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HomeMy WebLinkAbout2022-4410 - Ordinance - 11/21/2022ORDINANCE NO. 2022-4410 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 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. 2022-4410 Page 2 of 6 PASSED, ADOPTED, and APPROVED this 21st day of November, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4410 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. 2022-4410 Page 4 of 6 Exhibit B Purpose and Intent: 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 an increased landscape buffer yard along the shared property line with the Aggie Field of Honor Cemetery and a multi-use path. The only change being made to the proposed Concept Plan is to the driveway around the perimeter of the building. This is to provide better fire protection and aerial access. The driveway will be gated on both ends for emergency access only and will be constructed with grasscrete instead of concrete, to help reduce the amount of paving between the building and landscape buffer. The building will be shifted away from the Cemetery and closer to FM 2818 to accommodate the required landscape buffer and the proposed driveway. The landscape buffer is not being changed. 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. MF Multi-Family zoning traditionally permits non-residential uses up to a maximum of 50 percent of the total floor area if incorporated into the residential structure. Any commercial use will be limited to a maximum of 2,000 sq ft. and with a restriction to restaurant uses only. The PDD maximum building height will be four stories tall, with a maximum of 199 multi- family units and 339 bedrooms, for an average ratio of 1.7 bedrooms per unit. The layout of the site is to address concerns regarding noise from the pool amenity area next to the cemetery and apartment buildings blocking the view of Kyle Field from the cemetery. The pool amenity area will be located interior to the site and surrounded by the apartment building itself. The building will open towards Harvey Mitchell, not the cemetery. While a fire lane will now be located between the building and the buffer, the lane will be constructed to fire lane specifications with a product that allows grass to grow over/in it and will be gated for emergency access only. A clear zone easement that prohibits construction in the defined area was established in the southern portion of the property, keeping the line of sight to Kyle Field protected. Meritorious Modification – parking 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. This meritorious modification is for one parking space per bedroom regardless of the unit size with additional parking provided for staff. ORDINANCE NO. 2022-4410 Page 5 of 6 Community Benefits: Community benefits are those provided by the development that extend beyond the minimum expectations of the zoning and development regulations. The applicant is proposing to keep the same community benefits from the adopted ordinance, related to an expanded buffer yard along the property line shared with the cemetery and the construction of a multiuse path. The Concept Plan retains the same buffer area with the previously adopted PDD. Section 7.7 of the Unified Development Ordinance requires a minimum 10-foot-wide landscape buffer between the property and the Aggie Field of Honor differing uses. The adopted Concept Plan increased 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 minimum 6’ tall, completely opaque 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. A 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 existing access available for vehicular transportation. A multi- use pathway will provide a connection between this development and Research Park and Texas A&M, which will encourage pedestrian and bicycle traffic. This will be integrated with the newly proposed fire lane that wraps around the building. The Fire Marshal has reviewed and recommends approval of this design. Parkland: Fee-in-lieu of parkland dedication will be paid prior to building permits being issued based on the number of bedrooms. ORDINANCE NO. 2022-4410 Page 6 of 6 Exhibit C