HomeMy WebLinkAbout2019-4084 - Ordinance - 03/28/2019ORDINANCE NO. 2019-4084 Page 1 of 12
ORDINANCE NO. 2019-4084
AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 12-4.2, “OFFICIAL
ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY AMENDING IN ITS ENTIRETY THE PDD PLANNED
DEVELOPMENT DISTRICT FOR APPROXIMATELY 1.7 ACRES, BEING THE
DELRAYE SUBDIVISION, TRACT A, GENERALLY LOCATED AT 3940 HARVEY
ROAD BY REDUCING THE SIZE OF THE LANDSCAPE BUFFER AND ALLOW FOR
ADDITIONAL PARKING BETWEEN THE PRIMARY BUILDING AND HARVEY
HILLSIDES CREEK TO THE EAST; REPEALING ORDINANCE NUMBER 2000-2477
ADOPTED ON OR ABOUT DECEMBER 14, 2000; 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 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,” Exhibit “B,” Exhibit “C”,
Exhibit “D” and Exhibit “E” attached hereto and made a part of this Ordinance for
all purposes.
PART 2: That Ordinance No. 2000-2477 adopted on or about December 14, 2000 is hereby
repealed.
PART 3: 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 4: 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.
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.
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PASSED, ADOPTED, and APPROVED this 28th day of March, 2019.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
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Exhibit A
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” 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 PDD Planned Development District to PDD Planned
Development District:
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Exhibit B
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Exhibit C
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Exhibit D
The following shall apply to this PDD:
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PDD Development Standards
The proposed PDD Planned Development District zoning uses a base zoning district of GC
General Commercial. The development is intended to provide for a Restaurant with a Drive-Thru
and associated parking.
Permitted Uses: Restaurant with a Drive-Thru. Associated drive-in and drive-thru facilities
(speaker box, message board, and pick-up window) may not be located between the restaurant
and any single-family use or zoning district; except when the single-family use or zoning district
is located across a public street.
Building Height: The building height will be a maximum of 35 feet.
Buffer Requirements:
1. A natural vegetation buffer varying from 20 to 40 feet as shown on the Concept Plan shall be
maintained in its present condition.
2. At the time of the site plan application, a detailed tree survey will be provided to verify that
the existing vegetation in the landscape buffer area is sufficient to meet current minimum
buffer planting requirements and is of sufficient density to provide one hundred (100) percent
opacity to a height of six (6) feet as outlined in the Unified Development Ordinance.
Additional plantings may be required based on the tree survey.
3. Prior to any site development, a tree barricade will be provided around the natural vegetation
buffer as shown on the Concept Plan in accordance with Unified Development Ordinance.
Lighting: Lighting in the parking lots and on the sides of the building will be constructed and
situated in such a manner so that it is not directed toward the adjacent residential neighborhood.
Parking & Cross Access:
1. Parking shall be as set forth on the Concept Plan.
2. A cross access easement shall be provided to the adjacent 0.97 acre lot (as shown on the
Concept Plan) located to the south of the subject property along Harvey Road. This cross access
shall be provided at the time of the parking expansion.
3. Parking is permitted in the cross access easement until such time that the adjacent 0.97 acre
tract redevelops.
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Exhibit E