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ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
~ULLEGE STATION BY AMENDING' CHAPTER 9, SECTION 1: AUTHORITY,
GRANTING SPECIFIC AUTHORITY_TO THE PLANNING & ZONING COMMISSION
AND CITY COUNCIL RELATIVE TO THE REVIEW AND APPROVAL OF PLATS;
BY AMENDING CHAPTER 9, SECTION 3: DEFINITIONS, INCLUDING VARIOUS
DEFINITIONS; BY AMENDING-CHAPTER 9, SECTION 5: APPEALS, PROVIDING
FOR AN APPEAL PROCESS; BY AMENDING CHAPTER 9, SECTION 6:
PROCEDURE AND PLAT REQUIREMENTS, GENERALLY REMOVING THE CITY
COUNCIL FROM THE PROCESS, DELEGATING- APPROVAL OF MINOR AND
AMENDING PLATS TO THE CITY ENGINEER, AND REMOVING THE
REQUIREMENT FOR IMPACT STUDIES, EXCEPT WHERE OVERSIZE
PARTICIPATION IS REQUESTED.
WHEREAS, on May 9, 1996, the College Station City Council determined that, in the
interest of .streamlining the development process, the Council should grant final
authority for tthe review and approval or denial of plats to the Planning & Zoning
Commission subject to an appeaLto the City Council as well as authority for minor
and amending plats to the City Engineer, AND
WHEREAS, the City Council further determined .that. an appeal. process is an
important and necessary part of the development process and determined to reserve
its authority to hear and determine appeals from Planning and Zoning Commission
decisions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION:
I.
That Chapter 9, Section 1, of the Code of Ordinances of the City of College Station is
hereby amended to .read as follows:
SECTION 1: AUTHORITY
This chapter is adopted under authority of the constitution and laws of the State of
Texas, including particularly Chapter 231, Acts of the 40th Legislature, Regular
Session, as .heretofore or hereafter ,amended, compiled as Article 974a, V.A.C.S.,
the provisions of Section 4 of the Municipal Annexation Act as.heretofore or hereafter
amended, compiled as Article 970a, V.A.C.S., and pursuant to the provisions of the
charter of the City of College Station, Texas.
"SECTION 1A -FUNCTION OF PLANNING AND ZONING COMMISSION
In accordance with the authority granted by applicable statutes, .ordinances,
and regulations, the Commission shalt approve or disapprove plats,
subdivisions, and. replats of land within the corporate limits and extraterritorial
jurisdiction of the city. If a plat conforms to this article, state law, and.all other
rules and regulations pertaining to the platting of land, the Commission shall
endorse its approval upon the plat.
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ORDINANCE NO. Page 2~
SECTION 1 B -FUNCTION OF THE CITY COUNCIL
In accordance with the authority grsri~ted by applicable statutes, ordinances
and .regulations,. the City.Council shalt be the .authority for approving master
development plans and master preliminary plats, in accordance with section 6-
B; requests .for oversize participation, as outlined in Section 9; development
agreements requesting deferral of specific requirements of this ordinance;
,abandonment of rights-of-way requests, appeals of Commission decisions, as
per Section 5-C.1 and appeals of other items as per Section 5-C.2.
That Chapter 9, Section 3, of the Code of Ordinances of the City of College Station is
hereby amended. to read as follows:
SECTION 3: DEFINITIONS
For the purpose of this chapter, certain words as used herein are defined. as follows:
Allev means a minor public way which provides a secondary means of
vehicular access to the abutting property otherwise .served from a public
street.
Access Wav is a public right-of--way not less than ten feet (10') in width
between property lines, with a paved sidewalk, which provides. for pedestrian
circulation.
Amending Plat is as defined by Section 212.016 of the. Texas Local
Government Code as it currently exists or as hereinafter amended.
Block is a tract or parcel of land designated as such on a duly recorded plat,
surrounded by streets or other physical obstructions.
Building Site means any undivided block or combination of blocks and parts of
blocks; lots, or combination of lots and parts of lots, to be occupied by a
building or multiple building complex.
CSC refers to the municipal corporation,. City of College .Station, Texas.
City Council shall mean the duly and constitutionally elected governing body
of the. City of College Station, Texas.
City Manaaer means the person .employed as chief administrative officer of
the City of College Station, Texas.
City Attocnex means the person employed as City Attorney of the City of
College Station, Texas.
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City Engineer means the person employed as City Engineer of the City of
College Station, Texas.
Comprehensive Plan refers to the City of College Station's
Comprehensive. Plan supplemented by any other land use, thoroughfare
or master plans as approved by City Council as adopted.. or amended
from time to time.
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County shall refer to *"° ^^~ ~^+~~ ^~ Brazos County, Texas.
Commission .shall refer to the duly appointed Planning and Zoning
Commission of the City of College Station, Texas. .
Cut-De-Sac. is a street having but one (1) outlet to another street and ter-
minating on the other end in a vehicular turnaround.
Developer: See Subdivider
Dead End Street is a street, other than a cul-de-sac, with only one (1) outlet.
Drainage Easement is an interest in land granted to the city for maintenance
of a drainage channel, on which building is prohibited, and providing for the
entry. and operation of machinery and vehicles for maintenance.
Easement: See Drainage Easement and Utility Easement.
Engineer means a person duly authorized and licensed under the provisions
of the Texas Engineering Registration Act, to practice the profession of
engineering.
Extraterritorial Jurisdiction, within the terms of the Texas Municipal Annexation
Act, means the unincorporated area, not a part of any other city, which is
contiguous to the corporate', limits of .the City of College Station, the outer
boundaries of which are measured from the extremities of the corporate limits
of the ,:city, outward for such distances as may be stipulated in the Texas
Municipal Annexation Act, in which area, within the terms of the act, the city
may enjoin the violation of its subdivision control chapter.
Feeder Line shall mean any line, wire, or cable and appurtenances which
distributes, transmits, or delivers a utility service from a source to a general
area or to multiple developments, and not to a specific end user.
Lateral Line shall mean any line, wire, or cable and appurtenances used to
distribute, transmit, or deliver service from a feeder line #o two (2) or more
sites or end users of the utility service within a specific development.
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ORDINANCE NO, Page 4~9
.Lot is physically. an undivided tract or parcel of land as .shown on a duly
recorded plat.
Major Street includes .state highways,. arterial streets, parkways, and
boulevards.
Master Development Plan refers. to a conceptual, informal map of all
contiguous property. under. common .ownership showing potential future
subdivision or development.. It is of sufficient accuracy. to be used for
purposes of discussion and classification. It sh-all include information
as described in Section 6-B.1.
Master Preliminary Plat refers to a map of a proposed .subdivision or
development with the same' level of detail as` required .for a preliminary
plat under .Section 6-C. A master .preliminary plat is essentially several
preliminary plats together on one document such that portions.. may be
subsequently submitted for approval as finale plats as per Section 6-
B.2.1.
Minor Plat as defined by Section 212.0065 of the Texas Local
Government Code. A subdivision involving four or fewer lots #ronting on
an existing street and that does not require.. the creation of any new'
.street or the extension of municipal facilities.
Mobile Home Park means a parcel of land, under single ownership, which has
been. planned and improved .for placement of mobile homes 'for nontransient
use. See Chapter 3 Section 4 of this Code of Ordinances.
Mav is permissive.
Pavement Width means the portion of the surface of the street available for
.vehicular traffic; where curbs are used, it is the .portion between the face of
curbs..
Planned Unit Development, PUD, means a parcel of land completely planned
as a unit development, requiring special. handling and approval See Section
11.
Plannina and Zoning Commission means the duly appointed Planning and
Zoning Commission of the City of College Station, Texas.
Plat means a .map of a subdivision showing the location and boundaries of
individual parcels of land subdivided. into lots, with streets, alleys, easements,
etc., usually drawn to scale; also includes a replat and an amended plat."
Preliminary Plat refers to a map indicating the proposed layout of a
subdivision meeting the requirements of .Section 6.C.
Principal Street is a street so designated and indicated in the street regulation
section of this Code of Ordinances, Chapter 3, Section, 5.
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ORDINANCE NO.
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Service Line shall mean any line, wire, or cable and .appurtenances used to
distribute, transmit, or deliver a utility service from a source of supply, feeder
line, or lateral.. line directlyto an end user.
Shall is always mandatory.
Street is a way for. vehicular traffic, whether designated as a highway,
residential street, arterial street, parkway, boulevard, business street, or
industrial street.
Subdivider means any. person or persons, .firm, or corporation subdividing a
tractor parcel °of land to be sold or otherwise. handled for his own- personal
gain or use.
Subdivision means the division of a lot, tract, or parcel. of land into two (2) or
more parts,. lots, or sites, .for the purpose, whether immediate or future, of
sale, division of ownership or building development. This also includes the
resubdivision of land or lots which are a part of a previously. recorded
subdivision. Divisions of land for. agricultural purposes, where. no building.
construction is involved, in parcels of five (5) acres or more,. shall .not be
included within this definition, unless such subdivision of five (5) acres or more
includes the .planning or development of a new street or access easement.
An addition is a subdivision as is defined herein.
Surveyor means a licensed. state land surveyor or a registered public sur-
veyor, as authorized by the Texas Land.Surveyors Registration Act.
Utility Easement means an interest in land granted to-the city, to the public
generally, and/or to a private utility company, for installation or maintenance of
utilities' across, over, or under private land, together with the right to enter
thereon with machines and vehicles as necessary for maintenance of such
utilities'.
Zoning Ordinance refers to the duly enacted zoning ordinance of the City of
College Station, Texas, adopted by reference in Chapter 12, Section 2 of this
Code of Ordinances.
Definitions. not expressly prescribed herein .are to be construed in accordance with
customary usage in municipal planning and engineering practices."
That Chapter 9, Section. 5, of the Code of Ordinances of the City of College Station is
hereby amended to read as follows:
SECTION 5: VARIANCES
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ORDINANCE NO.
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5_A The Commission may authorize a variance from the reg-
ulation when, in their opinion, undue hardship will result from requiring strict
compliance. In granting a variance, the Commission -shall
prescribe only conditions that it deems not prejudicial to the public interest. In
making the findings hereinbefore required, Commission shall
take into account the nature of the proposed use of the land .involved, the
existing use. of land in the vicinity, the number of persons who will reside or
work in the proposed subdivision, -the .possibility that a nuisance will be
created, and the probable effect of such variance upon traffic conditions and
upon public health, convenience, and welfare of the vicinity. No variance shall
be granted unless the Commission finds:
5-A.1 That there are. special circumstances or conditions affecting the land
involved such that strict application of the provisions of this chapter will
deprive the applicant of the reasonable use of his land;
5-A.2 That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant;
5-A.3 That the granting of the variance will not be detrimental'to the public.
health, safety, or welfare, or injurious to other property in"the area, or to
.the city in administering this chapter; and:
5-A.4 Than the. granting of the variance will not .have the effect of preventing
the orderly. subdivision of other land in the area in accordance with the.
,provisions of this chapter.
5_B Such findings of the Commission, #ogether-with .the specific facts .upon which.
such findings are based, °^~' °~ ~^" fc^^'~^^c~t-hc-S^~~teg~~t#c-~T+~h--tie
~p~.i~fin fin+c ~ ~.-..,., ~nihinh ~~ ~n~~~;,Tgc ~~ed.-, shall be incorporated into
the .official... minutes of he meetings at which such variance is granted.
Variances may be granted only when in harmony with the general purpose
and intent of this chapter so that public health, safety, and welfare may be
secured and substantial justice done.
5-C Appeals:
5-C.1. Appeal -Variance
An applicant may appeal. the denial of a variance by the Planning &
Zoning Commission to the :City Council.- To file an appeal, the applicant
must submit a written request to the City Planner within ten (10) calendar
.days from the issuance of the Commission's decision. The plat' do' ou
mean plat or variance?l shall. t be considered denied until the City
Council issues a decision to. the contrary.
The appeal shall be placed on a Council agenda within thirty (30) days of
receipt of a written appeal by the City Planner.. The applicant must show
how the Commission's decision was unjust or in error in whole or in
part. The applicant shall. specify in writing the basis upon which the
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°Commission erred in denying the variance using the standards set out in
Section 5A herein above. The appeal. will not be processed without this
information in writing. The Council may either uphold or reverse the
Commission's decision. in its entirety.
Reversal of a decision of the Planning & Zoning .Commission shall
require a 3/4 majority vote of the Council. In the event the City Council
reverses the Commission's decision, the City Planner shall inform the
Commission of the City Council's decision to granf a variance to any
City. of College Station Subdivision regulation at the next available
meeting of the Commission.
5-C.2. Other Appeals
An applicant may; appeal a decision of the Planning & Zoning
Commission with regard to planning issues. such as, street locations
and sizes, public facility locations lot layout and orientation, park andlor
.greenbelt locations or concerning. any other matter within the authority
of the Planning & Zoning. Commission acting. within. the scope of its
'planning authority. The appeal must be submitted in writing to the city
'Planner within. ten calendar (10) days from the date of the Commission's
decision.
The appeal shall be placed on a Council agenda within .thirty (30) days of
receipf of the written appeal. The applicant must show .how the
Commission's decision was unjust or in error in whole or in part in .its
decision. The applicant shall specify in writing the basis for the filing of
an appeal of a Commission decision.. The appeal will not be processed
without his information in writing.
The Council may either .uphold or reverse the Commission's decision in
it's entirety. Reversal of the: Commission's decision shall require. a 3/4
'majority. vote of the Council. - In the evenfi the Council reverses the
decision of the Planning & Zoning Commission, the City Planner shall
inform the Commission "` that the City Council has reversed the
Commission's decision at the next available meeting of the Commission.
IV.
That Chapter 9, .Section 6, of the Code of Ordinances of the City of College Station. is
hereby amended to read as follows:
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ORDINANCE NO. Page $~9
SECTION 6: PROCEDURE AND PLAT REQUIREMENTS
6-A General.
6-A.1 The procedure for review and approval of a subdivision plat generally
consists of fl~ine-{$} seven (7) steps. The subdivider may first request a
pre-application meeting. The second -step is the preparation and
submission of a preliminary plat of the. proposed subdivision with the
appropriate application form and impact studies where required for
oversize request. The third step is the consideration of the preliminary
plat by the Pre-Submission Conference staff. The fourth step is the
consideration of the preliminary plat by the Planning & Zoning
Commission. ~e~i#t~i-~t~+s t-k~ss~s~eT°aii8 f +"° r~r°liminnr~i r~l.~+
' . The sixth. step is the application submittal for the
final plat with the appropriate application form and construction
documents. The seventh step is the consideration of the final plat by
the Pre-Submission Conference staff. The eighth step is the.
consideration by the Commission of a final plat together ,with. the
required certificates and data. T",~R+;~~ep--ES-t-",e-~^~~a40a
If favorable action has been.
taken by the Os~s+l Commission, the final plat becomes.. the
instrument to be recorded in the Office of the County Clerk when all.
requirements have been met. The construction documents when duly
signed by the City Engineer are authority to proceed with the
construction of streets' and utilities. Nothing. in the procedure
authorizes construction on private property.
6-A.2 Pre-Application Meetin
Prior to any application submittal, the subdivider. shall have familiarized
himself -with the subdivision regulations and the Zoning Ordinance, and
may request a pre-application meeting.. A date. and time for the
meeting .will be during business hours at the City Hall, and held within
ten.(10) calendar days of the date of the request. The subdivider shall
bring to-this meeting a city map with the proposed subdivision marked
thereon,'. and .information relative to the proposed development. He
shall be prepared to discuss its conformity with the Comprehensive
Plan n,°°+°r „'°^ of the city..
6-B Master Development Plan
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 period
of time.
All master development plans must be reviewed and approved by
both the Planning & Zoning Commission and the City Council.
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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. In cases -where there are no major
planning issues such as street locations and sizes, public facility
locations, lot .layout, park and .greenbelt locations, etc the
Preliminary Plat will require only consideration by the
Commission.
Any master development plan shall depict the following:
(a) proposed land uses, including but not limited to street
rights-of-way;
(b) proposed zoning changes;
(c) proposed drainage development;
{d) proposed public improvements, including but not limited
to parks, schools, and other public facilities.
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6-B.2 Subseauent Preliminary Plats
6-B.2.1 When--9-bse a master development plan is approved, the
subdivider may submit a .master preliminary plat covering the
entire .area .shown on the master development plan, and
indicate thereon his proposed: plan of development by
increments. When this master preliminary plat conforms to
the approved ..master development plan, it must be
.reviewed and approved only by the Commission. Council
consideration is not required unless there are requests as
specified in Section 1.B. that require Council action. 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 plan or
preliminary plat must be reviewed and approved only by
the Commission. In the event that the master preliminary plat
differs'from the approved master development plan the master
preliminary Tplaf must be approved by both the Commission
and the City .Council.
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 platshall be effective fora period of one (1)
year, and may be extended for an additional period of twelve
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ORDINANCE NO. ~ Page 10~
(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.
6 B.3 Processing Master Development Plans and Master
Preliminary Plats
6-B.3.1 When the master development plan or master preliminary
plat is received with subdivider's application for approval
and. #the fee, all copies received shalF be dated, ..stamped,
and 'signed, and one (1) copy returned to the subdivider.
and immediately distributed to other city departments
concerned for their review prior to the Pre-Submission
Conference. APre-Submission Conference to be held
within ten (10) calendar days of the application deadline
date will be scheduled and the applicant and all concerned
- staff notified of such conference.
6-B.3.2 A copy of the master development .plan or master
preliminary plat will be forwarded to the Commission with
Pre-Submission. Conference comments.
6-B.3.3 The applicant will be advised of the date set for
Commission consideration.
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 recommend to the. City Council to
approve, disapprove or conditionally approve the planlplat
with modifications. Upon ;recommendation by the
Commission; the plan/plat,. :minutes or reports, and
findings of ,the Commission shall be forwarded to the
Council for consideration where applicable.
6-B.3.5 The City Council, where applicable, and within forty-five
(45)-days after the Commission's action, shall consider the
plan/plat and shall approve or disapprove such plan/plat
or conditionally approve such plat. with modifications.
Following formal action by .thee Council, the city will
transmit to the subdivider one (1) copy. of-the plat marked
"APPROVE®" or "CONDITIONALLY APPROVED" with the
conditions stated on the plat.. Approval or conditional
approval will' be the authority to proceed- with the
preparation of f the final plat. but does not constitute
acceptance-of the final plat.
6-B.3.6 Approval or.conditional approval of a master development
plan or master preliminary plat shall be effective for one
(1) year frorm the date of such notice, unless reviewed by
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the Commission in light of new or significant information
~ which would necessitate- a revision, in which case the
Commission shall so inform the subdivider in writing.
6-B.3.7 If a final plat is not submitted within one (1) year of the
effective date of approval, the Commission may, upon
written applucation of the subdivider, extend the. approval
for an additional six (6) months.
6-C Preliminary Plat:
6-C.1 The application date shall be at least twenty (20) calendar
days prior to the .meeting of-the Commission, at which time the
preliminary plat is to be considered. The subdivider shall
.submit paper copies as specified in the application of the
Preliminary Plat, and a mylar copy of the proposed subdivision,
drawn to a scale of not less than one hundred feet (100') per
inch.. The words "PRELIMINARY PLAT -NOT FOR RECORD"
shall appear on the plat in letters 1/2" high.. The date the plat
was submitted and the dates of any revisions shall legibly
appear on the ,plat. The subdivider.. shall submit with the
Preliminary Plat' an application for approval on forms available
in the .Planning Department..
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ORDINANCE NO. Page 128
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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.
6-C.3 An application fee shall be established by Council resolution
from time-to-time. Application fees are not refundable but shall
not be required on subsequent submittals of revised plats.
6-C.4 The plat shall be drawn on sheets 24" x 36". When more than
..one sheet is necessary to accommodate the entire. area, an in-
dex sheet at .appropriate scale. showing the entire area,. shall be
attached. The. plat shall be drawn on mylar film... positive
accompanied by paper copies as specified in the application'.
6-C.5 The plat shall conform. to the general requirements and.. minimum
standards of Design and Improvements asset forth in Articles III
and IV, and shall show specifically:
6-C.5.1 The. name and address of the subdivider, record
owner, planner, engineer, and surveyor.
6-C.5.2 The proposed name of the subdivision,. which shall not
have the spelling as or be pronounced similar to the
-name of any other subdivision located within Brazos
County, Texas.
6-C.5.3 The name of contiguous subdivisions and names of
owners of contiguous parcels of unsubdivided land,
and ~n indication whether or not contiguous properties
are platted.
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ORDINANCE NO.
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6-C.5.4 Descriptions by metes and bounds of the subdivision
which shall close within accepted land survey
standards.
6-C.5.5 -Primary. control points. or descriptions and ties to
such control point, to .which, later, .all dimensions,
angles, bearings, block .numbers, .and similar data
shall be referred. .The plat shall be located with
respect to a corner of the survey or tract, or an original
corner of the original survey of which it is a part...
6-C.5.6 Subdivision boundary lines, indicated by heavy. lines,
and the computed acreage of the subdivision.'.
6-C.5.7 Existing features as follows:.
(a) The location, dimension, name and. description
of .all recorded streets, alleys, .reservations,
easements, or other public or private rights-of-
way within the subdivision, intersecting or
contiguous with its boundaries or forming such
boundaries. In the case of pipelines carrying
#lammable gas. or fuel, the approximate lo-
cation, size of line, design pressure and product
transported through the line shall be shown.
(b) The location,. dimension, description and name
of all existing. or recorded lots, parks, public
areas, permanent structures and other sites
within or contiguous with the subdivision.
(c) The location, dimensions, description,'and flow
line of existing watercourses 'and 'drainage
structures within the subdivision'or contiguous
thereto.
(d) The location of the. one hundred- (100) year
flood according to the most recent best
available data.
6-C.5.8 Date of preparation, scale in feet, and north arrow.
6-C.5.9 Topographic information, including contours at .two foot
(2') intervals, flow line elevation of streams, and- wooded
areas.
6-C.5.10 The location, approximate dimensions, description and
name of all. proposed streets, alleys, drainage structures,
parks, or other public areas, reservations, easements, or
other rights-of-way, blocks, lots, and other sites within the
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ORDINANCE NO.
Page14~9
subdivision. Proposed channel cross sections, if any.
Existing and/or proposed well site locations...
6-C.5.11 A number or letter to identify each lot or site and each
block.
6-C.5.12 Location of current city limits line, and current zoning
district boundary..
6-C.5.13 Vicinity map at a scale of not less than five hundred feet
(500') per inch, which shall show existing subdivisions,
streets, .easements, right-of-way,. .parks, and public
facilities in the vicinity, and. the general drainage plan and
ultimate destination of water for a distance of one quarter.
(1/4) mike, and possible storm sewer, water, gas, electric,
and sanitary sewer connections by arrows.
6-C.5.14 Show number of residential lots.
6-C.6 If a change in zoning is contemplated or necessary, the subdivider shall
submit a format request of zoning change as required under the zoning
ordinance.
6-C.7 Processina the Preliminary Plat.
6-C.7.1 When the preliminary plat is received with subdivider's
.application for approval and the filing fee, all copies
received shall be dated, .stamped, and signed, and one
(1) copy returned to the subdivider and immediately
distributed to other city departments concerned for their
review prior to the Pre-Submission Conference. A Pre-
Submission Conference. to be held within. ten (10)
calendar days of the application deadline date will be
scheduled and the. applicant and all concerned staff
notified of such conference.
6-C.7.2 A copy of the. preliminary plat will be forwarded to the
Commission with Pre-Submission Conference comments.
6-C.7.3 The applicant will be advised of the date set for
Commission consideration.
6-C.7.4 Within thirty (30) days .after the preliminary plat is formally
filed woth the city,' the Commission shall approve,
disapprove or conditionally approve the plat with
modifications.
js/c/ordinan/chp9ord2.doc
S i
~ ORDINANCE NO. Page 15~
6-C.7.~5 Approval or conditional approval of a preliminary plat shall
be effective for one (1) year from the date of such notice,
unless reviewed by the Commission in the light of new or
significant information which would necessitate a revision,
in which case the Commission shall so inform the
subdivider in writing.
6-C.7.~6 ~ If a final plat is not submitted within one (1) year of the
effective date of approval, the Commission may, upon
written application of the subdivider, extend the approval
for an additionaf six (6) months.
6-D General.- Final Plats (including replats, minor plats, amending plats)
6-D.1 T",-~-fri„~ 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 the Council; and.
provided. further, that it conforms to all requirements of these
regulations.
6-D.2 Filing Fees
There shall be an application fee as established by Council resolution
from. time to time for the filing of tie-final plats, amending plats. and
-minor plats.
6-D.3 Time of Filina
Copies. of the #i-na~l plat (number as specified on the application form),
together with a film positive thereof, two (2) sets of construction plans
and documents, tax payment certificates, and a formal. application shall
be filed with thecity, with the application fee,. at least twenty (20) days
prior to: (1) the meeting of the Commission at which it is to be
considered or (2) consideration. by the City Engineer and City
Planner, in the case of minor and amending plats. The #+r~af plat will
not be considered unless a preliminary. plat has been filed and
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ORDINANCE NO. Page 16~
approved, except in the case of dedication of land for a street, park,
school site, or drainage easements.
6-D.4 Form and Content
6-D.4.1 The' #+r~a-I plat shall be drawn on sheets twenty-four inches
(24")' by thirty-six inches (36"), on a scale of one hundred
feet (100') to one inch (1"). Where more than one (1)
sheet is .required, an index sheet showing the entire
subdivision, and drawn to a scale of not .less .than five
hundred feet (500') per inch shall be attached. The
construction plans shall be drawn on twenty-four inch
(24") by thirty-six inch (36") sheets.
6-D.4.2 In addition to the various requirements of the preliminary
plat, the final, amending or minor plat shall also include
the following, based on #ield survey and marked by mon-
uments and markers:
6-D.4.2.1 The exact location, dimensions, name, and
legal description of all existing or recorded
streets, alleys, reservations, easements, or
.other rights-of-way .within the subdivision,
intersecting or contiguous with the boundary
orforming such a boundary with accurate
dimensions, bearings or deflection angles
and radii, area, center angle, degree of
curvature, tangent distance, and length of all
curves, where applicable.
6-D.4.2.2 The exact location, dimensions, description,
and name of all proposed streets, alleys,
drainage structures, parks, and other public
areas, reservations, easements, or other
rights-of-way, blocks, lots,. and other sites
within the subdivision, with accurate
dimensions, bearings, or deflection angles
and radii, areas, center angle, degree of
curvature,. tangent distance, and length of
curves, where applicable.
6-D.4.2.3 Lot corner markers and survey monuments
shall be shown clearly by .symbol, -and.
clearly tied to basic survey datum.
6-D.4.2.4 The following certificates, .when applicable,
shall appear on the face of the plat: (See
samples in Appendix A attached.)
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~, ~
M
~ ORDINANCE NO.
Page17~9
Certificate. of Ownership and Dedication;
Certificate of Surveyor and/or Engineer;
Certificate of City Engineer;
Approval of Commission; and
Certificate of the County Clerk.
6-D.4.3 When filed, the plat shall be accompanied by the
construction documents as prescribed below, in duplicate,
and bearing the seal and signature of a registered
.professional engineer. All shall be in .accordance with city
engineering standards.
6-D.4.3.1 Street, alley, and sidewalk plans, profiles,
' and sections, with .specifications -and detail
cost estimates.
6-D.4.3.2 Sanitary sewer plat with two foot (2')
contours, plan and profile lines, showing
depth and grades,. with cost estimates.
6-D.4.3.3 Water line plat showing fire '.hydrants,
valves, etc., with specifications and a
detailed cost estimate. This may.. be
combined with. 6-D.4.3.2.
6-D.4.3.4 Storm drainage system plat with two foot (2')
contours, street lines, inlets, storm. sewer
and drainage channels with profiles and
sections, and showing drainage:.. and runoff
areas, and runoff based on five (5), ten (10),
and twenty-five (25) year rain. intensity..
Detail drainage structure design and
channel lining design if used, with
specifications and detail cost estimate.
6-D.4.3.5 Street lighting plan showing ..location of
lights, design, and. with specifications and
detail cost estimate.
~ 6-D.4.4 When filed, the #+eal-plat shall also. be accompanied by
certificates .from all taxing agencies showing payment of
all ad valorem. taxes on the land within the subdivision.
6-D.5 Processing the Final Plat. Amending Plat or Minor Plat
~ 6-D.5.1 When the f~irta~l-plat, together with the accompanying data,
filing fee, -and the application .for approval is 'received by
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ORDINANCE NO. Page 1 g24
.the City c°Planner, it will be handled in the same
manner and under the same time schedule as prescribed
in Section 6C above for a preliminary plat.
6-D.5.2 Within thirty (30) days- after the #i~aa-plat is formally filed, ~
the Commission shall
approve,
disapprove,. or conditionally approve such plat. ~e
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6-D.5.3 Within twenty (20) days after an amending or minor
plaf is formally filed, the .City Engineer, or his
.designee and the City :Planner, or his designee shall
approve such plat or notify the applicant that
consideration of the plat ,will be forwarded to he
Commission. The. Commission shall approve,'
disapprove or conditionally approve the plat within'
thirty (30) days of the City Engineer's and 'City
Planner's decision and notification to the applicant.
A report shall be made to the Commission at each
meeting notifying the Commission of any new minor
or amending plats that. were approved '.since the. last
Commission meeting... The same report shall be
forwarded to the .Council through the Office of the'
City Manager.
6-D.5.~4 After conditional approval of a plat, the subdivider shall
notify the City Engineer within ten (10) days as to 'the
construction procedure he proposes to follow. He shall
follow one (1) of the following procedures:
6-D.5.~4.1 The subdivider may proceed with
construction of streets, alleys, sidewalks,
and utilities that he is required to .install, in
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~ f
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~ ORDINANCE NO. Page 1929
which case the city will inspect the work as it
progresses, and upon completion and final
acceptance, and upon written request of the
subdivider, the. final plat will be approved
and filed for record with- the County Clerk.
The subdivider shall pay the record filing
fee:
6-D.5.34.2 The subdivider may elect to file a
"guarantee of performance" as provided in
Section. 7, in which case the guarantee of
performance shall be filed with the City
Secretary, together with a requesf that the
plat be filed for record. In this case, the final
plat will be approved and filed with .the
County Clerk. The subdivider shall pay the
record. filing .fee. The city will inspect the
construction work as~ it .progresses: and will
make the final inspection to assure compli-
ance with city requirements.
6-D.5.45 Upon completion of construction, the subdivider shall
deliver to -the city a one (1) year guarantee of
workmanship and materials as provided in Section 7."
V.
This ordinance shall become effective from and after its passage in accordance with
the Charter of the City of College Station.
j s/c/ordinan/chp9ord2. doc
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w.
ORDINANCE NO.
Page 20~ ~
PASSED, ADOPTED AND APPROVED this day of May, 1996.
APPROVED:
Larry Ringer, Mayor
ATTEST:
Connie Hooks, City Secretary
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ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION BY AMENDING CHAPTER 9, SECTION 1: AUTHORITY,
.GRANTING SPECIFIC AUTHORITY TO THE PLANNING & ZONING COMMISSION
.AND CITY COUNCIL RELATIVE TO THE REVIEW AND APPROVAL OF PLATS; BY
AMENDING CHAPTER. 9, SECTION 3: DEFINITIONS, INCLUDING VARIOUS
DEFINITIONS; BY AMENDING CHAPTER 9, SECTION 5: APPEALS, PROVIDING
FOR AN APPEAL PROCESS;. BY AMENDING CHAPTER 9, SECTION 6:
PROCEDURE AND PLAT .REQUIREMENTS, GENERALLY REMOVING THE CITY
COUNCIL FROM THE PROCESS, DELEGATING APPROVAL QF MINOR AND
AMENDING PLATS TO THE .CITY .ENGINEER, AND REMOVING THE
REQU'JREMENT FOR IMPACT STUDIES, EXCEPT WHERE OVERSIZE
PARTICIPATION IS REQUESTED.
WHEREAS, on May 9, 1996, the College Station City. Council determined that, in the
interest of streamlining the development process,. the Council should grant final
authority. for the review and approval or denial of .plats to the Planning & Zoning
Commission subject to an appeal to the City Council as well as authority for minor
and amending plats to the City Engineer, AND
WHEREAS, the City Council 'further determined ..that an .appeal process is an
important'and necessary part of the development process and determined to reserve
its authority to hear and' determine appeals from Planning and Zoning Commission
decisions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION:
I.
That Chapter 9, Section. 1, of the Code of Ordinances of the City of College Station
is .hereby amended to read. as follows:
SECTION 1: AUTHORITY
This chapter is adopted under authority of the constitution and laws of the State of
Texas, including particularly. Chapter 231, Acts of the 40th Legislature, Regular
Session, as heretofore or hereafter amended, compiled as Article 974a, V.A.C.S.,
the provisions of Section 4 of the Municipal Annexation Act as hereto fore or
hereafter amended, compiled as Article 970a, V.A.G.S., and pursuant to the
provisions of the charter of the City of College Station, Texas.
SECTION 1A -FUNCTION OF PLANNING AND ZONING COMMISSION
In accordance .with .the authority granted by applicable statutes, ordinances, and
regulations, the Commission shall approve or disapprove plats,. subdivisions, and
replats of land within the corporate .limits and extraterritorial jurisdiction of the city. If
a plat conforms to this article,. state law, and all other rules .and regulations
pertaining to the platting. of land, the Commission shall endorse its approval upon
the plat.
ORDINANCE N.O. ~ Page 2
SECTION 1 B -FUNCTION OF THE CITY COUNCIL
In accordance with the authority granted by applicable statutes, ordinances and
regulations., the City Council shall be the authority for approving master development
plans and master preliminary plats,. in accordance with section 6-B; requests for
oversize participation„as outlined in Section. 9; development agreements requesting
deferral of specific requirements of this ordinance; abandonment of rights-of-way
requests, appeals of Commission decisions, as per Section 5-C.1 and appeals of
other items as per Section 5-C,2.
That Chapter 9, Section 3, of the:Code of Ordinances of the City of College Station
is hereby amended to read as follows:
SECTION 3: DEFINITIONS.
For the purpose of this chapter, certain words as used herein are defined as follows:
Alley means. a minor public. way which provides a secondary means of
vehicular access to the abutting property otherwise served from a public
street.
Access Way is a public right-of-way not less than ten. feet (10') in width
between property .lines, with a paved sidewalk, which provides for pedestrian
circulation.
Amending Plat is as defined by Section 2.12.016 of the Texas Local
Government Code as it currently exists or as hereinafter amended.
Block is a tract or parcel of land designated as such on a duly recorded plat,
surrounded by streets or other physical obstructions.
BuildingSite means any undivided block or combination of blocks and parts of
blocks, lots, or combination of lots and parts of lots, to be occupied by a
building or multiple building complex.
C~ refers to the municipal corporation, City of College Station, Texas.
Citv Council shall. mean the duly and. constitutionally elected governing body.
of the City of College Station, Texas.
City .Manager means the person employed as chief administrative officer of
the City of College Station, Texas.
City Attorney .means the person employed as City Attorney of the City of
College Station, Texas.
Citv Engineer means the person. employed as City Engineer of the City of
College,Station, Texas.
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ORDINANCE NO.
Page 3
Comprehensive Plan refers to the. City of College Station's Comprehensive
Plan supplemented by any other land use, thoroughfare or master plans as
approved. by City Council as adopted or amended from time to time.
County shall refer to the county of Brazos County, Texas.
Commission shall refer to the duly appointed Planning and Zoning
Commission of the City of College Station, Texas.
Cut-De-Sac is a street having but one (1) outlet to another street and ter-
minating on the other end in a vehicular turnaround.
Developer: See Subdivider
Dead End Street is a street, other than a cul-de-sac, with only one (1) outlet.
Drainage Easement is an interest inland granted to the city for maintenance
of a drainage. channel, on which. building is prohibited, and providing for the
entry and operation of machinery and vehicles for maintenance.
Easement: See Drainage Easement and Utility Easement.
Engineer means a person duly authorized and licensed under the provisions
of the ".'Texas Engineering. Registration Act, to practice the profession of
engineering.
Extraterritorial Jurisdiction, within the terms of the Texas Municipal An-
nexation'Act, means the unincorporated area, not a part of any other city,
which is contiguous to the corporate limits of the City of College Station, the
outer boundaries of which are measured from the extremities of the corporate
limits of the city, outward for such distances as may be stipulated in the Texas.
Municipal Annexation Act, in which area, within the terms of the act, the city
may enjoin the violation of its subdivision control chapter.
Feeder Line shall. mean any line, wire, or cable and. appurtenances which
distributes,. transmits, or delivers a utility service from a source to a general
area or to multiple developments,. and not to a specific end user.
Lateral Line shall mean any .line, wire, or cable and appurtenances used to
distribute,. transmit, or deliver service from. a feeder line to two (2) or more
sites or end users of the utility service within a specific development.
Lot. is physically an undivided tract or parcel of land as shown on a duly
recorded plat.
Maior Street includes state highways, arterial streets, parkways, and
boulevards.
Master Development- Plan refers to a conceptual,. informal map of all
contiguous property under common ownership .showing potential future
subdivision or development. It is of sufficient accuracy to be used for
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ORDINANCE N0. Page 4
purposes of discussion and classification. It shall include information as
described in :Section 6-B.1.
Master Preliminary Plat refers to a map of a proposed subdivision or
development. with the same level of detail as required for a preliminary plat
under Section 6-C. A .master preliminary plat is essentially several
preliminary plats together on one document such that portions may be
subsequently submitted for approval as final plats as per Section 6-B.2.1.
Minor .Plat as defined by Section 212.0065 of the Texas Local Government
Code. A subdivision involving four or fewer lots fronting on an existing street
and thaf does not require the. creation of any new street or the extension of
municipal facilities.
Mobile Home Park means a parcel of land, under single ownership, which has
been .planned and .improved for .placement of mobile homes for nontransient
use. See Chapter 3, Section 4 of this Code of Ordinances.
May. is permissive.
Pavement. Width means the portion. of the. surface of the street available for
vehicular traffic; where curbs are used, it is the portion between the face of
curbs.
Planned Unit Development, PUD, means a parcel. of land completely planned
as a unit. development, requiring special handling and approval. See Section
11.
Planning and Zoning Commission means the duly appointed Planning and
Zoning Commission of the City of College Station, Texas.
Plat means. a map of a subdivision showing the location and boundaries of
individual parcels of land subdivided into lots, with streets, alleys,. easements,
etc., usually drawn to scale; also includes a replat and an amended plat."
Preliminary Plat refers to a map indicating the proposed layout of a
subdivision meeting the requirements. of Section 6.C.
Principal Street is a street so designated and indicated .in the street regulation
section of,this Code of Ordinances, Chapter 3, Section 5.
Service Line shall mean any line, wire,. or cable and. appurtenances used to
distribute,, transmit, or deliver a utility service from a source of supply, feeder
line,. or lateral Tine directly to an end user.
Shall is always mandatory.
Street is' a way for vehicular .traffic, whether designated as a highway,
residential street, arterial .street, parkway, boulevard.,. business street, or
industrial' street..
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ORDINANCE. NO.
Page 5
Subdivider means any person or persons, firm, or corporation subdividing a
tract or parcel of land to be sold or otherwise handled for his own personal
gain or use.
Subdivision means the division of a lot, tract, or parcel of land into two (2) or
.more parts, .lots, or sites, for the purpose, whether immediate or future, of
sale, division of ownership or building development. This also includes the
resubdivision of land or lots which are a part' of a previously recorded
subdivision. Divisions of land for agricultural purposes, where no building
construction is involved, in parcels of five (5) acres or more, shall not be
included.. within this :.definition, unless such subdivision of five (5) acres or
more includes the planning or development of a new street or access
easement. An addition is a subdivision as is defined herein.
Surveyor means a licensed state land surveyor or a .registered public sur-
veyor, as authorized by the Texas Land Surveyors Registration Act.
Utility Easement means an interest in land granted to the city, to the .public
generally,. and/or to a private .utility company,. for installation or maintenance
of utilities across, over, or under private land, together with the right to enter
thereon ,with .machines and vehicles as necessary for maintenance of such
utilities.
Zoning Ordinance refers to the duly enacted zoning ordinance of the City of
College Station, Texas, adopted by reference in Chapter 12, Section 2 of this
Code of Ordinances.
Definitions not expressly prescribed herein. are to be construed in accordance with
customary usage in municipal planning and engineering practices."
That Chapter 9, Section. 5, of the Code of Ordinances of the City of College Station
is hereby amended to read as follows:
SECTION 5: VARIANCES
55=A The Commission may authorize a variance from the regulation when, in their
opinion, undue hardship will result from requiring strict compliance. In
granting a variance, the- Commission shall prescribe only conditions that it
deems not prejudicial to the: public interest. In making the findings
hereinbefore required, Commission shall take into .account the nature of the
proposed use of the land involved, the existing use of land in the vicinity, the
number of persons who will reside or work in the .proposed subdivision, the
possibility that a nuisance will. be created, .and the probable effect of such
variance upon traffic conditions. and. upon public health, ,convenience, and
welfare.. of the-vicinity. No variance shall be granted unless the Commission
finds:
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ORDINANCE NO. Page 6
5-A.1 That there are special circumstances or conditions affecting the land
involved such that strict application of the provisions of this chapter will
deprive the applicant of the reasonable use of his land;
5-A.2 That the variance is necessary for the .preservation and enjoyment of a
substantial property right of the applicant;
5-A.3 That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or injurious to other property in the area, or to
the city in administering this chapter; and
5-A.4 That the granting of the variance will not have the effect of preventing
the orderly subdivision of other land in the area in accordance with the
provisions of this chapter.
5-B Such findings of the Commission, together with the specific facts upon which
such findings are based, shall be incorporated into the official minutes of the
meetings at which such variance is granted. Variances may be granted only
when in harmony with the general purpose and intent of this.. chapter so that
public health, safety,. and welfare may be secured and substantial justice
done.
5-C Appeals:
5-C.1. Appeal -Variance
An applicant. may appeal the denial of a variance by the Planning & Zoning
Commission to the City Council. To file an appeal, the applicant must submit
a written request. to the City Planner within ten (10) calendar days from. the
issuance of the Commission's decision. The plat shall not be .considered
denied untilthe City Council issues a decision to the contrary.
The appeal shall be placed on a Council .agenda within thirty (30) days of
receipt of a written appeal by the City Planner. The applicant must show how
the Commission's decision was unjust or in error in whole or in part. The
applicant shall specify in writing the basis upon which the Commission erred
in denying the variance using the standards set out in Section 5A herein
above. The appeal will not be processed without this information in writing.
The Council may either uphold or reverse the Commission's decision in its
entirety.
Reversal of a decision of the Planning. & Zoning Commission shall require a
3!4 majority vote of the Council In the event the City Council reverses the
Commission's decision, the City Planner shall inform the Commission of the
City Council's decision to grant a variance' to any City of College Station
Subdivision regulation at the next available meeting of the Commission.
5-C.2. Other Appeals
An applicant may appeal a decision. of the Planning & Zoning .Commission
with regard to .planning. issues .,such as, street locations and sizes, .public
facility locations, lot layout and orientation, park andlor greenbelt locations or
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ORDINANCE NO. Page 7
concerning any .other matter within the authority of .the Planning & Zoning
Commission acting within the scope of its planning authority. The appeal
must be submitted m writing to the city Planner'withm ten calendar (10) days
from the date of the Commission's decision.
The appeal shall. be placed on a Council agenda. within thirty (30) days of
receipt of the written appeal. The applicant must show how the Commission's
decision was unjust or in error in whole or in part. in its decision. The
applicant shall specify in writing the basis for the filing of an appeal of a
Commission decision. The appeal will not be processed without this
information in writing..
The Council may either uphold or reverse the Commission's decision in it's
entirety. Reversal of the Commission's decision shall require a 3/4 majority
vote' of the Council. In .the event the Council reverses the decision of the
Planning & Zoning Comrission, the City Planner shall inform the Commission
that the City Council has reversed the Commission's decision at the next
available meeting of the Commission.
IV.
That Chapter 9, Section. 6, of the Code of Ordinances of the City of College Station
is hereby amended to read as follows:
SECTION 6: PROCEDURE AND PLAT REQUIREMENTS
6-A General
6-A.1 The procedure for review and approval of a subdivision plat generally
consists of seven (7) steps.. The subdivider may first request apre-
appfication meeting. The second step is the preparation and
submission of a preliminary plat of the proposed subdivision with the
appropriate application form and impact studies where required for
oversize .request. The. third step is the consideration of the preliminary
plaf by the Pre-Submission Conference staff. The fourth step is the
consideration of .the preliminary .plat by the .Planning & Zoning
Commission. The ixth step is the application submittal for the final
plat with the appropriate application form and construction documents.
The. seventh step is the consideration of the final plat by the Pre-
Submission Conference staff. The eighth step is the consideration by
the Commission of a final .plat #ogether with the required ..certificates
and data. If favorable action has been taken by the Commission, the
final plat becomes he instrument to be recorded in the Office of the
County. Clerk when all requirements have been met. The construction
documents when duly signed- by the. City Engineer are authority to
proceed with the construction of streets and utilities. Nothing in the
procedure authorizes construction on private property.
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ORDINANCE NO.
6-A.2 Pre-Application Meeting
Page 8
Prior to any application submittal, the subdivider shall have. familiarized
himself with the subdivision regulations and the Zoning Ordinance, and
may request apre-application meeting. A date and time for the
meeting will be during business hours at the City Hall, and held within
ten (10) calendar days of the date of the-request. The subdivider shall
bring to this :meeting. a city map with the proposed subdivision marked
thereon, and .information relative to the. proposed development. He
shall be prepared to discuss its conformity with the Comprehensive
Plan of the city.
6-B Master Development Plan
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 greenbelf locations,
etc. #o be addressed and where there will be subsequent preliminary
and or finale plats occurring over a period of time.
All master development plans .must be reviewed. and approved by both
the Planning & Zoning Commission and the City-Council. 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. In .cases where there are no major planning issues
such 'as street locations and sizes, .public facility locations, 'Jot .layout,
park and greenbelt locations, etc. the Preliminary Plat will require only
consideration` by the Commission.
Any master development plan shalt depict the following:
(a) proposed land uses, including but not limited #o street
rights-of-way;
(b) proposed zoning changes;
(c) proposed drainage development;
(d) .proposed. public improvements, including but. not limited
to partcs, schools, .and other public facilities.
6-B.2 Subsequent Preliminary Plats
6-B.2.1 When a master development plan is approved, the subdivider
may submit a master preliminary plat covering the entire area
shown on the master development plan, and indicate thereon
his proposed plan of development by increments. When this
master preliminary plat conforms to the approved master
development plan, it must be reviewed and approved only by
the Commission.'. Council consideration is not required unless
there are requests as specified in Section 1. B. that require
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Council action. 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 only by the
Commission. In the event that the master preliminary plat
differs from the approved master development plan the master
.preliminary. plat must be approved by :both the Commission
and the City Council.
After approval of this master preliminary plat, the subdivider may
submit fractional final plats m 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.
6 B.3 Processing Master Development Plans and Master Preliminary Plats
6-B.3.1 When the master development plan or master preliminary plat
is received with subdivider's application. for approval and the
.fee, all _copies received shall be dated, stamped, and signed,
and. one (1 }copy returned to the subdivider and immediately
distributed to other city departments concerned for their review
prior to the Pre-Submission 'Conference. APre-Submission
Conference. 'to be held within: ten (10) calendar days of the
application deadline date wi l be scheduled and the applicant
and all :concerned staff .notified of such conference.
6-B.3.2 A copy, of the master development plan or master.. preliminary
plat will be .forwarded to the Commission. with Pre-Submission
Conference comments.
6-B.3.3 The applicant will. be .advised of the date set for Commission
consideration.
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 recommend to the City Council to approve,
disapprove or conditionally approve the plan/plat with
.modifications. Upon recommendation by the Commission, the
plan/plat, minutes or reports, and findings of the Commission
shall be forwarded to the Council for consideration where
applicable.
6-B.3.5 The City Council, where applicable, and within forty-five (45)
days after the Commission's action, shall consider the
plan/plat and shall approve or disapprove such plan/plat or
conditionally- approve such plat with modifications. Following
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formal action by the. Council, the city will transmit to the
subdivider one (1) .copy of the plat marked "APPROVED" or
"CONDITIONALLY APPROVED" with the conditions stated on
the plat. Approval or conditional approval will be the authority
to proceed with the preparation of the final plat but does not
constitute acceptance of the final plat.
6-B.3.6 Approval or conditional approval of a master development plan
or master .preliminary. plat shall be effective for one (1) year
from the date of such notice, unless reviewed by the
Commission 'in light of .new or significant information which
would necessitate a .revision, in which case the Commission
shall so inform the subdivider in writing.
6-B.3.7 if a final plat is not. submitted within one (1) year of the
effective date of approval,. the Commission may, .upon written
application of the subdivider, extend the approval. for an
.additional. six (6) months.
6-C Preliminary Plat:
6-C.1 The application date shall be at least twenty (20) calendar
days prior#o .the meeting of the Commission, at which time the
preliminary plat is to be considered. The subdivider shall.
submit paper copies as specified. in the application of the
Preliminary Plat, and a mylar copy of the proposed
subdivision,. drawn to a scale of not less than one hundred feet
(100') per inch. The words "PRELIMINARY PLAT -NOT FOR
RECORD" shall. appear on the .plat in letters 1/2" high. The
date the plat was submitted and the dates of any revisions
shall legibly appear on the plat. The subdivider shall submit
with the Preliminary .Plat an application for approval on forms
available in the Planning Department.
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.
6-C.3 An application fee shall be established by Council resolution
from time-to-time.. Application fees. are-not refundable but shall
not be required on subsequent submittals of .revised plats.
6-C.4 The plat shall be drawn on sheets 24" x 36". When more than
one sheet is necessary to accommodate the entire area, an in-
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dex sheet at appropriate scale showing the entire area, shall be
attached. The plat shall be drawn on mylar film positive
accompanied by paper copies as specified in the application.
6-C.5 The plat shall conform to the general requirements and minimum
standards of Design and. Improvements as set forth in Articles III
and IV, and shall show specifically:
6-C.5.1 The name and address of the subdivider, record
owner, planner,. engineer, .and surveyor.
6-C.5.2 The proposed name of the subdivision, which shall not
have the spelling as or be pronounced similar to the
name of any other subdivision located within Brazos
County, Texas.
6-C.5.3 The name of contiguous subdivisions and names of
owners of contiguous parcels of unsubdivided land,
and an indication whether or not contiguous properties
are platted.
6-C.5.4 Descriptions by metes and bounds of the subdivision
which shall close within accepted land survey
standards.
6-C.5.5 Primary control points or descriptions and ties to such
control. point, to which, later, all dimensions, angles,
bearings, block numbers, .and similar data shall be
referred. The plat shall be located with .respect to a
corner of the survey or :tract, or an original corner of
the original survey of which it is a part.
6-G5.6 Subdivision boundary lines, indicated by heavy lines,
and the computed acreage of the subdivision.
6-C.5.7 Existing features as follows:
(a) The location, dimension, name and description
of all recorded streets,. alleys, reservations,
easements,. or other public or private rights-of-
way within the subdivision, intersecting or
contiguous with its boundaries or forming such
boundaries.. In the case of pipelines carrying
flammable gas or fuel, the approximate lo-
cation, size of line, design pressure and
product transported through the line shall be
shown.
(b) The location, dimension, description and .name
of all existing or recorded Lots, parks, public
areas, permanent structures and other sites
within or contiguous with. the subdivision.
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(c) The location, dimensions, description, and flow
line of existing watercourses and drainage
structures within the subdivision. or contiguous
thereto,
(d) The location of the one hundred (100) year
#lood according to the most recent best
available data.
6-C.5.8 Date of preparation, scale in feet, and north arrow.
6-C.5.9 Topographic information, including contours at two
foot (2') intervals, flow. line. elevation of streams, and
wooded areas.
6-C.5.10 The location, approximate dimensions, description
and name. of all proposed streets, alleys, drainage
structures,. parks, or other public areas,'reservations,
easements, or other rights-of-way, blocks., lots, and
other sites within .the subdivision. Proposed channel
cross sections, if ..any. Existing and/or proposed well
site locations.
6-C.5.11 A number or letter to identify each lot or"site and each
block.
6-C.5.12 Location of current city limits line, and current zoning
district boundary.
6-G5.13 Vicinity .map at a scale of not less than five hundred
feet (500') per inch, which shall show existing.
subdivisions, streets, easements, right-of-way, parks,
and public facilities in the vicinity,. and the general
drainage. plan and ultimate destination of water for a
distance of one quarter (1/4) mile, .and possible storm
sewer, water,. gas, .electric, .and sanitary sewer
connections by arrows.
6-C.5.14 Show number of residential lots.
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.
6-C.7 Processing the Preliminary Plat
6-C.7.1 When the preliminary plat is received with subdivider's
application for .approval and the filing fee, all copies
received shall be dated, stamped, and signed, and one
(1) copy returned to the subdivider and immediately
distributed to other city departments concerned for their
review prior to the Pre-Submission Conference. A Pre-
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Submission Conference to be held within ten (10)
calendar days of the application deadline date will be
scheduled and the applicant and all concerned staff
notified of such conference.
6-C.7.2 A copy of the preliminary plat will be forwarded to the
Commission with.Pre-Submission Conference comments.
6-C.7.3 .The applicant will be advised of the date set for
Commission consideration.
6-C.7.4 Within thirty (30) days after the preliminary plat informally
filed with. the city, the Commission shall. approve,
disapprgve or conditionally approve the plat with
modifications.
6-C.7.5 Approval. or conditional approval of a preliminary plat
shall be effective for one (1) year from the date of such
notice,. unless .reviewed. by the Commission in the light of
new or ignificant information which would necessitate a
revision, in which case the Commission shall so inform
the subdivider'in'writing.
6-C.7.6 If a final plat is not submitted within one. (1) year of the
effective date of approval, the Commission may, upon
written application of the subdivider,, extend the approval
for an additional six (6) months.
6-D General -Final Plats (including replats, minor plats, amending plats)
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 pat as authorized in 6-B.2 above;. provided it
.incorporates all changes, modifications, corrections, and conditions
imposed by the Commission and the Council; and provided further, that
if conforms to all requirements of these regulations.
6-D.2 Filing Fees
There shall be an application fee as established by Council resolution
from time to #ime for the filing of the final plats, amending plats and
minor plats.
6-D.3 Time of Filing
Copies of the plat (number as specified. on the .application form),
together with a .film positive thereof, two (2) sets of construction plans
and documents, taxpayment certificates, and a formal application shall
be filed with the city, with the application fee,. at least twenty (20) days
prior to: (1) .the meeting of the Commission at .which it is to be
considered or (2) consideration by the City Engineer and City Planner,
in the -case of minor and amending plats. The plat will not be
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considered unless a preliminary plat has been filed and approved,
except in the case of :dedication of land for a street, park, school site,
or drainage easements.
6-D.4 Form and Content
6-D.4.1 The plat shall be drawn on sheets twenty-four inches
(24") by thirty-six inches (36"), on a scale of one hundred
feet. (100') to one inch (1 "). Where more than one (1)
sheet is required, an index sheet showing the entire
subdivision, and drawn to a scale of not less than five
hundred feet (500'} per inch shall be attached. The
construction plans shall be drawn on twenty-four inch
(24") by thirty-six inch (36") sheets.
6-D.4.2 In addition. to the various requirements of the preliminary
plat, the final, amending or minor plat shall also include
the following, based on field survey and marked by mon-
uments and markers:
6-D.4.2.1 The exact location,. dimensions, name, and
legal. description of all existing or recorded
streets, alleys, reservations, easements, or
other rights-of-way within the subdivision,.
intersecting or :contiguous with the' boundary
or forming such a boundary with accurate.
dimensions, bearings or deflection angles
and radii, area, center angle, degree of
curvature, tangent distance., and length of
all curves, where applicable..
6-D.4.2.2 The exact location, dimensions, description,
and name of all proposed streets, alleys,
drainage structures, parks,: and other public
areas, reservations, easements, or other
rights-of-way, blocks, lots, and other sites
within -the subdivision, with accurate
dimensions,. bearings, or` deflection angles
and radii, areas,. center .angle, degree of
curvature,. 'tangent distance,. and length of
curves, where applicable.
6-D.4.2.3 Lot corner markers and survey monuments
shall be shown clearly by symbol, and
clearly tied. to basic survey: datum.
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6-D.4.2.4 The following certificates, .when applicable,
shall. -appear on the face of the plat: (See
samples in Appendix A attached.)
Certificate of Ownership and Dedication;
Certificate of Surveyor and/or Engineer;
Certificate of City Engineer;
Approval of Commission; and
Certificate of the County Clerk.
6-D.4.3 When filed, the plat shall be accompanied by the
construction documents as prescribed below, in
duplicate, and bearing the seal and signature of a
registered professional engineer. All .shall be in
accordance with city engineering standards.
6-D.4.3.1 Street, alley, and sidewalk plans, profiles,
and sections, with specifications and detail
cost estimates.
6-D.4.3.2 Sanitary sewer plat with two foot (2')
contours, plan and profile lines, showing
depth and grades, with cost estimates.
6-D.4.3.3 Water line plat showing fire .hydrants,
valves, etc., with specifications and a
detailed cosf estimate. This may be
combined with S-D.4.3.2.
6-D.4.3.4 Storm drainage system plat with two foot (2')
contours, street lines, inlets, storm .sewer
and drainage' channels with profiles and
sections., .and showing drainage and runoff
areas, and runoff based on five (5), ten (10),
and twenty-five (25) year rain intensity.
Detail drainage structure design 'and
channel lining design. if used, with
specifications and detain cost estimate.
6-D.4.3.5 Street. lighting plan showing location of
lights, design,' and with specifications and
detail cost estimate.
6-D.4.4 When filed, the final plat shall also be accompanied by
certificates from all taxing agencies. showing. payment of
all ad valorem taxes on the land within the subdivision.
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6-D.5 Processing the Final Plat Amending Plat or Minor Plat
6-D.5.1 When the final plat, together with the accompanying data,
filing fee, and. the application for approval is .received by
.the City Planner, it will be handled in the same manner
and under the .same time schedule as prescribed in
Section 6C above for a preliminary plat.
6-D.5.2 Within thirty (30) days after the final plat is formally filed,
the Commission shall. approve, disapprove, or
conditionally approve such plat.
6-D.5.3 Within twenty (20) days after an amending or minor plat is
formally filed, the City Engineer, or his .designee and the
City Planner,.. or his designee shall approve .such plat or
notify the applicant that consideration of the plat will be
forwarded to the Commission. The Commission shall
approve, disapprove or conditionally approve the plat
within thirty (30) days of the City .Engineer's and City
Planner's .decision and notification to the applicant.
A report shall be .made to the Commission at each
meeting .notifying the Commission of any new minor or
amending plats that _ were approved since the last
Commission meeting.. 'The same report shall be
forwarded to the Council through the Office of the City
Manager.
6-D.5. 4 After conditional approval of a plat, the subdivider-shall
notify the City Engineer within ten (10) days as to the
construction procedure he proposes to follow. He shall
follow one (1) of the following procedures:
6-D.5.4.1 The subdivider may proceed with
construction of streets, alleys, sidewalks,
and utilities .that he is required to install, in
which case the city will inspect the work as
it .progresses, and upon completion .and final
acceptance,.. and upon written request of the
subdivider, the final plan .will be approved
and filed for record with the County Clerk.
The subdivider shall pay' the record filing
fee.
6-D.5.4.2 The subdivider may elect to file a
"guarantee of performance" as provided in
Section 7, in which case the guarantee of
performance shall be filed with the City
Secretary, together with a request that the
.plat be filed for record. in this case, the final
plat will be ..approved and filed with the
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County Clerk. The subdivider shall pay the
record filing. fee. fihe .city will inspect the
construction work as it progresses and will .
make the- final inspection to assure compli-
ance with. city requirements.
6-D.5.5 Upon completion of construction, the subdivider shall
deliver to the city a one (1) year guarantee of
workmanship and materials as provided in Section 7."
V.
This ordinance shall become effective from and after its passage in accordance with
the Charter of the City of College Station.
PASSED, ADOPTED AND APPROVED this day of May, 1996.
APPROVED:
Larry Ringer, Mayor.
ATTEST:
Connie Hooks, City Secretary
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