who may be contacted at all times. E. Portable Storage Structures. 1. General Provisions. a. A permit shall be obtained prior to placing a Portable Storage container on property unless otherwise exempted herein. b. The following are exempt from the requirements of this Section: 1. Property with an active building or development permit. 2. Properties zoned M-2, Heavy Industrial or BPI Business Park Industrial. M-2 Heavy Industrial and BPI Business Park Industrial that abut residential zoning districts or uses shall comply with this exemption. 3. Sites in which storage containers constitute a principal use, as determined by the Administrator. 4. Containers that receive site plan approval as per 3.b, Development of a Permanent Storage Container Area, of this Section. c. Placing material on top of, or the vertical stacking of, Portable Storage containers is prohibited. d. Permits shall be posted on the storage container. If a container is replaced by another during the permit period, the permit shall be removed and placed on the newly placed container. If the container is visible from a right-of -way, then the permit shall be posted in view of the right-of -way. e. Storage containers shall be placed outside of right-of -way and the sight triangle as established in Section 7.2.C, Visibility at Intersections in all Districts. f. Storage containers shall be places on an improved surface as specified in Section 7.3.G, Off-Street Parking Standards, Surfacing. g. In the event of a natural disaster of extenuating circumstance, the Administrator may grant that a permit be extended up to thirty (30) additional days. h. An application for permit of a storage container shall be accompanied by a fee of forty dollars ($40.00). 2. Additional Provision for Residential Property. a. No more than one (1) Portable Storage container shall be allowed at a time per dwelling unit. b. A permit is not required for the first fourteen (14) days a storage container is located on residential property. An extension for up to an additional fourteen (14) days may be obtained through an approved permit. A storage container shall not be located on residential property for longer than twenty-eight (28) days. c. No more than two (2) permits may be issued to a dwelling unit per calendar year and there shall be a minimum of thirty (30) days between issuance of permits. d. No storage container shall exceed a height of eight (8) feet, a width of eight (8) feet, or a floor area of one hundred thirty (130) square feet. e. Storage containers may be screened from view of the right-of -way and adjacent properties instead of being placed on an improved surface. 3. Additional Provisions for Non-Residential Property. a. Temporary Placement. 1. Each address shall be allowed one (1) storage container. Additional storage containers are permissible provided that all containers do not utilize the area of more than five (5) percent of the existing parking spaces, or sixteen (16) spaces, whichever is smaller. 2. Storage container(s) shall not be allowed more than three (3) separate time periods per calendar year and there shall be a minimum of thirty (30) days between the issuance of permits. 3. A permit shall remain valid for a maximum of forty-five (45) days. If multiple permits are allowed, as per 3.a.1 above, all containers must be removed within forty-five (45) days of the date of the initial permit is issued. 4. Storage containers shall not be placed in the front yard of a site, adjacent to right-of- way, or interfere with on-site traffic flow. If rear or side yard placement is not possible, the alternate location shall be approved by the Administrator. 5. Storage containers shall meet front and side street setbacks as stated in Section 5.4, Non-Residential Dimensional Standards. Storage containers shall also meet side and/or rear setbacks when the property line abuts a residential use. b. Development of a Permanent Storage Container Area. 1. In lieu of a permit, site plan approval identifying the location of an area to be used for the placement of storage container(s) for an indefinite period shall be obtained prior to placing container(s) on property. 2. Storage container(s) shall be screened from view when visible from a right-of -way or adjacent property. If required, screening shall be accomplished by landscaping and an eight-foot wooden fence or wall. 3. Additional parking shall be provided based on the square footage of the screened area for the container(s) according to Section 7.3, Off-Street Parking Standards. Per Ordinance No. 3253 (June 24, 2010) (Ord. No. 2012-3449 , Pt. 1(Exh. G), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. D), 9-27-2012) Sec. 7.3. - Off-Street Parking Standards. H. Number of Off-Street Parking Spaces Required . In computing the number of parking spaces required, the following rules shall govern: 1. Parking requirements based on square footage shall be based upon the gross floor area, unless otherwise stated. Service areas such as mechanical rooms, restrooms, and closets shall be included in the calculation of "gross floor area" for determining required parking spaces; 2. Where fractional spaces result in computing required parking spaces, the required number of spaces must be increased to the nearest whole number. At least one (1) parking space must be provided unless otherwise specified in this UDO; 3. The parking space requirements for a use not specifically liste d shall be the same as those for the most similar to the proposed use, as determined by the Administrator; 4. Whenever a building or use constructed or established after the effective date of this UDO is changed or enlarged in floor area, number of emplo yees, number of dwelling units, seating capacity, or otherwise, parking requirements shall be met on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this UDO is enlarged, the enlarged building or increased use shall then and thereafter comply with the parking requirements set forth herein; 5. At the time of construction, redevelopment, or when an addition to the number of existing bedrooms is completed, all single-family and townhouse uses shall come into compliance with the minimum off-street parking requirements. Garages that meet minimum dimensional standards may be counted towards parking requirements; 6. Where requirements are established on the basis of the number of seats, such requirements shall be based on the seating capacity as determined by the Building Official; 7. Where a m anufacturing/industrial use has more than one (1) working shift of employees, parking shall be provided to accommodate overlap requirements during transition periods; and 8. The Design Review Board may waive parking space requirements in the Northgate an d Wolf Pen Creek districts if the development meets the goals of the master plan for the respective district. MINIMUM OFF-STREET PARKING REQUIREMENTS Use Unit Spaces/Unit Plus Spaces For: Assisted Living/Residential Care Facility As determined by the Administrator ***** Airport As determined by the Administrator ***** Banks 250 s.f. Floor area over 500 s.f.: 1.0 Bowling Alley As Determined by the Administrator ***** Bus Depot As Determined by the Administrator ***** Car Wash (Self-Serve) Wash Bay 1.0 1.0 space per vacuum bay Church Seat 0.33 * Convalescent Home/Hospital Bed 0.5 Duplex Dwelling: 1 & 2 Bedroom DU 2.0 3+ Bedroom BR 1.0 Dormitory Bed 0.75 Day Care Center 250 s.f. Floor area over 500 s.f.: 1.0 Fraternal Lodge 75 s.f. Floor area over 150 s.f.: 1.0 Fraternity/Sorority House Person 1.0 1/30 s.f. meeting room Freight Station As Determined by the Administrator ***** Funeral Parlor Seat 0.33 Furniture Sales, Freestanding 350 s.f. Floor area over 700 s.f.: 1.0 Golf Driving Range Tee Station 1.0 Health Club/Sports Facility As Determined by the Administrator ***** Gasoline and Fuel Service 300 s.f. 1.0 Group Housing BR 2.0 As Determined by the Administrator Health Studio 150 s.f. Floor area over 300 s.f.: 1.0 Hospital As Determined by the Administrator ***** Hotel/Motel DU 1.0 1/200 s.f. meeting room HUD-Code Manu. Home DU 2.0 Laundry 150 s.f. Floor area over 300 s.f.: 1.0 Live-Work Unit 250 s.f. of non- residential portion of structure Floor area over 250 s.f.: 1.0 1/BR, Residential DU Motor Vehicle Sales/Service: Office/Sales Area 250 s.f. 1.0 Service Area 200 s.f. 1.0 Medical or Dental Clinic < 20,000 s.f. 200 s.f. Floor area over 400 s.f: 1.0 Mixed-Use Structure **** 250 s.f. of non- residential portion of structure Floor area over 500 s.f.: 1.0 1/BR, including residential DU and hotel/motel DU Multi-Family Dwelling: 1 Bedroom BR 1.5 2+ Bedroom BR 1.0 Night Club 50 s.f. 1.0 Office Building 250 s.f. Floor area over 500 s.f.: 1.0 Personal Service Shop 250 s.f. Floor area over 500 s.f.: 1.0 Priv. School or Comm. Studio 100 s.f. Floor area over 200 s.f.: 1.0 Retail Sales & Service: GC, SC, WC, C-3 250 s.f. Floor area over 500 s.f.: 1.0 CI 350 s.f. Floor area over 700 s.f.: 1.0 Restaurant (w/o drive- through) 65 s.f. Floor area over 130 s.f.: 1.0 Restaurant (w/drive- through) 100 s.f. Floor area over 200 s.f.: 1.0 Rooming/Boarding House Person 1.0 Sales Display 250 s.f. Floor area over 500 s.f.: 1.0 Single-Family Dwelling *** BR 1.0 *** Minimum of 2, Maximum of 4 1.0/Accessory Living Quarter Single-Unit Dwelling BR 1.0 Shopping Center ** : GC, SC, WC, C-3 250 s.f. 1.0 CI 350 s.f. 1.0 Townhouse *** BR 1.0 *** Minimum of 2, Maximum of 4 Theater Seat 0.25 Truck Terminal As Determined by the Administrator ***** Two-Dwelling Unit BR 1.0 Veterinary Clinic 300 s.f. Floor area over 600 s.f.: 1.0 Warehouse 1,000 s.f. 1.0 "s.f." = square footage. "DU" = Dwelling Unit. "BR" = Bedroom. * Overflow parking above required parking spaces may be grassed rather than paved. All unpaved spaces shall be shown on site plan and organized for efficient traffic circulation using wheel stops and other appropriate measures as required by the Administrator. ** The minimum number of parking spaces for a shopping center shall be calculated at a rate of 1:250 in GC SC, or WC, and 1:350 in CI regardless of the composing uses unless otherwise determined by the Administrator that such composing uses require a modification to the applicable requirements. *** For areas designated Neighborhood Conservation on the Comprehensive Plan's Future Land Use and Character Map there shall be no maximum number of parking spaces. **** Mixed-Use structures in the MU Mixed-Use and MF Multi-Family districts. ***** When determining the required off-street parking requirements for the uses noted above, the Administrator shall consider the anticipated traffic demand, traffic circulation, and surrounding conditions. The Administrator may also consider information provided by the applicant that demonstrates the proposed number of off-street parking spaces is adequate for the proposed use and has been successfully employed in other locations. Sec. 11.2. - Defined Terms. For the purpose of this UDO, certain words as used herein are defined as follows: Accessory Use or Structure, or Building: (1) A building, structure, or use which is subordinate to and serves a primary use or principal structure; (2) A building, structure, or use which is subordinate in area, extent, or purpose to the primary use served; (3) A building, structure, or use which contributes to the comfort, convenience, or necessity of occupants of the primary use served; (4) A building, structure, or use which is located within the same zoning district as the primary use; and (5) A building, structure, or use which in residential districts is not used for commercial purposes other than legitimate home occupations. Examples of accessory buildings, structures, or uses include, but are not limited to, private garages, greenhouses, living quarters, tool sheds, radio or television antennae, or bathhouses.