HomeMy WebLinkAbout2022-4400 - Ordinance - 10/27/2022
ORDINANCE NO. 2022-4400
AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 3, “DEVELOPMENT REVIEW PROCEDURES,” SECTION
3.3, “ZONING MAP AMENDMENT (REZONING),” AND ARTICLE 5, “DISTRICT
PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” SECTION 5.11,
“SINGLE-FAMILY OVERLAY DISTRICTS,” OF THE CODE OF ORDINANCES OF
THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS
RELATING TO THE RESTRICTED OCCUPANCY OVERLAY AND NEIGHBORHOOD
CONSERVATION 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 3, “Development
Review Procedures,” Section 3.3, “Zoning Map Amendment (Rezoning),” and
Article 5, “District Purpose Statements and Supplemental Standards,” Section 5.11,
“Single-Family Overlay Districts,” of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A,” Exhibit “B,” Exhibit “C,”
Exhibit “D,” and Exhibit “E” 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.
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. 2022-4400 Page 2 of 8
PASSED, ADOPTED and APPROVED this 27th day of October, 2022.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2022-4400 Page 3 of 8
Exhibit A
That Appendix A, “Unified Development Ordinance,” Article 3, “Development Review
Procedures,” Section 3.3.C “Amendment Application,” of the Code of Ordinances of the City of
College Station, Texas, is hereby amended by amending Subsection C.2 and Subsection C.3 and
is to read as follows:
2. Application requests for a Neighborhood Conservation Overlay District (NCO) shall
provide the following additional information in accordance with the Neighborhood
Conservation Overlay (NCO) Process Handbook.
a. A copy of the original plat of the subdivision, or multiple contiguous phases of
original subdivisions that apply jointly;
b. A petition including dated signatures by property owners of at least fifty (50)
percent plus one (1) of the total number of single-family zoned or developed
building plots contained within the original subdivision, or multiple contiguous
phases of original subdivisions that apply jointly in one application, in support of
the overlay. The fifty (50) percent plus one (1) petition signatures must be met for
each of the original subdivisions that apply jointly;
c. Contact information for property owners of platted single-family development in
the original subdivision to serve on the Neighborhood Conservation Overlay
Petition Committee;
d. Certificate of mailing neighborhood meeting notice for all property owners of
single-family zoned or developed building plots contained within the original
subdivision;
e. Completed neighborhood meeting sign-in sheets; and
f. Neighborhood meeting minutes signed by a Petition Committee Member.
3. Application requests for a Restricted Occupancy Overlay District (ROO) shall provide
the following additional information in accordance with the Restricted Occupancy
Overlay District (ROO) Process Handbook:
a. A copy of the original plat of the subdivision, or multiple contiguous phases of
original subdivisions that apply jointly;
b. A petition including dated signatures by property owners of at least fifty (50)
percent plus one (1) of the total number of single-family zoned or developed
building plots contained within the original subdivision, or multiple contiguous
phases of original subdivisions that apply jointly in one application, in support of
the overlay. The fifty (50) percent plus one (1) petition signatures must be met for
each of the original subdivisions that apply jointly;
c. Contact information for property owners of platted single-family development in
the original subdivision to serve on the Restricted Occupancy Overlay Petition
Committee;
ORDINANCE NO. 2022-4400 Page 4 of 8
d. Certificate of mailing neighborhood meeting notice for all property owners of
single-family zoned or developed building plots contained within the original
subdivision;
e. Completed neighborhood meeting sign-in sheets; and
f. Neighborhood meeting minutes signed by a Petition Committee Member.
ORDINANCE NO. 2022-4400 Page 5 of 8
Exhibit B
That Appendix A, “Unified Development Ordinance,” Article 3, “Zoning Map Amendment
(Rezoning),” Section 3.3.F, “Repeal of a Single-Family Overlay District,” of the Code of
Ordinances of the City of College Station, Texas, is hereby amended and is to read as follows:
F. Repeal of a Single-Family Overlay District.
A repeal of a single-family overlay district is considered a rezoning and is subject to the
Zoning Map Amendment requirements herein and may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. By a petition including dated signatures by property owners of at least fifty (50)
percent plus one (1) of the total number of single-family zoned or developed building
plots contained within the original subdivision, or contiguous phases of original
subdivisions that applied jointly, in support of repealing the overlay.
ORDINANCE NO. 2022-4400 Page 6 of 8
Exhibit C
That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and
Supplemental Standards,” Section 5.11.C, “General Provisions,” of the Code of Ordinances of the
City of College Station, Texas, is hereby amended and is to read as follows:
C. General Provisions.
1. The yard, lot, building height, and open space regulations of the Single-Family Overlay
Districts must be read in accordance with the yard, lot, building height and open space
regulations in the Residential Dimensional Standards and Required Yards sections of
this UDO. In the event of a conflict between the Single-Family Overlay Districts and
these sections, the Single-Family Overlay District controls.
2. The City Council may approve a Single-Family Overlay District for the boundaries of
original subdivisions, or multiple contiguous phases of original subdivisions that apply
jointly.
3. An application for a Single-Family Overlay District may be accepted by the City for
review once a petition is signed by property owners of at least fifty (50) percent plus
one (1) of the total number of single-family zoned or developed building plots
contained within the original subdivision, or multiple contiguous phases of original
subdivisions that apply jointly in one application, in support of the overlay. The fifty
(50) percent plus one (1) petition signatures must be met for each of the original
subdivisions that apply jointly.
ORDINANCE NO. 2022-4400 Page 7 of 8
Exhibit D
That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and
Supplemental Standards,” Section 5.11.D.1.c, “General Provisions,” of the Code of Ordinances of
the City of College Station, Texas, is hereby amended and is to read as follows:
c. General Provisions.
1) The standards set forward in a ROO must be based on findings of the
Petition Committee.
2) The Petition Committee shall consist of property owners of platted single-
family development from the original subdivision. In the circumstance where
multiple contiguous phases of original subdivisions are applying jointly, the
Petition Committee shall consist of one property owner from each phase
included in the application.
3) To be eligible to apply for a ROO, improvements must exist on at least 51
percent of the platted single-family lots in the original subdivision.
ORDINANCE NO. 2022-4400 Page 8 of 8
Exhibit E
That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and
Supplemental Standards,” Section 5.11.D.2.c, “General Provisions,” of the Code of Ordinances of
the City of College Station, Texas, is hereby amended and is to read as follows:
c. General Provisions.
1) The standards set forward in a Neighborhood Conservation Overlay must be
based on findings of the Petition Committee.
2) The petition committee may consist of property owners of platted single-
family development from the original subdivision, or multiple contiguous
phases of original subdivisions that apply jointly.
3) Neighborhood Conservation Overlay districts may not apply to
neighborhoods originally platted in the last ten (10) years from the date of
application submittal.