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HomeMy WebLinkAbout2011-3350 - Ordinance - 06/09/2011 ORDINANCE NO. 2011-3350 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 Exhibits "A" through "B" 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 35o~f the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ( -IH' day of 12011 APPROVED: MAYOR ATTEST: City Secret APPROVED: 41 City Attorney ORDINANCE NO. 2011-3350 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 A-O Agricultural Open to PDD Planned Development District: 108.88 Acre Tract Crawford Burnett League, A-7 College Station, Brazos County, Texas METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A THE REMAINDER OF A CALLED 136.063 ACRE TRACT AS DESCRIBED BY A DEED TO L.M. HAUPT, JR. AND WIFE, STELLA GEREN HAUPT RECORDED IN VOLUME 171, PAGE 392 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE REMAINDER OF A CALLED 3.3 ACRE TRACT AS DESCRIBED BY A DEED TO LEWIS M. HAUPT, JR. RECORDED IN VOLUME 293, PAGE 788 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "B" AND GRAPHICALLY SHOWN IN EXHIBITS «C„ «D„ and «E„ ORDINANCE NO. 2011-3350 Page 3 EXHIBIT "B" MITES AN1010OUNDS DESCRIPTION Of A 108.88 ACRE TRACT C17,AWFORD BURNETT'LEAGUE:, A-1 COLLEGE STATION, BRAZOS COUNTY, TEXAS iN• APES ANT) BOUNDS DESCRIPTION OF ALL TI T CERTAIN TRttC OR 1" ARC FL OF LAND LYING AND BEING SITUATED IN THE CRA iFORI) N, I.1It.I'dFfT LFA(WF, ABSTRACT NO, 7, COLLEGE STATION, BRAZOSCOUN"l'Y,TFX.A.S. SAID TRACT BEING THEREMAINDEROFAC1ALLEDIM,063ACRE TRACT AS DESCRIBED BY A DEED TO L. IMI, HAUPT, I'R AND WIFE, STE`"i LA GEREN HAUPT RECORDED IN VOLILME. 171, PAGE 392 O.F "IHE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE RENIAI'*. R)E'R OF A C ALI XD 3,:J ACRE `T`RACT AS DESCRIBED BY A DEED TO LEWIS M. FIAUPT, JR. RECORDED IN VOLUNIE 293, PAGE 789 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARI..Y DESC:RTBED BY METE S AND BOUNDS AS FOLLOWS; 13F:GA4"+1NiNG AT A,5 INCH IRON ROD FOUND ON THE SOUTHWEST LIKE OF OLD WELLBORN ROAD MARKING THE EAST CORNER OF SAID REMAINDER OF 136,063 ACRE TRACT AND "I HE NORTH CORNER OF A CALLED 11.40 ACRE TRACT AS DESCIt IBE'L) BY A DEED TO OSAGE, LTD° RECORDED IN VOLUME 11301, PAGE 570 OF THE OFFIC.FAL RECORDS OF BR.AZOS COUNTY, TEXAS; TIIENCE: S 41112'34" W ALONG; THE COMMON LINE OF SAID REMAINDER Of 136,063 ACRE TRACT AND :SAID 12.40 ACRE TRACT FOR A DISTAIw1C"E OF $17.17 FRET TO A 318 INCA IRON ROD FOUND MARKING THE EST CORNER OF SAID 12.40 ACRE TRACT AND TUE' NORTH CORNER Or THE REMAINDER OF A CALLED B,B33 ACRE TRAGI" AS DESCRIBED BY A DEED TO GREENS PRAIRIE INVESTORS, LTD. RECORDED IN VOLUME E4I3, PAGE 22 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; TIIEINC:E: 5 41'55' 501'" W ALONG TFIE COMMON LINE OF SAID REMAINDER OF 1:36,06:3 ACRE TRACT' ANID SAID RE14ATNT)FROF 8.833 ACRE TRAC`I` FOR A DISTANCE OF 429.64 FEET TO A'/2 INCH IRON ROIL) FOUND MARIti.INU 1"HE. C.=()M1'M ON CORNER OF SAID REMAINDER OF 8.833 ACRE TRACT AND THE PRAIRIE- DESCRIBED EE.NS RECORDS OF VNS"I'ORS, I.TDRECORDED IN VOLUME 8513,, PA4. E 276 O THR OFFICIAL PUBLIC RECORDS OF BR.A70S COUNTY, TEXAS, THENCE: S 411, 18'46" W ALONG THE COMMON LTNE OF SAID REMAINDER OF 1:36.0163 ACRE TRACT AND SAID RI MAINDER OF 3.0 ACRE TRACT FOR A DIS I'A N C E OF 124, r4 FEET TO A ~ INCH IRON HOE) FOUND MARKING THE NORTH CORNER OFWILLIANISCIATI:. SUBDIVISION, PHr'1SI?. 1, ACCORDING TO THE PLAT R''FCORDED IN VOLUME 7705„ PAGE 206 01 1 1I F OFFICIAL PUBLIC RECORDS OF F RAZ.O COUNTY, TExAS THENfi~f I.: S 41'3,D'18" 5 ,EuC l ! ON TI,IFICOMMdpI+1' LTIMIE OF SAID REMAINDER OF 136,061 ACRE, TRACT ND T I IE'REIv}AI!NDER OF A CALIXID 20.25 ACR.E'I'R►(, T AS 1) I- st'I IBED BY A DEED TO ROBBIE ROB INSO,)'N,1,"11), RECORDED IN VOLUME 6446, PACT E 92 OF T1-1E C F1 LCIAL PUBLIC RECORDS OF BRAZO'S COX-lNTY, TEXAS, FOR A DISTANC'F (1F 637.46 FEET TO A !i1 INCH IRON ROT) FOUND MARKING AN EASTERLY CORNER. OF A CALLED 22.917 ACRE TRACT AS DRSC.RIBED BY A DEED TO CHARLE51. 111RNPA AND MARY E. TURNER RECORDED IN VOIAJME 3331, PAGE 61 OF THE OFFICIAL PUBLIC RECORDS OF BR.AZOS COUNTY, "T"EXAS,; "1 HRINC F: N 49®' 58'35" W ALONG TI-IE COMMON LIN72 OF SAID REMla'C1LVDi3R OF 136.063 AC'RT, TRACT AND SAID 22.97 ACRE 'TRAC"'1" FOR A DISTANCE OF 562.09 FEE I' TO A 4 INCH IRON ROD FOUND MARKING THE NORTH CORNER Or SAID 22,97 ACRF,'rRACT; THENCE: S 41'21'39"W CONTINUING tC1d)1h G TFIR COMMON LINE OF''SAID REIM+ MIND ER OF 136,0163 ACRE TRACT AND SAID'2197 ACRE TRACT FOR A DISTANCE OF 801.59 FEErTO A INCH IRON ROD R')11") 014 THE NORTIn'%r ST LINE OF A CAI,mI E() 23,001 ACRE TRACT DESC'RLBED AS TRAC."T'2 BY A ORDINANCE NO. 20i i-3i5o Page 4 EXHIBIT "B" CONTINUED NEED TO HENRY P. MAYO AND WIFE:, SSANDRA K, MAYO RECORDED IN VOLUME 1253. PAGE 8781 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF A CALLED 27,017 AC:RETRACT INVIDFD OU T OF SAID REMAINDEROF 136.063 ACRE'TRAC'T", SATD 27.017 ACRE TRACT NOT YET FILED OF RECORD A I THIE ""T [ME OF THIS DESCRIPTION; THENCE: THROUG3HSAID REMAINDER OF136.063ACXFTRACTANDALCaNGTHENORnlEAS1'AKD t-) FR I'I- IVESO' LMS OF SAH) 27.017 ACRE TRACT FOR THE FOLLOWING C:AI.ILS; N 47" 431 8"1V FOR1 A DISTANCE Or 846.64 FEET TO A '/x INCH IRON' TROD FOUND; S 42" 5V 01" W FORA DISTANCE OF 803.33 FEET TO A'.2 INCH IRON ROD FOUND MARKINGS THE BEGINNING OF A CLOCKWISE CURVE FIAV[N O A RADIUS OF 468.50 FEET;. ALONG SAID CI.IRV F TRTROIJGIT A CENTRAL ANGaLE C)F 25" 02'4 3 " FOR AN ARC DISTANCE OF 204.'74 FEET (CIIORD BEAR'S: S 55° 20 04"' l.>,r' - 203.17 FEET) TO A ~i IN,CII IRON TROD FOUND IMIARIC-IN6 THE V.NT)(N6 `llOl1+IT Or SAID CURVE;; S 67 52' ;13" W FORA DISTANCE OF 3021 FEET '1Y) A% INCH IRON ROD FOUND ON THE NORTHEAST LINE OF JONES BC1T`.LER ROAD ,MA FRKING TI IE SOUTIIVVEST CORNER OF THIS H R,F:RN DFSCRIBED TRAC"T; TpIIr"„INCE: 1"+122" OT 42"NV ALONG THE NORTHEAST LINE OF JONES RSL 'll-Ek ROAD, SAME BEING "THE SOUTHWEST LINE OF SAID REIwIAINDI: R OF 3.3 ACKV, TRACT, FOR A DISTANCE OF 412,64 FE IA ) AV, INC14 IJR.C;WN ROD F0L1ND MARKING Tf 11, COMMON CORNER OF SAID RRW MATKI)ER OF 3.3 ACRE TRACT AND A CALLED 24.175 ACRE TRAC T A 4 r)ESCRMED BY A DEED TO JOHN WF11'L LE'R BARG'TER. TRUSTEE, RRMC ORC1DFI) IN VOLUME 7553, PAGE ` 0 OF THE OF1wICIA1. I'CMLIC RECORDS OF BRAZOS CC)R.1NR'I'Y, TF- iAS; THENCE. N 421 14° 17't ALONI G °1T-TE COMMON LINE OF' SAID REIWRAINI)ER OF 3.3 ACRE TRACT AND SAID RE14IF WDER OF 136.063 ACRE TRAC='I" ANI) SAID 2 3,.175 ACRE TRACT FOR A DIS`TANCLOF 3402.74 FEET TO A 61INC=H: FFNC'" CORNER POST FOUND ON THE tic11 I MVEST I.TN1, OF t-)LD WEL ;BORN ftoA1) MARKING TILE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT, T f 1ENCE: 5 47 04' 17" E ALONG'THE SOUTHWEST LINE OF OLD WELLBORN' ROAD FOR A DISTANCE OF 1867.58 FEET'TO TFRi''E 1F" IIEG,INNING OONTAININ'C,r 108.0 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON TI1E GROUND MAIRG:YR 2010. SEE PLAT PREPARED MARCH 2010, FOR MORE DE.,.sC:RIM'IVE, INFORMATION, BARING SYSTEM SHOWN IER RIN IS BASED ON GRID NC)JR'I''H AS FtiTABIASHED FROM GPS OBSERVATION. BRAT) KETRR REGISTERED FROF.RiSSIONAL 1 LAND SURVEYOR Ni 4502 ~a D'.~k3'C)IRN:AI3~10-~2.*I.I~IRT3 ORDINANCE NO. 201> _3-i5(1 Page 5 EXHIBIT "C" Z - r --1 Q 4 *,a- I*X IV. o 0 ' c a ad.4 ~Q N /o. o a CL 0 fa 6Vt,~t r d' cl 0 •O r Ra ii~a y o # s` GOj ,A Q N Q Z - r~ W• R t1e~ d l =1 30 - ORDINANCE NO. 2011-3350 Page 6 EXHIBIT "D" The applicant has provided the following information related to the purpose and intent of the proposed zoning district: "The purpose of The Barracks II Subdivision is to provide a community of blended uses that co-exist to form a sustainable, attractive and desirable place to live and work. This development will consist of townhomes, detached homes, commercial properties, parks, and other amenities that target the 18-30 year old demographic population. The Concept Plan has been developed with strong consideration given to the guidelines outline in the City's Comprehensive Plan. It includes unique, innovative designs that will serve as models for similar developments in the City." Through the PDD, the following modifications have been granted: Concept Plan 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. 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 0 Rear setback distance - 20 ft ORDINANCE NO. 2011-3350 Page 7 EXHIBIT "D" CONTINUED • 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) • Maximum restaurant size shall be 3500 sf inclusive of all seating area, kitchen, and ancillary spaces. • 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 and may be a maximum of 15 feet in height. 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 7, SF Block 12, and TH Block 2. 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 s£ This figure excludes self storage units and buildings associated with the Ski Park. 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 s£ 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: • One commercial building will be allowed up to a maximum of 15,000 sf. The building may be located in either Commercial Tract 3 or 4. ORDINANCE NO. 2011-3350 Page 8 EXHIBIT "D" CONTINUED 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 and to adjacent developable properties. 5. A block length of up to 1250 feet is allowed along Deacon Drive in front of the Detention Ponds (DP Block 1). 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 Ski Park are excluded from this computation as long as that facility remains a commercial operation. 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 lots 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 major/ 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 CS1SD 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. All 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 ORDINANCE NO. 2011-3350 Page 9 EXHIBIT "D" CONTINUED 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. ORDINANCE NO. 2011-3350 Page 10 EXHIBIT "E" cli i'WM ii tC"A4]tll'~ LEW 'W'wViJ t£ ",IWUf!'11 to C - _ w 4 1 - F - cir R R n7l e wa ; - i ' .nom u _ ~ A~"d iM 4L xaa Yb9 r'~ E r , >r. se v~ v ~a ~ u ac 'mom ar ez E ~ xsw- sa n k Wan, M q