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HomeMy WebLinkAbout2018-3984 - Ordinance - 02/08/2018 ORDINANCE NO. 2018-3984 AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 3, "DEVELOPMENT REVIEW PROCEDURES," SECTION 3.3, "ZONING MAP AMENDMENT (REZONING)" AND SECTION 3.22, "COMPREHENSIVE PLAN AMENDMENT" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO CRITERIA FOR REZONINGS AND COMPREHENSIVE PLAN AMENDMENTS; 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)" Subsection D "Approval Process," paragraph 9 "City Council Action" ; and Appendix A "Unified Development Ordinance," Article 3 "Development Review Procedures," Section 3.22 "Comprehensive Plan Amendment" Subsection D "Approval Process,"paragraph 3 "City Council Action,"of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and Exhibit "B" 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.2018-3984 Page 2 of 5 PASSED,ADOPTED and APPROVED this 8th clay of February, 2018. ATTEST: / AP 'RO + I :l& - /Ai ni 411).GAAd_a/ It ,_ _. City ecret./ M,yor APP '• O ED it Ci , ttornell ORDINANCE NO.2018-3984 Page 3 of 5 Exhibit A That Appendix A "Unified Development Ordinance," Article 3 "Development Review Procedures," Section 3.3 "Zoning Map Amendment (Rezoning)," Subsection D "Approval Process," paragraph 9 "City Council Action" of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "9. City Council Action. a. Notice. The City Council shall publish, post, and mail public notice in accordance with the General Approval Procedures Section in Chapter 12, Article 3 of this UDO, and hold a public hearing before taking final action on an application to amend the Official Zoning Map. b. Public Hearing. The City Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the Official Zoning Map. c. Effect of Protest to Proposed Amendment. If a proposed change to this UDO or rezoning is protested in accordance with Chapter 211 of the Texas Local Government Code, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (3/4) of all members of the City Council. The protest must be written and signed by the owners of at least twenty (20) percent of either the area of lots covered by the proposed change, or of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area. d. Review Criteria. In determining whether to approve, approve with modifications, or disapprove the proposed Official Zoning Map amendment, the City Council shall consider the following matters regarding the proposed amendment: 1) Whether the proposal is consistent with the Comprehensive Plan; 2) Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area; 3) Whether the property to be rezoned is physically suitable for the proposed zoning district; 4) Whether there is available water,wastewater,stormwater,and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district; 5) The marketability of the property; and ORDINANCE NO.2018-3984 Page 4 of 5 6) In addition, for proposed amendments to Historic Preservation Overlay Districts,the City Council shall consider if the proposed amendment contains property(ies) and an environmental setting which meets two (2) or more of the criteria for designation of a Historic Preservation Overlay District as described in the Historic Preservation Overlay District Section in Article 5 of this UDO. e, Effect of Historic Preservation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to he recorded in the Official Public Records of Real Property of Brazos County, Texas, the tax records of the City of College Station, and the Brazos County Appraisal District, as well as the official zoning map of the City of College Station." ORDINANCE NO. 2018-3984 Page 5 of 5 Exhibit B That Appendix A "Unified Development Ordinance," Article 3 "Development Review Procedures," Section 3.22"Comprehensive Plan Amendment," Subsection D"Approval Process," paragraph 3 "City Council Action"of the Code of Ordinances of the City of College Station,Texas, is hereby amended to read as follows: "3. City Council Action. a. Notice. The City Council shall publish and post public notice in accordance with the General Approval Procedures Section in Chapter 12, Article 3 of this UDO, before taking final action on a petition to amend the Comprehensive Plan. b. Public Hearing. The City Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the Comprehensive Plan. c. Review and Final Action by City Council. In determining whether to approve, approve with modifications, or disapprove the application to amend the Comprehensive Plan, the City Council shall consider the following matters regarding the proposed amendment: 1) Changed or changing conditions in the subject area of the City; 2) Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole; 3) Impact on environmentally sensitive and natural areas; 4) Impacts on infrastructure, including water, wastewater, drainage, and the transportation network; and 5) Consistency with the goals and strategies set forth in the Comprehensive Plan."