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