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HomeMy WebLinkAbout1998-2361 - Ordinance - 12/10/1998ORDINANCE NO. 2361 AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COI.I.EGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLI.EGE STATION, TEXAS: PART 1: That Chapter 9, "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: 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 provisions 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 Five Hundred Dollars ($500.00). 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 publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PART 4: This ordinance shall become effective on the January 1, 1999, and shall expire on April 30, 1999. PASSED, ADOPTED and APPROVED this 10th day of December, 1998. ATTEST: CONNIE HOOKS, City Secretary APPROVED: ~"YNlq~ McILHANEY; MaYo-5/ APPROVED: JS~CAwtndows~wtnword~ordtnan~platord. doc 1/12/99 ORDINANCE NO. 2361 PAGE 2 EXHIBIT "A" That Chapter 9, Section lB, is hereby amended to read as follows: "SECTION lB: FUNCTION OF THE CITY COUNCIL The City Council participation and Chapter." shall be the authority for approving or disapproving requests for oversize development agreements requesting deferral of specific requirements of this That Chapter 9, Section 5-C, is hereby deleted in its entirety: That Chapter 9, Section 6B, is hereby amended to read as follows: "6-B.1 A master development plan is required for developments where there are planning issues including but not limited to street locations and sizes, public facility locations, lot layout, park and greenbelt locations, etc. - to be addressed and where there will be subsequent preliminary and or final plats occurring over a long period of time. All Master Development Plans must be reviewed and approved by the Planning & Zoning Commission. Once a Master Development Plan is approved, the applicant may submit a Master Preliminary Plat covering the entire area included on the Master Development Plan. Developments that will be developed in one phase will not require submission of a Master Development Plan. The applicant shall submit a Preliminary Plat. Any master development plan shall depict the following: proposed land uses, including but not limited to street rights-of-way; proposed zoning changes; proposed drainage developmenv, proposed public improvements, including but not limited to parks, schools, and other public facilities." That Chapter 9, Section 6-B.2.1, is hereby amended to read as follows: "6-B.2.1 When a master development p!an is approved, the subdivider may submit a master preliminary plat covenng the entire area shown on the master development plan, and indicate thereon his proposed plan of development by increments. This master preliminary plat must be reviewed and approved by the Commission. If a master preliminary plat is not submitted, then each individual preliminary plat of an area must be reviewed and approved by the Commission. Each subsequent final plat from an approved master preliminary plat or preliminary plat must be reviewed and approved by the Commission.. jslc: Iwtndowslwtnword~ordtnaniplatord. doc 11/$0/98 ORDINANCE NO. 2361 PAGE 3 After approval of this master preliminary plat, the subdivider may submit fractional final plats in accordance with the master preliminary plat by units or areas. Each increment or area must be adjacent to a preceding development or area. A master preliminary plat shall be effective for a period of one (1) year, and may be extended for an additional period of twelve (12) months, upon written request and approval of the Commission. The approval of each increment as a final plat will extend the approval of the master preliminary plat for twelve (12) months." That Chapter 9, Section 6-B.3.4, is hereby amended to read as follows: "6-B.3.4 Within thirty (30) days after the master development plan or master preliminary plat is formally filed with the City, the Commission shall approve or disapprove the plan/plat." That Chapter 9, Section 6-B.3.5, is hereby amended to read as follows: "6-B.3.5 Following formal action by the Commission, the City will transmit to the subdivider one (1) copy of the plat marked "APPROVED". That Chapter 9, Section 6-C.2, is hereby amended to read as follows: "6.C.2 An applicant may request oversize participation on any infrastructure, as provided in Section 9 of these regulations. In order to do so, impact studies covering the particular infrastructure must be submitted justifying the request for oversize. These studies shall indicate what size infrastructure is necessary to serve the proposed development as shown on an approved master development plan or master preliminary plat. If the city's comprehensive plan calls for infrastructure in excess of that required for the proposed development, the applicant may request participation for this additional size. The City Council will consider and approve or disapprove oversize participation requests." That Chapter 9, Section 6-C.6, is hereby amended to read as follows: "6-C.6 If a change in zoning is contemplated or necessary, the subdivider shall submit a formal request of zoning change as required under the zoning ordinance with the preliminary plat application." That Chapter 9, Section 6-D.1, is hereby amended to read as follows: "6-D.1 These plats shall conform to the preliminary plat as approved by the Commission, and if desired by the subdivider, it may be a portion of a master preliminary plat as authorized in 6-B.2 above; provided it incorporates all changes, modifications, corrections, and conditions imposed by the Commission; and provided further, that it conforms to all requirements of these regulations." jslc:~ndowslwtnword~ordtnan~platord, doc 1/30/98