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HomeMy WebLinkAbout2015-3691 - Ordinance - 08/27/2015 ORDINANCE NO. 2015-3691 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM GC GENERAL COMMERCIAL TO PDD PLANNED DEVELOPMENT DISTRICT FOR APPROXIMATELY 12 ACRES BEING SITUATED IN THE ROBERT STEVENSON SURVEY, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING PART OF LOT 3 - 15.81 ACRES, BARRON PARK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 939, PAGE 209, OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, SAID LOT 3 BEING DESCRIBED IN THE FOLLOWING THREE DEEDS:TO DWS DEVELOPMENT,INC.,IN VOLUME 3082,PAGE 297, AND VOLUME 4735,PAGE 142,BOTH OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND TO MEL FORMBY IN VOLUME 4802,PAGE 89, OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, LOCATED ON THE NORTHERN BOUNDARY OF CHRIST UNITED METHODIST CHURCH ALONG STATE HIGHWAY 6 SOUTH,; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas,be amended as set out in Exhibit"A"and described on Exhibit"B", as shown graphically in Exhibit"C"and Exhibit "D", with general notes in Exhibit "E", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars($25.00)nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PART 4: Said Ordinance will not become effective unless a deed executed for purchase of the properties is recorded in the Official Records of Brazos County, Texas on or before November 30, 2015. ORDINANCE NO. 2015-3691 Page 2 PASSED, ADOPTED and APPROVED this 27th day of August, 2015 APPROVED: MAYOR ATTEST: Xity/'((1-Atr7Yet4IL____SecreY APPROVED: CMS- )4, . City Attorney ORDINANCE NO. 2015-3691 Page 3 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from GC General Commercial to PDD Planned Development District, as described in EXHIBIT"B," as graphically depicted in EXHIBIT" C"and EXHIBIT"D", with general notes in Exhibit "E": 12.31 acres Part of Lot 3-Barron Park Subdivision Robert Stevenson Survey,A-54 College Station,Brazos County,Texas Field notes of a 12.31 acre tract or parcel of land,lying and being situated in the Robert Stevenson Survey.Abstract No.54,College Station,Brazos County,Texas,and being part of Lot 3- 15.81 acres, Barron Park Subdivision, according to the plat recorded in Volume 939, Page 209,of the Official Records of Brazos County,Texas,said Lot 3 being described In the following three deeds: to DWS Development, Inc., in Volume 3082, Page 297, and Volume 4735, Page 142,both of the Official Records of Brazos County, Texas,and to Mel Formby in Volume 4802, Page 69,of the Official Records of Brazos County,Texas,and said 12.31 acre tract being more particularly described as follows: BEGINNING a1 a Ya" iron rod and cap set at the common corner between the beforementioned Lot 3-15.81 acres,and Lot 1 -15.00 acres,of the beforementioned Barron Park Subdivision,and in the southwest line of a 100.64 acre tract described in the deed to The City of College Station,Texas, recorded in Volume 6927,Page 226,of the Official Records of Brazos County,Texas; THENCE S 44°21' 19"W along the common line between the beforementioned Lot 3, and the Following two lots: the beforementioned Lot 1 and Lot 2 - 9.82 acres of the beforementioned Barron Park Subdivision, at a distance of 690.91 feet pass the common corner between Lots 1 and 2, continue on for a total distance of 1002.10 feet to an°X"set In concrete; THENCE N 44"34' iT'W parallel to the northeast right-of-way line of State Highway No.6 for a distance of 538.30 feet to a'h"iron rod and cap set In the common line between the beforementioned Lot 3.and a 46.609 acre tract described in the deed to The City of College Station,Texas, recorded in Volume 3310, Page 321,of the Official Records of Brazos County, Texas; THENCE N 44"40' 14"E along the common line between the beforementioned Lot 3, and the beforementioned 46.609 acre tract,for a distance of 1009.63 feet to a 34"iron rod and cap set at the common corner between the said Lot 3 and the 46,609 acre tract and in the southwest line of the beforementioned 100.64 acre tract; THENCE along the common line between the beforementioned Lot 3, and the beforementioned 100.64 acre tract,adjacent to an up and down fence,as follows: S 43°29'51"E for a distance of 463.87 feet to al/1"Iron rod and cap set, S 44°20'19"E for a distance of 30.51 feet from which a twin 12"post oak tree bears N 61°00'E-1.9 feet, 5 46°27'41"E for a distance of 36.61 feet to the PLACE OF BEGINNING, containing 12.31 acres of land,more or less, 0c� 4 Surveyed:Ma 15 o N tA, Ct-tr+NO t"R3 0 S.M.Kling .f '` ' V R.P.L S.Na.2 ORDINANCE NO. 2015-3691 Page 4 EXHIBIT "B" General: The proposed PDD Planned Development District zoning uses a base zoning district of MF Multi-Family. The development is intended to provide a senior independent housing and assisted living option to the elderly and aging residents of College Station. The proposed Concept Plan includes units for senior independent living, assisted living,memory care, and skilled nursing in different phases. All structures will be a maximum of 4-stories tall and may have architectural elements above 4-stories that could be as tall as 70 feet above ground level(e.g., cupolas). If a trail system is provided around the pond common area it will be privately owned and maintained. Certain structures will incorporate covered parking for residents at grade/first floor level. A Public Way will be provided along the shared property line with Christ United Methodist Church from State Highway 6 to the future Lakeway Drive. Meritorious Modifications The following modifications are approved through this PDD zoning. All other standards of the MF Multi-Family district will be met with development. • Density: The applicant requests to reduce the minimum density requirement from 12 dwelling units per acre to 9 dwelling units per acre. • Parking: The applicant requests to reduce the number of parking spaces for multi-family units from 1.5 spaces per bedroom for 1 and 2 bedroom units to 1 parking space per bedroom. Additional Parking will be provided for other uses on-site at the ratios required as per the Unified Development Ordinance. Community Benefits: The applicant offers the following as community benefits: • The unique product of this development is to meet the needs of the growing retiree population and provide a residential option with on-site care facilities. • The development will provide a direct access to the new hike and bike trails for its residents and other consumers to utilize. • A location convenient to hospitals and medical facilities which lessens the burden on the City's transportation system. • The proximity of the project to Christ United Methodist Church is advantageous as it provides access to the church to allow participation in the Church's programming within walking distance. ORDINANCE NO. 2015-3691 Page 5 EXHIBIT "C" cti;t50 1 0 08 z gzU I. °' Z 4. . N Oi OI } R W N >,t3 O 4.o O 8 M o V a SLU Z 2,0zzz„ m�, ix I > E 1— ootsTloog o ZkzE � 'v o m`'' 0@y $y N p.. 0,-. e o c, -N t) � � 0 1 I I ❑ I re d 0. d2Z2 0tYY 00 Q \\\\Nce 4,:t7 1#0 O I ?2 4 U LL S,' .. of W .........._ CRZ 4 >.11. 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I 114, II 1 ! iitt linrifi .,/ 'Ilili ,I li POI liplill illii _'5,. ,., li I ill' It 1111 till 'i IIFI bIn' Ribillrif!, • ORDINANCE NO. 2015-3691 Page 7 EXHIBIT "E" Concept Plan General Notes: • All structures will be a maximum of 4-stories tall and may have architectural elements above 4- stories that could be as tall as 70-feet above ground level (i.e. cupolas, etc.) • If a trail system is provided around the pond common area it will be privately owned and maintained. • Certain structures will incorporate covered parking for residents at the grade/first floor level/ • The greenspace/common area/floodplain/detention area shall be privately maintained. • A portion of this property is located within a Zone AE Special Flood Hazard Area. Where portions of the floodplain are filled, a No Adverse Impact drainage analysis and certification must be provided certifying that the fill will not cause flooding to upstream/downstream properties. • As much as possible, flows from the site and existing flows from Christ United Methodist Church to the south shall be collected and conveyed to the proposed retention pond. Some areas along the north side of the site shall be release un-detained along the northern property line in a fashion similar, but at a lesser rate, to the existing condition. Flows from the proposed retention pond shall be conveyed to the existing channel at the northern property line. An environmental study has been performed which identify some jurisdictional areas. We will comply with all USACE requirements with regard to the jurisdictional areas. Flows from the commercial sites along State Highway 6 shall be conveyed in a pipe in an easement along the northern property line to the existing channel. Detention for the commercial sites shall be provided on the commercial sites.