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HomeMy WebLinkAboutORDINANCE ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 12, "ZONING ", AND ADOPTING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW, AND ADOPTING THE COLLEGE STATION COMPREHENSIVE PLAN AND ALL PREVIOUS AND SUBSEQUENT PLANS AS APPLICABLE, AS THE "OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE PLAN ", AS SET OUT BELOW, PROVIDING A SEVERABILITY CLAUSE; 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TEXAS: PART 1: That Chapter 12, "ZONING ", of the Code of Ordinances of the City of College Station, Texas, is hereby repealed effective June 13, 2003 and Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE" is hereby adopted effective June 13, 2003 and as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That the Official City of College Station Comprehensive Plan (Comprehensive Plan) includes all plans, studies and amendments as set out in Exhibit "B" attached hereto and is made a part of this ordinance for all purposes. 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 provi- sions or sections of this ordinance, which shall remain in full force and effect. PART 4: That the regulations contained with the "UNIFIED DEVELOPMENT ORDINANCE" pertaining to "SEXUALLY- ORIENTED BUSINESSES" are based on evidence concerning the adverse secondary effects of adult uses on the community presented in findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and in studies set out in Exhibit "C ", attached hereto and made a part of this ordinance for all purposes. PART 5: 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 12th day of June 2003. APPROVED: RON SILVIA, Mayor ATTEST: O /group /dev services /susan h /ordinances/ 2002 /UDO ordinance.doc ORDINANCE NO. Page 2 Connie Hooks, City Secretary APPROVED: City Attorne kli: lgroupldeve_ serlsusanhlordinanceslordinances, amendments, reports, resolutions120031udo ordinance.doc 5/14/03 ORDINANCE NO. Page 3 EXHIBIT "A" That Chapter 12, "ZONING ", of the Code of Ordinances of the City of College Station, Texas, is repealed and replaced by Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE ", effective June 13, 2003. klo: Ideve_ serlsusanhlordinanceslordinances, amendments, reports, resolutions120031udo ordinance.doc 5/26/03 ORDINANCE NO. Page 4 EXHIBIT "B" The City of College Station's official Comprehensive Plan consists of the following documents that have been previously adopted by resolution and / or ordinance: • The College Station Comprehensive Plan: City of College Station, Texas dated April 1997 • A Study of the University Drive Corridor dated June 1991 • 2818 Extension Study dated August, 1992 • City of College Station Streetscape Study dated December 1992 • The Northgate redevelopment Plan dated November 1996 • The Revised Wolf Pen Creek Master Plan dated 1998 • A Network of Greenways for College Station dated May 1999 • East Bypass Small Area Action Plan dated October, 2000 • 30/60 Area Plan dated April 2001 • Eastgate Neighborhood Plan dated November 2001 • Rock Prairie /Greens Prairie Triangle Planning Study dated April 2002 • Bikeway and Pedestrian Master Plan dated October 2002 • The City of College Station revised Thoroughfare Plan dated October 2002 • South College Station Thoroughfare Plan Update Phase I dated February 2003 • Wellborn / I &GN Triangle Plan dated February 2003 The Comprehensive Plan is to be used as a guide for growth and development for the entire City and it's extra - territorial jurisdiction (ETJ). The Comprehensive Plan depicts generalized locations of proposed future land -uses, thoroughfares, bikeways, pedestrian ways, parks and greenways that are subject to modifications to fit local conditions and budget constraints. The Comprehensive Plan, in particular the Future Land Use Plan map, and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. The Comprehensive Plan, in particular the Thoroughfare Plan map, and any adopted amendments thereto, shall depict generalized locations of future thoroughfares, bikeways and pedestrian ways that are subject to modifications to fit local conditions, budget constraints, and right -of -way availability that warrant further refinement as development occurs. Alignments within 1,000 feet of the alignments shown will not require a thoroughfare plan amendment. Any subsequent plans and studies amending the Comprehensive Plan shall be adopted by ordinance and incorporated as part of the official City of College Station Comprehensive Plan. klo:ldeve serlsusanhlordinanceslordinances, amendments, reports, resolutions120031udo ordinance.doc 5/26/03 ORDINANCE NO. Page 5 EXHIBIT "C" The regulations contained within the "UNIFIED DEVELOPMENT ORDINANCE" pertaining to "SEXUALLY- ORIENTED BUSINESSES" are based on evidence concerning the adverse secondary effects of adult uses on the communities presented in the reports that follow: • Detroit, Michigan • Amarillo, Texas • Los Angeles, California • Indianapolis, Indiana • Phoenix, Arizona • St. Paul, Minnesota • Beaumont, Texas • Seattle, Washington • Austin, Texas klo: ldeve_ serlsusanhlordinanceslordinances, amendments, reports, resofutions120031udo ordinance.doc 5/26/03 FILE COPY 03 '' 7 ORDINANCE NO. 2636 AN ORDINANCE AMENDING ORDINANCE 2617, "UNIFIED DEVELOPMENT ORDINANCE ", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION BY ADDING A NEW PART 5 RELATED TO "SEXUALLY- ORIENTED BUSINESSES ", AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART I. That Parts 1 through Part 4 of Ordinance No. 2617 shall remain in full force and effect as adopted on March 13, 2003. PART II: That a new Part 5 is added to Ordinance No. 2617, which adopted the "Unified Development Ordinance ", as set out in Exhibit C, attached hereto and made a part of this ordinance for all purposes; PART III: Said Ordinance shall become effective immediately upon passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12 day of June, 2003. APPROVED: Ron Si vi , Mayor ATTEST: Connie Hooks, City Secretary APPROVED: 0. City Attorney EXHIBIT C PART 5: The regulations contained within the "Unified Development Ordinance" pertaining to "Sexually- Oriented Businesses" are based on evidence concerning the adverse secondary effects of adult uses on the communities presented in findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and in studies set out below: - Detroit, Michigan - Amarillo, Texas - Los Angeles, California - Indianapolis, Indiana - Phoenix, Arizona - St. Paul, Minnesota - Beaumont, Texas - Seattle, Washington - Austin, Texas ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 12, "ZONING ", AND ADOPTING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW, AND ADOPTING THE COLLEGE STATION COMPREHENSIVE PLAN AND ALL PREVIOUS AND SUBSEQUENT PLANS AS APPLICABLE, AS THE "OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE PLAN ", AS SET OUT BELOW, PROVIDING A SEVERABILITY CLAUSE; 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, "ZONING ", of the Code of Ordinances of the City of College Station, Texas, is hereby repealed effective June 13, 2003 and Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE" is hereby adopted effective June 13, 2003 and as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That the Official City of College Station Comprehensive Plan (Comprehensive Plan) includes all plans, studies and amendments as set out in Exhibit "B" attached hereto and is made a part of this ordinance for all purposes. 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 provi- sions or sections of this ordinance, which shall remain in full force and effect. PART 4: That the regulations contained with the "UNIFIED DEVELOPMENT ORDINANCE" pertaining to "SEXUALLY- ORIENTED BUSINESSES" are based on evidence concerning the adverse secondary effects of adult uses on the community presented in findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and in studies -- _ __.:..:..____ : _ - - -- •• e set out in Exhibit "C ", attached hereto and made . •art of this ordinance for all .0 .oses. PART 5: That any person, irm, or corporation violating any of the provisions of this chapter shall be deemed guilt of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not 1: ss than Twenty -five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000 10). Each day such violation shall continue or be permitted to continue, shall be deeme a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten ( 0) days after its date of passage by the City Council, as provided by Section 35 oft e Charter of the City of College Station. PASSED, ADOPTED and AP 'ROVED this 12th day of June 2003. APPROVED: RON SILVIA, Mayor ATTEST: O /group /dev services /susan h/ordinances/ 2002/UDO ordinance.doc ORDINANCE NO. Page 2 Connie Hooks, City Secretary APPROVED: City Attorney kli: lgroupldeve_ serisusanhlordinanceslordinances, amendments, reports, resolutions120031udo ordinance.doc 5/12/03 ORDINANCE NO. Page 3 EXHIBIT "A" That Chapter 12, "ZONING ", of the Code of Ordinances of the City of College Station, Texas, is repealed and replaced by Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE ", effective June 13, 2003. kli:l groupldeve_ serlsusanhlordinanceslordinances, amendments, reports, resolutions120031udo ordinance.doc 5/12/03 ORDINANCE NO. Page 4 EXHIBIT "B" The City of College Station's official Comprehensive Plan consists of the following documents that have been previously adopted by resolution and / or ordinance: • The College Station Comprehensive Plan: City of College Station, Texas dated April 1997 • A Study of the University Drive Corridor dated June 1991 • 2818 Extension Study dated August, 1992 • City of College Station Streetscape Study dated December 1992 • The Northgate redevelopment Plan dated November 1996 • The Revised Wolf Pen Creek Master Plan dated 1998 • A Network of Greenways for College Station dated May 1999 • East Bypass Small Area Action Plan dated October, 2000 • 30/60 Area Plan dated April 2001 • Eastgate Neighborhood Plan dated November 2001 • Rock Prairie /Greens Prairie Triangle Planning Study dated April 2002 • Bikeway and Pedestrian Master Plan dated October 2002 • The City of College Station revised Thoroughfare Plan dated October 2002 • South College Station Thoroughfare Plan Update Phase I dated February 2003 • Wellborn / I &GN Triangle Plan dated February 2003 The Comprehensive Plan is to be used as a guide for growth and development for the entire City and it's extra - territorial jurisdiction (ETJ). The Comprehensive Plan depicts generalized locations of proposed future land -uses, thoroughfares, bikeways, pedestrian ways, parks and greenways that are subject to modifications to fit local conditions and budget constraints. The Comprehensive Plan, in particular the Future Land Use Plan map, and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. The Comprehensive Plan, in particular the Thoroughfare Plan map, and any adopted amendments thereto, shall depict generalized locations of future thoroughfares, bikeways and pedestrian ways that are subject to modifications to fit local conditions, budget constraints, and right -of -way availability that warrant further refinement as development occurs. Alignments within 1,000 feet of the alignments shown will not require a thoroughfare plan amendment. Any subsequent plans and studies amending the Comprehensive Plan shall be adopted by ordinance and incorporated as part of the official City of College Station Comprehensive Plan. kli: lgroupldeve_ serlsusanhlordinanceslordinances, amendments, reports, resolutions120031udo ordinance.doc 5/12/03 ORDINANCE NO. Page 5 EXHIBIT "C" The regulations contained within the "UNIFIED DEVELOPMENT ORDINANCE" pertaining to "SEXUALLY- ORIENTED BUSINESSES" are based on evidence concerning the adverse secondary effects of adult uses on the communities presented in the reports ; 7.; _ _ _ _ , .. • • _ • - . • Phoenix, Arizona • Minneapolis, Minnesota • St. Paul, Minnesota • Houston, Texas • Indianapolis, Indiana • Amarillo, Texas • Garden Grove, California • Los Angeles, California • Whittier, California • Oklahoma City, Oklahoma • Cleveland, Ohio • Beaumont, Texas • Dallas, Texas • Newport News, Virginia • Bellvue, Washington • New York, New York • St. Croix County, Wisconsin • State of Minnesota (Report of Attorney General's Working Group On The Regulation of Sexually Oriented Businesses" (June 6, 1989) kii: groupldeve_ ser lsusanhlordinanceslordinances, amendments, reports, resolutions120031udo ordinance.doc 5/13/03