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Home My WebLink About2022-4356 - Ordinance - 05/26/2022ORDINANCE NO. 2022-4356 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 4.74 ACRES LOCATED AT 404 HARVEY MITCHELL PARKWAY 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 ST ATION, 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” and Exhibit “C” 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. 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. ORDINANCE NO. 2022-4356 Page 2 of 6 PASSED, ADOPTED, and APPROVED this 26th day of May, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4356 Page 3 of 6 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 as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District: ORDINANCE NO. 2022-4356 Page 4 of 6 Exhibit B Purpose, Intent and Community Benefit: The purpose and intent of this Planned Development District is to provide a multi-family housing product close to campus and the BioCorridor. Community Benefits are shown on the Concept Plan with increased landscape buffering along the shared property line with the Aggie Field of Honor Cemetery and a multi-use path. The Concept Plan retains the same buffer area between the property and the Aggie Field of Honor that was approved in the existing PDD. There is no change being made to the buffer area. Section 7.7 of the Unified Development Ordinance requires a minimum 10-foot-wide landscape buffer between the differing uses. Both the existing and proposed Concept Plan propose increasing this buffer to 25 feet. The required plantings in the buffer area will meet the standard requirements of Section 7.7. The existing chain-link fence along the property line will be replaced with a privacy fence. The intent of the increased buffer width is to address any concerns on the potential visual and audible degradation of the cemetery due to this development. The subject property will be accessed through the neighboring commercial properties to the north via a proposed access easement. The proposed multi-use pathway will connect Raymond Stotzer Parkway with existing commercial developments and the proposed multi-family development, allowing commercial properties and the proposed multi-family developments to access Texas A&M University by walking or biking. The pathway will supplement the single access available for vehicular transportation. Base Zoning District and Meritorious Modifications: The PDD Planned Development District zoning includes a MF Multi-Family base zoning district and all requirements associated with the base zoning district shall apply except where specifically modified herein. The current rezoning request is for three modifications to the previously approved PDD Concept Plan—a modification to the number of units, a modification to the building layout on site, and a meritorious modification to the parking requirement. 1. Modification to the number of units The PDD currently states that the maximum building height will be four stories tall, with a maximum of 199 multi-family units and 339 bedrooms. One of the three proposed amendments to the Concept Plan is to change the number of units and the unit mix, but the total number of bedrooms will not change, just the ratio of bedrooms to units. Originally the ratio was 2.4 bedrooms per unit, but the proposed PDD will be 1.7 bedrooms per unit. 2. Building layout The second proposed amendment to the Concept Plan is related to the layout of development on the site. Concerns on the original PDD rezoning included noise from ORDINANCE NO. 2022-4356 Page 5 of 6 the pool amenity area next to the cemetery and apartment buildings blocking the view of Kyle Field from the cemetery. The applicant has addressed both concerns. Regarding noise coming from the pool amenity area, this will be located interior to the site and surrounded by the apartment building itself. The building will open towards Harvey Mitchell, not the cemetery. The second concern about sight angles to Kyle Field has been addressed by a clear zone easement established with the original plat in the southern portion of the property. This easement does not allow any structures to be built there. 3. Meritorious Modification – parking The third and last proposed amendment to the Concept Plan is a meritorious modification to the parking requirements for multifamily. UDO requirements for Multi-Family dwelling units are typically 1.5 spaces per bedroom for one-bedroom apartments and 1 space per bedroom for 2+ bedroom units. The proposal is for one parking space per bedroom regardless of the unit size with additional parking provided for staff. Floodplain & Detention: Stormwater from the site generally discharges to the northeast within the White Creek drainage basin. There is no FEMA regulated floodplain on site. The property has an existing detention pond at the southern corner, which will need to be evaluated with site development to confirm that the pond has adequate capacity to serve the entire site. Any necessary drainage improvements will need to be designed and constructed in accordance with the BCS Unified Stormwater Design Guidelines. Parkland: Fee-in-lieu of parkland dedication will be paid prior to building permits being issued based on the number of bedrooms. ORDINANCE NO. 2022-4356 Page 6 of 6 Exhibit C