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HomeMy WebLinkAbout2020-4187 - Ordinance - 06/11/2020ORDINANCE NO. 2020-4187 AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 1, “GENERAL PROVISIONS,” SECTION 1-1-, “TRANSITIONAL PROVISIONS” ARTICLE 4, “ZONING DISTRICTS,” SECTION 4-1, “ESTABLISHMENT OF DISTRICTS,” ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” SECTION 5-5, “RETIRED DISTRICTS,” ARTICLE 7, “GENERAL DEVELOPMENT STANDARDS,” SECTION 7 - 2.D, “REQUIRED YARDS (SETBACKS),” AND ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8-3.H.2, “PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO NEIGHBORHOOD PREVAILING OVERLAY; 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 Appendix A, “Unified Development Ordinance Article 1, “General Provisions,” Section 1-1-, “Transitional Provisions” Article 4, “Zoning Districts,” Section 4-1, “Establishment Of Districts,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-5, “Retired Districts,” Article 7, “General Development Standards,” Section 7-2.D, “Required Yards (Setbacks),” and Article 8, “Subdivision Design and Improvements,” Section 8-3.H.2, “Platting and Replatting Within Older Residential 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. ORDINANCE NO. 2020-4187 Page 2 of 12 PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2020-4187 Page 3 of 12 PASSED, ADOPTED and APPROVED this 11th day of June, 2020. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2020-4187 Page 4 of 12 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 1, “General Provisions,” Section 1- 1-, “Transitional Provisions” Article 4, “Zoning Districts,” Section 4-1, “Establishment Of Districts,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-5, “Retired Districts,” Article 7, “General Development Standards,” Section 7-2.D, “Required Yards (Setbacks),” and Article 8, “Subdivision Design and Improvements,” Section 8-3.H.2, “Platting and Replatting Within Older Residential Subdivisions,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 1.10. - Transitional Provisions. …. B. Zoning Districts. …. 4. Retired Districts. The following districts are no longer eligible for Zoning Map Amendment requests. Properties with the following designations at the time of this amendment retain all uses, regulations, and requirements associated with these districts. Retired District Name Effective Date R-1B Single-Family Residential September 22, 2013 Retired District Name Effective Date R-4 Multi-Family December 28, 2014 R-6 High Density Multi- Family December 28, 2014 C-3 Light Commercial October 7, 2012 R&D Research & Development October 7, 2012 M-1 Light Industrial October 7, 2012 ORDINANCE NO. 2020-4187 Page 5 of 12 M-2 Heavy Industrial October 7, 2012 NPO Neighborhood Prevailing Overlay June 21, 2020 ORDINANCE NO. 2020-4187 Page 6 of 12 Sec. 4.1. - Establishment of Districts. Residential Zoning Districts R Rural WE Wellborn Estate E Estate WRS Wellborn Restricted Suburban RS Restricted Suburban GS General Suburban D Duplex T Townhouse MF Multi-Family MU Mixed-Use MHP Manufactured Home Park Non-Residential Zoning Districts NAP Natural Areas Protected O Office SC Suburban Commercial WC Wellborn Commercial GC General Commercial CI Commercial Industrial ORDINANCE NO. 2020-4187 Page 7 of 12 BP Business Park BPI Business Park Industrial CU College and University Planned Districts P-MUD Planned Mixed-Use District PDD Planned Development District Design Districts WPC Wolf Pen Creek Development Corridor Northgate NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate Overlay Districts OV Corridor Overlay RDD Redevelopment District NCO Neighborhood Conservation Overlay HP Historic Preservation Overlay Retired Districts R-1B Single-Family Residential R-4 Multi-Family R-6 High Density Multi-Family ORDINANCE NO. 2020-4187 Page 8 of 12 C-3 Light Commercial R&D Research & Development M-1 Light Industrial M-2 Heavy Industrial NPO Neighborhood Prevailing Overlay For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are hereby divided into the zoning, design, and overlay districts enumerated below. The intensity regulations applicable for such zoning districts are designated in Article 5 and the use regulations are designated in Article 6 of this UDO. ORDINANCE NO. 2020-4187 Page 9 of 12 Sec. 5.5. - Retired Districts. Retired Districts include districts existing prior to the amendment of this UDO. Existing districts will continue to remain in effect but these districts are not available for any new Zoning Map Amendment proposals. …. H. Neighborhood Prevailing Overlay (NPO). This district is designed to provide standards that preserve single-family neighborhoods by imposing neighborhood-specific yard, lot, and open space regulations that reflect the character of the neighborhood. The Neighborhood Prevailing Overlay does not prevent construction of new single-family structures or the renovation, remodel, repair, or expansion o f existing single- family structures, but, rather ensures that new single-family structures are compatible with existing single-family structures. The underlying zoning district establishes the permitted uses and shall remain in full force, and the requirem ents of the overlay district are to be applied in addition to the underlying use and site restrictions. All single-family and accessory structures within the NPO district are subject to the existing median pattern of development on the subject and opposing blockfaces for the following standards: 1. Minimum Front Setback. 2. Maximum Front Setback. The maximum front setback, or build-to line, is no more than ten (10) feet back from the minimum front setback. 3. Minimum Side Street Setback. 4. Minimum Lot Size. Minimum lot size is calculated as the median building plot size of all existing building plots on the subject and opposing blockface. 5. Building Height. Building height refers to the vertical distance measured from the finished grade, or the base flood elevation where applicable, and the following points: a) The average height level between the eaves and ridge line of a gable, hip, or gambrel roof; b) The highest point of a mansard roof; or c) The highest point of the coping of a flat roof. 6. Maximum Lot Coverage. Lot coverage is calculated as the median existing lot coverage on all building plots on the subject and opposing blockface. The maximum lot coverage cannot exceed maximum impervious cover allowed in the underlying zoning district. Lot coverage includes all structures and impervious surface on a site, including but not limited to, patios, driveways - gravel or paved, accessory structures, and sidewalks 7. Garage Location and Orientation. ORDINANCE NO. 2020-4187 Page 10 of 12 New garages must be placed in relation to the primary residential structure on the lot consistent with the most frequent pattern of placement on the subject and opposing blockface. New garages must also be oriented consistent with the most frequent direction of orientation on the subject and opposing blockface. 8. Tree Preservation. Any existing tree of eight-inch caliper or greater in good form and condition and reasonably free of damage by insects and/or disease located outside of the buildable area is required to be barricaded and preserved. A barricade detail must be provided on the site plan. Trees must be barricaded one (1) foot per caliper inch measure as a radius. Barricades must be in place prior to any development activity on the property including, but not limited to, grading. 9. Landscape Maintenance. Any existing canopy and non-canopy trees in good form and condition and reasonably free of damage by insects and/or disease located within the buildable area removed during construction must be replaced on site caliper for caliper, or as determined by the Administrator. ORDINANCE NO. 2020-4187 Page 11 of 12 Sec. 7.2. - General Provisions. …. D. Required Yards (Setbacks). 1. Purpose and Intent. a. Setbacks are measured from the property line; b. On lots with approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley; c. No structure that is taller than eight (8) feet in height and that has a roof structure that completely or partially blocks the view to the sky shall be located within the required setback area unless specifically allowed herein; d. No part of a yard or other open space required in connection with any building, building plot, or use for the purpose of complying with this UDO, shall be included for any other building, building plot, or use as part of a yard or open space; and e. Where an existing lot was created by an approved plat prior to July 15, 1970 and the property is designated as Neighborhood Conservation in the Compr ehensive Plan Future Land Use and Character Map a new (infill) single-family dwelling unit shall use the adjacent lots to determine the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest neighboring units. Areas zoned NPO, Neighborhood Prevailing Overlay District are exempt from this requirement. Setbacks for areas zoned NCO, Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area. ORDINANCE NO. 2020-4187 Page 12 of 12 Sec. 8.3. - General Requirements and Minimum Standards of Design for Subdivisions within the City Limits. …. H. Lots. …. 2. Platting and Replatting within Older Residential Subdivisions. a. This section applies to a subdivision in which any portion of the proposed subdivision meets all of the following criteria: 1) Such portion of the subdivision is currently zoned or developed for single -family detached residential uses as of January 1, 2002 with the exception of NG -1, NG-2, NG- 3, NPO, and NCO zoning districts; 2) Such portion of the subdivision is part of a lot or building plot that was located within the City limits when it was created on or prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970; and, 3) Such portion of the subdivision is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. b. In addition to the other provisions of this UDO, no plat or replat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision which meets the above criteria may be approved unless: 1) The plat does not create an additional lot or building plot; or 2) For a proposed plat which does create an additional lot or lots, the lot(s) must meet or exceed the average width of the lots along the street frontage for all of the lots in the block, including the subject lot(s) and contain at least eight thousand f ive hundred (8,500) square feet of space for each dwelling unit. For the purpose of determining the average lot width, a lot shall be defined to include the lot, lots and/or portions of lots that have been combined and used as a residential plot or building plot, as of July 15, 1970. The Administrator may include the lots on the opposing blockface when calculating the average lot width if the lots are similar in character and the Administrator may exclude lots to the rear when said lots are part of another subdivision or dissimilar in character. c. It is the applicant's responsibility to provide documentation during the application process regarding the original plat in which the lot was created and/or the configuration and ownership documentation of the properties since July 15, 1970.