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HomeMy WebLinkAbout2022-4389 - Ordinance - 09/08/2022ORDINANCE NO. 2022-4389 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 0.75 ACRES OF LAND GENERALLY LOCATED AT 1201 WELLBORN RD AS DESCRIBED BELOW; 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” 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. 2022-4389 Page 2 of 7 PASSED, ADOPTED, and APPROVED this 8th day of September, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4389 Page 3 of 7 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 and GS General Suburban to PDD Planned Development District: ORDINANCE NO. 2022-4389 Page 4 of 7 ORDINANCE NO. 2022-4389 Page 5 of 7 ORDINANCE NO. 2022-4389 Page 6 of 7 Exhibit B Purpose, Intent, and Community Benefits - The proposed PDD for this property outlines the purpose, intent, and community benefit of the proposed development, which is to provide an adequate area for redevelopment, ancillary uses, additional visual exposure to the existing retail, and an over-sized buffer area with the adjacent residential area. The applicant has proposed a retail center with a drive-thru component. Base Zoning and Meritorious Modifications - At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the SC Suburban Commercial zoning district, except where meritorious modifications are granted with the PDD zoning. Meritorious Modifications: The applicant is requesting modifications to the standards SC Suburban Commercial requirements for restaurants with a drive-thru that include being located a minimum of 150 feet from any single-family use or zoning and the requirement that drive- thru facilities (menu board, speaker box, pick-up window) cannot be located between the building and any single-family use or zoning. The applicant is proposing the following: 1. Distance from pick-up window to the single-family property line: 126 feet to the north and 82 feet to the west 2. Distance from back-of -curb of by-pass lane to single-family property line: 38 feet 3. Distance from menu board to single-family property line: 74 feet Community Benefits: The applicant offers the following as community benefits: 1. A 30-foot-wide buffer with landscaping and solid screening wall along the common property line of residential uses. 2. A shared parking and private access easement(s) provided with neighboring Southwest Crossing commercial center. 3. Five queuing spaces for the pick-up window, which is an additional space, and five queuing spaces for the order window. 4. Additional buffering along with streetscaping requirements along Southland Street to line up with Block 1 Lots 6-8. The additional buffering will be a minimum of one (1) five-gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of buffer area. 5. Construct a public sidewalk along Southland Street as identified on the Bicycle, Pedestrian, and Greenways Master Plan. ORDINANCE NO. 2022-4389 Page 7 of 7 Exhibit C