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HomeMy WebLinkAbout1998-2297 - Ordinance - 01/07/1998 ORDINANCE NO. 2297 AN ORDINANCE AMENDING ORDINANCE 1638, THE ZONING ORDINANCE FOR THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION 7.25 PLANNED DEVELOPMENT DISTRICTS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIl OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance 1638, The Zoning Ordinance for the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3' That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days at, er its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PART 4: This ordinance shall expire and become null and void on January 7, 2001. PASSED, ADOPTED and APPROVED this 7 th day of Sanuary, 1998. ATTEST: O~NN~i~ He~~tary APPROVED: - ~ LYNN MclLHANF__~, Mayor "O"dev-serv"jane"PDDIST.doc" EXI4mlT A PDD - PLANNED DEVELOPMENT DISTRICT 7.25 DISTRICT PDD PLANNED DEVELOPMENT A. PURPOSE: The Planned Development Districts (PDD) accommodate proposals for the same or similar uses to be developed as integrated units such as offices, commercial or service centers, shopping centers, industrial uses, residential developments or proposals where any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PDD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this ordinance. It may also be used to permit developments that existing districts do not easily accommodate. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. The PDDs are appropriate in areas where the land use plan reflects either the specific uses proposed in the PDD or where the land use plan reflects mixed use as a land use category. B. PERMITTED USES: Any use or combination of uses authorized by the Planning and Zoning Commission and City Council is permitted in a Planned Development District if the use is consistent with the following categories: Planned Development District- Housing (PDD-H) - Any use permitted in the residential zoning districts is permitted in a PDD-H development excluding uses listed below. Planned Development District - Business (PDD-B) - Any use permitted in the office and commercial zoning districts is permitted in a PDD-B development, excluding uses listed below. Planned Development District - Industrial (PDD-I) - Any use permitted in the R&D or industrial zoning district is permitted in a PDD-I development, excluding uses listed below. Planned Development District- Mixed Use (PDD-M) - Any combination of uses permitted in the residential, office, commercial or industrial zoning districts are permitted in a PDD-M development, excluding uses listed below. PROHIBITED USES: The following uses are not allowed in any PD District: Sexually Oriented Enterprises Mobile or Manufactured Housing PLANNED DEVELOPMENT REQUIREMENTS Requests for a PDD designation shall be processed as a rezoning request and shall follow the procedures stated in Section 17 of this ordinance unless otherwise specified in this section. A development plan for the proposed PDD shall be required that shows the location of the planned development and the relationship of the various land uses included in the development. The form and content of the development plan shall be in sufficient detail to enable the Planning and Zoning Commission to evaluate the proposal and ascertain that it meets the following: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area. 2. The proposal is in conformity with the policies and goals and objectives of the Comprehensive Plan including all its elements and will be consistent with the intent and purpose of this section. e The proposal will not adversely affect adjacent development. 4. Every dwelling unit has access to a public street directly or via a court, walkway or other public area or area owned by an home owners association, but need not front on a public street. 5. The provisions for parking spaces for all uses will be as established in Section 9 of this ordinance. Alternative parking standards may be allowed where the applicant provides evidence showing the alternative is acceptable to the City and meets the intent of Section 9. Development requirements for each separate PD District shall be included as a part of the development plan for each PD District and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate. The preparation of preliminary and final plats for the development shall be prepared in accordance with the provisions of the Subdivision Regulations and with any modifications approved by the Planning and Zoning Commission or City Council on the development plan. The preparation of site plans for the development shall be in accordance with the provisions of the Zoning Ordinance and with any modifications approved by the Planning & Zoning Commission or City Council. The PD District shall be designated as a zoning district on the City Zoning Map once Council approves the PDD. The Ordinance granting a PD District shall include a statement as to the purpose and intent of the planned development granted therein. All specific conditions of approval that are imposed by the City Council shall be listed in the PDD ordinance and and development plans shall be referenced as attachments. G. SPECIFIC DEVELOPMENT CRITERIA: Buffer Yards: Each proposed development shall be reviewed to determine the compatibility of the development with surrounding land uses. Open space buffers shall be required to separate land uses within the planned development from land uses adjacent to the planned development unless it is determined by the Planning and Zoning Commission that no incompatibility exists between the land uses. No structure, parking lot, equipment pad, or other manmade construction not approved by the City shall be placed in an open space buffer. Buffer yard choices shall, at a minimum, be those found in Section 7.23 District R&D, subsection D. Performance Criteria. Wider buffer yards may be required by the Planning & Zoning Commission where necessary to mitigate negative impacts of more intense uses on less intense uses either within the PDD or between the PDD and adjacent uses or districts. Blda. Heights: Where structures within the planned development are proposed to exceed thirty-five feet (35') in height on land adjacent to any residential use or any residential or agricultural zoning districts, such structures shall be located a minimum of one foot (1') from the boundary of the open space buffer described in Section F above for each two feet (2') of height over thirty five feet (35'). Access and Frontage: Planned developments designated as PDD- B, PDD-I, or PDD-M shall have frontage along and access to major arterial streets on at least one side of the proposed development. Access through a residential area to a PDD-B, PDD-I, PDD-M via a local street ( as defined in the City's Subdivision Regulations) is prohibited. H. CONDITIONS OF APPROVAL: The Planning and Zoning Commission or City Council shall not approve a planned development if it finds that the proposed planned development: does not conform with applicable regulations and standards established by this ordinance; is not compatible with existing or permitted uses on abutting sites or with uses internal to the PDD, in terms of use, building height, bulk and scale, density, setbacks and open spaces, landscaping, drainage, or access and circulation features, within the standards established by this section; potentially creates unfavorable effects or impacts on other existing uses in the area or potential permitted uses in the area that cannot be mitigated by the provisions of this section; adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area; fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts; adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; or will be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the Commission or City Council. does not generally comply with the policies adopted in the Comprehensive Plan of the City of College Station. Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in the Subdivision Regulations and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Meritorious modification of these standards may be considered. Overall density in any planned development shall not exceed that shown on the Land Use Plan for the particular location. Lesser densities may be required to ensure compatibility with surrounding existing neighborhood densities. The granting of a PDD designation shall not relieve the developer from responsibility for complying with all other applicable sections of the Zoning Ordinance, and other codes and ordinances of the City of College Station unless such relief is specified in the approved development plan. Lw An owners association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service and parking areas, common open spaces, buffer areas and common recreational areas at the time the development plan is submitted. If an owners association is required, the articles for incorporation of an owners association shall be reviewed by the City to assure compliance with the provisions of this ordinance. Mm All Planned Development districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map. A list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in the office of the City Planner. Nm All changes of use from those approved in the original PDD shall require Planning & Zoning Commission approval. Minor additions and modifications to the approved development plans meeting the criteria below shall be approved by the City Planner: Minor additions to structures, with a floor area no larger than 10 percent of the existing floor area of the main floor, not to exceed 5,000 square feet Minor new accessory structures if the location does not interfere with existing site layout (e.g. circulation, parking, loading, storm water management facilities, open space, landscaping or buffering). Minor additions to parking lots comprising no more than 25 percent of the original number of parking spaces required, not to exceed 25 spaces. Clearing or grading that does not exceed 5,000 square feet in area. With Council authorization on the originally approved development plan there may be an increase of no more than 25 percent of the total number of dwelling units for single-family attached or multi-family developments as long as the maximum allowable density shown on the land use plan is not exceeded.