The URL can be used to link to this page

Home My WebLink About06/21/2012 - Agenda Packet - Planning & Zoning Commission Ð´¿²²·²¹ ú Æ±²·²¹ Ý±³³··±² Ö«²» îïô îðïî É±®µ¸±° Ó»»¬·²¹ êæðð ÐÓ Î»¹«´¿® Ó»»¬·²¹ éæðð ÐÓ AGENDA PLANNING&ZONINGCOMMISSION WM ORKSHOP EETING J21,2012,6:00PM UNE AT CHCC ITY ALL OUNCIL HAMBERS 1101TA EXASVENUE CS,T OLLEGE TATIONEXAS 1.Call the meeting to order. 2.Discussion of consent and regular agenda items. 3.Discussion of Minor and Amending Plats approved by Staff. Final Plat ~ Minor Plat ~ Tower Point Ph3 L28A B13 4.Presentation, possible action, and discussion regarding the status of items within the 2012 (JS) P&Z Plan of Work (see attached). 5.Presentation, possible action, and discussion regarding upcoming sewer line capital projects, including the relationship between upcoming developments and the capacity of (DC) the wastewater collection system. 6.Presentation, possible action, and discussion regarding the P&Z Calendar of Upcoming Meetings. Thursday, June 28, 2012 ~ City Council Meeting ~ Council Chambers ~ Workshop 6:00 p.m. and Regular 7:00 p.m. Thursday, July 5, 2012 ~ P&Z Meeting ~ Council Chambers ~ Workshop 6:00 p.m. and Regular 7:00 p.m. 7.Discussion, review and possible action regarding the following meetings: Design Review Board, Joint Parks / Planning & Zoning Subcommittee, Neighborhood Plan Stakeholder Resource Team, BioCorridor Committee, Lick Creek Nature Center Task Force, Zoning District Subcommittee, Joint Task Force on Neighborhood Parking Issues, and Wellborn District Plan Resource Team. 8.Discussion and possible action on future agenda items – A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 9.Adjourn. Consultation with Attorney {Gov't Code Section 551.071} ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. Notice is hereby given that a Workshop Meeting of the College Station Planning & Zoning Commission, College Station, Texas will be held on June 21, 2012 at 6:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this the Day day of June, 2012 at time . , CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ David Neeley, City Manager I, the undersigned, do hereby certify that the above Notice of the Workshop Meeting of the Planning & Zoning Commission of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on June DAY ,2012, at Time and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: ______________________ by _________________________. Dated this _____ day of_____________, 2012. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the day of_______________, 2012. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Planning and Zoning Commission meetings are broadcast live on Cable Access Channel 19. AGENDA PLANNING & ZONING COMMISSION RM EGULAREETING J21,2012,7:00.. UNE AT PM CHCC ITY ALL OUNCIL HAMBERS 1101TA EXASVENUE C S,T OLLEGE TATIONEXAS 1.Call meeting to order. Pledge of Allegiance. 2. Hear Citizens. 3. At this time, the Chairman will open the floor to citizens wishing to address the Commission on planning and zoning issues not already scheduled on tonight's agenda. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information, ask city staff to look into the matter, or will place the matter on a future agenda for discussion. (A recording is made of the meeting; please give your name and address for the record.) All matters listed under Item 4, Consent Agenda, are considered routine by the Planning & Zoning Commission and will be enacted by one motion. These items include preliminary plans and final plats, where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for further consideration. Consent Agenda 4.. 4.1 Consideration, discussion, and possible action to approve meeting Minutes. June 7, 2012 ~ Workshop June 7, 2012 ~ Regular 4.2Presentation, possible action, and discussion on a Final Plat for Harper’s Crossing consisting of two lots on approximately 3.2 acres located at 2849 Barron Road, generally located at the southeast corner of the intersection of Barron Road and Case #12-00500103 (MTH) William D Fitch Parkway. Regular Agenda 5.Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 6.Public hearing, presentation, possible action, and discussion regarding a Conditional Use Permit for approximately 4.1 acres of ground-floor multi-family housing within the Wolf Pen Creek District located at 1915 Dartmouth Street, generally located at the intersection Case # 12-00500013 (LH) (Note: Final of Holleman Drive East and Dartmouth Street. action on this item is scheduled for the July 12, 2012 City Council Meeting - subject to change) 7.Public hearing, presentation, possible action, and discussion regarding a rezoning from A-O Agricultural-Open to PDD Planned Development District for approximately 7.5 acres located at 4080 State Highway 6 South, generally located south of Secure Self- Case # 12-00500084 (LH) (Note: Final action on this Storage on the frontage road. item is scheduled for the July 12, 2012 City Council Meeting - subject to change) 8.Public hearing, presentation, possible action, and discussion regarding a rezoning from A-O Agricultural-Open with OV Corridor Overlay to C-1 General Commercial with OV Corridor Overlay on approximately 1.2 acres located at 950 William D. Fitch Parkway, generally located at the southwest corner of William D. Fitch Parkway and State Case # 12-00500108 (MTH) (Note: Final action on this item is Highway 6 South. scheduled for the July 12, 2012 City Council Meeting - subject to change) 9.Public hearing, presentation, possible action, and discussion regarding an amendment to Unified Development Ordinance Section 5.6.B.2.c “NG-3 Residential Northgate” and Section 5.7 “Design District Dimensional Standards” regarding places of worship in Case # 12-00500101 (MTH) (Note: Final action on this item is scheduled Northgate. for the July 12, 2012 City Council Meeting - subject to change) 10.Public hearing, presentation, possible action, and discussion regarding an amendment to Chapter 7, Health and Sanitation, of the Code of Ordinances by adding Section 7-13, “Stormwater Protection” and an amendment to Chapter 12, Unified Development Ordinance by renaming Section 7.8 as “Flood Hazard Protection”, adding Section 7.13, “Drainage and Stormwater Management”, and adding Section 10.6, “Specific Enforcement and Penalties for Drainage and Stormwater Management” to regulate Case # 12-00500115 (AG)(Note: Final discharges into the City stormwater system. action on this item is scheduled for the July 12, 2012 City Council Meeting - subject to change) 11.Discussion and possible action on future agenda items – A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 12.Adjourn. Consultation with Attorney {Gov't Code Section 551.071} ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. Notice is hereby given that a Regular Meeting of the College Station Planning & Zoning Commission, College Station, Texas will be held on June 21, 2012 at 7:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this the _____ day of June, 2012, at _______ CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ David Neeley, City Manager I, the undersigned, do hereby certify that the above Notice of Meeting of the Planning & Zoning Commission of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on June ___, 2012, at _______ and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: ______________________ by _________________________. Dated this _____ day of_____________, 2012. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the day of_______________, 2012. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Planning and Zoning Commission meetings are broadcast live on Cable Access Channel 19. 2012 Planning & Zoning Commission Plan of Work Comprehensive Plan Implementation Implementation of Adopted Plans Summary:Project Dates: Implementation of adopted master plans and Numerous on-going items and projects. neighborhood, district, and corridor plans, namely: Central College Station Neighborhood Plan, Eastgate Neighborhood Plan, Bicycle, Pedestrian, and Greenways Master Plan, Parks and Recreation Master Plan, Water Master Plan, and Waste Water Master Plan. Staff Assigned: P&DS StaffAnticipated Completion: On-going Medical District Plan Summary:Project Dates: 10/25/11: Consultant presented draft plan at final In partnership with the College Station Medical Center Medical Corridor Advisory Committee meeting. and other stakeholders, development of a plan focused 1/12/12: Council update regarding plan. on the creation of a healthcare and wellness district centered at the intersection of Rock Prairie Road and 2/2/12: P&Z Workshop update regarding plan. State Highway 6. 5/16/12: Health & Wellness subcommittee meeting. Staff Assigned: JPAnticipated Completion: Summer 2012 BioCorridor Plan Summary:Project Dates: 2/3/12: P&Z BioCorridor Subcommittee meeting. In collaboration with the City of Bryan and other 3/2/12: P&Z BioCorridor Subcommittee meeting. stakeholders, development of a corridor plan near State Hwy 47 and Raymond Stotzer Pkwy to realize a unique 5/15/12: P&Z BioCorridor Subcommittee meeting. research district where plant, animal, and human health 6/5/12: Presentation at Joint P&Z meeting with Bryan. may be studied in one place. Staff Assigned: MH, BCAnticipated Completion: Summer 2012 Southside Area Neighborhood Plan Summary:Project Dates: 5/1/12: Special meeting about Area 5 at City Hall. Development of neighborhood plan for a number of 5/14/12: Neighborhood Resource Team meeting. unique neighborhoods including Oakwood, College 5/17/12: Plan update at P&Z Workshop. Park, portions of the Knoll, McCullough Subdivision, Redmond Terrace, and Wolf Pen Village. The plan area 7/10/12: Plan Open House in City Hall at 6pm. is generally bounded by George Bush Drive, Texas 7/17/12: Neighborhood Resource Team meeting. Avenue, and Wellborn Road. Staff Assigned: JP, LHAnticipated Completion: Summer 2012 Ð¿¹» ï ±º í Wellborn District Plan Summary:Project Dates: 5/31/12: Wellborn Resource Team meeting at Development of district plan for the recently annexed Wellborn Community Center at 630pm. Wellborn area that contains elements of a rural historic community with a unique character that residents of the 6/18/12: Wellborn Resource Team meeting at area desire to retain. Wellborn Community Center at 630pm. 6/19/12: Area meeting at Wellborn Community Center at 630pm. Staff Assigned: MR, LHAnticipated Completion: Fall 2012 Economic Development Master Plan Summary:Project Dates: 2/23/12: Council approved consultant contract. Development of a Master Plan to provide consistent 3/22/12: Project Kick-off meeting with consultant. direction on how the City will help ensure its economic health for years to come while providing a positive 4/10/12: Staff meeting with consultant. business development environment. 6/28/12: Update at Council Workshop. 7/5/12: Update at P&Z Workshop. Staff Assigned: P&DS StaffAnticipated Completion: Fall 2012 New Zoning Districts Summary:Project Dates: 5/9/12: Public meeting at 6 PM at City Hall to introduce Create and adopt new zoning districts to implement draft non-residential district concepts. character and land use designations identified in the Comprehensive Plan. 7/6/12: P&Z Subcommittee meeting at 815am. 7/9/12: P&Z Subcommittee meeting at 815 am. Staff Assigned: JPAnticipated Completion: Neighborhood Parking Summary:Project Dates: 2/16/12: P&Z appoints Joint Task Force members. Analyze neighborhood parking issues by engaging stakeholders, form Joint Task with Council and 3/21/12: Initial Joint Task Force meeting. recommendations that seek solutions. 4/25/12: Joint Task Force Meeting at 5 PM. 5/30/12: Joint Task Force Meeting at 5 PM. 6/27/12: Joint Task Force Meeting at 5 PM. Staff Assigned: BC, TRAnticipated Completion: Employment Diversification Diversification of Employment Opportunities Summary:Project Dates: 1/12/12: Strategic Plan policy discussion with Council. Discuss workforce and employment opportunities in the community and strategies to increase their diversity and 7/5/12: Economic Development Master Plan update at the City's role in providing a positive business P&Z Workshop. development environment. Staff Assigned: P&DS StaffAnticipated Completion: Ð¿¹» î ±º í Housing Affordable Housing Summary:Project Dates: 3/1/12: Discussion at P&Z Workshop, led by Discuss how housing affordability is measured and Community Development Division. provide information on affordability of homes in the 8/2/12: Discussion of Community Development College Station and Bryan housing markets. Action Plan at P&Z Workshop. 8/9/12: Community Development Action Plan for Council approval. Staff Assigned: P&DS StaffAnticipated Completion: Role of Planning and Regulation Summary:Project Dates: Discuss role of planning and regulation on housing supply and value. Staff Assigned: P&DS StaffAnticipated Completion: Impact of Student Housing Market Summary:Project Dates: Discuss impact of single-family dwellings used for student rental purposes on the local housing market. Staff Assigned: P&DS Staff Anticipated Completion: Ð¿¹» í ±º í AGENDA PLANNING & ZONING COMMISSION RM EGULAREETING J21,2012,7:00.. UNE AT PM CHCC ITY ALL OUNCIL HAMBERS 1101TA EXASVENUE C S,T OLLEGE TATIONEXAS 1.Call meeting to order. Pledge of Allegiance. 2. Hear Citizens. 3. At this time, the Chairman will open the floor to citizens wishing to address the Commission on planning and zoning issues not already scheduled on tonight's agenda. The citizen presentations will be limited to three minutes in order to accommodate everyone who wishes to address the Commission and to allow adequate time for completion of the agenda items. The Commission will receive the information, ask city staff to look into the matter, or will place the matter on a future agenda for discussion. (A recording is made of the meeting; please give your name and address for the record.) All matters listed under Item 4, Consent Agenda, are considered routine by the Planning & Zoning Commission and will be enacted by one motion. These items include preliminary plans and final plats, where staff has found compliance with all minimum subdivision regulations. All items approved by Consent are approved with any and all staff recommendations. There will not be separate discussion of these items. If any Commissioner desires to discuss an item on the Consent Agenda it will be moved to the Regular Agenda for further consideration. Consent Agenda 4.. 4.1 Consideration, discussion, and possible action to approve meeting Minutes. June 7, 2012 ~ Workshop June 7, 2012 ~ Regular 4.2Presentation, possible action, and discussion on a Final Plat for Harper’s Crossing consisting of two lots on approximately 3.2 acres located at 2849 Barron Road, generally located at the southeast corner of the intersection of Barron Road and Case #12-00500103 (MTH) William D Fitch Parkway. Regular Agenda 5.Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. 6.Public hearing, presentation, possible action, and discussion regarding a Conditional Use Permit for approximately 4.1 acres of ground-floor multi-family housing within the Wolf Pen Creek District located at 1915 Dartmouth Street, generally located at the intersection Case # 12-00500013 (LH) (Note: Final of Holleman Drive East and Dartmouth Street. action on this item is scheduled for the July 12, 2012 City Council Meeting - subject to change) 7.Public hearing, presentation, possible action, and discussion regarding a rezoning from A-O Agricultural-Open to PDD Planned Development District for approximately 7.5 acres located at 4080 State Highway 6 South, generally located south of Secure Self- Case # 12-00500084 (LH) (Note: Final action on this Storage on the frontage road. item is scheduled for the July 12, 2012 City Council Meeting - subject to change) 8.Public hearing, presentation, possible action, and discussion regarding a rezoning from A-O Agricultural-Open with OV Corridor Overlay to C-1 General Commercial with OV Corridor Overlay on approximately 1.2 acres located at 950 William D. Fitch Parkway, generally located at the southwest corner of William D. Fitch Parkway and State Case # 12-00500108 (MTH) (Note: Final action on this item is Highway 6 South. scheduled for the July 12, 2012 City Council Meeting - subject to change) 9.Public hearing, presentation, possible action, and discussion regarding an amendment to Unified Development Ordinance Section 5.6.B.2.c “NG-3 Residential Northgate” and Section 5.7 “Design District Dimensional Standards” regarding places of worship in Case # 12-00500101 (MTH) (Note: Final action on this item is scheduled Northgate. for the July 12, 2012 City Council Meeting - subject to change) 10.Public hearing, presentation, possible action, and discussion regarding an amendment to Chapter 7, Health and Sanitation, of the Code of Ordinances by adding Section 7-13, “Stormwater Protection” and an amendment to Chapter 12, Unified Development Ordinance by renaming Section 7.8 as “Flood Hazard Protection”, adding Section 7.13, “Drainage and Stormwater Management”, and adding Section 10.6, “Specific Enforcement and Penalties for Drainage and Stormwater Management” to regulate Case # 12-00500115 (AG)(Note: Final discharges into the City stormwater system. action on this item is scheduled for the July 12, 2012 City Council Meeting - subject to change) 11.Discussion and possible action on future agenda items – A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 12.Adjourn. Consultation with Attorney {Gov't Code Section 551.071} ; possible action. The Planning and Zoning Commission may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Planning and Zoning Commission meeting, an executive session will be held. Notice is hereby given that a Regular Meeting of the College Station Planning & Zoning Commission, College Station, Texas will be held on June 21, 2012 at 7:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this the _____ day of June, 2012, at _______ CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ David Neeley, City Manager I, the undersigned, do hereby certify that the above Notice of Meeting of the Planning & Zoning Commission of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on June ___, 2012, at _______ and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: ______________________ by _________________________. Dated this _____ day of_____________, 2012. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the day of_______________, 2012. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Planning and Zoning Commission meetings are broadcast live on Cable Access Channel 19. MINUTES PLANNING & ZONING COMMISSION WorkshopMeeting June 7,2012,6:00 p.m. City Hall Council Chambers College Station, Texas COMMISSIONERS PRESENT: Mike Ashfield, CraigHall, Bo Miles, James Benham, Jim Ross,andJerome Rektorik COMMISSIONERS ABSENT: Jodi Warner CITY COUNCIL MEMBERS PRESENT: Dave Ruesink CITY STAFF PRESENT: Bob Cowell,Lance Simms,Molly Hitchcock,Alan Gibbs, Carol Cotter,Jason Schubert, Morgan Hester,Marcelo Arreola, Joe Guerra, Mary Ann Powell, Brittany Caldwell, and Carrie McHugh 1.Call the meeting to order. Chairman Ashfield called the meeting to order at 6:00 p.m. 2.Discussion of consent and regular agenda items. There was general discussion amongst the Commission regarding Regular Agenda Item 6. 3.Presentation, possible action, and discussion regarding the status of items within the 2012 (JS) P&Z Plan of Work (see attached). Principal Planner Schubert gave an update regarding the 2012 P&Z Plan of Work. 4.Presentation, possible action, and discussion regarding amendments to Chapter 7, Health and Sanitation, and Chapter 12, Unified Development Ordinance to adopt storm water (AG) ordinances. City Engineer Gibbsintroducedthe item and stated that Engineering Program Specialist Arreola would be giving the presentation. Mr. Arreola gave thepresentation regarding storm water ordinances. There was general discussion amongst the Commission and Staff regarding the ordinances. 5.Presentation, possible action, and discussion regarding an update on the following items: June 7, 2012P&Z WorkshopMeeting MinutesPage 1of 2 A rezoning fromC-1 General Commercial to PDD Planned Development District for approximately 0.2 acres located at 1405 University Drive,generally locatedat the northwest corner of the intersection of University Drive withthe former Meadowland rd Street. The Planning & Zoning Commission heard this item on May 3and voted 5-0 th to recommend approval. The City Council heard this item on May 24and voted 6-0 to approve the rezoning. There was no discussion. 6.Presentation, possible action, and discussion regarding the P&Z Calendar of Upcoming Meetings. Thursday, June 14, 2012 ~ City Council Meeting ~ Council Chambers ~ Workshop 3:00 p.m. and Regular 7:00 p.m. Thursday, June 21, 2012 ~ P&Z Meeting ~ Council Chambers ~ Workshop 6:00 p.m. and Regular 7:00 p.m. Chairman Ashfield reviewed the upcoming meeting dates for the Planning & Zoning Commission. 7.Discussion, review and possible action regarding the following meetings: Design Review Board, Joint Parks / Planning & Zoning Subcommittee, Neighborhood Plan Stakeholder Resource Team, BioCorridor Committee, Lick Creek Nature Center Task Force, Zoning District Subcommittee, Joint Task Force on Neighborhood Parking Issues, and Wellborn District Plan Resource Team. Director Cowell gave an update regarding the Joint Task Force on Neighborhood Parking Issues and the Lick Creek Nature Center Task Force. 8.Discussion and possible action on future agenda items –A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 9.Adjourn. The meeting was adjourned at 6:55p.m. Approved:Attest: ______________________________________________________________ Mike Ashfield, ChairmanBrittany Caldwell,Admin. Support Specialist Planning &Zoning CommissionPlanning &Development Services June 7, 2012P&Z WorkshopMeeting MinutesPage 2of 2 MINUTES PLANNING & ZONING COMMISSION Regular Meeting June 7,2012,7:00p.m. City Hall Council Chambers College Station, Texas COMMISSIONERS PRESENT: Mike Ashfield, CraigHall, Bo Miles, James Benham, Jim Ross, and Jerome Rektorik COMMISSIONERS ABSENT: Jodi Warner CITY COUNCIL MEMBERS PRESENT: Dave Ruesink CITY STAFF PRESENT: Bob Cowell,Lance Simms,Molly Hitchcock, Alan Gibbs, Carol Cotter, Jason Schubert, Morgan Hester, Marcelo Arreola, Joe Guerra, Mary Ann Powell, Brittany Caldwell, and Carrie McHugh Call meeting to order 1. Chairman Ashfieldcalled the meeting to order at 7:00p.m. Pledge of Allegiance 2. Hear Citizens 3. No onespoke. Consent Agenda 4. 4.1Consideration, discussion,and possible action on Absence Requests from meetings. Jodi Warner ~ June 5 & 7, 2012 4.2Consideration, discussion, and possible action to approve meeting Minutes. May 17, 2012 ~ Workshop May 17, 2012 ~ Regular 4.3Presentation, possible action, anddiscussion on a Preliminary Plan for Harper’s Crossing consisting of two lots on approximately 3.19 acres located at 2849 Barron Road, generally located at the intersection of Barron Road and William D. Case # 12-00500103 (MTH) Fitch Parkway. June 7, 2012P&Z Regular Meeting MinutesPage 1of 2 Commissioner Benham motioned to approve Consent Agenda Items 4.1 –4.3. Commissioner Rektorik seconded the motion, motion passed (6-0). Regular Agenda 5.Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. Noitems were removed from the Consent Agenda. 6.Public hearing, presentation, possible action, and discussion regarding a rezoning from C-1 General Commercial to R-4 Multi-Family for approximately 0.7 acres and R-4 Multi-Family to C-1 General Commercial for approximately 0.85 acres for the properties located at 2041 Holleman Drive West and 1451 Harvey Mitchell ParkwaySouth, generally located at the corner of Holleman Drive West and Harvey Mitchell Parkway Case # 12-00500073 (MTH)(Note: Final action on this item is scheduled for South. the June 28, 2012 City Council Meeting -subject to change) Staff Planner Morgan Hester presented the rezoning and recommended approval. There was general discussion amongst the Commission regarding the rezoning. ChairmanAshfield opened the public hearing. No one spoke during the public hearing. Chairman Ashfield closed the public hearing. Commissioner Miles motionedto recommend approval of the rezoning. Commissioner Rektorik seconded the motion, motion passed (6-0). 7.Discussion and possible action on future agenda items –A Planning &Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There was no discussion. 8.Adjourn. The meeting was adjourned at 7:08p.m. Approved:Attest: ______________________________________________________________ Mike Ashfield, ChairmanBrittany Caldwell,Admin. Support Specialist Planning &Zoning CommissionPlanning &Development Services June 7, 2012P&Z Regular Meeting MinutesPage 2of 2 FINAL PLAT for Harper's Crossing 12-00500103 SCALE: 2 lots on 3.19 acres LOCATION: 2849 Barron Rd, located at the southeast corner of Barron Road and William D.Fitch Parkway ZONING: PDD Planned Development District APPLICANT: Jesse Durden, CapRock Texas PROJECT MANAGER: Morgan Hester, Staff Planner mhester@cstx.gov RECOMMENDATION: Staff recommends approval of the Final Plat. Planning & Zoning CommissionPage 1of 3 June 21, 2012 Planning & Zoning CommissionPage 2of 3 June 21, 2012 DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agriculture Open upon annexationin 1995 C-3 Light Commercial in May 2006 PDD Planned Development District in February 2009 PDD Planned Development District in April 2012 for additional commercial uses and change the concept plan. Preliminary Plat: Approved June 2012 Site Development: Vacant COMMENTS Parkland Dedication: Parkland dedication is not required for non-residential developments. Greenways: No greenway dedication is required or proposed. Pedestrian Connectivity: A sidewalk is located along Barron Road and a multi-use path is required and will be constructed along William D FitchParkway. Bicycle Connectivity: A bicycle lane is located along Barron Road and a multi-use path is required and will be constructed along William D FitchParkway. Impact Fees: The subject tract is located in the Spring Creek Sanitary Sewer Impact Fee Area. The current rate is $98.39 per LUE (Living Unit Equivalent). REVIEW CRITERIA Compliance with Subdivision Regulations: The Final Plat is in compliance with the Subdivision Requirements of the Unified Development Ordinance. STAFF RECOMMENDATIONS Staff recommends approval of the Final Plat. SUPPORTING MATERIALS 1.Application 2.Copy of Final Plat(provided in packet) Planning & Zoning CommissionPage 3of 3 June 21, 2012 CONDITIONAL USE PERMIT FOR 1915 DARTMOUTH STREET 12-00500013 REQUEST: Multi-Family Residentialon the ground floor in the Wolf Pen Creek District SCALE: 4.06 acres (Two Phases) LOCATION: 1915 Dartmouth Street APPLICANT: Travis Martinek, Clarke and Wyndham PROJECT MANAGER: Lauren Amelia Hovde, Staff Planner lhovde@cstx.gov SUMMARY: Multi-family residential, when not part of a mixed-use development requires a Conditional Use Permit to locateon the ground level withinthe Wolf Pen Creek District.This property is the rear portion of a larger approximately 14-acre tract at the intersection of Dartmouth StreetandHolleman Drive Eastwhich will be developed as either commercial or mixed-use if developed in accordance with the current plan and ordinances. RECOMMENDATION: Staff recommends approval due to the neighboring land uses and location of the proposed development being at the rear portion of the larger tract. Planning and Zoning CommissionPage 1of 6 June 21, 2012 Planning and Zoning CommissionPage 2of 6 June 21, 2012 Planning and Zoning CommissionPage 3of 6 June 21, 2012 NOTIFICATIONS Advertised Commission Hearing Date:June 21, 2012 Advertised Council Hearing Dates: July 12, 2012 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: None Property owner notices mailed: Seven Contacts in support:None Contacts in opposition:None Inquiry contacts:None ADJACENT LAND USES DirectionComprehensivePlanZoningLand Use NorthUrban Mixed-UseR-6 High-Density Texas Huntington Multi-Family Apartments South Urban Mixed-Use and WPC Wolf Pen Creek Vacant property of the Natural Areas-Districtsame tract and USDA Reservedbuilding East Urban Mixed-Use and R-1 Single-Family Switch station Natural Areas-Residential and C-1driveway and Post ReservedGeneral CommercialOak Mall West Urban Mixed-Use and WPC Wolf Pen Creek Wolf Pen Creek Park Natural Areas-District Reserved DEVELOPMENT HISTORY Annexation: February 1971 Zoning: C-1 General Commercial (1984) Wolf Pen Creek District (1998) Final Plat: Unplatted Site development: Vacant REVIEW CRITERIA 1.The proposed use shall meetthe purpose and intent of the Unified Development Ordinance(UDO) and meetall minimum standards for this type of use per the UDO. The proposed development will be required to meet all standards for multi-familyresidential in the Wolf Pen Creek (WPC) District upon the platting and site planning of the property. The UDO specifies that the WPC Districtshould encourage the publicand private use of Wolf Pen Creek and development corridor as an active and passive recreational area while maintaining an appearance consistent with the Wolf Pen Creek Master Plan. The proposed development does provide this type ofencouragementby providing living space for park Planning and Zoning CommissionPage 4of 6 June 21, 2012 users creating the possibility of a lifestyle that incorporates the creek and park facilities into the residents’ everyday lives. The Wolf Pen Creek Master Plan encouragesmixed-use development as a means of incorporating multi-family residential uses. This mix may be accomplished through future development on the front portion of the larger parent tract. The Unified Development Ordinance specifies in Section 6.2 “Types of Uses” that residential uses are allowed by right when located above retail or commercial. For the subject tract, a Conditional Use Permit is being request to allow residential uses on the ground floor. The proposal islocated next to an existing multi-family complex and farthest from the Holleman Drive Eastand Dartmouth Street intersection on the approximately 14-acre tract.The subject tract is required to proceed through the platting and site planning process prior to development. Being located within the Wolf Pen Creek District, any proposed development must be reviewed and approved by the Design Review Board prior to Site Plan approval. 2.The proposed use shall be consistent with the development policies and goals and objectives as embodied in the Comprehensive Plan for development in the City. The subject tract is shown on the Comprehensive Plan Future Land Use and Character Map as Urban Mixed-Use with a small portion of Natural Areas-Reserved, all of which are currently zoned WPC Wolf Pen Creek District. Urban Mixed-Use allows for multi-family residential development when part of a development that incorporates acommercial component. The subject tract is the rear portion of an approximately 14-acretract at the intersection of Holleman Drive Eastand Dartmouth Street. The front portion is currently undeveloped which enables that portion of the property to contribute to the mixed-use requirement established by both the zoning district and land use designation.To comply with the Thoroughfare Plan, right-way-dedication will be assessed along DartmouthStreet and Holleman Drive East when the subject tract is platted. 3.The proposed use shall not be detrimental to the health, welfare, or safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to neighboring property. The abutting developmentsinclude an apartment complex to the north, an electrical switch station and Post Oak Mall to the east, and an office building to the south. Each of these land uses is compatible with multi-family residential. The proposed use will have no detrimental impact on the health, welfare, or safety of the surrounding properties or occupants. 4.The proposed site plan and circulation plan shall be harmonious with the character of the surrounding area. The proposed plan shows a vehicular connection the southern portion of the property, and also shows the only driveway that will be permitted on the larger parent tract. Upon platting, the development will be required to provide a cross access easement that is parallel to DartmouthStreetthat projects to the southern portion of the tract. 5.The proposed use shall not negatively impact existing uses in the area or in the City through impacts on public infrastructure such as roads, parking facilities, electrical, or water and sewer systems, or on public services such as police and fire protection, solid waste collection, or the ability of existing infrastructure and services to adequately provide services. The parent tract of the subject property will be allowed one driveway off Dartmouth Street, which is being presented with this Conditional Use Permit request. Limiting access to the minor arterial will limit points of conflict for vehicular, pedestrian, and bicycle traffic making this portion of Dartmouth Street safer for multi-modal movement. Parking for the use will be accommodated on site, and the proposed Planning and Zoning CommissionPage 5of 6 June 21, 2012 development will not put undo strain on public facilities such as electric, water, sewer, sanitation, police, and fire. 6.The proposed use shall not negatively impact existinguses in the area or in the City. The proposed development will comply with all City ordinances and regulations applicable to the site and proposal. STAFF RECOMMENDATION Staff recommends approval due to the neighboring land uses and location of the proposed development being at the rear portion of the larger tract. SUPPORTING MATERIALS 1.Application 2.Conditional Use PermitPlan(provided in packet) Planning and Zoning CommissionPage 6of 6 June 21, 2012 REZONING REQUEST FOR 4080 STATE HIGHWAY 6 SOUTH 12-00500084 REQUEST: Rezone from A-O agricultural-Open to PDD Planned Development District SCALE: 7.547 acres (three phases) LOCATION: 4080 State Highway 6 South APPLICANT: Brian Stanton PROJECT MANAGER: Lauren Amelia Hovde,Staff Planner lhovde@cstx.gov REQUEST OVERVIEW: The request is to rezone 7.547 acres between Secure Care Self Storage and StyleCraft Builder’soffice, located on State Highway 6, from A-OAgricultural-Open to PDD Planned Development District for uses that include those allowed in a C-3 Light Commercial zoning district and a funeral home in Phase 1 of the PDD.The property has frontage on both State Highway 6 and Longmire Drive. AlongLongmire Drive, the proposed PDD abuts asingle-family development on one side. RECOMMENDATION: Staff recommends approval of the proposed PDD based on its compatibility with the Comprehensive Plan Future Land Use and Character Map and with the surroundingland uses, but only ifthe meritorious modificationrequests to not provide a public street, Public Way, or a public sidewalk along the State Highway 6 frontage roadbe removed from the rezoning and that these facilities be incorporated into the proposed Concept Plan. Planning and Zoning CommissionPage 1of 9 June 21, 2012 Planning and Zoning CommissionPage 2of 9 June 21, 2012 Planning and Zoning CommissionPage 3of 9 June 21, 2012 NOTIFICATIONS Advertised Commission Hearing Date:June 21, 2012 Advertised Council Hearing Dates: July 12, 2012 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: Springbrook-Cypress Meadow HOA and Lakeside Village (unregistered association) Property owner notices mailed: 22 Contacts in support:None Contacts in opposition:None Inquiry contacts:None ADJACENT LAND USES DirectionComprehensivePlanZoningLand Use North Suburban CommercialC-1 General CommercialSecure Self Storage SouthSuburban Commercial and R-1 Single-Family Springbroook-Cypress General SuburbanResidential and C-1Meadow Subdivision, General CommercialLakeside Village Subdivision and vacant property EastSuburban Commercial C-1 General CommercialStyle Craft Building’s office West Suburban CommercialC-1 General Commercial Secure Self Storage and AP Administrative andvacantproperty Professional DEVELOPMENT HISTORY Annexation: October 1983 Zoning: A-O Agricultural-Open upon annexation Final Plat: Unplatted Site development: Vacant REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject tract is designated as Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map. The proposed development is consistent with this designation in addition to the land use designations surrounding the subject tract which includeSuburban Commercial and General Suburban. In addition to allowing only neighborhood-compatible land uses in Phase 2 and 3 (closest to Longmire Drive),the architecture will be compatible withthat of the surrounding neighborhoods through the use of building materials found in the neighborhood. Specific materialshave not been specified with the PDD. 2.Compatibility of the proposed request with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The proposed PDD will enable the development of Neighborhood Commercial and Office type uses, with the Planning and Zoning CommissionPage 4of 9 June 21, 2012 addition of a funeral home in Phase 1 closest to State Highway 6. The funeral home is more intense thantypically appropriate for a Suburban Commercial land usedesignation, but the location and situation of this phase make the land use more suitable. The adjacent land uses are a self-storage complex with outdoor storage facilities and a construction office/design studio for residential construction. Both properties are zoned C-1 General Commercial, which does allow for the use of a funeral home. The portion of the proposed development that abuts residential uses will be restricted in both land use and height to ensure compatibility with the neighborhood. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The proposed land uses permitted through the proposed PDD include those allowed in a C-3 Light Commercial districtand A-P Administrative Professional. In addition, Phase 1, located adjacent toState Highway 6, will also include the ability to have a funeral home. This addition does not include the use of a crematorium. Funeral homes are not a neighborhood-oriented land use, but due to its proximity to State Highway 6 and the existing C-1 General Commercial land uses directly north and south, the use is suitable by adding additional architectural features to assist the structure in blending with the nearby residences. Phases 2 and 3 will include office and neighborhood-oriented commercial that will also have a residential-style of architecture. These land uses are suitable adjacent to single-family and are appropriate placedagainstLongmire Drive (Major Collector). 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 current A-O Agricultural-Open zoning district is not suitable for the subject tract due the presence of State Highway 6 and Longmire Drive (Major Collector) on is northeast and southwest sides. The activity associated with these thoroughfares makes the land uses applicable to an A-O zoning district less practical. In addition, the subjecttract is locatedbetween two existing commercial sites, and avacant property zoned for commercial uses. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposedamendment: Agricultural-related uses and single-family residential are not marketable for the subject tract due to its suburban surrounding. A minimum lot size of five acre, required by the A-O zoning district, is not marketable due to the surrounding land uses and zoning districts that directly abut the subject tract. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: When the proposed development proceeds through the platting process, right-of-way dedication will be required along Longmire Drive in order for the site to be in compliance with the City of College Station Thoroughfare Plan. There are existing 8-inchand 24-inch water mains available to serve this property. There are also existing 8-inch sanitary sewer lines which may provide service to the site. Drainage is mainly to the southeast within the Lick Creek Drainage Basin. Access to the site will be available via the State Highway 6 Frontage Road and Longmire Drive. Drainage and other infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing infrastructure appears to be adequate for the proposed use. Planning and Zoning CommissionPage 5of 9 June 21, 2012 REVIEW OF CONCEPT PLAN The applicant has provided the following information related to the purpose and intent of the proposed zoning district: “The purpose and intent of this development is to rezone the property so development can occur in accordance with the Comprehensive Plan. The development will have a mix of commercial and office uses which will become less intense as the distance from State Highway 6 increases so that there is a transition from the existing and proposed commercial uses along State Highway 6 to the residential neighborhoods along Longmire Drive and Eagle Avenue.” The proposed Concept Plan includes uses permitted through a C-3 Light Commercial for the Neighborhood Commercial portions (Phase 1 and 2)and A-P Administrative Professional for the Office portion (Phase 3).Crematoriums, fuel sales, and commercial amusements areexpressly prohibited. The estimatedbuilding plot square footage is 50,000with individual buildings ranging between 3,000 and 8,000square feet.Neighborhood Commercial buildings willbe a maximum of 35-feetin heightandOffice buildingswill bea maximum height of 30-feet. Roof pitcheswill have slopes witha minimum of 4:12 and a maximum of 8:12.Flat and shed roofs are expressly prohibited.Eaves shall extend from the building façade a minimum of 12-inches. Base Zoning and Meritorious Modifications The applicant is proposing to develop using the C-3Light Commercialzoning classification standards forthe Neighborhood Commercial portions of the requested PDD, and A-P Administrative Professional for Office portions.The PDD is divided into three phases. Phase 1 is shown on the Concept Plan as Neighborhood Commercial (C-3 Light Commercial base zoning). Phase 1 land uses will alsoinclude a funeral home. Phase 2 is Neighborhood Commercial/Office (C-3 Light Commercial base zoning). Phase 3 is shown as Office (A-P Administrative Professional base zoning). At the time of plat and site plan, the project will need to meet all applicable site development standards and platting requirements of the UDO for the C-3 Light Commercial and A-P Administrative Professional zoning classifications, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following meritorious modifications: 1.UDOSection 8.2.G.2 “Blocks” According to subdivision regulations, block lengths over 900 linear feetmust be broken along a street that abuts land designated asSuburban Commercial in the Comprehensive Plan Future Land Use and Character Map.Block length isrequired to be broken by the extension of a public street meeting minor collector standards (applicable in commercial areas). The Subdivision Regulations allow for a more cost- effective technique, being a Public Way, in commercial and multi-family developments. A Public Way is a public access easement of a minimum 40-foot with a street section built to certain public standards. The applicant is requesting modification ofthis requirement for both State Highway 6 and Longmire Drive. The applicant is proposing an alternateconnection between the rights-of-wayonlythrough their private parking lots. The 900-foot block length requirement is in place to ensure public access,to enhance connectivity within suburban Planning and Zoning CommissionPage 6of 9 June 21, 2012 areas and to provide alternative routesof travel through an area.Staff does not believe there to be sufficient merit to justify the modification, as requiredby the UDO. 2.UDO Section 8.2.E.3 “Street Projections” When a property is platted that abuts otherunplatted tracts, the property is required to project a public street or Pubic Way to thetractsto enable future vehicular connections. The subject propertyabutsunplatted tractson its northern side that are not conducive to a new public connection.Therefore, Staff agrees that merit exists for this modification. 3.UDO Section 8.2.K.3.a“Sidewalk Exceptions” A sidewalk is required along the State Highway 6 frontage road. Due to the absence of sidewalk on the contiguous block’s street frontage, the applicant is requesting modificationfromthis requirement.The Bicycle, Pedestrian, and Greenways Advisory Board discussed this request during their June 4, 2012 meeting, but did not provide a recommendation.Staff does not believe there to be sufficient merit to justify the modification, as requiredby the UDO. 4.UDO Section 7.5.D.1-2“Streetscape Requirements” Street trees are required to be located within 50 feet of a public right-of-way. On the subject tract, overhead power lines interfere with this requirement causing the applicant to seekthe meritorious modification. The request is to increase the allowable distance from the Longmire Drive right-of-wayupto 60 feet. Therefore, Staff agrees that merit exists for this modification. The Unified Development Ordinance provides the following review criteria for PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area: The proposed development will consist of structures that are compatiblewith the surrounding neighborhoodsby using materials commonly usedwithin the residential area. Building materials have not been specified with this PDDand each building is required by ordinance to provide architectural relief elements. Buildings within Phase 1 area propose to utilize alternative Suburban Commercial architectural elements that are more commonly found on residential structures. The proposed land uses being neighborhood-oriented, with the exception of a funeral home, will provide a variety ofland uses within an easy distance to nearby residential unitsfor vehicle and pedestrian traffic.A sidewalk along State Highway 6 would increasewalkability in the area. 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section: The Concept Plan reflects the policies, goals and objectives of the Comprehensive Plan as it relates to land use and character, connectivity, and neighborhood integrity. The SuburbanCommercial designation in the Comprehensive Plan Future Land Use and Character Map is intended for development that iscompatible with surrounding residential uses, as proposed with this PDD.Upon the platting of Phases 2 and 3, the subject tract will be required to provide additional right-of-way along Longmire Drive in order to comply with the Thoroughfare Plan.In addition, several components are proposed to promote and protect neighborhood integrity: a)Buildingswithin Phase 1will have 35-percent masonry (stone, brick, tile, or a concrete product simulating one of these materials)on the primary entrance façadeand 20-percent Planning and Zoning CommissionPage 7of 9 June 21, 2012 on other facades visible from a right-of-way.No percentages have been specified for Phases 2 and 3.This is different from Non-Residential Architectural Standards which require 25% on façades facing a right-of-way and 10% on all other facades. The primary entrance façade is not required to face a right-of-way. b)All buildingwill be required to meetNon-ResidentialArchitectural Standards that required architectural relief elements on each façade. Phase 1 buildingswill utilize alternative architectural relief elements found in the residential area such as(Phases 2 and 3 are not included): Covered front porch Eaves in excess of 18 inches Window canopy Transom windows Decorative façade lighting Chimney or cupolas c)The dumpster will be locatedaway from residential uses. d)Flat or shed roofs will be prohibited. e)Eaves shall extend at least 12inches from the building façade. f)Roof slope shall be between 4:12 and 8:12. g)Maximum building height in Phase 1 will be 35feetand Phase 2 and 3 will be 30feet. h)Foundation landscaping will be provided along 50-percent of theprimary entrance facades and within 3 feet of the buildings. 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development: The proposed land use, with the additional compatibility components, is consistentwith the level of development occurring in the immediate vicinity. The development abutting State Highway 6 on the northern and southern sides include self storage and office. Development has not occurred on the northern side of thesubject tract on the Longmire Drive side,though this area is zoned A-P Administrative Professional and C-1 General Commercial. Neighborhood Commercial and Office uses will be compatible adjacent to the abutting single-family residences and add a varietyof land uses in the area which increases the interest and versatility of the area. 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association: There are no residential uses proposed for this development. 5.The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities: The development includes a proposed Access Way, which will be dedicated during the platting process. In addition, right-of- way will be dedicated along Longmire Drive when the applicable phases are platted. Meritorious modifications are being requested to sidewalks along State Highway6 and street projections. Public sidewalkscurrently exist along Longmire Drive. 6.The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity: Therequested modifications associated with block length and sidewalks would cause harm to the public health, safety, welfare, or abutting properties.Among other responsibilities, Subdivision Regulations are in place to ensure that development occurs in away to maximize efficiency of public infrastructure. The granting of these modifications would be contrary to those efforts. Planning and Zoning CommissionPage 8of 9 June 21, 2012 The dedication of an Access Way, applicable when platted, will provide pedestrian and bicycle accommodations through the subject tractwhich would also be accommodated through the provision of the required street/Public Way.A vehicularaccess point may be accommodated on State Highway 6 through the use of a deceleration lane. 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or 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: The proposedPDD will negatively affectthe currentcirculation in the vicinityby not contributingto the overallnetwork through the extension of a public street or Public Way, as required by ordinance,which would provide additional route options.The extension of a public street or Public Way is necessary to complete the street network proposed by the College Station Thoroughfare Plan and supported by the Subdivision Regulations. Street connectivity between designated thoroughfares is vital to the future functionality of the proposed and existing thoroughfares. STAFF RECOMMENDATION Staff recommends approval of the proposed PDD based on its compatibility with the Comprehensive Plan Future Land Use and Character Map and with the surrounding land uses, but only if the modificationrequests to not provide a public street, Public Way, or a public sidewalk along the State Highway 6 frontage road be removed from the rezoning and that these facilities be incorporated into the proposed Concept Plan. SUPPORTING MATERIALS 1.Application 2.Rezoning map (provided in packet) 3. Concept Plan (provided in packet) Planning and Zoning CommissionPage 9of 9 June 21, 2012 REZONING REQUEST FOR CAPROCK CROSSING 12-00500108 REQUEST: Approximately 1.2acres from A-O Agriculture Open with OV Corridor Overlay toC-1 General Commercial with OV Corridor Overlay SCALE: Approximately 1.2acres LOCATION: 950 William D Fitch Parkway, generally located at the southwest corner of William D Fitch Parkway (State Highway 40)and State Highway 6. APPLICANT: Jesse Durden, CapRock Texas PROJECT MANAGER: Morgan Hester,Staff Planner mhester@cstx.gov REQUEST OVERVIEW: Old Arrington Road Public Right-of-Way was abandoned by City Council on April 26, 2012to allow development. This rezoning will allow for a continuous C-1 General Commercial zoning in this area fronting William D Fitch Parkway (State Highway 40). RECOMMENDATION: Staff recommends approval due to the consistency with the Comprehensive Plan Future Land Use and Character Map and with the surrounding existing and planned uses. Page 1of 5 Planning & Zoning Commission June 21, 2012 Page 2of 5 Planning & Zoning Commission June 21, 2012 Page 3of 5 Planning & Zoning Commission June 21, 2012 NOTIFICATIONS Advertised Commission Hearing Date:June 21, 2012 Advertised Council Hearing Dates: July 12, 2012 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: None Property owner notices mailed: Six Contacts in support:None Contacts in opposition:None Inquiry contacts:None ADJACENT LAND USES DirectionComprehensivePlanZoningLand Use North Urban, Growth Area IIC-1 General Commercial, OV Volunteer Fire CorridorOverlayDepartment South Urban, Growth Area IIC-1 General Commercial, OV Vacant CorridorOverlay, C-2 Commercial- Industrial East Urban, Growth Area IIC-1 General Commercial, OV Vacant CorridorOverlay West(Across Urban, Growth Area IIC-1 General Commercial, OV Vacant Old Arrington CorridorOverlay, A-O Agricultural Road) Open DEVELOPMENT HISTORY Annexation: October 1983 December 1993 Zoning: C-1 General Commercial upon annexation in December 1983 OV Corridor Overlay in July 2006 Final Plat: The subject property is unplatted. Site development: The subject tract is developed asa portion of Old Arrington Road that was abandoned by City Council on April 26, 2012. Page 4of 5 Planning & Zoning Commission June 21, 2012 REVIEW CRITERIA 1.Consistency withthe Comprehensive Plan: The subject parcel and surrounding parcels are shown on the Comprehensive Future Land Use and Character Map and Concept Map as Urban in Growth Area II which allows for intense land use activities including general commercial activities. C-1 General Commercial is appropriate for this land use designation. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The rezoning request to C-1 General Commercial with OVCorridor Overlay is compatible with the existing zoningof the surrounding 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: The property is located near theintersection of William D Fitch Parkway (State Highway 40)and State Highway 6 making it suitable site for commercial use. 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: Due to the abandonment of this portion of OldArrington Road, the subject tractremainszoned A-O Agricultural Open which is not beneficial for future development. 5.Marketability of the property affected by theamendment for uses permitted by the district applicable to the property at the time of the proposed amendment: With the existing zoning of the subject property being A-O Agricultural Open, the property is not marketable as it is surrounded by C-1 GeneralCommercial properties. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There are existing 8-inch and 12-inch water mains available to serve this property. There is also an existing 8-inch sanitary sewer line which may provide service to the site. Existing infrastructure with proposed modifications appear to be adequate for the proposed use. Access to the site will be available via Old Arrington Road from the south,andfuturePublic Ways that will ultimately provideaccess to William D.Fitch Parkway and Arrington Road.Drainage is mainly to the south within the Alum Creek Drainage Basin. Drainage and any other infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines.The property is not within FEMA designated floodplain. A portion of the property is located in the AlumCreek Sewer Impact Fee Area (97-02B). Currently, the Impact Fee for thisarea is $59.42per Living Unit Equivalent. STAFF RECOMMENDATION Staff recommends approval due to the consistency with the Comprehensive Future Land Use and Character Map and with the surrounding existing and planned uses. SUPPORTING MATERIALS 1.Application 2.Rezoning map (provided in packet) Page 5of 5 Planning & Zoning Commission June 21, 2012 1101 Texas Avenue, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: June 21, 2012 TO: Planning & Zoning Commission Members FROM: Morgan Hester, Staff Planner mhester@cstx.gov SUBJECT: UDO Amendment for Placesof Worship in Northgate Item: Public hearing, presentation, possible action, and discussion regarding an amendment to Unified Development Ordinance Section 5.6.B.2.c “NG-3 Residential Northgate” and Section 5.7 “Design District Dimensional Standards” regarding places of Case #12-00500101 (MTH) worship in Northgate. Item Background: The proposed amendments to the UDO are intended to modify the requirements for NG-3 Residential Northgate to allow for Places of Worship to expand, alter, and renovate their structures as well as construct new structures within the subject zoning without being required to incorporate residential uses into the structure and without being subject to the minimum Floor to Area Ratio(FAR). Current ordinance requires developmentsinNG-3 Residential Northgate meet the following (asset in the UDO Section 5.6.B.2.c): 1.Non-residential uses may occupy more than fifty (50) percent of the total square footage of any building(s) or group of buildings developed in a building plot. 2.Any building containing a non-residential use shall have a minimum of one (1) floor wherein on hundred (100) percent of the floor area is occupied by a residential use. Offices and studios maintained within a residence for home occupations may be included within the residential use calculation. 3.The maximum allowable gross floor area per single retail establishment is five thousand (5,000) square feet. The proposed amendmentexemptsPlaces of Worship from these requirements. In addition, the minimum Floor to Area Ratio(FAR)that has been set for all development in NG-1 Core Northgate(1:1), NG-2 Transitional Northgate(0.75:1), and NG-3 Residential Northgate (1:1) will not be applicable to Places of Worshipas proposed with this amendment. Attachment: 1. Redline ofText Amendment ß®¬·½´» ëò Ü·¬®·½¬ Ð«®°±» Í¬¿¬»³»²¬ ¿²¼ Í«°°´»³»²¬¿´ Í¬¿²¼¿®¼ Í»½¬·±² ëòê Ü»·¹² Ü·¬®·½¬ ß®¬·½´» ëò Ü·¬®·½¬ Ð«®°±» Í¬¿¬»³»²¬ ¿²¼ Í«°°´»³»²¬¿´ Í¬¿²¼¿®¼ ÞòÒ±®¬¸¹¿¬» Ü·¬®·½¬ øÒÙ÷ îòß¼¼·¬·±²¿´ Ë» Í¬¿²¼¿®¼ Ì¸» °»®³·¬¬»¼ ¿²¼ ½±²¼·¬·±²¿´ «» ±«¬´·²»¼ ·² Í»½¬·±² êòî Ì§°» ±º Ë» ¸¿´´ ³»»¬ ¬¸» º±´´±©·²¹ ¿¼¼·¬·±²¿´ ®»¯«·®»³»²¬ ®»´¿¬»¼ ¬± ¬¸» ¼·¬®·½¬ ·² ©¸·½¸ ¬¸» °®±°±»¼ °®±¶»½¬ · ´±½¿¬»¼ò ½òÒÙóí Î»·¼»²¬·¿´ Ò±®¬¸¹¿¬» Û¨»³°¬·±²æ Û¨°¿²·±²ô ¿¼¼·¬·±²ô ¿²¼ ®»²±ª¿¬·±² ¬± Ð´¿½» ±º É±®¸·° ¿®» »¨»³°¬ º®±³ ¬¸»» ®»¯«·®»³»²¬ò Ò±²ó®»·¼»²¬·¿´ «» °»®³·¬¬»¼ ©·¬¸·² ÒÙóí ¸¿´´ ³»»¬ »¿½¸ ±º ¬¸» º±´´±©·²¹ ®»¯«·®»³»²¬æ Ò±²ó®»·¼»²¬·¿´ «» ³¿§ ±½½«°§ ²± ³±®» ¬¸¿² º·º¬§ °»®½»²¬ øëðû÷ ±º ¬¸» ï÷ ¬±¬¿´ ¯«¿®» º±±¬¿¹» ±º ¿²§ ¾«·´¼·²¹ø÷ ±® ¹®±«° ±º ¾«·´¼·²¹ ¼»ª»´±°»¼ ·² ¿ ¾«·´¼·²¹ °´±¬ò ß²§ ¾«·´¼·²¹ ½±²¬¿·²·²¹ ¿ ²±²ó®»·¼»²¬·¿´ «» ¸¿´´ ¸¿ª» ¿ ³·²·³«³ ±º ±²» î÷ øï÷ º´±±® ©¸»®»·² ±²» ¸«²¼®»¼ °»®½»²¬ øïððû÷ ±º ¬¸» º´±±® ¿®»¿ · ±½½«°·»¼ ¾§ ¿ ®»·¼»²¬·¿´ «»ò Ñºº·½» ¿²¼ ¬«¼·± ³¿·²¬¿·²»¼ ©·¬¸·² ¿ ®»·¼»²½» º±® ¸±³» ±½½«°¿¬·±² ³¿§ ¾» ·²½´«¼»¼ ©·¬¸·² ¬¸» ®»·¼»²¬·¿´ «» ½¿´½«´¿¬·±²ò Ì¸» ³¿¨·³«³ ¿´´±©¿¾´» ¹®± º´±±® ¿®»¿ °»® ·²¹´» ®»¬¿·´ »¬¿¾´·¸³»²¬ · í÷ ëôððð ¯«¿®» º»»¬ò ß®¬·½´» ëò Ü·¬®·½¬ Ð«®°±» Í¬¿¬»³»²¬ ¿²¼ Í«°°´»³»²¬¿´ Í¬¿²¼¿®¼ Í»½¬·±² ëòé Ü»·¹² Ü·¬®·½¬ Ü·³»²·±²¿´ Í¬¿²¼¿®¼ ß®¬·½´» ëò Ü·¬®·½¬ Ð«®°±» Í¬¿¬»³»²¬ ¿²¼ Í«°°´»³»²¬¿´ Í¬¿²¼¿®¼ ëòéÜ»·¹² Ü·¬®·½¬ Ü·³»²·±²¿´ Í¬¿²¼¿®¼ Ì¸» º±´´±©·²¹ ¬¿¾´» »¬¿¾´·¸» ¼·³»²·±²¿´ ¬¿²¼¿®¼ ¬¸¿¬ ¸¿´´ ¾» ¿°°´·»¼ ©·¬¸·² ¬¸» Ü»·¹² Ü·¬®·½¬ô «²´» ±¬¸»®©·» ·¼»²¬·º·»¼ ·² ¬¸· ËÜÑæ ÒÙóï ÒÙóî ÒÙóí ÉÐÝ Ó·²·³«³ Ô±¬ ß®»¿ Ò±²» Ò±²» Ò±²» îôìðð ÍÚ Ó·²·³«³ Ô±¬ É·¼¬¸ Ò±²» Ò±²» Ò±²» Ó·²·³«³ Ô±¬ Ü»°¬¸ Ò±²» Ò±²» Ò±²» Ó·²·³«³ Ú®±²¬ Í»¬¾¿½µ Ò±²» Ò±²» Ò±²» øØ÷ Ó·²·³«³ Í·¼» Í»¬¾¿½µ Ò±²» Ò±²» Ò±²» Ò±²» øß÷ Ó·²·³«³ Í·¼» Í¬®»»¬ Í»¬¾¿½µ Ò±²» Ò±²» Ò±²» Ó·²·³«³ Î»¿® Í»¬¾¿½µ Ò±²» Ò±²» Ò±²» Ó·²·³«³ Í»¬¾¿½µ º®±³ Þ¿½µ ±º Ý«®¾ øÞ÷ Ò±²» Ó¿¨·³«³ Í»¬¾¿½µ º®±³ Þ¿½µ ±º Ý«®¾ øÞ÷ Ò±²» Ó¿¨·³«³ Ø»·¹¸¬ Ò±²» Ò±²» Ò±²» Ò±²» Ó·²·³«³ Ò«³¾»® ±º Í¬±®·» î Í¬±®·» øÙ÷ î Í¬±®·» øÙ÷ î Í¬±®» øÙ÷ Ò±²» Ó·²·³«³ Ú´±±® ¬± ß®»¿ Î¿¬·± øÚßÎ÷ ï æ ï øÚ÷ø×÷ ðòéë æ ï øÚ÷ø×÷ ï æ ï øÚ÷ø×÷ Ò±²» Í»» Ò±¬» ±² º±´´±©·²¹ °¿¹»ò Ò±¬»æ Ô±¬ ´·²» ½±²¬®«½¬·±² ±² ·²¬»®·±® ´±¬ · ¿´´±©»¼ ©¸»®» ¿½½» ¬± ¬¸» ®»¿® ±º ¬¸» ¾«·´¼·²¹ · °®±ª·¼»¼ øß÷ ±² ¬¸» ·¬» ±® ¾§ ¼»¼·½¿¬»¼ ®·¹¸¬ó±ºó©¿§ ±® »¿»³»²¬ò Ó·²·³«³ñ³¿¨·³«³ »¬¾¿½µ º®±³ ¬¸» ¾¿½µ ±º ¿²§ ½«®¾ô ·²½´«¼·²¹ ´±¬ ©·¬¸ ·²¹´» º®±²¬¿¹»ô ´±¬ øÞ÷ ©·¬¸ ¼±«¾´» º®±²¬¿¹»ô ¿²¼ ½±®²»® ´±¬ ©·¬¸ ³«´¬·°´» º®±²¬¿¹»ò ×º ¬¸» ©·¼¬¸ ±º ¿²§ °«¾´·½ »¿»³»²¬ ±® ®·¹¸¬ó±ºó©¿§ · ·² »¨½» ±º ¬¸» ³¿¨·³«³ »¬¾¿½µô ¬¸» øÝ÷ ³¿¨·³«³ »¬¾¿½µ ©·´´ ¾» ³»¿«®»¼ º®±³ ¬¸» »¼¹» ±º ¬¸» °«¾´·½ »¿»³»²¬ ±® ®·¹¸¬ó±ºó©¿§ò Ó¿¨·³«³ »¬¾¿½µ º®±³ ¾¿½µ ±º ½«®¾ º±® Ë²·ª»®·¬§ Ü®·ª» · îë º»»¬ô É»´´¾±®² · íë º»»¬ ¿²¼ ïðð øÜ÷ º»»¬ º±® Í±«¬¸ Ý±´´»¹»ò ó±ºó©¿§ô ¬¸» ¾«·´¼·²¹ ³¿§ ¾» »¬¾¿½µ øÛ÷ ¿ ³¿¨·³«³ ±º íë º»»¬ò Ì¸· ¿®»¿ ½¿´½«´¿¬·±² ¸¿´´ ²±¬ ·²½´«¼» ¿²§ ´±¬ ¿®»¿ »²½«³¾»®»¼ ¾§ ®»¯«·®»¼ »¿»³»²¬ô »¬¾¿½µô øÚ÷ ·¼»©¿´µô ¼»¬»²¬·±²ô ±® ¿®»¿ ¼»¼·½¿¬»¼ ¬± ½·ª·½ º»¿¬«®»ò Ì¸» ¿®»¿ ±º ¿ °±®½¸ ±® ¿®½¿¼» º®±²¬·²¹ ¿ °«¾´·½ ¬®»»¬ · ·²½´«¼»¼ ·² ¬¸» ½¿´½«´¿¬·±² ±º ´±¬ ½±ª»®¿¹»ò Ì¸» îó¬±®§ ®»¯«·®»³»²¬ ¸¿´´ ²±¬ ¿°°´§ ¬± ¬®«½¬«®» »¨·¬·²¹ ±² ±® ¾»º±®» ß°®·´ îô îððêò øÙ÷ Ó·²·³«³ º®±²¬ »¬¾¿½µ ³¿§ ¾» ®»¼«½»¼ øØ÷ ±® ©¸»² ·¼» §¿®¼ ±® ®»¿® §¿®¼ °¿®µ·²¹ · °®±ª·¼»¼ò Ð´¿½» ±º É±®¸·° ¿®» »¨»³°¬ º®±³ ¬¸» Ú´±±® ¬± ß®»¿ Î¿¬·± øÚßÎ÷ ®»¯«·®»³»²¬ ·² ¿´´ ÒÙ Ü·¬®·½¬ò ø×÷ 1101 Texas Avenue, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: June 21, 2012 TO: The Planning and Zoning Commission FROM: Alan Gibbs, City Engineer Ordinance Amendments to Regulate Discharges into the City SUBJECT: Stormwater System Item: Public hearing, presentation, possible action, and discussion regarding an amendment to Chapter 7, Health and Sanitation of the Code of Ordinances, by adding a system; and an amendment to Chapter 12, Unified Development Ordinance (UDO) of the Code of Ordinances by renaming Article 7, General Development Standards, Section water system. Item Background: This subject item proposes an ordinance amendment to Chapter 7, Health and Sanitation andChapter 12, Unified Development Ordinance as accompanying amendments to regulate discharges into the City stormwater system. This proposed regulation is to satisfy a state mandate to regulate and enforce discharges into the stormwater system as required under the Texas Commission on Environmental Quality (TCEQ) Texas Pollution Discharge Elimination System (TPDES) program. TCEQ has regulatory authority over discharges of pollutants to Texas surface waters and has issued the TPDES General Permit No. TXR040000 making it effective beginning 2007 for College Station as a Phase II small Municipal Separate Storm Sewer System (MS4). Phase II small MS4s are cities and counties with populations between 1,000 and 100,000. More specifically, under the general permit the State required MS4s to develop and implement a locally-tailored 5-year plan referred to as a Storm Water Management Program (SWMP). There are 6 areas, or Minimum Control Measures (MCMs), that SWMPs were required to address including: education, public input, illicit discharge elimination, construction, post-construction, and municipal best management practices. The permit specifically requires regulatory and enforcement provisions be adopted. The proposed ordinance amendments are proposed to be separated and adopted into general provisions the two noted portions, development and Chapter 7, Health and Safety, and provisions more specific to construction Development Ordinance. Draft ordinance language was provided to the development community in April. A th Workshop item was presented on this topic on June 7 Planning and Zoning th Commission. Both proposed amendments are scheduled for the July 12 City Council Meeting for consideration of adoption. CHAPTER7 HEALTHANDSANITATION SECTION7-13–STORMWATERPROTECTION (A)GENERAL. (1)Purpose (a) The purpose of this ordinance is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges into the municipal stormwater drainage system to the maximum extent practicable as required by federal law. This article establishes methods for controlling the introduction of pollutants into the municipal stormwater drainage system in order to comply with requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit process. (b) The objectives of this ordinanceare to: i. Regulate the contribution of pollutants into the municipal stormwater drainage system by any person or entity; ii. Prohibit illicit discharges and illegal connections into the municipal stormwater drainage system;and iii. Prevent nonstormwaterdischarges, generated as a result of spills, inappropriate dumping or disposal, into the municipal stormwater drainage system. (2)Compatibility with other regulations. (a) This ordinanceis not intended to modify or repeal any other ordinance, rule, regulation,or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restriction of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (b) Anyreference to this Section shall also apply to Chapter 12, Article 7, Section 13 of this Code of Ordinances, and both Sections shall be interpretedand enforced in conjunction with each other, where applicable. (3)Definitions. In this section: Accidental discharge means a discharge prohibited by this ordinancethat occurs by chance and without planning or thought prior to occurrence. Administrator means the Director of Planningand Development Services and/or his designee. Agricultural stormwater runoff means any stormwater runoff from orchards, cultivated crops, pastures, range lands, and other nonpoint source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR. Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR. Section 122.24. CFR means the Code of Federal Regulations. Clean Water Act (CWA) means The Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92500, as amended Pub. L. 95217, Pub. L. 95576, Pub. L. 6483 and Pub. L. 97117, 33USC. 1251 et seq. Contaminated means containing a harmful quantity of any substance. Contamination means the presence of or entry into a public water supply system, the municipal stormwater drainage system, waters of the state, or waters of the United States of any substance which may be harmful to the public health and/or the quality of the water. Discharge means any addition or introduction of any unpolluted water, pollutant, stormwater, or any other substance whatsoever into the municipal stormwater drainage system or into waters of the United States. This includes, but is not limited to, household hazardous waste, used motor vehicle fluids, and collected quantities of grass clippings, leaf litter, and animal wastes. Discharger means any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility. Environmental Protection Agency (EPA) means the United States Environmental Protection Agency, or any duly authorized official of said agency. Harmful quantity means the amount of any substance that will cause pollution of waters of the state, the municipal stormwater drainage system, or that will present or may present imminent and substantial danger to the environment or to the health or welfare of persons. Illicit connections means any manmade conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to a TPDES permit (other than the TPDES permit for certain discharges from the municipal separate storm sewer), discharges resulting from fire fighting activities, and other allowable nonstormwater discharges. Municipal separate stormwater system (MS4) permit means a stormwater permit for municipalities to regulate stormwater discharges. Municipal separate stormwater sewer system means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catchbasins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the Cityand designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage. Also designated as MS4. Municipal stormwater drainage system operator means the Cityof College Station. Nonpoint source means any source of any discharge of a pollutant that is not a "point source." Operate means to drive, conduct, work, run, manage, or control a vehicle or machine. Operator means the party or parties that either individually or taken together meet the following two criteria: 1) They have operational control over the site specifications (including the ability to make modifications in specifications) and 2) they have the day to day operational control of those activities at the site necessary to ensure compliance with SWP3 requirements and any permit conditions. Point Source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural storm water discharges and return flows from irrigated agriculture. Pollutant includes, but is not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, toxic materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, cellar dirt, and industrial, municipal, recreational, agricultural waste, paints, varnishes, solvents, oil and automotive fluids, litter, discarded and abandoned objects, floatables, fecal coliform, pathogens, dissolved and particulate metals, pet wastes, and construction debris discharged into water or into the MS4. Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water of the state or water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Premises means lots, buildings, and any appurtenances situated thereon. Private means property or facilities owned by individuals, corporations, and other organizations and not by a City, county, state, or federal government agency. Public means propertyor facilities owned by a City, county, state, or federal government or agency thereof. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal stormwater drainage system, the water of the state, the waters of the United States. Stormwater means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt. TCEQ means the Texas Commission on Environmental Quality or successor. MS4 interest is delegated to the TCEQ upon authority of the EPA. Uncontaminated means not containing a harmful quantity of any substance. United States Code (USC) is the federal law containing the Clean WaterAct. Vehicle means any form of motorized conveyance that transports people, cargo, or any other objects. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Surface water in the state includes lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulations, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Waters of the United States means: (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate wetlands; (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters; i. Which are or could be used by interstate or foreign travelers for recreational or other purposes; ii. From which fish or shellfish are or could be taken or sold in interstate or foreign commerce; or iii. Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in this definition; waste treatment systems, including treatment ponds or lagoons designedto meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water, which neither were originally created in waters of the United States (such as disposal are in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any federal agency, for the purpose of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with the EPA. Wetland means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (B)PROHIBITIONS. (1)Discharge to municipal stormwater drainage system prohibited. A person commits an offense if the person discharges or causes to be discharged into the MS4 any release of a harmful quantity of any substance that is not comprised entirely of stormwater. (2)Exceptions: (a) It is an affirmative defense to prosecution, subjectto subparagraph (2) below, that the discharge was composed entirely of one or more of the following: i. A discharge authorized by, and in full compliance with, a TPDES permit (other than the TPDES permit for discharges from the MS4); ii. A discharge or flow resulting from fire fighting by the fire department; iii. A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any other chemical used in line disinfection; iv. A discharge or flow from normal lawn watering or landscape irrigation; v. A discharge or flow from a diverted stream flow or natural spring; vi. A discharge or flow from uncontaminated pumped groundwater or rising groundwater; vii. Uncontaminated groundwater infiltration (as defined at 40 CFR§ 35.2005(20)) to the MS4; viii. Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain; ix. A discharge or flow from a potable water source not containing any harmful substance; x. A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant; xi. A discharge or flow from individual residential car washing; xii. A discharge or flow from a riparian habitat or wetland; xiii. A discharge or flow from cold water (or hot water with prior permission of the Administrator) used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; xiv. Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals; or xv. A discharge or flow of uncontaminated stormwater pumped from an excavation. (b) No exception to enforcement shall be available under subparagraph (1) if: i. The discharge or flow in question has been determined to be a source of a pollutant or pollutants to the waters of the United States or to the MS4; ii. Notice of such determination has been provided to the discharger; and iii. The discharge has continued after the expiration of the time given in the notice to cease the discharge. (3)Illicit connectionsprohibited. (a) The construction, connection, use, maintenance or continued existence of any illicit connection to the MS4 is prohibited. (b) Connectionsthat were permissible when originally installed but that are now considered illicit must be brought into compliance within a timeframe designated by the Administrator. (c) A person violates this ordinanceif the person connects a line conveying sewage to theMS4 or allows such a connection to continue. (d) Improper connections in violation of this ordinancemust be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system. (C)EMERGENCY SUSPENSION OF SERVICE. Emergency suspension of utility service and municipal stormwater drainage system access. (1) The Citymay, without prior notice, suspend water service, sanitary sewer service or MS4 discharge access to a person discharging to the MS4, waters of the United States, or publicly owned treatment works when such suspension is necessary to stop an actual or threatened discharge which: (a) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or (b) Presents or may present imminent and substantial danger to the MS4 or waters of the United States. (2) When the Administrator determines that Cityprovided water or sanitary sewer service must be suspended pursuant to subsection (1), the Administratorwill request the director of water services to do so. (3) As soon as is practicable after the suspension of service or MS4 discharge access, the Administratorwill notify the violator of the suspension and order the violator to cease the discharge immediately. (4) If the violator fails to comply with an order issued under subsection (3), the Administratormay take such actions as the Administratordeems necessary to prevent or minimize harmful discharges to the MS4, waters of the United States, or to persons or wildlife. (5) The Citywill not reinstate suspended services or MS4 access to the violator until: (a) The violator presents proof, satisfactory to the Administratorand director of water services, that the noncomplying discharge has been eliminated and its cause determined and corrected; (b) The violator reimburses the Cityfor all costs the Cityincurred in suspending and reinstating water service, sanitary sewer connection, and MS4 access; and (c) The violator reimburses the Cityfor all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the MS4 incurred by the Citywhile responding to, abating, and remediating the discharge or threatened discharge. (6) A violator whose service or access has been suspended or disconnected may appeal the enforcement action to the Citymanager's attention, in writing, within ten days of notice of the suspension. The Citymanager will render a decision within seven days upon written receipt of the petition. (7) The remedies provided by this section are in addition to any other remedies set out in this ordinance. Exercise of this remedy is not a bar against, or a prerequisite for, taking other action against a violator. (8) A person commits an offense if the person reinstates water service, sanitary sewer service, or MS4 access to premises terminated pursuant to this section, without the prior approval of the Administrator. (D)NON-EMERGENCY SUSPENSION OF SERVICE. Non-emergency suspension of utility service and municipal stormwater drainage system access. (1) The Citymay suspend the Cityprovided water supply, sanitary sewer connection, or MS4 access for any person failing to comply with previous notices to cease discharges to the MS4 in violation of this ordinance. Utilities will be subject to suspension if such measures would abate or reduce the discharge. (2) The Administrator will notify a violator of the proposed suspension of its water supply, sanitary sewer connection or MS4 access. The violator may petition the Administrator for a reconsideration and hearing before the CityManager. (3) The Citywill not reinstate suspended services or MS4 access to the discharger until: (a) The violator presents proof, satisfactory to the Administrator, that the non- complying discharge has been eliminated and its cause determined and corrected; (b) The violatorreimburses the Cityfor all costs the Cityincurred in suspending and reinstating water service, sanitary sewer connection, and MS4 access; and (c) The violator reimburses the Cityfor all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the MS4 incurred by the Citywhile responding to, abating, and remediating the discharge or threatened discharge. (4) The remedies provided by this section are in addition to any other remedies set out in this ordinance. Exercise of this remedy is not a bar against, or a prerequisite for, taking other action against a violator. (5) A person commits an offense if the person reinstates water service, sanitary sewer service, or MS4 access to premises terminated pursuantto this section, without the prior approval of the Administrator. (E)CONTROL AND CONTAINMENT REQUIREMENTS. (1)Spill or release corrective actions, responsibility, and compensation. (a) Spills or leaks of polluting substances discharged to, or having the potential to be indirectly transported to, the MS4, shall be contained, controlled, collected, and removed promptly. All affected areas shall be restored to their preexisting condition. Any costs of the containment, control, collection, removal, or restoration incurred by the Citywill be reimbursed to the Cityby the person associated with the spill or leak. (b) Persons associated with the spill or leak must immediately call 911 to notify emergency personnel of all spills or leaks of polluting substances. Notification does not relieve any person of any costs related to the restoration, loss, damage, or any other responsibility which may be incurred as a result of the spill or leak, nor will the notification relieve any person from other responsibility which may be imposed by state, federal, or other law. (c) Any person operating a vehicle that causes or results in an accidental discharge or release to the MS4 is responsible for costs of any testing, containment, cleanup, abatement, removal and disposal of contamination to the extent determined by the Administrator. (2)Stockpiling, accumulations, and heaps. (a) Stockpiles, accumulations, and heaps comprised of soil, sand, mulch, trash, asphalt, aggregateor any other material deemed a pollutant by local, state, or federal regulations, which are located within the Citylimits and present a real or perceived potential of discharging to the MS4 are subject to control measures to prevent introduction into theMS4. (b) The Administrator has the authority to necessitate the use of control measures to mitigate the introduction of pollutants to the MS4. Failure to implement control measures as prescribed by the Administrator will result in enforcement as described inthis ordinance. (c) Stockpiles, accumulations, and heaps discovered to be discharging pollutants to the MS4 are subject to enforcement as described in this ordinance. (F)ENFORCEMENT. (1)Enforcement Responsibility. The Administrator or his designee has the responsibility for enforcementof the provisions of this ordinance. The duties include not only the issuance of permits as required by this ordinance, but also the responsibility of ensuring that all facilities conform with this subpart and with any other applicable state and federal laws, requirements and regulations of this Code of Ordinances or of the City. The Administrator has the authority to adopt policies and procedures not inconsistent with the terms of this ordinancenecessary to implement the provisions of this division. (2)Violations. (a) Violation of the provisions of this ordinanceor failure to comply with any of its requirements shall constitute a misdemeanor. Each violation shall be deemed a separate offense for each and every day during which any violation of any of the provisions of this ordinanceis committed or continued. Any person found guilty of violating a provision of this ordinancemay be punished as provided for in Section 1-5of this Code. (b) The owner or operator of any facility, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. (c) A violation of this section is also declared a nuisance and may be enforced five thousand (5,000) feet outside the CityLimits. (3)Notice of violations. If the Administrator determines that there is a violation of this ordinance, notice will be sent to the property owner or operator of record by registered or certified mail, unless deemed an emergency pursuant to Part Cof this ordinance. The notice will specify the measures required to come into full compliance with this ordinanceand shall specify the timewithin which the measures must be completed. Failure to comply within the time specified is a violation of this ordinanceand subject to additional penalties outlined herein. (4)Voluntary compliance. The Administrator has the authority to instruct an operator of a facility that commits any acts prohibited by this ordinanceto achieve voluntary compliance as determined by the Administrator. The Administrator will provide a reasonable amount of time, specificto the occurrence, to remedy the violation. (5)Stop orders. The Administrator has the authority to issue stop work orders for any facility that commits any acts prohibited by this ordinance. (6)Appeals, interpretation, and variances. Where applicable, any appeals, interpretations or variances of the Administrator’s designee shall first be to the Administrator, then to a court of competent jurisdiction. Any appeals, interpretations or variances of the Administrator shall be to a court of competent jurisdictiondirectly. CHAPTER12 UNIFIEDDEVELOPMENTORDINANCE ARTICLE7–GENERAL DEVELOPMENT STANDARDS …. SECTION 7.8–FLOOD HAZARD PROTECTION …. SECTION 7.13–DRAINAGE AND STORMWATER MANAGEMENT A.GENERAL. 1.Purpose and intent. This ordinanceestablishes methods for controlling the introduction of pollutants into the municipal stormwater drainage system and establisheslegal authority for the City to carry out all inspections, surveillance, monitoring and enforcement procedures necessary to ensure compliance with the MS4 permitfor industrial and construction activity. 2.Compatibility with other regulations. a. This ordinanceis not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinanceare in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where anyprovision of this ordinanceimposes restriction of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. b. Any reference to this section shall also apply to Chapter 7, Section13 of this Code of Ordinances,and both Sections shall be interpretedand enforcedin conjunction with each other, where applicable. 3.Definitions. In this section: Best management practices (BMP) means schedules of activities, practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the municipal stormwater drainage system and waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Construction activityor construction activities include clearing, grading, and excavating that are subject to TPDES General Construction Permits. It does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Additionally, itdoes not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing rights-of-way, and similar maintenance activities. Construction site means any construction site required by the Clean WaterAct to operate within the limits of a TPDES permit to discharge stormwater associated with construction activity. Construction site notice (CSN) means a written submission to the MS4 operator from an applicant stating that a small construction activity will be commencing and will operate under the provisions of the TCEQ General Permit TXR150000. Facility means any facility, industrial facility or construction site, required by the Clean Water Act to have a permit to discharge stormwater associated with industrial or construction activity. Final Stabilization means that: a. All soil disturbing activities at the Site have been completed and either of the two following criteria are met: 1) A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures; or 2) Equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. b. When background native vegetation or other appropriate vegetation will cover less than 100 percent of the ground (e.g., arid areas, beaches), the 70 percent coverage criteria is adjusted as follows: if the native vegetation or other appropriate vegetation covers 50 percent of the ground, 70 percent of 50 percent (0.70 X 0.50 = 0.35) would require 35 percent total cover for final stabilization. On a beach with no natural vegetation, no stabilization is required. c. For individual lots in residential construction, final stabilization means that either: 1) The homebuilder has completed final stabilization as specified above; or 2) The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization. d. For construction Projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to ‘‘Surface Waters of the State,’’ and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria (1) or (2) or (3) above. Industrial facility means any facility required by the Clean Water Act to have a permit to discharge stormwater associated with industrial activity subject to TPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). Notice of change (NOC) means the notification of changes to SWP3 that is required by the TPDES Stormwater Permits. Notice of intent (NOI) means the advance notification that is required by the TPDES Stormwater Permits prior to commencement of work. Notice of termination (NOT) means the notification that is required by the TPDES Stormwater Permits upon completion of work. Regulated activity means an activity occurring at an industrial facility or construction site, which qualifies the facility or site to acquire a permit to discharge stormwater under the Clean Water Act. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal stormwater drainage system, the water of the state, the waters of the United States. Stormwater discharge associated with industrial activity means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial facility. The following categories of facilities are considered to be engaging in "industrial activity": a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR. subchapter N (except facilities with toxic pollutanteffluent standards which are exempted under category (11) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373; c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR § 434.11(1) because the performance bond issued to the facility by the appropriate federal Surface Mining Control and Reclamation Act (SMCRA) authority has been released, or except for areas of noncoal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990 and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status ora permit under subtitle C of the Federal Resource Conservation and Recovery Act (RCRA); e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of RCRA; f. Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including but limitedto those classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 422125), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance, equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (1)-(7) or (9)-(11) of this definition are associated with industrial activity; i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used inthe storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the Facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas thatare in compliance with section 405 of the Clean Water Act; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less than one acre of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications (SIC Code) 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 422125, (and which are not otherwise included within categories (2)-(10) of this definition); Stormwater pollution prevention plan (SWP3) means a plan required by a TPDES permit to discharge stormwater associated with industrial activity or construction activity and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in stormwater discharges from industrial facilities and construction sites. Texas Pollutant Discharge Elimination System (TPDES) means the regulatory program delegated to the State of Texas by the EPA pursuant to 33 USC § 1342(b). TPDES Permit means a permit issued by the TCEQ under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable on an individual, group, or general area-wide basis. B.PROHIBITIONS. 1.Unpermitted discharges prohibited. It is an offense for an operator or responsible party of a facility to: a. Discharge, or cause to be discharged, stormwater associated with industrial or construction site activity without first having obtained a TPDES permit from the TCEQ. b. Operate a facility that is discharging stormwater associated with a construction site activity without having submitted a copy of the NOI or construction site notice to the City. c. Introduce sediment, concrete, asphalt or any other construction debris into the MS4 from a construction activity. The Administrator will provide the operator a reasonable amount of time, to remove any pollutants or debris from the MS4 conveyances. C.FACILITYINSPECTIONFORSTORMWATERDISCHARGES. 1.Applicability for industrial and construction activity. a. This sectionapplies to all facilities located within the Citylimits that have stormwater discharges associated with industrial activity or construction site activity. State regulations require that subject facilities apply for and obtain general permits for industrial facilities (TPDES TXR050000) and construction sites (TXR150000) that have been determined to contribute or have the potential to contribute substantial pollutant loads to the MS4 or waters of the state. The general permits require that the permittee develop, implement, and maintain a stormwater pollution prevention plan (SWP3) and submit a NOI notifying the TCEQ and the MS4 operator (City of College Station). b. The MS4 permit issued to the Cityby the TCEQ mandates the Cityto "Carry out all inspections, surveillance, and monitoring procedures necessaryto determine compliance with permit conditions" (Part III (E)(6)) and to implement a program that shall include "Inspection of construction sites and enforcement of control measure requirements" (Part III (A)(9)(b)). To meet these requirements the Citymust enter onto the premises of industrial and construction sites to inspect, monitor, and conduct surveillance of requirements mandated by the TCEQ. These requirements include, but are not limited to: 1) Review of the facilities' SWP3 with onsite conditions; 2) Evaluation of BMP to effectively prohibit the discharge of nonstormwater to the MS4; 3) Inspection for illicit connections and illicit discharges; 4) Self inspection compliance; and 5) Compliance with the City's MS4 permit and the facilities subject general permit (TXR150000 or TXR050000). 2.Access to industrial facilities and construction sites. a. The intent of facility inspections shall be to determine compliance with the conditions of the City's TPDES permit, any TPDES general permit the facility is currently obligated to for industrial and construction activities, and this ordinance. Facility owners and operators will allow the Administratorready access to applicable sections of public and private premises for the sole purpose of inspection, surveillance, and monitoring for the presence of illegal discharges to the MS4, illicit connections to the MS4, and assessment of any portions of a regulated facility influenced by stormwater runoff that may adversely affect the MS4 or waters of the United States. b. Admittance to the facility shall be requested at a reasonable time during the facilities normal working hours unless it is determined by the Administratorthat imminent and substantial danger exists. c. The owner or operator shall make all necessary arrangements to allow access to the Administrator. d. If the owner or operator refuses entry after a request to enter and inspect has been made, the Cityis hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. e. The Administratorretains the authority to collect samples and photographs from stormwater outfalls or other components of the MS4 as may be deemed appropriate in the administration and enforcement of this ordinance. f. The Administratorhas the authority to establish on subjectfacilities devices as are necessary in the opinion of the Administratorto conduct monitoring of the facility's stormwater discharge. g. The Administratoror the designated inspector must present appropriate credentials to the facility officials at the time of entry to a facility. 3.Review and modification of stormwater pollution prevention plans. a. The Administratorhas the authority to request to review any documents or plans (stormwater pollution prevention plan, spill prevention control plans, hazardous material plans, waste management documentation, etc.) from a regulated facility that the Administratordeems mayaffect stormwater discharges to the MS4. b. The Administratormay require an operator of a regulated facility to modify its stormwater pollution prevention plan if the stormwater pollution prevention plan does not comply with the requirements of the facility's TPDES permit to discharge stormwater associated with industrial or construction activity. c. The deficiencies in a facility's stormwater pollution prevention plan will be communicated in writing, and the Administratorwill provide the operator a reasonable amount of time to make the necessary changes in the stormwater pollution prevention plan. 4.Review and modifications of best management practices. a. Any person engaged in activities or operation, or owning facilities or property, which will or may result in pollutants entering the MS4 or waters of the United States, shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a regulated facility shall prove reasonable protection fromaccidental discharge of prohibited materials or other wastes into the MS4 or waters of the United States. Practices implemented to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. b. The Citydoes not maintain a list of required or approved BMPs for regulated facilities. The Administratormay request facilities to demonstrate the effectiveness of implemented BMPs. Suggested BMPs and a list of prohibited BMPs will be maintained in the B/CS Drainage Design Guidelines. c. The Administratormay require an operator of a regulated facility to modify its BMP if the BMPs do not provide effective protection from accidental discharge of prohibited materials or other wastes from entering into the MS4 or waters of the United States. d. The deficiencies in a facility's BMP will be communicated in writing, and the Administratorwill provide the operator a reasonable amount of time to make the necessary changes in the BMPs. 5.Compliance withpermit. a. A facility shall be operated in strict compliance with the requirements of the TPDES permit to discharge stormwater associated with industrial or construction site activity. b. A person commits an offense if the person operates a facility in violation of a requirement of the facility's TPDES permit to discharge stormwater associated with industrial or construction site activity. D.STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY. 1.Applicability. This subsectionapplies to all facilities located within the Citylimits that have stormwater discharges associated with industrial activity. 2.Industrial and high risk runoff monitoring. a. All hazardous waste treatment and storage facilities, active municipal landfills, facilities subject to section 313 of Title III of the Superfund Amendment and Reauthorization Act of 1986 (SARA), and any other industrial discharger the City determines is contributing a substantial pollutant load to the MS4 shall submit self- monitoring data to the Cityon an annual basis. Submittal date of self-monitoring data is to be determined by the Administrator. b. The City's MS4 permit requires that all industrial facilities listed in (1) be subject to site inspections of no less than once per permit term (five years). However, the Administratorhas the authority to inspect these industrial facilities as often as deemed necessary to assure permit compliance and safety ofthe MS4 and waters of the United States. c. An unreasonable delay or refusal to submit self-monitoring data to the Administrator is a violation of this ordinance. A person who is the operator of an industrial facility with a TPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Administratorreasonable access to a facility's self-monitoring data for the purpose of review required by this ordinance. d. An industrial facility may submit a "no exposure" certification to the Cityin lieu of self-monitoring; however, any facility operating under a "no exposure" certification is subject to periodic facility inspections (not less than once per permit term—five years) to verify the facility's "no exposure" exemption. e. The Citymay waive monitoring requirements for industrial facilities determined to be in compliance with the TPDES Multi-Sector General Permit Number TXR050000. f. The Administratorhas the authority to conduct inspections on any industrial facility subject to the TCEQ's TPDES Multi-Sector General Permit or has been deemed to be, or has potential to be, contributing a substantial pollutant load to the MS4 to determine compliance and safety of the MS4 and waters of the United States. E.STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY. 1.Applicability. This subsectionapplies to all facilities located within the Citylimits that have stormwater discharges associated with construction activity. 2.Submission of notice of intent, notice of change, notice of termination or construction site notice to municipal stormwater drainage system operator. a. The operator of a construction site required to have a TPDES permit to discharge stormwater associated with construction activity shall submit a copy of the above notices to the Administratorat the same time the operator submits the original notice to theTCEQ. b. The operator of a construction site which does not require a NOI is required to submit, per TCEQ's TPDES general permit for construction sites, a construction site notice to the Administrator. c. Copies of all notices may be delivered to the Administratoreither in person or by mail. F.ENFORCEMENT. Any person found guilty of violating a provision of this ordinancemay be punished as provided for in Chapter 12, Article 10, Section 6of this Codeof Ordinances. CHAPTER12 UNIFIEDDEVELOPMENTORDINANCE …. ARTICLE10–ENFORCEMENT …. SECTION 10.6–SPECIFIC ENFORCEMENT AND PENALTIES FOR DRAINAGE AND STORMWATER MANAGEMENT A.Enforcement Responsibility. The Administrator or his designee has the responsibility for enforcementof the provisions of this ordinance. The duties include not only the issuance of permits as required by this ordinance, but also the responsibility of ensuring that all facilities conform with this subpart and with any other applicable state and federal laws, requirements and regulations of this Code of Ordinances or of the City. The Administrator has the authority to adopt policies and procedures not inconsistent with the terms of this ordinancenecessary to implement the provisions of this division. B.Violations. 1. Violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Each violation shall be deemed a separate offense for each and every day during which any violation of any of the provisions of this ordinance is committed or continued. Any person found guilty of violating a provision of this ordinance may be punished as provided for in Section 1-5 of this Code. 2. The owner or operator of any facility, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. 3. A violation of this section isalso declared a nuisance and may be enforced five thousand (5,000) feet outside the City Limits. C.Notice of violations. If the Administrator determines that there is a violation of this ordinance, notice will be sent to the property owner or operator ofrecord by registered or certified mail, unless deemed an emergency pursuant to Chapter 7, Section 13, Part Cof this Code. The notice will specify the measures required to come into full compliance with this ordinanceand shall specify the time within which the measures must be completed. Failure to comply within the time specified is a violation of this ordinanceand subject to additional penalties outlined herein. D.Voluntary compliance. The Administrator has the authority to instruct an operator of a facility that commits any acts prohibited by this ordinanceto achieve voluntary compliance as determined by the Administrator. The Administrator will provide a reasonable amount of time, specificto the occurrence, to remedy the violation. E.Stop orders. The Administrator has the authority to issue stop work orders for any facility that commits any acts prohibited by this ordinance. F.Appeals, interpretation, and variances. Where applicable,any appeals, interpretations or variances of the Administrator’s designeeshall first be tothe Administrator, then toa court of competent jurisdiction.Any appeals, interpretations or variances of the Administrator shall be to a court of competent jurisdiction directly. ”