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HomeMy WebLinkAbout2012-3407 - Ordinance - 04/26/2012 ORDINANCE NO.2012.- 3401 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" through "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 2[, of April, 2012 APPROVED: MAYO" ATTEST: '1 X1 1, 4:) 144 '4 , t/1 City Secre APPROVED: City Attorney 1 Ordinance #26/2-3407 Page 2 of 7 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 PDD Planned Development District to PDD Planned Development District: 108.88 Acre Tract Crawford Burnett League, A-7 College Station, Brazos County, Texas METES AND BOUNDS DESCRIPTION OF A 108,88 ACRE TRACT CRAWFORD BURNE'TT LEAGUE, A-7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BuRNErr LEAGUE, ABSTRACT Na 7, COLLEGE STATION, BRAZOS cowry, TEXAS_ SAID TRACT BEING THE REMAINDER OF A CALLED 136,063 ACRE TRACT AS DESCRIBED BY A DEED TO L. M, HAUPT,111, AND WIFE, S1'ELLA GEREN HAUPT RECORDED IN VOLUME 171, PAGE 392 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE REMAINDF.R OF A CALLED 3,3 ACRE TRACT AS DESCRIBED BY A DEED TO LEWIS M. HAUPT, JR. RECORDED IN VOLUME 293, PAGE 788 OFTIIE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD MARKING THE EAST CORNER OF SAID REMAINDER OF 136.063 ACRE TRA.CT AND THE NORTH CORNER OF A CALLED 12-40 ACRE TRACT AS DESCRIBED BY A DEED TO OSAGE, LTD. RECORDED 114 VOLUME 1130, PAGE 570 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41" 12' 34 W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT AND SAID 12.40 ACRE TRACT FOR A DISTANCE OF 517.37 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID 12.40 ACRE TRACT AND THE NORTH CORNER OF THE REMAINDER OF A CALLED 8.833 ACRE TRACT AS DESCRIBED BY A DEED TO GREENS PRAIRIE INVESTORS, LTD. RECORDED IN VOLUME 8413, PAGE 22 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 55' 50" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT AND SAID REMAINDER OF 8,833 ACRE TRACT FOR A DISTANCE OF 429_64 FEET TO A 'A INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID REMAINDER OF 8.833 ACRE TRACT AND THE REMAINDER OF A CALLED 3,0 ACRE TRACT AS DESCRIBED BY A DEED TO GREENS PRAIRIE INVESTORS, L11) RECORDED IN VOLUME 8513, PAGE 276 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41" 1 46" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT AND SAID REMAINDER OF 3.0 ACRE TRACT FOR A DISTANCE OF 124.14 FEET TO A 'A INCH IRON ROD FOUND MARKING THE NORTH CORNER OF WILLIA/vISGATE SUBDIVISION, PHASE 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 7705, PAGE 206 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS couNTY, TEXAS; THENCE: S 41° 30' 18" W ALONG THE COMMON LINE OE SAID REMAINDER OF 136.063 ACRE TRACT AND WILLIAMSGATE SUBDIVISION, PHASE 1, AND THE REMAINDER OF A CALLED 20,25 ACRE TRACT AS DESCRIBED 13Y A DEED TO ROBBIE ROBINSON, LTD. RECORDED IN VOLUME 6446, PAGE 92 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR A DISTANCE OF 63746 FEET TO A 'A INCH IRON ROD FOUND MARKING AN EASTERLY CORNER OF A CALTED 22.97 ACRE TRACT AS DESCRIBED BY A DEED TO CHARLES I. TURNER AND MARY E. 'TURNER RECORDED IN VOLUME 3331, PAGE 61 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: 14 49° 58' 35" W ALONG THE COMMON LINE OE SAID REMAINDER OF 136.063 ACRE TRACT AND SAID 22.97 ACRE 1 RACT FOR A DISTANCE OF 562.09 FEET TO A 'A INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 22.97 ACRE TRACT; THENCE: S 41' 21' 39" W CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 136_063 ACRE TRACT AND SAID 22-97 ACRE TRACT FOR A DISTANCE OF 801_59 FEET TO A 'A INCH IRON ROD FOUND ON THE NORTHWEST LINE OF A CALLED 23.00 ACRE TRACT DESCRIBED AS TRACT 2 BY A Ordinance #2011-34D Page 3 of 7 EXHIBIT "A" CONTINUED DEED TO HENRY P. MAYO AND WIFE, SANDRA K. MAYO RECORDED IN VOLUME 1253, PAGE 878 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS -COUNTY, TEXAS, MARKING THE EAST CORNER OF A C ALLED 27.017 ACRE TRACT DIVIDED OUT OF SAID REMAINDER OF 136.063 ACRE TRACT, SAID 27,017 ACRE TRACT NOT YET FILED OF RECORD AT THE TIME OF THIS DESCRIPTION, THENCE: THROUGH SAID REMAINDER OF 136.063 ACRE:TRACT AND ALONG THE NORTHEAST AND NORTHWEST LINES OF SAID 27 017 ACRE TRACT FOR THE FOLLOWING CALLS: N 47° 43' 18' W FOR A DISTANCE OF 898.64 FEET TO A INCH IRON ROD FOUND; S 42° 56' 01" W FOR A DISTANCE OF 803.33 FEET TO A 'A INCH IRON ROD FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 46830 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 02'43" FOR AN ARC DISTANCE OF 204.79 1..L.L. 1 (CHORD BEARS: S Si" 26 04' W 203,17 FEET) TO A Va INCH IRON ROD FOUND MARKING THE ENDING POINT OF SAID CURVE; S 67D 52' 33" W FOR A DISTANCE OF 30.24 FEET TO A 1 ,pi INCH IRON ROD FOUND ON THE NORTHEAST LINE OF JONES BUTLER ROAD MARKING THE SOUTHWEST CORNER OF THIS HEREIN DESCRIBED 1 RACT. TILENCE: N 22' 02' 4r W ALONG THE NORTHEAST LINE OF TONES BUTLER ROAD, SAME BEING THE SOUTHWEST EDE OF SAID REMAINDER OF 3.3 ACRE TRACT, FOR A DISTANCE OF 412,84 FEET TO A INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID REMAINDER OF 3.3 ACRE TRACT AND A CALLED 29.175 ACRE TRACT AS DESCRIBED BY A DEED To JOHN WHEELER BARGER, TRUSTEE, RECORDED IN VOLUME 7583, PAGE 90 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 42° 14' 17' E ALONG THE COMMON LINE OF SAID REMAINDER OF 3.3 ACRE TRACT AND SAID REMAINDER OF 136.063 ACRE TRAcr AND SAID 2%175 ACRE TRACT FOR A DISTANCE 0E340234 FEET TO A 6 INCH FENCE CORNER POST FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: 5 47° 04' 17" E ALONG THE SOUTHWEST LINE OF OLD WELLBORN ROAD FOR A DISTANCE OF 1867.58 FELT TO THE POIN'r OF BEGINNING CONTAINING 108.88 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND MARCH 2010. SEE PLAT PREPARED MARCH 2010, FOR MORE DESCRIPTIVE INFORMATION, BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISURED PROFESSIONAL LAND SURVEYOR No. 4502 Ordinance # 2D/2- 3407 Page 4 of 7 EXHIBIT "B" Mr/ . 4 1, :',:z::.," - -', , :, - - 1Ir - ‘111w*' , . : or .11.-41,1%, .t. S n x z p ilip $ O U 5 22 p' E Illfp ,,,,,,,i,„ , </ - i , , , , , ' j , , Q, > 5 J F y ---."C o - � � ��,m §mg .„., i „, . , � � �, / I zzzo�2 ' ' 1; -p / , , ' /_ I co i \ a E u N ilb:411 ''','' ' '' .. _. ' .. 4 d;'� 4 11 11 0 mss o o (< 6.,,_ND., co 9`, ,. v yae�U�� Ada CJ . ., , , ' ' ' 0 _ 1-.4 ' . W ., , "1St I PA, 9 0 . . ' 0 4‘ < ,,R) Ct A _ .. 7 d'/ __ O \-,.' `. //'. fi t. o� >'�'° i y i ` dJ ;� O O LL m To e q , / ,, ,. \ 06, 44, 14 /, \ \ No4� gm`o�mv2 ...,\ , L LL Q 2. A m / ' .......= C N C g am E IN Hookihk...; -. _ i e , ' , " on e 5m r. O. .- ry / 111111 W _/ ill, e�4 aue W iir r _, 5 m J . /, ,f,.__ ,,,,,„ ‘ 0j \ ' O U4! 0 m m o \ O O r N N Q Q CC IX CC Ordinance #2p/2 - 3'/o7 Page 5 of 7 EXHIBIT "C" / . 1 1 1 1 1 1 1 1 1 v sc..- 0.c., Not., 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 I t t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 o F . U V _i_! _ g•., - ; , JIIU I1IIIIUI!i! MV11 4b1 4 it VW L 4 INNS 0 rAIIIgIII;nnh . ...,......., 1 .... ., , �11 111af E : \ , 1 maw III In 1 I " liW III1 _II --mi . MINIM Ma .... - „, 1 a ._ : 11 IiIilI UiiHfli � g i - tig 1 1,,,. I 1111111011Miiiill ' ' • � ;t: {i1llili s - _I_ i JO Ma AV f it on las En lint + I w � �® laI 1 F y 1 5 an r z —4f— ; .; MI MINI Till g =:' 1 ;Ji�..; 111 ;EM€ EMI pins - - O S —$ g MIN / 11111 1.441t Walla e — 4'IW Yp RAM mis 1 1/i IMMO w 1111 '11111 $ q I..E �., tI s til •r _ P .Q 1y V 3 8 ti 1 Ordinance #20/2-34/07 Page 6 of 7 EXHIBIT "D" GENERAL NOTES 1. The land uses proposed for this property are as listed on this plan. a. Single Family (SF) meeting R -1 zoning requirements with variances as noted below. b. Townhomes (TH) meeting R -3 zoning requirements with variances as noted below. c. Commercial (COM) meeting C -3 zoning requirements with variances noted below. The following additional uses are permitted in Commercial Tracts 2, 3, and 4 only: • Shooting Range — Indoor • Car Wash subject to supplemental standards contained within the UDO • Commercial garden/greenhouse /landscape maintenance subject to supplemental standards contained within the UDO • Commercial amusement subject to supplemental standards contained in the UDO • Office and retail sales/services with storage areas being greater than 50% of the space (i.e. office /warehouse with overhead doors) • Self Storage — equipment, materials, recreational vehicles, or boats — in buildings with at least 3 enclosed sides. d. Recreation Facility (RF) including commercial amusement activities, cable wake board ski facility, administrative offices, pool, exercise room, jogging track, food & beverage services and similar recreational offerings for members of the HOA and the general public. Retail sales of equipment, clothing, and accessories related to these uses are permitted in conjunction with normal operations of the Recreation Facility. 2. General bulk or dimensional variations (meritorious modifications) are as follows: a. Single Family (SF) residential development (variations from R -1 Zoning) • Front setback distance — 20 ft without rear access, 15' with rear access • Rear setback distance — 20 ft • Side setback distance — 5 ft • Street side setback distance — 15 ft b. Townhome (TH) development (variations from R -3 Zoning) • Front setback distance — 20 ft without rear access, 15' with rear access • Rear setback distance — 20 ft • Street side setback distance — 15 ft • Side setback distance — 5 ft • Common area side setback distance — 5 ft c. Commercial (COM) development (variations from C -3 Zoning) • Restaurants shall not be permitted in Commercial Tracts 2, 3 or 4. • The rear setback for self storage structures adjacent to a public alley or common area will be 5 feet. • In locations where the rear wall of self storage building is adjacent to an alley serving residential units, the rear wall may serve as the buffering wall between land uses. The wall shall be constructed of stone. d. Commercial Tracts 2, 3, and 4 shall each be permitted to erect a freestanding sign in accordance with Section 7.4.N of the UDO. These signs may be raised to a maximum height of 20 feet. e. Block Lengths of up to 1000 feet will be permitted on designated Single Family (SF) and Townhome (TH) blocks. These blocks are noted as SF Block 4 and TH Block 7. f. Dead -end streets in residential areas are permitted up to maximum of 100 feet in length. The dead -end alley adjacent to Commercial Tract 4 shall extend to the property line (approximately 110 feet). 3. Special conditions for Townhome (TH) development: a. The townhome structures shall not exceed 9,000 sf. 4. Special conditions for Commercial (COM) development: a. The total building area of all commercial buildings shall not exceed 240,000 sf. This figure excludes self storage units and buildings associated with the Recreation Facility. b. Self storage units shall be allowed in Commercial Tract 4 only. The total leasable area of all self storage units shall not exceed 100,000 sf. c. No openings to self storage buildings are allowed on the sides adjacent to any street right -of -way or alley that is associated with residential development. d. The self storage facility will be permitted to incorporate an office on the premises for management and security. The office shall be permitted to sell equipment or materials related to storage and moving, but shall not sell/rent trucks or trailers. The office will be limited to a maximum of 1,000 sf. Living quarters for the managers of the facility will also be permitted within the premises. These quarters shall be no larger than 1,000 sf e. Individual commercial buildings shall not exceed 10,000 sf with the following exception: Ordinance #2d12-34'a7 Page 7 of 7 EXHIBIT "D" CONTINUED • One commercial building will be allowed up to a maximum of 15,000 sf The building may be located on Commercial Tracts 3 or 4. f. Unless otherwise noted herein, commercial buildings and related parking areas shall comply with the Non - Residential Architectural Standards in the UDO. Design of these structures shall be compatible in size, roof type and pitch, architecture, and lot coverage with the surrounding single- family residential uses. g. All commercial tracts shall provide cross access in accordance with the UDO. 5. Special conditions for the Recreation Facility (RF) are as follows: a. The Recreation Facility shall be limited to a maximum of two 2 -tower cable wake board ski systems. b. Food and beverage services are permitted within the Recreation Facility. Maximum size of the restaurant shall be 3500 sf inclusive of all indoor seating, kitchen, office and storage spaces. c. Commercial amusement activities, including water recreation and associated equipment, shall be allowed within Recreation Facility boundary shown on the Concept Plan. Motorized vehicles such as boats and jets skis are not allowed except for rescue or maintenance purposes. d. Any buildings and parking areas associated with the Recreation Facility shall comply with the Non - Residential Architectural Standards in the UDO. e. Landscaping requirements in the UDO will be applied to the building, parking, and adjacent amenity areas of the Recreation Facility. The remainder of the Recreation Facility is excluded from these requirements. f. A block length of up to 1250 feet is allowed along Deacon Drive in front of the Recreation Facility (RC Block 1). g. The Recreation Facility will be platted as a single commercial building lot that encompasses Detention Ponds 1 and 3. Drainage and access easements shall be granted to the Homeowners Association for maintenance purposes associated with the detention ponds and their related appurtenances. h. The following operational restrictions shall be imposed on the Recreation Facility and its related facilities: • Hours of operation for the cable wake board ski facility shall be no earlier than 8:00 a.m. and no later than 10:00 p.m. All other recreational amenities may be open for use between the hours of 7:00 a.m. and 12:00 midnight. The restaurant will be allowed to set its own hours of operation. • Lighting shall be designed in accordance with the Unified Development Ordinance. Lights used for the ski facility shall be turned off no later than 1 hour following the closing times noted above except when necessary for maintenance purposes that cannot be undertaken during daylight hours. • A landscaped buffer shall be established between the Recreation Facility and the property immediately north in accordance with the Unified Development Ordinance. Plantings shall include shrubs and trees that, when fully mature, shall be of sufficient density to provide 100% opacity to a height of at least 6 feet as measured from the adjoining property line. 6. Density for the residential development portions of this tract shall not exceed 8.45 dwelling units per acre. This figure is computed by dividing the total number of dwelling units by the sum total of open space areas (parks, detention pond, common areas) plus the privately owned properties inside the residential areas. Detention ponds used in conjunction with the Recreation Facility are excluded from this computation as long commercial operations are offered at the facility. 7. All commercial and residential buildings shall be limited to 2.5 stories (35 feet). Unless otherwise noted herein, all non - residential buildings shall meet the single - family height setback requirements of the UDO where they adjoin townhome or single family homes. 8. When there are more than 30 lots to be served by external street connections, a minimum of two connections to external paved public streets shall be required. A Remote Emergency Access is permitted to serve as one of these connections. Two street connections to external paved public streets shall be required when 100 or more lots are served. 9. Unless otherwise noted herein, buffer areas will be provided in accordance with the UDO. 10.Driveway access from residential Tots shall not be permitted onto streets designated as minor collector or larger. 11.Right -of -way and pavement widths shown on this plan reflect the widths that are required along the majority length of each street. These widths can be increased at intersections of collector streets as needed to accommodate turning lanes, medians or other traffic controls. 12.The minor collector streets currently shown on the College Station ISD property must be constructed by the developer of this subdivision unless the streets are needed sooner by the school district. The developer is not required to provide additional capacity in the drainage, water, sewer or other utility systems to accommodate development of the CSISD property in excess of what is required by the UDO. 13.The portion of Deacon Drive shown on this Concept Plan across the College Station ISD property must be constructed with the initial phase of this subdivision. 14.A1l stormwater requirements (including detention) shall be designed to comply with the BCS Drainage Design Guidelines. The detention pond adjacent to Commercial Tract 2 shall also meet commercial standards including landscaping and treatment of concrete structures. 15.If the City of College Station or another entity constructs a regional detention facility in the drainage basin encompassing this tract of land that has capacity to serve this development, one or more of the detention facilities shown here may be eliminated upon approval by the City Engineer. Any land released from use as a detention facility may be developed for other uses pending approval of revised PDD Zoning. 16.Pedestrian and bicycle circulation will be provided throughout the project as required by the UDO. Location and details of these facilities will be determined at platting or site plan submittal.