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HomeMy WebLinkAbout2016-3762 - Ordinance - 04/28/2016 ORDINANCE NO. 2016-3762 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 AND GS GENERAL SUBURBAN TO PDD PLANNED DEVELOPMENT DISTRICT FOR APPROXIMATELY 4.2566 ACRES BEING ALL OF LOTS 1,2A,AND 2B,BLOCK A OF THE PETTERAK SUBDIVISION AND A 0.768 ACRE TRACT OF LAND CONVEYED TO MYRNA HUGHES (PREVIOUS IN CHAIN), AS DESCRIBED IN DEED RECORDED IN VOLUME 889, PAGE 315 OF THE SAID OFFICIAL PUBLIC RECORDS, AND FURTHER BEING THAT SAME TRACT OF LAND CONVEYED TO 803 WELLBORN. LTD. AS DESCRIBED IN DEEDS RECORDED IN VOLUME 1375, PAGE 164, VOLUME 2515,PAGE 169, VOLUME 7667, PAGE 148, AND VOLUME 11337,PAGE 184,ALL OF THE SAID OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, COLLEGE STATION, TEXAS, GENERALLY LOCATED AT 801 WELLBORN ROAD, MORE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WELLBORN ROAD AND LUTHER STREET; 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", as described in Exhibit "B", as shown graphically in Exhibit "C", and as shown on the Concept Plan in Exhibit"D", 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. PASSED, ADOPTED and APPROVED this 28th day of April, 2016 ED: .g=7,ilicrtrx MAYOR ATTEST: City Secret APP.' �► D: I Ai C ty r ttorriey '■ Ordinance No.2016-3762 Page 2 of 5 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 and GS General Suburban to PDD Planned Development District, as described in EXHIBIT "B," as graphically depicted in EXHIBIT" C", and as shown on the Concept Plan in EXHIBIT "D": t-Thcr as Lint Suroeyrng surveying • Planning • ProjectManaterrtent lotwasl 21.NIS .1 `.5ri4 Acnis liletitnotei tor t.3 tin aovi iif Witt ion in Ma l J 1t4r 1U Ilurttdit Logue..\b teuct i'I i.7 to Lirtl2ils County, feces.being:01 of Lot t,Lot 2:A aw.l Lot 313, Block A of Peiterak Sutstllsi.ir+n,the rnap isr plat thereof recorded in Volume 181111,Page 171 of the Official Public Recortla of Ilrazo.i Courtly.and all of that certain RAS acre tract id-bald Conveyed IIx p(ypnB title Iles(previous ill chatil4 its described in deed recorded iii Viilttrtne i11'i. Page 315 of Ore saki Official I'llhlk Records. aIKJ further tieing that Came tract iii land evuiseye(1 to 1111,1 Wellhorn.,I.ttl:,at deicrihoil in deed*reonriled in Volume 1.175,Page I Vohhne .1111. Page J,'J, Volume 1114.i,Page 1411,and Volume I13d1,Page 184,all of the said Ullaeial Public Records, 1;10 11566 B66 acre tract of land[cling more particularly describes)by metes and hounds as tiilluevs: IJP.Ci1P1NlN(i at a RS Inch steel roil with cap set in the Northeast line of 1'.:11. Hwy. No.2I54{aka Wellborn Road), iii ite hncriection with the 5outhea..t line tit Luther Road, said point being the most Westerly corner,J"said Lot I,Block A and the herein described tract, )"hence,Norah 1,1'2'2'00"tacit,1d9,22 rem with the Soietwast find of told Luther Street and the Northwest liar tit said bide;k;1 In a if2 inch steel nid{control monument]found marking the most Northerly or Norlheasi airier of said 'Thick A and the herein described Inlet, said point ilio bring the most Westerly corner id SI Ali Village,the neap or plat thereof;worded ht.Volum:286.Page 6918 of Ale said Official Public Rectnik: Thence, Smith 2.1'.52'0.1" Lust,S77.fd feet with the Southwest tine of sold Southgate Village 31141 the Northeast kine of weed Block A Io a 5f11 inch.steel pod with yap set for an e.uerior ell coiner of the herein described triter,said point being the most Easterly corner of said Lot.211,Block A,said point also being an intanor ell corner if said Southgate Vill.tpe; 'thence,South fi.i"l44"09"West,91.14 feet with the common line of tail Southgate Village and said Block A to a Sell inch steel rod with cap set at an interior ell corner of the herein described tract,said point Ping un esbornir ell corner ret said Southgate Village,.sold point also being the most Northerly corner .1 lie send 0,")64 aorta tract,from which posit,a 1(2 iteet rod hears South 59'19'EWA,1.4 feet: Thence. SLihAl 23'4:'1)V l olt.Ii) feel sLti11 the $dtnhiweno line Of Said Southgate Village Lind the ?e,irrheast liar,of rile said LJ 768 acre tract io a lit inch creel rain(control nuuniuncnll laund tnoking the pinup li:a.,th'ty or Southeast cornet of the herein described tract,s,tn.l p.011 being art interio7 ell corner nt sate Southgate Village; [hence,South 62 West, 1996r feet with the Nuiotheast line of the said 11,768 acre tract unit the cumruun line of send Southgate V*lege to a d/d Melt steel rani iailh cap set in itte.Northeast line of said Wellborn Riad for the i,ist Si otherly or Sotnhweit corner of the said 0 led,tete tract and the herein desk ill's)tract..;uhf p.iinn Iti(rrg airenlarioo ell corner,if;ai<I 3esuthyuut Village: 14140 Torrty Chase 81vd.,Suite 170• Ftouston,-MAAS 111781 t13I1 t0.7t10 • Fax Hall 140 4711 ww w>theneasinndsurveyina.com Ordinance No.2016-3762 Page 3 of 5 EXHIBIT "B" General: The proposed Concept Plan allows the existing use to expand. The applicant provides the following background information for the proposed zoning request. "The purpose of the Planned Development District is to promote and encourage innovative commercial development that is sensitive to surrounding land uses near the Southside neighborhood while catering to the development needs close to Texas A&M University's Main Campus. This District intends to provide a more dense residential development that is anticipated for the area while also providing potential commercial opportunities that would serve residents and visitors of the City of College Station". Modifications Requested: MU Mixed-Use and GC General Commercial is proposed as the base zoning districts with the following modifications. All other standards not expressly requested and approved will meet the standards of the respective zoning districts: Section 12-7.7 Buffer Requirements - The changes to this section are as follows: • Applicability: A buffer shall only be required along the back perimeter of the commercial building site where the property abuts an area zoned for single-family residential use. A buffer will not be required along the internal boundary between the Multi-Family and commercial building internal to the site in order to maintain a unified and cohesive development. Section 12-5.4 "Non-Residential Dimensional Standards— • Applicability: For the restaurant use, the front setback will be consistent with the MU Mixed-Use zoning district setback to more closely maintain a consistent building line along Wellborn Road. The commercial zoning district base will use a minimum 0-foot front setback and a maximum 15-foot front setback. Section 12-7.13 "Traffic Impact Analysis— • If the project triggers the threshold requiring a Traffic Impact Analysis,the applicant is required to address this with the site plan of the first phase of the development which will review the entire project and not each individual phase. Ordinance No.2016-3762 Page 4 of 5 EXHIBIT "C" ,1•-.w -� CO ..w. r L M - N CO V m° U.1 T tV a z ,..4. vo.., , / O M — m .\� r ["3(Nsr F Uz d 4Fyam ° '0oEQ asg p° 04ZW 0 % i�zz pp w ,07 <Y0019m _ 8 'Eli r A / N J (0 ' a3 aUa % (\3 Ln / �Lcv7 h- n V-L,...., 0� 00-000>60 ac N '� ] ©U „ Ci0 r re to A (9 X11 `� O vt Jmow.. In - r L . I- `° >.... 9 0. : a4. .- , u .„ n ('l,� irN aVS cnm. rl LC) �.• 0 Ce itilt:\\. � NO= 111! .,, ' ' i or co : IV cl .; eS,., Al\V$iii la 4-_ili )rk VX • ..i. N SS CO `, ctN g« ' 0 n 'g-gs �E- g ua tx `, c"' N / 4= 10'2. CO�G � am� uEM r . - • �� 8Q 4c IE, ---...-----' vme, u aao�i�ucim 51 (1_' y \ Z Sc 9 Lu q oma o COiA � F.J ▪ o # l = CO Ordinance No.2016-3762 Page 5 of 5 EXHIBIT "D" CONCEPT PLAN _____---- M.7 BUILDING AREAS ' .• ' PARK AREA ------ - i---- -- M DEDICATED TX ROW „..- ----- _-- DRIVE AREA I'A:. : G& ..3•••'".. I CH ECKUST ITEMS PARKI N : '.,:::&:::::•:-:•."3 -ARTIFICIAL LIGHTING NOT ....-, ADDRESSED IN THIS PDD -A- .."...- -NO OPEN SPACES/ v./ CONSERVATION AREAS ---- ...e...0". MULTIFAMILY ',";,,...-- ADDRESSED IN THIS POD ...-..- RI DG ..•'.•. -NO GREENWAYS ADDRESSED IN THIS POD „,..1 -' NO SCHOOLS IN THE .-- "v., IMMEDIATE AREA '-- -NO TRAILS IN IMMEDIATE ' e....-3 AREA ' -BUFFER AREA ADDRESSED IN J PED APPLICATION ":;..e. -f40 SPECIAL FEATURES Ae ADDRESSED IN THIS PDD L..- .., UILDING'HEIGHT WILL.BE ,e, LIMITED TO[ASTER WOOD AIRPORT HEIGHT ..", A e RESTRICTIONS -1. f..:1 ..-e -UNLESS A MODIFICATION 1 ...-,..,..,. • WAS GRANTED,THE SITE PARKING GARAGE;.'•• ' • SHALL COMPLY WITH THE ALL ENVELOPE ZONING AND DEVELOPMENT ..".., ' STANDARDS WITHIN THE BASE 0 _.„to tiri z ZONING DISTRICTS SITE IS NOT WITHIN THE.10D !PSI ka if- •.'-:1 3-..- ' / YEAR FLOODPLAIN AND FLOOD WAY .-:) ,,..., -..d .., • ••. RV 1.1 ..14Z• •••"1"/":.., .,..▪..." t••r. e,-.... A//.....'..', •'.," ‘.• Ie'Y. II•04.',F7F;... 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