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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.