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HomeMy WebLinkAbout2010-3265 - Ordinance - 08/12/2010 N ORDINANCE NO. 2010-3265 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 2.9 "SUMMARY OF REVIEW AUTHORITY" AND ADDING SECTION 2.6, "BICYCLE, PEDESTRIAN, AND GREENWAYS ADVISORY BOARD" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS 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, "Unified Development Ordinance," Section 2.9, "Summary of Review Authority" and adding Section 2.6., "Bicycle, Pedestrian, and Greenways Advisory Board" 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 provi- sions 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. PASSED, ADOPTED and APPROVED this 12th day of August , 2010. APPROVED: MAYOR ATTEST: City ecr ry APPROVED: c4uz City Attorney %W W ORDINANCE NO. 2010-3265 Page 2 EXHIBIT "A" 1. That Chapter 12, "Unified Development Ordinance," Article 2, "Development Review Bodies," of the Code of Ordinance of the City of College Station, Texas, is hereby amended by adding Section 2.6, "Bicycle, Pedestrian, and Greenways Advisory Board" (which will result in the renumbering of the existing Sections 2.6-2.9 to Sections 2.7-2.10) to read as follows: 2.6 Bicycle, Pedestrian, and Greenways Advisory Board A. Creation A Bicycle, Pedestrian, and Greenways Advisory Board is hereby established by the City of College Station for the purpose of advising and recommending to the City Council, the Planning and Zoning Commission, and other appointed boards and commissions on all matters concerning bicycling, walking, and greenways. B. Membership and Terms 1. Number, Appointment The Bicycle, Pedestrian, and Greenways Advisory Board shall consist of seven (7) members who are residents of the City and eligible voters. Appointment of members shall be made by the City Council. The Board shall consist of the following: (a) One member shall represent one of the following fields or professions: 1. Real Estate 2. Banking, finance, or economics 3. Law (b) One member shall represent one of the following fields or professions: 1. Recreation 2. Health 3. Kinesiology (c) Two members that are residents with a demonstrated interest in walking, running, bicycling or open space preservation (d) One member shall represent one of the following fields or professions: 1. Environmental/Ecological Sciences 2. Stormwater /Floodplain Management 3. Natural Resources (e) One member shall represent one of the following fields or professions: 1r+ 'r ORDINANCE NO. 2010-3265 Page 3 1. Transportation Planning 2. Engineering 3. Architecture 4. Landscape architecture 5. Urban planning The seventh regular member shall be the Chairman of the Council Transportation Committee or his designee. The City Council shall prioritize Bicycle, Pedestrian, and Greenway Advisory Board candidates within each subsection above by their demonstrated expertise. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified in the above subsections cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens-at-large that have demonstrated interest in bicycling, walking, and greenways to fill such places. 2. Terms Each member of the Bicycle, Pedestrian, and Greenways Advisory Board shall be appointed for a term of two (2) years or until their successors are appointed. Initially, appointments will be the following: members from sections a through one of the residents under c shall have terms of only one (1) year and members from the second resident under section c and sections d and a shall have terms of two (2) years. Following initial appointments, three (3) members shall be appointed each year. 3. Vacancies Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. C. Officers, Meetings, Quorum 1. Officers A Chairperson shall be appointed annually by the City Council. The Bicycle, Pedestrian, and Greenways Advisory Board shall select a Vice-Chairperson from among its members as needed. 2. Meetings Members of the Bicycle, Pedestrian, and Greenways Advisory Board shall meet monthly and the Chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public. 3. Quorum %W ORDINANCE NO. 2010-3265 Page 4 Four (4) members shall constitute a quorum for transaction of business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report. 4. Rules of Proceeding The Bicycle, Pedestrian, and Greenways Advisory Board shall adopt its own rules of procedure. 5. Minutes The Bicycle, Pedestrian, and Greenways Advisory Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Administrator and shall be a public record. D. Powers and Duties The Bicycle, Pedestrian, and Greenways Advisory Board shall have the following powers and duties: 1. Duties a. Support the implementation of the Transportation element of the Comprehensive Plan and the Bicycle, Pedestrian, and Greenways Master Plan; b. Promote and encourage bicycling and walking as an accepted (alternate) form of transportation; c. Review project designs related to bicycle, pedestrian, and greenway improvements, including review of plats, site plans, and capital improvement projects; d. Assist in identifying and applying for alternative funding sources for bicycle, pedestrian, and greenway facilities, programs, services and projects; e. Promote education and safety programs for bicyclists, pedestrians, and motorists; f. Facilitate citizen participation in local governments' consideration of matters involving bicycle, pedestrian and greenway issues; g. Promote intergovernmental and public/private coordination on bicycle, pedestrian, and greenway matters including working with local businesses and other organizations; and h. Perform other duties as may be assigned it by the City; 2. Recommendations The Bicycle, Pedestrian, and Greenways Advisory Board shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following: r *0 ORDINANCE NO. 2010-3265 Page 5 a. The adoption of comprehensive plan amendments as they relate to bicycling, walking, and greenways; b. The adoption of text amendments as they relate to bicycling, walking, and greenways; c. The setting of impact fee/CIP priorities as they relate to bicycling, walking, and greenways. The Bicycle, Pedestrian, and Greenways Advisory Board shall make recommendations to the City Council for the following: a. The adoption of comprehensive plan amendments as they relate to bicycling, walking, and greenways; b. The adoption of text amendments as they relate to bicycling, walking, and greenways; c. The setting of impact fee/CIP priorities as they relate to bicycling, walking, and greenways. E. Staff The Administrator shall provide staff, as needed, to the Bicycle, Pedestrian, and Greenways Advisory Board. H. That Chapter 12, "Unified Development Ordinance," Section 2.8, "Summary of Review Authority" of the code of Ordinance of the City of College Station, Texas is hereby amended by amending Section 2.9, "Summary of Review Authority" to read as follows: 2.10 Summary of Review Authority The following table summarizes the authority of the various review bodies and staff. PROCEDURE Bofficial Dev. Comm. LC BPGAB Admin. CITY COt 11, tt C1 Oversize Participation D R Development Agreement D RR R Conditional Use permit D R RR Zoning Map Amendment D R RR Zoning Map Amendment (HP) D R RR PDD / P-MUD Concept Plan D R RR Text Amendment D R R RR Comp. Plan Amendment D R R RR Impact Fee / CIP Priorities D R R PLANNING & ZONING COMMISSION (P&Z) Zoning Map Amendment (HP) R RR Master Plans D RR R Preliminary Plat D RR R Final Plat D RR R ORDINANCE NO. 2010-3:65 Page 6 Development Plat D RR R Waiver of Subdivision Standard D RR R ZONING BOARD OF ADJUSTMENT (ZBA) Variance D RR RR RR Administrative Appeal D R Zoning Map Interpretation D R PROCEDURE - - DRB LC BPGAB Admin. Budding Dew. Engr. COMM. oflicial DESIG1 RL\ IEI\ BOARD (DRB) WPC District Site Plan A R WPC District Building/Sign Review A R WPC Parking Waivers A R NG Waivers R Non-Residential Arch. Stand. Waiver RR Gateway Grants A RR LANDMARK COMMISSION (LC) Certificates of Appropriateness A RR Certificates of Demolition A RR ADMINISTRATOR Interpretation A** A D Sign Permit A D Site Plan A D Administrative Adjustment A D WPC District Building or Sign, Minor A D Minor or Amending Plat A D R PD Concept Plan Minor Amend. A D Certificate of Appropriateness, Routine D NG Roof Color Palette Amendment A D Alternative Parking Plans A D R BUILDING OFFICIAL (BO) Building Permit Certificate of Occupancy R Certificate of Completion R DEVELOPMENT ENGINEER (DE) Development Permit Driveway Application Alternative Const. Material *Section 3.5.E. Site Plan Review Criteria and 3.6.E. Wolf Pen Creek Design District General Site Plan Review Criteria only. **Subdivision Re s. only. KEY: A=A eal R=Recommend D=Final Action/Decision RR=Review/Re ort Per Ordinance No. (date)