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HomeMy WebLinkAbout2024-4499 - Ordinance - 01/25/2024ORDINANCE NO. 2024-4499 AN ORDINANCE REPEALING ORDINANCE NO. 2023-4451 AND AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2 “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM GS GENERAL SUBURBAN TO MH MIDDLE HOUSING AND HOO HIGH OCCUPANCY OVERLAY FOR APPROXIMATELY 1.05 ACRES BEING LOTS 5-1 TO 5-5 OF THE D.A. SMITH SUBDIVISION CERTAIN PROPERTIES AS DESCRIBED 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1: That Ordinance No. 2023-4451, attached hereto and made a part of this Ordinance for all purposes as Exhibit “A”, be repealed in its entirety. PART 2: That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “B” and Exhibit “C” attached hereto and made a part of this Ordinance for all purposes. PART 3: 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 4: 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 5: 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, and after satisfying all of the conditions described in Exhibit “C”. ORDINANCE NO. 2024-4498 Page 2 of 9 PASSED, ADOPTED, and APPROVED this 25th day of January, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2024-4499 Page 3 of 9 Exhibit A That the following ordinance be repealed in its entirety. ORDINANCE NO. 2024-4499 Page 4 of 9 ORDINANCE NO. 2024-4499 Page 5 of 9 ORDINANCE NO. 2024-4499 Page 6 of 9 ORDINANCE NO. 2024-4499 Page 7 of 9 Exhibit B That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay: Lots 5-1 through 5-5 of the D.A. Smith Subdivision ORDINANCE NO. 2024-4499 Page 8 of 9 ORDINANCE NO. 2024-4499 Page 9 of 9 Exhibit C That the following conditions must be satisfied before the rezoning becomes effective: 1.Construction of an approved secondary access drive meeting Fire Department standards no less than 175 feet away from Lincoln Avenue; and 2.Dedication of a 10’ right-of-way from each lot along Avenue A and dedication of right-of-way chamfers along the lot that abuts Lincoln Avenue.