The URL can be used to link to this page

Home My WebLink About2009-3205 - Ordinance - 09/10/2009ORDINANCE NO. 3205 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," 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 CERTAIN PROPERTIES AS DESCRIBED BELOW; 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 Chapter 12, "Unified Development Ordinance," 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 ", Exhibit "C" and Exhibit "D ", attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter 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) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 10th day of September, 2009 APPROVED: MAYOR ATTEST: C: : / 1(;( i ecre �� APPROVED: 7V4!��4 4 l� C ity Attorney ,�r ORDINANCE NO. 3205 Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," 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 R -1 Single - Family Residential and A -O Agricultural Open to PDD Planned Development District, with the restrictions listed in Exhibit `B" and according to the Concept Plan shown in Exhibit "C ", and as graphically shown in Exhibit "D ": 14.27 Acres Morgan Rector League, Abstract No. 46 College Station, Brazos County, Texas "Being all that certain 14.27 acres of land lying and being situated in the MORGAN RECTOR LEAGUE, Abstract No. 46, College Station, Brazos County, Texas and being part of that V.J. Boriskie tract described by deeds recorded in Volume 47, page 499, Volume 136, page 359 and Volume 152, page 608, Deed Records of Brazos County, Texas and being more particularly described as follows: BEGINNING at the intersection of the southeast line of the said Boriskie tract and the northeast line of State Highway No. 6 (East By- Pass), which is also the most westerly corner of Raintree, Section One, an addition to the City of College Station, Texas, according to plat recorded in Volume 373, page 461, Deed Records of Brazos County, Texas; THENCE N 42 14' 12" E — 1207.0' along the southeast line of the said Boriskie tract to the center of Wolf Pen Creek; THENCE up the center of Wolf Pen Creek with its meanders as follows: N 56° 31' 27" W - 109.71 feet; N 19 59' 12" E - 125.3 feet; N 83 32' 33" W - 82.7 feet; S 47 29' 13" W —162 feet; N51 51 "W- 129.2 feet; S 63 25' 33" W - 173.8 feet; S 19 55' 21" W - 100.5 feet; S 74 41' 25" E - 100.0 feet; S 29 35' 30" E - 55.3 feet; S 75 53' 05" W - 168.6 feet; N60 °38'41 "W -115.6 feet; S 70 26' 51" W - 115.2 feet; ORDINANCE NO. 3205 Page 3 N 02 55' 31" W - 112.4 feet; S 87 19' 3 8" W - 546.9 feet to the northeast line of State Highway No. 6 (East By- Pass); THENCE S 32 02' 50" E - 693.00 feet along the northeast line of State Highway No. 6 (East By -Pass) to a concrete right of way marker; THENCE S 30 01' 28" E - 325.08 feet continuing along the northeast line of State Highway No. 6 to the POINT OF BEFINNING and containing 14.27 acres of land, more or less. And being the same tract described in Deed from Lydia Frances Boriskie to Davis McGill, Trustee, dated August 22, 1983, recorded in Volume 597, page 226, Deed Records of Brazos County, Texas." ORDINANCE NO. 3205 Page 4 EXHIBIT "B" Purpose & Intent Statement: The PDD zoning district will allow the development of this tract to include retail and office uses compatible with the adjacent neighborhood while also acknowledging freeway frontage that is attractive to retail users. Issues of concern have been addressed through collaboration by the developer, existing nearby residents and the City. The pad sites may contain uses from the below list of "Permitted Uses." The aggregate square footage of uses will not exceed that which results in a total number of trip ends greater than 319 PM peak hour trips. According to the UDO, for this site, an acceptable level of service is maintained up to 319 trip ends as per the Traffic Impact Analysis. At the detailed site plan stage, as specific square footage is allocated per lot, trip ends will be reviewed based on the specific use to ensure aggregate trip ends to not exceed 319 in the PM peak hour. The developer has met with the City's Greenways Manager and is currently negotiating transfer of the majority of the existing floodplain portion of the tract and will be consolidating development on the southern portion. Permitted Uses: • Natural areas of floodplain and open space; • Professional offices; • Medical clinics; • Banks, pharmacies and dry cleaners (all with drive -thru options); and • Other neighborhood retail uses or personal service shops. Restrictions: • Dimensional standards shall be those of the C -1 General Commercial zoning district, unless otherwise stated. • Maximum of three pad sites. • No restaurants permitted. • Any use having a drive -thru facility that may occur on the pad site nearest Raintree will have the drive -thru located on the north side of the building. • The type, scale and design of the buildings will be more residential in character in that there will be no flat roof lines. Pitched, residential style roofs are required. • Buildings shall not exceed 35 feet in height to the highest point of the roof. • Maximum number of stories for retail uses will be one -story and for office uses will be 2.5 stories. • Sanitation services (dumpsters) will be consolidated on the northern tract, furthest away from Raintree. ORDINANCE NO. 3205 Page 5 • Pedestrian access (but no vehicular access) to the development from the end of Appomattox will be provided with this development. • There will be a 15 -foot buffer area and masonry wall adjacent to the neighborhood. • Any parking lot lighting adjacent to the Raintree property line will utilize back light deflectors to preclude light from spilling over the property line. • Signs will follow the rules for general commercial signage. • The subject property will be considered one building plot for signage, landscaping, and Non - Residential Architectural Standards. • Cross - access will be provided to the undeveloped tract to the south and within the subject property. • Based on the trip generation of 50 VPH or more for the proposed driveway, a right turn deceleration lane will have to be provided as mitigation on the State Highway 6 northbound frontage road. The proposed driveway should be located at the furthest southern most location on subject tract in order to provide enough weaving distance for traffic wanting to get on the entrance ramp to State Highway 6. Meritorious Modifications Granted: 1. Section 8.2.A.7.e "Dead -End Streets" of the Unified Development Ordinance Allows Appomattox Drive to remain as a dead -end street with no vehicular access provided to the subject property via Appomattox Drive. 2. Section 7.6.F "BufferStandards" of the Unified Development Ordinance Allows flexibility in the design of the landscape buffer adjacent to the Raintree subdivision. The buffer area is 15 feet in width, but the location of the wall will vary (up to 15 feet from the property line) to protect existing natural vegetation. Any canopy trees (4" caliper or larger) located in the buffer area, up to 12 feet away from the property line, that are removed during construction will be replaced with one or more canopy trees equaling the tree points removed. The goal of the buffer area will be the preservation of existing vegetation in lieu of specific buffer plantings. ORDINANCE NO. 3205 EXHIBIT "C" ACADEMY Page 6 w t WOLF PEN CREEK 15'SAN.SWR. ,EASEMENT 1 i; ~ - j APPROXIMA MCGILL, DAVIS T TRUST ~ , • `� Fri DPLAIN , 14.27 ac R13184 I l 15' SAN.SWR. EASEMENT - DEVELOPER NEGOTIATING Z37 TRANSFER OF OPEN SPACE I 101' � ♦ TO CITY n PARKING /� , PEDESTRIAN y pCi G� GAREA / / ACCESS C OQ G ��PyP PARKING ^ AREA PARKING rybo �o 41 h p G�G AREA RAINTREE SUBDIVISION I i y� \PARKING ry �>7 \AREA e °�oao �PG 0 ♦ 9G \ PARKING / /� t c/. \ AREA \ PARKING / /� yF. i i AREA / � - �I x-15' BUFFER \ -- — JOINT ACCESS ,'/: -" - \ EASEMENT TRACT 3 ANY USE WITH DRIVE -THRU FACIUTY WILL HAVE \ DRIVE -THRU LOCATED ON NORTH SIDE OF '! 0 50 100 200 300 BUILDING - \ "1 ORDINANCE NO. 3205 EXHIBIT "D" o r 'oz p rn ° U W z m > E CL Z o� �uiN v 3UH�U`1� r N M U I I I c, i:z zz OcrY � v v T U 12 -6 `m > u� E U -3 ,m `m va v m c c n . L m U m — m x Ma'a I I I I W CL O U CL J J_ U TY N — � C m , z LL � H �2�000 Mv�cra�N 1 1 1 1 1 1 1 W W F." Z W CL p W a m v rn LL LL N Q OI � N QQ d' KK Page 7