HomeMy WebLinkAbout03/05/2020 - Agenda Packet - Planning & Zoning CommissionCollege Station, TX
Meeting Agenda
Planning and Zoning Commission
1101 Texas Ave, College Station, TX 77840
The City Council may or may not attend the Planning & Zoning Commission Regular Meeting.
March 5, 2020 6:00 PM City Hall Council Chambers
College Station, TX Page 1
1.Call to Order, Pledge of Allegiance, Consider Absence Request.
2.Hear Visitors.
At this time, the Chairperson will open the floor to visitors wishing to address the Commission on
issues not already scheduled on tonight's agenda. The visitor presentations will be limited to three
minutes in order to accommodate everyone who wishes to address the Commission and to allow
adequate time for completion of the agenda items. The Commission will receive the information, ask
city staff to look into the matter, or will place the matter on a future agenda for discussion. (A
recording is made of the meeting; please give your name and address for the record.)
3.Consent Agenda
All matters listed under the Consent Agenda, are considered routine by the Commission and will be
enacted by one motion. These items include preliminary plans and final plats, where staff has found
compliance with all minimum subdivision regulations. All items approved by Consent are approved
with any and all staff recommendations. Since there will not be separate discussion of these items,
citizens wishing to address the Commission regarding one or more items on the Consent Agenda
may address the Commission at this time as well. If any Commissioner desires to discuss an item on
the Consent Agenda it may be moved to the Regular Agenda for further consideration.
3.1.Consideration, discussion, and possible action to approve meeting minutes.
Attachments:1.February 20 2020
3.2.Presentation, possible action, and discussion regarding a Final Plat for Midtown Reserve Phase
103 on approximately 1.16 acres, generally located at the southwest corner of Town Lake Drive
and McQueeny Drive. Case #FP2020-000005
Sponsors:Rachel Lazo
Attachments:1.Staff Report
2.Vicinity Aerial and Small Area Maps
3.Final Plat
4.Consideration, discussion, and possible action on items removed from the Consent
Agenda by Commission action.
5.Informational
5.1.Discussion of new development applications submitted to the City.
New Development Link: www.cstx.gov/newdev
Planning and Zoning Commission Planning and Zoning Commission
Page 2 March 5, 2020
5.2.Discussion of Minor and Amending Plats approved by Staff.
Final Plat ~ Minor Plat ~ Carter Lake Subdivision Block 2, Lot 8R ~ Case #FP2019-
000032
Final Plat ~ Minor Plat ~ Emerald Ridge Estates Phase II Block 1, Lot 1 ~ Case
#FP2019-000033
Sponsors:Ciarra Greer, Jade Broadnax
5.3.Presentation and discussion regarding the 2019 P&Z Plan of Work.
Sponsors:Alyssa HalleSchramm
Attachments:1.2019 Plan of Work
5.4.Presentation and discussion regarding Engineering updates including the B/CS Unified
Design Guidelines and College Station's Municipal Separate Storm Sewer System (MS4)
Permit.
Sponsors:Erika Bridges
5.5.Presentation and discussion regarding an update from the Texas Department of
Transportation (TxDOT) on the upcoming widening of SH 6 between SH 21 and SH 40.
Sponsors:Doug Marino, Mark Poage
5.6.Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings:
Monday, March 9, 2020 ~ City Council Meeting ~ Council Chambers ~ Workshop 5:00
P.M. & Regular 6:00 P.M. (Liaison Mather)
Thursday, March 19, 2020 ~ P&Z Meeting ~ Council Chambers ~ Special Workshop
4:00 P.M. & Regular 6:00 P.M.
Thursday, March 26, 2020 ~ City Council Meeting ~ Council Chambers ~ Workshop 5:00
P.M. & Regular 6:00 P.M. (Liaison Osborne)
Thursday, April 2, 2020 ~ P&Z Meeting ~ Council Chambers ~ 6:00 P.M.
5.7.Discussion and review regarding the following meetings: Design Review Board, BioCorridor
Board, Comprehensive Plan Evaluation Committee
6.Regular Agenda
6.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Section 3.3 “Zoning Map Amendment
(Rezoning),” Section 4.1 “Establishment of Districts,” Section 5.11 “Single-Family Overlay
Districts.” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and
Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of
College Station, Texas, regarding the Neighborhood Conservation Overlay (NCO). Case
#ORDA2019-000014. (Final action on this item is scheduled for the March 9, 2020 City Council
Meeting- subject to change).
Sponsors:Jade Broadnax
Attachments:1.Memo
Planning and Zoning Commission Planning and Zoning Commission
Page 3 March 5, 2020
2.NCO Document
3. Section 3.3 NCO Redlines
4. Section 4.1 NCO Redlines
5. Section 5.11 NCO Redlines
6. Section 7.2 NCO Redlines
7. Section 8.3 NCO Redlines
6.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending
Appendix “A”, “Unified Development Ordinance,” 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 R Rural to PDD Planned Development District on approximately 7 acres of land generally
located at 14565 and 14575 FM 2154. Case # REZ2019000018 (Note: Final action on this item
is scheduled for the March 26, 2020 City Council meeting - subject to change)
Sponsors:Rachel Lazo
Attachments:1. Staff Report
2.Background Information
3.Vicinity Aerial and Small Area Maps
4.Rezoning Exhibit
5. Applicant Supporting Information
6.Rezoning Map
7.Concept Plan
7. Discussion and possible action on future agenda items.
A Planning & Zoning Member may inquire about a subject for which notice has not been given. A
statement of specific factual information or the recitation of existing policy may be given. Any
deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent
meeting.
8.Adjourn
The Planning and Zoning Commission may adjourn into Executive Session to consider any item listed
on the agenda if a matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue,
College Station, Texas, on February 28, 2020 at 5:00 p.m.
City Secretary
Planning and Zoning Commission Planning and Zoning Commission
Page 4 March 5, 2020
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
readers, or large print are asked to contact the City Secretary’s Office at (979) 7643541, TDD
at 18007352989, or email adaassistance@cstx.gov at least two business days prior to the
meeting so that appropriate arrangements can be made. If the City does not receive
notification at least two business days prior to the meeting, the City will make a reasonable
attempt to provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."Codigo
Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al
aire libre con licencia), personas con licencia bajo del SubCapitulo H, Capitulo
411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta
propiedad portando arma de mano al aire libre.”
February 20, 2020 P&Z Meeting Minutes Page 1 of 8
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting February 20, 2020 6:00 p.m.
CITY HALL COUNCIL CHAMBERS
College Station, Texas
COMMISSIONERS PRESENT: Dennis Christiansen, Jeremy Osborne, Bill Mather, Elizabeth Cunha, Joe Guerra, Paul Gunnels, Bobby Mirza CITY COUNCIL MEMBERS PRESENT: Dennis Maloney CITY STAFF PRESENT: Bryan Woods, Jennifer Prochazka, Carol Cotter, Erika Bridges, Anthony Armstrong, Jason Schubert, Elizabeth Pedersen, Alyssa Halle-Schramm, Laura Gray, Rachel Lazo, Jesse
DiMeolo, Treston Rodriguez, Colin Killian, Carla Robinson, Leslie Whitten, Joshua Packard, and Kristen Hejny
1. Call Meeting to Order and Pledge of Allegiance.
Chairman Christiansen called the meeting to order at 6:00 p.m.
2. Hear Citizens
No citizens spoke. 3. Consent Agenda
3.1 Consideration, discussion and possible action to approve meeting minutes. *February 6, 2020 3.2 Presentation, discussion, and possible action regarding a Final Plat for Midtown Reserve Phase 200 on approximately 11.35 acres generally located at the southwest corner of Town Lake Drive and Rock Prairie Road. Case #FP2019-000016 Commissioner Guerra removed Agenda Item #3.2 from the Consent Agenda for further discussion under agenda item #4.
Commissioner Osborne motioned to approve Consent Agenda Item #3.1. Commissioner Guerra seconded the motion, motion passed (7-0). Regular Agenda
4. Consideration, discussion and possible action on items removed from the Consent Agenda by Commission Action.
Agenda Item #3.2 was pulled from the Consent Agenda for further discussion.
Page 5 of 125
February 20, 2020 P&Z Meeting Minutes Page 2 of 8
Commissioner Guerra asked about the 30 foot wide pavement on Amistad Loop.
Transportation Planning Coordinator Schubert stated that the Midtown project is zoned PDD Planned Development District with a modification, to allow 30 foot wide streets and no required
parking removal. Commissioner Guerra motioned to approve Consent Agenda Item #3.2. Commissioner Osborne seconded the motion, motion passed (7-0).
5. Informational
5.1 Discussion of new development applications submitted to the City.
New Development Link: www.cstx.gov/newdev
There was no discussion.
5.2 Discussion of Minor and Amending Plats approved by Staff.
*Final Plat ~ Minor Plat ~ Carter Lake Subdivision; Block 5, Lots 5-R & 8-R ~ Case #FP2019-000029
*Final Plat ~ Minor Plat ~ Pebble Creek Phase 7-D; Block 39, Lots 72R-2 & 73R ~ Case #FP2020-000002
There was no discussion.
5.3 Presentation and discussion regarding the 2019 P&Z Plan of Work.
Long Range Planning Administrator Halle-Schramm presented updates on the Plan of Work including 10-year Comprehensive Plan Update, the next Comprehensive Plan Evaluation
Committee meeting on April 1st, a public workshop for scenario plans, and City Council dates for the NCO and Impact Fee items to be heard.
Commissioner Cunha asked when the Commission will discuss the 2020 Plan of Work.
Director of Planning & Development Services Prochazka stated that the 2020 Plan of Work will be discussed at a Commission special workshop on March 19th.
5.4 Presentation and discussion regarding the 2019 Citizen Survey.
Public Communications Manager Killian presented the results of the 2019 Citizen Survey to the Commission.
Chairman Christiansen asked how long the City has been performing these surveys.
Mr. Killian responded that these surveys have been regular since 2012, but have also been done in the past.
Page 6 of 125
February 20, 2020 P&Z Meeting Minutes Page 3 of 8
Commissioner Mather asked for the breakdown of how many people responded to the survey, and
how many respondents were students.
Mr. Killian responded that the survey had a total of 1,236 responses, 22% of which were students.
Commissioner Mather asked for the percentage of error within the survey.
Mr. Killian responded that the error percentage is 2.4%.
5.5 Presentation and discussion regarding the P&Z Calendar of Upcoming Meetings:
*Thursday, February 27, 2020 ~ City Council Meeting ~ Council Chambers ~ Workshop 4:00 P.M.
& Regular 6:00 P.M. (Liaison – Cunha) *Friday, February 28, 2020 ~ Joint City Council / P&Z Workshop ~ Larry J. Ringer Library ~ 9:00 A.M.
*Thursday, March 5, 2020 ~ P&Z Meeting ~ Council Chambers ~ 6:00 P.M.
*Thursday, March 19, 2020 ~ City Council Meeting ~ Council Chambers ~ Workshop 4:00 P.M. & Regular 6:00 P.M.
5.6 Discussion and review regarding the following meetings: Design Review Board, BioCorridor Board, Comprehensive Plan Evaluation Committee.
There was general discussion.
6. Regular Agenda
6.1 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Chapter 12, “Unified Development Ordinance,” Section 12.4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district
boundaries from PDD Planned Development District to PDD Planned Development District for approximately 15 acres generally located at the southwest corner of Victoria Avenue and Creek Meadows Boulevard North. Case #REZ2019-000019 (Note: Final action on this item is scheduled
for the March 9, 2020 City Council meeting – subject to change)
Senior Planner Grey presented the Rezoning to the Commission, recommending approval.
Commissioner Guerra expressed his concerns with 40 foot width, and separation between houses.
Director of Planning & Development Services Prochazka stated that the vested development started in the Extraterritorial Jurisdiction, and is not required to meet some specific requirements.
Director of Planning & Development Services Prochazka stated that as related to setback requirements related to fire services, the 5-foot side setback is the minimum setback allowed by the Fire Department and Building Department without firewalls or limited openings.
Page 7 of 125
February 20, 2020 P&Z Meeting Minutes Page 4 of 8
Commissioner Mather expressed concerns with 40 foot lot width, and reduction in rear setback
along Victoria Avenue. Mr. Mather asked for clarification on the Right-of-Way and greenspace area proposed.
Senior Planner Grey stated that a plat has not been submitted for the development, so the ROW
and greenspace areas are not known at this time, but that greenspace is not required by the UDO.
Commissioner Mather asked about the location of the utilities.
Senior Planner Grey stated that the utilities are located in the front yard and down the side yards.
Assistant City Engineer Bridges stated that water and sanitary sewer are provided by College Station Utilities and are located in the front lot, and that BTU also services this area with front lot utility locations.
Applicant, Rabon Metcalf, RME Engineers, College Station, was available to answer questions from the Commission. Mr. Metcalf stated that the right-of-way is 50 feet which is standard city width, side and front yard setbacks are in line with the requirements and current standards in the neighborhood. Mr. Metcalf also explained that the 20 foot setback allows for creation of four parking spaces per residential dwelling unit.
Commissioner Guerra requested that the applicant be open to prohibiting parking on one side of the street.
Mr. Metcalf responded that he could discuss parking removal with the applicant, but this change would take place at final plat, following the construction of the road.
Commissioner Mirza asked if the utility easement is located on the front or front and rear of the
property.
Mr. Metcalf stated that where necessary, utilities would be in the rear of the property and in easements along the front.
Commissioner Gunnels asked for the current street width.
Mr. Metcalf stated that the current road width is 27 feet.
Commissioner Gunnels expressed concern for the 27 foot road width.
Director of Planning & Development Services Prochazka stated that if parking, traffic and public safety become an issue, the City has the opportunity to remove parking in the future.
Chairman Christiansen opened the public hearing.
Mike Scott, 15303 Lowry Meadows, College Station, spoke in opposition of the rezoning citing concerns with the affordable homes and asked how the City verifies affordability.
Director of Planning & Development Services Prochazka stated that affordability is not a permitting requirement and is not regulated by the City.
Page 8 of 125
February 20, 2020 P&Z Meeting Minutes Page 5 of 8
Vonda Morris, 4148 Shallow Creek Loop, College Station, spoke in opposition of the rezoning citing concerns for street width, parking and public safety.
Lahr Lewis, 4106 Shady Brook Pass, College Station, spoke in opposition of the rezoning citing
concerns for parking, public safety, and school traffic patterns. Ms. Lewis asked for the total unit count in the development.
Mr. Metcalf clarified that this hearing is for use only, but stated that the development could contain
roughly 105 units.
Trisha Vongonten, 15321 Lowry Meadow Lane, College Station, spoke in opposition of the rezoning citing concerns for public safety and restricted street parking.
Lorraine Owens, 15307 Lowry Meadow Lane, College Station, spoke in opposition of the rezoning citing concerns with shortening streets and asked questions related to tree removal.
Mr. Metcalf was unable to speak to the trees on the adjacent property at this time.
Chairman Christiansen closed the public hearing.
Commissioner Cunha asked for the street width comparison between townhome and single- family zoning districts.
Director of Planning & Development Services Prochazka stated that this is a local street and will be 27 feet in width. Ms. Prochazka further clarified that street width is not based upon zoning, but
upon street classification.
There was general discussion amongst the Commission.
Commissioner Mather asked if common parking areas are required for either use.
Director of Planning & Development Services Prochazka stated that parking requirements are the same for both townhouse and single-family zoning districts.
Commissioner Cunha inquired on the possibility of parkland dedication.
Senior Planner Grey stated that parkland dedication is vested to the master plan, therefore no parkland is required.
Commissioner Osborne motioned to recommend approval of the Rezoning. Commissioner Mather seconded the motion. There was general discussion amongst the Commission concerning density, affordable housing and parking. Commissioner Guerra advised the applicant to attempt to solve parking problems using UDO options for single-family developments.
Page 9 of 125
February 20, 2020 P&Z Meeting Minutes Page 6 of 8
The motion passed (7-0).
6.2 Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 5.2, “Residential Dimensional Standards,” Section 5.6, “Retired Dimensional Standards,” Section 6.5, “Accessory Uses,” and
section 11.2, “Defined Terms,” relating to impervious cover. Case #ORDA2019-000013. (Note: Final action on this item will be considered at the March 9, 2020 City Council meeting – subject to change.)
Engineering Services & Construction Inspections Manager Armstrong presented the Ordinance Amendment to the Commission, recommending approval.
Commissioner Mather asked how many homebuilders were present at the February 6th Building/Development meeting.
Engineering Services & Construction Inspections Manager Armstrong stated that the meeting included about 40 visitors.
Commissioner Guerra asked for the process if someone wanted to mitigate additional impervious cover.
Engineering Services & Construction Inspections Manager Armstrong stated that once a building permit is submitted, any mitigation would be reviewed by and approved by staff.
Chairman Christiansen opened the public hearing.
Trey Guseman, Park Lane, Bryan, spoke in opposition of the Ordinance Amendment, inquiring about engineering reports for Eastgate and Southside subdivisions, and any empirical data to support the need for the ordinance amendment.
Engineering Services & Construction Inspections Manager Armstrong stated that those particular areas do not have modern features and therefore do not have drainage studies.
Director of Planning & Development Services Prochazka stated that a lot of the information stems
from resident complaints.
City Manager Woods explained that as a larger look, this is a cumulative effect of streets flooding and an attempt at keeping unmitigated increases from going farther. Mr. Woods further clarified that this has a cumulative effect on all lots, on drainage.
Chairman Christiansen opened the public hearing.
Scott Hancock, White’s Creek Lane, College Station, spoke in opposition of the Ordinance Amendment citing disagreement between developers/builders at the February 6th meeting, no evidence of a problem, no studies and no reports.
Chelsie Breaux, 17912 Ranch House Rd, College Station, spoke in opposition of the Ordinance Amendment stating that the amendment needs to be discussed with all stakeholders involved. Ms. Breaux requested a delay be proposed.
Page 10 of 125
February 20, 2020 P&Z Meeting Minutes Page 7 of 8
Kirk Fisher, 9301 Weslayan Court, College Station, spoke in opposition of the Ordinance
Amendment citing concerns with creating traffic congestion, and effects on affordable housing.
Chairman Christiansen closed the public hearing.
Chairman Christiansen asked for the outreach process to notify citizens of the Ordinance
Amendment.
Engineering Services & Construction Inspections Manager Armstrong stated that the amendment was presented at the December builder/developer breakfast, presented to the Commission in
January, presented at the builder/developer breakfast on February 6th, the City’s Public Communication Department used all technological platforms and outreaches including a blog post and two newsletters, as well as being advertised in the Eagle and on TV.
Commissioner Guerra asked about grandfathering for residential lots that currently exceed limits.
Engineering Services & Construction Inspections Manager Armstrong stated that if current lots redevelop they would keep their value.
Commissioner Gunnels asked if staff considers this amendment a good way to handle heavy rain and flash floods.
Engineering Services & Construction Inspections Manager Armstrong responded yes.
Commissioner Cunha asked how projects such as decks would impact an owner.
Engineering Services & Construction Inspections Manager Armstrong explained that this
amendment would create a lot coverage permit which would be evaluated by the building department for compliance.
Commissioner Guerra motioned to recommend approval of the Ordinance Amendment. Commissioner Christiansen seconded the motion. Commissioner Gunnels asked for the amount of time staff has been discussing this amendment.
Engineering Services & Construction Inspections Manager Armstrong stated that staff has been working on this amendment since September 2019. There was general discussion amongst the Commission. The motion passed (4-3) with Commissioners Mather, Guerra and Gunnels voting in opposition.
7. Discussion and possible action on future agenda items – A Planning & Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to
place the subject on an agenda for a subsequent meeting. There was no discussion.
Page 11 of 125
February 20, 2020 P&Z Meeting Minutes Page 8 of 8
8. Adjourn
The meeting adjourned at 8:15 p.m. Approved: Attest: ______________________________ ________________________________
Dennis Christiansen, Chairman Kristen Hejny, Admin Support Specialist Planning & Zoning Commission Planning & Development Services
Page 12 of 125
Planning & Zoning Commission
March 5, 2020
Scale 9 lots and parkland on 1.16 acres
Location Generally located at the southwest corner of Town Lake Drive and
McQueeny Drive.
Property Owner College Station Downtown Residential, LLC
Applicant Schultz Engineering, LLC
Project Manager Rachel Lazo, Senior Planner
rlazo@cstx.gov
Project Overview In April 2017, the subject property was rezoned to PDD Planned
Development District. The original preliminary plan was approved in
November 2018, with a revised preliminary plan approved in July of
2019. This phase of the subdivision and includes 9 Single-Family lots and
0.113 acres of Parkland dedication.
Preliminary Plan Approved July 18, 2019
Public Infrastructure N/A
Parkland Dedication The Parks & Recreation Advisory Board recommended approval of 25.2
acres of Community Parkland and 7.4 acres of Neighborhood Parkland to
be dedicated and developed with the Preliminary Plan. This Final Plat
dedicates 0.113 acres of Community and Neighborhood Parkland. The
developer has opted to construct the Park improvements in lieu of
paying the development fee.
Traffic Impact Analysis TIA for the overall development was provided with the preliminary plan
approved in November of 2018. This plat is in conformance with the TIA.
Compliant with Comprehensive Plan
(including Master Plans) and Unified
Development Ordinance
Yes
Compliant with Subdivision
Regulations
Yes, with the exception of waivers related to Block Length and the
phasing of Parkland Dedication previously approved in November 2018
and July 2019 with the Preliminary Plan.
Staff Recommendation Approval
Supporting Materials
1.Vicinity Map, Aerial, and Small Area Map
2.Final Plat
Final Plat
for
Midtown Reserve Phase 103
FP2020-000005
Page 13 of 125
Page 14 of 125
Page 15 of 125
Page 16 of 125
BLOCK 2
MCQUEENY DRIVE
1211109 16
8
15
PARKLAND E
0.113 ACRES
1413TOWN LAKE DRIVEBLOCK 1
TBPE NO. 12327911 SOUTHWEST PKWY E.College Station, Texas 77840
(979) 764-3900
ENGINEER:
FINAL PLAT
OF THEMIDTOWN RESERVE
SUBDIVISION PHASE 103,
BLOCK 1, LOTS 8-16
INCLUDING PARKLAND E
BEING 1.158 ACRES OF THE
THOMAS CARUTHERS LEAGUE, A-9
COLLEGE STATION, BRAZOS COUNTY, TEXAS
9 LOTS
SURVEYOR:
Brad Kerr, RPLS No. 4502
Kerr Surveying, LLC409 N. Texas Ave.Bryan, TX 77803
(979) 268-3195
JANUARY 2020
OWNER/DEVELOPER:
College Station Downtown
Residential, LLC
1645 Greens Prairie Rd., Unit 204
College Station, Tx 77845(979) 690-7250
LEGEND
LEGEND
10' PUE
20' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
NOT TO SCALE
VICINITY MAP
ROCK PRAIRIE RD BIRD POND RDMEDICAL AVEMETES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEINGSITUATED IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9, COLLEGE STATION, BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 111.679 ACRE TRACT AS DESCRIBEDBY A DEED TO COLLEGE STATION DOWNTOWN RESIDENTIAL, LLC RECORDED IN VOLUME 14405, PAGE 186 OFTHE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A ½ INCH IRON ROD WITH PLASTIC CAP MARKED “KERR 4502” FOUND ON THE SOUTHEASTLINE OF TOWN LAKE DRIVE (83’ R.O.W.) MARKING THE BEGINNING OF A TRANSITION FROM SAID SOUTHEASTLINE WITH THE PLATTED SOUTH LINE OF McQUEENY DRIVE (55’ R.O.W.), MIDTOWN RESERVE SUBDIVISION,PHASE 100, ACCORDING TO THE PLAT RECORDED IN VOLUME 15518, PAGE 139 OF THE OFFICIAL PUBLICRECORDS OF BRAZOS COUNTY, TEXAS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH ASESTABLISHED FROM GPS OBSERVATION.
THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 111.679 ACRE TRACT AND McQUEENY DRIVEFOR THE FOLLOWING CALLS:
N 87° 20' 04" E FOR A DISTANCE OF 34.08 FEET TO A ½ INCH IRON ROD WITH PLASTIC CAP MARKED “KERR4502” FOUND;
S 49° 41' 51" E FOR A DISTANCE OF 2.39 FEET TO A ½ INCH IRON ROD WITH PLASTIC CAP MARKED “KERR4502” FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 227.50FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 51' 51" FOR AN ARC DISTANCE OF 122.55 FEET(CHORD BEARS: S 65° 07' 47" E – 121.07 FEET) TO A ½ INCH IRON ROD WITH PLASTIC CAP MARKED “KERR4502” FOUND MARKING THE END OF SAID CURVE;
S 80° 33' 42" E FOR A DISTANCE OF 195.89 FEET TO A ½ INCH IRON ROD WITH PLASTIC CAP MARKED “KERR4502” FOUND MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 127.50FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 59' 55" FOR AN ARC DISTANCE OF 53.40 FEET(CHORD BEARS: N 87° 26' 20" E – 53.01 FEET) TO A ½ INCH IRON ROD WITH PLASTIC CAP MARKED “KERR4502” FOUND MARKING THE END OF SAID CURVE;
S 61° 33' 41" E FOR A DISTANCE OF 8.60 FEET TO THE NORTHEAST CORNER OF THIS HEREIN DESCRIBEDTRACT;
THENCE: S 09° 26' 18" W THROUGH SAID REMAINDER OF 111.679 ACRE TRACT FOR A DISTANCE OF 142.44FEET TO THE NORTHERLY LINE OF THE REMAINDER OF A CALLED 86.301 ACRE TRACT AS DESCRIBED BY ADEED TO COLLEGE STATION TOWN CENTER, INC. RECORDED IN VOLUME 14290, PAGE 25 OF THE OFFICIALPUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE BEGINNING O A COUNTERCLOCKWISE CURVEHAVING A RADIUS OF 210.00 FEET;
THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 111.679 ACRE TRACT AND SAID REMAINDEROF 86.301 ACRE TRACT FOR THE FOLLOWING CALLS:
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07° 24' 03" FOR AN ARC DISTANCE OF 27.13 FEET(CHORD BEARS: N 68° 22' 22" W – 27.11 FEET) TO THE END OF SAID CURVE;N 72° 04' 24" W FOR A DISTANCEOF 125.34 FEET;
N 80° 33' 42" W FOR A DISTANCE OF 208.59 FEET;
N 42° 25' 58" W FOR A DISTANCE OF 121.71 FEET TO THE SOUTHEAST LINE OF TOWN LAKE DRIVE AND THEWEST CORNER OF THIS HEREIN DESCRIBED TRACT, FOR REFERENCE A 5/8 INCH IRON ROD WITH PLASTICCAP MARKED “EHRA 713-784-4500” FOUND ON THE SOUTHEAST LINE OF TOWN LAKE DRIVE BEARS: S 47°53' 30" W FOR A DISTANCE OF 298.08 FEET;
THENCE: N 47° 53' 30" E ALONG THE SOUTHEAST LINE OF TOWN LAKE DRIVE FOR A DISTANCE OF 32.95 FEETTO A 5/8 INCH IRON ROD WITH PLASTIC CAP MARKED “EHRA 713-784-4500” FOUND MARKING THE BEGINNINGOF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 716.50 FEET;
THENCE: CONTINUING ALONG THE SOUTHEAST LINE OF TOWN LAKE DRIVE AND ALONG SAID CURVETHROUGH A CENTRAL ANGLE OF 03° 31' 31" FOR AN ARC DISTANCE OF 44.08 FEET (CHORD BEARS: N 46° 07' 45"E – 44.08 FEET) TO THE POINT OF BEGINNING CONTAINING 1.158 ACRES OF LAND AS SURVEYED ON THEGROUND.F:\_________19-738 Midtown Reserve Phase 103\FINAL PLAT\Midtown 103.dwg, FINAL PLATPage 17 of 125
Page 1 of 5
2019 Planning & Zoning Commission Plan of Work Comprehensive Plan Items UDO & Comprehensive Plan Annual Review
Summary: Review of adopted UDO amendments and a summary of the implementation of adopted master plans and neighborhood, district, and corridor plans, namely: Southside Area, Wellborn Community, and South Knoll Area
neighborhood plans, and Bicycle, Pedestrian & Greenways, Parks and Recreation, Water, Waste Water, Medical District, and Economic Development master plans.
Project Dates: 11/21/19: P&Z presentation on the UDO &
Comprehensive Plan Annual Review.
12/10/19: City Council presentation on the UDO
& Comprehensive Plan Annual Review.
Staff Assigned: Lauren Hovde Completed: December 10, 2019
10-Year Comprehensive Plan Update
Summary: Begin the first phases of updating the 2009 Comprehensive Plan. This phase will include forming a Comprehensive Plan Evaluation Committee, creating a communications and outreach plan and a public participation plan,
hosting public input work sessions and online activities, conducting informational interviews, creating a public input and stakeholder outreach report and a best practices report, conducting an analysis of the existing land use and transportation situation, building and testing alternative scenarios for land use and transportation, and developing and adopting a final 10-Year Evaluation and Appraisal Report.
Project Dates: 6/4/19: First visit to College Station for Planning Next and the first meeting of the CPEC. 7/8 -7/10 & 8/26-8/28/19: Second and third visits for Planning Next/Kimley-Horn and the second and third meetings of the CPEC. Visits focused
on conducting stakeholder interviews. 9/23-9/25/19: Held four identical Focus on the Future Workshops around the city to receive community input in the Comprehensive Plan update process. 9/26-10/16/19: Focus on the Future Survey available on the Next 10 website. 10/9: Planning staff conducted a come-and-go mapping activity exercise at Texas A&M. 10/30/19: Public and Stakeholder Engagement
Summary Report developed detailing the results from the stakeholder interviews, public workshops, and online survey from over 600 participants. Fourth meeting of the CPEC held to discuss this report and recommend potential areas for scenario planning.
1/29/20: Best Practices Report developed detailing case studies from similar communities. The best practices focus on themes garnered from the public input sessions. Fifth meeting of
the CPEC held to discuss the best practices and scenario planning areas. 4/1/20: A staff-led CPEC meeting to review the public workshop materials. Late April: Host public workshop, branded the Community Choice Workshop. The sixth CPEC
meeting will also be held to recap the workshop and provide a project update. Staff Assigned: Alyssa Halle-Schramm, P&DS staff Anticipated Completion: June 2020
Page 18 of 125
Page 2 of 5
Neighborhood Integrity Items
Single Family Overlays
Summary: Adopt an ordinance amending the City’s Single Family Overlays, including the Neighborhood Conservation Overlay (NCO).
Project Dates: 7/25/19: Discussion with City Council regarding the NCO Overlay District and related standards. 12/5/19: P&Z Workshop presentation on the NCO handbook and ordinance amendment. 12/10/19: City Council presentation on the NCO handbook and ordinance amendment. 3/5/19: Anticipated ordinance amendment regarding the NCO to P&Z Commission. 3/9/19: Anticipated ordinance amendment regarding the NCO to City Council.
Staff Assigned: Jade Broadnax Anticipated Completion: March 9, 2020
Middle Housing Zoning District
Summary: Adopt an ordinance to create a middle housing
zoning district.
Project Dates:
Staff Assigned: TBD Anticipated Completion: Winter 2020
UDO Regulatory Items
Evaluation of UDO Regulations
Summary: Project Dates: Continue the review of UDO requirements that add minimal value as identified by staff and consider opportunities to reduce regulations and streamline processes.
7/18/19: Ordinance amendment regarding the
replatting of non-conforming lots/building plots to
P&Z Commission.
8/8/19: Ordinance amendment regarding the
replatting of non-conforming lots/building plots to
City Council.
1/16/20: Ordinance amendment to P&Z
Commission regarding providing flexibility with
the application of side setbacks in zero lot line
developments.
1/23/20: Ordinance amendment to City Council
regarding providing flexibility with the application
of side setbacks in zero lot line developments.
2/20/20: Ordinance amendment regarding lot
coverage to P&Z Commission.
3/9/20: Ordinance amendment regarding lot
coverage to City Council.
Staff Assigned: P&DS Staff Anticipated Initiation: On-going
Page 19 of 125
Page 3 of 5
Sign Ordinance Revisions
Summary: Review and update the City’s sign ordinance in light of the recent Supreme Court decision regarding sign regulations based upon content.
Project Dates: 8/28/19: Public meeting held to receive input on the City’s draft sign ordinance.
Staff Assigned: Molly Hitchcock, Rachel Lazo & Legal Anticipated Completion: Winter 2020
Off-Street Parking Requirements
Summary: Explore the option of eliminating off-street parking requirements.
Staff Assigned: TBD Anticipated Completion: Winter 2020
Notification Process
Explore increasing the 200-foot notification distance, including an option that varies the
notification based on density (such as using thoroughfare classification area designations).
12/19/19: P&Z Workshop presentation on the 200-foot notification distance.
Staff Assigned: Jade Broadnax Completed: December 19, 2019
On-Going Items
Economic Development Updates
Summary:
Receive regular updates from the Economic Development Department.
Project Dates:
9/5/19: Economic development update presented to P&Z. 3/19/20: Economic Development update scheduled for P&Z meeting
Staff Assigned: Economic Development Anticipated Completion: On-Going
Development Performance Measures
Summary:
Present performance indicators annually. Include pre- and post-application surveys and begin the process of gathering development benchmark data from peer cities.
Project Dates:
12/19/19: P&Z Workshop presentation on the
Planning Performance Measures and Surveys.
Staff Assigned: Alaina Chafin Completed: December 19, 2019
Page 20 of 125
Page 4 of 5
Impact Fees
Summary: Provide a semi-annual update on impact fees, to include impact fee collections and planned projects.
Project Dates: 5/16/19: Semi-Annual update on impact fees (CC). 11/7/19: Semi-Annual Report update on impact fees (CC). 2/28/20: P&Z and City Council special workshop
presentation on a proposed impact fee credit policy.
Staff Assigned: Carol Cotter Anticipated Completion: On-Going
Educational/Informational Items
Regional Mobility Authority and University Drive Improvements
Provide an update on plans for a new Regional Mobility Authority, the potential improvements along University Drive, and a potential TIF for the surrounding area.
11/7/19: Presentation on the Regional Mobility Authority and University Drive improvements.
Assigned: Dennis Christiansen (P&Z) Completed: November 7, 2019
Greens Prairie and Arrington Road Improvements
Provide an update on the plans for improvements
to Greens Prairie Road and Arrington Road.
7/18/19: Presentation on plans for
improvements to Greens Prairie Road and Arrington Road.
Staff Assigned: Jason Schubert Completed: July 18, 2019
Railroad Crossings
Provide an update on staff’s interactions with
Union Pacific to include College Station’s plans for its railroad crossings, future grade separated
crossings, and Union Pacific’s plans long-term plans for double tracking.
6/20/19: Presentation on railroad crossings.
Staff Assigned: Jason Schubert Completed: June 20, 2019
Planning for Alternative Transportation Modes
Provide an educational presentation on what is being done to make the city less auto-dependent and encourage alternative modes of transportation such as walking, bicycling, and transit.
9/19/19: Presentation on the City’s effort for planning for Alternative Transportation Modes.
Staff Assigned: Venessa Garza & Jason
Schubert Completed: September 19, 2019
Page 21 of 125
Page 5 of 5
Engineering Updates
Provide an update on potential updates to the
B/CS Unified Design Guidelines and College Station’s Municipal Separate Storm Sewer System (MS4) Permit.
3/5/19: Engineering update scheduled for P&Z
meeting
Staff Assigned: Erika Bridges Anticipated Completion: Spring 2020
Texas Legislative Update
Provide an update on planning related bills and laws that came out of the 2019 State of Texas legislative session.
10/3/19: Presentation on planning and development related bills that came out of the 2019 State of Texas Legislative Session.
Staff Assigned: Brian Piscacek Completed: October 3, 2019
Roundabout Policy
Provide an educational presentation on the City’s roundabout policy. 8/1/19: Presentation on the City’s roundabout policy.
Staff Assigned: Troy Rother Completed: August 1, 2019
Page 22 of 125
Planning & Development Services 1101 Texas Avenue, PO Box 9960 College Station, TX 77840
Office 979.764.3570 / Fax 979.764.3496
MEMORANDUM
March 5, 2020
TO:Members of the Planning & Zoning Commission
FROM:Jade Broadnax, Staff Planner
SUBJECT:Neighborhood Conservation Overlay Process Handbook and Ordinances
Item:
Public hearing, presentation, discussion, and possible action regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” a. Section 3.3 “Zoning Map Amendment
(Rezoning),” Section 4.1 “Establishment of Districts,” Section 5.11 “Single-Family Overlay
Districts.” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and
Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of
College Station, Texas, regarding the Neighborhood Conservation Overlay (NCO). Case#
ORDA2019-000014. (Final action on this item is scheduled for the March 9, 2020 City Council
Meeting- subject to change).
Summary:
Staff created a Neighborhood Conservation Overlay (NCO) Process Handbook to assist
neighborhoods through the overlay zoning process. The handbook outlines the responsibilities
of both the neighborhood and the City in the process, and includes checklists and templates for
items such as the rezoning petition, neighborhood meeting agendas, and meeting minutes.
As directed by City Council, the proposed NCO ordinance amendments and NCO Process
Handbook were heard by the Planning & Zoning Commission and City Council for feedback
during their respective December 5 and December 10, 2019 meetings. The NCO Process
Handbook influenced various text amendments to the Unified Development Ordinance (UDO)
that must be adopted by Council. The Handbook will serve as a policy guide for citizens and
City staff, and will be available for download from the City website, but will not be adopted by
Council.
Background:
In March 2019, Planning and Development Staff presented potential changes to the
Neighborhood Conservation Overlay (NCO) district in the Unified Development Ordinance
(UDO) to the Planning and Zoning Commission and City Council, including standards and
Page 23 of 125
Planning & Development Services 1101 Texas Avenue, PO Box 9960 College Station, TX 77840
Office 979.764.3570 / Fax 979.764.3496
processes. The Planning and Zoning Commission and City Council reached consensus to move
forward with proposed changes to simplify the NCO rezoning process, including the creation of
a “Handbook for Neighborhoods.”
In July 2019, staff received additional direction from Council concerning specific process
improvements and district changes to the NCO Process Handbook, removal of the
Neighborhood Prevailing Overlay (NPO) district, and changes to UDO language pertaining to
tree preservation, lot coverage, garage requirements, and off-street parking.
In December 2019, Council directed staff to gather additional feedback from neighborhood
groups regarding the Handbook, and to clarify the difference between recommended and
required NCO application elements to readers. Staff also received direction to change UDO
language regarding tree preservation and general provisions.
Supporting Materials:
As proposed:
1. Section 3.3 ‘Zoning Map Amendment’ (Rezoning). Redline
2.Section 4.1 ‘Establishment of Districts’ Redline
3.Section 5.11 ‘Single-Family Overlay Districts’ Redline
4.Section 7.2.D ‘Required Yards (Setbacks)’ Redline
5.Section 8.3.H.2 ‘Platting and Replatting within Older Residential Subdivisions’ Redline
6.Neighborhood Conservation Overlay (NCO) Process Handbook
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1
Neighborhood
Conservation
Overlay (NCO)
Process Handbook
An Application Guide for
College Station Residents
979.764.3570 • CSTX.GOV
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Table of Contents
Overview
Process Overview _______________________________________________3
Inquire
Comprehensive Plan ____________________________________________4
Zoning _________________________________________________________6
Zoning Map ____________________________________________________7
FAQs __________________________________________________________8
Gather Consensus
Application Process ____________________________________________10
NCO Options for Inclusion _______________________________________11
Apply
Application Timeline ____________________________________________14
City Rezoning Process
Verify Support _________________________________________________15
City Council Direction ___________________________________________15
Reference
NCO Rezoning Process Checklist ________________________________16
NCO Application Document Checklist_____________________________17
Neighborhood Meeting Mailed Notice Letter _______________________18
Neighborhood Meeting Flyer _____________________________________19
Neighborhood Meeting Sign-In Sheet _____________________________20
Neighborhood Petition Committee _______________________________21
Neighborhood Meeting One Agenda _____________________________23
Neighborhood Meeting Two Agenda ______________________________24
Neighborhood Meeting Minutes __________________________________25
NCO Petition __________________________________________________26
Appendix _________________________________________________27
Page 26 of 125
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Overview
A Neighborhood Conservation Overlay
(NCO) allows property owners the option
to choose specific, physical restrictions to
conserve the unique character of
their subdivision.
Here’s how you get there.
You Will Need:
Process Overview
Inquire ApplyGatherConsensus VerifySupport
CityCouncilDecision
Result: A rezoning request is heard before the planning and zoning commission for recommendation, and a final decision of adoption or denial is determined by the city council. Both meetings include public hearings that allow for comment.
Total: Estimated 4-9 months from inquiry to final decision, depending on neighborhood interest and size.
Disclaimer: Submitting the
NCO zoning request does
NOT guarantee city council
approval.
Clickable: The timeline
icons to the left concerning
the process overview are
clickable.
Required:
• Volunteer neighborhood Petition Committee and contact information
• 50%+1 of signatures from property owner(s) of each building plot.• One neighborhood hosted meeting and signed minutes
• One city hosted neighborhood meeting• One copy of the original plat of the subdivision• Certificate of mailing neighborhood meeting notice(s)• Completed neighborhood meeting sign-in sheets
Recommended:
• Neighborhood meeting promotion funds
• Three or more neighborhood meetings
• Templates from this handbook
• Neighborhood meeting spaces
• Significant subdivision support
• Computer literacy
• Communication skills
• Time/task management skills
• Research ability
Common Acronyms
NCO: Neighborhood
Conservation Overlay
UDO: Unified Development
Ordinance
P&Z: Planning and Zoning
Commission
SWOT: Strengths,
Weaknesses, Opportunities,
and Threats
PDS: Planning and
Development Services
Neighborhood Process City Process
Page 27 of 125
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Inquire
What is a Comprehensive Plan?
The Comprehensive Plan is the city’s roadmap to plan, anticipate, and guide growth and development over 20 years. The Comprehensive Plan influences plans for infrastructure and density, and includes the Future Land Use and Character Map that visually describes how land uses may be organized within the city.
Generally, the purpose of a Comprehensive Plan is to anticipate growth and to guide that growth in a manner that provides a balance of land uses that promote economic growth while retaining the quality of life. While the Comprehensive Plan influences zoning decisions, it is not a zoning regulation and does not affect existing approved zoning. Instead, it provides the foundation for making changes or developing new regulations that implement an identified vision. The Comprehensive Plan is a living document that is able to be amended through a public hearing process to respond to changes in the community or market, or to address influences unforeseen duringits creation
Inquire ApplyGatherConsensus VerifySupport
CityCouncilDecision
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SH 6 SSH 6 STEXAS AV SFM 2154SH3001.50.75MilesComprehensive Plan - Future Land Use & Character MapETJ City LimitWellborn SuburbanWellborn Restricted SuburbanWellborn EstateWellborn PreserveWellborn CommercialWellborn Business ParkWellborn Estate - OpenWellborn Preserve - OpenWaterRedevelopment AreasUtilitiesNatural Areas - ProtectedTexas A&M UniversityMedical UseNatural Areas - ReservedInstitutional/PublicBusiness ParkSuburban CommercialGeneral CommercialUrban Mixed UseUrbanGeneral SuburbanRestricted SuburbanEstateRuralNeighborhood ConservationThe Planning and Development map includes a Future Land Use - Comprehensive Plan layer for public viewing, and can be found at cstx.gov.Page 29 of 125
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What is Zoning?
Zoning, to put it briefly, is the separationof land uses into different categories.
Zoning is a legislative act that must be adopted by the city council and is used by many cities to control land uses. College Station implements zoning primarily through regulations in the Unified Development Ordinance (UDO) that control the use of private property to promote the general health, safety, and welfare of citizens. Every individual property inside the city limits is assigned a zoning. These regulations can be found in the UDO at cstx.gov.
Article 5 of the UDO provides a brief description of each zoning district and its purpose, but generally speaking, zoning districts fit into one or more of five categories:
1. Residential 2. Commercial 3. Industrial 4. Institutional/Public 5. Parks
College Station has 37 zoning districts. Each district has been designed to protect the character and established pattern of desirable development in each area. Zoning regulations also help prevent or minimize land-use incompatibilities and conflicts among different land uses. While the Comprehensive Plan is a future-oriented, policy guide for the larger community, zoning is a regulation that places immediate restrictions on individual property. Zoning may include restrictions on the number and size of lots, the placement of buildings on lots (setbacks), building height, number of stories, and types of uses that may locate on the property.
College Station has several single-family zoning districts. These can be found in UDO Article 5.
Residential Zoning Districts:
• Rural (R)• Wellborn Estate (WE)• Estate (E)• Wellborn Restricted Suburban (WRS)
• Restricted Suburban (RS)• General Suburban (GS)• Townhouse (T)• Manufactured Home Park (MHP)
External link: Words in
orange and underlined are
external web links.
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SH 6 SSH 6 SFM 2154NCONCO01.50.75MilesZoning MapNAP Natural Areas ProtectedWE Wellborn EstateWC Wellborn CommercialWRS Wellborn Restricted SuburbanR RuralE EstateRS Restricted SuburbanGS General SuburbanD DuplexT TownhouseMF Multi-FamilyMU Mixed-UseMHP Manufactured HomesO OfficeSC Suburban CommercialGC General CommercialCI Commercial IndustrialBP Business ParkBPI Business Park IndustrialC-U College and UniversityP-MUD Planned Mixed-Use DevelopmentPDD Planned Development DistrictNG-1 Core NorthgateNG-2 Transitional NorthgateNG-3 Residential NorthgateWPC Wolf Pen CreekOV Corridor OverlayRDD Redevelopment DistrictKO Krenek Tap OverlayNPO Neighborhood Prevailing OverlayNCO Neighborhood Conservation OverlayC-3 Light CommercialM-1 Light IndustrialM-2 Heavy IndustrialR-1B Single Family ResidentialR-4 Multi-FamilyR-6 High Density Multi-FamilyR&D Research and DevelopmentCity LimitTEXAS AV SHeart of Southside NCOMcCulloch NCOThe Planning and Development map includes a Zoning Map forpublic viewing, and can be found at cstx.gov.Page 31 of 125
8
Frequently Asked
Questions
What Does the City Regulate?
The City of College Station is given the authority to adopt zoning regulations through the Texas Local Government Code. The city may regulate through zoning as long as the regulations are in compliance with an adopted Comprehensive Plan and are designed to:
lessen congestion in the streets;
secure safety from fire, panic, and other dangers;
promote health and the general welfare;
provide adequate light and air;
prevent the overcrowding of land;
avoid undue concentration of population; or
facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.
What is Overlay Zoning?
An overlay zoning district is a special district placed over a base zoning and includes provisions in addition to those required with the base zoning. Creating an overlay zoning district establishes a boundary with additional regulations that apply to the properties within the boundary.
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What is a Neighborhood Conservation
Overlay (NCO)?
The NCO is a single-family overlay zoning district intended to provide additional standards for new construction and redevelopment in established neighborhoods. It is intended to protect and conserve single-family neighborhoods through zoning that is focused on the specific needs of the neighborhood. NCO districts are based on an in-depth study of the existing neighborhood conditions and should be used to protect unique assets and qualities. Conservation districts may be used for neighborhoods that offer a distinct character its residents and the city wish to preserve and protect. It allows neighborhoods to choose from a variety of standards to address neighborhood-specific issues.
What is a Subdivision?
A subdivision is the division of land into a lot, tract or parcel for the purpose of development. An original subdivision is also known as a legally recorded subdivision plat. A plat is a map of a subdivision that is legally recorded in Brazos County, shows the location and boundaries of individual parcels of land subdivided into lots with streets, alleys, easements, etc., and is drawn to scale to meet the requirements of the UDO.
An example can be found in the Appendix.
Clickable: The underlined
text is clickable and will take
you to the corresponding
page in this document.
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Inquire ApplyGatherConsensus VerifySupport
CityCouncilDecision
Gather Consensus
How Do I Apply for an NCO?
The NCO application process requires a dedicated group of residents to embark on an inclusive, neighborhood-led effort to gather a strong consensus among property owners in the original subdivision. Submitting an application for review does not guarantee city council approval. The Unified Development Ordinance (UDO) Article 5.11 includes the NCO application requirements. The NCO Rezoning Process Checklist outlines the required steps to submit an application to Planning and Development Services for review.
ACTION ITEMS:
• Form a neighborhood Petition Committee using the recommended Neighborhood Petition Committee roles outline.
• Mail notices to all property owners within the original subdivision with adequate notice before scheduled neighborhood meetings using the recommended Mailed Notice template.
• In addition to the mailed notice, consider posting door fliers using the recommended Neighborhood Meeting Flyer template.
• Host at least two neighborhood meetings using the recommended Neighborhood Meeting Agenda and required Sign-In Sheet.
• Draft required meeting minutes following each neighborhood meeting using the Meeting Minutes template.
• Draft and distribute the NCO petition to all property owners within the original subdivision using the required Petition template.
• Submit the NCO application within two months from the date of the first petition signature.
HERE ARE THE DOCUMENTS YOU ARE REQUIRED TO
SUBMIT WITH AN OFFICIAL NCO APPLICATION:
• A copy of the original subdivision plat.
• Completed neighborhood meeting minutes signed by a Petition Committee member.
• Completed neighborhood meeting sign-in sheets from each meeting.
• NCO petition signed by 50% +1 of property owners of single-family building plots in the original subdivision in support of the overlay.
• Contact information of all Neighborhood Petition Committee members.
• A list of property owners in the neighborhood to serve on the Neighborhood Petition Committee• Certificate of mailing neighborhood meeting notice for all property owners of single-family zoned or developed building plots contained within the original subdivision.
Clickable: The underlined
text is clickable and will take
you to the corresponding
page in this document.
After your application is
submitted and processed:
The rezoning request will
be scheduled for a planning
and zoning commission
meeting with a presentation
by staff, public hearing,
discussion, and commission
recommendation. Next,
the rezoning request will
be heard at the next city
council meeting with
a presentation by staff,
public hearing, discussion,
and final action by the
city council. Presentations
by the neighborhood
are expected at both
meetings. If approved by
the city council, an overlay
district will be applied to
the subdivision and all
development within the
district shall be subject to
the standards set forth in the
overlay ordinance.
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NCO Options for Inclusion
Listed below are the physical attributes of properties and development that may be regulated through a NCO District. Base zoning district standards apply unless your subdivision chooses one of the following. Choose any number of the following items to include in your subdivision’s NCO petition and rezoning application. Please refer to UDO section 5.11.2.D Neighborhood Conservation Overlay Districts for details.
1. Minimum Front Setback
Select one:
a. Contextual front setbacks in the Required Yards (Setbacks) section of the UDO.
b. Contextual front setbacks in the Single-Family Overlay Districts section of the UDO.
c. Fixed front setbacks may be established but may not be less than the setback of underlying zoning or more than the existing median front yard setback of structures in the district.
2. Minimum Side Street Setback
Select one:
a. Side street setbacks as provided for in Section 5.2 Residential Dimensional Standards.
b. Fixed side street setbacks may be established but may not be less than the side setback of underlying zoning or more than the existing median side street setback of structures in the district.
3. Minimum Lot Size (Area, Width, Depth)
Select one:
a. Lot size (area and width) in the Platting and Replatting in Older Residential Neighborhoods subsection in Article 8, Subdivision Design and Improvements.b. Lot size in Section 5.2 Residential Dimensional Standards.
c. A fixed lot size may be established, but, it may not be less than the lot size required of underlying zoning or more than the existing median size of building plots in the district.
4. Maximum Building Height
Select one:
a. Building height as provided for in Section 5.2 Residential Dimensional Standards.
b. A fixed building height may be established, but it may not be more than the maximum height allowed in the underlying zoning district or less than the median height of all residential structures in the district.
STREET
STREET
STREETSTREET
158 ft. wide
80 ft. deep
Page 35 of 125
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5. Tree PreservationAny existing tree with a minimum of 8 inches in caliper or greater. Preserved trees must be in good form and condition and reasonably free of damage by insects or disease and located outside the buildable area. Any preserved tree(s) must be barricaded and preserved during demolition or construction. A barricade detail must be provided on the site plan. Trees must be barricaded 1 foot per caliper inch radius. Barricades must be in place prior to any development activity on the property including, but not limited to, grading and equipment on site. Choosing this option allows the neighborhood stakeholder committee to exclude specific tree species from preservation requirements.
6. Landscape MaintenanceAny existing canopy and non-canopy trees in good form and condition and reasonably free of damage by insects or disease located within the buildable area removed during construction must be replaced on site caliper for caliper, or as determined by the administrator.
7. Maximum Impervious SurfaceMaximum impervious surface may be limited to any number between the calculated neighborhood median and the maximum, as allowed by the UDO. Impervious surface includes, but is not limited to, all areas covered by buildings, sidewalks, drives, all-weather surfaces, parking, rooftops, patios, decking, masonry, stone, and other alternative pavements.
8. Garage RequirementGarages may be required on properties in the subject neighborhood.
9. Garage Accesschoose one based on the most frequent method of garage access within the subject neighborhood:
a. Front entryb. Side entryc. Rear entry
10. Garage ConnectionSelect one based on the most frequent method of garage connection within the subject neighborhood:
a. Attached to the single-family structureb. Detached from the single-family structure
8”
G G G G
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11. Garage LocationSelect one based on the most frequent location of garages in relation to the primary single-family structure within the subject neighborhood:
a. In front of the single-family structure
b. To the side of the single-family structure
c. To the rear of the single-family structure
12. Garage SizeSelect a minimum one based on the most frequent method of garage connection within the subject neighborhood:
a. One car garage
b. Two car garage
c. Three car garage
13. Off-Street ParkingChoose one or more to pair with maximum lot coverage, garage access, garage connection, or garage location:
a. a minimum off-street parking standard of three spaces per residential unit
b. a maximum number of off-street parking spaces
c. a maximum parking area and location per yard
d. a required driveway width between 12-25 feet
14. Building MaterialsSelect required building materials and set a minimum percentage for the use of those materials for façades facing a right-of-way. Required materials may only include types of building materials used in the subject neighborhood. The rezoning petition should include a listing of all types of materials used in the district as well as the median percentage on building façades facing a right-of-way. The percentage of use of a required material may only be placed on façades facing a right-of-way and may not exceed the median existing percentage of the materials on building façades facing a right-of-way.
15. Fencing Select required materials and maximum height.
60% Brick40% Hardy Plank
GG
G G G
G
GG
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14
START
FINISH
Neighborhood
Duties
City
Duties
NEIGHBORHOODPRESENTATION
NEIGHBORHOODPRESENTATION
Collect and submit all applicationmaterials within two months offirst petition signature
Mailed notices maybe sent that advertisemultiple neighborhoodmeeting dates
PETITION COMMITTEEDRAFTS PETITION
COMMITTEE OBTAIN50% +1 SIGNATURES SUBMIT REZONINGAPPLICATION
REVISE ASNEEDED
AVAILABLE FORQUESTIONS
AVAILABLEFOR QUESTIONS
Compile verification letter results.Presented to P&Z and Council as apercentage of respondents whoare still in support, no longer insupport, or provided no response.
All property owners receivemailed notice and finalmeeting hosted by city
MAILED NOTICESENT TO ALL
VERIFY PETITIONVIA EMAIL
PROVIDE OWNER NAME,ADDRESS, LEGALDESCRIPTION,MAILING ADDRESS
PROCESSAPPLICATION
VERIFICATIONLETTER MAILED
ADVERTISEP&Z AND COUNCILMEETINGS
CITY COUNCILFINAL DECISION
P&Z MEETING
NEIGHBORHOODMEETING CITYHOSTED
Facilitation meeting/initial inquiry
INITIAL INQUIRY
READ NCOHANDBOOK
PRE-MEETING
Coordinate meetingdate/time, space,setup, etc.
Sent to all property ownersin original subdivision withreasonable notice
ONLINE PRESENCE
MAILED NOTICE*
NEIGHBORHOODMEETING ONE
MEETING ONE MINS.DRAFTED ANDSIGNED BY PETITION COMMITTEEMEMBER
NEIGHBORHOODMEETING TWO
MEETING TWO MINS. DRAFTED
Sent to all property ownersin original subdivisionwith reasonable notice
MAILED NOTICE*FOR MEETING TWO
AS NEEDED: ADDITIONAL MAILED NOTICES; NEIGHBORHOOD MEETING, AND MEETING MINUTES
SUBDIVISION EXPENSE
Inquiry
Consensus
Gather
APPLICATION
Verify
Support
Decision
Q
Q
Q
Q
Q
Q *Requiredneighborhoodduty
Apply
ApplyGatherConsensus VerifySupport
CityCouncilDecision
Page 38 of 125
15
Verify Support
After the Petition Committee has submitted all required documents for the NCO rezoning application and Planning and Development Services staff has determined the review is complete, staff will begin the city led portion of the rezoning process. At this stage, staff will schedule a final neighborhood meeting. The city will pay for and send certified mailed notices to all property owners within the original subdivision to ensure that all property owners are notified of the meeting. Staff will discuss the NCO application process with those in attendance at the final neighborhood meeting. Afterward, staff will mail a verification letter to all property owners within the original subdivision asking whether they support or disagree with the petition. Staff will collect verification letter responses from property owners until three weeks before the next available planning and zoning commission meeting. Staff will compile the responses and calculate the percentage of respondents in support and against the petition, as well as the number of non-respondents. These percentages will be presented to the planning and zoning commission and city council during a staff presentation at each meeting. The verification results are not required to meet the threshold of 50% +1 in support of the petition and do not impact the ability for the NCO rezoning request to be heard before the planning and zoning commission or council, but serve as a resource for these governing bodies to make an educated decision to support or deny the rezoning request.
City Council Decision
After verification letter responses are compiled, staff will ensure that the NCO rezoning is placed on the next available agenda for the meetings of the planning and zoning commission and city council. The board hearing process may take up to four weeks in total, but could be extended if either the commission or the council request additional information or defer voting on the petition. During the planning and zoning commission and city council meetings, staff will present the rezoning request from a factual perspective and provide a recommendation of approval or denial. Following the staff presentation, the neighborhood group will have the opportunity to present their case and advocate for the rezoning request through verbal testimony and/or the use of a visual aid. Ultimately the speaker protocol is the commission chair or mayor’s decision. While neighborhood presentations are not required, they are highly encouraged. After the staff and optional neighborhood presentations, the commission and council will open the public comment period when any citizen can speak about the proposed rezoning request. The planning and zoning commission serves as an advisory board that will vote to recommend approval or denial of the rezoning request. The city council is a decision making body that will vote to approve or deny the request. The city council decision is final, and any appeal to the city council decision must be in accordance with the UDO.
InquireApplyGatherConsensus VerifySupport
CityCouncilDecision
InquireApplyGatherConsensusVerifySupport
CityCouncilDecision
Page 39 of 125
16
Reference
NCO Rezoning Process Checklist
Contact Planning and Development Services.
Read / Download the NCO Handbook.
Decide to proceed with the NCO consensus gathering phase.
Determine neighborhood meeting:
Dates
Times
Space / location
Setup requirements
Form an online presence for NCO progress.
Publicize neighborhood meetings in a reasonable and timely manner so that all are notified with proper notice:
REQUIRED: Mail notices to all property owners within the original subdivision before each meeting, OR mail one notice that includes all confirmed meeting dates, times and locations.
Online
Door flyers
Optional: Notify Planning and Development Services of neighborhood meetings. Staff will attend as an educational resource, if invited.
REQUIRED: Hold Neighborhood Meeting One (see Agenda Template).
REQUIRED: Form an official Petition Committee
REQUIRED: Draft Neighborhood Meeting One Minutes.
REQUIRED: Neighborhood Petition Committee member signs Neighborhood Meeting One Minutes.
If you didn’t include Neighborhood Meeting Two information in the first mailed notice, mail notices to all property owners to publicize Meeting Two.
Hold Neighborhood Meeting Two (see Agenda Template).
Draft Neighborhood Meeting Two Minutes.
Neighborhood Petition Committee member signs Neighborhood Meeting Two Minutes.
Optional: Hold additional Neighborhood Meetings as needed.
Petition Committee sends mailed notices.
Draft Additional Neighborhood Meeting Minutes.
Petition Committee member signs additional NeighborhoodMeeting Minutes.
REQUIRED: Draft NCO Petition.
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17
REQUIRED: Collect 50% +1 property owners of building plots signatures.
REQUIRED: Register as a user for eTrakit.
REQUIRED: Submit NCO Rezoning Application. All application fees are waived.
Revise and resubmit NCO Rezoning application documents (as needed).
Attend city-hosted neighborhood meeting.
Reply to verification letter sent by the city.
Attend planning and zoning commission meeting. A neighborhood presentation is expected.
Attend city council meeting. A neighborhood presentation is expected.
HERE ARE THE DOCUMENTS YOU ARE REQUIRED TO SUBMIT
FOR AN OFFICIAL NCO APPLICATION:
A copy of the original plat of the subdivision.
Completed neighborhood meeting minutes signed by a Petition Committee member.
Completed neighborhood meeting sign-in sheets from each meeting.
NCO petition signed by 50% +1 of property owners of single-family building plots in the original subdivision in support of the overlay.
Contact information of all Neighborhood Petition Committee members.
A list of property owners in the neighborhood to serve on the Neighborhood Petition Committee
Certificate of mailing neighborhood meeting notice for all property owners of single-family zoned or developed building plots contained within the original subdivision.
Page 41 of 125
18
Recommended Neighborhood
Mailed Notice Letter
Dear resident,
You are invited to a Neighborhood Meeting to discuss rezoning the
to include a Neighborhood Conservation Overlay
(NCO). The NCO is a single-family overlay zoning district intended to
provide additional standards for new construction and redevelopment in
established neighborhoods. It is intended to protect and conserve single-family
neighborhoods through zoning focused on the specific needs of
the neighborhood.
An NCO allows us, as property owners in the subdivision, to choose from a
variety of standards to address neighborhood-specific issues.
The meeting(s) will take place at:
For additional information regarding this discussion, please contact a
representative listed below.
date
date
date
date
meeting place
meeting place
name phone number or email
meeting place
time
time
time
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19
You’re Invited!
Neighborhood Discussion
Neighborhood Conservation Overlay
meeting place
month, day and time
full street address
name email or phone number
FOR MORE INFORMATION,
PLEASE CONTACT
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20
Required Sign-In Sheet
NEIGHBORHOOD CONSERVATION OVERLAY SIGN-IN
DATE
MEETING #
NAME ADDRESS EMAIL/PHONE SIGNATURE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
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21
Recommended Petition
Committee Team Roles
The Petition Committee is a group of volunteers who help promote the NCO process for a particular neighborhood.
Each suggested role offers a different time commitment to suit the desired level of involvement from each team member. The Petition Committee is responsible for working together to help guide the neighborhood through an open and fair NCO process.
CHAIR(S)
The role of the chair(s) is to manage neighborhood outreach efforts and ensure efficient and inclusive dialogue during the consensus gathering phase. Chairs will prepare the NCO rezoning application and serve as the liaison between the neighborhood and Planning and Development Services. All chairs are authorized to sign meeting minutes. A Petition Committee should consider naming up to four chairs.
Responsibilities
Communicate NCO process to neighborhoodLocate neighborhood meeting spacesAdvertise neighborhood meetings Coordinate neighborhood meeting setup / teardownAttend all neighborhood meetingsLead neighborhood meeting agendaFoster inclusive neighborhood meeting dialogue Sign neighborhood meeting minutes once approvedGather required materials for NCO applicationRegister as an eTrakit user with Planning and Development ServicesSubmit and revise NCO rezoning application through eTrakit
Suggested Qualities and Skills
Good communication and interpersonal skills Time and task management Computer literacy Ability to work well on a team Approachable and considerate of others Open minded, fair and respectful
Time Commitment
Varies, depending on a number of factors including subdivision size, interest, and a number of resident owners
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22
SECRETARY
A Petition Committee should consider naming one secretary. The role of the secretary is to manage the administrative processes of the chair(s) and ensure accurate records are kept.
Responsibilities
Ensure up-to-date records Manage meeting sign-in sheetCirculate meeting agendasRecord meeting minutesPresent meeting minutes at start of each meetingEnsure meeting minutes are signed by a chair.Help ensure 50% + 1 of property owners sign petition for
NCO application
Suggested Qualities and Skills
Well organized and attention to detailGood communication and interpersonal skillsMinute taking experienceGood time keeping
Time Commitment
Varies, depending on a number of factors including subdivision size,
interest, and a number of resident owners
TREASURER
A Petition Committee should consider naming one treasurer. The role of the treasurer is to manage the financial administrative processes related to the NCO consensus gathering phase.
Responsibilities
To coordinate and manage finances related to neighborhood meeting notices, supplies and refreshments, and neighborhood meeting spaces
Qualities and Skills Suggested Well organized and attention to detail Experience with organizational finance management Good communication and interpersonal skills
Time Commitment:
Varies, depending on a number of factors including subdivision size, interest, and a number of resident owners
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23
Neighborhood Meeting One
Recommended Agenda
SUBDIVISION NAME: DATE:
Introduction and SWOT Analysis SUGGESTED TIME:
Introduction (45 minutes)1. Provide sign-in sheet2. Present handbook materials3. Discuss NCO handbook, timeline, and impact4. Discuss impact on property owners
Discussion (45 minutes) 5. Neighborhood SWOT analysis. Identify Strengths, Weaknesses, Opportunities, and Threats.6. Identify neighborhood characteristics to be protected7. Present menu of petition options 8. Determine if neighborhood will proceed with NCO
Administrative (30 minutes)9. Overview Petition Committee positions10. Determine Petition Committee11. Determine future meeting dates
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24
Neighborhood Meeting Two
Recommended Agenda
SUBDIVISION NAME: DATE:
NCO Petition Selection SUGGESTED TIME:
Introduction (15 minutes) 1. Provide sign-in sheet 2. Overview of meeting one 3. Present previous meeting minutes
Discussion (50 minutes) 4. Review NCO options for inclusion 5. Cast anonymous votes on options for inclusion 6. Gather vote results 7. Discuss results 8. Finalize petition options for inclusion
Administrative (10 minutes) 9. Schedule additional meetings, if consensus not reached
Page 48 of 125
25
Meeting Minutes
SUBDIVISION NAME: DATE:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Attest: Print: Sign: , Petition Committee member
Page 49 of 125
26Neighborhood Conservation Overlay Petition DATEFULL LEGAL SUBDIVISION NAME:1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.ADDRESSLEGAL DESCRIPTIONPROPERTY OWNER NAMESIGNATURE DATEBy signing below, I agree that the following additional standards should be required to be met for any development or redevelopment of single-family property, including the expansion of existing structures in my subdivision. I understand that at least 50% + 1 of the total number of single-family zoned or developed building plots in the original subdivision are required to submit the NCO application for consideration. I understand that submitting an application does NOT guarantee NCO approval. The Petition Committe has included language that was copied verbatim from Unified Development Ordinance (UDO) section 5.11.D.2.d “Options for Inclusion.” Page 50 of 125
27
Appendix
How to Find Online Maps and Data
Please follow these instructions to find the Planning and Development map on the City of College Station website. The map includes land use, zoning, subdivision plats, property ownership, and other important information. If you need assistance, call 979.764.3858 to speak to a planning staff member.
1. Open a browser window (Google Chrome, Internet Explorer, Firefox, Bing, Safari).
2. Type cstx.gov directly into the browser search bar to go to the City of College Station website home page.
3. From the home page, click on the Maps & GIS icon seen below to go to the Online Maps page.
4. Click on the Planning and Development Map in the top right corner or click here to visit the Planning and Development Map.
5. Once you are in the Planning and Development Map, click on theLayers icon to view the Layer List. The Layer List must be expanded by clicking the Layer icon on the top right corner of the page, seen below.
6. The Layer List includes helpful information such as land use, zoning, plats, easements, and property ownership, seen below.
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28
Original Subdivision Plat
50% +1 of all building plots within the original subdivision are required to sign the petition to submit an application for a Neighborhood Conservation Overlay to Planning and Development Services for review. The neighborhood is granted one property owner vote per building plot.
The UDO defines a Building Plot as
all of the land within a project, whether one or more lots, developed according to a common plan or design for similar or compatible uses, that may have shared access or parking, and that singularly or in phases is treated as such for site plan review purposes. The determination of the boundaries of a building plot shall be made as the first step in the site plan or project review, unless such determination has previously been made at the time of plat approval. For development not subject to site plan review, the building plot or premises shall be the exterior boundary of any included lots, in the event that the structure sits astride two or more lots. In the event that two or more lots are under single ownership and the structure does not meet the required side yard setback, both lots shall be considered the building plot or premises. Demolished sites located in larger parking lots that may not have previously been considered part of a larger building plot, will be considered part of the plot if access is shared with the site. –
UDO Article 11.2 Defined Terms
An original subdivision is also known as a legally recorded subdivision plat. To locate your subdivision plat, visit the Planning and Development map at cstx.gov and use the Scanned Plats layer available for viewing and download.
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NCO Ordinance Enforcement
The following NCO ordinance options are enforced by Planning and Development Services via Residential Building Permit Review:
• Minimum Front Setback
• Minimum Side Street Setback
• Minimum Lot Size
• Maximum Building Height
• Tree Preservation
• Garage Access
• Garage Connection
• Garage Location
• Off-Street Parking
• Building Materials
• Fencing
The following NCO ordinance option is enforced by Planning and Development Services via Residential Driveway Permit Review:
• Maximum Lot Coverage
The following NCO ordinance option is enforced by Planning and Development Services via Plat Review:
• Minimum Lot Size
The following NCO ordinance options are enforced by Planning and Development Services via Neighborhood reporting:
• Tree Preservation
• Landscape Maintenance
The following NCO ordinance option is enforced by Planning and Development Services and Community Services Code Enforcement via Neighborhood reporting and Building Inspection:
• Landscape Maintenance
Page 53 of 125
Sec. 3.3. - Zoning Map Amendment (Rezoning).
A. Purpose.
To establish and maintain sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular area or in the City generally, or to rezone an area or extend the boundary of an existing zoning district. All amendments shall be in accordance with the Comprehensive Plan as may, from time to time, be amended.
B. Initiation of Amendments.
An amendment to the Official Zoning Map may be initiated by:
1. City Council on its own motion;
Field Code Changed
Page 54 of 125
2. The Planning and Zoning Commission;
3. The Administrator; or
4. The property owner(s).
C. Amendment Application.
A complete application for a zoning map amendment shall be submitted to the Administrator as set forth in the General Approval Procedures Section in Article 3 of this UDO and herein.
As applicable, applicants shall submit the information, documents, and materials set forth in the Traffic Impact Analyses Section in Article 7 of this UDO.
1. Application requests for a Planned Development District (PDD) and Planned Mixed-Use District (P-MUD) shall provide the following additional information:
a. A written statement of the purpose and intent of the proposed development;
b. A list and explanation of the potential land uses permitted; and
c. A Concept Plan as described in Concept Plan Review Section in Article 3 of this UDO.
2. Application requests for a Neighborhood Prevailing Overlay District (NPO) shall provide the following additional information:
a. An original plat of the subdivision; and
b. A petition including dated signatures by fifty (50) percent plus one (1) of current property owners in the neighborhood in support of the overlay; and
c. Contact information for all Neighborhood Association or Homeowners Association committee members.
23. Application requests for a Neighborhood Conservation Overlay District (NCO) shall provide the following additional information in accordance with the Neighborhood Conservation Overlay (NCO) Process Handbook.
:
a. A copy of the original plat of the subdivision;
b. A petition including dated signatures by property owners of at least fifty (50) percent plus one (1) of the total number of single-family zoned or developed building plots contained within the original subdivision property owners in the neighborhood in support of the overlay;
c. Contact information for all Neighborhood Association or Homeowners Association committee members;
d. A list ofContact information for six (6) property owners of platted single-family development in the neighborhood original subdivision to serve on the Neighborhood Conservation Overlay Petition neighborhood stakeholder Ccommittee; and
e. A checklist of the proposed items to be included in the Conservation Study.
e. Certificate of mailing neighborhood meeting notice for all property owners of single-family zoned or developed building plots contained within the original subdivision. Completed neighborhood meeting sign-in sheets; and
f. Completed neighborhood meeting sign-in sheets; and
gh) Neighborhood meeting minutes signed by a Nneighborhood stakeholder. Neighborhood meeting minutes signed by a Petition Committee Member.
Formatted: Normal, Indent: First line: 0.5"
Page 55 of 125
34. Application request for a Historic Preservation Overlay District shall provide the following additional information:
a. An inventory and survey of structures to be included in the rezoning, submitted on a form provided by the Historic Preservation Officer;
b. A current photograph of each property included in the rezoning, and its improvements;
c. Historical photographs, where available; and
d. A completed Designation Report. Upon initiation of the historic designation procedure, the Historic Preservation Officer shall coordinate research to compile a written report regarding the historical, cultural, and architectural significance of the place or area proposed for historic designation at the request of the applicant, but the rezoning application will not be considered complete until the report has been completed. A Designation Report shall include a statement on each of the following to the extent that they apply:
1) A listing of the architectural, archaeological, paleontological, cultural, economic, social, ethnic, political, or historical characteristics upon which the nomination is based;
2) A description of the historical, cultural and architectural significance of the structures and sites;
3) Identification of contributing and noncontributing resources to the proposed district; and
4) A description of the boundaries of the proposed Historic Preservation Overlay District, including subareas and areas where new construction will be prohibited.
D. Approval Process.
1. Preapplication Conference.
Prior to the submission of an application for a Zoning Map Amendment, applicants are encouraged to schedule and attend an optional preapplication conference in accordance with and for the purposes as set forth elsewhere in this UDO for preapplication conferences.
If the Administrator determines that the map amendment request is not in conformity with the Comprehensive Plan, he shall not accept the application for the map amendment, and no further processing shall occur until the map amendment is in conformity.
2. Required Meetings.
a. Neighborhood Meeting.
Prior to the submission of an application for a Zoning Map Amendment for a NPO or NCO Overlay Rezoning, all potential applicants shall request to set up a Neighborhood Meeting with City Staff.
b. Historic Preservation Officer.
Prior to the submission of an application for a Zoning Map Amendment for a Historic Preservation Overlay District rezoning, all potential applicants shall request a Neighborhood Meeting with the Historic Preservation Officer. The purpose of the meeting is to present information about the proposed overlay and explain the process of rezoning to the neighborhood.
3. Review and Report by Administrator.
Formatted: Normal
Page 56 of 125
With the exception of applications for Historic Preservation Overlay Districts, once the application is complete, the Administrator shall review the proposed amendment to the Official Zoning Map in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing.
4. Review and Report by Historic Preservation Officer.
An application for a Historic Preservation Overlay District rezoning shall be reviewed by the Historic Preservation Officer, who shall review the proposed amendment in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and the Historic Preservation Overlay District Section in Article 5, and give a report to the Landmark Commission on the date of the scheduled public hearing.
5. Referral to Landmark Commission.
The Historic Preservation Officer, upon receipt of an application to amend the Official Zoning Map to a Historic Preservation Overlay District, shall refer the same to the Landmark Commission for study, hearing, and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission.
6. Recommendation by Landmark Commission.
The Landmark Commission shall publish, post, and mail public notice in accordance with the General Approval Procedures Section in Article 3 of this UDO. The Landmark Commission shall hold a public hearing and make a recommendation to the Planning and Zoning Commission.
7. Referral to Planning and Zoning Commission.
With the exception of applications for Historic Preservation Overlay Districts, the Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer the same to the Commission for study, hearing, and report. For an application to amend the Official Zoning Map to a Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study, hearing, and report with the report of the Landmark Commission. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council.
8. Recommendation by Planning and Zoning Commission.
The Planning and Zoning Commission shall publish, post, and mail public notice in accordance with the General Approval Procedures Section in Article 3 of this UDO. The Commission shall hold a public hearing and recommend to the City Council such action as the Commission deems proper.
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 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.
Page 57 of 125
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 (¾) 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
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 be 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.
E. Limitation on Reapplication.
If an application for rezoning is denied by the City Council, another application for reclassification of the same property or any portion thereof shall not be considered within a period of one hundred eighty (180) days from the date of denial, unless the Planning and Zoning Commission finds that one (1) of the following factors are applicable:
1. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;
2. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed;
3. A new application is proposed to be submitted that is materially different from the prior application (e.g., proposes new uses or a substantial decrease in proposed densities and intensities); or
4. The final decision on the application was based on a material mistake of fact.
F. Repeal of a Single-Family Overlay District.
Page 58 of 125
A repeal of a single-family overlay district may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. By a petition of including dated signatures by property owners of at least fifty (50) percent plus one (1) of the total number of single-family zoned or developed building plots contained within the original subdivision in support of the overlay.
fifty (50) percent plus one (1) of the property owner(s) in the subject district.
A repeal of a single-family overlay district is considered a rezoning and is subject to the Zoning Map Amendment requirements herein.
(Ord. No. 2012-3449 , Pt. 1(Exh. E), 9-27-2012; Ord. No. 2018-3984 , Pt. 1(Exh. A), 2-8-2018)
Page 59 of 125
Sec. 4.1. - Establishment of Districts.
Residential Zoning Districts
R Rural
WE Wellborn Estate
E Estate
WRS Wellborn Restricted Suburban
RS Restricted Suburban
GS General Suburban
D Duplex
T Townhouse
MF Multi-Family
MU Mixed-Use
MHP Manufactured Home Park
Non-Residential Zoning Districts
NAP Natural Areas Protected
O Office
SC Suburban Commercial
WC Wellborn Commercial
GC General Commercial
CI Commercial Industrial
Page 60 of 125
BP Business Park
BPI Business Park Industrial
CU College and University
Planned Districts
P-MUD Planned Mixed-Use District
PDD Planned Development District
Design Districts
WPC Wolf Pen Creek Development Corridor
Northgate NG-1 Core Northgate
NG-2 Transitional Northgate
NG-3 Residential Northgate
Overlay Districts
OV Corridor Overlay
RDD Redevelopment District
NPO Neighborhood Prevailing Overlay
NCO Neighborhood Conservation Overlay
HP Historic Preservation Overlay
Retired Districts
R-1B Single-Family Residential
R-4 Multi-Family
Page 61 of 125
R-6 High Density Multi-Family
C-3 Light Commercial
R&D Research & Development
M-1 Light Industrial
M-2 Heavy Industrial
For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are hereby divided into the zoning, design, and overlay districts enumerated below. The intensity regulations applicable for such zoning districts are designated in Article 5 and the use regulations are designated in Article 6 of this UDO.
(Ord. No. 2012-3450 , Pt. 1(Exh. B), 9-27-2012; Ord. No. 2013-3521 , Pt. 1(Exh. C), 9-12-2013; Ord. No. 2014-3624 , Pt. 1(Exh. B), 12-18-2014; Ord. No. 2016-3792 , Pt. 1(Exh. B), 7-28-2016; Ord. No. 2018-4001 , Pt. 1(Exh. C), 4-12-2018)
Page 62 of 125
Sec. 5.11. - Single-Family Overlay Districts.
A. Purpose.
Single-Family Overlay Districts are intended to provide additional standards for demolitions, new construction, additions, and redevelopment in established neighborhoods. College Station's older, established neighborhoods provide a unique living environment that contributes to the stability and livability of the City as a whole. These standards are intended to promote development that is compatible with the existing character of the neighborhood and preserve the unique characteristics of College Station's older neighborhoods while balancing the need for the redevelopment of vacant or underutilized property.
The underlying zoning district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underlying use and site restrictions.
B. Applicability.
The Single-Family Overlay Districts may only be applied to neighborhoods zoned and developed for single-family residences.
C. General Provisions.
1. The yard, lot, building height, and open space regulations of the Single-Family Overlay Districts must be read in accordance with the yard, lot, building height and open space regulations in the Residential Dimensional Standards and Required Yards sections of this UDO. In the event of a conflict between the Single-Family Overlay Districts and these sections, the Single-Family Overlay District controls.
2. The City Council may approve a Single-Family Overlay District for an area that contains fewer than thirty (30) single-family structures if the Council determines that for over the boundaries of original subdivisions.
a. The boundary lines are drawn to include blockfaces on both sides of a street, and to the logical edges of the area, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary. Boundary lines that split blockfaces in two (2) should be avoided approving the Single-Family Overlay District will not negatively affect adjacent neighborhoods;
b. Approving the Single-Family Overlay District will not be detrimental to the public health, safety and welfare of other property in the area; and
c. The creation of a Single-Family Overlay District will meet the purpose of this section.
3. An application for a Single Family Overlay District may be accepted by the City for review once a petition is for a Single-Family Overlay District must be signed by property owners of at least fifty (50) percent plus one (1) of the total number of property owners in the proposed district areaoriginal subdivision. of single-family zoned or developed building plots contained within the original subdivision.
4. Single-Family Overlay Districts may not apply to neighborhoods originally platted in the last ten (10) years.
D. Districts.
1. Neighborhood Prevailing Overlay District (NPO).
a. Purpose.
This district is intended to provide standards that preserve single-family neighborhoods by imposing neighborhood-specific yard, lot, and open space regulations that reflect the existing character of
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the neighborhood. The Neighborhood Prevailing Overlay does not prevent construction of new single-family structures or the renovation, remodeling, repair or expansion of existing single-family structures, but, rather, ensures that new single-family structures are compatible with existing single-family structures.
b. Applicability.
The regulations of the Neighborhood Prevailing Overlay apply to all single-family and accessory structures within the district.
c. Standards.
Development shall be subject to the existing median pattern of development on the subject and opposing blockfaces for the following standards:
1) Minimum Front Setback.
Front setback is calculated as the median existing front setback of all residential structures on the subject and opposing blockface.
2) Maximum Front Setback.
The maximum front setback, or build-to line, is no more than ten (10) feet back from the minimum front setback.
3) Minimum Side Street Setback.
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Minimum side street setback is calculated as the median side street setback of all existing residential structures in the district.
4) Minimum Lot Size.
Minimum lot size is calculated as the median building plot size of all existing building plots on the subject and opposing blockface.
5) Building Height.
Building height is calculated as the median building height of all existing residential structures on the subject and opposing blockface.
Building height refers to the vertical distance measured from the finished grade, or the base flood elevation where applicable, and the following points:
a) The average height level between the eaves and ridge line of a gable, hip, or gambrel roof;
b) The highest point of a mansard roof; or
c) The highest point of the coping of a flat roof.
6) Maximum Lot Coverage.
Lot coverage is calculated as the median existing lot coverage on all building plots on the subject and opposing blockface.
Lot coverage includes all structures and impervious cover on a site, including but not limited to, patios, driveways - gravel or paved, accessory structures, and sidewalks
7) Garage Location and Orientation.
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New garages must be placed in relation to the primary residential structure on the lot consistent with the most frequent pattern of placement on the subject and opposing blockface. New garages must also be oriented consistent with the most frequent direction of orientation on the subject and opposing blockface. See graphics in 5.12.D.2 for Garage Location and Orientation.
8) Tree Preservation.
Any existing tree of eight-inch caliper or greater in good form and condition and reasonably free of damage by insects and/or disease located outside of the buildable area are required to be barricaded and preserved. A barricade detail must be provided on the site plan. Trees must be barricaded one (1) foot per caliper inch. Barricades must be in place prior to any development activity on the property including, but not limited to, grading.
9) Landscape Maintenance.
Any existing canopy and non-canopy trees in good form and condition and reasonably free of damage by insects and/or disease located within the buildable area removed during construction must be replaced on site caliper for caliper, or as determined by the Administrator.
1.2. Neighborhood Conservation Overlay Districts (NCO).
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a. Purpose.
The Neighborhood Conservation Overlay District (NCO) is intended to protect and preserve single-family neighborhoods through a district that is focused on the specific needs of the neighborhood. NCO districts are based on in-depth study of the existing neighborhood conditions, and should be used to protect unique assets and qualities of the neighborhood. Conservation districts may be used for neighborhoods that offer a distinct character that its residents and the City wish to preserve and protect. It differs from the Neighborhood Prevailing Overlay in that it allows neighborhoods to choose from a variety of standards to address neighborhood specific issues.
b. Applicability.
The regulations of the Neighborhood Conservation Overlay apply to all single-family and accessory structures within the district.
A neighborhood may not have both a Neighborhood Prevailing Overlay and a Neighborhood Conservation Overlay.
c. General Provisions.
1) The standards set forward in a Neighborhood Conservation Overlay must be based on findings of a Conservation Study conducted by the City of College Station in conjunction with a the neighborhood stakeholder petition committeePetition Committee.
2) The petition neighborhood stakeholder committee may consist of property owners of platted single-family development from the original subdivision. The committee shall consist of at least one member from each subdivision included within the boundaries of the proposed NCO. The committee must be made up of at least fivesix (56) property owners in the neighborhood and the Administrator. and the Administrator. The Conservation Study must include a survey of existing conditions and unique characteristics of the neighborhood and outline the issues that threaten the preservation of those characteristics. The Conservation Study will also set forth the items that may be included in the rezoning ordinance.
d. Options for Inclusion.
In applying for a Neighborhood Conservation District Overlay, the following items may be included for study in the Conservation Study and included as standards in the overlay. All single family development within the district shall be subject to the standards set forth in the rezoning ordinance.
1) Minimum Front Setback.
If minimum front setback is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select one (1) of the following methods of determining minimum front setback based on the findings of the Conservation Study research of the subject neighborhood:
a) Contextual front setbacks as provided for in Required Yards (Setbacks) section of this UDO; or
b) Contextual front setbacks as provided for in the General Provisions of this Single-Family Overlay Districts section of the UDO; or
c) Fixed front setback. A fixed front setback may be established, however, it may not be less than the setback of underlying zoning or more than the existing median front yard setback of structures in the district.
2) Minimum Side Street Setback.
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If minimum side street setback is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select one (1) of the following methods of determining minimum side street setback based on the findings of the Conservation Study research of the subject neighborhood:
a) Contextual side street setbacks as provided for in Section 5.12.C.2 5.11.C.15.2 Residential Dimensional Standards; or
b) Fixed side street setback. A fixed side street setback may be established, however, it may not be less than the side setback of underlying zoning or more than the existing median side street setback of structures in the district.
3) Minimum Lot Size (Area, Width, and Depth).
If minimum lot size is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select one (1) of the following methods of determining the minimum lot size of new lots based on the findings of the Conservation Study research of the subject neighborhood:
a) Lot size (area and width) as provided for in the Platting and Replatting in Older Residential Neighborhoods subsection in Article 8, Subdivision Design and Improvements; or
b) Contextual lot size as provided for in Section 5.12.C.3 5.11.C.15.2 Residential Dimensional Standards; or
c) Fixed lot size. A fixed lot size may be established, however, it may not be less than the lot size required of underlying zoning or more than the existing median size of building plots in the district.
4) Maximum Building Height.
If maximum building height is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select one (1) of the following methods of determining maximum building height based on the findings of the Conservation Study research of the subject neighborhood:
a) Contextual building height as provided for in Section 5.12.C.4 5.11.C.15.2 Residential Dimensional Standards; or
b) Fixed building height. A fixed building height may be established, however, it may not be more than the maximum height allowed in the underlying zoning district or less than the median height of all residential structures in the district.
5) Tree Preservation.
If tree preservation is selected for inclusion, the neighborhood stakeholder petition committeePetition Committee may choose to preserve any existing tree with a minimum of eight-inches in caliper or greater. Preserved trees must be in good form and condition and reasonably free of damage by insects and/or disease, and located outside the buildable area. Any preserved tree(s) must be are required to be barricaded and preserved during demolition and/or construction. A barricade detail must be provided on the site plan. Trees must be barricaded with a one (1) foot per caliper inch radius measured from the tree trunk. Barricades must be in place prior to any development activity on the property including, but not limited to, grading and equipment on site. Choosing this option also allows the neighborhood stakeholder petition committeePetition Committee to exclude specific tree species from preservation requirements.
6) Landscape Maintenance.
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If landscape maintenance is selected for inclusion, any existing canopy and non-canopy trees in good form and condition and reasonably free of damage by insects and/or disease located within the buildable area removed during construction must be replaced on site caliper for caliper, or as determined by the Administrator.
7) Maximum Lot CoverageImpervious Surface.
If maximum lot coverageimpervious surface is selected for inclusion, maximum lot coverage impervious surface may be limited to any number between the calculated neighborhood median is calculated as the median existing lot coverage on all building plots on the subject and opposing blockface and the maximum, as allowed by the UDO.
Lot coverageImpervious surface includes, but is not limited to, all areas covered by buildings, sidewalks, drives, all-weather surfaces, parking, rooftops, patios, decking, masonry, stone, and other alternative pavements. parked structures, driveways – gravel or paved, roads, and sidewalks. and impervious cover on a site, including but not limited to, patios, driveways, accessory structures, and sidewalks
8) Garage
A. Garage Access
If garage access is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may choose one (1) of the following methods of garage access based on the most frequent method of garage access within the subject neighborhood:
a) Front entry; or
b) Side entry; or
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c) Rear entry.
B. 9) Garage Connection.
If garage connection is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select one (1) of the following garage connection types based on the most frequent method of garage connection within the subject neighborhood:
a) Attached to the single-family structure; or
b) Detached from the single-family structure.
C.10) Garage Location.
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If garage location is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select one (1) of the following garage locations based on the most frequent location of garages in relation to the primary single-family structure within the subject neighborhood:
a) In front of the single-family structure; or
b) To the side of the single-family structure; or
c) To the rear of the single-family structure.
D11) Garage Size.
If garage size is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may set a minimum garage size of one (1), two (2), or three (3) car garage per residential unit based on the most frequently occurring garage size within the subject neighborhood.
E) Garage Requirement.
If garage requirement is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may require that a garage be required on properties within the subject neighborhood
911) Off-Street Parking.
If off-street parking is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may choose one (1) or more of the following off-street
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parking options within the subject neighborhoodset a minimum off-street parking standard of three (3) spaces per residential unit, however, it may not only be included without also if including maximum lot coverage, garage access, connection, andor location. in the Conservation Study:.
a) Set a minimum off-street parking standard of three (3) spaces per residential
unit;
b) Set a maximum number of off street parking spaces ;
c) Set a maximum parking area and location per yard;
a)d) Set a required driveway width between 12 and 25 feet.
1012) Building Materials.
If Building Materials is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select required building materials and set a minimum percentage for the use of those materials for façades facing a right-of-way. Required materials may only include types of building materials used in the subject neighborhood. The Conservation Study rezoning petition should include a listing of all types of materials used in the district as well as the median percentage on building façades facing a right-of-way. The percentage of use of a required material may only be placed on façades facing a right-of-way and may not exceed the median existing percentage of the materials on building façades facing a right-of-way.
1311) Fencing.
If Fencing is selected for inclusion, the neighborhood stakeholderpetition committeePetition Committee may select required materials and maximum height.
(Ord. No. 2012-3449 , Pt. 1(Exh. M), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. C), 9-27-2012; Ord. No. 2013-3471 , Pt. 1(Exh. C), 1-10-2013)
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Sec. 7.2. - General Provisions.
A. Health and Environmental Safeguards.
No machine, process, or procedure shall be employed on any property in the City, in which:
1. Emission of smoke, dust, or noxious, toxic or lethal gases are detectable beyond the perimeter of the property;
2. Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property, which are noxious, toxic, radioactive, contain oil or grease, wood, cellulose fibers, hair, feathers, or plastic, or have a pH factor greater than ten (10) or less than five (5);
3. Vibration is discernible beyond the property line; or
4. Noise above the ambient noise level is discernible beyond the property line.
B. Minimum Requirements.
1. No building plot shall have lower or less stringent standards or dimensions than those prescribed for respective zones in this UDO.
2. No building permit or development approval may be issued for a lot that does not meet the minimum lot area requirements of this UDO except as provided for in Article 9, Nonconformities.
3. In the absence of public water or public sewer, no building permit shall be issued until the lot meets all applicable requirements of this UDO and the Texas Department of Health and Environmental Control. A septic system that has been approved by the Brazos County Health Department may be permitted if an exception to sewer service has been granted under Section 11-2 of the City of College Station Code of Ordinances, as amended.
4. Utilities using land or an unoccupied building covering less than one thousand (1,000) square feet of site area shall be exempt from minimum lot area standards.
C. Visibility at Intersections in all Districts.
Within a departure sight triangle as defined by the latest edition of the American Association of State Highway & Transportation Officials' (AASHTO) "A Policy on Geometric Design of Highways and Streets", nothing shall be erected, placed, planted, or allowed to grow in such a manner that would obstruct the drivers' view at intersections. Sight triangles shall apply to street intersections, commercial driveways, and multifamily driveways. Obstacles prohibited include but are not limited to: fences, walls, entry signage, structures, buildings, hedges, etc. However, fences, walls, and/or hedges that do not impair vision from three (3) feet to nine (9) feet above the curb may be permitted with the approval of the City Engineer. Required public use facilities such as fire hydrants, traffic signage, utility structures, etc. are exempted.
D. Required Yards (Setbacks).
1. Purpose and Intent.
a. Setbacks are measured from the property line;
b. On lots with approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley;
c. No structure that is taller than eight (8) feet in height and that has a roof structure that completely or partially blocks the view to the sky shall be located within the required setback area unless specifically allowed herein;
d. No part of a yard or other open space required in connection with any building, building plot, or use for the purpose of complying with this UDO, shall be included for any other building, building plot, or use as part of a yard or open space; and
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e. Where an existing lot was created by an approved plat prior to July 15, 1970 and the property is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map a new (infill) single-family dwelling unit shall use the adjacent lots to determine the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest neighboring units. Areas zoned NPO, Neighborhood Prevailing Overlay District are exempt from this requirement. Setbacks for areas zoned NCO, Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area.
2. Reduction for Public Purpose.
a. When an existing setback is reduced because of a recent or pending conveyance to a federal, state, or local government for a public purpose and the remaining setback is at least fifty (50) percent of the required minimum setback for the district in which it is located, then that remaining setback will be deemed to satisfy the minimum setback standards of this UDO.
b. For the purposes of this subsection, such conveyance shall have occurred within one (1) year immediately proceeding submittal for site plan approval, or be anticipated to occur within one (1) year of site plan approval.
3. Features Allowed Within Required Yards.
The following features may be located within a required yard but may be subject to additional regulations applied herein:
a. Trees, shrubbery, or other landscape features, excluding gazebos or other similar structures that require a building permit;
b. Fences and walls;
c. Driveways;
d. Sidewalks;
e. Utility lines, wires, and associated structures, such as power poles;
f. Mechanical equipment such as air conditioning units, pool pumps, and similar equipment;
g. Uncovered Porches, uncovered steps to building entrances, and uncovered patio decks;
h. Covered Porches that are open on three (3) sides, may extend up to six (6) feet, including eaves, into any required front or side street setback;
i. Openwork fire balconies and fire escapes may extend up to six (6) feet into any required rear setback;
j. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features may extend up to eighteen (18) inches into any required yard;
k. Balconies or decks located more than eight (8) feet from the ground may project up to six (6) feet into the required front yard;
l. Accessory structures that do not require building permits;
m. Bus stops that offer shelter from the elements. Such shelters may be located within a front or side street yard. Shelters may be located within a public right-of-way if a Private Improvement in Public right-of-way permit has been duly issued; and
n. Swimming pools and hot tubs without shelter.
E. More Than One (1) Principal Structure on a Lot or Parcel.
1. In any single-family or duplex residential district, no more than one (1) structure housing a permitted principal use may be erected on a single lot or building plot.
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2. In all other districts, more than one (1) structure housing a permitted principal use may be erected on a building plot. Yard and other requirements herein shall apply to the building plot.
F. Fences/Walls.
Fences of wood, chain-link, or similar material, and less than eight (8) feet in height, and walls of brick, stone, concrete, or similar material, and less than six (6) feet in height, shall not be construed to be structures, nor shall they require a building permit.
G. Building Plot.
1. Building plot refers to all of the land within an area defined by the Administrator that consists of one (1) or more platted lots for a single development. Such determination shall be made at the platting stage or at the time of site plan.
2. In the event that two (2) or more lots are under single ownership and the existing structure does not meet the required yard setback, both lots shall be construed as the building plot.
3. The Administrator shall determine the building plot using the following criteria:
a. Contiguous properties that consist of less than two (2) acres and have one (1) or fewer frontages on a street classified as a collector or higher on the current Thoroughfare Plan will be consolidated and defined as one (1) building plot for the purposes of signage;
b. Contiguous properties that develop according to a common plan or design for similar or compatible uses, which singularly or in phases, is treated as such for site plan review purposes including signage; or
c. Contiguous properties that as determined by the Administrator need to be consolidated for ease of access, reduction of the proliferation of signage along the public right-of-way, or other public health, safety, or general welfare reasons.
H . Low-Density Residential Height Protection .
1 . Purpose .
The purpose of low-density residential height protection is to help mitigate negative visual impacts of higher-density residential and non-residential uses on adjacent, low-density residential uses and districts. This is accomplished by regulating the height of such higher-density residential or any non-residential uses when adjacent to low-density residential uses and districts.
2 . Applicability .
a. This subsection shall apply to all multifamily and nonresidential structures to be constructed or reconstructed in any way that would increase the building height as defined in Section 11.2 Defined Terms of this UDO, on property adjacent to a detached single-family, manufactured home park, or townhouse use or district.
b. Unless otherwise stated in this UDO, the regulations herein shall not apply to any of the following:
1. Structures located in NG, RDD, and P-MUD zoning districts;
2. Utility structures such as elevated water storage tanks and electrical transmission lines;
3. Individual architectural structures such as flagpoles, belfries, cupolas, spires, domes, monuments, chimneys, bulkheads, elevators, or chimney flues; or any other similar structure extending above the roof of any building where such structure does not occupy more than thirty-three (33) percent of the surface area of the roof;
4. Residential radio/television receiving antennas;
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5. When the detached single family, manufactured home park or townhome use on the adjacent tract is nonconforming;
6. When the use on the adjacent tract is agricultural; or
7. Developments designed to be mixed use or that are within areas where it has been identified that redevelopment is appropriate, as shown on the Future Land Use and Character Map of the City's Comprehensive Plan. Such developments at the periphery of the mixed use area or area identified as appropriate for redevelopment shall meet the terms of Low-Density Residential Height Protection, when applicable.
3 . Slope Requirement .
a. Multi-family and non-residential structures shall remain under an imaginary line formed by a 1:2 slope as illustrated by the inclined plane in the graphic below, where 'A' is located at the property line shared with a detached single-family, manufactured home park or townhouse use or district.
When the adjacent lot is one dedicated by plat for detention or open area and is not buildable for a detached single-family house, townhouse, or manufactured home or residential amenity, the measurement shall be taken from the closest property line shared with a buildable detached single-family, townhouse, or manufactured home lot.
b. In addition to the height limitations set forth above in this subsection, the following additional height limitations apply in WC Wellborn Commercial zoning:
1. No building may exceed two (2) stories;
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2. Maximum eave height shall be twenty-four (24) feet;
3. Maximum overall height to peak of roof shall be thirty-five (35) feet;
4. Any structure with an eave height over fifteen (15) feet will be constructed to resemble a two-story facade;
5. Buildings located closest to detached single-family, manufactured home park or townhouse use or district and that are within fifty (50) feet of the property line are limited to one-story in height with an eave maximum of twelve (12) feet; and
6. An eave maximum of fourteen (14) feet in height is permitted when mechanical equipment is housed within a mezzanine.
I. Public Address Systems.
Public Address Systems shall not be audible to an adjacent residential use.
J. Bicycle Facilities .
1. Number Required .
a. For sites subject to the Non-Residential Architectural Standards of this UDO except for Mini-Warehouse/Self-Storage, Industrial and Manufacturing land uses, and property located in the Rural Zoning District. The number of bicycle parking spaces shall be as set forth in the chart below (Figure 1) and in any event no less than two (2) bicycle parking spaces must be provided.
b. Bicycle Parking Requirements: The number of bicycle parking spaces shall be based on the required automobile parking spaces and shall be provided in accordance with the following.
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Fig. 1: Bicycle Parking Standard Chart
c. Notwithstanding the above, in multi-tenant buildings in excess of twenty thousand (20,000) gross square feet, one (1) or more facilities capable of storing eight (8) bicycles shall be provided at a minimum.
d. In MU Mixed-Use districts, bicycle storage facilities shall be provided at a rate [of] one (1) bicycle for every 15,000 square feet of non-residential uses, and one (1) bicycle for every two (2) dwelling units.
e. Refer to the Alternative Parking Plan Section for the potential to substitute additional bicycle facilities for vehicular parking.
2. Placement and Design .
a. Facilities shall be separated from motor vehicle parking to protect both bicycles and vehicles from accidental damage and shall be sufficiently separated from building or other walls, landscaping, or other features to allow for ease and encouragement of use. This separation shall be a minimum of three (3) feet.
b. Bicycle Corrals: In areas with limited sidewalk space and frequent bicycle activity, bicycle parking may be provided in "bike corrals" located in the vehicular parking area adjacent to a curb. Design will be considered as context dictates as approved by the Administrator. Bicycle corrals shall be designed to distinguish and define the parking stall they inhabit for visibility and safety purposes. The corral should be well defined, such as generally surrounded by a painted white box on the pavement with flexible vertical delineators and a
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wheel stop where vehicles in adjacent parking spots might back into the corral. See example image below:
c. Where bicycle facilities are provided for two (2) bicycles, a standard footprint which is at least four feet wide by six feet long shall be used.
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Fig. 2: Examples of Bicycle Parking Footprint and Dimensions
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d. Facilities shall be placed in clearly designated, safe, and convenient locations and such that no primary building entrance is further than one hundred fifty (150) feet from a bicycle facility.
e. Bicycles may be permitted on sidewalks or other paved surfaces provided that the bicycles do not block or interfere with pedestrian or vehicular traffic.
f. Bicycle facilities shall be constructed so as to enable the user to secure a bicycle by locking the frame and one (1) wheel of each bicycle parked therein. Facilities must be easily usable with both U-locks and cable locks and support the bicycle frame at two (2) points. Facilities shall be anchored securely to the ground.
K. Pedestrian Facilities.
1. In SC Suburban Commercial and WC Wellborn Commercial districts, pedestrian connections adjacent to residential areas shall be provided as determined by the Administrator so as to enhance pedestrian, bicycle mobility, and connectivity.
2. In MU Mixed-Use districts, minimum eight (8) foot wide sidewalks shall be provided along all public rights-of-way, streets, and public ways adjacent to and within the development.
3. For sites subject to the Non-Residential Architectural Standards of this UDO except for MU Mixed-Use districts:
a. Public entry façades of retail buildings that exceed 200 feet in horizontal length shall place a minimum ten (10) foot sidewalk along the full frontage of its public entry façade. Tree wells and planter boxes may be placed along this walkway and in a manner that does not obstruct pedestrian movement. Bike parking facilities are allowed in this area. Vehicular parking or cart storage is prohibited. Outside display is allowed but only if it does not
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occupy more than thirty (30) percent of this area and meets the requirements of Outside Storage and Display Section.
b. A site or sites part of a building plot in excess of ten (10) acres shall provide designated connections among primary buildings and pad sites for pedestrian and bicycle traffic. Locations for sidewalks and bicycle parking facilities shall be provided and shown on the site plan. Pedestrian walkways may be incorporated into the landscape strips separating parking areas only if the strip is ten (10) feet in width. Pedestrian walkways shall be a minimum of five (5) feet wide and shall connect public street sidewalks, transit stops, parking areas and other buildings in a design that ensures safe pedestrian use.
c. A site or sites part of a building plot in excess of ten (10) acres shall provide one plaza developed as an integral part of the development and not less than five hundred (500) square feet in area. This area shall not count toward required parking islands or area requirements of a parking concept as described in the Large Parking Lots Section. This area shall incorporate a minimum of three (3) of the following:
1. Seating components
2. Structural or vegetative shading*
3. Water features*
4. Decorative landscape planters*
5. Public Art*
6. Outdoor eating accommodations
7. Hardscape elements at entrances and within the parking area such as decorative pavers, low masonry walls, clock towers, etc.
* These public areas may be located within the parking landscape areas.
(Ord. No. 2012-3449 , Pt. 1(Exh. I), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. E), 9-27-2012; Ord. No. 2012-3458 , Pt. 1(Exh. B), 11-8-2012; Ord. No. 2014-3624 , Pt. 1(Exh. I), 12-18-2014; Ord. No. 2015-3663 , Pt. 1(Exh. D), 5-28-2015; Ord. No. 2016-3792 , Pt. 1(Exh. E), 7-28-2016; Ord. No. 2016-3802 , Pt. 1(Exh. A), 8-25-2016; Ord. No. 2018-3990 , Pt. 1(Exh. A), 2-22-2018; Ord. No. 2018-3999 , Pt. 1(Exh. E), 4-12-2018; Ord. No. 2018-4060 , Pt. 1(Exh. A), 11-19-2018)
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Sec. 8.3. - General Requirements and Minimum Standards of Design for Subdivisions within the City
Limits.
A. Suitability of Lands.
The Commission shall approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public, the site is suitable for platting and development purposes of the kind proposed.
B. Zoning and Other Regulations.
No plat of land within the force and effect of an existing zoning ordinance shall be approved unless it conforms to such zoning and other pertinent regulations.
C. Reserved Strips and Tracts Prohibited.
A plat shall not provide reserved strips or tracts of land. In addition, the effect of phasing of a plat, provision of common area or other land or easement shall not unnecessarily restrict access to land, right-of-way, or easements dedicated or intended to be dedicated to the public by the subject plat or adjacent developments.
D. Technical Standards.
All public infrastructure shall be designed and constructed in accordance with the Bryan/College Station Unified Design Guidelines, Bryan/College Station Unified Technical Specifications, Bryan/College Station Unified Construction Details and all other applicable local, state, and federal requirements. Hereafter, these documents shall be referred to collectively as the "B/CS Unified Design Guidelines." Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only streets, alleys, water, waste water, drainage, and other public infrastructure that comply with these standards for construction.
E. Streets.
1. Streets on the Thoroughfare Plan.
Where a subdivision encompasses or is adjacent to a thoroughfare, as shown on the Thoroughfare Plan of the City, the thoroughfare shall be constructed and included in the subdivision plat to maintain continuity in the approximate location as shown, and of the type indicated.
2. Relation to Adjoining Street System.
a. Where there is an existing street adjacent to or through the area to be subdivided, the necessary street intersections to the existing street shall be constructed.
b. Existing and planned streets and Public Ways in adjacent or adjoining areas shall be continued in alignment therewith.
c. When land is subdivided into larger parcels rather than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivisions.
3. Street Projections.
a. When a public street is provided internal to the platting property and adjoining areas are not platted, the platting subdivision shall provide street projections to such areas by projecting a public street at intervals no fewer than the maximum block length along the perimeter boundary of the subdivision.
b. Where abutting properties are landlocked, a street connection or street frontage shall be provided through the platting property.
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c. In lieu of a public street, a Public Way may satisfy a required street projection when the Public Way is projected to future non-residential or multi-family development and can be continued through that development to a public street.
4. Adequate Street Access.
a. One (1) external street connection is required for a street serving as roadway access for thirty (30) or fewer lots.
b. When there are more than thirty (30) lots to be served by external street connections, a minimum of two (2) street connections to external paved public streets shall be required. The Commission may allow a Remote Emergency Access where development phasing or constraints of the land prevent the provision of a second street connection. Notwithstanding the foregoing, two (2) street connections to external paved public streets shall be required when one hundred (100) or more lots are served.
c. Three (3) street connections to external paved public streets may be required by the Commission when two hundred (200) or more lots are served.
d. Where more than one (1) external street connection is required, at least one (1) external street connection shall not be located over a potential hazard such as a high-pressure gas line or a creek where the one hundred-year floodplain overtops the street, regardless of its classification.
5. Intersections.
In addition to the B/CS Unified Design Guidelines, proposed street and alley intersections shall meet the minimum spacing and requirements of the Access Management and Circulation section in Article 7 General Development Standards of this UDO.
6. Dead-End Streets.
Dead-end streets shall be prohibited except short stubs to permit future extension. Temporary turnarounds shall be required for stubs in length of more than one hundred (100) feet or the depth of one (1) lot, whichever is less.
7. Culs-de-Sac.
a. The maximum length of a cul-de-sac is based on the designation on the Thoroughfare Plan Functional Classification and Context Class Map in the adopted Comprehensive Plan in which the cul-de-sac is located. The length of a cul-de-sac is measured along the centerline of the cul-de-sac street from the center of the bulb to the edge of the nearest intersecting through street right-of-way. Culs-de-sac shall not exceed the following lengths:
1) Four hundred fifty (450) feet in General Urban Context Zones;
2) One thousand two hundred (1,200) feet in Suburban Context Zones; and
3) One thousand five hundred (1,500) feet in Rural Context Zones.
b. Culs-de-sac are not permitted in the Urban Core Context Zones unless the proposed subdivision is surrounded by platted property and where a through street is not possible.
c. Regardless of length, culs-de-sac shall have no more than thirty (30) lots.
8. Geometric Standards, Street Design Criteria.
a. Streets and alleys shall be designed and constructed in accordance with the B/CS Unified Design Guidelines.
b. Rural Residential subdivision streets may be constructed to either rural street standards or urban curb and gutter standards except that thoroughfares that continue beyond the boundary of a Rural Residential subdivision to an urban one shall be constructed to urban curb and gutter standards.
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9. Existing Substandard Street Right-of-Way.
a. Whenever an existing right-of-way is within or adjacent to a proposed subdivision and such right-of-way width is substandard, the additional width for the street shall be dedicated. For development occurring on only one (1) side of such a roadway, the amount dedicated shall generally equal one-half (½) of the deficiency in width based on the classification and type of street, as measured from the existing centerline of the right-of-way. If the parcel(s) on the opposite side of the right-of-way previously dedicated a portion, the proposed plat shall dedicate the remaining width. If the opposite side of the right-of-way has a permanent constraint such as a railroad right-of-way or conservation easement, the full width of the deficiency may be required.
b. The Administrator may reduce, increase, or eliminate the amount of right-of-way dedication based on design considerations, existing land uses, existing development on adjacent properties, and dimensions of the proposed subdivision or plat.
c. Notwithstanding the foregoing, additional right-of-way dedication is not required for Amending Plats.
10. Street Names and Addresses.
a. Proposed streets that are extensions of existing streets shall bear the name of the existing street, unless otherwise recommended by the Administrator.
b. New streets shall be named to prevent conflict or confusion with identical or similar names in the City, Brazos County 911 district, or the City's Extraterritorial Jurisdiction (ETJ).
c. Streets shall not be named after any living person.
d. A proposed street name may be disapproved if it too closely approximates phonetically the name of an existing street, is too difficult to pronounce, or carries undesirable meanings or connotations.
e. Street addresses shall be assigned by the Administrator.
F. Alleys.
1. Alleys may be required at the rear of all lots intended to be used for business purposes and residential lots fronting a thoroughfare.
2. Alleys shall generally be parallel to the street that the lot it serves fronts.
3. Where two (2) alleys intersect, or where an alley turns, additional width may be required to allow turning of vehicles or guying of utility poles.
4. Dead-end alleys shall not be permitted, except where the alley is one hundred (100) feet or less in length or the width of one (1) lot, whichever is less.
5. Residential lots served by an alley shall only have driveway access via the alley.
6. Public alleys are prohibited in Rural Residential subdivisions.
7. Private alleys shall be constructed to public alley standards except that it shall be located within a common area or private access easement. The City reserves the right to not provide sanitation and fire service along private alleys.
G. Blocks.
1. Blocks for single-family, duplex, and townhouse lots shall be platted to provide two (2) tiers of lots with a utility easement or alley between them. A single tier of lots may be used if the lots back up to a thoroughfare, railroad, or floodplain.
2. In order to provide a public street network that is complimentary to the Thoroughfare Plan and that ensures uniform access and circulation to areas intended for similar land use contexts, block length shall not exceed the following dimensions based on the designation on the
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Thoroughfare Plan Functional Classification and Context Class Map in the adopted Comprehensive Plan along which the block is located:
a. Six hundred sixty (660) feet in Urban Core Context Zones;
b. Nine hundred (900) feet in General Urban Context Zones;
c. One thousand two hundred (1,200) feet in Suburban Context Zones; and
d. One thousand five hundred (1,500) feet in Rural Context Zones.
3. If a plat is not bounded by a public through street or other qualifying break to block length then the block length measurement shall continue to extend each way beyond the plat along the public through street until the nearest intersecting through street or qualifying break to the block is reached.
4. Reserved.
5. In lieu of a public street, non-residential and multi-family developments may opt to construct a Public Way to satisfy block length requirements when the Public Way connects two (2) public streets. The plat shall dedicate a public access easement that covers the entire width of the private drive and sidewalks for the Public Way. The private drive and sidewalks may be constructed with the development of the property. A Public Way shall not substitute for a thoroughfare identified on the City's Thoroughfare Plan.
6. Block length shall not require a new street, Public Way, or Access Way to enter the face of a block when:
a. The surrounding area of the block is subdivided so that a through movement is not possible or a new block cannot be created.
b. The development is zoned for single family uses and is being platted through a Development Plat or Minor Plat.
H. Lots.
1. General Requirements.
a. Lots shall be identified in numerical order within a block.
b. Lot size and setback lines shall be in accordance with the applicable zoning requirements.
c. Lots established for special purposes such as common area, open space, parkland, floodplain, drainage, utilities, or other similar facilities shall be uniquely named and are not required to meet the minimum dimensional standards for the applicable zoning district.
d. Side lot lines shall be substantially right angle to straight right-of-way or radial to the curved right-of-way.
e. Land located within the FEMA designated floodway shall not be included within a lot intended for residential occupancy.
f. Lots shall be laid out so as not to cross municipal, county, school district, or utility service area boundaries.
g. A subdivision shall not cause an existing structure to encroach into the setback of a proposed lot line.
h. Single-family, duplex, and townhouse lots shall have frontage on a public street or a private street constructed to public standard. Lots intended for other uses that do not have frontage on a public street shall provide access via a Public Way or a private access easement containing a drive that meets City fire lane standards. The construction of the private drive may be delayed until the time of site development.
i. No single-family dwelling, townhouse, or duplex lot shall have direct access to an arterial or collector thoroughfare; however, these lots may face toward a thoroughfare if driveway
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access is provided via a public alley. Notwithstanding the foregoing, single-family detached lots that are at least one hundred (100) feet in width may have direct access with the recommendation of the Administrator and approval of the Commission. Access restrictions and determinations shall be noted on the plat.
2. Platting and Replatting within Older Residential Subdivisions.
a. This section applies to a subdivision in which any portion of the proposed subdivision meets all of the following criteria:
1) Such portion of the subdivision is currently zoned or developed for single-family detached residential uses as of January 1, 2002 with the exception of NG-1, NG-2, NG-3, NPO, and NCO zoning districts;
2) Such portion of the subdivision is part of a lot or building plot that was located within the City limits when it was created on or prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970 but where the original plat predates July 15, 1970; and,
3) Such portion of the subdivision is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map.
b. In addition to the other provisions of this UDO, no plat or replat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision which meets the above criteria may be approved unless:
1) The plat does not create an additional lot or building plot; or
2) For a proposed plat which does create an additional lot or lots, the lot(s) must meet or exceed the average width of the lots along the street frontage for all of the lots in the block, including the subject lot(s)and contain at least eight thousand five hundred (8,500) square feet of space for each dwelling unit.
For the purpose of determining the average lot width, a lot shall be defined to include the lot, lots and/or portions of lots that have been combined and used as a residential plot or building plot, as of July 15, 1970. The Administrator may include the lots on the opposing blockface when calculating the average lot width if the lots are similar in character and the Administrator may exclude lots to the rear when said lots are part of another subdivision or dissimilar in character.
c. It is the applicant's responsibility to provide documentation during the application process regarding the original plat in which the lot was created and/or the configuration and ownership documentation of the properties since July 15, 1970.
3. Zero Lot Line Development.
The following requirements apply to all proposed subdivisions with single-family residential lot line construction.
a. Description.
Zero lot line developments require planning for all house locations to be done at the same time. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots.
b. Setbacks.
The side building setback shall be zero on one (1) side of the house. This reduction does not apply to the street side setback or to the interior side setback adjacent to lots that are not part of the zero lot line portion of the plat. The minimum distance between all buildings within the lot line development must be fifteen (15) feet.
c. Eaves.
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Eaves may project a maximum of eighteen (18) inches, excluding non-combustible gutters, over the adjacent property line.
d. Maintenance Easement.
A maintenance easement shall be dedicated between the two (2) property owners to allow for maintenance or repair of the house built on the lot line. The easement shall be unobstructed, located on the adjacent property abutting the side wall and must be a minimum of seven and one-half (7.5) feet in width. Required maintenance easements shall be shown on the recorded plat.
e. Privacy.
Windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. All materials within three (3) feet of the property line shall be fire-rated to meet building code requirements.
4. Cluster Development.
a. General Purpose.
A cluster development is intended to provide open space, preserve unique environmental features, or protect the character of rural areas. It is a residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, base zoning district, but in which the overall density of all the lots collectively do not exceed the maximum density limit for the underlying zoning district. Through the cluster development option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the zoning district, though the individual lots within the development can be smaller than required in a conventional subdivision. The average lot size in a cluster development must be less than the minimum lot size of the base zoning district. Smaller lot sizes within a cluster development are required to be offset by the provision of open space as set forth below.
b. Conflict with Other Regulations.
If there is a conflict between the cluster development standards of this Section and any other requirement of this UDO, the standards of this Section control. Where no conflict exists, a cluster development is subject to all other applicable requirements of this UDO.
c. Where Allowed.
Cluster developments are allowed in residential WE Wellborn Estate, E Estate, RS Restricted Suburban, WRS Wellborn Restricted Suburban, and GS General Suburban zoning districts.
d. Approval Procedure.
Cluster Developments are subject to the subdivision procedures set forth in this UDO. A note shall be provided on the plat that states the subdivision is a cluster development with additional descriptions as necessary.
e. Specific District Standards.
1. Wellborn Estate -
a. Lot Size . The minimum lot size is one (1) acre as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over one acre and lot widths of one hundred (100) feet may use rural character roads.
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b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet.
2. Estate -
a. Lot Size . The minimum average lot size is twenty thousand (20,000) square feet with an absolute minimum lot size of ten thousand (10,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over twenty thousand (20,000) square feet and lot widths of one hundred (100) feet may use rural character roads. Subdivisions containing any lots below twenty thousand (20,000) square feet must use urban street standards.
b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet.
c. In the Wellborn Community Plan area, the cluster option may be used only in the area designated Wellborn Preserve-Open on the Comprehensive Plan Land Use and Character Map.
3. Wellborn Restricted Suburban
a. Lot Size . The minimum average lot size is eight thousand (8,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development.
b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet.
4. Restricted Suburban -
a. Lot Size . The minimum average lot size is eight thousand (8,000) square feet with an absolute minimum lot size of six thousand five hundred (6,500) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development.
b. Setbacks and Building Separations . The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet.
5. General Suburban -
a. Lot Size . The minimum lot size is three thousand seven hundred fifty (3,750) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development.
b. Setbacks and Building Separations .
The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet.
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c. In the Wellborn Community Plan area as designated on the Comprehensive Plan Future Land Use and Character Map, the cluster option is not permitted.
f. Open Space.
1. Description of Open Space.
Any parcel or parcels of land or an area of water, or a combination of land and water within a development site provided and made legally available for the use and enjoyment of all residents of a proposed project. Open space may include amenities such as private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as a neighborhood amenity. Areas encumbered by right-of-way, easements, or utilized as parking may not be counted towards the Open space requirements. Open spaces must be privately owned and maintained by a Home Owners Association (HOA).
Common open space must be set aside and designated as an area where no development will occur, other than project-related recreational amenities or passive open space areas. The Commission may require that up to fifty (50) percent of required common open space be useable recreational space, if deemed necessary by the Commission to ensure adequate recreational amenities for residents of the development.
2. Common Open Space Required for Cluster Developments.
a. Minimum Requirement.
1. Common open space is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning district.
2. Common open space must be provided in an amount of at least ten (10) percent of the gross area of the development, or fifteen (15) percent of the gross area if the development is located in a Growth Area.
3. All proposed lots shall have direct access to the common open space, via access easement, sidewalk, or street. Common open space may be located at the rear of lots only when the space is designed for active recreation or a design concept is submitted to staff for approval. Examples of active recreation areas may include amenities such as sports fields, hike or bike trails, parks, amenity centers, and golf courses.
4. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The required common open space must be arranged to provide at least thirty (30) percent of the space in at least one (1) contiguous area. The minimum dimensions of such space must be twenty-five (25) feet by twenty-five (25) feet. The remaining required common usable open space may be distributed throughout the building site and need not be in one (1) such area; provided, however, no area containing less than one thousand (1,000) square feet will be considered common usable open space.
5. The minimum common open space area must be at least equal to the difference between:
a. The actual, average lot area per dwelling unit within the cluster development; and
b. The required lot area per dwelling unit for conventional development within the underlying base zoning district.
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6. The common open space requirement shall not be credited toward the parkland dedication requirements specified in the City subdivision ordinance.
I. Easements.
1. Drainage Easements and Rights-of-Way.
a. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, a drainage easement or right-of-way may be required in accordance with the B/CS Unified Design Guidelines.
b. No construction, including fences, shall impede, constrict, or block the flow of water.
c. A drainage easement or right-of-way shall not be considered a part of the lot area for purposes of minimum lot size requirements of this UDO.
d. When feasible, utilities may be located within drainage easements and rights-of-way. Likewise, enclosed storm drains may be contained in utility easements. In such instances, the utility easement width must be adequate to provide space for storm drains, utilities, and maintenance access.
2. Utility Easements.
a. Minimum Utility Easements.
1) General Subdivisions.
Except as expressly provided for otherwise in this UDO, each block that does not contain an alley shall have a utility easement at the rear of all lots. The rear utility easements shall be twenty (20) feet in width, taken ten (10) feet from each lot where the rear of the lots abut each other, and shall be continuous for the entire length of a block. These easements shall be parallel as closely as possible to the street line frontage of the block.
2) Rural Residential Subdivisions.
For Rural Residential subdivisions, utility easements not less than sixteen (16) feet in width shall be provided along the front of all lots on each side of a street. Where the front easement is impractical on one (1) side of the street, a utility easement no less than twenty (20) feet in width shall be provided on the other side of the street as determined by the City. Additionally, utility easements ten (10) feet in width shall be required along the side and rear of all lots.
b. Additional Utility Easements.
Additional utility easements or additional easement width other than as described above may be required by the City Engineer or B/CS Unified Design Guidelines based on the number, size, configuration or depth of existing, proposed or anticipated utilities. Where the proposed subdivision adjoins an unplatted area or future phase of the subdivision, the City Engineer may require twenty-foot width of easement along the rear of lots adjoining the unplatted area and/or an additional ten (10) feet in width along the boundary of the subdivision or subdivision phase.
c. Improvements in Easements.
Buildings, signs, masonry walls, and other vertical structures that require a building permit are not permitted within utility easements. Landowners may place a fence in utility easements if unlocked gates are provided to allow free movement of excavating machines, maintenance equipment, and personnel throughout the full length of the easement.
3. Access Easements.
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a. A private access easement shall be required to provide access to property that does not have direct frontage to a public right-of-way or a Public Way. Private access easements may also be required when shared driveway access is necessary to meet driveway spacing requirements along a public street or Public Way. Driveways in required private access easements shall be constructed to City fire lane standards and their installation may be delayed until the time of site development. When private access easements are provided, construction and maintenance responsibilities shall be assigned and noted on the plat or the recorded volume and page of the access instrument shall be referenced on the plat.
b. A public access easement shall be provided for a Public Way, for public sidewalks on private property, and when serving as an Access Way. Fences, gates, parking, or other obstructions that restrict or block access are prohibited.
4. Off-Site Easements.
All easements outside the boundaries of a plat that are necessary for the installation of public infrastructure to serve the subdivision or development plat shall be acquired by the applicant and conveyed by an instrument approved by the City Attorney.
5. Non-Public Easements.
Except as set forth herein, dedication of rights-of-way, easements, and public infrastructure shall not be encumbered by private easements that have pre-existing rights. Minor crossings are allowed.
J. Access Ways.
1. Existing and planned Access Ways in adjacent or adjoining areas shall be continued in alignment therewith.
2. In Blockfaces over nine hundred (900) feet in length, an Access Way shall extend across the width of the block near the center of the block.
3. To provide additional pedestrian and bicycle circulation, an Access Way shall be required on a cul-de-sac street to connect to existing or planned facilities in the vicinity such as schools, parks, transit stops, and multi-use paths.
4. An Access Way may be required to provide additional pedestrian and bicycle circulation within a subdivision, between subdivisions, between culs-de-sac, or to provide access to schools, parks, shopping centers, multi-use paths, transportation, and other community facilities in the vicinity.
5. If an Access Way is greater than three hundred (300) feet in length then an additional access point to the Access Way shall be provided.
K. Sidewalks .
1. Policy .
Sidewalks should be located and constructed so as to provide a safe and effective means of transportation for non-vehicular traffic.
2. Required Sidewalks .
a. Sidewalks shall be required on both sides of all streets except as follows or as provided elsewhere in this UDO.
b. Where a multi-use path is shown along a street on the Bicycle, Pedestrian, and Greenways Master Plan, the sidewalk may be incorporated as part of the multi-use path.
3. Sidewalk Exceptions .
Sidewalks are not required:
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a. Around the bulb of a cul-de-sac unless an access way is provided through the cul-de-sac;
b. Along a street classified on the thoroughfare plan as a freeway/expressway;
c. Along streets identified on the thoroughfare plan with an estate/rural context;
d. Along new or existing streets within a Rural Residential subdivision constructed to the rural section; or
e. Along existing local/residential streets unless sidewalks have been identified in the Bicycle, Pedestrian, and Greenways Master Plan or in the applicable neighborhood, district, or corridor plan.
4. Standards .
Sidewalks shall be constructed in accordance with the following criteria:
a. The B/CS Unified Design Guidelines and all applicable state and federal requirements;
b. Consistent with the minimum standards necessary to meet the projected non-vehicular traffic demand in the area;
c. Sidewalks shall maintain a minimum clear width as set forth in the B/CS Unified Design Guidelines ; and
d. All sidewalks shall terminate into streets or driveways with ambulatory ramps.
5. Timing of Construction .
Except as set forth below, all required sidewalks must be constructed concurrently with the street, or if the street is already constructed prior to acceptance of all public improvements.
a. Residential Subdivisions .
At the time of final plat application, the subdivider may opt to defer the construction of sidewalks on residential streets along single-family, duplex, or townhouse lots for up to one (1) year from approval of the final plat when the subdivider provides a bond or surety in accordance with Section 8.7 Construction, Guarantee of Performance, and Acceptance of Public Infrastructure. The subdivider shall provide a sidewalk plan with the final plat construction documents and installation of the sidewalks shall comply with this plan. Notwithstanding the foregoing, this provision does not allow the deferment of the construction of sidewalks along thoroughfares, sidewalk ramps at all street intersections, and sidewalks along residential streets that are not adjacent to a residential lot such as along a common area, creek crossing, or park. Other pedestrian facilities such as access ways and multi-use paths shall be constructed at the same time as the public infrastructure of the plat.
b. Fee in Lieu of Construction .
1) Fee in Lieu .
Except for development located within the Northgate zoning districts, a developer may request to pay a fee in lieu of constructing the required sidewalk(s) or multi-use path upon approval by the Administrator as set forth below.
2) Amount of Fee .
The amount of fee in lieu of sidewalk construction shall be a unit cost determined by the City Engineer based upon current estimated costs. The unit cost fee shall be kept on file in the Office of Planning and Development Services and made available to the public upon request. The unit cost fee calculation shall be reviewed at least annually by the City Engineer and adjusted as necessary.
3) Criteria to Allow Fee in Lieu .
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The Administrator may authorize a fee in lieu of sidewalk or multi-use path construction when it is determined that one (1) or more of the following conditions exists:
(a) An alternative pedestrian way or multi-use path has been or will be provided;
(b) The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements contained herein is not physically feasible or is not in keeping with the purposes and goals of this UDO or the City's Comprehensive Plan;
(c) A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months;
(d) Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an Estate/Rural context;
(e) When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, Greenways Master Plan;
(f) The proposed development is within an older residential subdivision meeting the criteria in Section 8.3.H.2 Platting and Replatting within Older Residential Subdivisions of this UDO; or
(g) The proposed development contains frontage on a freeway/expressway as designated by Map 6.6, Thoroughfare Plan-Functional Classification, in the City's Comprehensive Plan.
4) Use of Fee .
The City Council hereby establishes sidewalk zones as show in the map attached as Figure 1 of this section and which map shall be kept in the Office of Planning and Development Services and made available to the public upon request. Fees collected in lieu of sidewalk or multi-use path construction shall be expended in the sidewalk zone within which the proposed development is located. Fees collected in lieu of sidewalk construction shall be used only for construction, reconstruction, or land acquisition costs associated with sidewalks, multi-use paths, and other non-vehicular ways.
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Figure 1 - Sidewalk Zone Map
5) Reimbursement .
The City may, from time-to-time, acquire land for sidewalks or make sidewalk improvements related to actual or potential development. If this occurs, the City may require subsequent sidewalk obligations to be a fee rather than construction in order to reimburse the City for the cost associated with acquisitions or construction.
6) Fee Due .
Field Code Changed
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Fees paid pursuant to this section shall be remitted to the City when the guarantee of construction of public improvements for the proposed development is due or upon commencement of construction, whichever occurs first.
7) Special Fund; Right to Refund .
All fees received by the City in lieu of sidewalk or multi-use path construction shall be deposited in a fund referenced to the sidewalk zone to which it relates. The City shall account for all fees in lieu of sidewalk construction paid under this section with reference to the individual development involved. Any fee paid for such purposes must be expended by the City within seven (7) years from the date received by the City. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the landowners of the property on the expiration of such period shall be entitled to a prorated refund of such sum. The owners of such property must request a refund within one (1) year of entitlement, in writing, or such refund will be barred.
L. Bicycle Facilities.
1. General.
Bicycle facilities are planned and located to provide connectivity to the existing street network, parks, schools, greenways, neighborhoods, and other key destinations; increase safety; and promote health and wellness.
2. Timing.
Bicycle facilities shall be required in accordance with the Bicycle, Pedestrian and Greenways Master Plan and the B/CS Unified Design Guidelines and constructed along with other public infrastructure required pursuant to this UDO.
3. Types of Bicycle Facilities.
There are at least three (3) types of bicycle facilities that may be required. These types include the following:
a. Multi-Use Path: a facility completely separated from auto traffic and within an independent right-of-way or within the right-of-way of another public facility;
b. Bike Lane: a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use and where vehicular parking is not permitted, unless otherwise specified; and
c. Bike Route: a facility designated by signing and sometimes pavement markings to help make motorists aware of the presence of bicycles which share the same area with motor vehicles.
4. Geometric Design Criteria.
All facilities shall be designed to meet or exceed standards set forth in the "Guide for Development of Bicycle Facilities" published by the American Association of State Highway and Transportation Officials (AASHTO) and the B/CS Unified Design Guidelines. Signing and pavement markings for such facilities shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Geometric design criteria for each type of bikeway facility are as follows:
a. Bike Routes.
Bike routes shall be indicated as follows:
1) The placement of bike route signing and shared lane pavement markings identifies bicycle-compatible streets that will serve as bike routes;
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2) A minimum of sixteen-foot of the outer lane of streets measured from the outer lane line to the back of curb shall be required for bike routes. A typical bicycle route street is shown in Figure 1; and
3) Bike route signing should not end at a barrier. Information directing the bicyclist around the barrier should be provided.
Figure 1: Bike Route/Bicycle Compatible Street
b. Bike Lanes.
Bike lanes shall be as follows:
1) The bike lane is located within the vehicular roadway in the outside lane and is intended for the exclusive use of bicycles. Bike lanes in the City of College Station must be developed as one-way facilities and carry traffic in the same direction as adjacent motor vehicle traffic; and
2) In general, parking in bike lanes is prohibited. However, parking may be permitted in a bike lane in specific areas during specified times. Where parking in a bike lane is permitted, signs shall be installed to provide notice to bicyclists of when parking is
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allowed. Parking in a bike lane shall be limited primarily to spillover parking for public uses or events, but parking for non-public uses may also be considered.
c. Multi-Use Paths.
The criteria for multi-use paths is as follows:
1) Multi-use paths should be located primarily in greenways, parks, or occasionally within street rights-of-way. If a multi-use path is to be located in the right-of-way of a street, there should be a minimum of five (5) feet separating the multi-use path from the roadway;
2) The standard width for a two-way multi-use path shall be ten (10) feet. In areas with projected high volumes of use, multi-use paths shall be twelve (12) feet wide;
3) The minimum width of a one-directional bicycle path is five (5) feet. It should be recognized, however, that one-way bicycle paths often will be used as two-way facilities unless effective measures are taken to assure one-way operation. Without such enforcement, it should be assumed that bicycle paths will be used as two-way facilities and designed accordingly;
4) A minimum of three-foot width graded area shall be maintained adjacent to both sides of the multi-use path to provide clearance from trees, poles, walls, fences, guard rails, or other lateral obstructions; and
5) Multi-use paths shall be located in a public access easement of a minimum twenty (20) feet in width.
M. Water Facilities.
1. All subdivisions shall have access to water supply and distribution systems for adequate fire protection and domestic use. All water mains, distribution and service lines shall be provided to each lot and constructed in accordance with the B/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only water mains, distribution and service lines that comply with these standards for construction.
2. Water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 11, Utilities, of the College Station Code of Ordinances.
3. Where a subdivision contains a water line as shown on the Comprehensive Plan of the City, such water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated.
4. Water distribution lines shall be extended from the nearest City approved point of connection to the furthest boundary line of the platted subdivision.
5. For water systems that are not part of the City of College Station's water utility, the subdivider shall provide a letter with the construction documents from the non-City utility that the non-City utility is able to properly serve the proposed subdivision. Construction of all water facilities within a subdivision must comply with the B/CS Unified Design Guidelines. Plans for such systems will be subject to City review and inspection. City involvement with such water system ends at the sanitization of the line.
N. Waste Water Facilities.
1. All subdivisions shall have access to waste water facilities. All collection mains and service lines shall be provided to each lot and constructed in accordance with B/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The
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City shall accept for public use only waste water facilities that comply with these standards for construction.
2. Waste water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 11, Utilities, of the College Station Code of Ordinances.
3. Where a subdivision contains a waste water line as shown on the Comprehensive Plan of the City, such waste water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated.
4. For waste water systems that are not part of the City of College Station's waste water utility, the subdivider shall provide a letter with the construction documents from the non-City utility that the non-City utility is able to properly serve the proposed subdivision. Construction of all waste water facilities within a subdivision must comply with the B/CS Unified Design Guidelines. Plans for such systems will be subject to City review and inspection. Waste water lines for these systems that are outside the subdivision are not required to meet City standards.
5. Alternate Waste Water Facilities.
a. If waste water main extension is exempted as per Chapter 11, Utilities, of the College Station Code of Ordinances or if the subdivision is located outside of the City of College Station CCN or otherwise not served by the City, the subdivider may provide temporary alternative waste water disposal as follows and as may be conditioned by Chapter 11, Utilities, of the College Station Code of Ordinances or otherwise:
1) Organized Waste Water Collection and Treatment System.
A subdivider may have a proposed subdivision served by a non-City organized waste water collection and treatment system. Such system must be permitted to dispose of wastes by the Texas Commission on Environmental Quality (TCEQ) in accordance with 30 TAC Chapter 305 and obtain approval of engineering, planning and materials for such systems under 30 TAC Chapter 317 from the TCEQ prior to approval of the final plat by the Planning and Zoning Commission.
2) On-Site Sewage Facilities.
A subdivider may have a proposed subdivision served by on-site sewage facilities as set forth below:
(a) On-site facilities which serve single-family or multi-family residential dwellings with anticipated waste water generation of no greater than five thousand (5,000) gallons per day must comply with 30 TAC Chapter 285 and other applicable law;
(b) Proposals for sewerage facilities for the disposal of sewage in the amount of five thousand (5,000) gallons per day or greater must comply with 30 TAC Chapter 317 and other applicable law;
(c) The Brazos County Health Department shall review proposals for on-site sewage disposal systems and make inspection of such systems as necessary to assure that the system is in compliance with the Texas Health and Safety Code, Chapter 366 and rule in 30 TAC Chapter 285, and in particular §§ 285.4, 285.5, and 285.30—285.39 and any other applicable rules or regulations within the purview of such department; and
(d) In addition to the unsatisfactory on-site disposal systems listed in 30 TAC § 285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules.
b. Sanitary Sewer Master Plan.
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A Gravity Sanitary Sewer Master Plan shall be designed for subdivisions that contain lots that are two (2) acres and smaller and that utilize alternative waste water disposal methods. This Master Plan is required to assure that all lots, at some future date, can be connected by gravity service line to the future sewer collection system. Adequately sized sewer lines shall be provided within the subdivision's sewer master plan such that they conform to the City's Utility Master Plan. All lines designed within this Master Plan shall meet the B/CS Unified Design Guidelines and all applicable state and federal regulations. This Master Plan shall consist of: verbiage explaining all design assumptions, plan and profile layouts of all future gravity lines to be constructed within the subdivision, and a minimum finished floor elevation established for each lot to assure a connection to the future gravity sewer collection system. All minimum finished floors established by this master plan shall be placed on the respective lots on the final plat.
O. Special Flood Hazard Areas.
All development encroaching into a FEMA special flood hazard area shall be in accordance with the B/CS Unified Design Guidelines, Chapter 13 Flood Hazard Protection Ordinance, and all applicable local, state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction.
P. Drainage.
1. All drainage shall be in accordance with the B/CS Unified Design Guidelines, Chapter 13 Flood Hazard Protection Ordinance, and all applicable local, state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction.
2. Rapid conveyance, the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation, as provided in the B/CS Unified Design Guidelines and as may be required and approved by the City.
3. No construction shall impede, constrict, or block, the flow of water in any drainage pathway.
4. Lot Grading.
a. Lots shall be laid out so as to provide positive drainage away from all buildings. Individual lot drainage shall be coordinated with the general storm drainage for the area. Drainage shall be designed so as to avoid the concentration of storm drainage water from each lot to adjacent developable lots. A subdivision grading plan shall be provided with the construction documents. A general drainage pattern that meets all applicable rules and regulations shall be provided for each proposed block and lot. Subsequent permits for each lot shall comply with the approved grading plan.
b. All single-family residential lots must be graded to meet the elevation of adjoining property with positive drainage. Multi-family and non-residential lots shall be graded to match elevations at adjoining properties to provide good access and to minimize the use of retaining walls.
Q. Gas or Oil Lines.
1. Identification.
High pressure flammable gas or fuel lines are defined as those which are operated or may be expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum cover of thirty (30) inches, and shall be marked by an all-weather typed sign, installed at each crossing and at intervals of not more than three hundred (300) feet. The signs shall be installed by the utility company, state that the line is high pressure, identify the utility company
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name, provide an emergency phone number, and state the type of product or products transported therein.
2. Notification to Utility Company.
The subdivider shall provide written notification to the utility company regarding any proposed construction over an existing facility or within a utility's easement and provide proof of such notification to the City Engineer.
R. Street Lights.
1. General Standards.
a. Street lights shall be designed and installed according to the utility standards in effect at the time of subdivision construction or addition thereto.
b. The quantity, size, and type of street light pole and fixture shall be selected by the subdivider from the approved City of College Station street light standards.
c. The subdivider shall furnish public utility easements for the installation of street lights, with said easements to normally be five (5) feet in width.
d. Where underground electric service is provided, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. Where overhead electric service is provided, street lighting and site lighting equipment may be placed overhead or underground.
2. Street Light Locations.
a. Street lights shall normally be required at all street intersections and Access Ways, in culs-de-sac, and at approximately three hundred-foot intervals along tangent streets.
b. In Rural Residential subdivisions, street lights are only required at street intersections and at the end of culs-de-sac greater than three hundred (300) feet in length. The subdivider may request additional street lights at other locations within the subdivision, provided the frequency does not exceed the general subdivision location standards recited above.
3. Installation and Maintenance.
a. The subdivider or his authorized construction representative shall be responsible for furnishing and installing all street light facilities in accordance with the electric utility's design and specifications and this UDO. All conduit installations shall be inspected prior to acceptance for conformance with the utility specifications.
b. Street lights shall be owned and maintained by electric utility provider with Certificate of Convenience and Necessity (CCN) for that area.
c. The electric utility provider shall not be responsible for the installation or maintenance of street lights on alleys, private streets or drives.
S. Electric Facilities.
1. All subdividers shall ascertain which electric utility is certificated to serve the proposed subdivision. The electric utility design and facilities must meet all applicable City ordinances.
2. The electric utility will design the electrical system to all lots within a subdivision.
3. All electric utility service shall be installed underground in all subdivisions. All lateral electric lines and service lines supplying electric utility service shall be placed underground except Rural Residential subdivisions may have lateral electric lines and service lines supplying electric utility service placed overhead.
4. Overhead feeder lines may be placed in the following locations:
a. Along the perimeter of a platted subdivision;
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b. Adjacent to or within the right-of-way of thoroughfares identified on the current Thoroughfare Plan of the City of College Station and approved for the location of overhead utilities; and
c. Within alleys or dedicated easements identified for the location of aerial utility feeder lines on the approved subdivision plat.
5. The subdivider shall dedicate public utility easements upon forms approved by City for the installation of electric utilities. All liens and other ownership interests shall be subordinated to the easement use.
6. Where electric service is placed underground, all auxiliary equipment for such service, including but not limited to transformers, junction enclosures and switching devices, shall be pad-mounted on grade or shall be placed underground.
7. Where the electric service is placed underground, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. The City or the electric utility shall not be responsible for the installation or maintenance of street lights on alleys, private streets or drives.
8. The subdivider shall be responsible for the costs and installation of all conduit needed for underground feeder, lateral, and service lines utilized to provide electric utility service to the subdivision. The developer of a platted lot shall be responsible for the costs and installation for the service conduit for such platted lot. The specifications for the conduit shall be provided by the electric utility prior to installation. All conduit installations shall be inspected prior to acceptance for conformance to utility specifications.
9. Temporary utility service may be provided via overhead line extension.
10. The subdivider shall contact the appropriate electric utility provider to determine any additional requirements.
T. Monuments and Corner Markers.
1. All block corners, angle points and points of curves, and all corners of boundary lines of subdivisions shall be marked with a one-half-inch steel rod, two (2) feet in length, set in the center of a concrete monument six (6) inches in diameter and thirty (30) inches deep, with the top flush with the finished ground surface.
2. Where, due to topographic conditions, permanent structures or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be set as to assure a clear view between adjacent monuments.
3. Corner markers, consisting of a one-half-inch steel rod or three-fourths-inch pipe, two (2) feet in length, shall be driven flush with the ground surface to mark the corners of all lots.
U. Owners Associations for Common Areas and Facilities.
1. A Homeowners Association or Property Owners Association ("Owners Association") shall be established with direct responsibility to, and controlled by, the property owners involved to provide for operation, repair and maintenance of all common areas, fences, walls, gate equipment, landscaping, and all other common facilities, including private streets and sidewalks, which are part of the subdivision (the "Common Facilities").
2. The Owners Association shall prepare and file for record a legal instrument establishing a plan for the use and permanent repair and maintenance of the Common Facilities and demonstrating that the association is self-perpetuating and adequately funded to accomplish its purpose and shall provide that the Owners Association hereby unconditionally and irrevocably agrees to indemnify, defend and hold the City and the City's officials, agents, employees and contractors harmless, from and against any loss, liability, demand damage, judgment, suite, claim deficiency, interests, fee, charge, cost or expense (including, without limitation, interest, court cost and penalties, attorney's fees and disbursement and amounts paid in settlement, or liabilities resulting from any charge in federal, state or local law or regulation or interpretation
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hereof) of whatever nature, even when caused in whole or in part by the City's negligence or the joint or concurring negligence of the City and any other person or entity, which may result or to which the City and/or any of the City's officials, agents, employees and contractors may sustain, suffer, incur or become subject to in connection with or arising in any way whatsoever out of the maintenance, repair use or occupation of the Common Facilities, or any other activity of whatever nature in connection therewith, or arising out of or by reason of any investigation, litigation or other proceedings brought or threatened, arising out of or based upon the operation, management, maintenance, repair and use of the Common Facilities, or any other activity in the subdivision.
3. The budget for the Owners Association shall include a fund reserved for the repair and maintenance of Common Facilities in the amount approved by the City staff.
V. Private Streets and Gating of Roadways.
1. General Requirements.
The following applies to platting of roadways:
a. Gating of a public roadway is prohibited.
b. Streets required to meet block length or street projection requirements shall not be private or gated.
c. Private driveways are considered public roadways for the purpose of gating requirements herein.
d. Vehicular access shall be provided on all private and public roadways at all times for police, fire, City inspection, mail delivery, garbage pickup, dial-a-rides, utility, school buses, and other health and safety related vehicles. Access must not require drivers to exit their vehicle.
e. A private street may not cross an existing or proposed public thoroughfare as shown on the City's Thoroughfare Plan. A private street may not disrupt or cross an existing or proposed public park or pedestrian pathway as shown on the Bicycle, Pedestrian and Greenways Master Plan.
f. The gate design and implementation shall be such that it does not pose a threat to public health, safety and welfare as determined by the City.
g. Private streets must meet the requirements listed in Single-Family Residential Parking Requirements for Platting.
2. Owners Association Requirements.
a. All property owners within an existing residential area that is proposed to be gated or have private streets shall agree to become members of an operative Owners Association.
b. The legal instrument establishing the Owners Association must provide for a street maintenance agreement and reserve fund as well as written permission for the City's access to the subdivision all of which must be submitted for approval by the City Attorney prior to the submission of the final plat.
c. The City must have access to private roadways at any time without liability when on official business. This includes permission to remove obstructions including any gate and guard (house) upon non-compliance by the Owners Association of any terms of this ordinance or as necessary for the emergency vehicle access. In the event the City must remove obstructions to access the development, the Owners Association will be assessed all costs substantially associated therewith.
d. In the event the City deems that substantial repairs to private street(s) within a gated community are necessary in order to ensure safe access and passage for emergency service vehicles, the City will notify the Owners Association and a public hearing before the
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City Council will be set for input on the projected repairs. Should the Owners Association fail to provide the satisfactory repairs deemed necessary in a time frame set by the City at the public hearing, then the City will make the necessary repairs and assess the Owners Association all costs borne by the City in repair of the private street(s). Should the Owners Association fail to reimburse the City within ninety (90) days, the Owners Association shall be subject to lien and possibly foreclosure of all assets including but not limited to the maintenance reserve fund.
3. Geometric Design Guidelines.
The following applies to the design of private roadways:
a. Private streets shall be constructed to public street standards but located within a common area, private right-of-way, or private access easement.
b. The gate(s) may not be placed on a public right-of-way or easement.
c. All gate mechanical or manual operating functions shall meet Fire Department requirements and provide passage with unobstructed vertical clearance.
d. The throat depth for a gated entry way shall meet the following requirements (Ref. Figures 1 & 2):
1) A minimum of twenty (20) feet for one (1) residential single-family lot.
2) A minimum of sixty (60) feet for up to twenty-five (25) single-family lots.
3) A minimum of one hundred (100) feet for twenty-six (26) single-family lots or greater.
e. Gated entry ways shall provide adequate access for pedestrians and bicycles.
f. Gated entry ways to subdivisions shall provide adequate turnaround areas for vehicles that are denied access in order to prevent backing into a public street. (Ref. Figures 1 & 2)
g. The gated entry way driveway pavement widths to subdivisions, for both egress and ingress, shall be a minimum of twenty (20) feet per driveway and are required to provide a minimum four (4) feet center median. (Ref. Figures 1 & 2)
h. The gated area shall provide a minimum unobstructed vertical clearance of fourteen (14) feet and six (6) inches from finished roadway surface over the entire width of the entry roadway.
i. Public safety elements and signing shall be included in the gate entry way design.
4. Converting Private Streets to Public Streets.
The following is required when converting private streets to public streets:
a. Upon a written request signed by duly authorized Owners Association officers and submitted to the City Council of the City of College Station, dedication of private streets to the public may be accomplished providing the private streets are brought up to City standards for public streets and the City Council has agreed to accept the streets.
b. The written request by the Owners Association officers will be accompanied by a petition containing the signatures of the owners of one hundred (100) percent of the existing lots in the subdivision, except when in the public interest.
c. All repairs or reconstruction of private streets to City standards must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the Owners Association.
5. Existing Gates.
Any gate as defined by this Section existing at the time of adoption of these provisions (Ordinance #2280) which has received an approval from either the City or the County is
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deemed exempt from the requirements of this Section except when the City must remove such gates in order to ensure the access for the immediate health, safety, and welfare of the public. The Owners Association responsible for such gate assumes all costs associated therewith.
Figure 1
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Figure 2
W. Single-Family Residential Parking Requirements for Platting.
1. Purpose.
The purpose of this Section is to establish requirements for new single-family and townhouse parking to aid in reducing neighborhood parking problems and maintain certainty of access for emergency vehicles on local streets.
2. General Requirements.
This Section applies to all new single-family and townhouse subdivisions.
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a. Each phase of a multi-phase project shall comply with this Section.
b. Subdivisions may utilize multiple Residential Parking Options so long as each phase meets requirements and all options are listed on the plat.
c. Replats, Amending Plats, Vacating Plats, and Development Plats are exempt from this section unless new streets are proposed with the subdivision.
d. All "No Parking" areas shall be depicted on the Preliminary Plan.
e. All "No Parking" signs shall be placed along the street to ensure adequate emergency access. The developer shall provide and install, at no cost to the City, all "No Parking" signs and associated poles and hardware to the City's specifications.
f. Parking only may be removed on one or both sides of a street upon the City Council approving an ordinance removing parking from the street.
g. Where on-street or alley parking is utilized in a townhouse subdivision, driveways shall be designed to allow a minimum of one (1) on-street or alley parking space per four (4) dwelling units. Driveway layouts shall be provided with the final plat.
3. Residential Parking Options.
In order to provide adequate access for emergency vehicles, new single-family and townhouse subdivisions shall provide one option from the following:
a. Wide Streets
1) Pavement width shall be a minimum of thirty-two (32) feet, up to a maximum of thirty-eight (38) feet.
2) In addition to the right-of-way specified for the Residential Street Section in the B/CS Unified Design Guidelines, additional right-of-width shall be dedicated equivalent to the increase in pavement width over twenty-seven (27) feet.
3) In order to minimize adverse traffic impacts on residential neighborhoods, bulb-outs shall be provided at intersections of local streets. Bulb-outs shall not be required where a local street intersects a street classified as a collector or greater.
4) As determined by the Development Engineer, engineering judgment shall override the requirement for bulb-outs set forth in this section if warranted by specific traffic conditions.
b. Narrow Streets
1) Pavement width shall be a minimum of twenty-two (22) feet, up to a maximum of twenty-four (24) feet.
2) No parking is allowed on Narrow Streets, so as to ensure emergency vehicle access. Narrow Streets must meet fire service standards as described in the City of College Station Site Design Standards.
3) To provide adequate parking in residential neighborhoods, subdivisions choosing to incorporate narrow streets shall incorporate additional parking spaces through either the provisions of visitor alley-fed parking areas or visitor parking areas. (See additional requirements for visitor alley-fed off-street parking and visitor parking areas below).
c. Standard Streets
1) Standard Streets shall be designed in accordance with the Residential Street Section in the B/CS Unified Design Guidelines.
2) Parking shall be removed from one (1) or both sides of Standard Streets.
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3) To provide adequate parking in residential neighborhoods, subdivisions choosing to remove parking from both sides of a Standard Street shall incorporate additional parking spaces through the provisions of Visitor Alley-Fed Off-Street parking or Visitor Parking Areas. Visitor Alley-Fed Off-Street Parking and Visitor Parking Areas have additional requirements, as specified below.
d. Wide Lot Frontages
1) All lot widths shall be a minimum of seventy (70) feet, as measured at the front setback.
e. Visitor Alley-Fed Off-Street Parking
1) Visitor Alley-Fed Off-Street Parking spaces shall be provided at a rate of one (1) parking space per four (4) dwelling units. Visitor Alley-Fed Off-Street Parking is in addition to minimum off-street parking requirements. The Off-Street Parking Standards Section of this UDO lists additional requirements.
2) Off-street parking spaces shall be located in an access easement or private common area.
f. Visitor Parking Areas
1) Visitor parking shall:
a) be provided at a rate of one (1) parking space per four (4) dwelling units,
b) meet requirements of Off-Street Parking Standards and Access Management and Circulation sections, except requirements of Alternative Parking Plans, and except as specifically exempted below;
c) be developed at the same time as public infrastructure,
d) be located no farther than five hundred (500) feet from the lot it is meant to serve. This distance shall be measured by a walkable route,
e) be located in a common area and maintained by a Homeowners Association,
f) be designed to prohibit backing maneuvers onto public streets, with the exception that two (2) or fewer parking spaces constructed to single-family driveway and parking standards are permitted backing maneuvers when accessing a local street.
g) not be counted towards common open space requirements for Cluster Developments.
2) Visitor parking areas adjacent to a right-of-way shall be screened from the right-of-way. Screening is required along one hundred (100) percent of the street frontage (such as ten (10) shrubs for every thirty (30) linear feet of frontage), with the exception of areas within the visibility triangle. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of three (3) feet above the parking lot pavement elevation. Walls and planting strips shall be located at least two (2) feet from any parking area. Where the street and the adjacent site are at different elevations, the Administrator may alter the height of the screening to ensure adequate screening. Fifty (50) percent of all shrubs used for screening shall be evergreen. Two (2) or fewer parking spaces constructed to single-family driveway and parking standards are not required to be screened from the adjacent right-of-way.
3) Visitor parking areas may be constructed of permeable surfaces as allowed in the Off-Street Parking Standards.
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4. Private parking constructed for the use of subdivision amenities, such as a community pool, may be counted toward Visitor Parking, if it meets all other requirements listed above and does not use permeable materials for private parking area surfaces.
Per Ordinance No. 2011-3308 (January 13, 2011)
(Ord. No. 2012-3435 , Pt. 1(Exh. A), 8-9-2012; Ord. No. 2012-3449 , Pt. 1(Exh. K), 9-27-2012; Ord. No. 2012-3458 , Pt. 1(Exh. C), 11-8-2012; Ord. No. 2013-3518 , Pt 1(Exh. A), 9-12-2013; Ord. No. 2013-3521 , Pt. 1(Exh. M), 9-12-2013; Ord. No. 2013-3522 , Pt. 1(Exh. E), 9-12-2013; Ord. No. 2016-3792 , Pt. 1(Exh. F), 7-28-2016; Ord. No. 2015-3699 , Pt. 1(Exh. A), 9-21-2015; Ord. No. 2017-3886 , Pt. 1(Exh. A), 5-11-2017; Ord. No. 2018-4034 , Pt. 1(Exh. A), 8-23-2018; Ord. No. 2019-4078 , Pt. 1(Exh. A), 3-14-2019; Ord. No. 2019-4086 , Pt. 1(Exh. A, Exh. B, Exh. C), 3-28-2019)
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March 5, 2020
Regular Agenda
Rezoning – Whitt Tract
To: Planning & Zoning Commission
From: Rachel Lazo, Senior Planner
Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance
amending Appendix “A”, “Unified Development Ordinance,” 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
R Rural to PDD Planned Development District on approximately 7 acres of land generally located at
14565 and 14575 FM 2154. Case # REZ2019-000018 (Note: Final action on this item is scheduled for the
March 26, 2020 City Council meeting - subject to change)
Recommendation: Staff recommends approval of the PDD Planned Development District zoning request
and associated Concept Plan.
Summary: This request is to rezone approximately 7 acres located at 14565 and 14575 FM 2154 from R
Rural to PDD Planned Development District with a base zoning district of WC Wellborn Commercial. The
Concept Plan shows 4 commercial buildings, detention, and parking area.
REZONING REVIEW CRITERIA
1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is
located within the Wellborn Community Plan area, with a Future Land Use and Character
designation of Wellborn Commercial.
The proposed PDD Planned Development District uses a base zoning district of WC Wellborn
Commercial which would allow for the development of low-density commercial uses that
provide services to nearby neighborhoods. The subject property and surrounding area are
identified in the Comprehensive Plan as part of the Wellborn Community Plan, which seeks to
preserve the rural character and sustain the uniqueness and history of the area. Currently, the
Comprehensive Plan has established many contiguous properties adjacent to FM 2154
between Barron Cut-off Road and Victoria Avenue as Wellborn Commercial. The Wellborn
Commercial zoning district encourages compatible growth by providing the option for a mix of
appropriate commercial uses needed to support the residents in the area. This zoning request
is consistent with the Wellborn Community Plan, which was adopted as part of the City’s
Comprehensive Plan.
2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of
the surrounding area: The adjacent existing land uses to the north, east, and west are large lot
single-family and unimproved rural tracts varying in size from two to ten acres. Of the surrounding
properties, most all are designated for single-family development on the Future Land Use and
Character Map. Existing uses such as Wellborn Baptist Church, America’s Country Store, and
Aggieland Grass and Stone, located directly south of the subject area, are commercial entities that
existed prior to annexation in 2011 and are anticipated to continue operating as such in the
future.
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3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The
applicant is proposing to rezone two tracts, totaling approximately 7 acres, which will have direct
frontage along FM 2154. The tracts have a combined frontage of over 400 feet to FM 2154 and is
substantial for the development of a light commercial use, as intended by the 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:
The property associated with the rezoning is within the City of College Station’s sanitary sewer
certificated service area which has existing utility infrastructure available to serve this site.
The subject property is within the Peach Creek drainage basin and is not encroached by a Special
Flood Hazard Area (SFHA) per FEMA’s FIRM Panel 0325E. Drainage improvements and other public
infrastructure required with site development shall be designed and constructed in accordance
with the B/CS Unified Design Guidelines.
The subject property has frontage on Wellborn Road (FM 2154) which is designated as a future 4-
lane Minor Arterial on the Thoroughfare Plan. This portion of Wellborn Road is currently
constructed as a 2-lane rural highway that has either paved shoulders or 2-way center turn lane.
Funding for the Texas Department of Transportation (TxDOT) to widen the roadway and add
bicycle and pedestrian facilities has been programmed by the Bryan/College Station Metropolitan
Planning Organization (MPO) and is anticipated to begin within the next 5 years. City Council
recently awarded a consultant contract to perform the schematic design for the widening project.
A traffic impact analysis (TIA) was performed for the proposed rezoning request. The four existing
intersections that were studied currently have a level of service (LOS) F in the AM peak hour with
some being LOS F in the PM peak hour. The City’s upcoming capital improvement project to
realign Capstone Drive to Barron Road and install a traffic signal will improve that new intersection
into an acceptable LOS (C in AM, B in PM). The Unified Development Ordinance (UDO) states that
a development’s traffic must exceed at least 5% of the traffic volume of the intersection in order
for mitigation to be required when LOS falls below a LOS D. The estimated traffic from the
development of the site falls below the 5% threshold at all intersection so no mitigation is
required for them. For the site driveway, a southbound left-turn lane on Wellborn Road will be
required if the site develops in advance of the Wellborn Road widening project and a right-turn
deceleration lane may be required depending upon the traffic generated from the site when it
develops.
5. The marketability of the property: The property can be marketed under the current zoning of R
Rural which allows for large-lot residential uses. However, the marketability of the property would
increase if rezoned for a commercial use.
REVIEW OF CONCEPT PLAN
The Concept Plan provides an illustration of the general layout of the proposed building and
parking areas as well as other site related features. In proposing a PDD, an applicant may also
request variations to the general platting and site development standards provided that those
variations are outweighed by demonstrated community benefits of the proposed development.
The Unified Development Ordinance provides the following review criteria as the basis for
reviewing PDD Concept Plans:
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1.The proposal will constitute an environment of sustained stability and will be in harmony with
the character of the surrounding area;
2.The proposal is in conformity with the policies, goals, and objectives of the Comprehensive
Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose
of this Section;
3.The proposal is compatible with existing or permitted uses on abutting sites and will not
adversely affect adjacent development;
4. Every dwelling unit need not front on a public street but shall have access to a public street
directly or via a court, walkway, public area, or area owned by a homeowners association;
5.The development includes provision of adequate public improvements, including, but not
limited to, parks, schools, and other public facilities;
6.The development will not be detrimental to the public health, safety, welfare, or materially
injurious to properties or improvements in the vicinity; and
7.The development will not adversely affect the safety and convenience of vehicular, bicycle, or
pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the
proposed use and other uses reasonably anticipated in the area considering existing zoning and
land uses in the area.
General:
The stated purpose and intent of the requested PDD is to provide the needed commercial uses to
support the increase in large single-family developments in the area while staying within the sanitary
sewer system capacity. The Concept Plan proposes a commercial development with the buildings
proposed ranging in height from 10 to 35 feet.
Modifications Requested: WC Wellborn Commercial is proposed as the base zoning district with a
modification to allow additional uses including education facility, wholesales, warehousing/distribution,
and self-storage. The developer has also proposed to exclude commercial daycares and restaurants as
a permitted use.
Community Benefits: The applicant offers the following as community benefits:
20-foot landscaped buffer on 3 sides, which is otherwise not required, with the following
standards:
o A minimum of one (1) 1.25” caliper non-canopy tree per fifteen (15) linear feet of landscape buffer. A substitution of a minimum one (1) five gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscape buffer for the non-canopy tree requirement may be used.
o A minimum of one (1) two-inch caliper canopy tree per fifty (50) linear feet of landscape buffer.
o A minimum 6-foot high wooden screening fence for the entire buffer yard
The building material requirements of WC Wellborn Commercial will be provided for any building façade that faces Wellborn Road and is within 250 feet of Wellborn Road.
STAFF RECOMMENDATION
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Staff recommends approval of the PDD Planned Development District zoning request and associated
Concept Plan.
SUPPORTING MATERIALS
1. Background Information
2. Vicinity, Aerial, and Small Area Map
3.Rezoning Exhibit
4. Applicant’s Supporting Information
5. Rezoning Map
6. Concept Plan
Page 114 of 125
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: March 5, 2020
Advertised Council Hearing Date: March 26, 2020
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: 5
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: None at the time of this report
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Wellborn Estate R Rural Agricultural
South Wellborn Estate R Rural Wellborn Baptist
Church
East Wellborn Estate R Rural Wellborn Baptist
Church
West FM 2154
(4 Lane Major Arterial)N/A FM 2154
(4 Lane Major Arterial)
DEVELOPMENT HISTORY
Annexation: 2011 (14565 FM 2154)
2019 (14575 FM 2154)
Zoning: R Rural upon annexation
Final Plat: Unplatted
Site development: Undeveloped
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WELLBORN ROADFM 2154EXISTING ZONING: RURAL (R)
PROPOSED ZONING: PLANNED DEVELOPMENT DISTRICT
(PDD)
7.377 AC.
VICINITY MAP
NOT TO SCALE WELLBORN ROADBUTTE DRIVE BARRON CUT-OFF ROADMCCULLOUGH ROADZONING MAP
WHITT TRACTS
7.377 ACRES
ANDREW McMAHON SURVEY, A-167
COLLEGE STATION, BRAZOS COUNTY, TEXAS
TBPE NO. 12327911 SOUTHWEST PKWY E.College Station, Texas 77840
(979) 764-3900
ENGINEER:OWNER:
David Whitt
1 Hickory Hills Drive
Texarkana, Texas 75503
(903) 824-1318
SCALE: 1"=60'JANUARY 2020
SURVEYOR:
Brad Kerr, RPLS # 4502
Firm # 10018500
Kerr Surveying, LLC409 N. Texas Avenue
Bryan, Texas 77803
(979) 268-3195
Page 119 of 125
Rezoning Supporting Information
1. List the changed or changing conditions in the area or in the city which make this zone change
necessary
Since the last amendments to the Comprehensive Plan in the Wellborn Area there has
been an economic boom led by the dramatic increase in single family homes. The
expansion of large developments such as Castlegate, Saddle Creek, Winding Creek and
Creek Meadows, has transformed the Wellborn area from a community of 1-acre
estate lots to dense neighborhoods full of young families. These families need easy
access to so additional Commercial development along Wellborn Road would help
satisfy the needs of these growing communities.
2. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is
not, explain why the Plan is Incorrect
This zone change is in accordance with the Comprehensive Plan.
3. How will this zone change be compatible with the present zoning and conforming uses of nearby
property and with the character of the neighborhood.
Current existing uses near the subject property are Wellborn Baptist Church,
Aggieland Grass and Stone, The Home Center (Home Improvement Store) and
America’s Country Store. None of these uses would be harmed by a change to
Wellborn Commercial zoning for the property, and most would likely benefit from it.
The closest home to any point on the property line is over 400’ away leaving a
substantial buffer between any new business and any current resident. In the general
area to the north of the property along Wellborn Road there are numerous businesses
including Prosperity Bank, several convenience stores, Chicken Express, Dollar
General, Mini Storage Facilities, and the new HEB at Jones Crossing. The property
would be compatible with all of these uses. The property would greatly benefit the
development pattern of the city as a whole because it relieves major developments
such as Jones Crossing, Tower Point, and Caprock Crossing of traffic, and
simultaneously adds convenience to local residents who travel Wellborn Road.
4. Explain the suitability of the property for uses permitted by the rezoning district requested.
With the economic boom in the area and the increase in single family homes, there is
a need for the supporting commercial uses proposed with this rezoning request. This
zoning request allows for commercial development of the property that does not
exceed the allowable sewer demand.
5. Explain the suitability of the property for uses permitted by the current zoning district.
The current uses permitted would be 2 single family residential lots which is not
appropriate for a development along a major thoroughfare like Wellborn Road. The
single family residential developments in the Wellborn area have increased, it has
decreased the need for small tracts like this to be single family.
Page 120 of 125
6. Explain the marketability of the property for uses permitted by the current zoning district.
The property has very little marketability for large lot residential use on a major
thoroughfare. The market has shown large lot residential use is better suited for a
rural acreage subdivision similar to Saddle Creek and Winding Creek currently
developed in this area.
7. List any other reasons to support this zone change.
The zoning change will provide the needed commercial uses to support the increase in
large single-family developments in the area and stays within the sanitary sewer
system capacity.
8. Specific Change Reason
Change the zoning to Planned Development District with the uses presented on the
Concept Plan with Wellborn Commercial as the base zoning. Due to the lack of sewer
capacity, the uses on this property have to be restricted so a PDD is proposed to
restrict the uses such that the Water and Sewer Department will support this zoning
change. These modifications are due to the lack of sewer capacity, not a desire of the
developer. The community benefit is commercial uses can be developed on this tract
that are convenient for the nearby residential developments.
Concept Plan Supporting Information
1. What is the Range of future building heights?
10 to 35’
2. Provide a general statement regarding the proposed drainage.
The storm water runoff from this property drains, into the Wellborn Road right of
way. Storm water detention will be provided when the property develops to meet the
requirements of the UDO and TxDOT
3. List the general bulk or dimensional variations sought.
No dimensional variations are sought, just the uses presented on the Concept Plan
that are in addition to the allowed uses in Wellborn Commercial. A proposed buffer is
being proposed as a community benefit, as the adjacent uses would not require a
buffer for the commercial zoned uses. The developer also proposes to provide building
material requirements for Wellborn Commercial for some of the building facades that
face Wellborn Road to provide the intended look for the Wellborn Area Businesses.
4. If variations are sought, please provide a list of community benefits and/or innovative design
concepts to justify the request.
The community benefits are to provide low density commercial uses that are
compatible with the Wellborn community and nearby residents to provide services
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that are not currently available in this area. These commercial uses do not exceed the
existing sewer capacity available in the existing sewer system. A proposed buffer is
being proposed as a community benefit, as the adjacent uses would not require a
buffer for the commercial zoned uses. The developer also proposes to provide building
material requirements for Wellborn Commercial for some of the building facades that
face Wellborn Road to provide the intended look for the Wellborn Area Businesses.
5. Explain how the concept plan proposal will constitute and environment of sustained stability
and will be in harmony with the character of the surrounding area.
The proposed zoning will allow for commercial uses of such a scale that they are in
harmony with the existing commercial uses located along Wellborn Road in the
Wellborn Community. A proposed buffer is being proposed as a community benefit, as
the adjacent uses would not require a buffer for the commercial zoned uses. The
developer also proposes to provide building material requirements for Wellborn
Commercial for some of the building facades that face Wellborn Road to provide the
intended look for the Wellborn Area Businesses.
6. Explain how the proposal is in conformity with the policies, goals, and objectives of the
Comprehensive plan.
The zoning change will help fulfill the goal of the Wellborn Community Plan to
establish a community of rural character positioned for contextually appropriate
growth that embodies and sustains the uniqueness and history of the area. It will also
provide needed commercial development adjacent to the Wellborn Road
Thoroughfare.
7. Explain how the concept plan proposal is compatible with existing or permitted uses on abutting
sites and will not adversely affect adjacent development.
The plan is anticipated to offer a variety of commercial land uses compatible with the
larger Wellborn Community. A proposed buffer is being proposed as a community
benefit, as the adjacent uses would not require a buffer for the commercial zoned
uses. The developer also proposes to provide building material requirements for
Wellborn Commercial for some of the building facades that face Wellborn Road to
provide the intended look for the Wellborn Area Businesses.
8. State how dwelling units shall have access to a public street if they do not front on a public
street.
No dwelling unit are proposed, just commercial uses.
9. State how the development has provided adequate public improvements, including, but not
limited to: parks, schools, and other public facilities.
No public facilities are proposed for this development.
10. Explain how the concept plan proposal will not be detrimental to the public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity.
Page 122 of 125
The additional uses are being requested because they are low impact uses that will
complement the surrounding residents of the Wellborn area. The proposed uses can
be developed in accordance with the City requirements will not be detrimental to the
public health, safety, welfare or be mentally injurious to or improvements in the
vicinity. This plan is intended to provide for low-density commercial uses that provide
services to nearby neighborhoods. Such uses shall be limited in size and not
accommodate drive-thru services. Specific design elements should be incorporated
into such developments to limit the visual impact on the community and enhance the
defined character.
11. Explain how the concept plan proposal will not adversely affect the safety and convenience of
vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected
to be generated by the proposed use and other uses reasonable anticipated in the area
considering existing zoning and land uses in the area.
A Traffic Impact Analysis was prepared and it addresses the traffic impacts anticipated
for this development. The recommendations in this analysis address the vehicular
safety and convenience aspects for this development. Wellborn Road is a rural
highway section so there are no existing pedestrian or bicycle facilities
Page 123 of 125
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WELLBORN ROADFM 2154CONCEPT PLAN
WHITT TRACTS
7.377 ACRES
ANDREW McMAHON SURVEY, A-167
COLLEGE STATION, BRAZOS COUNTY, TEXAS
TBPE NO. 12327911 SOUTHWEST PKWY E.College Station, Texas 77840
(979) 764-3900
ENGINEER:OWNER:
David Whitt
1 Hickory Hills Drive
Texarkana, Texas 75503
(903) 824-1318
SCALE: 1"=60'JANUARY 2020
VICINITY MAP
NOT TO SCALE WELLBORN ROADBUTTE DRIVE BARRON CUT-OFF ROADMCCULLOUGH ROAD·
··
··
·
··
··
··
··
···
·
·
··
··
·
SURVEYOR:
Brad Kerr, RPLS # 4502
Firm # 10018500
Kerr Surveying, LLC409 N. Texas Avenue
Bryan, Texas 77803
(979) 268-3195
ROW
DEDICATION
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