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Home My WebLink About02/22/2018 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers6:00 PMThursday, February 22, 2018 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: During this time a citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 PM on the day of the Council meeting. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. Each speaker's remarks are limited to three minutes. A series of timer lights will change from green to yellow and an alarm will sound after two and one -half minutes to signal thirty seconds remaining to conclude the remarks. At three minutes the timer light will change to red and the final alarm will sound. The speaker must then conclude the remarks. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action, and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: • February 8, 2018 Workshop • February 8, 2018 Regular 18-01462a. Sponsors:Smith WKSHP020818 DRAFT Minutes RM020818 DRAFT Minutes Attachments: Presentation, possible action, and discussion concerning award of contract 18300322 with Ramtech Building Systems, Inc. in the amount of $83,070 to purchase and deliver a 24’x56’ modular office building to 18-01062b. Page 1 College Station, TX Printed on 2/15/2018 February 22, 2018City Council Regular Meeting Agenda - Final the Utility Service Center. Sponsors:Coleman Presentation, possible action, and discussion on a construction contract with CRT Construction, LLC, in the amount of $467,979.94 for the development of Reatta Meadows Park, as well as further development of Crescent Pointe Park. 18-01112c. Sponsors:Schmitz Tabulation2Attachments: Presentation, possible action, and discussion regarding the reissue of contract 16300197 between the City of College Station and H&B Construction, LTD. with a not to exceed amount of $1,500,000 for Annual Electric System Construction & Maintenance Labor. 18-01182d. Sponsors:Crabb Contract 16300197 H&B Construction - SignedAttachments: Presentation, possible action, and discussion regarding the ratification of a contract for Burleson Water Resources LLC to purchase pond water from the City’s water wellfield property called Hanson South. 18-01192e. Sponsors:Coleman Wildhorse BWR Water Contract Final.pdfAttachments: Presentation, possible action, and discussion regarding approval of the City’s participation in interlocal cooperative purchasing programs with Choice Partners National Purchasing Cooperative and GoodBuy Purchasing Cooperative and authorization for the City Manager to execute Interlocal Agreements with each cooperative’s lead agency. 18-01262f. Sponsors:Leonard GoodBuy ILA Choice Partners ILA Attachments: Presentation, possible action, and discussion regarding amendment #2 to the Building Use Agreement between the City of College Station and the Arts Council of Brazos to move to a month to month term for the building located at 2275 Dartmouth Drive. 18-01332g. Sponsors:Kersten AMD #2Attachments: Regular Agenda Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public Page 2 College Station, TX Printed on 2/15/2018 February 22, 2018City Council Regular Meeting Agenda - Final hearing.· A speaker who wishes to include computer -based information while addressing the Council must provide the electronic file to the City Secretary by noon of the Council meeting day when the presentation is planned. The Mayor will recognize individuals who wish to come forward to speak for or against the item. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. On items related to land use and those that would directly impact the speaker's residence or neighborhood, the speaker is encouraged to identify their College Station neighborhood. Each speaker's remarks are limited to three minutes. A series of timer lights will change from green to yellow and an alarm will sound after two and one-half minutes to signal thirty seconds remaining to conclude the remarks. At three minutes the timer light will change to red and the final alarm will sound. The speaker must then conclude the remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Commercial to General Commercial for approximately 1.9 acres generally located northeast of the intersection at Raintree Drive and Earl Rudder Freeway South. 18-01361. Sponsors:Lazo Background Information Vicinity Aerial & SAM Comp Plan Exhibit Ordinance 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 Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GS General Suburban to GC General Commercial on approximately 1.9 acres of land located at 2201 Raintree Drive. 18-01402. Sponsors:Lazo Background Information Vicinity Aerial & SAM Rezoning Exhibit Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban to General Commercial for approximately 29 acres generally located at the 18-01373. Page 3 College Station, TX Printed on 2/15/2018 February 22, 2018City Council Regular Meeting Agenda - Final intersection of Rock Prairie Road and William D. Fitch Parkway. Sponsors:Hovde Background Information Vicinity Map and Aerial Comp Plan Exhibit Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, “Unified Development Ordinance”, Section 7.2.J “Bicycle Facilities” and Section 7.3.J “Alternative Parking Plans” of the Code of Ordinances of the City of College Station related to bicycle parking requirements. 18-01394. Sponsors:Helton Sec.7.2.J.Bicycle Facilities Redline Sec.7.3.J.Alternative Parking Plans Redline Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 2.2 “Planning and Zoning Commission ”, Section 2.8 “Administrator”, Section 5.8 “Design Districts”, Section 5.10 “Overlay Districts”, and Section 7.10 “Non-Residential Architectural Standards” as it relates to screening, architectural features, and the color palette. 18-01425. Sponsors:Hovde UDO Article 2 - Redlined UDO Article 5 - Redlined UDO Article 7 - Redlined Ordinance Attachments: 6. Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council 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. 7. Adjourn. The City Council 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 Page 4 College Station, TX Printed on 2/15/2018 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0146 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:2/12/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Presentation, possible action, and discussion of minutes for: • February 8, 2018 Workshop • February 8, 2018 Regular Sponsors:Tanya Smith Indexes: Code sections: Attachments:WKSHP020818 DRAFT Minutes RM020818 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: • February 8, 2018 Workshop • February 8, 2018 Regular Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: • February 8, 2018 Workshop • February 8, 2018 Regular College Station, TX Printed on 2/15/2018Page 1 of 1 powered by Legistar™ WKSHP020818 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION FEBRUARY 8, 2018 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Barry Moore John Nichols James Benham City Staff: Student Liaison Kelly Templin, City Manager Tory Oxendahl, Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 4:00 p.m. on Thursday, February 8, 2018 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate ,and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:00 p.m. on Thursday, February 8, 2018 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and  McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas WKSHP020818 Minutes Page 2  City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas B. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  Northgate Parking Garage C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Council Self-evaluation  City Manager  Construction Board of Adjustments  Zoning Board of Adjustments The Executive Session recessed at 5:43 p.m. 3. Take action, if any, on Executive Session. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to appoint Chuck Gilman as Interim City Manager, effective April, 1 2018. The motion carried unanimously. Mayor reordered the workshop items with item #6 being heard first, followed by #4, and the rest remaining as ordered. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items 2b, and 2h were pulled from Consent for clarification. 2(b): Mary Ellen Leonard, Finance, clarified what a responsible bidder is and how that helps to determine the best value to the City. 2(h): David Schmitz, Director of Parks and Recreation, clarified the sequences of the project, which are phases are yet to come. This design contract includes the full design of the park facility for phase one of the park and preliminary site/civil design for phase 2 in order to construct utilities for phase 1 that will be crossing the phase 2 area of the property. The contract includes construction phase services for Phase 1 which is proposed to include 4 of the proposed ballfields and associated infrastructure to support their use. Mayor Mooney recessed the Workshop at 6:17 p.m. Workshop reconvened at 7:59 p.m. 5. Presentation, possible action, and discussion on the status of the Capital Improvement Plan including recommended projects from the Citizens Advisory Committee. WKSHP020818 Minutes Page 3 Emily Fisher, Assistant Director of Public Works, provided an update to Council on the status of Capital Improvement projects. These projects were recommended from the Citizens Advisory Committee. Some of the projects completed are along Munson Avenue, Rock Prairie Road, Green Prairie Trail, and Lick Creek Nature Center. Areas in process are Lincoln Center, Lakeway Drive, Royder Road Phase 1 & 2, University Dr. Pedestrian Safety Improvements, culvert replacement at Dominik and Stallings, Eastgate Rehabilitation, and a 30-inch transmission line relocation for FM 2818 / 60 interchange. 6. Presentation, possible action, and discussion on the Texas Weekend of Remembrance special event slated for May 25-27, 2018 (Memorial Day Weekend). The presentation will cover the background, mission, and event details. J.D. Wood, Parks and Recreation, provided an overview of Texas Weekend of Remembrance, which is a time for military members, veterans, and their families to come together and honor the memory of their lost loved ones through camaraderie and commemoration of their sacrifice. This event will become a precursor to Memorial Day and restore its original intent by allowing everyone to show their pride and respect to the men and women who have paid the ultimate price. Parks and Recreation staff, local and non-local veterans, military personnel, and TAMU staff recommend approval of Texas Weekend of Remembrance to continue with the planning process. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to endorse the Texas Weekend of Remembrance special event for May 25-27, 2018. The motion carried unanimously. 7. Presentation, possible action, and discussion regarding a City-initiated rezoning to remove the Krenek Tap Overlay zoning district from all properties currently under the district. Molly Hitchcook, Planning and Development, presented an overview regarding the Krenek Tap Overlay zoning district that was adopted in 2004 to enhance the views along Krenek Tap Road and create a sense of identity for the City, not only along the municipal property but along Krenek Tap Road itself. At the time, the City was pursuing the City Centre Concept fo r the development of the municipal property. The overlay heightens the development standards for all properties along Krenek Tap (including single-family) by requiring parking to be located behind structures and placing limitations on façade and fence materials and roof and signage options. The overlay is applied to all property from the Krenek Tap right-of-way and back 750 feet in each direction. This item is brought to council as part of the 2017 Planning & Zoning Commission’s Plan of Work to help streamline the Unified Development Ordinance (UDO). The concept of deleting of the Krenek Tap Overlay zoning district from the UDO is supported by Staff and the Planning & Zoning Commission, but such an ordinance amendment would necessitate the rezoning of all properties currently under the overlay to remove its application. Staff requested direction from City Council on whether or not to move forward with Council directed staff to move forward with removing the Krenek Tap Overlay from the UDO. WKSHP020818 Minutes Page 4 8. Presentation, possible action, and discussion regarding an overview of current community notification requirements and practices for cases involving a public hearing. Lance Simms, Director of Planning and Development, provided an overview of the types of public hearing notifications provided by the City, whether required or discretionary. This item was also part of the Planning & Zoning Commission’s Plan of Work.Under “educational/informational items”, the Commission’s Plan of Work states, “Review current community notification requirements and practices for cases involving a public hearing”. When an item requiring a public hearing is to be considered by the Planning & Zoning Commission, the City is legally required to:  Post the meeting agenda on the City’s official website  Post the meeting agenda at City Hall at least 72 hours before the meeting  Publishing a notice in The Eagle at least 15 days prior to the meeting; and,  Mail a notice to property owners within 200 feet of the parcel under consideration at least 15 days prior to the meeting (applies to rezoning’s, conditional use permits, ZBA variances, and certain replats). At a minimum, the Unified Development Ordinance (UDO) requires that published and mailed notices provide:  The general location of the land that is the subject of the application;  The substance of the application, including the magnitude of proposed development and the current zoning district;  The time, date, and location of the public hearing; and  A phone number to contact the City Planning & Zoning Commission heard this item on December 21, 2017 and asked staff to explore ways to improve the signage placed on the subject property. Otherwise, the Commission felt like our current notification process is working well. Councilmember Brick left for the remainder of the meeting. 9. Presentation, possible action, and discussion regarding non-residential landscaping standards. Rachel Lazo, Planning and Development, stated as part of the 2017 Plan of Work, City Council and Planning and Zoning Commission directed staff to review current city landscaping requirements, including streetscaping and buffer standards. Staff was also directed to explore options for water-conserving landscaping. Staff received feedback from stakeholders in the development community, neighborhood associations, and the general public on this item through two public meetings held in a “come and go” format on August 30, 2017. On September 21, 2017, the Planning and Zoning Commission heard the results of the stakeholder meetings and endorsed staff’s general recommendations at the time. The Planning & Zoning Commission heard the item again at their December 21, 2017 meeting and recommended that staff proceed with the following changes:  Encouraging drought tolerant irrigation by increasing the landscaping point credit from 10 percent to 20 percent for water-conserving irrigation systems. WKSHP020818 Minutes Page 5  Providing an extra 50 percent increase in landscaping points for Texas native plants.  Incentivizing the retention of older/larger trees by doubling the point values for each protected tree.  Creating administrative flexibility to waive buffer requirements adjacent to common area, and exempting buffers adjacent to FEMA 100-year floodplain.  Allowing Staff to adjust buffer width up to 5 feet if the applicant is providing above and beyond minimum requirements for screening.  Removing the double landscape point requirements for building plots over 15 acres.  Removing the heightened 2.5-inch caliper tree requirement for building plots over 15 acres and allow these sites to meet the 2-inch caliper tree requirement of other sites.  Providing water conserving landscaping options, such as xeriscaping in lieu of sod.  Requiring buffer by developed/proposed use instead of by zoning district. Staff requested direction from Council on the aforementioned items before moving forward with the development of ordinance language. Council directed staff to move forward with the development of the ordinance language. 10. Presentation, possible action, and discussion of a possible travel budget for representation from the College Station City Council to attend meetings of the Gulf Coast Strategic Highway Coalition. Tanya Smith, City Secretary, opened this itemfor Council discussion to consider a possible increase in the travel and training budget to accommodate hotel stay, travel, and registration fees for the Gulf Coast Strategic Highway Coalition. Council directed staff to increase the budget by consensus as needed. 11. Council Calendar Council reviewed the calendar. 12. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, FBT/Texas Aggies Go to War, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks an d Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Transportation and Mobility Committee, TAMU Economic WKSHP020818 Minutes Page 6 Development, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Walk with the Mayor, YMCA, Youth Advisory Council, Zoning Board of Adjustments. Mayor Mooney reported on the YMCA and Walk with the Mayor. Councilmember Nichols reported on the Chamber Legislative Affairs. 13. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 8:53 p.m. on Thursday, February 8, 2018. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary RM020818 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION FEBRUARY 8, 2018 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Barry Moore John Nichols James Benham City Staff: Student Liaison Kelly Templin, City Manager Tory Oxendahl, Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Mooney at 6:15 p.m. on Thursday, February 8, 2018 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Presentation and recognition of College Station High School state champion football team. Mayor Mooney recognized the College Station High School Cougars football team, for the 2017 5A Division II Football State Championship. Coaches: Steve Huff, Head Coach; Brian Edwards, and Chance Locklear, Assistant Coaches Seniors: Marquez Perez, Keith Rose, Quandree White, Tony Taylor, Azarian Foght, Travis Hester, Harrison Wellmann, Justin Moore, Keyland Reed, Tyler Lucas, Tyler Van Buren, Brendon Olson, E.J. Mosley, DaDa Anderson, Kennedy Anorue, J.T. Eppes, Chris Williams, Zeb Cassens, Trey Barfield, Daniel Tice, Ty Watson, Kevin Timoney, Garrett Stone, Austin Ham, Noah Miles, Donovan Pierite, Nick Zachria, Matt Rusk, Chris Watson, Davis Wood, Seth Russell, Jack Rivera, Chris Arriola, David Hahn, Jeremiah Williams, Jacob McKee, Anthony Zachria, Chris Whitley, Austin, McHarg, Peyton Hudson, KeKe Anderson, and Ben Wolz RM020818 Minutes Page 2 Proclamation for United Way of the Brazos Valley 2-1-1 Day. Mayor Mooney presented the joint proclamation to Alison Prince, President / CEO and Tami Grimes, Director of Resource Development, for United Way Brazos Valley and proclaimed February 11, 2016 as 2-1-1 Day. Proclamation for Shen Yun Performance Day at Texas A&M. Mayor Mooney presented a proclamation to Vivian Nguyen for Shen Yun Performing Arts and proclaimed February 13, 2018 as Shen Yun Performance Day. Presentation recognizing local student participation in the Science and Technology Lego League H2Owls First Lego League Robotics Team from Pecan Trail and Cypress Grove, (Claire Connally, Miriam Demlow, Bowin Tian, Sami Mahapatra, Izzy Toth, Yura Song, Raymond Geng) with their coaches (Rupak Mahapatra and Tina Demlow) presented a water management proposal that the team researched and presented recently at their competition. The students also presented ways to help make households more aware of how much water they are consuming as a starting point for helping them become committed to conservation. Hear Visitors Comments James Benham, College Station, came before Council to honor the service and sacrifice of Army 1st Lt. Timothy W. Cunningham. Morgan Heien, College Station, asked Council to consider not approving Consent Item 2f on the parking removal on either side of Southland Street Larry Johnson, College Station, asked Council to consider Consent Item 2f on all parking removal due to safety issues on the west side of Oney Harvey Drive to the end of the road and on the east side from Holleman Drive to 140 feet down the east side of Oney Harvey Drive and on the north side of Southland Street to the end of the road and from Wellborn Road to 125 feet down the south side of Southland Street. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  January 25, 2018 Workshop Meeting  January 25, 2018 Regular Meeting 2b. Presentation, possible action, and discussion on a bid award for the annual purchase of pad-mounted 15 kV solid dielectric switchgears, which will be maintained in electrical inventory and expended as needed. Techline, Inc. is being recommended the award for a total not to exceed amount of $539,000. 2c. Presentation, possible action, and discussion regarding an amendment to Contract No. 16300279 with PGAL for design of the new Police Department Headq uarters Building to utilize the Construction Manager at Risk project delivery method. RM020818 Minutes Page 3 2d. Presentation, possible action, and discussion regarding the award of Bid 18-036 and approval of award to Techline, Inc. in the amount of $109,060 for the purchase of materials related to transmission poles replacement. 2e. Presentation, possible action, and discussion regarding an Advance Funding Agreement (AFA) for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match on System with the Texas Department of Transportation (TXDOT) for the FM 2818 Widening project. 2f. Presentation, possible action, and discussion regarding an Ordinance amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time,” of the Code of Ordinances of the City of College Station, Texas, by removing parking On the west side of Oney Harvey Drive to the end of the road and on the east side from H olleman Drive to 140 feet down the east side of Oney Harvey Drive and on the north side of Southland Street to the end of the road and from Wellborn Road to 125 feet down the south side of Southland Street. 2g. Presentation, possible action, and discussion regarding approval of Change Order No. 2 to the construction contract with Larry Young Paving for a reduction of $253,599.11 on the Royder Road Expansion Project. 2h. Presentation, possible action, and discussion on a professional services cont ract (No. 18300230) with Halff Associates, Inc. in the amount of $1,221,004 for the design and construction phase services related to the Southeast Park Project. 2i. Presentation, possible action, and discussion regarding the award of a service contract (Contract No. 18300261) between the City of College Station and All Around Tree Service, Inc., for an annual amount not to exceed $150,000 for Landscaping, Tree Trimming and Removal Services as needed. 2j. Presentation, possible action, and discussion regarding Ordinance 2018-3982 on the annual traffic contact report required by Senate Bill 1074 of the 77th Texas Legislative session. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2018- 3983 on Conditional Use Permit for a bar in approximately 1,980 square feet of an existing commercial space at 650 William D. Fitch Parkway, Suite 500, generally located on the southwest corner of Arrington Road and William D. Fitch Parkway. Alaina Helton, Planning and Development stated that this request is for a Conditional Use Permit for a bar in approximately 1,980 square feet of an existing commercial space, currently zoned GC RM020818 Minutes Page 4 General Commercial. The proposed use meets the purpose and intent of the Unified Development Ordinance (UDO) and meet all minimum standards for this type of use per the UDO. The proposed use of a bar in the Castlegate Business Center requires a Conditional Use Permit (CUP). The lease space is currently open and operating as a restaurant. Ms. Helton also stated that the applicant requested that, in addition to the restaurant, the establishment be able to operate as a bar, allowing more than 75% of their annual gross revenue be derived from the sale of alcohol. Also, the applicant proposed that the bar operate with late night hours - open to the general public from 11:00 am to 9:00 pm and restricted to persons age 21 or older from 9:00 pm until 2:00 am. The applicant is not proposing any changes to the existing site. The Planning & Zoning Commission considered this item at their February 1, 2018 meeting and voted unanimously to recommend approval. Staff recommended approval of the Conditional Use Permit. At approximately 6:56 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:56 p.m. City Attorney, Carla Robinson, distributed an alternate Ordinance 2018-3982 to the council which included the addition of 100 square feet of outdoor patio space as recommended by the Planning and Zoning Commission. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted six (6) for and none (0) opposed, with Councilmember Moore abstaining, to adopt the alternate Ordinance 2018-3983 on a Conditional Use Permit for a bar in approximately 1,980 square feet of an existing commercial space at 650 William D. Fitch Parkway, Suite 500, generally located on the southwest corner of Arrington Road and William D. Fitch Parkway, with an addition including 100 square feet of outdoor space. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2018- 3984 amending Appendix A, “Unified Development Ordinance,” Section 3.22 “Comprehensive Plan,” and Section 3.3 “Zoning Map Amendment (Rezoning)” of the Code of Ordinances of the City of College Station, Texas, regarding the criteria used in the consideration of Comprehensive Plan amendments and rezonings. Molly Hitchcock, Planning and Development, stated as part of the 2017 Plan of Work, the Planning and Zoning Commission directed staff to review and identify UDO requirements that add minimal value and consider opportunities to reduce regulations and streamline processes. One of the items identified by staff was to clearly state the minimum criteria that would be considered in the review of Comprehensive Plan amendments and rezoning requests. The review criteria exist to provide a framework upon which to consider how to reasonably change plans and regulate land to promote the good of the community, not to limit the Planning and Zoning Commission or City Council in their debates on Comprehensive Plan or land use matters. The proposed amendment is intended to establish clear criteria for rezoning requests. The proposed questions encourage discussion on the same land-use matters as the current ordinance language, but should result in more clarity and less redundancy. RM020818 Minutes Page 5 The Planning & Zoning Commission considered this item at their January 18, 2018 meet ing and voted 4-3 to recommend approval of the Comprehensive Plan criteria and 5-2 to recommend approval of the rezoning criteria. At approximately 7:11 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:11 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopted Ordinance 2018- 3984 amending Appendix A, “Unified Development Ordinance,” Section 3.22 “Comprehensive Plan,” and Section 3.3 “Zoning Map Amendment (Rezoning)” of the Code of Ordinances of the City of College Station, Texas, regarding the criteria used in the consideration of Comprehensive Plan amendments and rezonings. The motion carried. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopted Ordinance 2018- 3984 amending Appendix A, “Unified Development Ordinance,” Section 3.22 “Comprehensive Plan,” and Section 3.3 “Zoning Map Amendment (Rezoning)” of the Code of Ordinances of the City of College Station, Texas, regarding the criteria used in the consideration of Comprehensive Plan amendments and rezonings, with an amendment reestablishing section D, marketability of property under review criteria for uses permitted by the district applicable to the property at the time of the proposed amendment back into the UDO. The motion carried. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2018- 3985 amending Appendix A, “Unified Development Ordinance”, Section 2.5 “Design Review Board”, Section 2.12 “Summary of Review Authority”, Section 3.7 “Wolf Pen Creek Design District Site Plan Review”, Section 3.8 “Wolf Pen Creek Design District Building and Si gn Review”, and Section 5.8 “Design Districts - Wolf Pen Creek (WPC)” of the Code of Ordinances of the City of College Station, Texas, regarding the criteria for administrative approval of site plans, buildings and signs in the Wolf Pen Creek Design District. Alaina Helton, Planning and Development, stated that this item originated with the 2017 Planning & Zoning Commission’s Plan of Work and helps streamline the development review process by allowing site plans, building design, and signs to be approved administratively unless the applicant is seeking an appeal. Appeals will be considered by the Design Review Board. The Planning & Zoning Commission considered this item at their February 1, 2018 meeting and voted unanimously to recommend approval. Staff recommended approval. At approximately 7:19 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:19 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Moore, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2018-3985 amending Appendix A, “Unified Development Ordinance”, Section 2.5 “Design Review Board”, Section 2.12 “Summary of Review Authority”, Section 3.7 “Wolf Pen Creek Design District Site Plan Review”, Section 3.8 “Wolf Pen Creek Design District Building and Sign Review”, and RM020818 Minutes Page 6 Section 5.8 “Design Districts - Wolf Pen Creek (WPC)” of the Code of Ordinances of the City of College Station, Texas, regarding the criteria for administrative approval of site plans, buildings and signs in the Wolf Pen Creek Design District. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion on Ordinance 2018-3986, Budget Amendment #1 amending Ordinance No. 3936 which will amend the budget for the 2017-2018 Fiscal Year in the amount of $3,079,541 and increase the net personnel FTE count by 2.0 and presentation, possible action and discussion on interfund transfer totaling $54,000. May Ellen Leonard, Director of Fiscal Services, noted that the proposed budget amendment is to increase the FY18 budget appropriations by $3,079,541. A summary was provided with a description of the items included on the proposed budget amendment. An interfund transfer was also included. Staff recommended the City Council approve Budget Amendment #1 and recommended approval of the interfund transfer. At approximately 7:35 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:35 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopted Ordinance 2018- 3986, Budget Amendment #1 amending Ordinance No. 3936 which will amend the budget for the 2017-2018 Fiscal Year in the amount of $3,079,541 and increase the net personnel FTE count by 2.0 and presentation, possible action and discussion on interfund transfer totaling $54,000. The motion carried unanimously. 5. Presentation, possible action, and discussion regarding appointments to the following boards and commissions: MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to appoint Joseph Fix, Janet Kountakis, Bill Mather, James Sharp, Rachel Smith, and Elianor Vessali as alternate to the Construction Board of Adjustments. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to appoint Ray Holliday to the Design Review Board for the Landscape Architect requirement. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to appoint Gerald Blackmon, Gerald Burgner, Shirley Dupriest, Louis Hodges, William Wright and Helen Frisk for unexpired term to the Historic Preservation Committee. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to appoint Gerald Blackmon, as chair to the Historic Preservation Committee. The motion carried unanimously. RM020818 Minutes Page 7 MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to appoint Nancy Berry and Chase Murphy to the Joint Relief Funding Review Committee. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Moore and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to appoint James Sharp as alternate and move Howard Mayne to regular member to the Zoning Board of Adjustmen ts. The motion carried unanimously. 6. Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council 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. Mayor Mooney requested update on the Board and Committee term limits. 7. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:49 p.m. on Thursday, February 8, 2018. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0106 Name:Modular Building USC Status:Type:Contract Consent Agenda File created:In control:1/29/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Presentation, possible action, and discussion concerning award of contract 18300322 with Ramtech Building Systems, Inc. in the amount of $83,070 to purchase and deliver a 24’x56’ modular office building to the Utility Service Center. Sponsors:David Coleman Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion concerning award of contract 18300322 with Ramtech Building Systems, Inc. in the amount of $83,070 to purchase and deliver a 24’x56’ modular office building to the Utility Service Center. Relationship to Strategic Goals: Core Services and Infrastructure. Recommendation:Staff recommends approval of this contract. Summary:The Water Services Department has outgrown its current facility, with engineers sharing an office, a Manager officed remotely, and crew leaders waiting to enter work order information. Plans are in place to construct a new building in 2021, but in the meantime, some relief is essential. This proposed modular office building would be located on the west side of the existing Utility Service Center building, and would house the entire Environmental staff, which will free up space in the existing building to resolve all overcrowding problems. Then, when the new building is complete in 2021 or 2022, the modular building can be used to house Electric Department personnel while the existing USC is being renovated. If approved, we expect to get the full life expectancy from this modular building. Ramtech Building Systems, of Mansfield TX, participates in the HGAC “Buy Board” and the price of this modular building ($83,070) has been pre-competed, and is reasonable. Once delivered, separate contracts will be required to connect the various utilities, which will bring the overall project cost up to a maximum of approximately $110,000. Staff recommends award of this purchase contract and the subsequent utility contracts. Budget & Financial Summary:Budget for this project in the amount was not included in the FY18 Approved Budget as the need for the project was not identified when the budget was developed. To accommodate this need, budget has been transferred to this project from the State Highway 6 Water College Station, TX Printed on 2/15/2018Page 1 of 2 powered by Legistar™ File #:18-0106,Version:1 Line project which had additional budget capacity. Both projects are budgeted in the Water Capital Improvement Projects Fund. Attachment: Contract on file in the City Secretary’s Office College Station, TX Printed on 2/15/2018Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0111 Name:Construction Contract #18300210 Crescent Pointe and Reatta Meadows Park Development Status:Type:Presentation Consent Agenda File created:In control:1/30/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Presentation, possible action, and discussion on a construction contract with CRT Construction, LLC, in the amount of $467,979.94 for the development of Reatta Meadows Park, as well as further development of Crescent Pointe Park. Sponsors:David Schmitz Indexes: Code sections: Attachments:Tabulation2 Action ByDate Action ResultVer. Presentation, possible action, and discussion on a construction contract with CRT Construction, LLC, in the amount of $467,979.94 for the development of Reatta Meadows Park, as well as further development of Crescent Pointe Park. Relationship to Strategic Goal:Neighborhood Integrity; Diverse Growing Economy Recommendation(s):Staff recommends approval and award of the construction contract with CRT Construction, LLC for the development of Reatta Meadows Park and upgrades to Crescent Pointe Park in the amount of $467,979.94 and two hundred seventy five (275) construction days. Summary:The proposed construction project includes the full development of Reatta Meadows Park and further development of Crescent Pointe Park. Reatta Meadows Park, when completed, will consist of two (2) new playgrounds, two (2) covered picnic shelters, one (1) large exercise pod, and a lighted walking path. Crescent Pointe Park will also see further development. Additional amenities, such as exercise stations, lights along the walking path, and park benches will be added. Budget & Financial Summary:Five (5) sealed, competitive bids were received and opened on December 21, 2017. The bid summary is attached. Funds for these projects are budgeted in the Park Land Dedication Zone 10 Fund for Reatta Meadows Park and Parkland Dedication Zone 4 fund for Crescent Pointe Park. Attachments: 1. Bid Tab Number #18-035 College Station, TX Printed on 2/15/2018Page 1 of 2 powered by Legistar™ File #:18-0111,Version:1 2. Construction Contract with CRT Construction, LLC. (on file in the City Secretary’s Office) College Station, TX Printed on 2/15/2018Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #18-035 "Cresent Pointe and Reatta Meadows Park Development" Open Date: Thursday, December 21, 2017 @ 2:00 p.m. Item No.Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 4" Concrete Paving (includes subgrade and base prep, rebar, expansion and control joints, scoring, and misc. appurtenances)SF 180 $8.03 $1,445.40 $15.78 $2,840.40 $20.00 $3,600.00 $6.73 $1,211.40 $16.55 $2,979.00 2 Exercise Station 8" Conc. Ribbon Curb (includes subgrade and base prep, rebar, expansion and control joints, scoring, and misc. appurtenances)LF 92 $14.88 $1,368.96 $75.86 $6,979.12 $25.00 $2,300.00 $8.84 $813.28 $42.02 $3,865.84 3 Exercise Station Decomposed Granite Surfacing SF 225 $7.93 $1,784.25 $4.33 $974.25 $8.00 $1,800.00 $5.98 $1,345.50 $7.84 $1,764.00 4 Exercise Station - Ab Bench (includes equipment, footer, and misc. appurtenances)EA 1 $2,746.00 $2,746.00 $2,808.30 $2,808.30 $2,380.00 $2,380.00 $2,429.00 $2,429.00 $2,288.65 $2,288.65 5 Exercise Station - Stable Press (includes equipment, footer, and misc. appurtenances)EA 1 $2,288.00 $2,288.00 $2,347.65 $2,347.65 $2,025.00 $2,025.00 $2,126.00 $2,126.00 $1,912.20 $1,912.20 6 Exercise Station - Dip/Leg Raise (includes equipment, footer, and misc. appurtenances)EA 1 $2,213.00 $2,213.00 $2,278.83 $2,278.83 $1,980.00 $1,980.00 $2,060.00 $2,060.00 $1,979.51 $1,979.51 7 Drinking Fountain (includes fountain, footer, 3/4" service tap, backflow preventer, 3/4" service line, cutoff valve, sump, and misc. appurtenances)EA 1 $10,741.00 $10,741.00 $14,421.12 $14,421.12 $6,500.00 $6,500.00 $10,460.00 $10,460.00 $14,972.27 $14,972.27 8 Surface Mount Bench (includes bench and misc. appurtenances)EA 4 $1,209.00 $4,836.00 $2,200.02 $8,800.08 $1,075.00 $4,300.00 $1,395.50 $5,582.00 $2,109.53 $8,438.12 9 Embedded Bike Rack (includes bike rack and misc. appurtenances)EA 1 $457.00 $457.00 $695.97 $695.97 $400.00 $400.00 $623.00 $623.00 $824.51 $824.51 10 Embedded Mount Trash Receptacle (includes receptacle, and misc. appurtenances)EA 3 $706.00 $2,118.00 $1,008.99 $3,026.97 $700.00 $2,100.00 $921.00 $2,763.00 $1,308.71 $3,926.13 11 Surface Mount Trash Receptacle (includes receptacle, and misc. appurtenances)EA 1 $751.00 $751.00 $1,123.32 $1,123.32 $700.00 $700.00 $968.00 $968.00 $1,127.42 $1,127.42 12 Canopy Tree - 2" Live Oak EA 10 $213.00 $2,130.00 $457.88 $4,578.80 $400.00 $4,000.00 $397.50 $3,975.00 $554.46 $5,544.60 13 Bemuda Sod/Hydromulch Allowance (to be established w/ temporary irrigation)SY 750 $0.48 $360.00 $23.45 $17,587.50 $2.25 $1,687.50 $4.04 $3,030.00 $2.07 $1,552.50 14 Site Electrical (includes but not limited to all site electrical, lighting, etc.)EA 9 $5,239.00 $47,151.00 $6,184.29 $55,658.61 $4,800.00 $43,200.00 $1,872.00 $16,848.00 $5,283.85 $47,554.65 15 Silt Fence LF 130 $2.62 $340.60 $2.76 $358.80 $1.35 $175.50 $3.06 $397.80 $2.81 $365.30 16 SWPPP Compliance LS 1 $416.00 $416.00 $2,747.25 $2,747.25 $1,500.00 $1,500.00 $490.00 $490.00 $623.27 $623.27 17 General Conditions (includes mobilization, de-mobilization, general requirements of contract)LS 1 $4,760.00 $4,760.00 $8,905.98 $8,905.98 $15,000.00 $15,000.00 $34,698.00 $34,698.00 $2,573.31 $2,573.31 CRESCENT POINTE PARK TOTAL CRT Construction, LLC $85,906.21 BASE BID: Crescent Pointe Park TF Harper & Associates LP $136,132.95 Acklam Construction Company, Ltd. $93,648.00 ROAN Commercial Group, LLC $89,819.98 Dudley Construction, Ltd. $102,291.28 City of College Station - Purchasing Division Bid Tabulation for #18-035 "Cresent Pointe and Reatta Meadows Park Development" Open Date: Thursday, December 21, 2017 @ 2:00 p.m. CRT Construction, LLC TF Harper & Associates LP Acklam Construction Company, Ltd. ROAN Commercial Group, LLC Dudley Construction, Ltd. BASE BID: Reatta Meadows Park Item No.Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 Unclassified Earthwork Allowance LS 1 $11,900.00 $11,900.00 $3,998.79 $3,998.79 $3,500.00 $3,500.00 $7,950.00 $7,950.00 $25,870.78 $25,870.78 2 Barbed-wire fence removal (approximately 550 linear feet)LS 1 $655.00 $655.00 $0.00 $0.00 $500.00 $500.00 $1,077.00 $1,077.00 $623.27 $623.27 3 4" Concrete Paving (includes subgrade and base prep, rebar, expansion and control joints, scoring, and misc. appurtenances)SF 2,465 $8.03 $19,793.95 $13.79 $33,992.35 $6.00 $14,790.00 $6.66 $16,416.90 $6.64 $16,367.60 4 12" Concrete Playground Ribbon Curb (includes subgrade and base prep, rebar, and misc. appurtenances)LF 350 $17.85 $6,247.50 $21.73 $7,605.50 $30.00 $10,500.00 $11.62 $4,067.00 $22.77 $7,969.50 5 Pour-in-Place Rubberized Surfacing (includes conc. subgrade, base prep. and misc. appurtenances)SF 2,300 $26.64 $61,272.00 $25.42 $58,466.00 $24.50 $56,350.00 $22.71 $52,233.00 $22.24 $51,152.00 6 Play Station - Gametime Pivot Point (includes equipment, footer, and misc. appurtenances)EA 1 $34,189.00 $34,189.00 $45,622.11 $45,622.11 $44,000.00 $44,000.00 $40,603.00 $40,603.00 $36,052.57 $36,052.57 7 Play Station - Gametime Carnival (includes equipment, footer, and misc. appurtenances)EA 1 $35,211.00 $35,211.00 $46,835.34 $46,835.34 $40,000.00 $40,000.00 $43,248.00 $43,248.00 $36,906.22 $36,906.22 8 Play Station - Gametime Arch Swing (includes equipment, footer, and misc. appurtenances)EA 1 $5,783.00 $5,783.00 $7,579.08 $7,579.08 $7,100.00 $7,100.00 $5,905.00 $5,905.00 $6,142.02 $6,142.02 9 Shade Structure (includes structure, footer, and misc. appurtenances)EA 1 $46,905.00 $46,905.00 $42,675.06 $42,675.06 $41,200.00 $41,200.00 $48,895.00 $48,895.00 $46,683.00 $46,683.00 10 Pavillion Structure (includes structure, footer, roof and misc. items)EA.1 $8,330.00 $8,330.00 $23,155.71 $23,155.71 $18,000.00 $18,000.00 $16,383.00 $16,383.00 $16,683.38 $16,683.38 11 Drinking Fountain (includes fountain, footer, 3/4" service tap, backflow preventer, 3/4" service line, cutoff valve, sump, and misc. appurtenances)LS 1 $9,284.00 $9,284.00 $18,450.42 $18,450.42 $6,500.00 $6,500.00 $10,500.00 $10,500.00 $16,597.76 $16,597.76 12 Surface Mount Bench (includes bench, concrete pad, and misc. appurtenances)EA 2 $1,209.00 $2,418.00 $2,233.32 $4,466.64 $1,075.00 $2,150.00 $1,518.00 $3,036.00 $2,508.63 $5,017.26 13 Embedded Bike Rack (includes bike rack and misc. appurtenances)EA 1 $457.00 $457.00 $695.97 $695.97 $400.00 $400.00 $623.00 $623.00 $824.51 $824.51 14 8' Surface Mount Picnic Table (includes table, footer, and misc. appurtenances)EA 1 $1,138.00 $1,138.00 $1,637.25 $1,637.25 $1,030.00 $1,030.00 $3,268.00 $3,268.00 $2,315.91 $2,315.91 15 Surface Mount Trash Receptacle (includes receptacle, and misc. appurtenances)EA 1 $751.00 $751.00 $1,123.32 $1,123.32 $700.00 $700.00 $968.00 $968.00 $1,127.42 $1,127.42 16 Canopy Tree - 2" Live Oak EA 11 $213.00 $2,343.00 $457.88 $5,036.68 $400.00 $4,400.00 $397.55 $4,373.05 $534.09 $5,874.99 17 Bemuda Sod Hydromulch Allowance (to be established w/ temporary irrigation)SY 410 $0.48 $196.80 $23.45 $9,614.50 $2.25 $922.50 $4.04 $1,656.40 $7.11 $2,915.10 18 Site Electrical (includes but not limited to all site electrical, lighting, etc.)EA 2 $9,669.00 $19,338.00 $6,184.29 $12,368.58 $8,000.00 $16,000.00 $1,890.00 $3,780.00 $6,807.73 $13,615.46 19 Silt Fence LF 400 $2.62 $1,048.00 $2.76 $1,104.00 $1.35 $540.00 $3.06 $1,224.00 $2.81 $1,124.00 20 SWPPP Compliance LS 1 $416.50 $416.50 $2,747.25 $2,747.25 $1,500.00 $1,500.00 $490.00 $490.00 $623.27 $623.27 21 General Conditions (includes mobilization, de-mobilization, general requirements of contract)LS 1 $32,130.00 $32,130.00 $13,086.55 $13,086.55 $38,000.00 $38,000.00 $93,390.00 $93,390.00 $2,573.31 $2,573.31 BASE BID: REATTA MEADOWS PARK TOTAL $299,806.75 $340,261.10 $308,082.50 $360,086.35 $297,059.33 City of College Station - Purchasing Division Bid Tabulation for #18-035 "Cresent Pointe and Reatta Meadows Park Development" Open Date: Thursday, December 21, 2017 @ 2:00 p.m. CRT Construction, LLC TF Harper & Associates LP Acklam Construction Company, Ltd. ROAN Commercial Group, LLC Dudley Construction, Ltd. BID ALTERNATE: Reatta Meadows Park 1 4" Concrete Paving (includes subgrade and base prep, rebar, expansion and control joints, scoring, and misc. appurtenances)SF 3,435 $8.03 $27,583.05 $13.75 $47,231.25 $6.00 $20,610.00 $6.66 $22,877.10 $6.02 $20,678.70 2 Exercise Station 8" Conc. Ribbon Curb (includes subgrade and base prep, rebar and misc. appurtenances)LF 100 $14.88 $1,488.00 $71.78 $7,178.00 $20.00 $2,000.00 $8.84 $884.00 $67.25 $6,725.00 3 Exercise Station Decomposed Granite Surfacing SF 961 $7.93 $7,620.73 $2.02 $1,941.22 $8.00 $7,688.00 $5.98 $5,746.78 $3.01 $2,892.61 4 Exercise Station - Group Fit 1 (includes equipment, footer, and misc. appurtenances)EA 1 $25,684.00 $25,684.00 $25,863.00 $25,863.00 $23,025.00 $23,025.00 $19,954.00 $19,954.00 $22,996.21 $22,996.21 5 Pavillion Structure (includes structure, footer, roof and misc. items)EA.1 $8,330.00 $8,330.00 $23,155.71 $23,155.71 $18,000.00 $18,000.00 $16,004.00 $16,004.00 $17,294.19 $17,294.19 6 Surface Mount Bench (includes bench, concrete pad, and misc. appurtenances)EA 1 $1,209.00 $1,209.00 $22,259.94 $22,259.94 $1,075.00 $1,075.00 $1,396.00 $1,396.00 $2,820.64 $2,820.64 7 8' Surface Mount Picnic Table (includes table, footer, and misc. appurtenances)EA 1 $1,138.00 $1,138.00 $1,637.25 $1,637.25 $1,030.00 $1,030.00 $3,207.00 $3,207.00 $2,315.91 $2,315.91 8 Surface Mount Trash Receptacle (includes receptacle, and misc. appurtenances)EA 1 $751.00 $751.00 $1,123.32 $1,123.32 $700.00 $700.00 $968.00 $968.00 $1,127.42 $1,127.42 9 Bemuda Sod/Hydromulch Allowance (to be established w/ temporary irrigation)SY 340 $0.48 $163.20 $23.45 $7,973.00 $2.25 $765.00 $4.04 $1,373.60 $9.60 $3,264.00 10 Site Electrical (includes but not limited to all site electrical, lighting, etc.)EA 3 $2,330.00 $6,990.00 $6,184.29 $18,552.87 $4,000.00 $12,000.00 $1,890.00 $5,670.00 $4,749.74 $14,249.22 11 Silt Fence LF 500 $2.62 $1,310.00 $2.76 $1,380.00 $1.35 $675.00 $3.06 $1,530.00 $2.81 $1,405.00 BID ALTERNATE: REATTA MEADOWS PARK TOTAL $82,266.98 $158,295.56 $87,568.00 $79,610.48 $95,768.90 City of College Station - Purchasing Division Bid Tabulation for #18-035 "Cresent Pointe and Reatta Meadows Park Development" Open Date: Thursday, December 21, 2017 @ 2:00 p.m. CRT Construction, LLC TF Harper & Associates LP Acklam Construction Company, Ltd. ROAN Commercial Group, LLC Dudley Construction, Ltd. General Note: All final prices were calcuated using the unit price provided. Corrected totals are highlighted in blue. Reatta Meadows Bid Alternate Total Bid Proposal (Base + Alternate) $82,266.98 $467,979.94 Bid Bond Notes/ Exceptions Y Bid Certification Addenda Acknowledged Y Y Crescent Pointe Base Bid Reatta Meadows Base Bid $85,906.21 $299,806.75 BID SUMMARY Total Base Bid Proposal $385,712.96 $136,132.95 $340,261.10 $476,394.05 $158,295.56 $634,689.61 Y Y 1 of 2 Bid Sheet released with addendum 2 not used. Therefore no price was submitted for line 2 of Reatta Meadows Park Base Bid. $93,648.00 $308,082.50 $401,730.50 $87,568.00 $489,298.50 Y Y Y $89,819.98 $360,086.35 $449,906.33 $79,610.48 $529,516.81 Y Y Y $102,291.28 $297,059.33 $399,350.61 $95,768.90 $495,119.51 Y Y Y City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0118 Name:Annual Electric System Construction & Maintenance Labor Contract Status:Type:Renewal Consent Agenda File created:In control:1/30/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Presentation, possible action, and discussion regarding the reissue of contract 16300197 between the City of College Station and H&B Construction, LTD. with a not to exceed amount of $1,500,000 for Annual Electric System Construction & Maintenance Labor. Sponsors:Timothy Crabb Indexes: Code sections: Attachments:Contract 16300197 H&B Construction - Signed Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the reissue of contract 16300197 between the City of College Station and H&B Construction,LTD.with a not to exceed amount of $1,500,000 for Annual Electric System Construction & Maintenance Labor. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Staff recommends the second and final reissue of this contract with H&B Construction,LTD.for the not to exceed amount of $1,500,000.00. Summary: On January 29,2016,one (1)sealed bid was received in response to Invitation to Bid No.16-034 for the Annual Electric System Construction &Maintenance Labor Contract.The Annual Electric System Construction &Maintenance Labor Contract is for supplemental labor and equipment to construct the required electric distribution line extensions and conversions and to provide for the necessary maintenance of the City’s electric distribution system for a twelve (12)month period.Estimated unit quantities for this bid were based on 2015 work performed by the former contractor and were used to determine the annual estimate for labor cost. This is the second of two possible one year reissue terms.The total not to exceed amount of the contract is $1,500,000.00. Budget & Financial Summary: Funds for this item are budgeted for in the Electric Capital Improvement Projects (CIP) Fund budget. College Station, TX Printed on 2/15/2018Page 1 of 2 powered by Legistar™ File #:18-0118,Version:1 Attachments: Letter of Reissue College Station, TX Printed on 2/15/2018Page 2 of 2 powered by Legistar™ ----------------------------------------------------- RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew RFP 16-034, Contract 16300197 for Annual Electric Construction and Maintenance as needed, in accordance with all terms and conditions previously agreed to and accepted for a total amount not to exceed One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00). I understand this renewal term will be for the period beginning April 1, 2018 through March 31, 2019. This is the second of two possible renewals. H&B Construction, Ltd. By)1./~ Printed Name: \.:'.h\\,.._ l, \\ivil~.~ Title: ~V\ll-\'-v,) ~Ct.Y f\.--e.·I' Date: \-\ \ -\b City of College Station By: ____________ _ City Manager Date: ------- APPROVED: City Attorney Date: ------ Assistant City Manager/CFO Date: ------ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0119 Name:Ratification of Water Sales Contract BWR-Wildhorse Status:Type:Contract Consent Agenda File created:In control:1/31/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Presentation, possible action, and discussion regarding the ratification of a contract for Burleson Water Resources LLC to purchase pond water from the City’s water wellfield property called Hanson South. Sponsors:David Coleman Indexes: Code sections: Attachments:Wildhorse BWR Water Contract Final.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the ratification of a contract for Burleson Water Resources LLC to purchase pond water from the City’s water wellfield property called Hanson South. Relationship to Strategic Goals:Core services and infrastructure Recommendation:Staff recommends that City Council ratify this contract. Summary: This contract will allow Burleson Water Resources (BWR) to pump water from the existing ponds on the Hanson South property for hydraulic fracturing of oil wells in the area. BWR will bear all costs for the required equipment and pipelines, and will pay the City $0.10 cents/barrel, which is the industry standard rate for water of this type. The City will have a contractual guarantee for at least $150,000 of revenue for the Water Fund during the first twelve (12) months of the contract. The contract will be valid for 2 years, with optional renewals. BWR must use an above-ground pipeline to move the water. Trucking the water is prohibited. Prudent safety and environmental protection provisions are included in the contract. Please note that BWR is providing water to Wildhorse Resources, LLC, who bought out the Anadarko leases in this area. With the exception of the price per barrel, this proposed contract is similar to the contract the City executed with Anadarko in 2014, under which Anadarko paid the City for Hanson South pond water, and the process went smoothly. Budget & Financial Summary: No cost to the City. Reviewed and Approved by Legal:Yes Attachments: College Station, TX Printed on 2/15/2018Page 1 of 2 powered by Legistar™ File #:18-0119,Version:1 Contract is available in the City Secretary's Office. College Station, TX Printed on 2/15/2018Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0126 Name:Interlocal Coop Purchasing Agreements Status:Type:Presentation Consent Agenda File created:In control:2/2/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Presentation, possible action, and discussion regarding approval of the City’s participation in interlocal cooperative purchasing programs with Choice Partners National Purchasing Cooperative and GoodBuy Purchasing Cooperative and authorization for the City Manager to execute Interlocal Agreements with each cooperative’s lead agency. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:GoodBuy ILA Choice Partners ILA Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding approval of the City’s participation in interlocal cooperative purchasing programs with Choice Partners National Purchasing Cooperative and GoodBuy Purchasing Cooperative and authorization for the City Manager to execute Interlocal Agreements with each cooperative’s lead agency. Relationship to Strategic Goals:Goal I.1. Spending taxpayer money efficiently Recommendation(s):Staff recommends approval of the City’s participation in the interlocal cooperative purchasing programs and authorization for the City Manager to execute Interlocal Agreements with each cooperative’s lead agency. Summary:The Interlocal Agreements will allow the City to utilize contracts that have already been competitively bid and awarded,in accordance with all state and federal competitive bidding requirements, by the cooperative’s lead agencies.The lead agency for Choice Partners National Purchasing Cooperative is the Harris County Department of Education and the lead agency for GoodBuy Purchasing Cooperative is the Education Service Center,Region 2 (established by the State Board of Education).Procuring goods and services from their contracts streamlines purchasing,saving time and money.The City will gain the bargaining power of a large group and reduces the need for City staff to do individual solicitations of its own;therefore,reducing advertising costs and other internal overhead costs.The City is not obligated to use any of these contracts and will only do so when in the City’s best interests.The use of these contracts complies with the Interlocal Cooperation Act,Chapter 791.025 of the Texas Government Code and Chapter 271, Subchapter F, of the Texas Local Government Code. Budget &Financial Summary:No expenses will be incurred to approve the Interlocal Agreements. Future savings may be realized through economies of scale,administrative,advertising and other purchasing costs. Legal Review: Yes College Station, TX Printed on 2/15/2018Page 1 of 2 powered by Legistar™ File #:18-0126,Version:1 Attachments: Interlocal Cooperative Purchasing Agreements: Harris County Department of Education (Choice Partners National Purchasing Cooperative) Education Service Center, Region 2 (GoodBuy Purchasing Cooperative) College Station, TX Printed on 2/15/2018Page 2 of 2 powered by Legistar™ GoodBuy Participation Agreement 1 Interlocal Participation Agreement for the GoodBuy Purchasing Cooperative The GoodBuy Purchasing GoodBuy§§ 791.001 et seq. as amended, operated by the Education Service Center, Region 2 , a state agency §8.002 and TEC §44.031(a)(4). The purpose of this Agreement istofacilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Program Members. Program Members may purchase goods and services from any and all GoodBuy vendors, under the same terms, conditions, and price as stated in each GoodBuy awarded contract. GoodBuy excludes engineering, architectural, land surveyors, doctors, nurses and construction services. The purchase of goods through GoodBuy includes the purchase of any services reasonably required for the installation, operation, or maintenance of purchased goods, where such services are included in the awarded Vendor contract. MEMBERSHIP 1. Program Members. Program Members must be qualifying local governmental entities of the State of Texas or another State; or qualifying private non-profit entities with tax exempt status under IRS Code Section 501(c)(3), operating private schools or child care facilities. 2. To become a Program Member requires the approval of this Agreement by the governing body of the Member, and by the Region 2 ESC Board of Directors. Each Program member must submit a copy of this Agreement signed by an authorized representative of the Member, along with a signed copy of a Resolution approved by the to Region 2 ESC, as a condition of membership, as set forth below. 3. Non-governmental Members. In addition to the membership requirements set forth in Paragraph 2 above, all non-governmental entities seeking membership in GoodBuy must produce such documents as may be required from time to time by GoodBuy, to demonstrate each such non-governmental entity is eligible to become a Program Member under applicable law. 4. Membership Term. This Agreement shall be for one calendar year, which shall run from September 1 through August 31 of each calendar year, and shall become effective upon approval by governing body, and the Region 2 ESC Board of Directors. This Agreement shall automatically renew for successive one-year terms, unless sooner terminated as provided in this Agreement. The terms and conditions of this Agreement shall apply to the initial term of Membership and all renewals, unless the terms and conditions are modified in writing, and approved by the governing body of GoodBuy, the Region 2 ESC Board of Directors. There is no fee for Program Membership. 5. Termination of Membership. Either the Program Member or Region 2 ESC may elect to non-renew this Agreement by sixty (60) days written notice of non-renewal delivered to the designated representative of the other party, as set forth below. This Agreement may also be terminated by either party upon thirty (30) days prior written notice to the designated representative set forth below, with or without cause. If the Program Member terminates its participation during the term of this Agreement or if GoodBuy terminates participation of the Program Member under any provision of this Article, the Program Member shall bear the full financial responsibility for any purchases by the Program Member occurring after the termination date. GoodBuy Participation Agreement 2 Services Provided by GoodBuy: GoodBuy will: Provide the organization and administrative structure of the program, including all staff necessary for the efficient operation of the program; Solicit requests from Program Members for adding categories/commodities and relevant specifications, and quantity demands for goods and services that could be included in the GoodBuy program; Prepare specifications for procurement of goods and services to be included in the GoodBuy program; Publish solicitations for prices and bids from potential Vendors of goods and services to be included in the GoodBuy program; Qualify potential Vendors and their goods or services, based on published bid criteria, and including the conducting of due diligence of potential Vendors; Tabulate price quotes, unit prices, and other information provided by potential Vendors of goods and services, to determine awarded Vendors for specific goods and services; Making all Vendor background research information and bids, and GoodBuy awarded Vendor contract analysis information available to Program Members; Maintain and publish the list of all GoodBuy awarded contracts, including all relevant information about the goods and services available under each awarded Vendor contract; and Provide Members with procedures for ordering, delivery, and billing for Member purchases from GoodBuy vendors. Region 2 ESC is the designated entity that shall supervise the GoodBuy performance of this Agreement. Any written notice to the GoodBuy Purchasing Cooperative shall be made by first class mail, postage prepaid, and delivered to: GoodBuy Purchasing Cooperative, Education Service Center, Region 2, 209 N. Water St., Corpus Christi, Texas 78401-2528 or by e-mail sent and actually received by GoodBuy to a GoodBuy Relations Representative at goodbuy@esc2.net. Member Obligations: Each Program Member warrants that all Vendor payments, or other disbursements required under this Agreement will be made from current revenues budgeted and available to that Member. Program Members commit to purchase goods and services that become part of the official GoodBuy products and services list when it is in the best interest of the member entity. Each Program Member agrees to prepare purchase orders or provide other documentation issued to the appropriate vendor from the official awarded Vendor list provided by GoodBuy clearly noting contract number on it, as may be required by Member policy and procedures; provide a copy of each such Purchase Order, or Member approved order confirmation, Vendor Invoice or other proof of purchase for a purchase to the GoodBuy representative no later than 60 business days of the Member purchase from a GoodBuy Vendor; Accept shipments of products or delivery of services ordered from vendors in accordance with standard GoodBuy purchasing procedures. GoodBuy Participation Agreement 3 Pay Vendors in a timely manner for all goods and services received. Report promptly in writing to GoodBuy any and all instances in which a Program Member has rejected goods or services delivered to the Member by any awarded GoodBuy Vendor, or has cancelled any previously approved Purchase Order or invoice Order for goods or services to be provided by any awarded GoodBuy Vendor, to the designated GoodBuy representative. It is also a condition precedent to the approval of this Agreement for each Program Member by the Board of Directors of Region 2 ESC, that each prospective Program Member shall designate the person or persons who have express authority to represent and bind the Program Members in the administration and operation of this Agreement, with respect to GoodBuy purchasing, and Region 2 ESC will not be obligated to contact any other individual(s) regarding GoodBuy matters. A Program Member may change the designated Member representative listed below at any time by submitting written notice to goodbuy@esc2.net. Program Member Name: ___________________________________ Program Member Designated GoodBuy representative(s): Name: _______________________ Contact Information: _____________________ Title: _____________________ (Address) _______________________________ Email: ___________________________ City: _________________________ Telephone: __________________________ State: ________________________ Facsimile: ______________________________________ The Program Member shall provide proof of goods and services purchased via any GoodBuy contract (purchase orders, monthly activity reports, order confirmations, invoices, etc.) to GoodBuy (all purchases conducted through GoodBuy Awarded Vendor contracts). These reports may be modified from time to time as deemed appropriate by GoodBuy. GENERAL TERMS AND CONDITIONS Governing Law and Venue. The Program Member and GoodBuy agree that this Agreement is governed by the law of the State of Texas and the published policies and procedures of GoodBuy. Any and all suits arising from this Agreement shall be brought in a court of competent jurisdiction and venue shall lie in Nueces County, Texas. Cooperation and Access. The Program Member and GoodBuy agree that they will cooperate in compliance withany reasonable requests for information and/or records made by GoodBuy or the Program Member. GoodBuy reserves the right to audit the relevant records of any Program Member, and vice-versa. Defense and Prosecution of Claims. The ESC shall not be responsible or obligated to defend any claims against the Member or prosecute any claims on behalf of the Member. Legal Counsel. The Region 2 ESC shall not be responsible or obligated to provide or act as legal counsel to the Member with respect to any matter regarding this Agreement. Purchase Contracts. The Region 2 ESC and GoodBuy shall not be a party to any contracts made by the Member for the purchase of goods or services with any vendor through the GoodBuy program. GoodBuy Participation Agreement 4 No Warranty. The Region 2 ESC and/or GoodBuy does not warrant, sponsor, or endorse the goods or services of any GoodBuy Vendor. It is the responsibility of the Program Member purchasing from GoodBuy awarded vendors ensure that the applicable purchasing requirements for the Member are met in accordance with all applicable local, state and federal procurement law. Mediation. All claims and disputes arising under this Agreement shall be submitted to non-binding mediation before a neutral mediator in Nueces County, Texas, with the party demanding mediation of a claim being obligated to pay all costs and expenses of mediation. Compliance with Procurement Laws. GoodBuy shall use its best effects to solicit prices for goods and services in compliance with all applicable laws and regulations governing purchase contracts by Members, and will keep a record of its procurement methodology for inspection by any Member. Each Member is responsible for determining, in consultation with its legal counsel, whether purchasing through this cooperative will satisfy the requirements of any applicable law or regulation governing the Program Member. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its directors, officers, employees, representatives and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. THE GOODBUY PURCHASING COOPERATIVE, ITS ENDORSERS, AND SERVICING CONTRACTORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES GoodBuy and Region 2 ESC, their ENDORSERS AND SERVICING CONTRACTORS, DO NOT WARRANT THAT THE OPERATION OR USE OF PROGRAM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GoodBuy Participation Agreement 5 Merger: The Interlocal Participation Agreement, Board Resolution, Terms and Conditions, and General Provisions represent the complete understanding of the GoodBuy Purchasing Cooperative, and Program Member electing to participate in the Program. Representation of Authorization: By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. TOBE COMPLETED BY THE GOODBUY PURCHASING COOPERATIVE, as acting on behalf of all other Program Members By: Date: GoodBuy Relations Representative, Region 2 ESC Email: ____________________ Telephone: _______________________ Facsimile: __________________ (Name of Program Member) TO BE COMPLETED BY PROGRAM MEMBER By: Date: (Signature of authorized representative of Program Member) Interlocal Agreement Page 1 of 5 Updated 4/12/17 Interlocal Agreement between Harris County Department of Education &_____________________ Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and Chapter 271, Subchapter F of the Texas Local Government Code, and other similar, applicable laws of other states, this Interlocal Agreement (“Agreement”) is made and entered into by and between Harris County Department of Education (“HCDE”), located in Houston, Texas, and _____________________, a local governmental entity and/or political subdivision (“LGE”), located in ____________________ (city), __________ (state), for the purpose of contracting for the performance of governmental functions and services. The undersigned may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.” Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is duly authorized to provide programs and services in the State of Texas. Both HCDE and LGE desire to set forth, in writing, the terms and conditions of their agreement. General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Term. The term of this Agreement shall commence on the date of the first signature of this Agreement (“Effective Date”) and shall automatically renew annually, unless either Party gives thirty (30) days prior written notice of non-renewal. 2. Agreement. The terms of this Agreement shall apply and will be considered a part of any addendum, purchase order, or contract for programs and services delivered by HCDE. This Agreement and the attached and incorporated addenda, purchase orders, or exhibits, if any, contain the entire agreement of the parties, and there are no representations, agreements, arrangements, or undertakings, oral or written, between the Parties to this Agreement other than those set forth in this Agreement and duly executed in writing. 3. Purpose and Scope of Work. A. HCDE agrees to: ▪ Provide LGE with descriptive offerings of each of the programs and services that HCDE provides. ▪ Provide programs and services upon LGE’s submission of independent contracts or purchase orders to HCDE and HCDE’s acceptance thereof. HCDE’s obligations to provide programs and services is contingent on HCDE acquiring and maintaining sufficient staffing through reasonable efforts to satisfy HCDE’s obligations under this Agreement and all similar obligations under its contracts with other local governmental entities. ▪ Conduct, at a minimum, an annual audit or survey, as appropriate, for each of the programs and services that HCDE delivers. B. LGE agrees to: ▪ Participate in any or all of the programs and services that HCDE offers, in LGE’s sole discretion. Interlocal Agreement Page 2 of 5 Updated 4/12/17 ▪ Submit purchase order(s) or independent contract(s) for each of the HCDE programs and/or services that LGE desires to purchase and/or collaborate. ▪ Agree to follow the terms and conditions of each independent contract or purchase order. ▪ Designate a person to act as LGE’s representative to each respective HCDE program and/or service delivered. 4. As is. HCDE makes this Agreement available to HCDE participating entities “as is” and is under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Agreement for the benefit of LGE. 5. Master Contract. This Agreement can be utilized as a Master Contract. The general terms and conditions in this Agreement will serve to outline the working relationship between HCDE and LGE. LGE agrees to adhere to the specific terms and conditions set forth for the HCDE programs and/or services as contracted by LGE. In the case of a conflict between this Agreement and any addendum, purchase order, or individual contract for a specific HCDE program or service, the provisions of the addendum, purchase order, or individual contract will govern. 6. Payments. The Parties agree that all payments made under this Agreement will be in an amount that fairly compensates the performing Party for the services or functions performed under this Agreement. The Parties further agree that each Party paying for the performance of governmental functions or services pursuant to this Agreement must make those payments from current revenues available to the paying Party. 7. Invoices. HCDE will invoice LGE for the HCDE programs and services that LGE purchases from HCDE. LGE agrees to remit payment to HCDE within thirty (30) days after the later of the following: (1) the date LGE receives the goods; (2) the date the performance of the service is completed; or (3) the date LGE receives an invoice for the goods or service. If LGE makes a payment to HCDE with a credit card, LGE agrees to pay to HCDE a surcharge fee consisting of any applicable credit card fees and/or costs incurred by HCDE, including, without limitation, the processing fee(s) charged to HCDE by the credit card company(ies). 8. Participation in HCDE’s Cooperative Purchasing Program. If LGE elects to participate in HCDE’s cooperative purchasing program, Choice Partners, LGE shall be permitted to purchase goods and services using the contracts competitively procured by HCDE. HCDE does not assess a fee to LGE for participation in Choice Partners. LGE shall make payments directly to vendors. LGE shall be responsible for ordering, inspecting, and accepting the goods and services purchased through Choice Partners. LGE shall further be responsible for the vendors’ compliance with provisions relating to the specific quality of goods and services delivered and terms of delivered, as set forth between LGE and the vendor. HCDE is not responsible or liable for the performance of any vendor used by LGE as a result of this Agreement or LGE’s participation in Choice Partners. 9. Compliance with Laws. Each Party is responsible for complying with applicable laws and regulations relating to this Agreement and any purchase made under this Agreement. Interlocal Agreement Page 3 of 5 Updated 4/12/17 10. Termination. This Agreement may be terminated prior to the expiration of the Term hereof as follows: ▪ By either Party, with or without cause, upon thirty (30) days’ prior written notice; ▪ By mutual written agreement of the Parties; or ▪ By either Party immediately if the other Party commits a material breach of any of the terms of this Agreement and no remedial action can be agreed upon by the Parties. Termination of this Agreement by a Party shall not terminate an existing purchase order or individual contract between HCDE and LGE or between LGE and an HCDE cooperative purchasing program vendor. In the event of termination of this Agreement or any purchase order or individual contract, LGE shall be responsible for compensating HCDE for programs and services provided by HCDE up to the effective date of termination. 11. Assignment. Neither this Agreement nor any duties or obligations entered in subsequent contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties. 12. Conflict of Interest. During the Term of HCDE’s service to LGE, LGE, its personnel and agents, shall not, directly or indirectly, whether for LGE’s own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by HCDE. 13. Contract Amendment. This Agreement may be amended only by the mutual agreement of all Parties, in writing, to be attached to and incorporated into this Agreement. 14. Notice. Any notice provided under the terms of this Agreement by either party to the other shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows: Harris County Department of Education _____________________________(“LGE”) Attn: James Colbert, Jr. Attn: _______________________________ County School Superintendent Title: _______________________________ 6300 Irvington Blvd. Address: ____________________________ Houston, Texas 77022 City, State, Zip: ______________________ 713-694-6300 Phone: _____________________________ Email: ______________________________ 15. Relation of Parties. It is the intention of the parties that LGE is independent of HCDE and not an employee, agent, joint venturer, or partner of HCDE and nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE and LGE or HCDE and any of LGE’s representatives. 16. Non-Exclusivity of Services. Nothing in this Agreement may be construed to imply that HCDE has exclusive right to provide LGE with programs or services. During the Term of this Agreement, LGE reserves the right to use all available resources to procure other programs and services as needed and, in doing so, will not violate any rights of HCDE. Interlocal Agreement Page 4 of 5 Updated 4/12/17 17. Disclaimer. HCDE DOES NOT WARRANT THAT THE OPERATION OR USE OF HCDE PROGRAMS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. HCDE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, PROGRAM, OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18. Limitation of Liability. Without waiver of the Disclaimer in Article 17 of this Agreement, the Parties agree that: ▪ Neither Party waives any immunity afforded to it under applicable law; and ▪ Neither Party shall be liable to the other Party for special, incidental, or exemplary damages with regard to any lawsuit or formal adjudication arising out of or relating to this Agreement. 19. Severability. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilit y shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it. 20. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws provisions. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Agreement shall be in Houston, Harris County, Texas. 21. No Waiver. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or equity to a Party, including the defense(s) of immunity. No failure on the part of either Party at any time to require the performance by t he other Party of any term hereof shall be taken or held to be a waiver of such term or in any way affect such Party’s right to enforce such term, and no waiver on the part of either Party of any term hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of the Parties hereto. 22. Benefit for Signatory Parties Only. Neither this Agreement, nor any term or provisions hereof, not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. 23. Authorization. Each party acknowledges that the governing body of each Party to the Agreement has authorized and approved this Agreement. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original constituting one and the same instrument. In witness whereof, HCDE and LGE have executed this Agreement to be effective on the date specified in Article 1. Term above: Interlocal Agreement Page 5 of 5 Updated 4/12/17 ____________________________________ Harris County Department of Education Name of Local Governmental Entity ____________________________________ ________________________________ Authorized Signature ____________________________________ James Colbert, Jr. Printed Name ____________________________________ County School Superintendent Title ____________________________________ ________________________________ Date Date Type of Local Governmental Entity (select one): □ School District □ Charter School □ County □ City/Municipality □ University □ College □ State Entity □ Governmental entity/other: ______________ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0133 Name:BV Arts Council Agreement AMD #2 Status:Type:Presentation Consent Agenda File created:In control:2/7/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Presentation, possible action, and discussion regarding amendment #2 to the Building Use Agreement between the City of College Station and the Arts Council of Brazos to move to a month to month term for the building located at 2275 Dartmouth Drive. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:AMD #2 Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding amendment #2 to the Building Use Agreement between the City of College Station and the Arts Council of Brazos to move to a month to month term for the building located at 2275 Dartmouth Drive. Recommendation(s): Staff recommends approval of the option to extend the term of the agreement on a month to month basis. Summary: On February 24, 2011 the City Council approved the purchase of the building occupied by the Arts Council of Brazos Valley (“ACBV”) from the ACBV located at 2275 Dartmouth Drive. The City Council also approved a Use Agreement for the ACBV to occupy the same building with an initial term of three (3) years beginning February 24, 2011. On May 23, 2013 pursuant to the terms of the Use Agreement the City exercised its option for renewal for an additional two year term - March 7, 2014 through March 6, 2016. On December 10, 2015 the City and ACBV amended the Use Agreement to extend it for one year through March 6, 2017 with the City’s option for renewal for an additional one year term through March 6, 2018. On February 23, 2017 the City exercised the option for an additional year as the ACBV continued to work on plans to move into a new location. This amendment will move the Use Agreement to a month to month term. It is anticipated the Arts Council of Brazos Valley will be vacating the building later this summer, as they finalize their move to a new facility. Legal Review:Yes Attachments: 1.Use Agreement Amendment #2 College Station, TX Printed on 2/15/2018Page 1 of 1 powered by Legistar™ AMENDMENT NO. 2 TO THE USE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND ARTS COUNCIL OF BRAZOS VALLEY This Amendment No. 2 to the Use Agreement between the City of College Station and Arts Council of Brazos Valley ("Use Agreement") is entered into between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation ("City") and ARTS COUNCIL OF BRAZOS VALLEY, a Texas Non-Profit Corporation ("ACBV"). Recitals WHEREAS, on or about March 7, 2011 the parties hereto entered into an agreement for ACBV to use City premises located in the Wolf Pen Creek area for enhancing the artistic and cultural life of citizens as set forth in the Use Agreement; and WHEREAS, the initial term of the Use Agreement was for three years with one additional two-year term extension at City's option; and WHEREAS, City exercised its option to renew the Use Agreement on or about April 29, 2013, making the Use Agreement extend through March 6, 2016; and WHEREAS, City amended the Use Agreement on or about December 10, 2015 to extend the term of the agreement by a year to March 6, 2017, with City's option to renew the agreement for an additional one year term through March 6, 2018; and WHEREAS, City exercised its option to renew the Use Agreement for an additional one year term on or about February 23, 2017 for an additional one year term through March 6, 2018; and WHEREAS, the parties now desire to enter into this Amendment No. 2 to the Use Agreement allowing for additional extensions; now therefore Amendment to Agreement For and in consideration of the additional beneiits to accrue to both parties and the covenants of each, the City and ACBV agree to amend the Use Agreement as follows: 1. That Article II/TERM of the Agreement is hereby amended to read in its entirety as follows: CITY herein permits the use and by these present does allow ACBV to use the Premises legally as set out in the description attached hereto as Exhibit "A." The initial term of this Use Agreement is three years from the date of last approval by a Arts Council Lease Ext Amendmt #2 2(MAP) (2) party. This Agreement may be renewed at the CITY' S option for an additional two year term. Following such additional two year term, this Use Agreement is renewed for a one year term through March 6, 2017, with CITY' S option to renew the Use Agreement for an additional one year term through March 6, 2018. Following the additional one year term through March 6, 2018, the Use Agreement is renewed on a month to month basis. The Use Agreement shall expire after 30 day written notice is provided by either party to the other. 2. That all other provisions of the Use Agreement remain in full force and effect. 3. That this Amendment No. 2 to the Use Agreement is effective when approved by both parties. ARTS COUNCIL OF BRAZOS VALLEY Printe ame. C(n S Title: ...- Date: " ( t d s c i- - Printed Name: _ , f s Title: C j,0i Date: t / T/Z,c, i ,s1 _ Arts Council Lease Ext Amendmt #2 2(MAP) (2) CITY OF COLLEGE STATION, TEXAS Name: Karl Mooney Title: Mayor Date: ATTEST: City Secretary APPROVED: City Manager City Attorney Assistant City Manager/CFO City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0136 Name:Comprehensive Plan Amendment – Raintree Reserve II Status:Type:Comprehensive Plan Agenda Ready File created:In control:2/7/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Commercial to General Commercial for approximately 1.9 acres generally located northeast of the intersection at Raintree Drive and Earl Rudder Freeway South. Sponsors:Rachel Lazo Indexes: Code sections: Attachments:Background Information Vicinity Aerial & SAM Comp Plan Exhibit Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Commercial to General Commercial for approximately 1.9 acres generally located northeast of the intersection at Raintree Drive and Earl Rudder Freeway South. Relationship to Strategic Goals: ·Good Governance ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their February 1, 2018 meeting and voted 5-1 to recommend approval of the request. Summary: The applicant has requested an amendment to the Comprehensive Plan’s Future Land Use and Character Map from Suburban Commercial to General Commercial. Though the subject property is located near the intersection of two thoroughfares, the Comprehensive Plan specifically cites the land adjacent the Raintree Subdivision as being appropriate for suburban or neighborhood commercial and office uses due to its proximity to the established Raintree Subdivision. Amendments to the UDO will be brought before City Council later this year to update the Suburban Commercial zoning district requirements to make it more viable. Staff believes the pending changes to the Suburban Commercial zoning district will allow more development flexibility while still providing protection for nearby residential properties. College Station, TX Printed on 2/15/2018Page 1 of 4 powered by Legistar™ File #:18-0136,Version:1 REVIEW CRITERIA 1.Changed or changing conditions in the subject area or the City:The subject property is currently zoned GS General Suburban, and the surrounding areas are designated as Restricted Suburban, Suburban Commercial, and General Commercial on the Comprehensive Plan Future Land Use and Character Map. In July 2017, City Council heard a Comprehensive Plan Amendment for the adjacent parcel, and voiced support for keeping the more intense land uses further from the existing residential properties. This area is not one identified by Economic Development as an area of interest for promotion of General Commercial uses. General Commercial is intended to serve the entire community and its visitors with retail sales and service. This tract was identified as Suburban Commercial on the Comprehensive Plan due to its adjacency to an existing single-family neighborhood. Suburban Commercial is intended to provide for low-density commercial uses that provide service to nearby neighborhoods and is the best option for properties nearby residential subdivisions. 2. Scope of the request:The request is to amend the Comprehensive Plan Future Land Use and Character Map designation for approximately 1.9 acres from Suburban Commercial to General Commercial. A request for rezoning was submitted for consideration and will be heard following this item. 3.Availability of adequate information:A General Commercial designation allows for future development of general commercial uses including retail sales and service uses that function to serve the entire community and its visitors. Properties in this area are served through College Station Utilities (CSU). College Station has an ability to serve domestic water and sanitary sewer service to the proposed development, but additional infrastructure improvements may be needed with site development. A Traffic Impact Analysis is not required at the Comprehensive Plan Amendment stage. Depending on the end use, a Traffic Impact Analysis may be required at the site plan stage to verify that additional improvements to the transportation system are not warranted. 4.Consistency with the goals and strategies set forth in the Plan:The goal for College Station’s Future Land Use and Character Map is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. A relevant strategy identified to achieve this goal is to develop and maintain, through regular review, a land use plan that identifies, establishes, and enhances community character. The subject area is near property zoned both GC General Commercial and GS General Suburban. The retention of the Suburban Commercial land use balances the demand for commercial and office along the freeway and serves as a step down land use transitioning from the freeway to the adjacent residential property. The SC Suburban Commercial zoning district provides some additional protections and enhanced development standards compared to the proposed GC General Commercial zoning district. 5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans: The subject property is currently designated as Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map. The proposed amendment is to General Commercial. College Station, TX Printed on 2/15/2018Page 2 of 4 powered by Legistar™ File #:18-0136,Version:1 The current land use of Suburban Commercial is intended for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size and located adjacent to major roads (arterials and collectors). Design of Suburban Commercial structures is compatible in size, roof type and pitch, architecture, and lot coverage with the surrounding single-family residential use. Modifications to Suburban Commercial zoning district are being drafted to make this district more viable, including an expansion of permitted uses and less stringent regulations on architectural elements, roof pitch, and buffer requirements. It should be noted that the O Office zoning district is also permitted within the Suburban Commercial future land use. The parcel across Raintree Drive from the subject property is developed under the O Office zoning district, which allows for a moderately intense development that is compatible with being adjacent to neighborhoods, similar to the Suburban Commercial zoning district. The proposed land use of General Commercial is intended for concentrations of commercial activities that cater both to nearby residents and to the larger community or region. Generally, these areas tend to be large in size and located near the intersection of two regionally significant roads (arterials and freeways). The secondary street, Raintree Drive, is classified a 2 -lane Minor Collector and functions as the main ingress and egress for the Raintree Subdivision. While the subject parcel is located off Earl Rudder Freeway, given its relatively small size, location and proximity to an established neighborhood, the subject property is not suitable for a General Commercial future land use designation. 6.Compatibility with the surrounding area:The proposed amendment to General Commercial would allow zoning for general commercial uses including retail sales and service that function to serve the entire community and its visitors. Properties to the southeast are generally entitled for residential uses, with some commercial, and properties to the northwest are entitled for various commercial uses as well as existing natural areas. Amending the Comprehensive Plan to General Commercial in this area would not be compatible with all of the surrounding area. A Comprehensive Plan designation of General Commercial would encourage pursuit of the GC General Commercial zoning district if this property were to be rezoned in the future. Such a request already accompanies this land use designation amendment request. That zoning district would allow very intense uses that do not fit well with the context of the area. With an established neighborhood immediately abutting to the subject tract, General Commercial is not compatible with the surrounding area. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network:Water service will be served by City of College Station. There is an existing 12-inch waterline along frontage of State Highway 6, and an 8-inch water line along Raintree Dr. Sanitary Sewer service is available via existing 6-inch sewer main along Raintree Dr. The subject tract is in the Carter Creek Drainage Basin. The site is generally drains toward a Wolf Pen Creek Tributary. Storm water detention will be required with site development. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure College Station, TX Printed on 2/15/2018Page 3 of 4 powered by Legistar™ File #:18-0136,Version:1 appears to have capacity to adequate serve the proposed change of use at this time. 8.Impact on the City’s ability to provide, fund, and maintain services:The proposed amendment for the subject property does not negatively impact the City’s ability to provide, fund, and maintain services. 9.Impact on environmentally sensitive and natural areas: This area is not recognized as environmentally sensitive. 10.Contribution to the overall direction and character of the community as captured in the Plan’s vision and goals:The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The proposed amendment from Suburban Commercial to General Commercial immediately abutting single- family residential property conflicts with the neighborhood integrity goals found within Comprehensive Plan. Particularly relevant from the Neighborhood Integrity chapter of the Comprehensive Plan is the following statement: “Adjacent land uses have an impact on neighborhood character and identity. Non-residential and multi-family properties can develop out of character with adjacent single-family residences. Lighting, noise, and traffic are just some of the issues that arise, as well as the aesthetic issues of non-residential buildings adjacent to single-family homes. Buffering, architectural, and lighting standards are currently in place for non-residential uses in the City. These standards were adopted in 2003 and 2004; however, neighborhoods often feel these standards are insufficient to deal with incompatible adjacent uses. These uses can be accessible to the neighborhood and developed in a way that provides a seamless transition from residential to non-residential uses. Small-scale office or neighborhood retail uses are appropriate directly adjacent to neighborhoods provided that they are an integrated component of the neighborhood with adequate buffering and transition for noise, light, and parking intrusions.” STAFF RECOMMENDATION Staff recommends denial of the request. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1.Background Information 2.Vicinity Map & Aerial 3.Comp Plan Exhibit 4.Ordinance College Station, TX Printed on 2/15/2018Page 4 of 4 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: February 1, 2018 Advertised Council Hearing Dates: February 22, 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: Raintree Contacts in support: None at the time of this report Contacts in opposition: Two at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Commercial and Suburban Commercial GC General Commercial and SC Suburban Commercial Undeveloped South (across Raintree Drive) Suburban Commercial O Office Office East Restricted Suburban GS General Suburban Single-Family Residential West (across Earl Rudder Fw) General Commercial GC General Commercial Auto Dealership DEVELOPMENT HISTORY Annexation: February 1971 Zoning: R-1 Single-Family Residential upon annexation in February 1971 R-1 Single-Family Residential renamed to GS General Suburban in 2014 Final Plat: Raintree 1 Subdivision (1977) Site development: Undeveloped ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN – FUTURE LAND USE & CHARACTER MAP FROM SUBURBAN COMMERCIAL, TO GENERAL COMMERCIAL FOR APPROXIMATLEY 1.9 ACRES LOCATED AT THE INTERSECTION OF RAINTREE DRIVE AND EARL RUDDER FREEWAY SOUTH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding new Subsection C.2.hh of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto for the identified area and made a part hereof for all purposes. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this 22nd day of February, 2018. ATTEST: APPROVED: _____________________________ _________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.__________________ Page 2 of 7 EXHIBIT A That Ordinance No. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding new subsection C.2.hh. to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Introduction; 2. Community Character; 3. Neighborhood Integrity; 4. Economic Development; 5. Parks, Greenways & the Arts; 6. Transportation; 7. Municipal Services & Community Facilities; 8. Growth Management and Capacity; and 9. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 6. Central College Station Neighborhood Plan dated June 2010; 7. Eastgate Neighborhood Plan dated June 2011; 8. Parks, Recreation and Open Spaces Master Plan dated July 2011; 9. Southside Area Neighborhood Plan dated August 2012; 10. Medical District Master Plan dated October 2012; 11. Wellborn Community Plan dated April 2013; 12. Economic Development Master Plan dated September 2013; 13. South Knoll Area Neighborhood Plan dated September 2013; 14. The Water System Master Plan dated April 2017; and 15. The Wastewater System Master Plan dated April 2017. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: ORDINANCE NO.__________________ Page 3 of 7 a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. d. Chapter 8 “Growth Management & Capacity” by amending the text based on recommendations from the Annexation Task Force – Ordinance 3766, dated April 28, 2016. e. Chapter 1, Section 10; Chapter 5, Section 1; Chapter 5, Section 4; Chapter 8, Section 17; and Chapter 9, Section 3; by amending the text – Ordinance 3951, dated October 12, 2017. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012 d. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. e. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. f. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. g. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. h. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. i. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. j. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. k. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. l. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. m. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. n. The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. ORDINANCE NO.__________________ Page 4 of 7 o. The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail – Ordinance 3779, dated June 9, 2016 p. The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. q. The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. r. The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016. s. The approximately 58 acres of land generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension –Ordinance 3830, dated October 27, 2016. t. The approximately 2 acres of land generally located on Corsair Circle north of Pavilion Avenue – Ordinance 3846, dated December 8, 2016. u. The approximately 18 acres of land generally located at the southeast corner of Sebesta Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8, 2016. v. The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block 1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County, Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east, more generally southwest of the intersection of Holleman Drive East and Lassie Lane by – Ordinance 3850, dated January 12, 2017. w. The approximately 6.3 acres of land generally located northeast intersection of Copperfield Parkway and Crescent Pointe Parkway - Ordinance 3859, dated February 9, 2017. x. The approximately 11.3 acres of land generally located at the southeast intersection of Earl Rudder Freeway South and Emerald Parkway – Ordinance 3875, dated April 27, 2017. y. The approximately 232 acres of land generally located south of Rock Prairie Road - Ordinance 3877, dated April 27, 2017. z. The approximately 5.96 acres of land generally located in the nor theast corner of Associates Avenue and Harvey Road intersection. – Ordinance 3879, dated April 27, 2017. aa. The approximately 4.74 acres of land generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway – Ordinance 3882, dated May 11, 2017. bb. The approximately 3.2 acres of land generally located east of Copperfield Parkway and south of Harvey Road. – Ordinance 3884, dated May 11, 2017. cc. The approximately 3.34 acres of land generally located north of Raintree Drive along Earl Rudder Freeway South – Ordinance 3901, dated July 27, 2017. ORDINANCE NO.__________________ Page 5 of 7 dd. The approximately 12.5 acres generally located west of Earl Rudder Freeway South along Harvey Mitchell Parkway – Ordinance 3903, dated July 27, 2017. ee. The approximately 100 acres located along the east side of State Highway 6, south of The Business Park at College Station and north of the Texas World Speedway property- Ordinance 3906, dated July 27, 2017. ff. The approximately 1.7 acres of land being generally located at 12055 FM 2154 - Ordinance 3921, dated August 24, 2017. gg. The approximately 11 acres of land being generally located at 8822 Burgess Lane and near the east intersection of State Highway 47 and Raymond Stotzer Parkway – Ordinance 3965, dated December 14, 2017. hh. The approximately 1.9 acres generally located at the intersection of Raintree Drive and Earl Rudder Freeway South – by this Ordinance, dated February 22, 2018. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. k. Pavilion Avenue extension --Ordinance 3885, dated May 11, 2017. l. Future Minor Collector realigned to Harpers Ferry Road along Arrington Road – Ordinance 3949, dated October 12, 2017. m. 2017 Thoroughfare Plan update to Map 6.6 – Ordinance 3962, dated November 20, 2017. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5-- Ordinance 3729, dated December 10, 2015. c. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. d. Update to Maps 5.4 and 5.5 – Ordinance 3877, dated April 27, 2017. e. 2017 Thoroughfare Plan update to Maps 5.4 and 5.5 – Ordinance 3962, dated November 20, 2017. 6. Parks and Recreation Master Plan Amendment: a. Update to Map B/College Station Neighborhood Park Zone, to Map C/College Station Community Park Zone Map and to the text of Section 2 “Current Conditions ORDINANCE NO.__________________ Page 6 of 7 and Trends,” subsection “Park Land,” paragraph five relating to said maps- Ordinance 3951, dated October 12, 2017. 7. Community and Neighborhood Plan Amendment: a. Eastgate Neighborhood Plan, Chapter 1 - Community Character, “Site Development Area 1 – Lincoln Avenue” – Ordinance 3956, dated November 9, 2017. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.__________________ Page 7 of 7 EXHIBIT B That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 –Community Character” from Suburban Commercial to General Commercial shown as follows: City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0140 Name:Rezoning – Raintree Reserve II Status:Type:Rezoning Agenda Ready File created:In control:2/8/2018 City Council Regular On agenda:Final action:2/22/2018 Title: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 boundaries from GS General Suburban to GC General Commercial on approximately 1.9 acres of land located at 2201 Raintree Drive. Sponsors:Rachel Lazo Indexes: Code sections: Attachments:Background Information Vicinity Aerial & SAM Rezoning Exhibit Ordinance Action ByDate Action ResultVer. 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 boundaries from GS General Suburban to GC General Commercial on approximately 1.9 acres of land located at 2201 Raintree Drive. Relationship to Strategic Goals: ·Good Governance ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their February 1, 2018 meeting and voted 6-0 to recommend approval with the conditions that the building height be limited to one-story and that the landscape buffer be increased to 20-feet with a masonry wall. Summary::The applicant has requested a rezoning from GS General Suburban to GC General Commercial on approximately 1.9 acres. This request is in conjunction with a request to amend the Comprehensive Plan from Suburban Commercial to General Commercial as a future land use. REVIEW CRITERIA 1.Consistency with the Comprehensive Plan:The subject area is designated as Suburban Commercial on the Comprehensive Plan. Suburban Commercial is intended to College Station, TX Printed on 2/15/2018Page 1 of 3 powered by Legistar™ File #:18-0140,Version:1 provide for low-density commercial uses that provide service to nearby neighborhoods. The accompanying Future Land Use and Character Map amendment request is to change the planned uses to General Commercial. The General Commercial land use designation is generally for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally, these areas tend to be large in size and located along regionally significant roads (arterials and freeways). Should the land use designation amendment be approved, the applicant’s request to rezone the property to GC General Commercial would be consistent with the Comprehensive Plan. Should the request to amend the Comprehensive Plan be denied, the rezoning request is no longer consistent with the Comprehensive Plan Future Land Use and Character Map. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:The properties to the east of the subject property are zoned GS General Suburban and developed as single family homes. The property across Raintree Drive is zoned O Office, which is considered a lower-intensity commercial zoning that would be appropriate under the Suburban Commercial future land use designation on the Comprehensive Plan. This property is developed as an office park. The property to the northwest, which is undeveloped, is currently zoned GC General Commercial, however this was approved by City Council because it was not adjacent to the existing residential properties. The proposed zoning change would be incompatible with the adjacent residential properties. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment:It has been understood that this property is suitable for commercial uses, though the intensity of commercial has been the discussion on this property for some time. Due to the subject property’s location and visibility along Earl Rudder Freeway South, it would traditionally be appropriate to have more regionally serving general commercial uses. However, given the site’s adjacency to the Raintree Neighborhood, it would be appropriate to have uses that were more in line with the SC Suburban Commercial zoning district that provides some additional protections and enhanced development standards compared to the proposed GC General Commercial. Staff is currently drafting an ordinance amendment to the Unified Development Ordinance to make the Suburban Commercial zoning district more viable, including an expansion of permitted uses and less stringent regulation on architectural elements, roof pitch, and buffer requirements. That amendment is anticipated to be presented to the Planning and Zoning Commission and City Council within a few months. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment:The property is currently zoned GS General Suburban. Due to its location along Earl Rudder Freeway South and configuration of the tract, it is less suitable for a single-family development and more suitable for a light commercial or office development, as called for in the Comprehensive Plan’s Future Land Use and Character Map, in order to protect the existing homes that are located within the Raintree Neighborhood. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment:This site does not have a high potential to be marketed as a single-family residential development. College Station, TX Printed on 2/15/2018Page 2 of 3 powered by Legistar™ File #:18-0140,Version:1 When considering the surrounding characteristics, it has more potential to be marketed with the a SC Suburban Commercial or O Office zoning designation that the Comprehensive Plan calls for. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use:Water service will be served by City of College Station. There is an existing 12-inch waterline along frontage of State Highway 6 South, and an 8-inch water line along Raintree Drive. Sanitary Sewer service is available via an existing 6-inch sewer main along Raintree Drive. The subject tract is in the Carter Creek Drainage Basin. The site generally drains towards a Wolf Pen Creek Tributary. Storm water detention will be required with site development. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure appears to have capacity to adequate serve the proposed change of use at this time. STAFF RECOMMENDATION Staff recommends denial of the rezoning request. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1.Background information 2.Vicinity, Aerial and Small Area Map 3.Rezoning Exhibit 4. Ordinance College Station, TX Printed on 2/15/2018Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: February 1, 2018 Advertised Council Hearing Dates: February 22, 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: Raintree Contacts in support: None at the time of this report Contacts in opposition: Two at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Commercial and Suburban Commercial GC General Commercial and SC Suburban Commercial Undeveloped South (across Raintree Drive) Suburban Commercial O Office Office East Restricted Suburban GS General Suburban Single-Family Residential West (across Earl Rudder Fw) General Commercial GC General Commercial Auto Dealership DEVELOPMENT HISTORY Annexation: February 1971 Zoning: R-1 Single-Family Residential upon annexation in February 1971 R-1 Single-Family Residential renamed to GS General Suburban in 2014 Final Plat: Raintree 1 Subdivision (1977) Site development: Undeveloped Ordinance Form 8-14-17 ORDINANCE NO. _____ 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 BOUNDARIES FROM GS GENERAL SUBURBAN TO GC GENERAL COMMERCIAL ON APPROXIMATELY 1.9 ACRES OF LAND LOCATED AT 2201 RAINTREE DRIVE; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That 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, be amended as set out in Exhibit “A”, Exhibit “B”, and Exhibit “C” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. ____________ Page 2 of 5 Ordinance Form 8-14-17 PASSED, ADOPTED, and APPROVED this 22nd day of February, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. ____________ Page 3 of 5 Ordinance Form 8-14-17 Exhibit A That 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, is hereby amended to read as follows: The following property is rezoned from GS General Suburban to GC General Commercial: ORDINANCE NO. ____________ Page 4 of 5 Ordinance Form 8-14-17 EXHIBIT “B” ORDINANCE NO. ____________ Page 5 of 5 Ordinance Form 8-14-17 Exhibit “C” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0137 Name:Comprehensive Plan Amendment – Pebble Creek Phase 11 Status:Type:Comprehensive Plan Agenda Ready File created:In control:2/7/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban to General Commercial for approximately 29 acres generally located at the intersection of Rock Prairie Road and William D. Fitch Parkway. Sponsors:Lauren Hovde Indexes: Code sections: Attachments:Background Information Vicinity Map and Aerial Comp Plan Exhibit Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban to General Commercial for approximately 29 acres generally located at the intersection of Rock Prairie Road and William D. Fitch Parkway. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item on February 1, 2018 and voted 6-0 to recommend approval. Summary: The applicant has requested an amendment to the Comprehensive Plan’s Future Land Use and Character Map from Restricted Suburban to General Commercial. The site is currently partially developed as an active oil well. As this Comprehensive Plan Amendment could have significant impact on the future development of the surrounding area, which is largely rural in character, the upcoming 10-year update of the Comprehensive Plan would be the more appropriate time to further and comprehensively explore a change in the future land use designation. REVIEW CRITERIA College Station, TX Printed on 2/15/2018Page 1 of 4 powered by Legistar™ File #:18-0137,Version:1 1.Changed or changing conditions in the subject area or the City: The subject property is located at the southern corner of the intersection of William D. Fitch Parkway and Rock Prairie Road. On the opposite corner to the north, the Hartzell Elkins Tract was recently rezoned from R Rural to Suburban Commercial, Estate, and Natural Areas Protected in September 2017. The City Council recently considered a Comprehensive Plan Amendment to general commercial for a tract near the subject property and denied the request. Rock Prairie Road, currently a 2-lane rural section road, recently changed designations on the City’s Thoroughfare Plan from a future 4-lane minor arterial to a future 4-lane major arterial. Since the 2009 Comprehensive Plan Adoption, William D Fitch, currently a 2-lane rural road that widens to 4-lanes at the intersection, remains the same future designation of a 6-lane major arterial on the Thoroughfare Plan. 2.Scope of the request: The request is to amend the Comprehensive Plan Future Land Use and Character Map designation for approximately 29 acres from Restricted Suburban to General Commercial. 3.Availability of adequate information: A General Commercial designation allows for future development of general commercial uses, including retail sales and service uses that function to serve both nearby residents and the larger community or region. Properties in this area are served through City of College Station Utilities and Wellborn SUD. College Station has an ability to serve water and sanitary sewer service to the proposed development, but additional infrastructure improvements may be needed with site development. A Traffic Impact Analysis is not required at the Comprehensive Plan Amendment stage. Depending on the end use, a Traffic Impact Analysis may be required at the site plan stage to verify that additional improvements to the transportation system are not warranted. 4.Consistency with the goals and strategies set forth in the Plan: The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. Consistent with the Comprehensive Plan, the intersection of Rock Prairie Road and William D. Fitch was not identified by the City’s Economic Development Department as an area of interest for the promotion of General Commercial uses. As this amendment could become a precedent that could greatly affect land use, traffic patterns, and service demands within the surrounding area, Staff recommends that this request and its potential impact be studied with the upcoming 10-year update to the Comprehensive Plan. 5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans: The subject property is currently designated as Restricted Suburban on the Comprehensive Plan Future Land Use and Character Map. The proposed amendment is to General Commercial. The current land use of Restricted Suburban is intended for moderate development consisting of medium-density single-family lots. These can average 8,000 square feet in area when clustered with open space or should consist of larger lots when not clustered. The proposed land use of General Commercial is intended for concentrations of commercial activities that cater both to nearby residents and to the entire community or region. Generally, these areas tend to be large in size and located near the intersection of two regionally significant roads (arterials and freeways). The upcoming 10-year update of the Comprehensive Plan is an College Station, TX Printed on 2/15/2018Page 2 of 4 powered by Legistar™ File #:18-0137,Version:1 appropriate time to further explore the possibility of updating the recommendations for this area. The Thoroughfare Plan shows the roadways surrounding the subject property at Suburban in context. The property has frontage to a future four-lane Major Arterial, Rock Prairie Road, and to a six-lane Major Arterial, William D. Fitch Parkway. A future two-lane minor collector is planned to extend through the parent tract which contains the subject property. The exact location of that minor collector will be discussed further during the zoning and platting stages of development. 6.Compatibility with the surrounding area: The proposed amendment to General Commercial would allow zoning for General Commercial uses including retail sales and service that function to serve the entire community and its visitors. Properties to the east, south, and west along are currently zoned R Rural and are respectively designated as Institutional/Public, Restricted Suburban, and Estate on the Future Land Use and Character Map. On the opposite corner to the north, the Hartzell Elkins Tract was recently rezoned from R Rural to Suburban Commercial, Estate, and Natural Areas Protected in September 2017. Staff believes that amending the Comprehensive Plan to General Commercial in this area would not be compatible with the prevailing rural character and existing zoning in the area. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network: Water Service will be served by City of College Station. There’s an existing 18” water main along William D Fitch, and a 12-inch future water master plan line planned along Rock Prairie Rd. There’s an existing 12-inch sewer line along William D Fitch. Public Infrastructures will be required to be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing Infrastructures appear to currently have capacity to adequately serve the propose use. The Site is in the Lick Creek Drainage basin and generally drains towards Lick Creek Tributary 8. With Site development, detention will not be required per currently adopted Watershed Timing assessment if the site directly discharges into Lick Creek Tributary 8. Drainage improvements are required to be designed and constructed in accordance with B/CS Unified Storm Water design Guidelines, and site development impacts on the drainage systems will be evaluated further at that time. The property has frontage to a future four-lane Major Arterial, Rock Prairie Road, and to a six- lane Major Arterial, William D. Fitch Parkway. Also a future Minor Collector on the southern side of the proposed land use change is planned on the thoroughfare plan. A Traffic Impact Analysis is not required at the Comprehensive Plan Amendment stage. Drainage and other public infrastructure required with the site shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing infrastructure appears to currently have capacity to adequately serve the proposed change in land use. 8.Impact on the City’s ability to provide, fund, and maintain services: The proposed amendment for the subject property does not negatively impact the City’s ability to provide, fund, and maintain services. 9.Impact on environmentally sensitive and natural areas: A drainage study will be required upon development of the site to ensure storm water movement post development College Station, TX Printed on 2/15/2018Page 3 of 4 powered by Legistar™ File #:18-0137,Version:1 does not negatively impact the nearby Lick Creek Tributary and floodplain. 10.Contribution to the overall direction and character of the community as captured in the Plan’s vision and goals:The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. As this amendment could become a precedent that affects land use, traffic patterns, and service demands within the surrounding area, Staff believes the upcoming 10-year update of the Comprehensive Plan would be the appropriate time to further explore the possibility of updating the recommendations for this area. STAFF RECOMMENDATION Staff recommends denial of the Comprehensive Plan amendment. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1. Background Information 2. Vicinity and Aerial Maps 3. Comprehensive Plan Exhibit 4. Ordinance College Station, TX Printed on 2/15/2018Page 4 of 4 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: February 1, 2018 Advertised Council Hearing Dates: February 22, 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: Williams Creek and Pebble Creek Contacts in support: None Contacts in opposition: Two Inquiry contacts: One ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (across William D Fitch Parkway) Suburban Commercial Suburban Commercial Undeveloped South Natural Areas Reserved and Restricted Suburban R Rural Undeveloped East (across Rock Prairie) Estate R Rural Primarily undeveloped with an oil well West (across William D Fitch Parkway) Institutional/Public R Rural Public Facilities (CSISD Administrative Office and Bus Barn) DEVELOPMENT HISTORY Annexation: 1983 Zoning: A-O Agricultural Open upon annexation A-O Agricultural Open renamed to R Rural in 2014 Final Plat: Not platted Site development: Undeveloped View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=5798641&GUID=BB6AB280-9198-4745-9F59-DFB122FEFF78[2/15/2018 1:52:03 PM] ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN – FUTURE LAND USE & CHARACTER MAP FROM RESTRICTED SUBURBAN TO GENERAL COMMERCIAL FOR APPROXIMATLEY 29 ACRES GENERALLY LOCATED AT THE INTERSECTION OF WILLIAM D FITCH PARKWAY AND ROCK PRAIRIE ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding new Subsection C.2.ii of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto for the identified area and made a part hereof for all purposes. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this 22nd day of February, 2018. ATTEST: APPROVED: _____________________________ _________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.__________________ Page 2 of 7 EXHIBIT A That Ordinance No. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding new subsection C.2.ii. to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Introduction; 2. Community Character; 3. Neighborhood Integrity; 4. Economic Development; 5. Parks, Greenways & the Arts; 6. Transportation; 7. Municipal Services & Community Facilities; 8. Growth Management and Capacity; and 9. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 6. Central College Station Neighborhood Plan dated June 2010; 7. Eastgate Neighborhood Plan dated June 2011; 8. Parks, Recreation and Open Spaces Master Plan dated July 2011; 9. Southside Area Neighborhood Plan dated August 2012; 10. Medical District Master Plan dated October 2012; 11. Wellborn Community Plan dated April 2013; 12. Economic Development Master Plan dated September 2013; 13. South Knoll Area Neighborhood Plan dated September 2013; 14. The Water System Master Plan dated April 2017; and 15. The Wastewater System Master Plan dated April 2017. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: ORDINANCE NO.__________________ Page 3 of 7 a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. d. Chapter 8 “Growth Management & Capacity” by amending the text based on recommendations from the Annexation Task Force – Ordinance 3766, dated April 28, 2016. e. Chapter 1, Section 10; Chapter 5, Section 1; Chapter 5, Section 4; Chapter 8, Section 17; and Chapter 9, Section 3; by amending the text – Ordinance 3951, dated October 12, 2017. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012 d. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. e. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. f. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. g. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. h. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. i. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. j. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. k. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. l. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. m. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. n. The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. ORDINANCE NO.__________________ Page 4 of 7 o. The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail – Ordinance 3779, dated June 9, 2016 p. The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. q. The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. r. The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016. s. The approximately 58 acres of land generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension –Ordinance 3830, dated October 27, 2016. t. The approximately 2 acres of land generally located on Corsair Circle north of Pavilion Avenue – Ordinance 3846, dated December 8, 2016. u. The approximately 18 acres of land generally located at the southeast corner of Sebesta Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8, 2016. v. The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block 1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County, Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east, more generally southwest of the intersection of Holleman Drive East and Lassie Lane by – Ordinance 3850, dated January 12, 2017. w. The approximately 6.3 acres of land generally located northeast intersection of Copperfield Parkway and Crescent Pointe Parkway - Ordinance 3859, dated February 9, 2017. x. The approximately 11.3 acres of land generally located at the southeast intersection of Earl Rudder Freeway South and Emerald Parkway – Ordinance 3875, dated April 27, 2017. y. The approximately 232 acres of land generally located south of Rock Prairie Road - Ordinance 3877, dated April 27, 2017. z. The approximately 5.96 acres of land generally located in the nor theast corner of Associates Avenue and Harvey Road intersection. – Ordinance 3879, dated April 27, 2017. aa. The approximately 4.74 acres of land generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway – Ordinance 3882, dated May 11, 2017. bb. The approximately 3.2 acres of land generally located east of Copperfield Parkway and south of Harvey Road. – Ordinance 3884, dated May 11, 2017. cc. The approximately 3.34 acres of land generally located north of Raintree Drive along Earl Rudder Freeway South – Ordinance 3901, dated July 27, 2017. ORDINANCE NO.__________________ Page 5 of 7 dd. The approximately 12.5 acres generally located west of Earl Rudder Freeway South along Harvey Mitchell Parkway – Ordinance 3903, dated July 27, 2017. ee. The approximately 100 acres located along the east side of State Highway 6, south of The Business Park at College Station and north of the Texas World Speedway property- Ordinance 3906, dated July 27, 2017. ff. The approximately 1.7 acres of land being generally located at 12055 FM 2154 - Ordinance 3921, dated August 24, 2017. gg. The approximately 11 acres of land being generally located at 8822 Burgess Lane and near the east intersection of State Highway 47 and Raymond Stotzer Parkway – Ordinance 3965, dated December 14, 2017. hh. The approximately 1.9 acres generally located at the intersection of Raintree Drive and Earl Rudder Freeway South by an Ordinance dated February 22, 2018. ii. The approximately 29 acres of land being generally located at the intersection of William D. Fitch Parkway and Rock Prairie Road – by this ordinance, dated February 22, 2018. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. k. Pavilion Avenue extension --Ordinance 3885, dated May 11, 2017. l. Future Minor Collector realigned to Harpers Ferry Road along Arrington Road – Ordinance 3949, dated October 12, 2017. m. 2017 Thoroughfare Plan update to Map 6.6 – Ordinance 3962, dated November 20, 2017. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5-- Ordinance 3729, dated December 10, 2015. c. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. d. Update to Maps 5.4 and 5.5 – Ordinance 3877, dated April 27, 2017. e. 2017 Thoroughfare Plan update to Maps 5.4 and 5.5 – Ordinance 3962, dated November 20, 2017. 6. Parks and Recreation Master Plan Amendment: ORDINANCE NO.__________________ Page 6 of 7 a. Update to Map B/College Station Neighborhood Park Zone, to Map C/College Station Community Park Zone Map and to the text of Section 2 “Current Conditions and Trends,” subsection “Park Land,” paragraph five relating to said maps- Ordinance 3951, dated October 12, 2017. 7. Community and Neighborhood Plan Amendment: a. Eastgate Neighborhood Plan, Chapter 1 - Community Character, “Site Development Area 1 – Lincoln Avenue” – Ordinance 3956, dated November 9, 2017. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.__________________ Page 7 of 7 EXHIBIT B That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 –Community Character” from Restricted Suburban to General Commercial shown as follows: City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0139 Name:UDO Amendments – Bicycle Parking Status:Type:Unified Development Ordinance Agenda Ready File created:In control:2/8/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, “Unified Development Ordinance”, Section 7.2.J “Bicycle Facilities” and Section 7.3.J “Alternative Parking Plans” of the Code of Ordinances of the City of College Station related to bicycle parking requirements. Sponsors:Alaina Helton Indexes: Code sections: Attachments:Sec.7.2.J.Bicycle Facilities Redline Sec.7.3.J.Alternative Parking Plans Redline Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, “Unified Development Ordinance”, Section 7.2.J “Bicycle Facilities” and Section 7.3.J “Alternative Parking Plans” of the Code of Ordinances of the City of College Station related to bicycle parking requirements. Relationship to Strategic Goals: ·Good Governance ·Diverse Growing Economy ·Improving Mobility Recommendation(s): The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their February 5th meeting and voted 6-0 to recommend approval.The Planning & Zoning Commission will hear this item at their February 15th meeting. Their recommendation will be provided at the City Council meeting. Summary:This item originated with the 2017 Planning &Zoning (P&Z)Commission Plan-of-Work and includes updates to the City’s bicycle parking standards.A brief overview of the process is provided below: •September 5,2017 -Staff presented this item to the Bicycle,Pedestrian,and Greenways (BPG) Advisory Board and received recommendations on Staff’s proposed changes. •September 7,2017 -Staff presented the BPG Board’s recommendations to the P&Z Commission and was directed to provide additional research and public input. •October 19,2017 -Staff presented additional proposals to the Commission,and received College Station, TX Printed on 2/15/2018Page 1 of 2 powered by Legistar™ File #:18-0139,Version:1 direction on final recommendations. •November 20,2017 -Staff presented the P&Z Commission and BPG Advisory Boards recommendations to City Council for discussion.Council directed Staff to move forward with a combination of Staff and the BPG Board recommendations, which are outlined below: Summary of Changes •Eliminate required bicycle parking for Self-Storage uses,Industrial and Manufacturing land uses, as well as property located in the Rural Zoning District. •Reduce the minimum bicycle parking requirements from four to two spaces and change the calculation for the required number bicycle parking spaces to be based upon the number of automobile parking spaces. •Modify the location and design standards for bicycle parking to allow flexibility in placement. •Provide for reductions in automobile parking requirements for developments that provide bicycle parking above the minimum requirements. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1.UDO Section 7.2.J - Redlined 2.UDO Section 7.3.J - Redlined 3. Ordinance College Station, TX Printed on 2/15/2018Page 2 of 2 powered by Legistar™ J. Bicycle Facilities. 1. Number Required. a. For sites subject to the Non-Residential Architectural Standards of this UDO except for Mini-Warehouse/Self-Storage, Industrial and Manufacturing land uses, and property located in the Rural Zoning District.MU Mixed-Use districts: The number of bicycle parking spaces shall be as set forth in the chart below (Figure 1) and in any event no less than two (2) bicycle parking spaces must be provided. Each primary building shall provide a facility capable of storing a minimum of four (4) bicycles. b. Bicycle Parking Requirements: The number of bicycle parking spaces shall be based on the required automobile parking spaces and shall be provided in accordance with the following. Fig. 1: Bicycle Parking Standard Chart Non-Residential 0-40 required auto spaces = 2 short-term bicycle parking spaces minimum 41-80 required auto spaces = 4 short-term bicycle parking spaces minimum 81-120 required auto spaces = 6 short-term bicycle parking spaces minimum 121+ required auto spaces = 8 short-term bicycle parking spaces minimum c. Notwithstanding the above, In multi-tenant buildings in excess of twenty thousand (20,000) gross square feet, one (1) or more facilities capable of storing eight (8) bicycles shall be provided at a minimum. a.d. In MU Mixed-Use districts, bicycle storage facilities shall be provided at a rate [of] one (1) bicycle for every 15,000 square feet of non-residential uses, and one (1) bicycle for every two (2) dwelling units. b.e. Refer to the Alternative Parking Plan Section for the potential to substitute additional bicycle facilities for vehicular parking. 2. Placement and Design. a. Facilities shall be separated from motor vehicle parking to protect both bicycles and vehicles from accidental damage and shall be sufficiently separated from building or other walls, landscaping, or other features to allow for ease and encouragement of us e. This separation shall be a minimum of three (3) feet. b. Bicycle Corrals: In areas with limited sidewalk space and frequent bicycle activity, bicycle parking may be provided in “bike corrals” located in the vehicular parking area adjacent to a curb. Design will be considered as context dictates as approved by the Administrator. Bicycle corrals shall be designed to distinguish and define the parking stall they inhabit for visibility and safety purposes. The corral should be well defined, such as generally surrounded by a painted white box on the pavement with flexible vertical delineators and a wheel stop where vehicles in adjacent parking spots might back into the corral. See example image below: cb. Where bicycle facilities are provided for twofour (24) bicycles, a standard footprint which is at least four feet wide by six feet long shall be used.the area for such a facility shall be approximately fifty-four (54) square feet in area, approximately nine (9) feet by six (6) feet or as approved by the Administrator. Fig. 2: Examples of Bicycle Parking Footprint and Dimensions dc. Facilities shall be placed in clearly designated, safe, and convenient locations and such that no primary building entrance is further than one hundred fifty (150) feet from a bicycle facility. ed. Bicycles may be permitted on sidewalks or other paved surfaces provided that the bicycles do not block or interfere with pedestrian or vehicular traffic. fe. Bicycle facilities shall be constructed so as to enable the user to secure a bicycle by locking the frame and one (1) wheel of each bicycle parked therein. Facilities must be easily usable with both U-locks and cable locks and support the bicycle frame at two (2) points. Facilities shall be anchored securely to the ground. J. Alternative Parking Plans. 1. Scope. An "Alternative Parking Plan" represents a proposal to meet vehicle parking and transportation access needs by means other than providing parking spaces on-site in accordance with the ratios established in Section 12-7.3.I, Number of Off-Street Parking Spaces Required. 2. Applicability. Applicants who wish to provide fewer or more off -street parking spaces than allowed above shall be required to secure approval of an Alternative Parking Plan, in accordance with the standards of this Section. The Administrator may require that an Alternative Parking Plan be submitted in cases where the Administrator deems the listed standard to be inappropriate based on the unique nature of the use or in cases where the applicable standard is unclear.' 3. Contents. Alternative Parking Plans shall be submitted in a form established by the Administrator and made available to the public. At a minimum, such plans shall detail the type of alternative proposed and the rationale for such a proposal. 4. Review and Approval Procedure. The Administrator shall be authorized to approve Alternative Parking Plans. Appeals of the Administrator's decision may be made to the Planning and Zoning Commission. 5. Recording. An attested copy of an approved Alternative Parking Plan shall be submitted to the County Clerk's office for recordation on forms made available in the Department of Development Services. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a Building Permit. An approved Alternative Parking Plan may be amended by the Administrator. 6. Eligible Alternatives. A number of specific parking and access alternatives are described below. The Administrator shall, however, be authorized to consider and approve any alternative to p roviding off-street parking spaces on the site of the subject development if the applicant demonstrates that the proposed plan shall result in a better situation with respect to surrounding neighborhoods, City- wide traffic circulation, and urban design tha n would strict compliance with otherwise applicable off-street parking standards. a. Demand-Based Parking. When the developer of a non-residential or multi-family development can demonstrate that such development will require fewer parking spaces than r equired by the standards of this Section, the Administrator may permit a reduction in the number of required parking spaces for the development. Such a reduction in parking spaces shall be justified by the applicant through the development of a parking stu dy prepared by a professional engineer or transportation planner and submitted to the Administrator. Duplex, townhomes and single family developments are not eligible for the demand-based parking option. b. Shared Parking. The Administrator may authorize a reduction in the number of required off-street parking spaces for multiple-use developments or for uses that are located near one another and that have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards: 1) Location. Shared off-street parking spaces shall be located no farther than five hundred (500) feet from the building site. The Administrator may waive this distance limitation, if adequate assurances are offered regarding the usability of the shared lot and the principle use (such as the operation of a van or shuttle service, etc.). 2) Zoning Classification. Shared-parking areas shall be considered accessory uses of principal uses that the parking spaces are intended to serve. Shared parking areas shall require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the shared parking area; 3) Required Study and Analysis. The applicant shall submit a shared parking analysis to the Administrator that clearly demonstrates the feasibility of shared parking. The study shall be provided in a form established by the Administrator and made available to the public. It shall address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that shall be sharing off-street parking spaces. The Administrator shall have the authority to require a revised study and analysis should conditions change that may result in a change in site parking conditions; 4) Shared Parking Agreement. A shared parking plan shall be enforced through written agreement among the owners of record. An attested copy of the agreement shall be submitted to the County Clerk's office for recordation on forms made available in the Department of Development Services. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a Building Permit. If a shared parking agreement is revoked by the parties to the agreement, either off -street parking must be provided pursuant to this Section or an Alternative Parking Plan must be approved by the Administrator; and 5) Revocation. Failure to comply with the shared parking provisions of this Section shall constitute a violation of this UDO and shall specifically be cause for revocation of a Certificate of Occupancy or Building Permit. c. Off-Site Parking . The Administrator may permit all or a portion of the required off -street parking spaces to be located on a remote and separate lot from the lot on which the principal use is located, subject to the standards of this Section. 1) Location. No off-site parking space shall be located more than five hundred (500) feet from the building site. The Administrator may waive this distance limitation if adequate assurances are offered regarding the usability of the off-site lot and the principle use (such as the operation of a van or shuttle service, etc.). 2) Zoning Classification. Off-site parking areas shall be considered accessory uses of principal uses that the parking spaces are intended to serve. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served; 3) Off-Site Parking Agreement. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement among the owners of record shall be required. An attested copy of the agreement between the owners of record shall be submitted to the County Clerk's Office for recordation on forms made available in the office of the Administrator. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a Building Permit. If an off -site parking agreement is revoked by the parties to the agreement, either off-street parking must be provided on- site pursuant to this Section or an Alternative Parking Plan must be approved by the Administrator. d. Bicycle Parking . The Administrator may authorize reducing the number of required off -street parking spaces by up to five percent (5%) for developments or uses that make The Administrator may authorize a reduction in the number of required off-street parking spaces for developments or uses that make special provisions to accommodate bicyclists. Examples of accommodations include bicycle lockers, employee shower facilities, and dressing areas for employees, or the provision of bicycle parking spaces above the minimum requirements provided that adequate accessibility by motor vehicle and bicycle to the subject site is maintained. For developments that provide bicycle parking spaces above the minimum requirements, the reduction in automobile parking spaces shall be calculated at a one-to- one ratio. Ordinance Form 8-14-17 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 7.2.J, “BICYCLE FACILITIES”, AND SECTION 7.3.J “ALTERNATIVE PARKING PLANS”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO BICYCLE FACILITIES; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards”, Section 7.2.J, “Bicycle Facilities”, and Section 7.3.J, “Alternative Parking Plans”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B”, attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. ___________ Page 2 of 8 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 22nd day of February, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. ___________ Page 3 of 8 Ordinance Form 8-14-17 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards”, Section 7.2.J, “Bicycle Facilities”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “J. Bicycle Facilities. 1. Number Required. a. For sites subject to the Non-Residential Architectural Standards of this UDO except for Mini-Warehouse/Self-Storage, Industrial and Manufacturing land uses, and property located in the Rural Zoning District. The number of bicycle parking spaces shall be as set forth in the chart below (Figure 1) and in any event no less than two (2) bicycle parking spaces must be provided. b. Bicycle Parking Requirements: The number of bicycle parking spaces shall be based on the required automobile parking spaces and shall be provided in accordance with the following. Fig. 1: Bicycle Parking Standard Chart Non-Residential 0-40 required auto spaces = 2 short-term bicycle parking spaces minimum 41-80 required auto spaces = 4 short-term bicycle parking spaces minimum 81-120 required auto spaces = 6 short-term bicycle parking spaces minimum 121+ required auto spaces = 8 short-term bicycle parking spaces minimum c. Notwithstanding the above, in multi-tenant buildings in excess of twenty thousand (20,000) gross square feet, one (1) or more facilities capable of storing eight (8) bicycles shall be provided at a minimum. d. In MU Mixed-Use districts, bicycle storage facilities shall be provided at a rate [of] one (1) bicycle for every 15,000 square feet of non-residential uses, and one (1) bicycle for every two (2) dwelling units. e. Refer to the Alternative Parking Plan Section for the potential to substitute additional bicycle facilities for vehicular parking. 2. Placement and Design. a. Facilities shall be separated from motor vehicle parking to protect both bicycles and vehicles from accidental damage and shall be sufficiently separated from building or other walls, landscaping, or other features to allow for ease and encouragement of use. This separation shall be a minimum of three (3) feet. ORDINANCE NO. ___________ Page 4 of 8 Ordinance Form 8-14-17 b. Bicycle Corrals: In areas with limited sidewalk space and frequent bicycle activity, bicycle parking may be provided in “bike corrals” located in the vehicular parking area adjacent to a curb. Design will be considered as context dictates as approved by the Administrator. Bicycle corrals shall be designed to distinguish and define the parking stall they inhabit for visibility and safety purposes. The corral should be well defined, such as generally surrounded by a painted white box on the pavement with flexib le vertical delineators and a wheel stop where vehicles in adjacent parking spots might back into the corral. See example image below: c. Where bicycle facilities are provided for two (2) bicycles, a standard footprint which is at least four feet wide by six feet long shall be used. Fig. 2: Examples of Bicycle Parking Footprint and Dimensions ORDINANCE NO. ___________ Page 5 of 8 Ordinance Form 8-14-17 d. Facilities shall be placed in clearly designated, safe, and convenient locations and such that no primary building entrance is further than one hundred fifty (150) feet from a bicycle facility. e. Bicycles may be permitted on sidewalks or other paved surfaces provided that the bicycles do not block or interfere with pedestrian or vehicular traffic. f. Bicycle facilities shall be constructed so as to enable the user to secure a bicycle by locking the frame and one (1) wheel of each bicycle parked therein. Facilities must be easily usable with both U-locks and cable locks and support the bicycle frame at two (2) points. Facilities shall be anchored securely to the ground.” ORDINANCE NO. ___________ Page 6 of 8 Ordinance Form 8-14-17 Exhibit B That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards”, Section 7.3.J, “Alternative Parking Plans”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “J. Alternative Parking Plans. 1. Scope. An "Alternative Parking Plan" represents a proposal to meet vehicle parking and transportation access needs by means other than providing parking spaces on-site in accordance with the ratios established in Section 7.3.I, Number of Off-Street Parking Spaces Required. 2. Applicability. Applicants who wish to provide fewer or more off -street parking spaces than allowed above shall be required to secure approval of an Alternative Parking Plan, in accordance with the standards of this Section. The Administrator may require that an Alternati ve Parking Plan be submitted in cases where the Administrator deems the listed standard to be inappropriate based on the unique nature of the use or in cases where the applicable standard is unclear.' 3. Contents. Alternative Parking Plans shall be subm itted in a form established by the Administrator and made available to the public. At a minimum, such plans shall detail the type of alternative proposed and the rationale for such a proposal. 4. Review and Approval Procedure. The Administrator shall be authorized to approve Alternative Parking Plans. Appeals of the Administrator's decision may be made to the Planning and Zoning Commission. 5. Recording. An attested copy of an approved Alternative Parking Plan shall be submitted to the County Clerk's office for recordation on forms made available in the Department of Development Services. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a Building Permit. An approved Alternative Parking Plan may be amended by the Administrator. 6. Eligible Alternatives. A number of specific parking and access alternatives are described below. The Administrator shall, however, be authorized to consider and approve any alternative to providing off -street parking spaces on the site of the subject development if the applicant demonstrates that the proposed plan shall result in a better situation with respect to surrounding neighborhoods, City- wide traffic circulation, and urban design than would strict compliance with otherwise applicable off-street parking standards. a. Demand-Based Parking. When the developer of a non-residential or multi-family development can demonstrate that such development will require fewer parking spaces than required by the standards of this Section, the Administrator may permit a reduction in the number of required parking spaces for the development. Such a reduction in parking spaces shall be justified by the applicant through the development of a parking study prepared by a professional engin eer or ORDINANCE NO. ___________ Page 7 of 8 Ordinance Form 8-14-17 transportation planner and submitted to the Administrator. Duplex, townhomes and single family developments are not eligible for the demand-based parking option. b. Shared Parking. The Administrator may authorize a reduction in the number of required off-street parking spaces for multiple-use developments or for uses that are located near one another and that have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards: 1) Location. Shared off-street parking spaces shall be located no farther than five hundred (500) feet from the building site. The Administrator may waive this distance limitation, if adequate assurances are offered regarding the usability of the shared lot and the principle use (such as the operation of a van or shuttle service, etc.). 2) Zoning Classification. Shared-parking areas shall be considered accessory uses of principal uses that the parking spaces are intended to serve. Shared parking areas shall require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the shared parking area; 3) Required Study and Analysis. The applicant shall submit a shared parking analysis to the Administrator that clearly demonstrates the feasibility of shared parking. The study shall be provided in a form established by the Administrator and made available to the public. It shall address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that shall be sharing off-street parking spaces. The Administrator shall have the authority to require a revised study and analysis should conditions change that may result in a change in site parking conditions; 4) Shared Parking Agreement. A shared parking plan shall be enforced through written agreement among the owners of record. An attested copy of the agreement shall be submitted to the County Clerk's office for recordation on forms made available in the Department of Development Services. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a Building Permit. If a shared parking agreement is revoked by the parties to the agreement, either off -street parking must be provided pursuant to this Section or an Alternative Parking Plan must be approved by the Administrator; and 5) Revocation. Failure to comply with the shared parking provisions of this Section shall constitute a violation of this UDO and shall specifically be cause for revocation of a Certificate of Occupancy or Building Permit. c. Off-Site Parking. The Administrator may permit all or a portion of the required off -street parking spaces to be located on a remote and separate lot from the lot on which the principal use is loc ated, subject to the standards of this Section. 1) Location. No off-site parking space shall be located more than five hundred (500) feet from the building site. The Administrator may waive this distance limitation if adequate ORDINANCE NO. ___________ Page 8 of 8 Ordinance Form 8-14-17 assurances are offered regarding the usability of the off-site lot and the principle use (such as the operation of a van or shuttle service, etc.). 2) Zoning Classification. Off-site parking areas shall be considered accessory uses of principal uses that the parking spaces are intended to serve. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served; 3) Off-Site Parking Agreement. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement among the owners of record shall be required. An attested copy of the agreement between the owners of record shall be submitted to the County Clerk's Office for recordation on forms made available in the offic e of the Administrator. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a Building Permit. If an off -site parking agreement is revoked by the parties to the agreement, either off-street parking must be provided on- site pursuant to this Section or an Alternative Parking Plan must be approved by the Administrator. d. Bicycle Parking. The Administrator may authorize reducing the number of required off -street parking spaces by up to five percent (5%) for developments or uses that make special provisions to accommodate bicyclists. Examples of accommodations include bicycle lockers, employee shower facilities, dressing areas for employees, or the provision of bicycle parking spaces above the minimum requirements provided that adequate accessibility by motor vehicle and bicycle to the subject site is maintained. For developments that provide bicycle parking spaces above the minimum requirements, the reduction in automobile parking spaces shall be calculated at a one-to-one ratio.” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0142 Name:UDO Amendments – Architectural Requirements Status:Type:Unified Development Ordinance Agenda Ready File created:In control:2/9/2018 City Council Regular On agenda:Final action:2/22/2018 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 2.2 “Planning and Zoning Commission”, Section 2.8 “Administrator”, Section 5.8 “Design Districts”, Section 5.10 “Overlay Districts”, and Section 7.10 “Non-Residential Architectural Standards” as it relates to screening, architectural features, and the color palette. Sponsors:Lauren Hovde Indexes: Code sections: Attachments:UDO Article 2 - Redlined UDO Article 5 - Redlined UDO Article 7 - Redlined Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 2.2 “Planning and Zoning Commission”, Section 2.8 “Administrator”, Section 5.8 “Design Districts”, Section 5.10 “Overlay Districts”, and Section 7.10 “Non-Residential Architectural Standards” as it relates to screening, architectural features, and the color palette. Relationship to Strategic Goals: ·Good Governance ·Diverse Growing Economy Recommendation(s): This item originated with the 2017 Planning & Zoning (P&Z) Commission Plan- of-Work and is intended to help streamline the development review process and ease non-residential architectural requirements. Summary: A summary of the proposed changes is provided below: •Amendments to Section 2.2 “Planning and Zoning Commission”and Section 2.8 “Administrator” include the removal of authority in reference to the color palette •Amendments to Section 5.8 “Design Districts”and Section 5.10 “Overlay Districts”include the removal of references to the color palette •Amendments to Section 7.10 “Non-Residential Architectural Standards” include: o Removal of references to the color palette, o Removal of mechanical screening requirement for all zoning districts other than College Station, TX Printed on 2/15/2018Page 1 of 2 powered by Legistar™ File #:18-0142,Version:1 Suburban Commercial and Wellborn Commercial; and, o Add architectural relief options. Budget & Financial Summary: N/A Attachments: 1.UDO Article 2 - Redlined 2.UDO Article 5 - Redlined 3.UDO Article 7 - Redlined 4. Ordinance College Station, TX Printed on 2/15/2018Page 2 of 2 powered by Legistar™  Sec. 2.2. - Planning and Zoning Commission. A. Creation. The City Council shall provide for the appointment of a Planning and Zoning Commission and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. B. Membership and Terms. 1. Number, Appointment. A Planning and Zoning Commission is hereby created to consist of seven (7) members. Members shall be residents of the City and eligible voters. Additionally, one (1) or more ad hoc members may be appointed as needed or desired to review impact fee land use assumptions and capital improvements plans and to perform such other duties in accordance with Chapter 395 of the Texas Local Government Code. 2. Terms. Terms of members of the Planning and Zoning Commission shall be for two (2) years or until their succe ssors are appointed. Four (4) members shall be appointed in even - numbered years and three (3) members shall be appointed in odd -numbered years. 3. Term Limits. Terms of office shall be limited to three (3) consecutive two -year terms or seven (7) consecutive years. 4. Vacancies. Vacancies shall be filled by the City Council for the unexpired term of any member whose position becomes vacant. C. Officers, Meetings, Quorum. 1. Officers. A Chairperson shall be appointed annually by the City Council. The Planning and Zoning Commission shall select a Vice -Chair from among its members as needed. 2. Meetings. Members of the Planning and Zoning Commission shall meet regularly and the Chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum. Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the City Council without a majority of positive votes from those members present shall be deemed a negative report. 4. Rules of Proceeding. The Planning and Zoning Commission shall adopt its own rules of procedure. 5. Minutes. The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. D. Powers and Duties. The Planning and Zoning Commission shall have the following powers and duties: 1. Comprehensive Plan. The Planning and Zoning Commission shall make recommendations for the effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan. 2. Recommendations. The Planning and Zoning Commission shall revie w and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following: a. Conditional use permits; b. Zoning map amendments (rezoning); c. Concept Plans for Planned Development Districts (PDD) a nd Planned Mixed-Use Districts (P -MUD); d. Text amendments; e. Comprehensive Plan amendments; f. Impact fee land use decisions; g. Capital Improvement Plan (CIP) priorities; h. Annexations; and i. Petitions to form a Municipal Utility District. 3. Final Action. The P lanning and Zoning Commission shall hear and take final action on the following: a. Applicable appeals of decisions of the Design Review Board; b. Preliminary plans, final plats, replats, development plats, and minor plats not approved by staff as set forth in the Plat Review Section in Chapter 12, Article 3 of this UDO; c. Waivers of the standards in Chapter 12, Article 8, Subdivision Design and Improvements; d. Development exaction appeal; e. Appeal of the Administrator's denial of a final minor or amending plat; f. Appeal of the Administrator's determination regarding applicability of plat requirements; g. Appeal of the Administrator's denial to amend the colorpalette for Northgate roof color; h. Appeal of the Administrator's denial of an alternative parking plan; and i. Appeal of the Administrator's interpretation of the provisions of Chapter 12, Article 8, Subdivision Design and Improvements. Per Ordinance No. 2011 -3308 (January 13, 2011)  Sec. 2.8 – Administrator. A. Designation. The City Manager shall designate the Administrator for the City of College Station. Where this UDO assigns a responsibility, power, or duty to the Administrator, the Administrator may delegate that responsibility, power, or duty to any other agent or emplo yee of the City whom the Administrator may reasonably determine. B. Powers and Duties. The Administrator shall have the following powers and duties: 1. Administration and Enforcement. The Administrator shall administer and enforce the provisions of this UDO. 2. Interpretation. The Administrator is responsible for interpreting the provisions of this UDO. The Administrator shall make written interpretations of this UDO when requested, setting forth the reasons and explanation therefore. 3. Building Permits. The Administrator shall review and certify that the proposed construction, moving, alteration, or use of the land either does or does not comply with the provisions of this UDO prior to issuance of a Building Permit by the Building Official. 4. Final Action. The Administrator shall review and take final action on the following: a. Sign permits; b. Site plans (not Wolf Pen Creek District site plans); c.b. Architectural reviews; d.c. Administrative adjustments; e.d. Minor and amending plats; f.e. Determination of building plot (Section 7.2, General Provisions); g. Minor Wolf Pen Creek District projects; h.f. Amendments to the color palette for Northgate roof color; i.g. Certificate of Appropriateness Routine Maintenance Work reviews; j.h. Determination regarding applicability of plat requirements; and k.i. Alternative parking plans (Section 7.3, Off-Street Parking). Per Ordinance No. 2011 -3308 (January 13, 2011) 5. Other Duties. a. The Administrator, or his designee, shall serve as the Historic Preservation Officer (HPO) for the City of College Station. As such, the HPO shall serve as a representative of the Landmark Commission and shall be responsible for coordinating the Landmark C ommission's preservation activities with the Historic Preservation Advisory Committee, those of state and federal agencies, and with local, state, and national nonprofit preservation organizations. b. The Administrator shall perform other duties imposed unde r the provisions of the City of College Station Code of Ordinances, as amended from time -to- time. c. The Administrator shall administer and enforce the regulations of the Easterwood Field Airport Zoning Ordinance. (Ord. No. 2012-3449 , Pt. 1(Exh. B), 9-27-2012; Ord. No. 2013-3471 , Pt. 1(Exh. A), 1-10-2013; Ord. No. 2015-3663 , Pt. 1(Exh. B), 5-28-2015) 1. 5.8.B.4.f Exterior Building Colors. 1. Building colors shall be neutral and harmonious with the existing man -made or natural environment, and only compatible accent colors shall be used. All colors shall be approved by the Administrator. 1. Building and roof color requirements apply to all new buildings, redeveloped buildings, and façade work. 2. All building façades shall consist of only colorpalette maintained in the Office of the Administrator. All other colors shall be considered accentcolorsand may be used on no more than ten (10) percent of each façade. No more than two (2) accent colors may be used on each façade. 3. Except for flat roofs, all roofs shall consist of only colors from the color palette for Northgate roof color approved by the City Council and as amended and maintained in the Office of the Administrator. No more than one (1) color may be used on a roof when visible. Color shall not be regulated when the roof is flat. 4. Existing buildings may continue to utilize colors that are not from the approved palette provided that repainting is done for maintenance purposes only and the existing color is continued. Any color change on existing buildings shall be brought into compliance with this ordinance and color samples shall be submitted as provided herein. 5.2. Metallic (except copper and silver metallic -colored roofs) and fluorescent colors are prohibited on any façade or roof. 6.3. When applying brick, colors normally found in manufactured fired brick are permitted. A ll colors of natural stone are permitted. 7.4. Color samples shall be submitted for approval to the Office of the Administrator. 2. Canopies/Awnings. 1. Canopies/awnings shall not completely obstruct any window. Transom windows may be located under canopies/awnings. 2. Canopies/awnings are considered part of the building façade and are subject to the color requirements as specified above. AA maximum of one (1) color shall be used for all canopies/awnings on a single building façade (excluding business logo). 3. Canopies/awnings shall consist of cloth, canvas, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated) and shall be maintained in good repair. Canopies/awnings that are used to meet the required building setback shall no t be cloth or canvas, but shall be a permanent structure integrated into the building's architecture, consisting of materials similar to that of the rest of the building. 4. Canopies/awnings located over the public right -of-way shall require a Private Improvement in the Public Right-of-Way agreement (PIP) in addition to the necessary Building Permit. 5.10. - Overlay Districts. In the event that an area is rezoned to apply overlay district provisions, this district shall apply to all multi-family, commercial and industrial property, and where applicable, to single -family, duplex or townhouse development. The underlying district e stablishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underlying use and site restrictions. A. Corridor Overlay (OV) District. This district is established to enhance the image of gateways and key entry points, major corridors, and other areas of concern, as determined by the City Council, by maintaining a sense of openness and continuity. The following supplemental standards shall apply to this district: 1. Setbacks. All buildings will be set back forty (40) feet from the right -of-way. Where parking is located in the front of the building, there shall be a front setback of twenty (20) feet from the right-of-way to the parking area and all drive aisles. 2. Signs. a. Signs shall utilize only colors not expressly prohibited by the City of College Station Unified Development Ordinance. Per Ordinance No. 2011 -3340 (April 28, 2011) b. Freestanding signs shall be limited to the restrictions of the signs section of the General Development Standards article of this UDO, but shall not exceed the height of the building. 3. Building Colors. Building colors shall be neutral and harmonious with the existing man -made or natural environment, and only compatible accent colors shall be used. All colors shall be approved by the Administrator. The applicant must provide elevation drawings and colors samples. 5.8.B 14 Waivers. The Design Review Board (DRB) shall review requests for deviations from the standards of the Northgate Districts section of this UDO as listed below. The DRB shall approve waivers found to meet the intent of the standards of the Northgate Districts section of this UDO and the Northgate Redevelopment Implementation Plan. Financial hardship may not be considered in the review or determination of a waiver proposal. DRB review and waiver approval shall be limited to the following items: a. Relief from the building design standards for historic properties if the proposed building improvements or additions generally conform to the section of this Ordinance addressing Building Design Considerations for Historic Properties —Standards for the Northgate zoning districts, and if the property building improvements or additions generally preserve the historical appearance and architectural character of the building. b. Relief from specific requirements related to building orientation and access for the improvement of existing buildings if it can be proven by the applicant shows that inherent site characteristics constrain the proposed project from meeting the requirement(s) herein. Relief shall not be considered for building expansions or additions. c. Alternatives to the requirements related to building orientation and access when physical characteristics limit the site or provide for unique orientation and access opportunities. d. A reduction in the percentage of required building transparency for the rehabilitation of existing buildings if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the requirements herein. e. Alternatives to the requirements related to building transparency for new construction if the alternatives substantially provide the same visual interest for the pedestrian. f. Alternate architectural features to meet the requirements related to architectural relief when the proposed architectural details substantially provide a level of uniqueness to the building at the pedestrian scale. g. Along non-primary entrance façades that do not abut a right -of-way and that require design elements, murals may be considered by the Design Review Board to meet the two -design element requirement. Mural topics may include architecture and/or Texas A&M University. Murals may not contain copy or logo advertising any business. h. Substitutions of building materials for buildings if the applicant shows that: 1. The building material is a new or innovative material manufactured tha t has not been previously available to the market or the material is not listed as an allowed or prohibited material herein and the material is similar and comparable in quality and appearance to the materials allowed in the Exterior Building Materials sec tion of this Ordinance for the Northgate zoning districts or 2. The material is an integral part of a themed building (example 50's diner in chrome). 3. No variance shall be granted to minimum building material requirements specified for buildings ten thousand (10,000) square feet or greater in area or for building plots with a cumulative structure square footage of ten thousand (10,000) square feet or greater. i. Alternative materials on façade work that does not involve an expansion of an existing building as defined in the Nonconformities section of the UDO or constitute redevelopment if the applicant shows that: 1. The materials allowed in the Exterior Building Materials section of this Ordinance for the Northgate zoning districts cannot be utilized without a st ructural alteration(s) to the existing building and 2. A licensed professional engineer or architect verifies in writing that a structural alteration is required to apply the permitted façade materials to the building j. An increase in the percentage of accent color that may be used on a façade, not to exceed a total of twenty (20) percent of the façade. k. An increase in the number of accent colors used on a façade when the additional colors are analogous to the two (2) original accent colors (adjacent to the original accent colors on the color wheel). l.j. Alternatives to the requirements related to surface area parking lots. Alternatives must separate the parking areas so that no more than sixty (60) parking spaces are located in the same vicinity without substantia l visual separation from additional parking spaces. m.k. A decrease in parking requirements for residential uses provided that the applicant submits a parking study that supports the decrease based on reasonable assumptions of parking availability. Unless shared or off-site parking is provided as allowed in the Alternative Parking Plans section of the General Development Standards article of this UDO, in no case shall the DRB permit a reduction in the number of required spaces: 1. To less than the number recommen ded within the parking study, or 2. To more than a fifty (50) percent reduction in the amount of parking required for residential uses by the Number of Off -Street Parking Spaces Required section of this UDO. n.l. An increase in the distance requirement for shared and/or off-site parking when the shared or off-site parking is provided in a parking garage. o.m. Relief from the sidewalk width standard when bringing an existing sidewalk up to current standard where existing physical conditions prohibit the sidewalk expan sion. p.n. Alternatives to the Landscape and Streetscape Standards for projects utilizing an existing structure(s) if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the requirements herein. q.o. Relief from the two-story requirement for casual and fine dining restaurants (not "fast food") and theaters in NG -2 if all façades are a minimum of twenty-five (25) feet in height and all façades give the appearance of a two -story structure as determined by t he Design Review Board. r.p. Relief from the minimum height requirement in NG -1 and NG-2 for an existing structure undergoing only façade rehabilitation if the applicant shows that inherent site characteristics constrain the proposed project from meeting the r equirement(s) herein. Relief shall not be considered for building expansions or additions. a. Sec. 12-7.10. - Non-Residential Architectural Standards. A. Purpose The intent of the design standards provided in and related to this section are to: 1. Protect and enhance the character and quality of non-residential buildings and associated site elements in the interest of the general welfare of the City; 2. Establish minimum design parameters for the appearance of non -residential buildings including heightened standards for more visible and prominent areas of the community; 3. Not limit architectural creativity or prescribe a specific architectural style; and 4. Provide a balance between the community's economic and aesthetic concerns. B. Applicability Except as expressly set forth otherwise herein, the design standards of this section shall apply to development, redevelopment, and façade changes to all non -residential buildings including single tenant buildings, multiple tenant buildings, and any groupi ng of attached or stand-alone buildings and associated pad sites. The portions of structures containing non -residential uses located in the MF Multi -Family zoning district shall comply with the Non -Residential design standards of this section. The following are exempt from this section of the UDO as defined below: 1. BP Business Park. Any building located within BP Business Park districts is required to comply with this section if it is along the periphery of the zoning district. All other interior buildings located within BP Business Park districts are exempt from this section. 2. Districts. Uses located within the following districts are exempt from this section: BPI Business Park Industrial, M -1 Light Industrial, M -2 Heavy Industrial, R&D Research & Development, NG-1 Core Northgate, NG-2 Transitional Northgate, and NG -3 Residential Northgate. 3. Uses. The following uses are exempt from this section: Churches; Primary & Secondary Educational Facilities; Municipal Industrial facilities; and private utili ty buildings that are screened from public or private rights -of-way and adjacent properties. 3.4. Types of Structures. The following structures must adhere to Building Colors but are exempt from the other provisions of this section: Freestanding structures su ch as pavilions, canopies, gazebos, ATM machines, etc. that are unenclosed buildings and do not have walls. Unenclosed structures that are attached or functionally appear part of an enclosed building are to be integrated with and meet the requirements asso ciated with the building C. Standards for Non-Residential Structures. 1. Façade Terms. a. Primary Façade. A façade is considered to be a "primary façade" when it is the primary entrance façade of a primary building (not accessory buildings) or when any façade of a primary building is facing a public right -of-way, private right-of-way, or public way. b. Facing. A façade is considered facing a public right -of-way, private right-of-way, or public way when an imaginary plane could be extended unobstructed by a wall or structure in the building plot from at least 25% of the façade into the public right -of- way, private right-of-way, or public way adjacent to the building plot, as illustrated below. c. Visible. The term visible is used in application of this section. A side o r rear façade of a building shall not be considered visible from a public right -of-way or public way if it is located more than four -hundred (400) feet away. 2. Required Screening. For all properties zoned SC Suburban Commercial and WC Wellborn Commercial, the following screening requirements apply: a. All mechanical equipment shall be screened from view or located so as not to be visible from any public right-of-way, public way, or residential district when viewed within one hundred fifty (150) feet of the perimeter boundary of the subject lot or tract, measured from a height five (5) feet above grade. Such screening shall be coordinated with the building architecture, materials, colors and scale to maintain a unified appearance. Acceptable methods of screening are: encasement, parapet walls, partition screens, brick/stone/masonry walls or fences. Electrical panel boxes attached to the side of a building that are painted to match the building color do not require additional screening. b. In SC Suburban Commercial and WC Wellborn Commercial, r Roof-mounted mechanical equipment shall be screened from any right -of-way, public way, or adjacent property by either the roof itself (including within a cut -out) or by a false roof element (i.e. chimney, cupola). Components of a mechanical equipment system , such as vents or exhaust pipes, protruding from the roof that are no larger than twelve (12) inches in diameter nor exceeding the height of the roof line are not required to be screened, but must be painted to match the roof color. 3. Building Mass and Design. a. Horizontal Façade Articulation . 1. Façade articulation (wall plane projections or recessions) is required on the first two (2) stories of any primary façade that exceeds two -hundred (200) feet in horizontal length. No more than thirty-three (33) percent of any primary façade shall be on the same continuous geometric plane. Wall plane projections or recessions shall have a minimum depth of four (4) feet. 2. For all properties zoned SC Suburban Commercial: For buildings over eight thousand (8,000) square feet, primary façades shall have articul ation of minimum four-foot (4) depth within each fifty-foot (50) section of façade. 3. For all properties zoned MU Mixed -Use: The vertical wall plane of any façade visible from a public right-of-way, street, or public way shall project and/or recess by a minimum of two (2) feet so that no more than sixty -six (66) percent of the façade is on the same plane. b. Building Entry Design. 1. In order to provide a sense of arrival and shelter, public building entrances are to feature a protected entry through the use of an awning, canopy, porte -cochere, recessed entry or other similar architectural element. 2. Buildings that have multiple ground floor tenants or multiple primary building entrances shall have all entrances treated architecturally. 3. For all properties zoned WC Wellborn Commercial, the following additional standards shall apply: a. All buildings shall be required to provide a covered front porch along the full length of the public entry façade, projecting a minimum four (4) feet from the face of the building. b. All buildings that have frontage on Wellborn Road and/or Live Oak Street, shall have a public entry facing both rights -of-way. c. In cases where more than two facades require a public entrance, the administrator may determine which two facades require entrances. c. Architectural Relief. 1. In order to provide visual interest, the first two (2) stories of any primary façade or façade visible from a public right-of-way or public way shall use at least one (1) architectural relief element for every twenty -five (25) horizontal feet, or part thereof, of façade length. 2. Façades requiring architectural relief shall provide a minimum of two (2) different types of relief elements per façade. 3. To avoid monotony, no more than one -half (½) of the required minimum number of elements on a façade may consist of the same type of relief element. 4. The design elements may be grouped or spaced as needed along the façade, though in no case shall more than seventy-five (75) feet of continuous horizontal length be void of a relief element. 5. Design elements used to meet architectural relief must have a functional architectural purpose such as awnings may not be located over faux windows or a wall area that does not have an opening. 6. A relief element counted to meet the requirement of one (1) façade may not also be counted toward another façade. 7. Architectural relief is not required for façades, or parts of a façade, that are within fifteen (15) feet of another building that screens the façade. 8. Accessory buildings to a primary use, where eac h façade is equal to or less than twenty-five (25) horizontal feet in length or the perimeter of all façades is less than one hundred (100) horizontal feet in length, and where each façade incorporates the same building materials and colors as the primary structure, are not required to provide architectural relief elements. 9. Architectural relief elements may be added to a non -conforming façade of an existing building subject to the following limitation: if more than fifty (50) percent of the required number of elements on a façade are added, removed, or altered, including on a cumulative basis, the façade must be brought into compliance for architectural relief. 10. Qualifying Architectural Relief Elements . 9. a. For all applicable properties other than those located in SC Suburban Commercial, WC Wellborn Commercial, and MU Mixed -Use districts, the following types of architectural relief may be utilized to meet the requirements of this section: a.1. Canopies, permanent decorative awnings, or windows accompanied by overhangs that exceed eighteen (18) inches; b.2. Wall plane projections or recessions with a minimum of four -foot depth; c.3. Pilasters that project from a wall at least four (4) inches or columns; d.4. Roofline articulation as described below may count as one (1) element for a façade if it is used on a façade where the articulation is not already required; e.5. A well-defined cornice or other architectural termination to visually cap the building along a parapet may count as one (1) element for a façade if it is used on a façade where this feature is not already required; f.6. Recessed entries, stoops, porches, or arcades; g.7. Balconies that extend from the building; h.8. Boxed or bay windows; or 9. Decorative stormwater management initiatives physically integrated with the building, as approved by the Administrator ; or. i.10. Other architectural relief elements nthat provide a visual interest to the affected façade and are of a physical scale to possess an architectural significance may be approved by the Administrator. 10. b. For all properties zoned SC Suburban Commercial and WC Wellborn Commercial, the following types of architectural relief may be utilized to meet the requirements of this section: a.1. Decorative or functional window shutters; b.2. Covered front porch extending along at least fifty (50) percent of building façade and projecting a minimum of four (4) feet from the face of the building, if used on a façade where this feature is not already required; c.3. Eaves in excess of eighteen (18) inches, if used on a façade that does not have a covered front porch; d.4. Window planter boxes; e.5. Window canopy; f.6. Dormers; g.7. Transom windows; h.8. Decorative façade lighting; i.9. Chimneys or cupolas; j.10. Cross gables; k.11. Entry Portico; or 12. Horizontal articulation with a minimum depth of four (4) feet for WC Wellborn Commercial only; or. l.13. Other architectural relief elements that provide a visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. 11. c. For all properties zoned MU Mixed -Use, the following types of architectural relief may be utilized to meet the requirements of this section: a.1. Canopies or permanent decorative awnings; b.2. Wall plane projections or recessions with a minimum of four -foot depth; c.3. Pilasters that project from a wall at least four (4) inches or columns; d.4. Recessed entries, stoops, porches, or arcades; e.5. Balconies that extend from the building; f.6. Boxed or bay/oriel windows; g.7. Hood/drip molding over windows; h.8. Cornices, corbelling, quoining, or stringcourses; i.9. Decorative or functional window shutters; j.10. Window planter boxes; k.11. Transom windows; l.12. Decorative façade lighting; or m.13. Chimneys or cupolas ; or. 14. Other architectural relief elements that provide a visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. d. Other Mass and Design Requirements. 1. For all properties zoned SC Suburban Commercial: Gross Floor Area of a single structure shall not exceed fifteen thousand (15,000) square feet in area. 2. For all properties zoned WC Wellborn Commercial: Gross Floor Area of a single structure shall not exce ed ten thousand (10,000) square feet in area. 3. For all properties zoned MU Mixed -Use: a. The ground-floor shall have a minimum floor-to-ceiling height of twelve (12) feet. b. The commercial portions of any façade facing a public right -of-way, street, or public way shall be at least thirty (30) percent transparent between zero (0) feet and eight (8) feet above ground level. c. Public entry is required on all façades facing a public right -of-way, street, or public way. In the event that more than two (2) façade s require a public entrance, the Administrator may determine which two (2) façades require entrances. The Administrator may also forward the question to the Design Review Board for any reason. d. Loading docks, overhead doors and service entries shall not be located on a façade facing a public right-of-way, street, or public way. In the case that more than two (2) façades face a public right -of-way, street, or public way, the Administrator shall determine the most appropriate façade for such activities. e. Roof and Roofline Design . 1. On buildings three (3) stories or less, the horizontal line of a flat roof or parapet along a primary entrance façade, along any façade facing a public right -of-way of a street classified as a minor arterial or greater on the Thoroughfare Plan, and on all façades visible from a public right -of-way for properties that are zoned MU Mixed Use, shall vary by a minimum of two (2) feet up or down so that no more than sixty-six (66) percent of the roofline is on the same elevation, as represented below. 2. For all rooflines that are required to articulate as described above, the parapet roof line shall feature a well-defined cornice or other architectural termination to visually cap the building along the roofline. 3. For all properties zoned SC Suburban Commercial and WC Wellborn Commercial: Roofs shall be similar to residential roof types. Flat roofs are not permitted. Shed roofs are only permitted as part of a peaked roof network. A peaked parapet is permitted if it gives the appearance of a pitched roof fr om all sides. Roof slope must be a maximum of 8:12 and a minimum of 4:12. f. Building Materials. 1. The following minimum amount of fired brick, natural stone, marble, granite, or any concrete product so long as it has an integrated color and is textured or patterned (not aggregate material) to simulate brick, stone, marble, or granite shall be provided: a. A minimum of ten (10) percent on any façade visible from a public right -of- way or public way; b. A minimum of twenty (20) percent on primary entrance façades (single or multiple tenant building) that exceed two -hundred (200) feet in horizontal length; c. A minimum of twenty (20) percent on any façade facing a public right -of-way of a street classified as a major collector on the Thoroughfare Plan; and d. A minimum of thirty (30) percent on any façade facing a public right -of-way of a street classified as a minor arterial or greater on the Thoroughfare Plan. 2. The following building materials are allowed on all façades subject to the following limitations: a. Stucco, EIFS, high build textured paint on concrete to simulate the appearance of stucco, split-face concrete masonry that does not simulate brick or stone, fiber cement siding, reflective glass, or any material equivalent in appearance and quality as dete rmined by the Design Review Board, shall not cover more than seventy -five (75) percent of any façade. b. Wood or cedar siding, stainless steel, chrome, standing seam metal, premium grade architectural metal, or architecturally finished metal panels (not corrugated metal) shall not cover more than thirty (30) percent of any façade. c. Tile or smooth face, tinted concrete blocks shall only be used as an accent and shall not cover more than ten (10) percent of any façade. d. Painted metal panel siding is allowed wit hout limitation on a rear façade of a building when the façade is not visible from a right -of-way, parkland, greenway, or any residential area. e. Metal, standing seam metal, architectural metal or steel may be used as a roof and or canopy/awnings with no limitation on percentage. f. In WC Wellborn Commercial wood or cedar siding shall be allowed but not cover more than seventy-five (75) percent of any façade and reflective glass shall not cover more than thirty (30) percent of any façade. 3. When determining th e area of a façade, doors, windows, and other openings are included and roof area is not included. 4. Existing buildings may continue to utilize materials other than those listed provided that any material replacement is for maintenance purposes only and the existing material is continued. Any material change or replacement of more than ten (10) percent of the total area of a façade, including on a cumulative basis, shall require that all building materials and color be brought into compliance on that façade. 5. All architectural submittals shall provide elevation drawings for each façade and a material legend (see sample below) for each façade. SAMPLE LEGEND USE OF MATERIALS ON FAÇADE 'A' Total Square Footage of Façade 'A': 10,000 s.f. Material Area in Square Feet Percent of Overall Façade Stucco 2,000 s.f. 20% Brick 5,000 s.f. 50% Doors and Windows 3,000 s.f. 30% D. Alternative Compliance Permitted. The Design Review Board (DRB) may authorize variation to the overall requirements of the Non - Residential Architectural Standards through application from a licensed architect for an alternative compliance approval that would allow innovative or visually in teresting design or to address unique circumstances not otherwise permitted through strict adherence to this section. Such requests must show reasonable evidence that the purposes of the requirements as set forth in this section were maintained and the add itional design flexibility afforded does not provide a means to permit design of lesser quality. E. Waivers and Appeals. The Design Review Board (DRB) shall review requests for deviations from the Non -Residential Architectural Standards. The DRB shall app rove waivers or appeals found meeting the intent and general purposes of the standards as it is recognized that unique and unforeseen design circumstances exist in application of the standards. Financial hardship may not be considered in the review or determination of a waiver proposal. DRB may review and grant approval of the following: 1. Substitutions of building materials if the applicant shows that: a. The building material is a new or innovative material manufactured that has not been previously available to the market or the material is not listed as an allowed or prohibited material herein; b. The material is similar and comparable in quality and appearance to the materials allowed in this Section 12-7.10; or c. The material is an integral part of a themed building (example 50s diner in chrome). 2. Alternate colors or materials on each façade if the applicant shows that: a. The applicant is a franchised and/or chain commercial use to be developed as a single detached building (not integrated into a multi -tenant building); b. The proposed colors/materials are part of its c orporate branding; and c. The applicant provides all of the alternative color/materials schemes the chain or franchise has used. 3. Alternative materials on façade work that does not involve an expansion of an existing building as defined in Chapter 12, Article 9 of the UDO or constitute redevelopment if the applicant shows that: a. The materials allowed in this section cannot be utilized without a structural alteration(s) to the existing building; b. A licensed professional engineer or architect verifies in writing that a st ructural alteration is required to apply the permitted façade materials to the building; and c. The DRB may grant a variance of up to one hundred (100) percent from the façade articulation or roofline standards herein if the applicant shows that it is not f inancially or structurally feasible. 4. Alternatives to the options for required screening of mechanical equipment. 5. Alternatives to the design elements available to provide architectural relief. 6. Relief from the building orientation and access for buildings in MU Mixed -Use districts when physical characteristics limit the site or provide unique orientation and access opportunities. 7. Reduction in the percentage of required building transparency for the rehabilitation or expansion of existing buildings in MU Mixed -Use districts if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the transparency requirement. F. Submittal Requirements. When the non-residential architectural standards are applicable, submitted building elevations shall include the following: 1. Scaled building elevations for each façade, depicting the following: a. Required architectural relief and other design elements; and b. Location of building materials. 2. Accurate building footprint(s) and general orientation of the building façades in relation to adjacent rights-of-way, public ways, and properties; 3. Sample building materials and color details as required by the Administrator; and 4. Table of vertical square footage and percentage of building materials for each façade. (Ord. No. 2012-3449 , Pt. 1(Exh. I), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. E), 9-27- 2012; Ord. No. 2014-3624 , Pt. 1(Exh. O), 12-18-2014; Ord. No. 2015-3663 , Pt. 1(Exh. H), 5-28-2015; Ord. No. 2016-3792 , Pt. 1(Exh. E), 7-28-2016) Ordinance Form 8-14-17 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 2, “DEVELOPMENT REVIEW BODIES”, SECTION 2.2 “PLANNING AND ZONING COMMISSION” AND SECTION 2.8 “ADMINISTRATOR”, ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS”, SECTION 5.8 “DESIGN DISTRICTS” AND SECTION 5.10 “OVERLAY DISTRICTS”, AND ARTICLE 7, “GENERAL DEVELOPMENT STANDARDS”, SECTION 7.10 “NON-RESIDENTIAL ARCHITECTURAL STANDARDS”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO THE COLLEGE STATION COLOR PALETTE, ARCHITECTURAL RELIEF ELEMENTS, AND SCREENING REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A, “Unified Development Ordinance,” Article 2, “Development Review Bodies”, Section 2.2 “Planning And Zoning Commission” and Section 2.8 “Administrator”, Article 5, “District Purpose Statements and Supplemental Standards”, Section 5.8 “Design Districts” and Section 5.10 “Overlay Districts”, and Article 7, “General Development Standards”, Section 7.10 “Non-Residential Architectural Standards”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”, Exhibit “D”, Exhibit “E”, Exhibit “F”, Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. ORDINANCE NO. ___________ Page 2 of 21 Ordinance Form 8-14-17 PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. PASSED, ADOPTED and APPROVED this 22nd day of February, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. ___________ Page 3 of 21 Ordinance Form 8-14-17 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 2, “Development Review Bodies”, Section 2, “Planning and Zoning Commission”, Subsection 2.2.D.3 “Final Action”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “3. Final Action. The Planning and Zoning Commission shall hear and take final action on the following: a. Applicable appeals of decisions of the Design Review Board; b. Preliminary plans, final plats, replats, development plats, and minor plats not approved by staff as set forth in the Plat Review Section in Article 3 of this UDO; c. Waivers of the standards in Article 8, Subdivision Design and Improvements; d. Development exaction appeal; e. Appeal of the Administrator's denial of a final minor or amending plat; f. Appeal of the Administrator's determina tion regarding applicability of plat requirements; g. Appeal of the Administrator's denial of an alternative parking plan; and h. Appeal of the Administrator's interpretation of the provisions of Article 8, Subdi vision Design and Improvements.” ORDINANCE NO. ___________ Page 4 of 21 Ordinance Form 8-14-17 Exhibit B That Appendix A, “Unified Development Ordinance,” Article 2, “Development Review Bodies”, Section 2.8, “Administrator”, Subsection 2.8.B.4, “Final Action”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “4. Final Action. The Administrator shall review and take final action on the following: a. Sign permits; b. Architectural reviews; c. Administrative adjustments; d. Minor and amending plats; e. Determination of building plot (Section 7.2, General Provisions); f. Certificate of Appropriateness Routine Maintenance Work reviews; g. Determination regarding applicability of plat requirements; and h. Alternative parking plans (Section 7.3, Off-Street Parking).” ORDINANCE NO. ___________ Page 5 of 21 Ordinance Form 8-14-17 Exhibit C That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards”, Section 5.8, “Design Districts”, Subsection 5.8.B.4.f, “Exterior Building Colors”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “f. Exterior Building Colors. 1. Building colors shall be neutral and harmonious with the existing man -made or natural environment, and only compatible accent colors shall be used. All colors shall be approved by the Administrator. 2. Metallic (except copper and silver metallic -colored roofs) and fluorescent colors are prohibited on any façade or roof. 3. When applying brick, colors normally found in manufactured fired brick are permitted. All colors of natural stone are permitted. 4. Colors samples shall be submitted for approval to the Office of the Administrator.” ORDINANCE NO. ___________ Page 6 of 21 Ordinance Form 8-14-17 Exhibit D That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards”, Section 5.8, “Design Districts”, Subsection 5.8.B.4.g, “Canopies/Awnings”, of the Code of Ordinances of the City of College Station, Texas , is hereby amended to read as follows: “g. Canopies/Awnings. 1. Canopies/awnings shall not completely obstruct any window. Transom windows may be located under canopies/awnings. 2. Canopies/awnings are considered part of the building façade. A maximum of one (1) color shall be used for all canopies/awnings on a single building façade (excluding business logo). 3. Canopies/awnings shall consist of cloth, canvas, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated) and shall be maintained in good repair. Canopies/awnings that are used to meet the required building setback shall no t be cloth or canvas, but shall be a permanent structure integrated into the building's architecture, consisting of materials similar to that of the rest of the building. 4. Canopies/awnings located over the public right -of-way shall require a Private Improvement in the Public Right-of-Way agreement (PIP) in addition to the necessary Building Permit.” ORDINANCE NO. ___________ Page 7 of 21 Ordinance Form 8-14-17 Exhibit E That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards”, Section 5.8, “Design Districts”, Subsection 5.8.B.14, “Waivers”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “14. Waivers. The Design Review Board (DRB) shall review requests for deviations from the standards of the Northgate Districts section of this UDO as listed below. The DRB shall approve waivers found to meet the intent of the standards of the Northgate Districts section of this UDO and the Northgate Redevelopment Implementation Plan. Financial hardship may not be considered in the review or determination of a waiver proposal. DRB review and waiver approval shall be limited to the following items: a. Relief from the building design standards for historic properties if the proposed building improvements or additions generally conform to the section of this Ordinance addressing Building Design Considerations for Historic Properties—Standards for the Northgate zoning districts, and if the property building improvements or additions generally preserve the historical appearance and architectural character of the building. b. Relief from specific requirements related to building orientation and access for the improvement of existing buildings if it can be proven by the applicant shows that inherent site characteristics constrain the proposed project from meeting the requirement(s) herein. Relief shall not be considered for building expansions or additions. c. Alternatives to the requirements related to building orientation and access when physical characteristics limit the site or provide for unique orientation and access opportunities. d. A reduction in the percentage of required building transparency for the rehabilitation of existing buildings if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the requirements herein. e. Alternatives to the requirements related to building transparency for new construction if the alternatives substantially provide the same visual interest for the pedestrian. f. Alternate architectural features to meet the requirements related to architectural relief when the proposed architectural details substantially provide a level of uniqueness to the building at the pedestrian scale. g. Along non-primary entrance façades that do not abut a right-of-way and that require design elements, murals may be considered by the Design Review Board to meet the two -design element requirement. Mural topics may include architecture and/or Texas A&M University. Murals may not contain copy or logo advertising any business. h. Substitutions of building materials for buildings if the applicant shows that: 1. The building material is a new or innovative material manufactured that has not been previously available to the market or the material is not li sted as an allowed or prohibited material herein and the material is similar and comparable in quality and appearance to the materials allowed in the Exterior Building Materials section of this Ordinance for the Northgate zoning districts ; or ORDINANCE NO. ___________ Page 8 of 21 Ordinance Form 8-14-17 2. The material is an integral part of a themed building (example 50's diner in chrome). 3. No variance shall be granted to minimum building material requirements specified for buildings ten thousand (10,000) square feet or greater in area or for building plots with a cumulative structure square footage of ten thousand (10,000) square feet or greater. i. Alternative materials on façade work that does not involve an expansion of an existing building as defined in the Nonconformities section of the UDO or constitute redevelopment if the applicant shows that: 1. The materials allowed in the Exterior Building Materials section of this Ordinance for the Northgate zoning districts cannot be utilized without a structural alteration(s) to the existing building; and 2. A licensed professional engineer or architect verifies in writing that a structural alteration is required to apply the permitted façade materials to the building j. Alternatives to the requirements related to surface area parking lots. Alternatives must separate the parking areas so that no more than sixty (60) parking spaces are located in the same vicinity without substantial visual separation from additional parking spaces. k. A decrease in parking requirements for residential uses provided that the applicant submit s a parking study that supports the decrease based on reasonable assumptions of parking availability. Unless shared or off-site parking is provided as allowed in the Alternative Parking Plans section of the General Development Standards article of this UDO , in no case shall the DRB permit a reduction in the number of required spaces: 1. To less than the number recommended within the parking study, or 2. To more than a fifty (50) percent reduction in the amount of parking required for residential uses by the Number of Off-Street Parking Spaces Required section of this UDO. l. An increase in the distance requirement for shared and/or off -site parking when the shared or off - site parking is provided in a parking garage. m. Relief from the sidewalk width standard when br inging an existing sidewalk up to current standard where existing physical conditions prohibit the sidewalk expansion. n. Alternatives to the Landscape and Streetscape Standards for projects utilizing an existing structure(s) if it can be proven by the appli cant that inherent site characteristics constrain the proposed project from meeting the requirements herein. o. Relief from the two-story requirement for casual and fine dining restaurants (not "fast food") and theaters in NG-2 if all façades are a minimum o f twenty-five (25) feet in height and all façades give the appearance of a two-story structure as determined by the Design Review Board. p. Relief from the minimum height requirement in NG -1 and NG-2 for an existing structure undergoing only façade rehabilit ation if the applicant shows that inherent site characteristics constrain the proposed project from meeting the requirement(s) herein. Relief shall not be considered for building expansions or additions.” ORDINANCE NO. ___________ Page 9 of 21 Ordinance Form 8-14-17 Exhibit F That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards”, Section 5.10, “Overlay Districts”, Subsection 5.10.A.2, “Signs”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “2. Signs. Freestanding signs shall be limited to the restrictions of the signs section of the General Development Standards article of this UDO, but shall not exceed the height of the building.” ORDINANCE NO. ___________ Page 10 of 21 Ordinance Form 8-14-17 Exhibit G That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards”, Section 7.10, “Non-Residential Architectural Standards”, Subsection 7.10.B, “Applicability”, of the Code of Ordinances of the City of College Station, Texas , is hereby amended to read as follows: “B. Applicability Except as expressly set forth otherwise herein, the design standards of this section shall apply to development, redevelopment, and façade changes to all non -residential buildings including single tenant buildings, multiple tenant buildings, and any groupi ng of attached or stand-alone buildings and associated pad sites. The portions of structures containing non -residential uses located in the MF Multi-Family zoning district shall comply with the Non -Residential design standards of this section. The following are exempt from this section of the UDO as defined below: 1. BP Business Park. Any building located within BP Business Park districts is required to comply with this section if it is along the periphery of the zoning district. All other interior buildings located within BP Business Park districts are exempt from this section. 2. Districts. Uses located within the following districts are exempt from this section: BPI Business Park Industrial, M-1 Light Industrial, M-2 Heavy Industrial, R&D Research & Development, NG-1 Core Northgate, NG -2 Transitional Northgate, and NG -3 Residential Northgate. 3. Uses. The following uses are exempt from this section: Churches; Primary & Secondary Educational Facilities; Municipal Industrial facilities; and private util ity buildings that are screened from public or private rights-of-way and adjacent properties. 4. Types of Structures. The following structures are exempt from the provisions of this section: Freestanding structures such as pavilions, canopies, gazebos, ATM machines, etc. that are unenclosed buildings and do not have walls. Unenclosed structures that are attached or functionally appear part of an enclosed building are to be integrated with and meet the requirements associated with the building” ORDINANCE NO. ___________ Page 11 of 21 Ordinance Form 8-14-17 Exhibit H That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards”, Section 7.10, “Non-Residential Architectural Standards”, Subsection 7.10.C, “Standards of Non-Residential Structures”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “C. Standards for Non-Residential Structures. 1. Façade Terms. a. Primary Façade. A façade is considered to be a “primary façade” when it is the primary entrance façade of a primary building (not accessory buildings) or when any façade of a primary building is facing a public right -of-way, private right-of-way, or public way. b. Facing. A façade is considered facing a public right-of-way, private right-of-way, or public way when an imaginary plane could be extended unobstructed by a wall or structure in the building plot from at least 25% of the façade into the public right -of-way, private right-of-way, or public way adjacent to the building plot, as illustrated below. c. Visible. The term visible is used in application of this section. A side or rear façade of a building shall not be considered visible from a public right -of-way or public way if it is located more than four-hundred (400) feet away. 2. Required Screening. For all properties zoned SC Suburban Commercial and WC Wellborn Commercial, the following screening requirements apply: a. All mechanical equipment shall be screened from view or located so as not to be visible from any public right-of-way, public way, or residential district when viewed within one hundred fifty (150) feet of the perimeter boundary of the subject lot or tract, measured from a height five ORDINANCE NO. ___________ Page 12 of 21 Ordinance Form 8-14-17 (5) feet above grade. Such screening shall be coordinated with the building architecture, materials, colors and scale to maintain a unified appearance. Acceptable methods of screening are: encasement, parapet walls, partition s creens, brick/stone/masonry walls or fences. Electrical panel boxes attached to the side of a building that are painted to match the building color do not require additional screening. b. Roof-mounted mechanical equipment shall be screened from any right -of-way, public way, or adjacent property by either the roof itself (including within a cut -out) or by a false roof element (i.e. chimney, cupola). Components of a mechanical equipment system, such as vents or exhaust pipes, protruding from the roof that are n o larger than twelve (12) inches in diameter nor exceeding the height of the roof line are not required to be screened, but must be painted to match the roof color. 3. Building Mass and Design. a. Horizontal Façade Articulation . 1. Façade articulation (wall plane projections or recessions) is required on the first two (2) stories of any primary façade that exceeds two -hundred (200) feet in horizontal length. No more than thirty-three (33) percent of any primary façade shall be on the same continuous geometric plane. Wall plane projections or recessions shall have a minimum depth of four (4) feet. 2. For all properties zoned SC Suburban Commercial: For buildi ngs over eight thousand (8,000) square feet, primary façades shall have articulation of minimum four -foot (4) depth within each fifty-foot (50) section of façade. 3. For all properties zoned MU Mixed -Use: The vertical wall plane of any façade visible from public right-of-way, street, or public way shall project and/or recess by a minimum of two (2) feet so that no more than sixty-six (66) percent of the façade is on t he same plane. b. Building Entry Design. 1. In order to provide a sense of arrival and shelter, public building entrances are to feature a protected entry through the use of an awning, canopy, porte -cochere, recessed entry or other similar architectural element. 2. Buildings that have multiple ground floor tenants or multiple primary building entrances shall have all entrances treated architecturally. 3. For all properties zoned WC Wellborn Commercial, the following additional standards shall apply: a. All buildings shall be required to provide a covered front porch along the full length of the public entry façade, projecting a minimum four (4) feet fro m the face of the building. b. All buildings that have frontage on Wellborn Road and/or Live Oak Street, shall have a public entry facing both rights -of-way. c. In cases where more than two facades require a public entrance, the administrator may determine which two facades require entrances. ORDINANCE NO. ___________ Page 13 of 21 Ordinance Form 8-14-17 c. Architectural Relief. 1. In order to provide visual interest, the first two (2) stories of any primary façade or façade visible from a public right-of-way or public way shall use at least one (1) architectural relief element for every twenty-five (25) horizontal feet, or part thereof, of façade length. 2. Façades requiring architectural relief shall provide a minimum of two (2) different types of relief elements per façade. 3. To avoid monotony, no more than one -half (½) of the required minimum number of elements on a façade may consist of the same type of relief element. 4. The design elements may be grouped or spaced as needed along the façade, though in no case shall more than seventy-five (75) feet of continuous horizontal length be void of a relief element. 5. Design elements used to meet architectural relief must have a functional architectural purpose such as awnings may not be located over faux windows or a wall area that does not have an opening. 6. A relief element counted to meet the requirement of one (1) façade may not also be counted toward another façade. 7. Architectural relief is not required for façades, or parts of a façade, that are within fifteen (15) feet of another building that screens the façade. 8. Accessory buildings to a primary use, where each façade is equal to or less than twenty - five (25) horizontal feet in length or the perimeter of all façades is less than one hundred (100) horizontal feet in length, and where each façade incorporates the sam e building materials and colors as the primary structure, are not required to provide architectural relief elements. 9. Architectural relief elements may be added to a non -conforming façade of an existing building subject to the following limitation: if mo re than fifty (50) percent of the required number of elements on a façade are added, removed, or altered, including on a cumulative basis, the façade must be brought into compl iance for architectural relief. 10. Qualifying Architectural Relief Elements : a. For all applicable properties other than those located in SC Suburban Commercial, WC Wellborn Commercial, and MU Mixed -Use districts, the following types of architectural relief may be utilized to meet the requirements of this section: 1. Canopies, permanent decorative awnings, or windows accompanied by overhangs that exceed eighteen (18) inches; 2. Wall plane projections or recessions with a minimum of four -foot depth; 3. Pilasters that project from a wall at least four (4) inches or columns; 4. Roofline articulation as described below may count as one (1) element for a façade if it is used on a façade where the articulation is not already required; ORDINANCE NO. ___________ Page 14 of 21 Ordinance Form 8-14-17 5. A well-defined cornice or other architectural terminati on to visually cap the building along a parapet may count as one (1) element for a façade if it is used on a façade where this feature is not already required; 6. Recessed entries, stoops, porches, or arcades; 7. Balconies that extend from the building; 8. Boxed or bay windows; 9. Decorative stormwater management initiatives physically integrated with the building, as approved by the Administrator; or 10. Other architectural relief elements that provide a visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. b. For all properties zoned SC Suburban Commercial and WC Wellborn Commercial, the following types of architectural relief may be utilized to mee t the requirements of this section: 1. Decorative or functional window shutters; 2. Covered front porch extending along at least fifty (50) percent of building façade and projecting a minimum of four (4) feet from the face of the building, if used on a façade where this feature is not already required; 3. Eaves in excess of eighteen (18) inches, if used on a façade that does not have a covered front porch; 4. Window planter boxes; 5. Window canopy; 6. Dormers; 7. Transom windows; 8. Decorative façade lighting; 9. Chimneys or cupolas; 10. Cross gables; 11. Entry Portico; 12. Horizontal articulation with a minimum depth of four (4) feet for WC Wellborn Commercial only; or 13. Other architectural relief elements that provide a visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. ORDINANCE NO. ___________ Page 15 of 21 Ordinance Form 8-14-17 c. For all properties zoned MU Mixed -Use, the following types of architectural relief may be utilized to meet the requirements of this section: 1. Canopies or permanent decorative awnings; 2. Wall plane projections or recessions with a minimum of four -foot depth; 3. Pilasters that project from a wall at least four (4) inches or columns; 4. Recessed entries, stoops, porches, or arcades; 5. Balconies that extend from the building; 6. Boxed or bay/oriel windows; 7. Hood/drip molding over windows; 8. Cornices, corbelling, quoining, or stringcourses; 9. Decorative or functional window shutters; 10. Window planter boxes; 11. Transom windows; 12. Decorative façade lighting; 13. Chimneys or cupolas; or 14. Other architectural relief e lements that provide a visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. d. Other Mass and Design Requirements: 1. For all properties zoned SC Suburban Commercial: Gross Floor Area of a single structure shall not exceed fifteen thousand (15,000) square feet in area. 2. For all properties zoned WC Wellborn Commercial: Gross Floor Area of a single structure shall not exceed ten thousand (10,000) square feet in area. 3. For all properties zoned MU Mixed-Use: a. The ground-floor shall have a minimum floor -to-ceiling height of twelve (12) feet. b. The commercial portions of any façade facing a public right -of-way, street, or public way shall be at least thirty (30) percent transparent between zero (0) feet and eight (8) feet above ground level. c. Public entry is required on all façades facing a publ ic right-of-way, street, or public way. In the event that more than two (2) façades require a public entrance, the Administrator may determine which two (2) façades require ORDINANCE NO. ___________ Page 16 of 21 Ordinance Form 8-14-17 entrances. The Administrator may also forward the question to the Design Review Board for any reason. d. Loading docks, overhead doors and service entries shall not be located on a façade facing a public right-of-way, street, or public way. In the case that more than two (2) façades face a public right -of-way, street, or public way, the Administrator shall determine the most appropriate façade for such activities. e. Roof and Roofline Design . 1. On buildings three (3) stories or less, the horizontal line of a flat roof or parapet along a primary entrance façade, along any façade facing a publi c right-of-way of a street classified as a minor arterial or greater on the Thoroughfare Plan, and on all façades visible from a public right-of-way for properties that are zoned MU Mixed Use, shall vary by a minimum of two (2) feet up or down so that no more than sixty-six (66) percent of the roofline is on the same elevation, as represented below. 2. For all rooflines that are required to articulate as described above, the parapet roof line shall feature a well -defined cornice or other architectural termination to visually cap the building along the roofline. 3. For all properties zoned SC Suburban Commercial and WC Wellborn Commercial: Roofs shall be similar to residential roof types. Flat roofs are not permitted. Shed roofs are only permitted as part of a peaked roof network. A peaked parapet is permitted if it gives the appearance of a pitched roo f from all sides. Roof slope must be a maximum of 8:12 and a minimum of 4:12.” 4. Building Materials. a. The following minimum amount of fired brick , natural stone, marble, granite, or any concrete product so long as it has an integrated color and is textured or patterned (not aggregate material) to simulate brick, stone, marble, or granite shall be provided: 1. A minimum of ten (10) percent on any faç ade visible from a public right-of-way or public way; 2. A minimum of twenty (20) percent on primary entrance façades (single or multiple tenant building) that exceed two -hundred (200) feet in horizontal length; ORDINANCE NO. ___________ Page 17 of 21 Ordinance Form 8-14-17 3. A minimum of twenty (20) percent on any faça de facing a public right-of-way of a street classified as a major collector on the Thoroughfare Plan; and 4. A minimum of thirty (30) percent on any façade facing a public right -of-way of a street classified as a minor arterial or greater on the Thoroughfar e Plan. b. Building materials used to meet the minimum material requirements as provided above may not be painted. c. The following building materials are allowed on all façades subject to the following limitations: 1. Stucco, EIFS, high build textured paint on concrete to simulate the appearance of stucco, split-face concrete masonry that does not simulate brick or stone, fiber cement siding, reflective glass, or any material equivalent in appearance and quality as dete rmined by the Design Review Board, shall not cover more than seventy -five (75) percent of any façade. 2. Wood or cedar siding, stainless steel, chrome, standing seam metal, premium grade architectural metal, or architecturally finished metal panels (not cor rugated metal) shall not cover more than thirty (30) percent of any façade. 3. Tile or smooth face, tinted concrete blocks shall only be used as an accent and shall not cover more than ten (10) percent of any façade. 4. Painted metal panel siding is allowed without limitation on a rear façade of a building when the façade is not visible from a right -of-way, parkland, greenway, or any residential area. 5. Galvanized steel and painted steel are allowed on doors, including roll -up doors. 6. Metal, standing seam metal, architectural metal or steel may be used as a roof and or canopy/awnings with no limitation on percentage. 7. In WC Wellborn Commercial wood or cedar siding shall be allowed but not cover more than seventy-five (75) percent of any façade and reflective glass shall not cover more than thirty (30) percent of any façade. d. When determining the area of a façade, doors, windows, and other openings are included and roof area is not included. e. Existing buildings may continue to utilize materials other than those listed provided that any material replacement is for maintenance purposes only and the existing material is continued. Any material change or replacement of more than ten (10) percent of the total area of a façade, including on a cumulative basis, shall require that all building materials be brought into compliance on that façade. f. All architectural submittals shall provide elevation drawings for each façade and a material legend (see sample below) for each façade. ORDINANCE NO. ___________ Page 18 of 21 Ordinance Form 8-14-17 SAMPLE LEGEND USE OF MATERIALS ON FAÇADE ‘A’ Total Square Footage of Façade ‘A’: 10,000 s.f. Materials Façade Area in Square Feet Percent of Facade Stucco 2,000 s.f. 20% Brick 5,000 s.f. 50% Doors and Windows 3,000 s.f. 30% ORDINANCE NO. ___________ Page 19 of 21 Ordinance Form 8-14-17 Exhibit I That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards”, Section 7.10, “Non-Residential Architectural Standards”, Subsection 7.10.E, “Waivers and Appeals”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “E. Waivers and Appeals. The Design Review Board (DRB) shall review requests for deviations from the Non -Residential Architectural Standards. The DRB shall approve waivers or appeals found meeting the intent and general purposes of the standards as it is recognized that unique and unforeseen design circumstances exist in application of the standards. Financial hardship may not be considered in the review or determination of a waiver proposal. DRB may review and grant approval of the following: 1. Substitutions of building materials if the applicant shows that: a. The building material is a new or innovative material manufactured that has not been previously available to the market or the material is not listed as an allowed or prohibited material herein; b. The material is similar and comparable in quality and appearance to the materials allowed in this Section 7.10; or c. The material is an integral part of a themed building (example 50 ’s diner in chrome). 2. Alternate materials on each façade if the applicant shows that: a. The applicant is a franchised and/or chain commercial use to be developed as a single detached building (not integrated into a multi -tenant building); b. The proposed materials are part of its corporate branding; and c. The applicant provides all of the alternative materials schemes the chain or franchise has used. 3. Alternative materials on façade work that does not involve an expansion of an existing building as defined in Article 9 of the UDO or constitute redevelopment if the applicant shows that: a. The materials allowed in this section cannot be utilized without a structural alteration(s) to the existing building; b. A licensed professional engineer or architect verifies in writing that a structural alteration is required to apply the permitted façade materials to the building; a nd c. The DRB may grant a variance of up to one hundred (100) percent from the façade articulation or roofline standards herein if the applicant shows that it is not financially or structurally feasible. 4. Alternatives to the options for required screening of mechanical equipment. ORDINANCE NO. ___________ Page 20 of 21 Ordinance Form 8-14-17 5. Alternatives to the design elements available to provide architectural relief. 6. Relief from the building orientation and access for buildings in MU Mixed -Use districts when physical characteristics limit the site or provide uniq ue orientation and access opportunities. 7. Reduction in the percentage of required building transparency for the rehabilitation or expansion of existing buildings in MU Mixed -Use districts if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the transparency requirement.” ORDINANCE NO. ___________ Page 21 of 21 Ordinance Form 8-14-17 Exhibit J That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards”, Section 7.10, “Non-Residential Architectural Standards”, Subsection 7.10.F, “Submittal Requirements”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “F. Submittal Requirements. When the non-residential architectural standards are applicable, submitted building elevations shall include the following: 1. Scaled building elevations for each façade, depicting the following: a. Required architectural relief and other design elements; and b. Location of building materials. 2. Accurate building footprint(s) and general orientation of the building façades in relation to adjacent rights-of-way, public ways, and properties; 3. Sample building material details as required by the Administrator; and 4. Table of vertical square footage and percentage of building materials for each façade.”