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HomeMy WebLinkAboutOrdinanceORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, "BUILDING REGULATIONS" AND CI-IAPTER 9, "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A LIMITED MORATORIUM ON CERTAIN BUILDING PERMITS AND PLATTING APPLICATIONS IN SPECIFIC AREAS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING A PENALTY. WHEREAS, there are certain areas within the City of College Station that are served by aging infrastructure and facilities that are not designed to accommodate increases in the area density or handle additional development; WHEREAS, the existing codes and regulations related to platting and building permits do not adequately protect these areas from incompatible land uses and increases in density; and WHEREAS, the City Council needs a reasonable period of time to develop new or revised codes to establish appropriate densities, lot sizes, and development criteria and guidelines for the areas set out in Exhibit "A"; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1 That Chapter 3, "Building Regulations" and Chapter 9, "Subdivisions", 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 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. PART 3: 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. o/group/IegaVhc/ordinance/buildingmoratorium. doc .,,„,~~~ ORDINANCE NO. PASSED, ADOPTED and APPROVED this day of January, 2000, APPROVED: PAGE 2 LYNN McILHANEY, Mayor ATTEST: CONNIE HOOI{S, City Secretary APPROVED: City Attorn ~.,.,~ . ~_.~:_,r._,~..:,.,:...._.~_..__...... ,.~ ORDINANCE NO. EXHIBIT "A" I. PAGE 3 That Chapter 3, "Building Regulations", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 1 by adding a new Subsection J to read as Follows: J. MORATORIUM ON CERTAIN APPLICATIONS 1. In addition to the other provisions of this ordinance, there is hereby established a moratorium on building permit applications for an additional principal structure or residential dwelling unit on any single Family residential lot, parcel of land or building plot on which a residential dwelling unit already exists. 2. No application fora building permit for an additional principal structure or residential dwelling unit on any single family residential lot, parcel of land or building plot on which a residential dwelling until already exists for the areas set out in provision 4 below shall be accepted by the City of College Station Erom the date this ordinance becomes effective through August 15, 2000. That Subsection J, "Moratorium On Certain Applications", and the moratorium on applications hereby established shall expire on August 15, 2000. 4. Moratorium Areas. The moratorium on applications established by this section shall be limited to the Following areas: Area A- An area bounded by Texas Avenue, Holleman Drive, Glade Avenue, Southwest Parkway, Wellborn Road and George Bush Drive and reflected in Illustration A below. Illustration A o/~oup/legal/he/ordinanceJbuildingmoratorium. doc 01/14/00 ORDINANCE NO. PAGE 4 Area B- An area bounded by Texas Avenue, University Drive, Tarrow Street, Lincoln Avenue, University Drive, the Earl Rudder Freeway, and Harvey Road and reflected in Illustration B below. Illustration B II. 'That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College Station is hereby amended by adding a new Section 17 to read as follows: SECTION 17: MORATORIUM ON CERTAIN APPLICATIONS 17-A. In addition to the other provisions of this ordinance, there is hereby established a moratorium on plat, replat, vacating or resubdividing plat applications for the purpose of dividing any existing single family residential lot, parcel of land or building plot. 17-B. No application Eor a plat, replat, vacating oc resubdividing plat for the purpose of dividing any existing single family residential lot, parcel of land or building plot for the areas set out in `Subsection 17-B.3 shall be accepted by the, City of College Station from the date this ordinance becomes effective through August 15, 2000. 17-B.1 This Section shall not apply to any lot, parcel or building plot for a preliminary plat approved prior to January 13, 2000. o/group/IegaVhc/ordinance/buildingmoratorium.doc 01/14/00 ORDINANCE NO. PAGE 5 17-B.2. Expiration oESection This section and the moratorium on applications established shall expire on August 15, 2000. 17-B.3. Moratorium Areas The moratorium on applications established by this Section shall be limited to the following areas: Area A- An area bounded by Texas Avenue, Holleman Drive, Glade Avenue, Southwest Parkway, Wellborn Road and George Bush Drive and reflected in Illustration A below. Illustration A o/group/legaUhc/ordinance/buildingmoratorium doc 01/14/00 ORDINANCE NO. PAGE 6 Area B- An area bounded by Texas Avenue, University Drive, Tarrow Street, Lincoln Avenue, University Drive, the Earl Rudder Freeway, and Harvey Road and reflected in Illustration B below. Illustration B o/goup/legal/he/ordinance/buildingmoraioriumdoc Ol/L4/00 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 1638, THE ZONING ORDINANCE OF 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 That Chapter 12, "Zoning", 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 This district is established to preserve and enhance neighborhood quality and character. It is intended to be place over established single family residential areas where: (a) Older street, utility and drainage systems are not suitable to support increased densities resulting from infill development or redevelopment activities. (b) Private covenants and restrictions do not adequately control compatibility and suitability of platting and construction. PART 3: 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. PART 4: 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 day of , 1999. ATTEST: APPROVED: CONNIE HOOKS, City Secretary LYNN McILHANEY, Mayor APPROVED: HARVEY CARGILL, JR. City Attorney EXHIBIT "A" That Ordinance 1638, Section 8.4, is hereby amended to read as follows: 8.4 NUl\1BER ~',°G'~~,'n~i OF nnno~ ~ru ~ ~~ nnt~ ~>> PRINCIPAL STRUCTURES ON A LOT OR BUILDING PLOT: In any single family residential district, no more than one (1) structure housing a permitted principal use may be erected on a single lot or building plot;. In all other districts, more than one (11 structure housing a permitted principal use may be erected on a single lot or building plot, but yard and other requirements of this ordinance must be met for each structure as though each were on an individual lot or building plot. That Ordinance 1638 is hereby amended adding Section 8.21 to read as follows: 8.21 NEIGHBORHOOD PRESERVATION OVERLAY: A. [n the event that an area is rezoned to appl,~ tti his preservation overlay, this district shall apply to~ill single family residential property in the underlying district. The underlying district cstablishe~ the~crmitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underl,~~r use and site restrictions. B. In addition in addition to the requirements of the District Use Schedule -Table A, the. fc~llativing minimum lot area requirements ap~~ly to single family residential property (a) The minimum lot size is the platted lot or building~~lot as it existed on the effective date of this ordinance; or, bbl For new lots or building plots created by subdivision,~latting. replating or partition, a minimum of `~.~O0 Si~tt~:u~c I~cct. ORDINANCE NO. 17-B.2, Expiration of Section PAGE S This section and the moratorium on applications established shall expire on August 15, 2000. 17-B.3. Moratorium Areas The moratorium on applications established by this Section shall be limited to the following areas: Area A- An area bounded by Texas Avenue, Holleman Drive, Glade Avenue, Southwest Parkway, Wellborn Road and George Bush Drive and reflected in Illustration A below. Illustration A o/group/IegaUhc/ordinance/buildingmoratorium doc 01/14/00 ORDINANCE NO. PAGE G Area B- An area bounded by Texas Avenue, University Drive, Tarrow Street, Lincoln Avenue, University Drive, the Earl Rudder Freeway, and Harvey Road and reflected in Illustration B below. Illustration B dgroup/legaVhc/ordinance/buildingmoratoriumdoc 01/14/00 AGENDA ITEM NO. 11: Public hearing, consideration and possible action on an amendment to ordinance #1638, the Zoning Ordinance of the City of College Station, adding Section 23 MORATORIUM ON CERTAIN APPLICATIONS. (99-814) This item was presented and discussed with Agenda Item No. 10. Commissioner Kaiser moved to recommend approval of the moratorium, with recommendation that "Area A" include the "states" streets, and extend the area to include properties bounded by George Bush, Wellborn Road, Southwest Parkway, Glade, up Holleman from Glade, to Texas Avenue. Commissioner Mooney seconded the motion. Commissioner Floyd amended "Area B" to exclude the portion bounded by University Drive, Tarrow, Lincoln (a triangular area). Commissioner Kaiser amended his motion to include Commissioner Floyd's suggestion. ~"4 r~ l~ s^.A