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HomeMy WebLinkAboutOrdinance , ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1638, THE ZONING ORDINANCE FOR THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: PART 2: PART 3: That Ordinance 1638, The Zoning Ordinance for the City of College Station, Texas, be amended as set out in Exhibit "N', attached hereto and made a part of this ordinance for all purposes. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. 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 Five Hundred Dollars ($500.00) 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 publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this~ day of ATTEST: . 1997. APPROVED: CONNIE HOOKS, City Secretary L YNNMcILHANEY, Mayor ~ Page 2 Ordinance No. EXIllBIT A AMEND CHAPTER 15, SECTION 15.2 TO ADD 15.2 (F) AS FOllOWS: 15.2 (F) -To authorize upon appeal variances to the drainage ordinance, that when acting in this capacity, the Zoning Board of Adjustments must have one 01 the alternates with an engineering background present during hearing of case. AMEND CHAPTER 15, SECT 15.3 TO READ AS FOllOWS 15.3 ORGANIZATION OF THE BOARD The Board of Adjustment shall consist of five (5) members who are residents of the City and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) members appointed initially shall have terms of only one (1) year. After the initial appointments, two (2) members shall be appointed in odd numbered years to maintain a membership of five (5) members. Members shall be removable for cause by the City Council upon written charges and after a public hearing. Vacancies shall be filled .for the unexpired term of any member wllose term becomes vacant. However, the City Counci.1 may provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so. Two (2) of the alternate members must be licensed engineers in the State of Texas. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the. regular members and any vacancies shall be filled .in the same manner and shall be subject to removal as the regular members. AMEND CHAPTER 10.4, SECTION B. * AS FOllOWS: 10.6 SPECIAL RULES FOR C-N DISTRICTS Site plan review and proposed uses within the C-N Neighborhood Business District are subject to approval by the Planning and Zoning Commission. Applicants shall file an application form with the City Planner no less than twenty (20) days prior to the regularly .scheduled meeting of the Planning and Zon.ing Commission at which the plan is to be reviewed. The application form shall 5e accompanied by all supporting information required in Section 10.1 above, a list of prop-erty owners witflin 200 feet * , and a receipt for filing fee. The application fee shall be determined by the City Council. * PropertY- owners within two hundred (200) feet of the site shall be identified by th~ Pla~nin.g Office using the Tax Rolls supplied by the Brazos County Appraisal Dlstnct. ~ Ordinance No. Page 3 A. The applicant shall give public notice by publication in a local newspaper as directed by the City-Planner at least fifteen (15) days prior to the date set for the public hearing. B. * The City Planner shall notify all property owners of record within two hundred (200) feet of the property in question at least ten (10) days prior to the public hearing. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in United States mail. C. The City Planner shall notify the applicant of the date, time, and place for the preliminary review of the project by the Project Review Committee. D. The Project Review Committee shall review the proposed project in accordance with Section 10.2 prior to the Planning and Zoning Commission meeting. The Project Review Committee shall sUDmit written recommendations to the Planning and Zoning Commission. A copy .of this report shall be sent to the applicant. The applicant shall file ten (1 0) copies of the final site plan as approved by the Project Review Committee, showing all changes and requirements imposed by tfle Project Review Committee after whicfl the Planning and Zoning Commission shari hold a public hearing for the purpose of approving or denying the project plan. E. The. applicant or the owners of forty percent (40%) or more of the property within two hundred (200) feet of the J)roject site may appeal tOI the City Council any determination made by the Planning and Zoning Commission. The appeal should be made by petition filed with the City Secretary. within ten (10) days after the public hearing. AMEND CHAPTER 14. SECTION 14.2 (B) AS FOLLOWS: B. Th~ applicant shall give public notice by publication in a local newspaper of ge.nerar circulation at least fifteen (15) days prior to a date set for a public flearingbefore the Commission. The City Planner shall notify all property owners of record within two hundred (200) feet of the property in question. The notice may be serv~d by its deposit in the municipality,. Rroperly adqressedwith postag~ paid, in United States mail at least ten (10) days prior to the date set for tfle public hearing_ The City Planner shall also give a report and recommendation to the Commission on the date of hearing. AMEND CHAPTER 14. SECTION 14.2 (E) AS FOLLOWS: E. Any person or persons, jointly or severally aggrieved by a decision of the Commission may present to tfle City Secretary an appeal, setting forth that such decision is unjust and/or was made in error, in whole or in part. The ap. peal must be in writing, mustspeCify.the grounds of injustice and/or the pOints on which the Commission erred and must be signed by the appellant(s). Such appeal shall be presented to the City Secretary within ten (10) days after the final decision. of the Commission, and not thereafter. The City Secretary shall then schedule a PUbliC. hearing before the City Council and shall notify all property owners within two hundred (200') feet of the subject prop.erty under appeal. This notice, in a form prepared by the City Planner, shall be. served by its depOSIt in the mUnicipality, properly addressed with postage .paid, in United States mail and shall be given no I.ater than ten (10) days prior to the date set for the public hearing. Notification, as prepared by the City Planner, shall also be ,given by the City Secretary by publication in a local newspaper of general circulation at least fifteen (15) days prior to the date set for the public hearing. 1. Ordinance No. Page 4 The City Council shall hold a p-ublic hearing to consider the appeal and shall uphold the decision of the Commission as it was passed, overturn the decision of the Commission in its entirety or remand the case back to the Commission for reconsideration of certain and specific points. AMEND CHAPTER 17. SECTION 17.4 (B) AS FOLLOWS: 17.4 PUBLIC HEARING AND NOTICE THEREOF A publiC hearing shall be. held by the Commission before making a report to the Council, and a public hearing shall be held by the Council before adopting any amendment to this ordinance. Notice of the public hearing shall be given by publishing such notice at least once in a newspaper of general circulation in the City of College Station, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper at least fifteen (15) days prior to the date set for the public hearing. A. Publication of the notice shall be the responsibility of the City Planner. B. Notice of the proposed zoning change shall also be made by the City Planner by mailing notification which shall be served by its deposit in the municipality, properly addressed with postage paid, in United States mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within two hundred (200) feet of the proposed zoning change is assessed on the City tax rolls. ,.\f ~l Amendments . New Drainage Variance Board . 30 Day Review for Certain Drainage Areas Variance Board . From ZBA to New Board · Membership Qualifications -3 Professional Engineers -1 Real Estate Member -1 Environ/Conservation Member · Drainage Issues Differ from ZBA Scope Impact of Amendment on Pending Project . Amendments don't Apply · Submitted Under Current Regs · New Regs not Retroactive . DP - Technical Review ~1-'6~ "-I (5) _ _ 1-. ,h',n_ . ~Jl~QV\~r '-' ~ --- ~a q[cq 4 , t ~I Other Approvals Necessary . Zoning (discretionary) . Site Development (tech) . Building permits (tech) . Realign city limits . Bryan approval Action . Receive comment on Carter Creek relocation . Discuss Comp Plan Goal ~:.- 5 .I '\ Drainage.. Open Space . Comp Plan Goals . Current Limitations . Alternatives . Pending Project . Amendments Comp Plan Goals . Objective 5.1 "...should prohibit reclamation..." . Not an Ordinance . Develop Implementation Program Current Limitations . Can't Preclude Reasonable Use of Property . Regulate Drainage, Not To Prohibit Development 1 :, 'i Alternatives . Long Term- detailed master plan, acquisition program . Short Term- change review time, consider acquisition Pending Project . Located along Carter Creek . Large Scale Reclamation . Permit Process Permit Process . US Army Corp - 404 Permit . Currently permitted under "Nationwide. Permit" · Must submit for "Individual Permit" · Public Comment Period 2 . '{ ., Permit Process . City of College Station Development Permit (DP) · Currently denied -Channel Bottom Liner -Variance Available Permit Process .FEMA · CLOMR · LOMR pause for applicant presentation 3 .\ .\ rhe presentation this evening will be to. discuss an important element of the recently adopted Comp Plan. If you will recall there are a number of references within the Plan to OpenS pace/Open Space Preservation and greenbelt linkages to City Parks. These areas are those generally shown by the green on the Parks/Open Space element of the Comp Plan. (See Board) Tonight we would like to focus, first, on the overall picture by disclJssing: . the Comp Plan Goals & Objectives that refer to Open Space/Preservation/Linkages . The limitations within our current ordinances in this regard . And look at short and long term alternatives to get us closer to achieving the Comp Plan goals/objectives regarding open space preservation/park linkages Second we would like to allow a developer, Mike Davis, to address you with an overview of his. project (a large scale reclamation project on Carters Creek) that is currently in process with the cities of Bryan and College Station. Third, staff would like to return to the podium to discuss proposed amendments to the drainage ordinance, their effect on this pending project and finally close our presentation>and allow discussion/comment/and action. (2) Comp Plan Goals: Objective 5.1 in the goals/objectives of the Plan states: "College Station should prohibit the reclamation of the floodway associated with Carter Creek, Lick Creek, Wolf Pen Creek, and the Brazos .River to prevent upstream flooding, avoid long term structural and. erosion problems associated with floodplain reclamation and to provide a City-wide network of natural open space." * This objective statement, along with others in the Plan give us direction for the future but they are not ordinances. They must be converted to ordinance form before staff can begin to implement them. ,We are Working on th~ conversion of these goals/objectives and this evening's.disclJssion is one of the stages of that work. * We will be talking tq you about an implementation program with short and long term alternatives to make these goals a reality. (3) Current Limitations At present, we are extremelvlimited in our ordinances as it regards any protection/preservation of open space or these linkage areas. * Our current drainage ordinance Was written as a fl.ood hazard ordinance and it speaks directly to the control of flooding and the prevention of flqod damage. We cannot preclude the use of a person's property with the ordinance unless it poses a flooding problem. ., * The ordinance is written to regulate drainage/flooding. We currently allow the development of entire floodplains and, the relocation of entire floodplains/floodways associated with creeks, streams, drainage swales to allow development to occur, given that there are no adverse flooding impacts. (4) Alternatives... This certainly doesn't move us toward achieving the goals/objectives in the Comp Plan - so how do we get there. * Long term - in the long term, we must look at an acquisition program.. this would consist of a more detailed master plan than what you see here delineating those areas thatare desired for open space and how much of the floodway/floodplain is necessary to achieve that goal. This plan is one that is currently underWay by our parks department in concert with a T AMU class inParks/Rec. This plan is approximately a yearout from completion. Concurrently with that we need to create a funding mechanism and acquisition program to purchase the identified properties and if development pressures begin before the City can acquire the property, a measure to protect it for future acquisition. (VO - *Short term - in the short term, we are suggesting through these ordinance revisions that we change the review time required for development permits in the following basins: carters lick brazos wolfpen (east of SH6 Bypass) this will allow staff time to approach council regarding the proposal and consider acquisition or negotiation with the developer prior to development. (5) Pending project We currently have a project that is pending permits related to this discussion and we are including it this evening to illustrate the type of project that we may see along these open space areas. It is located along Carter Creek in the vicinity of University Drive and Harvey Road. It is a large scale reclamation project, one of the largest that College Station has ever seen. It has already been started through the permit process and as might be expected, there are several permits that.must be granted for a project of this magnitude. They are the US Army Corp of Engineers 404 (wetlands) permit, the City of College Station development permit and a FEMA CLOMR and LOMR. .\ (6) 404 permit... The status of the 404 permit on this project is as follows: the applicant originally permitted this project under a nationwide permit. this permit process is currently being phased out and the permit issued on this project has an expiration date of jah 1998. due to the magnitude of the project, its currentstatus and the proximity of this expiration . date, the corp has asked the applicant to reapply for an individual permit. under the individual permit process, the corp will mail out requests for public comment to adjacent property owners, parks/wildlife, epa, and other gov/t agencies involved in the wetland permit process. they will place otherswho requests on the mailing list for the public comment notice. (there are.flyers in the hall with this address if you desire to be notified) (7) dp The applicant has submitted the necessary documents for this project to the City of College Station. The submittal has been reviewed and the permit denied due to the design not meeting ordinances. the applicantl1lay noW revise the design or request the appropriate variances. Once this is complete, the permit can be issued. (8) fema The applicant has not submitted the project to fema as of this date. Projects of this nature are first approved at the city level and them transmitted to fema for their review and. approval. The fema approval consists of two parts: 1. CLOMR Which is FEMA's comment on a proposed project that would upon construction alter the H/H characteristics and result in the modification of the existing reg. floodway. 2. LOMR FEMA's modification of the FIRM based upon a completed project. (9) At this point, the applicant, Mike Davis would like to present his project, after which I will return and finish the presentation with the ordinance amendments that staff is proposing. mikes presentation (to) Amendment The. amendments that are before you accomplish two things: 1. they create a new drainage variance board and 2. allow 30 days for review of development permits for certain drainage areas in College Station Carters Lick Wolfpen (Upstream of SH6 Bypass) Brazos (11) Variance Board Variances to the drainage. ordinance would shift from being forwarded to the Zoning Board of Adjustment to being presented to this newly created board. The variance board would bea council appointed citizen's board consisting of 5 members. The membership would consist of: 3 professional engineers licensed in the state of texas 1 real estate professional 1 member with an environmental/conserVation background Drainage variance are usually extremely technical and differ significantly from the Zoning Board of Adjustment's scope. They are typically brought forward very seldom and as such it is difficult for a board not versed in this background to learn enough about the variance process and technical requirements. Having a board comprised with this backgroUnd will make the technical interpretation problems less difficult. (12) Impact on amendment on pending project (13)Other approvals necessary (14) Action receive comment on carter creek relocation discuss comp plan goal (15) Discuss comp plan goal direction - short term P&Z motion - ordinance direction - long term master plan acquisition/funding