HomeMy WebLinkAbout2011-3339 - Ordinance - 04/28/2011
ORDINANCE NO. 2011_3339
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" 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 28t" day of April, 2011
APPROVED:
MAYOR
ATTEST:
City Secret
APPROVED:
ity Attorney
ORDINANCE NO.-2011-3339 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 C-1 General Commercial to PDD Planned Development
District, with the restrictions listed in Exhibit "B" and in accordance with the Concept Plan
shown in Exhibit "C" and as shown graphically in Exhibit "D," and with the standards contained
in Exhibit "E":
Lot 1, Block 1, Rock Prairie Marketplace Subdivision
ORDINANCE NO.-2011-3339 Page 3
EXHIBIT "B"
The Concept Plan provides for general commercial development on the subject property.
Purpose & Intent Statement
The applicant has stated the following purpose of the PDD zoning "to enhance the possibility of bringing
a valuable retail and commercial development to the City of College Station, Texas."
Land Use
The PDD proposal includes all land uses permitted in the C-1 General Commercial zoning district.
Access
Driveway locations are limited to those shown on the Concept Plan. The driveway shown to the State
Highway 6 South Frontage Road is subject to TxDOT review and approval.
Building Height
The applicant has proposed building heights in the range of 15 to 40 feet.
Base Zoning and Meritorious Modifications
C-1 General Commercial is the base, underlying zoning district for standards not identified in the PDD.
At the time of site plan and plat, the project will need to meet all applicable site, architectural and
platting standards required by the Unified Development Ordinance except where meritorious
modifications were granted with the PDD zoning or the attached "Rider". The following meritorious
modifications were granted:
1. Section 7.2.1 "Number of Off-Street Parking Spaces Required" of the Unified Development
Ordinance
Off-street parking requirement of 1 parking space per 250 square feet of space for multi-tenant
structures with no limitation on intense uses, and no additional parking required for intense uses.
Restaurant parking is 1 parking space per 100 square feet of area, regardless of whether the use has a
drive-thru.
2. Section 7.9.D.2 "Parking Screening" of the Unified Development Ordinance
Berms are not be required for parking screening. Vegetation will be used for screening.
3. Section 3.5.E.2 "Site Plan Review Criteria" of the Unified Development Ordinance -related to
the provision of sidewalks
A sidewalk is not required along State Highway 6 Frontage Road.
4. Section 7.3.C.3 "Spacing of Driveway Access" and 7.3.C.4 "Freeway Frontage Road Access and
Location Requirements" of the Unified Development Ordinance
The driveways are as depicted on the attached concept plan - two driveways to Scott & White drive
and one to Rock Prairie Road. Additionally, the applicant has proposed a driveway from the State
Highway 6 Frontage Road, subject only to compliance with TxDOT requirements.
5. Section 7.4 "Signs" of the Unified Development Ordinance
ORDINANCE NO. 2011-3339 Page 4
Two freestanding signs for the shopping center in the general locations shown on the Concept Plan;
one sign at the hard corner with a maximum height of 20 feet tall and a maximum area not to exceed
200 square feet, and a second freestanding sign at the southern end of the property, with a maximum
height of 30 feet tall and a maximum area not to exceed 300 square feet. Additionally, five
additional low profile signs are permitted with the pads along State Highway 6.
6. Section 8.2.E.3 "Street Projections" and 8.2.G "Blocks" of the Unified Development Ordinance
Any future subdivision plat is exempt from maximum block length requirements and no Public Way
is required to be provided, subject to the provision of internal cross access among the lots/pads on the
property.
7. Section 7.12 "Traffic Impact Analysis" of the Unified Development Ordinance
A Traffic Impact Analysis not required.
ORDINANCE NO. _2Q11 _ Ug
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ORDINANCE NO. 2011-3339 Page 6
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ORDINANCE NO. 2011-33-49 Page 7
EXHIBIT "E"
RIDER TO APPLICATION
1. The Rezoning Application Fee and the Traffic Impact Analysis have been waived by the
City of College Station. In addition, the City of College Station has waived all development fees
(including, without limitation, impact fees) associated with the development up to $30,000.
2. Approximately 8.026 acres of the Property are leased by WRI from Rock Prairie
Development, Ltd. pursuant to a long term ground lease; and approximately the .9877 acres (the
remainder) of the Property are owned in fee by WRI.
WRI, as both ground lessee and owner is the Owner/Applicant for purposes of this Application.
Furthermore, a consent letter is attached to the application signed by David Scarmardo, President
of Rock Prairie Realty Group, LLC which is the general partner of Rock Prairie Development,
Ltd.
3. Deed Information:
WRI Leased (Scarmardo) Tract - The property was conveyed to owner by deed recorded in
Volume 4121, Page 70 of the Brazos County Official Records.
WRI Fee Tract- Deed dated February 14, 2007, recorded in Volume 7819, Page 266 of the
Brazos County Official Records.
4. Proposed Use of Property: Uses may include, without limitation: gas station/convenience
store; restaurants with drive through; branch bank with drive through; retail strip center and/or all
other permitted uses in C-1 zoning.
5. Meritorious Modifications Mutually Agreed Upon by the City of College Station and
Weingarten Realty.
A. Approval of the PDD and subsequent development of the Remainder Tract shall
not require any off-site improvements save and except the off-site construction of
reasonably required deceleration, acceleration and turn lanes at the ingress/egress
points to/from the Remainder Tract.
B. Subdivision and development of the Remainder Tract shall only require (i) a 25-
foot wide building setback and landscaped buffer with a sidewalk without any
screening wall or berm along the Remainder Tract's property line with Rock
Prairie Road, and (ii) a 25-foot wide building setback and landscaped buffer
without any sidewalk, screening wall or berm along the Remainder Tract's
property line with SH-6. Such buffers shall be in lieu of any building setbacks
and green space requirements which CCS would otherwise require, and utility
ORDINANCE NO. 2011-3339 Page 8
easements, signage, parking and other infrastructure may be located within these
buffers. Landscaping in said buffers shall otherwise comply with CCS's landscape
requirements.
C. Subdivision and Development of the Remainder Tract shall require off-street
parking as stated in the UDO except as follows: (i) the off-street parking
requirements for retail uses shall be equal to one (1) parking space per 250 square
feet of space; (ii) the off-street parking requirements for restaurant uses shall be
equal to one (1) parking space per 100 square feet of space regardless of whether
such restaurant(s) includes a drive-through. Further, CCS shall waive the
prohibition under the UDO that no more than 25% of any shopping center square
footage be used for intense uses, and CCS shall waive the requirement related
thereto that additional parking be provided related to such intense uses.
D. The Remainder Tract shall be granted two (2) access points onto Scott & White
Drive (f/k/a Old Rock Prairie Road). Further, CCS will not object to WRI's
request for two (2) access points along SH-6 subject only to compliance with State
law.
E. The Remainder Tract shall be granted one (1) full access point (ingress, egress,
left turn, and right turn) onto/from Rock Prairie Road, approximately in the
location shown on the Concept Plan, by way of the off-site platted easement
located along the northeast boundary of the Remainder Tract terminating onto
Rock Prairie Road, and running across the southwestern portion of Tract 2 of the
S&W property (contiguous with the Remainder Tract). Further, subject only to
State law, CCS shall not oppose WRI's request for a right in/right out driveway at
a location on Rock Prairie Road no closer than 150 feet northeast of the
intersection with SH-6.
F. Signs associated with the development of the Remainder Tract shall comply with
the UDO except that it shall be allowed a total of two (2) Freestanding
Commercial Signs for the shopping center portion of the development as
approximately shown on the Concept Plan, which shall be located and sized as
follows: (i) Sign 1 shall be located at or near the corner of SH-6 and Rock Prairie
Road (20 feet tall; signage space not to exceed 200 square feet), and (ii) Sign 2
shall be located on the southern portion of the Remainder Tract's frontage on SH-
6 (30 feet tall; signage space not to exceed 300 square feet). Further, the
Remainder Tract shall be granted five (5) additional low profile Commercial
Signs to be located along SH-6. All signs described in this paragraph may be
located within the 25-foot setback.
G. There shall be no requirement to construct or otherwise guarantee the construction
of a multi-use path or sidewalk along SH-6.
ORDINANCE NO.-2011-3339 Page 9
H. The subdivision of the Remainder Tract and its development shall be exempt from
the requirements of the UDO, related to maximum block length together with any
requirement that a Public Way be provided subject to the provision of internal
cross access among the lots/pads on the Remainder Tract.
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