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HomeMy WebLinkAbout2018-4019 - Ordinance - 06/14/2018ORDINANCE NO. 2018-4019 AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 30.8 ACRES BEING ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE A. BABILLE SURVEY, ABSTRCT NO. 76, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 1R, BLOCK 3, GREENS PRAIRIE CENTER PHASE 3 ACCORDING TO THE PLAT OF RECORD IN VOLUME 10490, PAGE 136 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS AND A PORTION OF THE REMAINDER OF A CALLED 19.466 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 BY A DEED TO BRAZOS TEXAS LAND DEVELOPMENT. LLC RECORDED IN VOLUME 8813, PAGE 126 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID PORTION OF LOT 1R BEING ALL OF LOT 1R SAVE AND EXCEPT A 0.429 ACRE AREA ENCOMPASSING THE EXISTING FIRE STATION; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C” Exhibit “D”, Exhibit “E” and Exhibit “F” and attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. ORDINANCE NO. 2018-4019 Page 2 of 15 PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. PASSED, ADOPTED, and APPROVED this 14th day of June, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Tanya Smith (Jun 15, 2018) ORDINANCE NO. 2018-4019 Page 3 of 15 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: The following property is rezoned from R Rural and GC General Commercial to PDD Planned Development District: ORDINANCE NO. 2018-4019 Page 4 of 15 ORDINANCE NO. 2018-4019 Page 5 of 15 ORDINANCE NO. 2018-4019 Page 6 of 15 Exhibit B ORDINANCE NO. 2018-4019 Page 7 of 15 Exhibit C The Concept Plan proposes a mix of Multi-Family and Commercial development with a base zoning of MF Multi-Family and GC General Commercial as shown on the Concept Plan. The stated purpose and intent of the requested PDD is “to create a dense, urban development that directly overlooks a large, common, centrally located greenspace/open space to create a distinctive destination that attracts people and encourages social interaction. Buildings and patios will front the open space, providing comfortable and relaxing views for residents, tenants and customers. The open space will be utilized by tenants, retail and restaurant customers and the general public, and will provide pedestrian connectivity through the site”. The Concept Plan proposes Multi-Family development that fronts Arrington Road and a future Public Way, with commercial uses located along Arrington Road and Greens Prairie Road fronting a common central open space. Buildings adjacent to the central open space will be a minimum of 2 stories tall, and will be subject to non-residential architectural requirements, with some minor modifications. A new Public Way is proposed to cross through the property, extending from Arrington Road through the development and connecting into Greens Prairie Road. Community Benefits and Additional Enhancements The following community benefits, additional enhancements or improvements have been identified:  Sense of Place – Large, common, pedestrian-oriented open space for public use with vehicles and traffic concentrated away from pedestrian activity.  Connectivity – Pedestrian access will be provided to the open space with planned sidewalk connections to the various uses within the development.  Placemaking – Buildings and patios fronting onto the open space will create a distinctive destination that attracts people and encourages social interaction.  Sustainability –Provides a place to live, work, shop, and play. The goal is to create a development which offers amenities not necessarily found in every other development or neighborhood. The density of retail/office components in a walkable environment allow for the potential of office workers to walk to lunch or to shop. Furthermore, the Multi-Family units allow for the potential of employees to work and live in close proximity, which reduces automobile trips generated. Meritorious Modifications & Supplemental Development Standards The GC General Commercial zoning district for commercial uses and MF Multi-Family zoning district for the residential uses are the base zoning districts with a modified list of PDD Planned Development District development standards and uses as described in the sections below: DEVELOPMENT STANDARDS Unless expressly identified and referenced within this ordinance, this development is subject to the regulations of the Unified Development Ordinance as it exists or may be amended. Definitions: 1. Open Space Area– Any area of open space identified on the Concept Plan. ORDINANCE NO. 2018-4019 Page 8 of 15 2. Primary Building Facade – The primary face of a building directly facing a Public Street, Public Way or an Open Space Area. Permitted Uses: 1. To create a destination restaurant district with outdoor patio space overlooking the Open Space Area, Restaurants with a Drive-through are prohibited. Off-Street Parking: 1. In the areas designated as General Commercial on the Concept Plan, parking shall not be located between the buildings and the Open Space Area as shown on the Concept Plan. 2. Shared Parking is permitted in areas designated as General Commercial on the Concept Plan based on the following conditions: a. Mixed Use Shared Parking Agreement: Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 P.M.), may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours if specifically approved on a Site Plan or Final Plat. b. Proper pedestrian access is provided such that pedestrians can access both uses within an acceptable distance and that such access is provided safely and conveniently to both uses. c. Off-street parking spaces may be located on a remote and separate lot from the lot on which the principal use is located, given the off-street parking spaces are located no farther than five hundred (500) feet from the building site. The Administrator may waive this distance limitation, if adequate assurances are offered regarding the usability of the shared lot and the principle use (such as the operation of a van or shuttle service, etc.). d. Shared-parking areas shall be considered accessory uses of principal uses that the parking spaces are intended to serve. Shared parking areas shall require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the shared parking area. e. A shared parking plan shall be enforced through written agreement among the owners of record. An attested copy of the agreement shall be submitted to the County Clerk's office for recordation on forms made available in the Department of Development Services. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a Building Permit. If a shared parking agreement is revoked by the parties to the agreement, either off-street parking must be provided pursuant to Section 7.3. – Off-Street Parking Standards or an Alternative Parking Plan must be approved by the Administrator. Signs: 1. Attached Sign –Attached Signs on any commercial building or tenant lease space shall not exceed a total of two and one-half (2.5) square feet per linear foot of all public entry façades, with a maximum of seven hundred fifty (750) square feet of Attached Signage allowed for any one (1) tenant. Attached Signs may be cantilevered away from the ORDINANCE NO. 2018-4019 Page 9 of 15 structure so long as the sign does not project more than three (3) feet from the connecting façade. An attached sign: a. Shall advertise only the name of, uses of, or goods or services available within the development; b. Can be parallel or perpendicular to the face of the building; c. Shall not be attached to any tree or public utility pole. d. Attached Signs may be mounted to site lighting poles located on private property and may be constructed of cloth, canvas, or other flexible material provided such signage is maintained in good condition and complies with the following restrictions: e. No part of any sign attached to a light pole will be allowed to overhang or encroach into any portion of the public right-of-way f. Light pole signs shall not exceed twelve (12) square feet in area and shall have a minimum of eight (8) feet of clearance from the grade below; g. Light pole signs shall only be attached to one (1) side of a light pole; h. Light pole signs shall not project more than three (3) feet from the edge of the light pole; and i. Light pole signs constructed of cloth, canvas, or other flexible material shall be secured on a minimum of two (2) opposing sides to prevent wind-driven movement. 2. Free-Standing Multi-Tenant Signs (FSMTS) – FSMTSs shall be permitted in the two locations shown on the Sign Plan Exhibit. 3. Subdivision Sign (SS) – Subdivision Sign shown as “SS” on the Sign Plan Exhibit shall be no greater than two hundred (200) square feet in area and no greater than twenty (20) feet in height and must be set back at least twenty (20) feet from the back of curb. 4. Wayfinding Sign – Wayfinding Signs shall be submitted as part of a sign package for the development. These Wayfinding Signs shall in no case be greater than fifty (50) square feet in area or greater than six (6) feet in height. All Wayfinding Signs shall be internal to the development. Non-Residential Architectural Standards: 1. Façade Terms a. Primary Façade – A façade is considered to be a "primary façade" when it is the primary entrance façade of a primary building (not accessory buildings) or when any façade of a primary building is facing a public right-of-way, private right-of- way, public way, or Open Space Area as shown on the Concept Plan. 2. Building Mass and Design a. Horizontal Façade Articulation – For all properties within this PDD the vertical wall plane of any façade visible from public right-of-way, street, or public way shall project and/or recess by a minimum of two (2) feet so that no more than sixty- six (66) percent of the façade is on the same plane. ORDINANCE NO. 2018-4019 Page 10 of 15 3. Building Entry Design a. Buildings that have multiple ground floor tenants or multiple primary building entrances shall have all entrances treated architecturally, unless the entrances are for service or maintenance areas. 4. Architectural Relief a. In order to provide visual interest, the first two (2) stories of any primary façade or façade visible from a public right-of-way or public way shall use at least one (1) architectural relief element for every fifty (50) horizontal feet, or part thereof, of façade length. b. The design elements may be grouped or spaced as needed along the façade, though in no case shall more than one hundred (100) feet of continuous horizontal length be void of a relief element. c. Architectural relief is not required for façades, or parts of a façade, that are within twenty (20) feet of another building that screens the façade. 5. Qualifying Architectural Relief Elements a. In addition to the architectural relief elements permitted for property zoned GC General Commercial as outlined in the Unified Development Ordinance as it exists or may be amended, the following types of architectural relief may be utilized to meet the requirements of this Section: 1) Covered front porch extending along at least fifty (50) percent of building façade and projecting a minimum of four (4) feet from the face of the building, if used on a façade where this feature is not already required; 2) Eaves in excess of eighteen (18) inches, if used on a façade that does not have a covered front porch; 3) Transom windows; 4) Recessed entries, stoops, porches, or arcades; 5) Cornices, corbelling, quoining, or stringcourses; 6) Other architectural relief elements that provide a visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. 6. Other Mass and Design Requirements a. For all properties within this PDD – Loading docks, overhead doors and service entries shall not face the Open Space Areas or a public right-of-way. These areas may be located on a façade facing a public way. In the case that more than two (2) façades face a public right-of-way, the Administrator shall determine the most appropriate façade for such activities. 7. Building Materials ORDINANCE NO. 2018-4019 Page 11 of 15 a. The following minimum amount of fired brick, natural stone, marble, granite, tile or any concrete product so long as it has an integrated color and is textured or patterned (not aggregate material) to simulate brick, stone, marble, or granite shall be provided: 1) A minimum of ten (10) percent on any façade visible from a public right-of- way, public way or Open Space Area as shown on the Concept Plan; 2) Painted metal panel siding is allowed without limitation on a rear façade of a building when the façade is not visible from a right-of-way, public way parkland, greenway, residential area or Open Space Area. Subdivision Design and Improvements: 1. A Street Projection shall not be required to the adjacent single-family property along the southern boundary of the property. 2. Block Length and Block Perimeter shall be provided as shown on the Concept Plan. 3. Vehicular and Pedestrian cross access between the Public Way and the adjacent Rural tract(s) may be provided without amending the PDD Concept Plan. Usable Open Space Requirements: 1. Any future Parkland Dedication of privately owned Open Space will require City Council approval of an amendment to the Concept Plan. 2. Buildings shall be oriented towards the Open Space Area(s) as shown on the Concept Plan. 3. The Open Space shown on the Concept Plan is the minimum required open space for the project, and shall consist of no less than 2.25 acres. 4. When a site plan is submitted for a property adjacent to an Open Space Area, the Open Space Area shall be improved as open space. 5. Open Space Areas shall be developed and maintained urban and/or passive open spaces incorporating, at a minimum, the following improvements: a. Urban Plaza Open Space: • Decorative pedestrian paving • Lighting, including pedestrian lighting • Benches and other seating areas • Landscaping and hardscaping, including shade trees • Pedestrian crosswalks at intersections • Sidewalks (minimum six feet in width) b. Passive Open Space: • Pedestrian trail and sidewalks (minimum six feet in width) • Lighting, including pedestrian lighting • Benches and other seating areas • Landscaping and hardscaping, including shade trees • Pedestrian crosswalks at intersections • Outdoor Dining/Picnic area ORDINANCE NO. 2018-4019 Page 12 of 15 6. The following improvements are permitted, but not required, in the Open Space Areas: • Any area maintained in a natural state. • An amphitheater. • Plazas. • Gardens. • Pavilions and gazebos. • Art Sculptures and Water features, including fountains and ponds. • Tennis facility and other similar athletic facilities. • Trash receptacles, bike racks, and other similar improvements. • Any other similar improvement approved by the Director of Development Services. 7. A minimum of two (2) pedestrian connections to the Open Space Areas shall be provided through the areas designated General Commercial on the Concept Plan. 8. Buildings Fronting Open Space Area: a. Buildings must be a minimum two stories. Retail and Restaurant buildings may be one story, but must have a minimum building height of 30 feet. b. If required by the City's Fire Code, buildings fronting an Open Space Area shall include an emergency access fire lane between the building and the Open Space Area. 9. Any retention and/or detention shall be designed such that no fences/barriers are required unless the public safety and welfare requires it. Encroachments: 1. The following portions of a building containing non-residential uses may encroach into required Building Setbacks adjacent to the Open Space Area(s): eaves, roof extensions, porches, terraces, steps, attached signs, lighting fixtures, railing, balconies, canopies, awnings, window sills, belt courses, cornices, outdoor seating areas, patios, sidewalk cafes, plazas, water features and similar improvements approved by the Director of Development Services. Exhibit D ORDINANCE NO. 2018-4019 Page 13 of 15 Exhibit E – Concept Plan ORDINANCE NO. 2018-4019 Page 14 of 15 Exhibit F – Sign Plan ORDINANCE NO. 2018-4019 Page 15 of 15