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HomeMy WebLinkAbout03/09/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular 1101 Texas Ave, College Station, TX 77840 March 9, 2020 6:00 PM City Hall Council Chambers College Station, TX Page 1    1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Workshop Agenda other than those items posted for Executive Session shall register with the City  Secretary prior to the meeting being called to order. Registration forms are available in the Office of  the City Secretary. Upon stepping to the podium the speaker must state their name and city of  residence, including the state of residence if the city is located out of state. Speakers are  encouraged to identify their College Station neighborhood or geographic location. An individual  speaking on a Consent Agenda item on the Workshop agenda may not speak on that item at the  Regular Meeting on the same day. Each speaker’s remarks are limited to three (3) minutes. An  individual speaking on multiple Consent Agenda items must speak on all items when the speaker is  called to the podium. An individual speaking on multiple Consent Agenda items will have three (3)  minutes to speak on the first item and one (1) additional minute to speak per each additional item  regardless of the number of items they wish to address. Any speaker addressing the Council  through the use of a translator may speak for six (6) minutes and in the case of Consent Agenda  items an additional two (2) minutes per item. An individual may speak for ten (10) minutes on behalf  of a group of five (5) or more. The five (5) or more individuals must sign the registration form and  must be present when the speaker is introduced. Those signing may not speak individually. A  speaker who wishes to include computer­based information while addressing the Council must  provide the electronic file to the City Secretary by noon on the day of the Council meeting. During  each speaker’s remarks a timer light will change from green to yellow when there is thirty seconds  remaining. The speaker must conclude their remarks when the timer light changes from yellow to  red.  2.Presentation  • Presentation proclaiming March 2020 as National Social Work Month.  • Presentation proclaiming March 10th as Histotechnology Professions Day.     3.Hear Visitors     During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of  operational concern shall be directed to the City Manager.  4.Consent Agenda  During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on consent agenda items which consists of  ministerial or "housekeeping" items required by law. Items may be removed from the consent  agenda by majority vote of the Council.  Page 1 of 342 City Council  City Council Regular Page 2 March 9, 2020 4.1.Presentation, discussion, and possible action of minutes for: • February 27, 2020 Workshop Meeting • February 27, 2020 Regular Meeting • February 28, 2020 Joint Meeting  Sponsors:Tanya Smith   Attachments:1.RM022720 DRAFT Minutes 2.WKSHP022720 DRAFT Minutes 3.JM022820 DRAFT Minutes 4.2.Presentation, discussion, and possible action in regards to an award for the annual purchase  of Replacement Outdoor Breakers for Substations, which will be maintained in electrical  inventory and expended as needed. The total recommended award is for an amount not to  exceed $103,150.  Sponsors:Mary Ellen Leonard  Attachments:1.19300317 R1 Renewal Ltr 4.3.Presentation, discussion, and possible action on bid award for the annual price agreement of  electric Single Phase Transformers, which will be maintained in electrical inventory and  expended as needed. The total recommended award is for Three Hundred Fifty Eight  Thousand, Seven Hundred Seventy dollars and zero cents ($358,770) for the purchase of  Electric Single Phase Transformers from KBS Electric Distribution.  Sponsors:Mary Ellen Leonard  Attachments:1.20­017 Bid Award 022720 4.4.Presentation, discussion, and possible action of a resolution stating that the City Council has  reviewed and approved the City's Continuing Disclosure Policy and Procedures.  Sponsors:Mary Ellen Leonard   Attachments:1.RES Contin Disclos Policy 2 2.Fiscal Manual ­ Continuing Disclosure Policy and Procedures 3.Financial Obligations Master List 4.Continuing Disclosure Routing Sheet 4.5.Presentation, discussion, and possible action regarding a resolution approving an agreement  for construction, maintenance and operation of continuous lighting systems between the City  of College Station and the State of Texas, acting through the Texas Department of  Transportation (TXDOT).  Sponsors:Emily Fisher  Attachments:1.Traffic TEA22_CoCS (FM2818_FM 2154 to FM 2347) 2.resolution continuous lighting FM 2818 4.6.Presentation, discussion, and possible action on renewing a General Service Contract with  Emergicon, LLC to provide ambulance billing, accounts receivable and delinquent account  collection services for an annual not­to­exceed amount of $155,000.  Sponsors:Mary Ellen Leonard  Attachments:1.Contract 18300157 Ambulance Billing Ren2 Page 2 of 342 City Council  City Council Regular Page 3 March 9, 2020    5.Regular Agenda     During the Regular Agenda an individual may address the City Council on any Regular Agenda  item including those items not posted for Public Hearing. For those items posted for a Public  Hearing. If the City Council needs additional information from the general public after the Public  Hearing is closed some limited comments may be allowed at the discretion of the Mayor.  5.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning a portion of a 10­foot and 15­foot Public Utility Easement dedicated in Volume  1887, Page 239, of the Deed Records of Brazos County, Texas and lying within Lot 6A, Block  1 of the Cooner Addition, a subdivision recorded in Volume 124, Page 553, of the Deed  Records of Brazos County, Texas.  Sponsors:Debbie Stickles    Attachments:1.Abandonment Ordinance 2.26.2020 2.Exhibit A 2.26.2020 3.Vicinity Map 4.Location Map 2.26.2020 5.Application 5.2.Public Hearing, presentation, discussion, and possible action regarding an ordinance  amending Appendix A, “Unified Development Ordinance,” Article 4, "Zoning Districts,” Section  4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by  changing the zoning district boundaries from 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.   Sponsors:Laura Gray   Attachments:1.Ordinance 2.Background Information 3.Vicinity, Aerial, & Small Area Map 4.Rezoning Exhibit 5.Applicant's Supporting Information 6.Concept Plan 5.3.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 “Single­Family  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).   Sponsors:Jade Broadnax   Attachments:1.NCO Process Handbook 2.Section 3.3 NCO Redlines 3.Section 4.1 NCO Redlines 4.Section 5.11 NCO Redlines 5.Section 7.2 NCO Redlines 6.Section 8.3 NCO Redlines 7.NCO Ordinance (clean) Page 3 of 342 City Council City Council Regular Page 4 March 9, 2020 5.4.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.  Sponsors:Anthony Armstrong Attachments:1.Ordinance 2.Section 5.2 Residential Dimensional Standards Redline 3.Section 5.6 Retired Dimensional Standards Redline 4.Section 6.5 Accessory Uses Redline 5.Section 11.2 Defined Terms Redline 5.5.Public  Hearing,  presentation, discussion,  and  possible  action  regarding  an  ordinance  amending  Chapter  8,  “Businesses,”  Article  VIII  “Mobile  Food  Vendors”  of  the  Code  of  Ordinances.  Sponsors:Rachel Lazo Attachments:1.CH 8 Art VIII MFV Ordinance 5.6.Presentation, discussion, and possible action regarding approval of Amendment No. 1 to the  Construction  Manager  at  Risk  (CMAR)  contract  with  Core  Construction  accepting  the  Guaranteed Maximum Price (GMP) of $1,332,208 for site improvements for the new city hall  project. Sponsors:Emily Fisher Attachments:1.Amendment No. 1_CMAR City Hall Project 19300095 5.7.Presentation,  discussion,  and  possible  action  regarding  approval  of  a  contract  with  Larry  Young  Paving,  Inc.  in  the  amount  of  $2,639,117  for  the  construction  of  the  Francis  Drive  Rehabilitation Project. Sponsors:Emily Fisher Attachments:1.Francis Drive Project Location 2.Tabulation_Summary 6.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council 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.  7.Adjourn. The City council 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 March 5, 2020 at 5:00 p.m.   City Secretary Page 4 of 342 City Council City Council Regular Page 5 March 9, 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.” Page 5 of 342 March 9, 2020 Item No. 4.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • February 27, 2020 Workshop Meeting • February 27, 2020 Regular Meeting • February 28, 2020 Joint Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.RM022720 DRAFT Minutes 2.WKSHP022720 DRAFT Minutes 3.JM022820 DRAFT Minutes Page 6 of 342 RM022720 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION FEBRUARY 27, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff:Student Liaison Bryan Woods, City Manager Jacquelyn Askew, Municipal Affairs Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 6:22 p.m. on Thursday, February 27, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Presentation Proclamation recognizing the Brazos Valley African American Museum's leadership throughout February, designated as Black History Month. Mayor Mooney presented the proclamation celebrating the Brazos Valley African American Museum to Mildred Davis, Hendrix Broussard, and Jennifer Hasan. Presentation proclaiming March 2020 as Bleeding Disorders Awareness Month. Mayor Mooney presented a proclamation to Rachel Buchanan, TAMU Senior, to proclaim March 2020 as Bleeding Disorders Awareness Month. 3.Hear Visitors Comments There were no visitors. Page 7 of 342 RM022720 Minutes Page 2 4.CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for: February 6, 2020 Special Meeting February 7, 2020 Special Meeting (Retreat) February 10, 2020 Workshop Meeting February 10, 2020 Regular Meeting 4.2. Presentation, discussion, and possible action regarding Resolution No. 02-27-20-4.2 authorizing a License Agreement with The Standard at College Station, LLC pertaining to the approximately 0.23 square foot and 1 square foot building encroachments, respectively, into the Boyett Street right-of-way located at Lot 12, Block 12 of the W.C. Boyett Estate Partition, according to the plat recorded in Volume 100, Page 440 of the Official Records of Brazos County, Texas. 4.3. Presentation, discussion, and possible action on a bid award for the annual price agreement of electric Single Phase Transformers, which will be maintained in electrical inventory and expended as needed. The total recommended award is $358,770 for the purchase of Electric Single Phase Transformers from KBS Electric Distribution. 4.4. Presentation, discussion, and possible action on a renewal of an award for the annual blanket purchase of Di-Electric Switchgears, which will be maintained in electrical inventory and expended as needed. The total recommended renewal is for an amount not to exceed $592,895. 4.5. Presentation, discussion, and possible action on the second reading of Ordinance No. 2020- 4156 a franchise agreement with Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste, for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations within the city limits of College Station. 4.6. Presentation, discussion, and possible action on the second reading of Ordinance No. 2020- 4157 a franchise agreement with Maroon Dumpsters, LLC, for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations within the city limits of College Station. 4.7. Presentation, discussion, and possible action regarding a professional services contract with Freese and Nichols, Inc. (FNI) in the amount of $150,000 for completion of a comprehensive Water and Wastewater Rate Structure Study for the City of College Station. 4.8. Presentation, discussion, and possible action regarding a professional services contract with Freese and Nichols, Inc. (FNI) in the amount of $136,500 for the completion of water well field collection system modeling and rehabilitation of Water Wells No. 1 and No. 2 for the City of College Station. 4.9. Presentation, discussion, and possible action regarding Resolution No. 02-27-20-4.9 to authorize the filing and execution of Water Rights Application to amend TCEQ Water Use Permit No. 5913 related to the Groundwater Based Return Flow Supply Agreement with Pebble Creek Interests, L.L.C. Page 8 of 342 RM022720 Minutes Page 3 4.10. Presentation, discussion, and possible action regarding Resolution No. 02-27-20-4.10 to authorize the filing and execution of Water Rights Application to amend TCEQ Water Use Permit No. 5913 related to the Groundwater Return Flow Option Agreement and the Groundwater Return Flow Purchase Agreement entered into by the City with Blanchard Refining Company, L.L.C. 4.11. Presentation, discussion, and possible action regarding the award of an Annual Price Agreement for the Dielectric Testing of Electric Utility vehicles, tools, and Personal Protective Equipment (PPE), to Titan Utility Services. The total recommended award is for an amount not to exceed $132,052. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 5.REGULAR AGENDA 5.1. Presentation, discussion, and possible action regarding Ordinance No. 2020-4158 amending Section 38-19, “Use of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle". Brandy Norris, Assistant Police Chief, stated that driver inattention while using wireless communication devices is a safety concern. The State Legislature passed a State Law regulating the use of these devices while driving, but it allows for drivers to change their music, use their GPS or send or receive emergency messages. Mrs. Norris, explained that city ordinance cannot preempt state law, but presented an ordinance that can be implemented which would require hands free use to talk on devices. Total Budgetary Impact •Cost to purchase and install new signs to meet state law requirement - $29,400 •Cost to purchase and install signs at every entrance to the city - $84,000 At approximately 6:44 p.m., Mayor Mooney opened the Citizens Comments. Jacquelyn Askew, College Station, came before Council on behalf of the Student Body of Texas A&M, to support the hands free ordinance but asked if there is a warning period, and what enforcement from our police department. There being no further comments, the Citizens Comments was closed at 6:45 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4158 amending Section 38-19, “Use of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle." The motion carried unanimously. 5.2 Presentation, discussion, and possible action regarding the appointment of a representative to the Keep Brazos Beautiful Board. Page 9 of 342 RM022720 Minutes Page 4 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to appoint Alyssa Halle-Schramm, Long Range Planning Administrator with Planning and Development Services to the Keep Brazos Beautiful Board. The motion carried unanimously. 6.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council 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. Councilmember Brick requested a future agenda item on a Council ethics policy. 7.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 6:56 p.m. on Thursday, February 27, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 10 of 342 WKSHP022720 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION FEBRUARY 27, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 3:04 p.m. on Thursday, February 27, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. City Hall Ground Breaking Mayor Mooney recessed the Workshop Meeting at 3:04 p.m. The Workshop Meeting reconvened at 3:52 p.m. 3. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, and §551.074-Personnel the College Station City Council convened into Executive Session at 3:52 p.m. on Thursday, February 27, 2020 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and Page 11 of 342 WKSHP022720 Minutes Page 2 McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B. Deliberation on the purchase, exchange, lease, or value of real property; to wit: 2611 Texas Avenue South in the City of College Station, Texas. C.Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 5:42 p.m. 4. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 5. Presentation, possible action and discussion on items listed on the consent agenda. Item 4.7 was pulled from Consent for clarification. (4.7): Gary Mechler, Director of Water Services, gave a brief explanation of the Comprehensive Water and Wastewater Rate Structure Study contract with Freese and Nichols, Inc. 6. Workshop 6.1 Presentation, discussion, and possible action regarding the annual traffic contact report required by Senate Bill 1074 of the Texas 77th legislative session. Billy Couch, Assistant Chief of Police, stated that each year, in an effort to remain transparent to our community, the Police department employs an independent consultant to analyze traffic contact data and develop this report. The report indicates that the department is in compliance with state law and continues to employ best practice strategies. Summary of Findings •While annual variance can be expected due to an ever changing environment, a historical review of data reveals remarkable similarities in data analysis across the most recent 10 years of data. •Overall, the comprehensive analysis of data demonstrates that the College Station Police Department has complied with the Texas Racial Profiling Law and all of its requirements. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to accept the annual traffic Page 12 of 342 WKSHP022720 Minutes Page 3 contact report required by Senate Bill 1074 of the Texas 77th legislative session. The motion carried unanimously. 6.2 Presentation, discussion, and possible action regarding an overview of the appropriateness of aesthetic tools such as zoning overlays at key City gateways. Jennifer Prochazka, Planning & Development Director, stated that this item was requested by the City Council on information related to the appropriateness of zoning overlays and other tools for aesthetic enhancement at key entryways to the City. Direction is needed promptly to be considered during the updating of the Comprehensive Plan. OV Overlay Zoning •Increased setbacks •Building colors •Limited sign height •Limitation on fuel sales Mrs. Prochazka explained that these aesthetic tools such as zoning overlays at key City gateways will help to enhance the overlays. There are incentives to help with the setbacks and regulations. Council directed staff to continue to pursue improved aesthetics inside the city limits and have open dialog with landowners in the extra territorial jurisdiction. 7. Council Calendar Council reviewed the calendar. 8. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). No discussion. 9. Adjournment Page 13 of 342 WKSHP022720 Minutes Page 4 There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 6:12 p.m. on Thursday, February 27, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 14 of 342 JM022820 Minutes Page 1 MINUTES OF THE CITY COUNCIL & P&Z COMMISSION JOINT MEETING CITY OF COLLEGE STATION FEBRUARY 28, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney P&Z: Elizabeth Cunha Bobby Mirza William Gunnels Joe Guerra, Jr. Bill Mather Jeremy Osborne City Staff: Bryan Woods, City Manager Carla Robinson, City Attorney Ian Whittenton, Deputy City Secretary Jennifer Prochazka, Planning & Development Director Kristen Hejny, Planning Administrative Support Specialist 1. Call to Order and Announce a Quorum is Present With a quorum present, the Joint Meeting of the College Station City Council was called to order by Mayor Mooney at 9:05 a.m. on Friday, February 28, 2020 in the Public Meeting Room of Larry J. Ringer Library at 1818 Harvey Mitchell Pkwy S. in College Station, Texas. 2. Joint Meeting Agenda 2.1. Presentation and discussion regarding an overview of Impact Fees, to include the Impact Fee Credit Policy and Collection Rates. Carol Cotter, City Engineer, gave and overview of this Council’s requested item on Impact Fees. She stated that impact fees are governed by chapter 395 of the Local Government Code (LGC) and shift a portion of Capital infrastructure costs from existing utility and tax payers to new growth. They are designed to be proportional to the development impact and limited to major system components of water, wastewater, roadway and drainage. Page 15 of 342 JM022820 Minutes Page 2 The City has impact fees for roadways, water and wastewater which contribute partial funding for respective infrastructure. Impact fees are calculated from Land use and 10-year growth projections. An Impact Fee CIP is developed from associated facilities on Thoroughfare Plan and Utility Master Plans, the maximum eligible impact fee is calculated, and respective ad valorem or rate credit discount applied. In 2016, City adopted maximum allowable fees and imposed a reduced Collection Rate. System-Wide Impact Fees Collection Rates Water $500/LUE Wastewater $3,500/LUE Roadway $375/SU Res ($1500 SF) $80/SU Non-Res Mrs. Cotter gave a summary on the Impact Fee Credit Policy which included the processes of preliminary determination, requests for credit, finalized credit based on verification of costs, application for credit, and the staff working with the developer to allocate credit. Credits do have an expiration and transfers of credits are prohibited with no retroactive application allowed. She clarified that credit for construction of projects on Impact Fee CIPs over and above that required by development are approved by council, and credit for existing capacity for redevelopment projects is administered by staff. The meeting recessed at 10:01 a.m. The meeting resumed at 10:17 a.m. A consensus of council expressed the desire have staff bring back information related to raising the collection rate, including various scenarios evaluation collections rates as they relate to costs to a single family home, the city’s tax rate, along with a potential rollout schedule. 3. Adjournment. There being no further business, Mayor Mooney adjourned the Joint Meeting of the College Station City Council at 11:40 a.m. on Friday, February 27, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 16 of 342 March 9, 2020 Item No. 4.2. Award of Annual Purchase of Outdoor Breakers Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action in regards to an award for the annual purchase of Replacement Outdoor Breakers for Substations, which will be maintained in electrical inventory and expended as needed. The total recommended award is for an amount not to exceed $103,150. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the award to WESCO Distribution, for an amount not to exceed $103,150. Summary: One (1) competitive bid was received and opened on December 18, 2018. Electric staff evaluated the bid for compliance to the needed specifications. Award is being recommended to WESCO Distribution, as WESCO Distribution meets the requirements and specifications of the bid. This annual purchase agreement may be renewed for up to two (2) additional one (1) year terms [for a total of three (3) years]. Upon Council approval, a blanket order will be issued to the vendor recommended for award. The materials will be placed and maintained in the electrical inventory and expensed as needed. Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.19300317 R1 Renewal Ltr Page 17 of 342 Page 18 of 342 Page 19 of 342 March 9, 2020 Item No. 4.3. Annual Price Agreement for Electric Single Phase Transformers Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on bid award for the annual price agreement of electric Single Phase Transformers, which will be maintained in electrical inventory and expended as needed. The total recommended award is for Three Hundred Fifty Eight Thousand, Seven Hundred Seventy dollars and zero cents ($358,770) for the purchase of Electric Single Phase Transformers from KBS Electric Distribution. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the award to the lowest responsible bidder which met the specifications as follows: KBS Electrical Distribution $358,770.00 Summary: On January 28, 2020, nine (9) sealed bids were received and opened for the Invitation to Bid, 20-017 for the purchase of Electric Single Phase Transformers. Electric staff evaluated the bids for compliance to the needed specifications and recommended awarding the contract to a single vendor, KBS Electrical Distribution. The bids submitted by Wesco and Anixter had lower pricing but did not meet the Single Phase Transformers requirements and were therefore not considered for this award. Upon Council approval, a blanket order will be issued to KBS Electrical Distribution for the period of one year, with the option of two (2) one year renewals. The materials will be placed and maintained in the Electrical inventory and expensed as needed. Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund. Various projects may be expenses as supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.20-017 Bid Award 022720 Page 20 of 342 BID#20-017 SPECIFICATIONS FOR PHASE 1 TRANSFORMERS BID #20-017 SINGLE PHASE PAD-MOUNT DISTRIBUTION TRANSFORMERS Line #Description QTY UOM $/Unit Extended $/Unit Extended $/Unit Extended $/Unit Extended 1 No Load Loss (Watts)51.00 Item:1 (285-086-00031)(Watts)329.00 Per description for corresponding item number 2,787.86$ 2,593.23$ 2,655.51$ Total 40 EA 1,825.26$ 73,010.40$ 1,651.55$ 66,062.00$ 1,818.95$ 72,758.00$ 1,794.00$ 71,760.00$ 2 No Load Loss (Watts) 71.00 65.00 Item:2 (285-086-00059)(Watts)435.00 494.00 Per description for corresponding item number 3,330.12$ 3,042.21$ 3,153.62$ 3,295.44$ Total 30 EA 1,953.68$ 58,610.40$ 1,785.57$ 53,567.10$ 2,035.78$ 61,073.40$ 1,919.00$ 57,570.00$ 3 No Load Loss (Watts) 65.00 83.00 84.00 Item:3 (285-086-00032)(Watts)577.00 559.00 577.00 Per description for corresponding item number 3,720.74$ 3,469.60$ 3,673.46$ 3,742.88$ Total 20 EA 2,148.42$ 42,968.40$ 1,881.44$ 37,628.80$ 2,264.26$ 45,285.20$ 2,109.00$ 42,180.00$ 4 No Load Loss (Watts) 102.00 91.00 121.00 102.00 Item:4 (285-086-00061)(Watts)525.00 436.00 431.00 525.00 Per description for corresponding item number 3,515.79$ 3,199.06$ 3,492.35$ 3,480.48$ Total 10 EA 1,946.31$ 19,463.10$ 1,875.26$ 18,752.60$ 2,083.15$ 20,831.50$ 1,911.00$ 19,110.00$ 5 No Load Loss (Watts) 139.00 133.00 Item:5 (285-086-00033)(Watts)625.00 709.00 Per description for corresponding item number 2,511.57$ 4,149.07$ 2,589.36$ 4,568.16$ Total 30 EA 2,104.16$ 63,124.80$ 2,223.71$ 66,711.30$ 1,970.44$ 59,113.20$ 2,464.00$ 73,920.00$ 6 No Load Loss (Watts) 142.00 151.00 Item:6 (285-086-00034)(Watts)961.00 940.00 Per description for corresponding item number 5,577.11$ 5,327.02$ 7,869.58$ 5,524.64$ Total 20 EA 2,869.47$ 57,389.40$ 2,598.98$ 51,979.60$ 4,155.78$ 83,115.60$ 2,817.00$ 56,340.00$ 7 No Load Loss (Watts) 238.00 257.00 Item:7 (285-086-00035)(Watts)1200.00 1321.00 Per description for corresponding item number -$ 6,937.14$ -$ 7,739.24$ Total 10 EA NO BID -$ 3,334.02$ 33,340.20$ NO BID -$ 3,789.00$ 37,890.00$ GRAND TOTAL FOR BID #20-017 $ 314,566.50 $ 328,041.60 $ 342,176.90 $ 358,770.00 Recommended award 25 kVA ANSI Type I 37.5 kVA ANSI Type I 50 kVA ANSI Type I 100 kVA ANSI Type I 50 kVA ANSI Type II 75 kVA ANSI Type I 167 kVA ANSI Type I 13 13 13 13 13 10-12 Total Owning Cost 10-12 Total Owning Cost Delivery (Weeks) 0.000.00 00 0.000.00 Delivery (Weeks) Total Owning Cost 1181.00940.00 12-14 10-12 286.00151.00 Delivery (Weeks)12-14 629.00709.00 12-1412-14 10-12 150.00133.00 Delivery (Weeks) Total Owning Cost Total Owning Cost blankDelivery (Weeks)blank 431.00 12-1412-14 10-12 121.00 Delivery (Weeks)13 Total Owning Cost 335.00494.00 101.0065.00 12-1413 10-12 Total Owning Cost 13 2,756.60$ 71.0056.00 331.00257.00331.00 56.00 10-12 ANIXTER 1 KBSWESCO Dist #2 Delivery (Weeks) WESCO Distr 12-1412-14 BID#20-017 PRICING SHEET Page 21 of 342 BID#20-017 SPECIFICATIONS FOR PHASE 1 TRANSFORMERS BID #20-017 SINGLE PHASE PAD-MOUNT DISTRIBUTION TRANSFORMERS Line #Description QTY UOM 1 No Load Loss (Watts) Item:1 (285-086-00031)(Watts) Per description for corresponding item number Total 40 EA 2 No Load Loss (Watts) Item:2 (285-086-00059)(Watts) Per description for corresponding item number Total 30 EA 3 No Load Loss (Watts) Item:3 (285-086-00032)(Watts) Per description for corresponding item number Total 20 EA 4 No Load Loss (Watts) Item:4 (285-086-00061)(Watts) Per description for corresponding item number Total 10 EA 5 No Load Loss (Watts) Item:5 (285-086-00033)(Watts) Per description for corresponding item number Total 30 EA 6 No Load Loss (Watts) Item:6 (285-086-00034)(Watts) Per description for corresponding item number Total 20 EA 7 No Load Loss (Watts) Item:7 (285-086-00035)(Watts) Per description for corresponding item number Total 10 EA GRAND TOTAL FOR BID #20-017 25 kVA ANSI Type I 37.5 kVA ANSI Type I 50 kVA ANSI Type I 100 kVA ANSI Type I 50 kVA ANSI Type II 75 kVA ANSI Type I 167 kVA ANSI Type I Total Owning Cost Total Owning Cost Delivery (Weeks) Delivery (Weeks) Total Owning Cost Delivery (Weeks) Delivery (Weeks) Total Owning Cost Total Owning Cost Delivery (Weeks) Delivery (Weeks) Total Owning Cost Total Owning Cost Delivery (Weeks) $/Unit Extended $/Unit Extended $/Unit Extended $/Unit Extended 10-12 56.00 331.00 2,807.28$ 1,844.68$ 73,787.20$ 1,781.44$ 71,257.60$ 1,789.00$ 71,560.00$ 1,727.00$ 69,080.00$ 65.00 101.00 494.00 335.00 3,350.91$ 3,111.65$ 3,112.84$ 3,065.12$ 1,974.47$ 59,234.10$ 1,993.81$ 59,814.30$ 1,995.00$ 59,850.00$ 1,975.00$ 59,250.00$ 84.00 121.00 577.00 431.00 3,805.16$ 3,627.76$ 3,531.04$ 2,171.28$ 43,425.60$ 2,218.56$ 44,371.20$ 2,220.00$ 44,400.00$ 2,265.00$ 45,300.00$ 102.00 121.00 525.00 431.00 3,536.50$ 3,449.41$ 3,332.92$ 1,967.02$ 19,670.20$ 2,040.21$ 20,402.10$ 2,040.00$ 20,400.00$ 2,022.00$ 20,220.00$ 133.00 150.00 709.00 629.00 4,642.46$ 4,504.46$ 4,541.32$ 2,538.30$ 76,149.00$ 2,534.02$ 76,020.60$ 2,540.00$ 76,200.00$ 2,627.00$ 78,810.00$ 151.00 204.00 940.00 735.00 5,607.64$ 5,445.04$ 5,499.48$ 2,900.00$ 58,000.00$ 3,049.48$ 60,989.60$ 3,056.00$ 61,120.00$ 3,214.00$ 64,280.00$ 257.00 286.00 1321.00 1181.00 7,858.75$ 7,783.90$ 7,699.92$ 3,908.51$ 39,085.10$ 4,070.10$ 40,701.00$ 4,066.00$ 40,660.00$ 4,464.00$ 44,640.00$ $ 369,351.20 $ 373,556.40 $ 374,190.00 $ 381,580.00 ANIXTER 2 13 10-12 10-12 10-12 10-12 10-12 7,779.80$ 1181.00 903.00 286.00 341.00 12-14 12-14 10-12 5,451.56$ 12-14 12-14 10-12 204.00 213.00 735.00 676.00 4,510.44$ 629.00 586.00 150.00 164.00 12-14 12-14 10-12 3,449.20$ 12-14 12-14 10-12 121.00 130.00 431.00 377.00 3,629.20$ 431.00 347.00 121.00 138.00 12-14 12-14 10-12 12-14 10-12 335.00 326.00 101.00 99.00 12-14 2,618.00$ 2,625.56$ 2,532.52$ 257.00 257.00 241.00 71.00 71.00 74.00 12-14 12-14 10-12 Tx Electric Coop KBS #2 TECHLINE BID#20-017 PRICING SHEET Page 22 of 342 BID#20-017 SPECIFICATIONS FOR PHASE 1 TRANSFORMERS BID #20-017 SINGLE PHASE PAD-MOUNT DISTRIBUTION TRANSFORMERS Line #Description QTY UOM 1 No Load Loss (Watts) Item:1 (285-086-00031)(Watts) Per description for corresponding item number Total 40 EA 2 No Load Loss (Watts) Item:2 (285-086-00059)(Watts) Per description for corresponding item number Total 30 EA 3 No Load Loss (Watts) Item:3 (285-086-00032)(Watts) Per description for corresponding item number Total 20 EA 4 No Load Loss (Watts) Item:4 (285-086-00061)(Watts) Per description for corresponding item number Total 10 EA 5 No Load Loss (Watts) Item:5 (285-086-00033)(Watts) Per description for corresponding item number Total 30 EA 6 No Load Loss (Watts) Item:6 (285-086-00034)(Watts) Per description for corresponding item number Total 20 EA 7 No Load Loss (Watts) Item:7 (285-086-00035)(Watts) Per description for corresponding item number Total 10 EA GRAND TOTAL FOR BID #20-017 25 kVA ANSI Type I 37.5 kVA ANSI Type I 50 kVA ANSI Type I 100 kVA ANSI Type I 50 kVA ANSI Type II 75 kVA ANSI Type I 167 kVA ANSI Type I Total Owning Cost Total Owning Cost Delivery (Weeks) Delivery (Weeks) Total Owning Cost Delivery (Weeks) Delivery (Weeks) Total Owning Cost Total Owning Cost Delivery (Weeks) Delivery (Weeks) Total Owning Cost Total Owning Cost Delivery (Weeks) $/Unit Extended $/Unit Extended $/Unit Extended 4,543.88$ 7,256.00$ 2,129.00$ 85,160.00$ 3,630.00$ 145,200.00$ 6,619.20$ 264,768.00$ 3,568.64$ 5,099.40$ 7,977.45$ 2,312.00$ 69,360.00$ 3,937.00$ 118,110.00$ 7,103.25$ 213,097.50$ 4,047.16$ 5,614.80$ 8,832.20$ 2,459.00$ 49,180.00$ 4,128.00$ 82,560.00$ 7,673.40$ 153,468.00$ 3,766.80$ 5,614.80$ 8,832.20$ 2,443.00$ 24,430.00$ 4,128.00$ 41,280.00$ 7,673.40$ 76,734.00$ 4,940.32$ 7,046.28$ 9,764.20$ 2,878.00$ 86,340.00$ 4,998.00$ 149,940.00$ 8,059.80$ 241,794.00$ 6,245.04$ 8,437.60$ 11,060.40$ 3,517.00$ 70,340.00$ 5,937.00$ 118,740.00$ 9,025.80$ 180,516.00$ 8,618.20$ 10,694.08$ 14,413.30$ 4,664.00$ 46,640.00$ 6,730.00$ 67,300.00$ 11,644.50$ 116,445.00$ $ 431,450.00 $ 723,130.00 $ 1,246,822.50 830.001357.00 1320.00 815 13-15 232.00 262.00 250.00 615.00 8 180.00142.00 200.00 15 13-15 961.00 785.00 530.00705.00 651.00 815 13-15 123.00 158.00 140.00 340.00 8 110.0091.00 118.00 15 13-15 436.00 468.00 340.00559.00 468.00 815 13-15 83.00 118.00 110.00 240.00 95.00 435.00 358.00 71.00 98.00 15 13-15 8.0 3,070.68$ 15 13-15 51.00 65.00 80.00 160.003259.00 298.00 NEXGEN POWERBRANDON CLARK ALAMO 8 BID#20-017 PRICING SHEET Page 23 of 342 March 9, 2020 Item No. 4.4. Continuing Disclosure Policy and Procedures and Resolution Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of a resolution stating that the City Council has reviewed and approved the City's Continuing Disclosure Policy and Procedures. Relationship to Strategic Goals: Good Governance Financial Stability Recommendation(s): Staff recommends review and approval of the resolution. Summary: The Finance Department of the City of College Station, Texas (the “City”) proposes the City formally adopt the attached Continuing Disclosure Policy and Procedures document to strengthen City financial operations. The proposed Continuing Disclosure Policy and Procedures document helps ensure the City’s financial disclosures are fair and accurate, comply with all applicable federal and state securities laws, timely satisfy all contractual obligations, and promotes best practices relating to financial disclosures. The purpose of the Continuing Disclosure Policy and Procedures policy is to establish, maintain, and evidence compliance with the City’s internal procedures, promote compliance with federal and state securities laws, document the process for preparing and reviewing disclosure documents, and assist the City with overall compliance with all of its continuing disclosure undertakings. The City intends to periodically review and modify this document as needed in order to comply with changes in the law or in regulatory requirements to the extent such changes are required or may enhance the City’s performance in this area. This document was prepared in concert with the City’s bond counsel. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.RES Contin Disclos Policy 2 2.Fiscal Manual - Continuing Disclosure Policy and Procedures 3.Financial Obligations Master List 4.Continuing Disclosure Routing Sheet Page 24 of 342 RESOLUTION NO. ________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS ADOPTING A CONTINUING DISCLOSURE POLICY AND PROCEDURES POLICY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Finance Department recommends formalizing certain financial policies of the City in order to strengthen financial operations including the formal adoption of a Continuing Disclosure Policy and Procedures document; and WHEREAS, the City Council of the City of College Station, Texas, determines it to be in the best interests of the general public to adopt this policy and procedures document; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1.That the City Council has reviewed the Continuing Disclosure Policy and Procedures document attached hereto as Exhibit “A” and made a part hereof for all purposes, and hereby approves and adopts said Continuing Disclosure Policy and Procedures for the City of College Station, Texas. SECTION 2.That this Resolution shall take effect immediately from and after the passage hereof. ADOPTED this 12TH day of March, 2020. ________________________________ Karl Mooney, Mayor ATTEST:APPROVED: _________________________ ___________________ Tanya Smith Carla Robinson City Secretary City Attorney Page 25 of 342 2020 Continuing Disclosure Policy and Procedure FISCAL SERVICES CITY OF COLLEGE STATION Page 26 of 342 Continuing Disclosure Policy and Procedures Page | 2 Table of Contents 1.PURPOSE AND INTENT ................................................................................................................................2 2.DEFINITIONS................................................................................................................................................2 3.DISCLOSURE WORKING GROUP ..................................................................................................................4 3.1.DWG CHAIR RESPONSIBILITIES ..............................................................................................................4 3.2.DWG RESPONSIBILITIES.........................................................................................................................5 4.DISCLOSURE PROCEDURES ..........................................................................................................................6 4.1.PRIMARY DISCLOSURE ..........................................................................................................................6 4.2.CONTINUING DISCLOSURE ....................................................................................................................9 4.2.1.AUDITED FINANCIAL STATEMENTS ............................................................................................9 4.2.1.1.ANNUAL REPORT ...............................................................................................................10 4.2.1.2.EVENT NOTICES .................................................................................................................11 4.2.1.3.VOLUNTARY FILINGS WITH EMMA ....................................................................................15 4.2.1.4.RATING AGENCY PRESENTATIONS ....................................................................................15 4.2.1.5.INVESTOR PRESENTATIONS ...............................................................................................16 4.2.1.6.WEBSITE DISCLOSURE .......................................................................................................17 5.ANNUAL REVIEW OF PROCEDURES ...........................................................................................................17 6.ANNUAL TRAINING....................................................................................................................................18 7.RECORD RETENTION .................................................................................................................................18 8.INTERNAL USE ONLY .................................................................................................................................18 9.DISCLOSURE DISSEMINATION AGENT .......................................................................................................18 Page 27 of 342 Continuing Disclosure Policy and Procedures Page | 3 1.PURPOSE AND INTENT It is the stated policy and objective of City of College Station, Texas (the “City”) to (i) ensure that the City’s financial disclosures are fair and accurate, and comply with all applicable federal and state securities laws, (ii) satisfy in a timely manner all contractual obligations undertaken pursuant to the City’s Continuing Disclosure Undertakings in connection with its debt obligations, and (iii) promote best practices relating to financial and operating disclosures by the City. This Disclosure Policy and Procedures (the “Procedures”) is hereby adopted by the City on the date set forth in this document for the purpose of establishing, maintaining, and evidencing compliance with internal procedures, promoting compliance with federal and state securities laws, documenting the process for preparing and reviewing Disclosure Documents, and assisting the City’s compliance with its Continuing Disclosure Undertakings. It is the intention of the City to modify or amend these Procedures in the future in order to comply with any changes in legal or regulatory requirements to the extent such changes may apply to the City and its obligations, or improve the realization of the purpose and intent of these Procedures. 2.DEFINITIONS Capitalized terms used in these Procedures shall have the meanings set forth below: “Auditor” means the independent outside auditor retained by the City to conduct an annual audit of the City and prepare a report thereon. “Annual Report” means the annual financial information and operating data required to be filed pursuant to the Continuing Disclosure Undertakings. “Annual Review” means the annual evaluation of the Procedures that is performed by the Disclosure Working Group (the “DWG”). “Annual Training” means annual disclosure training for staff and officials of the City involved in preparing or approving the Disclosure Documents. “Audited Financial Statements” means the audited financial statements or comprehensive annual financial reports of the City. “Bond Counsel” means the attorney or law firm retained to provide an opinion regarding the validity of the bonds or other municipal securities described in the Offering Documents. “Continuing Disclosure Undertakings” means the City’s contractual obligations relating to its outstanding securities entered into to permit the underwriters of such securities to comply with the Rule. “Continuing Disclosure Undertakings Master List” means a current list of each Continuing Disclosure Undertaking of the City, identified by name of the issue covered and the CUSIP numbers associated therewith, for which the City remains obligated to advance funds to pay or support the municipal securities covered, together with a Page 28 of 342 Continuing Disclosure Policy and Procedures Page | 4 description of the tables and other matters required in the Annual Report for such Continuing Disclosure Undertaking, the date on or before which the Annual Report and Audited Financial Statements must be filed, a description of information required in any notice of a failure to file the Annual Report and Audited Financial Statements, and a description of each Event Notice which must be filed and whether the event must be filed in a timely manner or within ten business days of the occurrence of the event. The Continuing Disclosure Undertakings Mater List shall also identify all “obligated persons” as defined in the Rule. “Contributors” means those City staff members and officials involved in preparing or approving the Disclosure Documents or additional staff members assigned by the DWG Chair or identified to the DWG Chair by a director or manager of a department, agency, office or other unit of the City, to assist with the review or preparation of one or more sections of a Disclosure Document. “Disclosure Counsel” means the law firm retained by the City to provide advice with respect to the City’s obligations under federal securities law. “Disclosure Document” means any of the City’s documents and materials prepared, issued, or distributed in connection with the City’s disclosure obligations under applicable federal securities laws or that could potentially subject the City to liability under applicable federal securities laws, and shall include, but not be limited to, the following: the Offering Documents; the Annual Report; any filing made by the City with EMMA pursuant to Continuing Disclosure Undertakings, including an Event Notice; any voluntary filing made by the City that is filed on EMMA; investor presentations; rating agency presentations; and any other document that is reviewed and approved in accordance with these Procedures. “Disclosure Working Group” or “DWG” means the City’s , Director of Fiscal Services, Assistant Director of Fiscal Services, Accounting Manager / Controller or the designee of any of the foregoing and the Financial Advisor. “Disclosure Working Group Chair” or “DWG Chair” means the Director of Fiscal Services, or a designee authorized by the Assistant City Manager CFO to act upon the their behalf. “EMMA” means the Electronic Municipal Market Access system maintained by the MSRB. “Event Notice” means a notice for any of the events listed in the Rule and which are listed in Section 4.2.1.2 herein. “Financial Advisor” means an individual or firm providing financial advice to the City, including a municipal advisor. “Financial Obligation” means a: (A) debt obligation; (B) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (C) guarantee of (A) or (B). The term Financial Obligation does not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. Page 29 of 342 Continuing Disclosure Policy and Procedures Page | 5 “Financial Obligations Master List” means a list of the City’s existing Financial Obligations. The Financial Obligations Master List should include for each Financial Obligation listed such terms of the Financial Obligation as may be necessary to comply with the information reporting requirements of event (15) under the Rule and monitoring requirements of event (16) under the Rule. The Financial Obligations Master List should be updated on a continuing basis upon incurrence of each new Financial Obligation or modification of an existing Financial Obligation. “Financing Group” means, the DWG, Bond Counsel, Disclosure Counsel, the Financial Advisor, the Underwriter, counsel to the Underwriter, and any other party engaged by the City to assist in the offer, placement, and sale of the bonds or municipal securities described in an Offering Document. “MSRB” means the Municipal Securities Rulemaking Board. “Offering Documents” means all preliminary and final official statements, offering memoranda and other materials prepared by or for the City, together with any amendments or supplements thereto, for use in connection with the offering of notes, bonds, other municipal securities, or other obligations of the City subject to the antifraud provisions of federal securities law. “Required Date” means the latest date or dates after the end of the City’s fiscal year when the Audited Financial Statements and Annual Report are required to be filed with the MSRB under the City’s Continuing Disclosure Undertakings, as identified by the Continuing Disclosure Undertakings Master List. “Rule” means Securities and Exchange Commission Rule 15c2-12, adopted pursuant to the Securities Exchange Act of 1934, 17 CFR § 240.15c2-12, as amended from time to time. “”Senior City Officials” means Assistant City Manager / CFO, Deputy City Manager or City Manager “Underwriter” means the broker, dealer, or municipal securities dealer offering or placing the bonds or other municipal securities described in the Offering Documents to or with investors. 3.DISCLOSURE WORKING GROUP 3.1.DWG CHAIR RESPONSIBILITIES The DWG Chair is responsible for oversight of compliance with these Procedures. The DWG Chair is the leader of the DWG and responsibilities include: 3.1.1.being the primary point of contact or establishing the primary point of contact regarding issues or information that should or may need to be disclosed in the Disclosure Documents; 3.1.2.assigning or overseeing the assignment of responsibilities and coordinating with Contributors for assembling, drafting, and verifying the accuracy of information in the Disclosure Documents; 3.1.3.establishing the schedule or timing requirements for drafting, reviewing, revising, and approving the Disclosure Documents, including the circulation and review of the draft Page 30 of 342 Continuing Disclosure Policy and Procedures Page | 6 Disclosure Documents; 3.1.4.communicating with senior City Officials regarding the Disclosure Documents; 3.1.5.If designated by Senior City Officials serve or assist in, serving as the spokesperson to investors and the public on questions regarding disclosure matters of the City; 3.1.6.monitoring compliance with these Procedures; 3.1.7.maintaining records demonstrating the City’s compliance with these Procedures; 3.1.8.scheduling and coordinating the Annual Review; 3.1.9.recommending to the governing body of the City, consideration of changes to these Procedures; 3.1.10.maintaining the Continuing Disclosure Undertakings Master List and the Financial Obligations Master List; 3.1.11.scheduling and coordinating the Annual Training; and 3.1.12.filing or causing the filing of Disclosure Documents, including the Audited Financial Statements, the Annual Report, and Event Notices with EMMA by the deadlines stated in the Continuing Disclosure Undertakings. The DWG Chair may designate staff or, upon approval of the City Council, engage the Financial Advisor to assist in the execution of responsibilities above, if appropriate. 3.2.DWG RESPONSIBILITIES The DWG is responsible for compliance with these Procedures and promoting compliance with federal and state securities laws. Responsibilities include the following: 3.2.1.consulting and coordinating with various parties and offices of the City regarding the content of the Disclosure Documents, 3.2.2.determining the content of the Disclosure Documents, 3.2.3.reviewing and revising drafts of the Disclosure Documents including with Bond Counsel and Disclosure Counsel, and 3.2.4.approving the final versions of the Disclosure Documents. The DWG shall meet no less often than annually to fulfill its obligations under these Procedures. The DWG shall also meet prior to the posting of any Disclosure Document relating to the issuance of bonds. The DWG is encouraged to provide suggestions to improve these Procedures and the Disclosure Documents in the Annual Review or as otherwise needed. The DWG may consult with Bond Counsel, Disclosure Counsel, the Financial Advisor, and the Auditor as necessary in connection with carrying out their obligations under these procedures. Contributors, staff and officials must cooperate with the DWG and provide the DWG with any information, assurances or certifications that it deems necessary to ensure that the Disclosure Documents are accurate and complete in all material respects. All information that is discussed and contained in the Disclosure Documents or that is submitted to the DWG for inclusion in the Disclosure Documents should be kept Page 31 of 342 Continuing Disclosure Policy and Procedures Page | 7 confidential, to the extent allowed by law, and may not be transmitted to third parties without the express permission of the DWG. 4.DISCLOSURE PROCEDURES 4.1.PRIMARY DISCLOSURE The following process will be used in connection with reviewing the form and content of Offering Documents and any supplements thereto. DWG CHAIR: OFFERING DOCUMENT REVIEW PROCESS The DWG Chair will coordinate with the Financing Group and the DWG to (i) ensure that all appropriate members of the DWG are included on the distribution lists of the Financing Group, (ii) assign portions of the Offering Documents, including appendices, to Contributors with responsibility for the financial information or operating data described therein, as follows: General Obligation Bond/Certificate of Obligation Bond Offering Documents o Financial Advisor will prepare the initial draft of Offering Document and appendices thereto for review by the DWG and Financing Group and manage the incorporation of comments to the Offering Documents received from DWG, Contributors and the Financing Group. o Assistant Finance Director is responsible for drafting or obtaining information in the Offering Document relating to: (i)compilation of tables, (ii)coordinating a review, with the assistance of the Financial Advisor and Disclosure Counsel, of the City’s compliance with its Continuing Disclosure Undertakings for the past five years and reviewing the information regarding the same in the Offering Document. Such review shall include a review of the Continuing Disclosure Undertakings Master List, the Financial Obligation Master List and the City’s filings with EMMA for the preceding five years to determine whether any failure to comply has occurred, and (iii)information in the Offering Document regarding the operation of the City and any tax increment financing zones, public improvement districts and economic development agreements. o Director of Fiscal Services is responsible for updates to information regarding the City’s hotel occupancy tax in the Offering Document. o Assistant Finance Director is responsible for updating information in the tables in the Offering Document that are compiled from the CAFR. Page 32 of 342 Continuing Disclosure Policy and Procedures Page | 8 o City Attorney will review, and if necessary, consult with City staff and other consultants and attorneys regarding disclosures contained in the Offering Document related to litigation, ongoing investigations and other legal matters, including the section labeled “Litigation” in the Offering Document. o Assistant Finance Director is responsible for the compilation of and information in the self-supporting debt tables in the Offering Document. o Bond Counsel and Disclosure Counsel will review and comment on disclosures related to the ordinance authorizing the debt obligations, the description of the continuing disclosure undertaking and federal income tax considerations contained in the Offering Document. Electric, Waterworks and Wastewater System Revenue Bonds/Drainage System Bonds Offering Document. o Financial Advisor will prepare the initial draft of Offering Document and appendices thereto for review by the DWG and Financing Group and manage the incorporation of comments to the Offering Documents received from DWG, Contributors and the Financing Group. o Assistant Finance Director will update tables relating to water and sewer/drainage revenues and expenditures and the description of the City’s water and sewer system or drainage utility system in the Offering Document and shall send such updates to Director of Fiscal Services for review. o Director of Fiscal Services will sign off on all tables and descriptions of the City’s water and sewer or drainage utility system in the Offering Document. o City Attorney will review, and if necessary, consult with City staff and other consultants and attorneys regarding disclosures contained in the Offering Document related to litigation, ongoing investigations and other legal matters, including the section labeled “Litigation” in the Offering Document. o Bond Counsel and Disclosure Counsel will review and comment on disclosures related to the ordinance authorizing the debt obligations, the description of the continuing disclosure undertaking and federal income tax considerations contained in the Offering Document. Other Offering Documents. o For Offering Documents other than for General Obligation Bonds, Water and Wastewater Revenue Bonds and Drainage Utility System Revenue Bonds, the DWG Chair shall establish procedures similar to those listed above. The DWG Chair will regularly communicate with Senior City Officials throughout each financing, if necessary, and, when approval or execution by a Senior City Official or officials is required Page 33 of 342 Continuing Disclosure Policy and Procedures Page | 9 before distribution, provide an opportunity for questions and discussion of the content of the Offering Documents. If a senior official is required to sign an offering document or disclosure, the DWG Chair will be responsible for ensuring that the Offering Documents are provided to Senior City Officials that are responsible for signing and certifying as to the accuracy of the disclosure in a timely manner to enable them to make such certification. If requested by the governing body of the City or any City official signing the Offering Document or approving its use, the DWG Chair will certify that (i) the Offering Document has been prepared in accordance with these Procedures and (ii) to the knowledge of the DWG and the DWG Chair, the Offering Document is accurate and complete in all material respects and does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading. This process may occur with respect to: (1) posting or other distribution of (i) a preliminary Offering Document, and deeming final thereof, (ii) a final Offering Document, and (iii) any supplement or amendment to a preliminary or final Offering Document, and (2) execution of (i) any purchase agreement or (ii) closing document by an City official containing a representation, warranty, or certification that the Offering Document is accurate and complete in all material respects and does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading. The DWG Chair will keep a record of the Contributors, and other City staff and officials, members of the Financing Group and any other outside consultant that reviewed, drafted, approved, or certified the disclosure in the Offering Documents. DWG: OFFERING DOCUMENT REVIEW PROCESS The DWG will consult with Contributors and other appropriate City staff and officials, the Auditor, Bond Counsel, Disclosure Counsel and other outside consultants, if necessary, regarding the disclosure in the Offering Documents. If an Offering Document will be a “final official statement” as defined in the Rule, the DWG Chair will instruct such members of the DWG and Contributors, in consultation as necessary with Bond Counsel or Disclosure Counsel, to review the Continuing Disclosure Undertakings Master List and the City’s filings with EMMA for the preceding five years to identify whether any failures to comply have occurred. The DWG will consult with Bond Counsel or Disclosure Counsel to determine whether disclosure of any such failures is required in the Offering Document and in consultation with Bond Counsel or Disclosure Counsel, shall draft such disclosure for inclusion in the Offering Document, as is required under federal securities law and submit such draft to the DWG for review and upon approval by the DWG, shall ensure such language is included in the Offering Document. To the extent practicable, remedial filings with respect to any such failures to file shall be prepared and filed in accordance with these Procedures. The DWG will review, revise, and comment on initial and revised drafts of the Offering Document. Page 34 of 342 Continuing Disclosure Policy and Procedures Page | 10 The DWG must approve the final version of an Offering Document prior to approval or execution by the City or a City Official, or posting or distribution when such approval is not required. Before final approval, the DWG must determine that the material facts described therein are consistent with those known to the DWG, and that the final version of the Offering Document (1) does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading, and (2) is accurate and complete in all material respects. Approval of an Offering Document shall be evidenced by written sign-off (which may be delivered by e-mail) from each Contributor with responsibility for the disclosure provided in the Offering Document. Upon receipt of written sign-off, the DWG Chair shall provide the Offering Document to the City or Senior City Official for approval or execution certifying that it has been approved by the DWG. In circumstances in which approval or execution by the City or City official is not required, the DWG Chair will authorize the distribution of the Offering Document. The DWG should retain the written sign-offs received from each Contributor in the records maintained pursuant to these Procedures. It is important to note that the Offering Document must be posted within seven days of the transaction pricing. 4.2.CONTINUING DISCLOSURE In connection with the issuance of municipal securities, the City has entered into (and in the future may enter into) a Continuing Disclosure Undertaking for the benefit of the holders and beneficial owners of the municipal securities of each such issuance, as required by the Underwriters in accordance with the Rule. The City is required to comply with these Continuing Disclosure Undertakings for so long as it remains obligated to advance funds to pay or support the municipal securities covered by the respective Continuing Disclosure Undertaking. Under the Continuing Disclosure Undertakings, the City is obligated to provide (1) annual financial information consisting of (i) Audited Financial Statements and (ii) the Annual Report on or before the date specified in the Continuing Disclosure Undertaking, and notice of any failure to provide such annual financial information, and (2) in a timely manner, notice of any of the events specified in the Continuing Disclosure Undertaking to the MSRB by means of the EMMA system. The DWG maintains the Continuing Disclosure Undertakings Master List of the City. 4.2.1.AUDITED FINANCIAL STATEMENTS The DWG Chair will work with relevant officials of the City to assure that the engagement letter with the Auditor requires completion and delivery by the Auditor of the City’s annual Audited Financial Statements with sufficient time to permit the presentation to and acceptance by the City of the Audited Financial Statements and for the DWG to review and incorporate data and other information provided therein into the Annual Report prior to the respective Required Date. Page 35 of 342 Continuing Disclosure Policy and Procedures Page | 11 The Assistant Finance Director will file the Audited Financial Statements with EMMA upon availability or together with the Annual Report, provided such filing occurs on or before the respective Required Date. If the Audited Financial Statements are not available by the Required Date, the DWG Chair will (i) if required under the City’s Continuing Disclosure Undertakings, arrange for the review by the DWG and filing of unaudited financial statements with such cautionary statements and disclaimers as may be appropriate on or before the Required Date or as soon as practicable thereafter, and (ii) direct the Assistant Finance Director to file, an Event Notice, in conformity with the failure to file notice provisions of the Continuing Disclosure Undertakings, stating that the Audited Financial Statements are not yet available and will not be filed by the Required Date. When the Audited Financial Statements become available, the DWG Chair shall direct the Assistant Finance Director to file such Audited Financial Statements on EMMA. 4.2.1.1.ANNUAL REPORT The DWG Chair will schedule the preparation and drafting of the Annual Report with the DWG in time to file the Annual Report on or before the Required Date. The DWG Chair will assign drafting portions of the draft Annual Report, as appropriate, to DWG members and Contributors with responsibility for the financial information or operating data described therein and indicated to be required by the Continuing Disclosure Undertakings Master List, which includes the following: o The Assistant Finance Director compiles the Annual Report and update the tables for filing on EMMA. The DWG and Contributors review and sign off of the disclosures contained in the Annual Report. o The Director of Fiscal Services then reviews and approves the Annual Report as prepared. o The Assistant City Manager/CFO then approves the final Annual Report as set forth below prior to filings. o When final approval is received from the Assistant City Manager / CFO, the Assistant Finance Director shall file the Annual Report on EMMA. The DWG Chair may engage the assistance of the Financial Advisor or Auditor in undertaking any portion of this responsibility, with the exception of final approval from the Assistant City Manager / CFO. The DWG will review, comment on, and revise the initial and any subsequent drafts of the Annual Report; check, confirm and include or incorporate by reference, as appropriate, information contained in the Audited Financial Statements, and such other reports as required; and consult with appropriate staff and officials, the Auditor, Bond Counsel, Disclosure Counsel, Page 36 of 342 Continuing Disclosure Policy and Procedures Page | 12 and other outside consultants, if necessary, regarding the disclosure in the Annual Report. The DWG must approve of the final version of the Annual Report. Before final approval, the DWG must determine that the material facts described therein are consistent with those known to the DWG, and that the final version of the Annual Report (1) does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading, and (2) is accurate and complete in all material respects. Prior to releasing the Annual Report, the DWG Chair must receive written sign-off (which may be delivered by email) from each member of the DWG with responsibility for the disclosure provided in the Annual Report. The DWG Chair should retain the written sign- offs received from such members of the DWG in the records maintained pursuant to these Procedures. If the Annual Report is not available by the Required Date, the Assistant Finance Director will file an Event Notice, in conformity with the failure to file notice provisions of the Continuing Disclosure Undertakings, stating that the Annual Report is not yet available and will not be filed by the Required Date. When the Annual Report becomes available, the Assistant Finance Director will file such Annual Report on EMMA. 4.2.1.2.EVENT NOTICES In its Continuing Disclosure Undertakings, the City is obligated to file notices of certain events on EMMA in a timely manner (in certain undertakings within ten business days) after the occurrence of the event, as set forth in the Continuing Disclosure Undertakings Master List. An Event Notice must be filed with respect to each series of municipal securities affected by the occurrence of the event. The list of events which require an Event Notice are the following: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the municipal security, or other material events affecting the tax status of the municipal security; (7) Modifications to rights of security holders, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the municipal securities, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership or similar event of the City or, if applicable, an obligated person; (13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the City or, if applicable, an obligated Page 37 of 342 Continuing Disclosure Policy and Procedures Page | 13 person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) Incurrence of a financial obligation of the City, or if applicable, an obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City, or if applicable, an obligated person, any of which reflect financial difficulties; and (17) Notice of a failure of the City to provide required Audited Financial Statements or the Annual Report, on or before the Required Date. An Event Notice for events 1 through 16 shall be filed within ten business days of the occurrence of the event. An Event Notice for event 1 shall be filed in a timely manner as discussed with Bond Counsel or Disclosure Counsel. EVENT NOTICES – General Each member of the DWG is expected to have a complete understanding of the events listed in the Continuing Disclosure Undertakings, as described above and in the Continuing Disclosure Undertakings Master List. At all times a DWG member is required to notify the DWG Chair if they become aware of any event or potential for an event described in the Continuing Disclosure Undertakings Master List that may require the filing of an Event Notice. The DWG shall identify City department personnel who may know information relating to the City’s Continuing Disclosure Undertaking and Event Notices. The DWG shall require all departments in the City to notify the DWG upon the occurrence of any event or potential for an event described in the Continuing Disclosure Undertakings Master List. Upon notification of the occurrence of an event or potential occurrence of an event that may require filing of an Event Notice, the DWG Chair will confer with Bond Counsel, Disclosure Counsel, other members of the DWG, staff and officials of the City, Bond Counsel, the Financial Advisor and other outside consultants as may be necessary to determine whether an event has occurred and, if necessary, draft or assign the drafting of the Event Notice in sufficient time to allow the City to meet its continuing disclosure obligations described in the Continuing Disclosure Undertakings Master List. The Assistant Finance Director shall draft the Event Notice and the DWG Chair must approve the final version of the Event Notice before the Event Notice is distributed Senior City Official for review and comment. The Director of Fiscal Services will consult with Contributors and other appropriate City staff and officials, the Auditor, Bond Counsel, Disclosure Counsel and other outside consultants, if necessary, regarding the Event Notice. Before final approval, the DWG must determine that the material facts described Page 38 of 342 Continuing Disclosure Policy and Procedures Page | 14 therein are consistent with those known to the DWG, and that the final version of the Event Notice (1) does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading, and(2) is accurate and complete in all material respects. Prior to releasing the Event Notice, the Senior City Official must receive written sign-off (which may be delivered by email) from each member of the DWG with responsibility for the disclosure provided in the Event Notice. The DWG should retain the written sign-offs received from such members of the DWG in the records maintained pursuant to these Procedures. If the DWG becomes aware of an Event Notice that was not filed, the DWG Chair will follow the process described above to promptly file such Event Notice. EVENT NOTICES – Financial Obligations Each member of the DWG is expected to have a complete understanding of new events (15) and (16) under the Rule, as stated above. If the DWG has not received training on new events (15) and (16), the DWG Chair should request training from Bond Counsel, Disclosure Counsel, or other competent counsel. The DWG will, in consultation with Bond Counsel or Disclosure Counsel, be responsible for: (i) identifying existing material Financial Obligations; (ii) tracking new material Financial Obligations, including amendments thereto; and (iii) monitoring Financial Obligations for events, which may reflect financial difficulties. To assist in monitoring compliance with new events (15) and (16), the DWG Chair and the DWG will create the Financial Obligations Master List, with the assistance of the Financial Advisor, Bond Counsel and Disclosure Counsel, and other outside consultants, including the Auditor, as the DWG Chair and DWG deem appropriate and the City shall approve. The Financial Obligations Master List should provide information similar in content to the recommended format that was provided by the Government Finance Officers Association in January 2019.1 See Exhibit A at the end of the policies and procedures document. The DWG Chair will maintain and update the Financial Obligations Master List, and upon approval of the DWG and the City, may retain a Financial Advisor, as may be necessary, to effectively maintain and continuously update such Master List as well as to make all filings required to be made by the City under the Continuing Disclosure Undertakings. The Director of Fiscal Services shall review City Council agenda items in order to identify the entering into of new potential Financial Obligations (or a modification of an existing Financial Obligation due to financial difficulty) and shall follow-up with the individual responsible for the agenda item to determine if the item rises to the level of disclosure. For purposes of this section, at a minimum, items to be considered by the DWG as a potential a “Financial Obligation” shall include, but are not limited to the following: Page 39 of 342 Continuing Disclosure Policy and Procedures Page | 15 1.A debt obligation; 2.A derivative instrument entered into in connection with or pledged as security or a source of payment for, an existing or planned debt obligation. 3.A guarantee of (1) or (2); 4.A financing agreement or financing lease or energy savings performance contract where the City effectively borrows money at a rate of interest for the purchase of vehicles and equipment and pays back such borrowing over a number of years; 5.A contract for the payment of a good or service (such as water contracts with Water Districts) that obligates the City to a payment over a number of years but not including normal operating contracts such as for the construction of public improvements or maintenance thereof; 6.An economic development agreement or TIRZ Agreement that has features of a “debt” such as the payment of interest over time; 7.A line of credit, credit agreement or commercial paper program; 8.A loan or contract with the State or Federal Government where funds are received by the City and repayment is made over a number of years with interest. 1 The GFOA recommendations are available at http://www.gfoa.org/new-amendments-sec-rule-15c2- 12-new-event- notices-related-material-financial-obligations-and-events. 9.A contract or obligation affects, or contains pro visions or triggers that may impair the City’s liquidity, creditworthiness or an existing security holder’s rights. 10.Any contract or obligation that is a guarantee provided by the City for the benefit of a third party. 11.Any other contract, instrument or obligation that is “debt-like” or “debt- related”. The DWG shall review all potential Financial Obligations for materiality and recommend to the DWG chair whether filing is required. For purposes of this section, a determination as to the materiality of a potential Financial Obligation involves a determination of the following: “Whether a financial obligation or the terms of a financial obligation, if they affect security holders, would be important to the total mix of information made available to a reasonable investor when making an investment decision.” In determining whether a Financial Obligation is material upon its incurrence or any modification of its terms, relevant facts and circumstances may include, but are not limited to, the following: 1.The principal amount of the Financial Obligation, including the aggregate par amount of a series of related Financial Obligations (e.g., a series of financing leases), and the method of setting or adjusting the interest rate thereof; Page 40 of 342 Continuing Disclosure Policy and Procedures Page | 16 2.The City’s overall balance sheet and the size of its existing debt obligations; 3.The source of security pledged for repayment of the Financial Obligation and the rights associated with such pledge; 4.The length of time that the Financial Obligation is to remain outstanding; and 5.Other appropriate terms of a Financial Obligation that will impact the City’s financial condition and/or existing security holders in a material manner. In determining whether the modification of the terms of a Financial Obligation reflects financial difficulties of the City pursuant to Event (16), such occurrences may include but are not limited to the following types of events: 1.Monetary defaults or events of non-appropriation where the City has failed to pay principal, interest or other funds due, or a non-payment related default where the City has failed to comply with specified covenants; 2.An event of acceleration exercised by a trustee or counterparty as the result of an event of default or other applicable remedy provision; 3.A modification of terms that reflects financial difficulties of the City such as a re- amortization of debt due to the City’s difficulty in making payments; 4.A written or verbal waiver of an agreement provision that is a departure from what was agreed to under the original terms of such agreement; and 5.Other events under the terms of a Financial Obligation that reflect financial difficulties of the City and share similar characteristics with the specific types of events in Event (16). At all times the DWG members are required to notify the DWG Chair if they become aware of the occurrence or potential occurrence of events, amendments or new agreements, or other items that would constitute new events (15) and (16) under the Rule. If a DWG member provides such notice or the DWG Chair otherwise becomes aware of such actual or potential event, the DWG Chair will follow the steps under “Section IV(B)(3)(A) Event Notices – General” in determining whether an event has occurred and, if necessary, the drafting and filing of the Event Notice and related record keeping. The DWG will make a determination, based on the facts and circumstances, whether to submit to EMMA a description of the material terms of the Financial Obligations or changes thereto reflecting financial difficulties, or alternatively or in addition, submit the entirety of the materials, including contracts and transaction documents prepared in connection with the Financial Obligation, redacting any confidential or personally identifiable information. 4.2.1.3.VOLUNTARY FILINGS WITH EMMA Voluntary filings are subject to the same securities laws implications as all other required filings made by the City. If City staff or officials desire to file a voluntary disclosure filing on EMMA, the staff or officials must make a request to the DWG Chair describing the reason for providing a voluntary disclosure. The DWG Chair will coordinate with the DWG to determine whether a voluntary filing is appropriate and, if so, draft or assign the drafting of the voluntary disclosure filing. Page 41 of 342 Continuing Disclosure Policy and Procedures Page | 17 The DWG Chair will provide the DWG with a draft of the voluntary filing and the DWG will review, revise, and comment on initial and revised drafts of the voluntary filing. The DWG will consult with Contributors and other appropriate City staff and officials, the Auditor, the Financial Advisor, Bond Counsel, Disclosure Counsel and other outside consultants, if necessary, regarding the voluntary filing. The DWG must approve of the final version of the voluntary filing. Before final approval, the DWG must determine that the material facts described therein are consistent with those known to the DWG, and that the final version of the voluntary filing (1) does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading, and (2) is accurate and complete in all material respects. Approval of a voluntary filing shall be evidenced by written sign-off (which may be delivered by e-mail) from each member of the DWG with responsibility for the disclosure provided in the voluntary filing. Upon receipt of sign-off from such members of the DWG, the DWG Chair shall submit the potential filing to the appropriate Senior City Official. Upon receiving approval from the appropriate Senior City Official, e the voluntary filing can be made with EMMA. The DWG should retainthe written sign-offs received from members of the DWG and the Senior City Official in the records maintained pursuant to these Procedures. 4.2.1.4.RATING AGENCY PRESENTATIONS In the event officials of the City are to make a presentation to a rating agency relating to the rating of outstanding or proposed municipal securities, the DWG Chair will assign portions of the draft rating agency presentation to DWG members and Contributors with responsibility for the financial and other information to be provided therein and to Bond Counsel, Disclosure Counsel and the Financial Advisor, as appropriate. The DWG will consult with Contributors and other appropriate City staff and officials, the Auditor, and other outside consultants, if necessary, regarding the disclosure in the rating agency presentation. The DWG will review, revise, and comment on initial and revised drafts of the rating agency presentation. The DWG Chair must approve the final version of any rating agency presentation prior to delivery to a rating agency. Before final approval, the DWG Chair must determine that the material facts described therein are consistent with those known to the DWG, and that the final version of the rating agency presentation (1) does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading, and (2) is accurate and complete in all material respects. Final approval for any rating agency presentation should be made by the appropriate Senior City Official. Approval of a rating agency presentation shall be evidenced by written sign-off (which may be delivered by e-mail) from each member of the DWG with responsibility for the disclosure provided in the rating agency presentation. Upon receipt of sign-off from such members of the Page 42 of 342 Continuing Disclosure Policy and Procedures Page | 18 DWG, the DWG Chair shall provide the rating agency presentation to the rating agency. The DWG Chair should retain the written sign-offs received from members of the DWG in the records maintained pursuant to these Procedures. 4.2.1.5.INVESTOR PRESENTATIONS In the event a presentation is to be made to prospective investors with respect to an offering of municipal securities of the City or to investors with respect to outstanding municipal securities of the City, the DWG Chair will assign portions of the draft investor presentation to DWG members and Contributors with responsibility for the financial and other information to be provided therein and to Bond Counsel, Disclosure Counsel, and the Financial Advisor, as appropriate. The DWG will consult with Contributors and other appropriate City staff and officials, the Auditor, Bond Counsel, Disclosure Counsel and other outside consultants, if necessary, regarding the disclosure in the investor presentation. The DWG will review, revise, and comment on initial and revised drafts of the investor presentation. The DWG Chair must approve the final version of any investor presentation prior to presentation to investors. Before final approval, the DWG Chair must determine (A) that the material facts described therein are consistent with those known to the DWG, and that the final version of the investor presentation (1) does not make any untrue statement of a material fact or omit any material fact necessary to make the statements made therein, in light of the circumstances in which they are made, not misleading, and (2) is accurate and complete in all material respects, and (B), in the case of (1) an investor presentation to potential investors in an offering of municipal securities of the City, that the presentation is limited to information provided in the Offering Document and (2) an investor presentation to investors of outstanding municipal securities of the City, that the presentation is limited to information about the City available on EMMA. Final approval for any prospective investor presentation should be made by the appropriate Senior City Official. Approval of an investor presentation shall be evidenced by written sign-off (which may be delivered by e-mail) from each member of the DWG with responsibility for the disclosure provided in the investor presentation. Upon receipt of sign-off from such members of the DWG, the DWG Chair shall permit the investor presentation to be made to investors. The DWG Chair should retain the written sign-offs received from members of the DWG in the records maintained pursuant to these Procedures. 4.2.1.6.WEBSITE DISCLOSURE Disclosure Documents may only be posted on areas of the City’s website designed and approved by DWG and Disclosure Counsel for posting of such documents. The areas of the City’s website where Disclosure Documents may be posted should include appropriate disclaimers and warnings that the information has not and will not be updated, other viewer acknowledgements and other limiting features as required by DWG. Routine information and data, including financial, budgetary, and operating data generally made Page 43 of 342 Continuing Disclosure Policy and Procedures Page | 19 available to the public by a department or office of the City may be posted on a portion of the City’s website allocated to that department or office, provided the portion of the website clearly provides a disclaimer, approved by DWG, warning viewers that the information presented has not been prepared for and is not presented for consideration as disclosure to investors, and directs viewers seeking investor disclosure to the City’s information available on EMMA. Posting information to the City’s website alone is not sufficient to comply with the City’s Continuing Disclosure Undertakings described herein; such information must also be filed on EMMA. 5.ANNUAL REVIEW OF PROCEDURES Each year the DWG will conduct the Annual Review. The purpose of the Annual Review is for the DWG to evaluate the design, operation and effectiveness of these Procedures and to make recommendation regarding changes to the Procedures. In connection with the Annual Review, the DWG will (i) request comment on the Procedures from staff and officials involved in preparing or approving disclosure, (ii) meet with staff and officials to discuss the portions of the Disclosure Documents for which they are responsible and evaluate the effectiveness of the Procedures, and (iii) meet with the Auditor and Bond Counsel or Disclosure Counsel to review the design of the Procedures. All comments and recommendations to amend or maintain the Procedures will be discussed with the DWG. If the DWG recommends any substantive amendment to these Procedures, the DWG Chair will prepare a written summary of such amendment. The written summary will be delivered to the governing body of the City, together with the recommendation of the DWG for adoption pursuant to an amendment of the resolution/ordinance or similar action by the City Council. In addition to a recommendation to amend these Procedures made in the Annual Review, the DWG, the DWG Chair, the appropriate Senior City Official, and any official or staff involved in preparing or approving the Disclosure Documents may at any time recommend an amendment to the Procedures. Following receipt of the recommendation for an amendment, the DWG will convene a meeting to discuss the proposed amendment and determine whether such amendment should be approved. Any amendments to the Procedures will be discussed with Bond Counsel or Disclosure Counsel. If the DWG recommends any substantive amendment to these Procedures, the DWG Chair will prepare a written summary of such amendment. The written summary will be delivered to the City Council, together with the recommendation of the DWG for adoption pursuant to an amendment of the resolution/ordinance or similar action by the City Council. 6.ANNUAL TRAINING The City will provide Annual Training for all staff and officials involved in preparing or approving the Disclosure Documents, including members of the DWG authorizing the preparation of or approval of any Offering Document for dissemination. The Annual Training should be prepared by or with the assistance of Bond Counsel or Disclosure Counsel. The Annual Training will generally include an overview of these Procedures, the disclosure obligations of the City under federal and state securities laws, and the responsibilities and potential Page 44 of 342 Continuing Disclosure Policy and Procedures Page | 20 liabilities of the staff and officials involved in preparing or approving the Disclosure Documents. All staff and officials involved in preparing or approving the Disclosure Documents are required to attend the Annual Training or obtain comparable training approved by the DWG Chair. New members of the DWG, including the DWG Chair and Contributors are required to attend the Annual Training prior to being responsible for preparing or approving the Disclosure Documents. The DWG Chair will be responsible for ensuring attendance of all staff and officials involved in preparing or approving the Disclosure Documents. The DWG Chair will keep a record of those that attend the Annual Training and maintain such record in accordance with these Procedures. 7.RECORD RETENTION The DWG will retain all Disclosure Documents as required by the City’s record retention schedule. All final versions of the Disclosure Documents and closing transcripts for financings will be preserved and maintained in a central location that is accessible to the DWG. The DWG Chair will retain all records required to be retained by the DWG Chair under these Procedures for a minimum of ten years after the date of the most recent final official statement of the City approved under these Procedures. 8.INTERNAL USE ONLY These Procedures are intended for internal use only and are not intended to establish any duties in favor of or rights of any person other than the City. 9.DISCLOSURE DISSEMINATION AGENT If the City, in consultation with the DWG, elects to use a Disclosure Dissemination Agent or indenture trustee for the purpose of assisting in the dissemination, filing responsibilities and recordkeeping requirements under these Procedures, the City agrees that it will enter into a written contract with the designated Disclosure Dissemination Agent or indenture trustee. The written contract will be reviewed or drafted by Bond Counsel or Disclosure Counsel. Such contract will describe the responsibilities of the parties, including detailed instructions regarding the process for dissemination. If the City elects to use a Disclosure Dissemination Agent or indenture trustee, the Director of Fiscal Services and Assistant Finance Director will ensure all required filings are submitted to the Disclosure Dissemination Agent in a timely manner. A notice of filing will be obtained from the Disclosure Dissemination Agent and maintained in the City records for supporting documentation of each filing. Page 45 of 342 Continuing Disclosure Policy and Procedures Page | 21 Exhibit A CITY OF COLLEGE STATION, TEXAS Internal Record of Financial Obligations (Current and New) (Last Updated: January 2020 by: Director of Fiscal Services) Person responsible for completing and maintaining this document: Director of Fiscal Services Members of Disclosure Working Group: Director of Fiscal Services, Assistant Director of Fiscal Services, Accounting Manager/Controller Bond Counsel: McCall, Parkhurst & Horton Disclosure Counsel: McCall, Parkhurst & Horton Municipal Advisor: Hilltop Securities, Inc. Name/Description of Financial Obligations Entered Into Maturity Key Material Provisions Bank / Underwriter Other Bank Loans (direct or private placement) Existing NONE New Captial Leases (financed purchases) Existing NONE New Debt-Related Derivatives Existing NONE New Guarantees of Debt or Debt- Related Derivatives Existing NONE New Short Term Financial Obligations (<one year) Existing Page 46 of 342 Continuing Disclosure Policy and Procedures Page | 22 NONE New Other Financial Obligations Existing NONE New Page 47 of 342 CITY OF COLLEGE STATION, TEXAS Internal Record of Financial Obligations (Current and New) (Last Updated: January 2020 by: Director of Fiscal Services) Person responsible for completing and maintaining this document: Director of Fiscal Services Members of Disclosure Working Group: Director of Fiscal Services, Assistant Director of Fiscal Services, Accounting Manager/Controller Bond Counsel: McCall, Parkhurst & Horton Disclosure Counsel: McCall, Parkhurst & Horton Municipal Advisor: Hilltop Securities, Inc. Name/Description of Financial Obligations Entered Into Maturity Key Material Provisions Bank Loans (direct or private placement) Existing NONE New Captial Leases (financed purchases) Existing NONE New Debt-Related Derivatives Existing NONE New Guarantees of Debt or Debt-Related Derivatives Existing NONE New Short Term Financial Obligations (<one year) Existing NONE New Other Financial Obligations Existing NONE New Page 48 of 342 Bank / Underwriter Other CITY OF COLLEGE STATION, TEXAS Internal Record of Financial Obligations (Current and New) (Last Updated: January 2020 by: Director of Fiscal Services) Page 49 of 342 ROUTING SHEET FOR CONTINUING DISCLOSURE EVENTS DISCLOSURE ITEM: EVENT DATE: EVENT TYPE: Comments:_______________________________________________________________________________ ______ _______________________________________________________________________________ ______ _____________________________________________________________________________ FINANCIAL REPORTING SUPERVISOR DATE _____________________________________________________________________________ ACCOUNTING MANAGER / CONTROLLER DATE _____________________________________________________________________________ DEPARTMENT DIRECTOR DATE _____________________________________________________________________________ ASSISTANT FINANCE DIRECTOR DATE _____________________________________________________________________________ DIRECTOR OF FISCAL SERVICES DATE _____________________________________________________________________________ LEGAL SERVICES DATE _____________________________________________________________________________ ASSISSTANT CITY MANAGER / CFO DATE DISTRIBUTED TO / POSTED TO DATE BOND COUNCIL _________________________________ EMMA _________________________________ WEBSITE _________________________________ Page 50 of 342 March 9, 2020 Item No. 4.5. Resolution for Continuous Lighting Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an agreement for construction, maintenance and operation of continuous lighting systems between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT). Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Transportation Recommendation(s): Staff recommends approval of this resolution. Summary: The City of College Station in conjunction with TXDOT is designing and constructing a widening of FM 2818 within the general limits of FM 2154 (Wellborn Rd) to FM 60 (University Dr/Raymond Stotzer Pkwy). As part of this project, the need for street lighting was identified. TXDOT has agreed to construct street lighting within these limits to the current standards of the city and the city has agreed to operate and maintain this lighting system. This agreement is only for the operation and maintenance of a lighting system between FM 2154 (Wellborn Rd) and FM 2347 (George Bush Dr). Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.Traffic TEA22_CoCS (FM2818_FM 2154 to FM 2347) 2.resolution continuous lighting FM 2818 Page 51 of 342 Agreement No. 2399-01-074TEA22CS Traffic TEA22 Page 1 of 3 Revised 11/12/2018 CONTINUOUS LIGHTING SC(100) – CMO(100)(SL) STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (Specific Limits) THIS AGREEMENT, dated this _______ day of ______________________, 20_____, by and between the State of Texas, hereinafter referred to as the “State,” party of the first part, acting by and through the Texas Department of Transportation, and the City of College Station, Brazos County, Texas, acting by and through its duly authorized officers under a ordinance or resolution passed the _____ day of ______________________, 20______, hereinafter called the “City,” party of the second part, is made to become effective when fully executed by both parties. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance, and operation of a continuous highway lighting system on the highway designated as FM 2818 within the limits from FM 2347 to FM 2154 inside the City which is in accordance with 43 Texas Administrative Code, Section 25.11. Within the City, said lighting system hereinafter referred to as the “lighting system” is to consist of continuous lighting to be built in sections as financed and designated by the Texas Transportation Commission; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will construct said highway lighting system, conditioned that the City, as provided in 43 Texas Administrative Code, Section 25.11 and Transportation Code, §221.002, will maintain and operate said lighting system. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONSTRUCTION RESPONSIBILITIES A. The State will prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise construction, reconstruction or betterment work as required by said plans and specifications. As this lighting system project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City’s consent to construct the lighting system prior to awarding the contract; said City consent being signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of the plans containing the following notation. “Attachment No. _________ to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (Specific Limits) dated __________________________. Page 52 of 342 Agreement No. 2399-01-074TEA22CS Traffic TEA22 Page 2 of 3 Revised 11/12/2018 CONTINUOUS LIGHTING SC(100) – CMO(100)(SL) The City-State construction, maintenance, and operation responsibilities shall be a heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part.” B. All costs of constructing the standard design lighting system will be borne by the State, and the lighting system will remain the property of the State. Article 2. MAINTENANCE AND OPERATION RESPONSIBILITIES A. The City hereby agrees to furnish at its expense the electrical energy required for proper operation of the lighting system, such electrical energy to be provided at points on the illumination system as designated by the State. The City further agrees to maintain and operate the lighting system in an efficient and sightly condition, including the furnishing of all equipment and labor and making any replacements which may become necessary, without cost to the State. B. The City shall assume maintenance and operation on a date to correspond with the date construction of the lighting system is completed and accepted by the State. The State will provide written notification to the City of such acceptance. The City hereby agrees to furnish at its expense the electrical energy consumed by the system during the period of trial operation prior to the acceptance by the State. If the lighting system is constructed by sections, this provision shall apply to each such separately constructed section. C. The City will obtain approval of the Executive Director before making any major changes in the design and/or operation of the lighting system as designed and constructed by the State or before the removal of any part of the installation except for the purpose of replacement where identical or accepted equivalent equipment to that originally installed is used. Article 3. GENERAL A. This Agreement shall remain in force for a period of two years from the date that maintenance and operation responsibilities are first assumed by the City and shall be automatically renewed for two-year periods unless modified by mutual agreement by both parties B. The State will not incur any financial obligation to the City as a result of the Agreement. C. This Agreement may be terminated sixty (60) days after the filing of a written notice by either party of a desire for cancellation. The State reserves the right to remove the lighting system upon cancellation of the Agreement. D. If, at any time, the City does not maintain and operate the lighting system in a satisfactory manner, the State reserves the right to either arrange for maintenance at the expense of the City or to remove the lighting system. Should the lighting system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. E. Should disputes arise as to the parties’ obligations under this Agreement, the State’s decision shall be final and binding. F. The City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any matter affecting the performance of this Agreement. G. Changes in time frame, character, cost, or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. H. This Agreement shall bind, and shall be for the sole and exclusive benefit of the respective parties and their legal successors. The City shall not assign or transfer its interest in this Agreement without written consent of the State. Page 53 of 342 Agreement No. 2399-01-074TEA22CS Traffic TEA22 Page 3 of 3 Revised 11/12/2018 CONTINUOUS LIGHTING SC(100) – CMO(100)(SL) I. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. J. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting within subject matter. K. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. L. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 4. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and, thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, the City of ___________________________ on the _______ day of ________________, 20______, and the Texas Department of Transportation on the _______ day of ____________________ 20_____. THE CITY OF _______________________ Executed on behalf of the City by: By_________________________________ Date__________________________ Typed or Printed Name and Title _________________________________________ _________________________________________ THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By_________________________________ Date__________________________ Bryan District Engineer Page 54 of 342 318cdcb10c.docx RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF A CONTINUOUS LIGHTING SYSTEM WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A CONTINUOUS LIGHTING SYSTEM ON FM 2818 WITHIN THE LIMITS FROM FM 2347 TO FM 2154 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. WHEREAS, FM 2818 is owned and maintained by the Texas Department of Transportation; and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station supports the design and construction of certain improvements in the right of way of FM 2818; and WHEREAS, the City of College Station agrees to the provisions stated in the agreement for construction, maintenance and operation of continuous lighting systems. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council hereby approves the agreement for construction, maintenance and operation of continuous lighting systems with the Texas Department of Transportation for a continuous lighting system on FM 2818 within the limits from FM 2347 to FM 2154. PART 2:That the City Council herby authorizes the City Manager to execute the agreement. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 55 of 342 March 9, 2020 Item No. 4.6. Automated Ambulance Billing, Accounts Receivable and Delinquent Account Collection Services Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on renewing a General Service Contract with Emergicon, LLC to provide ambulance billing, accounts receivable and delinquent account collection services for an annual not-to-exceed amount of $155,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Recommendation(s): Staff respectfully recommends approval to renew the General Service Contract with Emergicon, LLC. Summary: Ambulance billing is unique and tedious in that it requires specialized knowledge and training in order to accurately code transports for billing and it requires a tremendous amount of follow-up work with Medicare, Medicaid and private insurance companies after bills are processed. Over the past two years, Emergicon, LLC has successfully performed the services referenced herein and has annually collected an average of $1,860,670.75 for the City. This is the second of four (4) possible renewals and is for the period of April 13, 2020 through April 12, 2021. December 2017, Purchasing staff formally solicited proposals for automated ambulance billing, accounts receivable and delinquent account collection services. Nine (9) responses were received and evaluated by a committee made up of Fire and Accounting personnel. Upon final evaluation and scoring of all proposals, Emergicon, LLC was considered the highest ranking firm. City Council approved the contract on April 12, 2018. Budget & Financial Summary: Funds are available in the General Fund, Fiscal Services, Accounting Division. The fee to be charged for ambulance billing, accounts receivable and collection services is 5% of all dollars collected. Reviewed & Approved by Legal: No Attachments: 1.Contract 18300157 Ambulance Billing Ren2 Page 56 of 342 Page 57 of 342 Page 58 of 342 March 9, 2020 Item No. 5.1. Ordinance vacating and abandoning a portion of a 10-foot and 15-foot Public Utility Easement of the Cooner Addition Sponsor:Debbie Stickles Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a portion of a 10-foot and 15-foot Public Utility Easement dedicated in Volume 1887, Page 239, of the Deed Records of Brazos County, Texas and lying within Lot 6A, Block 1 of the Cooner Addition, a subdivision recorded in Volume 124, Page 553, of the Deed Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The portion of a 10-foot and 15-foot public utility easement abandonment will accommodate future development of the aforementioned lot. There are currently no existing utilities in the easement. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Abandonment Ordinance 2.26.2020 2.Exhibit A 2.26.2020 3.Vicinity Map 4.Location Map 2.26.2020 5.Application Page 59 of 342 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 2634 SQUARE FOOT PORTION OF A 10 FOOT AND 15 FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOT 6A, BLOCK 1, OF THE COONER ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1887, PAGE 239 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of a 10 foot and 15 foot width Public Utility Easement, said portion lying along Lots 6A, Block 1, of the Cooner Addition, according to the plat recorded in Volume 1887, Page 239, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 60 of 342 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 61 of 342 Page 62 of 342 Page 63 of 342 Page 64 of 342 Page 65 of 342 Page 1 of 2 2/26/2020https://trakit.cstx.gov/TRAKiT9/Attachments/PROJECTS/ABAN2019-000017/LOC_ABAN2019-000017_2.jpg Page 66 of 342 Page 2 of 2 2/26/2020https://trakit.cstx.gov/TRAKiT9/Attachments/PROJECTS/ABAN2019-000017/LOC_ABAN2019-000017_2.jpg Page 67 of 342 Page 68 of 342 Page 69 of 342 The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: 3/18 Page 2 of 8 Page 70 of 342 Page 71 of 342 Page 72 of 342 Page 73 of 342 Page 74 of 342 EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above- mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. Application for Abandonment of a Public Right-of-Way/Easement Location: 3/18 Page 5 of 8 Page 75 of 342 (ENGINEERING LICENSE #F-845)1700 WEST LOOP SOUTH. SUITE 1500HOUSTON, TEXAS 77027PHONE: (713) 622-0227FAX: (713) 622-0224ISSUED FORAPPROVALPage 76 of 342 Page 77 of 342 Page 78 of 342 EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: Application for Abandonment of a Public Right-of-Way/Easement Location: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 3/18 Page 6 of 8 SUDDENLINK COMMUNICATIONS Shady Ln & Cooner St Charles White Construction Supervisor Page 79 of 342 Application for Abandonment of a Public Right-of-Way / Easement Location: 111 Cooner Street EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 80 of 342 Page 81 of 342 March 9, 2020 Item No. 5.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, "Zoning Districts,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from 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. Sponsor:Laura Gray Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, "Zoning Districts,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from 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. Relationship to Strategic Goals: • Neighborhood Integrity • Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item on February 20, 2020 and voted (7-0) to recommend approval of the zoning and associated concept plan. Staff recommends approval. Summary: This request is to change the base zoning from T Townhouse with attached single-family homes to GS General Suburban with detached single-family homes. This proposal reduces the overall density that would have occurred with attached townhomes by allowing for moderate density detached single-family homes. The development will blend into the surrounding detached single- family residential phases of Creek Meadows. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: Creek Meadows began development in the ETJ and this portion of the development is vested to duplex use and zoned for townhomes. The subject property is designated as Restricted Suburban on the Comprehensive Plan Future Land Use and Character Map. The Restricted Suburban designation is described as having “…a moderate level of development activities. These areas will tend to consist of medium-density single-family residential lots (acreage 8,000 square feet) when clustered around open space, or larger lot sizes when not clustered.” The rezoning of this property would result in detached single- family homes. The applicant is proposing a concept plan that will ensure medium density single- family development occurs. The proposal will reduce the development density making it more compliant with the Restricted Suburban designation. The rezoning request is consistent with the Page 82 of 342 Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Future development of the subject property will be comprised of detached single- family homes. The proposed building setbacks are also similar to that found in the surrounding residential development. This development scenario is appropriate in the context of the existing surrounding single-family residential subdivisions. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The subject property has frontage and takes access to Creek Meadow Boulevard and Shallow Creek Loop. These streets have access to Victoria Avenue and Greens Prairie Road West. The proposed rezoning would reduce the development density resulting in less traffic affecting the neighboring area. According to the FEMA flood insurance rate map (Community No. 480041, Panel No. 0325F, effective date: April 16, 2012), the subject property does not lie within the FEMA 100-year regulated floodplain. There are no known geographic anomalies. The subject property 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: There are adequate services available for this proposal. Water will be provided by Wellborn Special Utility District and extended through the proposed development from the existing distribution system. Sanitary sewer will be provided by the City of College Station and the collection system will be extend through the proposed development. The reduced density will further reduce the sewer load to the Creek Meadows Lift Station. The total peak traffic generation anticipated for this project is approximately 107.6 trips per hour. As the number of trips generated during the peak PM hours will not exceed the 150, a Traffic Impact Analysis is not required for this development. The subject property is located in the Peach Creek Drainage Basin and drains to the Peach Creek Tributary. 5. The marketability of the property: This rezoning is anticipated to aid the marketability of the property, as there is a need for affordable detached single-family homes in the City. REVIEW OF THE CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed land use as well as access points external and internal to the property. 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. 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 Page 83 of 342 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 General: The request proposes to modify the Concept Plan to accommodate for detached single-family home development rather than attached single-family homes (townhomes). The moderate density single- family home development will blend into the surrounding neighborhoods. Community Benefits: Attached and/or detached garages will be required with each detached single-family dwelling unit. Modification Requested: The applicant is proposing the following modifications to the GS General Suburban standards: • A reduction in the minimum lot width from 50-feet to 40-feet, • A maximum dwelling units per acre of 7 units, • An expansion in block length ranging from 1,200-ft to 2,250-ft as depicted on the concept plan, and • A reduction in the rear setback from 20-feet to 15-feet for lots adjacent to Victoria Avenue. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity, Aerial, & Small Area Map 4.Rezoning Exhibit 5.Applicant's Supporting Information 6.Concept Plan Page 84 of 342 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 15 ACRES BEING A PORTION OF THE SAMUEL DAVIDSON (ICL), GENERALLY LOCATED AT THE SOUTHWEST CORNER OF VICTORIA AVENUE AND CREEK MEADOWS BOULEVARD NORTH CERTAIN PROPERTIES AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B” and Exhibit “C” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 85 of 342 ORDINANCE NO. ____________Page 2 of 7 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 86 of 342 ORDINANCE NO. ____________Page 3 of 7 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District with a base zoning of GS General Suburban: Page 87 of 342 ORDINANCE NO. ____________Page 4 of 7 Ordinance Form 08-27-19 Exhibit B Page 88 of 342 ORDINANCE NO. ____________Page 5 of 7 Ordinance Form 08-27-19 Page 89 of 342 ORDINANCE NO. ____________Page 6 of 7 Ordinance Form 08-27-19 Exhibit C General: The following district regulations shall be applicable for the following uses as depicted on the attached Concept Plan, except as expressly modified below: •Single-family land uses - GS General Suburban Zoning District Meritorious Modifications The following modifications are approved: Setbacks: •Minimum front setback reduced from 25-feet to 20-feet; •Minimum side setback reduced from 7.5-feet to 5-feet; •Minimum rear setback reduced from 20-feet to 15-feet for lots adjacent to Victoria Avenue; •Minimum lot width reduced from 50-feet to 40-feet. •Maximum 7 dwelling units per acre. Additional Conditions: •Attached and/or detached two car garages required with each detached single-family dwelling unit. •Reduced block length as depicted on the concept plan. Page 90 of 342 ORDINANCE NO. ____________Page 7 of 7 Ordinance Form 08-27-19 Exhibit D Page 91 of 342 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: February 20, 2020 Advertised Council Hearing Date: March 9, 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: Creek Meadows HOA Property owner notices mailed: 57 Contacts in support:None at the time of this report Contacts in opposition:None at the time of this report Inquiry contacts:None ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Victoria Ave (2 Lane Major Collector) and Restricted Suburban PDD Planned Development District Victoria Ave (2 Lane Major Collector) and Detached Single Family Residential South Restricted Suburban PDD Planned Development District Detached Single Family Residential East Restricted Suburban PDD Planned Development District Detached Single Family Residential West Restricted Suburban and Wellborn Preserve - Open PDD Planned Development District and R Rural Detached Single Family Residential DEVELOPMENT HISTORY Annexation: 2008 Zoning:AO-Agricultural Open (annexation 2008) PDD - Planned Development District (2008) PDD - Planned Development District (2014) Final Plat:None - Samuel Davidson (ICL) Tract Site development:Undeveloped Page 92 of 342 Page 93 of 342 Page 94 of 342 Page 95 of 342 Page 96 of 342 REZONING SUPPORTING INFORMATION CREEK MEADOWS – SECTION 1A, PHASE THREE & FOUR Page - 1 REQUIRED INFORMATION: AREA CONDITIONS: List the changed or changing conditions in the area, or in the City, which make this zone change necessary. The desired zoning would change the use of the proposed property from Single-Family (attached) to Single-Family (detached). COMPATIBILITY: How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? This use and nature of development would conform to existing development that is adjacent to the south, west and north. Density of the proposed area will be similar in nature to the remainder of the Creek Meadows subdivision. COMPREHENSIVE PLAN: Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. Yes. As required through the PDD, the following base districts are established for the proposed residential uses. Single-Family Land Uses - GS General Suburban Zoning District REZONING SUITABILITY: Explain the suitability of the property for uses permitted by the rezoning district requested. This type of development is a compatible fit for the existing uses adjacent and comparable to the surrounding existing developments. CURRENT SUITABILITY: Explain the suitability of the property for uses permitted by the current zoning district. Provide affordable “starter” homes for single-family uses. PROPERTY MARKETABILITY: Explain the marketability of the property for uses permitted by the current zoning district. Provide affordable “starter” homes for single-family uses. OTHER REASONS: List any other reasons to support this zone change. The proposed PD Zoning and Concept Plan will generate the following desirable conditions and are as follows: (1) Reduced density from Single-Family (attached) and thus reduce traffic generation onto existing infrastructure; (2) accommodate development similar in characteristic to the surrounding Creek Meadows subdivision and provide transitional zoning to neighboring developments (single-family to Wellborn community – office & retail); Page 97 of 342 REZONING SUPPORTING INFORMATION CREEK MEADOWS – SECTION 1A, PHASE THREE & FOUR Page - 2 CONCEPT PLANS: BUILDING HEIGHTS: Provide the range of future building heights. Conform with Single-Family (detached) residential standards. PROPOSED DRAINAGE: Provide a general statement regarding the proposed drainage. Existing detention was provided/construction with the initial phase to adequately discharge site runoff to pre-development runoff rates. This proposed development will capture surface runoff and convey it, via underground storm sewer systems, to the existing detention facilities. VARIOUS SOUGHT: List the general bulk or dimensional variations sought. Setbacks Single-Family Land Uses – Areas designated as single family detached shall conform to General Suburban zoning district land uses and all dimensional standards with the following exceptions:  Minimum front setback reduced from 25’ to 20’.  Minimum side setback reduced from 7.5’ to 5’.  Minimum rear setback reduced from 20’ to 15’ for lots adjacent to Victoria Avenue;  Minimum lot width of 40’. Block Length Variation to maximum block length allowed under GS zoning (1,200 LF) to accommodate the proposed street layout and configuration (2,250’). COMMUNITY BENEFITS: If variations are sought, please provide a list of community benefits and/or innovative design concepts to justify the request. The following additional enhancements are proposed in exchange for the requested modifications:  Reduce the densities and modify previously approved single family-attached to single family- detached with a maximum allowed dwelling units per acre from 14 to 7.  Attached and/or detached two car garages are required with each dwelling unit as requested by residents through the Wellborn Community Plan. Page 98 of 342 REZONING SUPPORTING INFORMATION CREEK MEADOWS – SECTION 1A, PHASE THREE & FOUR Page - 3 SUSTAINED STABILITY: Explain how the concept plan proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area. This use and nature of development will conform to existing development that is adjacent to the south, west and north. Density of the proposed area will be similar in nature to the remainder of the Creek Meadows subdivision. CONFORMITY: Explain how the proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan. Same as “Sustained Stability”. COMPATIBILITY w/USE: Explain how the concept plan proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development. Same as “Sustained Stability”. ACCESS TO STREETS: State how dwelling units shall have access to a public street, if they do not front on a public street. Full access will be provided via Creek Meadow Boulevard and Shallow Creek Loop. These streets have access to Victoria Avenue and Greens Prairie Road West. PUBLIC IMPROVEMENTS: State how the development has provided adequate public improvements, including, but not limited to parks, schools, and other public facilities. Water will be provided by Wellborn SUD and extended through the proposed development from the existing distribution system. Sanitary sewer will be provided by CoCS and the collection system will be extended through the proposed development. The proposed reduced density will further reduce sewer load to the Creek Meadows Lift Station. PUBLIC HEALTH: 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. Same as “Sustained Stability”. SAFETY: 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 reasonably anticipated in the area considering existing zoning and land uses in the area. The total peak generation, anticipated for this project, is approximately 107.6 trips/hour. This is well within the capacity of the surrounding roadway infrastructure. Page 99 of 342 Page 100 of 342 March 9, 2020 Item No. 5.3. 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). Sponsor:Jade Broadnax Reviewed By CBC:City Council Agenda Caption: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). Relationship to Strategic Goals: • Neighborhood Integrity Recommendation(s): The Planning & Zoning Commission will hear this item on March 5, 2020. A written Final Report of the Commission will be provided to the City Council at the meeting. Staff recommends approval. Summary: Staff created a Neighborhood Conservation (NCO) Process Handbook to assist neighborhoods through the overlay zoning process. The handbook outlines the responsibilities of both the neighborhood and the City during 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 the NCO Process Handbook were heard by the Planning & Zoning Commission and City Council for feedback during their respective December 5 and December 10, 2019 workshop 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. The Handbook is not an ordinance and so 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 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 Page 101 of 342 improvements and district changes to the Neighborhood Conservation Overlay (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. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.NCO Process Handbook 2.Section 3.3 NCO Redlines 3.Section 4.1 NCO Redlines 4.Section 5.11 NCO Redlines 5.Section 7.2 NCO Redlines 6.Section 8.3 NCO Redlines 7.NCO Ordinance (clean) Page 102 of 342 1 Neighborhood Conservation Overlay (NCO) Process Handbook An Application Guide for College Station Residents 979.764.3570 • CSTX.GOV Page 103 of 342 2 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 104 of 342 3 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 105 of 342 4 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 Page 106 of 342 5 U N I V E R S I T Y D R E U N I V E R S I T Y D R R A Y M O N D S T O T Z E R P W G E O R G E B U S H D R H A R V E Y R D H O L L E M A N D R S OU T H WE S T PKWYHARVEYMI T CH ELL PK W Y S D E A C O N D R RO C K P R A I R I E R D E A G L E A V B A R R O N R D W I L LI A M D F I T C H P W G R A H A M R D 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 107 of 342 6 What is Zoning? Zoning, to put it briefly, is the separation of 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. Page 108 of 342 7 U N I V E R S I T Y D R E U N I V E R S I T Y D R R A Y M O N D S T O T Z E R P W G E O R G E B U S H D R H A R V E Y R D H O L L E M A N D R S OU T H WE S T PKWYHARVEYMI T CH ELL PK W Y S D E A C O N D R RO C K P R A I R I E R D E A G L E A V B A R R O N R D W I L L I A M D F I T C H P W G R A H A M R D 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 109 of 342 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. Page 110 of 342 9 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. Page 111 of 342 10 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. Page 112 of 342 11 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 113 of 342 12 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 entry b. Side entry c. 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 structure b. Detached from the single-family structure 8” G G G G GGGG Page 114 of 342 13 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 Page 115 of 342 14 START FINISH Neighborhood Duties City Duties NEIGHBORHOOD PRESENTATION NEIGHBORHOOD PRESENTATION Collect and submit all applicationmaterials within two months offirst petition signature Mailed notices may be sent that advertise multiple neighborhood meeting dates PETITION COMMITTEE DRAFTS PETITION COMMITTEE OBTAIN 50% +1 SIGNATURES SUBMIT REZONING APPLICATION REVISE AS NEEDED AVAILABLE FOR QUESTIONS AVAILABLE FOR 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 NOTICE SENT TO ALL VERIFY PETITION VIA EMAIL PROVIDE OWNER NAME, ADDRESS, LEGAL DESCRIPTION, MAILING ADDRESS PROCESS APPLICATION VERIFICATION LETTER MAILED ADVERTISE P&Z AND COUNCIL MEETINGS CITY COUNCIL FINAL DECISION P&Z MEETING NEIGHBORHOOD MEETING CITY HOSTED Facilitation meeting/initial inquiry INITIAL INQUIRY READ NCO HANDBOOK PRE-MEETING Coordinate meetingdate/time, space,setup, etc. Sent to all property ownersin original subdivision withreasonable notice ONLINE PRESENCE MAILED NOTICE* NEIGHBORHOOD MEETING ONE MEETING ONE MINS. DRAFTED AND SIGNED BY PETITION COMMITTEE MEMBER NEIGHBORHOOD MEETING 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 *Required neighborhood duty Apply ApplyGatherConsensus VerifySupport CityCouncilDecision Page 116 of 342 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 117 of 342 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. Page 118 of 342 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 119 of 342 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 Page 120 of 342 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 Page 121 of 342 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. Page 122 of 342 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 Services Submit 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 Page 123 of 342 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 experience Good 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 Page 124 of 342 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 Page 125 of 342 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 126 of 342 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 127 of 342 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 128 of 342 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 the Layers 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. Page 129 of 342 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. Page 130 of 342 29 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 131 of 342 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; Page 132 of 342 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. Page 133 of 342 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. Page 134 of 342 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 135 of 342 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 136 of 342 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 137 of 342 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 BP Business Park Page 138 of 342 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 R-6 High Density Multi-Family C-3 Light Commercial Page 139 of 342 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 140 of 342 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 Page 141 of 342 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. Page 142 of 342 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. Page 143 of 342 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). Page 144 of 342 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. Page 145 of 342 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. Page 146 of 342 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 c)  Rear entry. Page 147 of 342 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. Page 148 of 342 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 Page 149 of 342 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; 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) Page 150 of 342 Page 151 of 342 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 Page 152 of 342 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. Page 153 of 342 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; Page 154 of 342 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; 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 . Page 155 of 342 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. 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 wheel stop where vehicles in adjacent parking spots might back into the corral. See example image below: Page 156 of 342 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. Fig. 2: Examples of Bicycle Parking Footprint and Dimensions 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 Page 157 of 342 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 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) Page 158 of 342 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. Page 159 of 342 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. Page 160 of 342 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 Page 161 of 342 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 Page 162 of 342 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. Page 163 of 342 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. Page 164 of 342 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. Page 165 of 342 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. Page 166 of 342 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. Page 167 of 342 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: Page 168 of 342 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 . Page 169 of 342 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. Page 170 of 342 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 . 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. Page 171 of 342 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; 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. Page 172 of 342 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 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. Page 173 of 342 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 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 Page 174 of 342 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. 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. Page 175 of 342 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 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. Page 176 of 342 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; 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. Page 177 of 342 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 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, Page 178 of 342 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 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. Page 179 of 342 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 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. Page 180 of 342 Figure 1 Figure 2 Page 181 of 342 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. 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. Page 182 of 342 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. 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 Page 183 of 342 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. 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) Page 184 of 342 Ordinance Form 8-14-17 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 3, “DEVELOPMENT REVIEW PROCEDURES,” SECTION 3-3, “ZONING MAP AMENDMENT (REZONING),” ARTICLE 4, “ZONING DISTRICTS,” SECTION 4-1, “ESTABLISHMENT OF DISTRICTS,” ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” SECTION 5-11, “SINGLE-FAMILY OVERLAY DISTRICTS,” ARTICLE 7, “GENERAL DEVELOPMENT STANDARDS,” SECTION 7-2.D, “REQUIRED YARDS (SETBACKS),” AND ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8- 3.H.2, “PLATTING AND REPLATTING WITHIN OLDER RESIDENTIAL SUBDIVISIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO NEIGHBORHOOD CONSERVATION OVERLAY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A, “Unified Development Ordinance Article 3, “Development Review Procedures,” Section 3-3, “Zoning Map Amendment (Rezoning),” Article 4, “Zoning Districts,” Section 4-1, “Establishment Of Districts,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-11, “Single-Family Overlay Districts,” Article 7, “General Development Standards,” Section 7-2.D, “Required Yards (Setbacks),” and Article 8, “Subdivision Design and Improvements,” Section 8-3.H.2, “Platting and Replatting within Older Residential Subdivisions,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”, Exhibit “D” and Exhibit “E” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Page 185 of 342 ORDINANCE NO. ___________Page 2 of 58 Ordinance Form 8-14-17 PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 186 of 342 ORDINANCE NO. ___________Page 3 of 58 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 9th day of March, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 187 of 342 ORDINANCE NO. ___________Page 4 of 58 Ordinance Form 8-14-17 Exhibit “A” That Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3-3, “Zoning Map Amendment (Rezoning),” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: 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 and 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; 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. Page 188 of 342 ORDINANCE NO. ___________Page 5 of 58 Ordinance Form 8-14-17 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 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 in support of the overlay; c. Contact information for property owners of platted single-family development in the original subdivision to serve on the Neighborhood Conservation Overlay Petition Committee; d. Certificate of mailing neighborhood meeting notice for all property owners of single- family zoned or developed building plots contained within the original subdivision. e.Completed neighborhood meeting sign-in sheets; and f. Neighborhood meeting minutes signed by a Petition Committee Member. 3.  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: Page 189 of 342 ORDINANCE NO. ___________Page 6 of 58 Ordinance Form 8-14-17 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 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. 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 Page 190 of 342 ORDINANCE NO. ___________Page 7 of 58 Ordinance Form 8-14-17 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 191 of 342 ORDINANCE NO. ___________Page 8 of 58 Ordinance Form 8-14-17 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- Page 192 of 342 ORDINANCE NO. ___________Page 9 of 58 Ordinance Form 8-14-17 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. 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 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. 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 193 of 342 ORDINANCE NO. ___________Page 10 of 58 Ordinance Form 8-14-17 Exhibit “B” That Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4-1, “Establishment Of Districts” of the Code of Ordinances of the City of College Station, Texas is hereby amended in its entirety to read as follows: 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 Page 194 of 342 ORDINANCE NO. ___________Page 11 of 58 Ordinance Form 8-14-17 GC General Commercial CI Commercial Industrial 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 NCO Neighborhood Conservation Overlay HP Historic Preservation Overlay Retired Districts R-1B Single-Family Residential R-4 Multi-Family Page 195 of 342 ORDINANCE NO. ___________Page 12 of 58 Ordinance Form 8-14-17 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 196 of 342 ORDINANCE NO. ___________Page 13 of 58 Ordinance Form 8-14-17 Exhibit “C” That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-11, “Single-Family Overlay Districts” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: 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 the boundaries of original subdivisions. 3.  An application for a Single Family Overlay District may be accepted by the City for review once a petition is signed 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. 4.  Single-Family Overlay Districts may not apply to neighborhoods originally platted in the last ten (10) years. D.  Districts. Page 197 of 342 ORDINANCE NO. ___________Page 14 of 58 Ordinance Form 8-14-17 1. Neighborhood Conservation Overlay Districts (NCO). 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. b.  Applicability. The regulations of the Neighborhood Conservation Overlay apply to all single-family and accessory structures within the district. c.  General Provisions. 1) The standards set forward in a Neighborhood Conservation Overlay must be based on findings of the Petition Committee. 2) The petition committee may consist of property owners of platted single-family development from the original subdivision. d.  Options for Inclusion. In applying for a Neighborhood Conservation District Overlay, the following items may be 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 Petition Committee may select one (1) of the following methods of determining minimum front setback based on 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 Page 198 of 342 ORDINANCE NO. ___________Page 15 of 58 Ordinance Form 8-14-17 existing median front yard setback of structures in the district. 2)  Minimum Side Street Setback. If minimum side street setback is selected for inclusion, the Petition Committee may select one (1) of the following methods of determining minimum side street setback based on research of the subject neighborhood: a)  Contextual side street setbacks as provided for in Section5.2 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 Petition Committee may select one (1) of the following methods of determining the minimum size of new lots based on 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 Section5.2 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 Petition Committee may select one (1) of the following methods of determining maximum building height based on the research of the subject neighborhood: a)  Contextual building height as provided for in Section5.2 Residential Dimensional Standards; or Page 199 of 342 ORDINANCE NO. ___________Page 16 of 58 Ordinance Form 8-14-17 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 Petition 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 conditionand reasonably free of damage by insects and/or disease, and located outside the buildable area. Any preserved tree(s) must 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 allows the Petition Committee to exclude specific tree species from preservation requirements. 6)  Landscape Maintenance. 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 Impervious Surface. If maximum impervious surface is selected for inclusion, maximum 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. Page 200 of 342 ORDINANCE NO. ___________Page 17 of 58 Ordinance Form 8-14-17 8)  Garage A. Garage Access If garage access is selected for inclusion, the Petition 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 c)  Rear entry. B. Garage Connection. If garage connection is selected for inclusion, the Petition 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. Page 201 of 342 ORDINANCE NO. ___________Page 18 of 58 Ordinance Form 8-14-17 C.  Garage Location. If garage location is selected for inclusion, the Petition 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. D)  Garage Size. If garage size is selected for inclusion, the Petition 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 Petition Committee may require that a garage be required on properties within the subject neighborhood 9)  Off-Street Parking. If off-street parking is selected for inclusion, the Petition Committee may choose one (1) or more of the following off-street parking options within the subject neighborhood, however, it may only be included if including maximum lot coverage, garage access, connection, or location. 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; d)Set a required driveway width between 12 and 25 feet. Page 202 of 342 ORDINANCE NO. ___________Page 19 of 58 Ordinance Form 8-14-17 10)  Building Materials. If Building Materials is selected for inclusion, the Petition 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 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. 11)  Fencing If Fencing is selected for inclusion, the Petition 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) Page 203 of 342 ORDINANCE NO. ___________Page 20 of 58 Ordinance Form 8-14-17 Exhibit “D” That Appendix A, “Unified Development Ordinance,” Article 7, “General Development Standards,” Section 7-2.D, “Required Yards (Setbacks)” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: 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 Page 204 of 342 ORDINANCE NO. ___________Page 21 of 58 Ordinance Form 8-14-17 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 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. 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; Page 205 of 342 ORDINANCE NO. ___________Page 22 of 58 Ordinance Form 8-14-17 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. 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; Page 206 of 342 ORDINANCE NO. ___________Page 23 of 58 Ordinance Form 8-14-17 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; 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 . Page 207 of 342 ORDINANCE NO. ___________Page 24 of 58 Ordinance Form 8-14-17 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; 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. Page 208 of 342 ORDINANCE NO. ___________Page 25 of 58 Ordinance Form 8-14-17 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. 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 wheel stop where vehicles in adjacent parking spots might back into the corral. See example image below: Page 209 of 342 ORDINANCE NO. ___________Page 26 of 58 Ordinance Form 8-14-17 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. Fig. 2: Examples of Bicycle Parking Footprint and Dimensions 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. Page 210 of 342 ORDINANCE NO. ___________Page 27 of 58 Ordinance Form 8-14-17 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 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 Page 211 of 342 ORDINANCE NO. ___________Page 28 of 58 Ordinance Form 8-14-17 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) Page 212 of 342 ORDINANCE NO. ___________Page 29 of 58 Ordinance Form 8-14-17 Exhibit “E” That Appendix A, “Unified Development Ordinance, “Article 8, “Subdivision Design and Improvements,” Section 8-3.H.2, “Platting and Replatting within Older Residential Subdivisions,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety to read as follows: 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. Page 213 of 342 ORDINANCE NO. ___________Page 30 of 58 Ordinance Form 8-14-17 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. 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. Page 214 of 342 ORDINANCE NO. ___________Page 31 of 58 Ordinance Form 8-14-17 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. 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. Page 215 of 342 ORDINANCE NO. ___________Page 32 of 58 Ordinance Form 8-14-17 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 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. Page 216 of 342 ORDINANCE NO. ___________Page 33 of 58 Ordinance Form 8-14-17 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 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 Page 217 of 342 ORDINANCE NO. ___________Page 34 of 58 Ordinance Form 8-14-17 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, 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. Page 218 of 342 ORDINANCE NO. ___________Page 35 of 58 Ordinance Form 8-14-17 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. 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. Page 219 of 342 ORDINANCE NO. ___________Page 36 of 58 Ordinance Form 8-14-17 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. 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. Page 220 of 342 ORDINANCE NO. ___________Page 37 of 58 Ordinance Form 8-14-17 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. 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) Page 221 of 342 ORDINANCE NO. ___________Page 38 of 58 Ordinance Form 8-14-17 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. 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. Page 222 of 342 ORDINANCE NO. ___________Page 39 of 58 Ordinance Form 8-14-17 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. Page 223 of 342 ORDINANCE NO. ___________Page 40 of 58 Ordinance Form 8-14-17 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 . Page 224 of 342 ORDINANCE NO. ___________Page 41 of 58 Ordinance Form 8-14-17 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: 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 Page 225 of 342 ORDINANCE NO. ___________Page 42 of 58 Ordinance Form 8-14-17 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 . 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 Page 226 of 342 ORDINANCE NO. ___________Page 43 of 58 Ordinance Form 8-14-17 (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. 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 . Page 227 of 342 ORDINANCE NO. ___________Page 44 of 58 Ordinance Form 8-14-17 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 Page 228 of 342 ORDINANCE NO. ___________Page 45 of 58 Ordinance Form 8-14-17 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; 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 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. Page 229 of 342 ORDINANCE NO. ___________Page 46 of 58 Ordinance Form 8-14-17 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. Page 230 of 342 ORDINANCE NO. ___________Page 47 of 58 Ordinance Form 8-14-17 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 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; Page 231 of 342 ORDINANCE NO. ___________Page 48 of 58 Ordinance Form 8-14-17 (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. 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 Page 232 of 342 ORDINANCE NO. ___________Page 49 of 58 Ordinance Form 8-14-17 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 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. Page 233 of 342 ORDINANCE NO. ___________Page 50 of 58 Ordinance Form 8-14-17 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; 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. Page 234 of 342 ORDINANCE NO. ___________Page 51 of 58 Ordinance Form 8-14-17 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 Page 235 of 342 ORDINANCE NO. ___________Page 52 of 58 Ordinance Form 8-14-17 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 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. Page 236 of 342 ORDINANCE NO. ___________Page 53 of 58 Ordinance Form 8-14-17 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 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) Page 237 of 342 ORDINANCE NO. ___________Page 54 of 58 Ordinance Form 8-14-17 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 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. Page 238 of 342 ORDINANCE NO. ___________Page 55 of 58 Ordinance Form 8-14-17 Figure 1 Figure 2 Page 239 of 342 ORDINANCE NO. ___________Page 56 of 58 Ordinance Form 8-14-17 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. 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. Page 240 of 342 ORDINANCE NO. ___________Page 57 of 58 Ordinance Form 8-14-17 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. 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, Page 241 of 342 ORDINANCE NO. ___________Page 58 of 58 Ordinance Form 8-14-17 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. 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) Page 242 of 342 March 9, 2020 Item No. 5.4. 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. Sponsor:Anthony Armstrong Reviewed By CBC:Planning & Zoning Commission Agenda Caption: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. Relationship to Strategic Goals: • Core Services & Infrastructure • Sustainable City Recommendation(s): The Planning and Zoning Commission heard this item at their February 20, 2020 meeting and voted 4-3 to recommend approval of the amendment. Staff recommends approval. Summary: The purpose of these amendments is to implement a maximum percentage impervious cover requirement for residential development. The amendments will address growing concerns regarding lot-by-lot redevelopment in older neighborhoods. These areas tend to lack modern drainage and detention measures and have created drainage concerns when lots have been excessively covered with impervious surfaces. The UDO currently has no impervious surface limitations, which allows for the entirety of a lot to be covered with impervious surfaces. These amendments will apply to both existing and new subdivisions based on the lot’s zoning district unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study approved by the City Engineer or his/her designee. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Section 5.2 Residential Dimensional Standards Redline 3.Section 5.6 Retired Dimensional Standards Redline 4.Section 6.5 Accessory Uses Redline 5.Section 11.2 Defined Terms Redline Page 243 of 342 Ordinance Form 8-14-17 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” SECTION 5-2, “RESIDENTIAL DIMENSIONAL STANDARDS,” SECTION 5-6, “RETIRED DIMENSIONAL STANDARDS,” ARTICLE 6, “USE REGULATIONS,” SECTION 6-5, “ACCESSORY USES,” AND ARTICLE 11, “DEFINITIONS,” SECTION 11-2, “DEFINED TERMS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO IMPERVIOUS COVER; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-2, “Residential Dimensional Standards,” Section 5-6, “Retired Dimensional Standards,” Article 6, “Use Regulations,” Section 6-5, “Accessory Uses,” and Article 11, “Definitions,” Section 11-2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”, and Exhibit “D” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 244 of 342 ORDINANCE NO. ___________Page 2 of 11 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ________ day of _____________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 245 of 342 ORDINANCE NO. ___________Page 3 of 11 Ordinance Form 8-14-17 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-2, “Residential Dimensional Standards” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Sec. 5.2. - Residential Dimensional Standards. The following table establishes dimensional standards that shall be applied within the Residential Zoning Districts, unless otherwise identified in this UDO. Click here to access a PDF version of the Residential Zoning Districts table. Residential Zoning Districts R WE E(N)(P) WRS RS(J) GS(J)(P) T D M HP MF MU Access ory Struct ures Non-Clustered Residential Zoning Districts Min. Average Lot Area per Dwellin g Unit (DU) 3 acres Averag e 2 acres 1 Acre 20,00 0 SF 10,000 SF Averag e 5,000 SF 2,000 SF 3,500 SF Non e Non e Absolut e Min. Lot Area per Dwellin g Unit (DU) 2 Acres 2 acres 1 Acre 20,00 0SF 6,500 SF 5,000 SF 2,000 SF 3,500 SF Non e Non e Min. Lot Width None 100 (M) 100'(M) 70' 70' 50' None 35'/DU(E) Non e Non e Min. Lot Depth None None None None None 100' None 100' Non e Non e Min. Front Setback (H) 50' 30' 30' 25' 25' 25'(D) 25'(D) 25'(D) 15' Non e Max. Front Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A 15'( O) Min. Side 20' 10' 10' 7.5' (Q) 7.5' (Q)7.5' (Q)(A) 7.5'(C) >(L ) (A)( B) Non e Refer to Sectio n 6.5, Access ory Uses(L ) Page 246 of 342 ORDINANCE NO. ___________Page 4 of 11 Ordinance Form 8-14-17 Setback Min. Side Street Setback 15' 15' 15' 15' 15' 15' 15' 15' 15' Non e Max. Side Street Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A 15'( O) Min. Side Setback between Structur es(B) N/A 15' 15' 15' 15' 15' 7.5' 15' 7.5' Non e Min. Rear Setback (L) 50' 20' 20' 20' 20' 20' 20' 20'(F) 20' 20' Max. Impervi ous Cover(R ) 30%30%30%40%50%55%75%65%(S)(S) Max. Height 35'(G)( K)(L) 35'(G) (K) 35'(G)( K)(L) 35'(G) (K) 35'(G)( K)(L) 2.5 Stories/35'( G)(K)(L) 35'(G)( K)(L) 2.5 Stories/35'( G)(K)(L) (G)( L) (G)( L) Minimu m Number of Stories N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 Stor ies Max. Dwellin g Units/A cre (Subdivi sion Gross) 0.33 0.5 1.0 2.0 4.00 8.0 14.0 12.0 10. 0 30.0 N/A Min. Dwellin g Units/A cre N/A N/A N/A N/A N/A N/A N/A N/A N/ A 12 N/A N/A Clustered Residential Zoning Districts Min. Average Lot Area N/A 1 Acre 20,000 SF Averag e 8,000 SF 8,000 SF Averag e 3,750 SF (P) N/A N/A N/ A N/A N/A N/A Page 247 of 342 ORDINANCE NO. ___________Page 5 of 11 Ordinance Form 8-14-17 per Dwellin g Unit (DU) Absolut e Min. Lot Area per Dwellin g Unit (DU) 1 Acre 10,000 SF 8,000 SF 6,500 SF 3,750 SF Min. Lot Width 100' (M) 100'(M) None None None Min. Lot Depth None None None None None Min. Front Setback (H) Min. Side Setback Min. Street Side Setback Min. Side Setback between Structur es(B) Min. Rear Setback (L) Refer to Section 8.3.H.4, Cluster Development, Specific District Standards Max. Impervi ous Cover(R ) 30%30%40%50%55% Max. Height 35'(G) (K) 35'(G)( K) 35'(G) (K) 35'(G)( K) 2.5 Stories/35'( G)(K)(L) Max. Dwellin g 0.5 1.0 2.0 4.00 8.0 Page 248 of 342 ORDINANCE NO. ___________Page 6 of 11 Ordinance Form 8-14-17 Units/A cre (Subdivi sion Gross) Notes: (A)  A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (B)  Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (C)  Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single-family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D)  Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E)  The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (F)  Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (G)  Shall abide by Section 7.2.H, Height. (H)  Reference Section 7.2.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I)  Reference Section 7.2.D.1.b for lots with approved rear access. (J)  For areas within a Single-Family Overlay District, reference the Neighborhood Prevailing Standards Overlay Districts Section in Article 5 or the Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K)  Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L)  Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M)  In subdivisions built to rural street standards, lots shall be a minimum of one hundred (100) feet in width. There is no minimum lot width in cluster subdivisions built to urban street standards. (N)  Estate lots that are part of a subdivision existing on or before September 12, 2013 are not permitted to use Cluster Development Standards without rezoning approval, which incorporates the entire subdivision. (O)  For MU zoned properties, maximum side street and front setbacks may be measured from the edge of a public easement when it is in excess of the maximum setback. Maximum setbacks may be increased to up to eighty-five (85) feet to accommodate a parking lot between the structure and the street. Maximum setback requirements may be fulfilled through the use of plazas, outdoor dining, and bicycle parking. (P)  Reference Section 8.3.H.4.e when using the cluster option in the Wellborn Community Plan area. Page 249 of 342 ORDINANCE NO. ___________Page 7 of 11 Ordinance Form 8-14-17 (Q) Minimum side setback may be reduced to five (5) feet where property on both sides of a lot line is owned and/or developed simultaneously by a single party. Development under reduced side setbacks requires prior approval by the Zoning Official, and must be established by plat. In no case shall a single-family residence be built within fifteen (15) feet of another primary structure. When reduced side setbacks are approved, sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features are prohibited from extending into the required side yard setback (R) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. Work being performed by the homeowner and/or resident that does not require a building permit, that is less than 120 square feet, and that does not cause the lot to exceed the applicable maximum impervious cover, does not require an Impervious Coverage Permit. (S) Maximum impervious cover for MF and MU zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee.” Page 250 of 342 ORDINANCE NO. ___________Page 8 of 11 Ordinance Form 8-14-17 Exhibit B That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-6, “Retired Dimensional Standards,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Sec. 5.6. - Retired Dimensional Standards. A.  Retired Residential Zoning Districts. The following table establishes dimensional standards that shall be applied within the Retired Residential Zoning Districts, unless otherwise identified in this UDO: Retired Residential Zoning Districts R-1B R-4 R-6 Min. Lot Area per Dwelling Unit (DU) 8,000 SF None None Min. Lot Width None None None Min Lot Depth None None None Min. Front Setback (H) 25'(D) 25'(D) 25'(D) Min. Side Setback 7.5' (C) (A)(B) (A)(B) Min. Side Street Setback 15' 15' 15' Min. Side Setback between Structures (B) 15' 7.5' 7.5' Min. Rear Setback (I) 20' 20' 20' Max. Impervious Cover (M)55%(N)(N) Max. Height 2.5 Stories/35'(G)(K)(L) (G)(L) (G)(L) Max. Dwelling Units/Acre 6.0 20.0 30.0 Notes: (A)  A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (B)  Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (C)  Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single-family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D)  Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E)  The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (F)  Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. Page 251 of 342 ORDINANCE NO. ___________Page 9 of 11 Ordinance Form 8-14-17 (G)  Shall abide by Section 7.2.H, Height. (H)  Reference Section 7.1.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I)  Reference Section 7.2.D.1.b for lots with approved rear access. (J)  Reference Section 5.12 for areas in Neighborhood Prevailing Standards Overlay Districts and reference Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K)  Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L)  Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. (N) Maximum impervious cover for R-4 and R-6 zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee.” Page 252 of 342 ORDINANCE NO. ___________Page 10 of 11 Ordinance Form 8-14-17 Exhibit C That Appendix A, “Unified Development Ordinance,” Article 6, “Use Regulations,” Section 6-5, “Accessory Uses,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Sec. 6.5. - Accessory Uses. B.  Accessory Structures. 1.  In combination, all accessory uses shall contain no more square footage than twenty-five (25) percent of the habitable floor area of the principal structure or 400 square feet, whichever is greater. Garage or carport areas devoted to the storage of vehicles shall not be included in the calculation of the twenty-five (25) percent restriction. 2.  No accessory structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building or structure if the Building Official has determined that it does not require a Building Permit. 3.  On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property line. In no event shall more than thirty (30) percent of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures, or uses. 4.The maximum impervious cover of the lot’s applicable zoning district, as defined in Section 5.2 Residential Dimensional Standards, shall not be exceeded by the addition of accessory uses or structures. 5.  The following restrictions shall apply to accessory buildings, structures, or uses other than garages, carports, and living quarters. a.  A minimum rear setback of fifteen (15) feet; and, b.  A maximum building eave height of eight (8) feet. 6.  Garage and Carports . Garages and carports in residential zoning districts, including those of a temporary nature, shall have a minimum rear setback of twenty (20) feet. A minimum side yard setback of twenty (20) feet shall also be applied when garages and carports, including those of a temporary nature, gain access from a side street. All other setbacks shall be applied as required in the district in which the structure is located. The following restrictions shall apply to garages and carports: a.  A minimum rear setback of twenty (20) feet; and, b.  A minimum side street setback of twenty (20) feet is required for garages or carports that face onto side streets. 7.  Living Quarters . In areas zoned and used for single family residential use, accessory living quarters are allowed subject to the following: a.  The property owner resides on-site and uses the subject property as their primary residence. b.  There is a limit of one (1) accessory living quarter per building plot. c.  No more than two (2) unrelated persons live in the accessory living quarters; and d.  One (1) additional off-street parking space is provided for the living quarters.” Page 253 of 342 ORDINANCE NO. ___________Page 11 of 11 Ordinance Form 8-14-17 Exhibit D That Appendix A, “Unified Development Ordinance,” Article 11, “Definitions,” Section 11-2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding the following language: “Impervious Cover: Impervious cover is the percentage of a lot’s area that is covered, or proposed to be covered, by impervious surfaces. Impervious Surface: Impervious surface is considered any proportion of a site occupied by materials or construction that limits the absorption of water by covering the natural land surface; this shall include, but is not limited to, buildings, sidewalks, drives, all-weather surfaces, parking, rooftops, patios, decking, masonry, stone, and other alternative pavements. Alternative materials used for landscaping purposes in non-load bearing areas, and the water surface area within the walls of pools are not considered impervious surfaces. An area of gapped decking shall be calculated as fifty percent (50%) of the proposed decked area for the purpose of impervious cover.” Page 254 of 342 Sec. 5.2. - Residential Dimensional Standards. The following table establishes dimensional standards that shall be applied within the Residential Zoning Districts, unless otherwise identified in this UDO. Click here to access a PDF version of the Residential Zoning Districts table. Residential Zoning Districts R WE E(N)(P) WRS RS(J) GS(J)(P) T D MHP MF MU Accessory Structures Non-Clustered Residential Zoning Districts Min. Average Lot Area per Dwelling Unit (DU) 3 acres Average 2 acres 1 Acre 20,000 SF 10,000 SF Average 5,000 SF 2,000 SF 3,500 SF None None Absolute Min. Lot Area per Dwelling Unit (DU) 2 Acres 2 acres 1 Acre 20,000SF 6,500 SF 5,000 SF 2,000 SF 3,500 SF None None Min. Lot Width None 100 (M) 100'(M) 70' 70' 50' None 35'/DU(E) None None Min. Lot Depth None None None None None 100' None 100' None None Min. Front Setback(H) 50' 30' 30' 25' 25' 25'(D) 25'(D) 25'(D) 15' None Max. Front Setback N/A N/A N/A N/A N/A N/A N/A N/A >(L) N/A 15'(O) Refer to Section 6.5, Accessory Uses(L) Page 255 of 342 Min. Side Setback 20' 10' 10' 7.5' (Q) 7.5' (Q)7.5' (Q)(A) 7.5'(C) (A)(B) None Min. Side Street Setback 15' 15' 15' 15' 15' 15' 15' 15' 15' None Max. Side Street Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A 15'(O) Min. Side Setback between Structures(B) N/A 15' 15' 15' 15' 15' 7.5' 15' 7.5' None Min. Rear Setback(L) 50' 20' 20' 20' 20' 20' 20' 20'(F) 20' 20' Max. Impervious Cover(R) 30%30%30%40%50%55%75%65%(S)(S) Max. Height 35'(G)(K)(L) 35'(G)(K) 35'(G)(K)(L) 35'(G)(K) 35'(G)(K)(L) 2.5 Stories/35'(G)(K)(L) 35'(G)(K)(L) 2.5 Stories/35'(G)(K)(L) (G)(L) (G)(L) Minimum Number of Stories N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 Stories Max. Dwelling Units/Acre (Subdivision 0.33 0.5 1.0 2.0 4.00 8.0 14.0 12.0 10.0 30.0 N/A N/A Page 256 of 342 Gross) Min. Dwelling Units/Acre N/A N/A N/A N/A N/A N/A N/A N/A N/A 12 N/A Clustered Residential Zoning Districts Min. Average Lot Area per Dwelling Unit (DU) 1 Acre 20,000 SF Average 8,000 SF 8,000 SF Average 3,750 SF (P) N/A N/A N/A N/A N/A N/A Absolute Min. Lot Area per Dwelling Unit (DU) 1 Acre 10,000 SF 8,000 SF 6,500 SF 3,750 SF Min. Lot Width 100' (M) 100'(M) None None None Min. Lot Depth None None None None None Min. Front Setback(H) Min. Side Setback Min. Street Side Setback N/A Refer to Section 8.3.H.4, Cluster Development, Specific District Standards Page 257 of 342 Min. Side Setback between Structures(B) Min. Rear Setback(L) Max. Impervious Cover(R) 30%30%40%50%55% Max. Height 35'(G)(K) 35'(G)(K) 35'(G)(K) 35'(G)(K) 2.5 Stories/35'(G)(K)(L) Max. Dwelling Units/Acre (Subdivision Gross) 0.5 1.0 2.0 4.00 8.0 Notes : (A)  A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (B)  Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (C)  Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single-family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D)  Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E)  The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (F)  Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. Page 258 of 342 (G)  Shall abide by Section 7.2.H, Height. (H)  Reference Section 7.2.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I)  Reference Section 7.2.D.1.b for lots with approved rear access. (J)  For areas within a Single-Family Overlay District, reference the Neighborhood Prevailing Standards Overlay Districts Section in Article 5 or the Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K)  Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L)  Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M)  In subdivisions built to rural street standards, lots shall be a minimum of one hundred (100) feet in width. There is no minimum lot width in cluster subdivisions built to urban street standards. (N)  Estate lots that are part of a subdivision existing on or before September 12, 2013 are not permitted to use Cluster Development Standards without rezoning approval, which incorporates the entire subdivision. (O)  For MU zoned properties, maximum side street and front setbacks may be measured from the edge of a public easement when it is in excess of the maximum setback. Maximum setbacks may be increased to up to eighty-five (85) feet to accommodate a parking lot between the structure and the street. Maximum setback requirements may be fulfilled through the use of plazas, outdoor dining, and bicycle parking. (P)  Reference Section 8.3.H.4.e when using the cluster option in the Wellborn Community Plan area. (Q) Minimum side setback may be reduced to five (5) feet where property on both sides of a lot line is owned and/or developed simultaneously by a single party. Development under reduced side setbacks requires prior approval by the Zoning Official, and must be established by plat. In no case shall a single-family residence be built within fifteen (15) feet of another primary structure. When reduced side setbacks are approved, sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features are prohibited from extending into the required side yard setback (R) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. Work being performed by the homeowner and/or resident that does not require a building permit, that is less than 120 square feet, and that does not cause the lot to exceed the applicable maximum impervious cover, does not require an Impervious Coverage Permit. (S) Maximum impervious cover for MF and MU zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee. (Ord. No. 2012-3449 , Pt. 1(Exh. M), 9-27-2012; Ord. No. 2012-3458 , Pt. 1(Exh. A), 11-8-2012; Ord. No. 2013-3471 , Pt. 1(Exh. B), 1-10-2013; Ord. No. 2013-3521 , Pt. 1(Exh. E), 9-12-2013; Ord. No. 2014-3624 , Pt. 1(Exh. D), 12-18-2014; Ord. No. 2016-3792 , Pt. 1(Exh. C), 7-28-2016; Ord. No. 2018-4034 , Pt. 1(Exh. A), 8-23-2018) Page 259 of 342 Sec. 5.6. - Retired Dimensional Standards. A.  Retired Residential Zoning Districts. The following table establishes dimensional standards that shall be applied within the Retired Residential Zoning Districts, unless otherwise identified in this UDO: Retired Residential Zoning Districts R-1B R-4 R-6 Min. Lot Area per Dwelling Unit (DU) 8,000 SF None None Min. Lot Width None None None Min Lot Depth None None None Min. Front Setback (H) 25'(D) 25'(D) 25'(D) Min. Side Setback 7.5' (C) (A)(B) (A)(B) Min. Side Street Setback 15' 15' 15' Min. Side Setback between Structures (B) 15' 7.5' 7.5' Min. Rear Setback (I) 20' 20' 20' Max. Impervious Cover (M)55%(N)(N) Max. Height 2.5 Stories/35'(G)(K)(L) (G)(L) (G)(L) Max. Dwelling Units/Acre 6.0 20.0 30.0 Notes: (A)  A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (B)  Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (C)  Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single-family Page 260 of 342 residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D)  Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E)  The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (F)  Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (G)  Shall abide by Section 7.2.H, Height. (H)  Reference Section 7.1.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I)  Reference Section 7.2.D.1.b for lots with approved rear access. (J)  Reference Section 5.12 for areas in Neighborhood Prevailing Standards Overlay Districts and reference Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K)  Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L)  Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. (N) Maximum impervious cover for R-4 and R-6 zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee. Page 261 of 342 Sec. 6.5. - Accessory Uses. …. B.  Accessory Structures. 1.  In combination, all accessory uses shall contain no more square footage than twenty-five (25) percent of the habitable floor area of the principal structure or 400 square feet, whichever is greater. Garage or carport areas devoted to the storage of vehicles shall not be included in the calculation of the twenty-five (25) percent restriction. 2.  No accessory structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building or structure if the Building Official has determined that it does not require a Building Permit. 3.  On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property line. In no event shall more than thirty (30) percent of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures, or uses. 4.The maximum impervious cover of the lot’s applicable zoning district, as defined in Section 5.2 Residential Dimensional Standards, shall not be exceeded by the addition of accessory uses or structures. 5.  The following restrictions shall apply to accessory buildings, structures, or uses other than garages, carports, and living quarters. a.  A minimum rear setback of fifteen (15) feet; and, b.  A maximum building eave height of eight (8) feet. 6.  Garage and Carports . Garages and carports in residential zoning districts, including those of a temporary nature, shall have a minimum rear setback of twenty (20) feet. A minimum side yard setback of twenty (20) feet shall also be applied when garages and carports, including those of a temporary nature, gain access from a side street. All other setbacks shall be applied as required in the district in which the structure is located. The following restrictions shall apply to garages and carports: a.  A minimum rear setback of twenty (20) feet; and, b.  A minimum side street setback of twenty (20) feet is required for garages or carports that face onto side streets. 7.  Living Quarters . In areas zoned and used for single family residential use, accessory living quarters are allowed subject to the following: a.  The property owner resides on-site and uses the subject property as their primary residence. b.  There is a limit of one (1) accessory living quarter per building plot. c.  No more than two (2) unrelated persons live in the accessory living quarters; and d.  One (1) additional off-street parking space is provided for the living quarters. Page 262 of 342 Sec. 11.2. - Defined Terms. …. Impervious Cover: Impervious cover is the percentage of a lot’s area that is covered, or proposed to be covered, by impervious surfaces. Impervious Surface: Impervious surface is a measure of land use intensity and is the considered any proportion of a site occupied by impervious surfaces materials or construction that limits the absorption of water by covering the natural land surface; this shall includeing, but is not limited to, buildings, sidewalks, drives, all-weather surfaces, parking, rooftops, patios, decking, masonry, stone, and other alternative pavements. Alternative materials used for landscaping purposes in non-load bearing areas, and the water surface area within the walls of pools are not considered impervious surfaces. An area of gapped decking shall be calculated as fifty percent (50%) of the proposed decked area for the purpose of impervious cover. Page 263 of 342 March 9, 2020 Item No. 5.5. Ordinance amending Chapter 8, “Businesses,” Article VIII “Mobile Food Vendors” of the Code of Ordinances of the City of College Station, Texas, regarding mobile food vendors Sponsor:Rachel Lazo Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Chapter 8, “Businesses,” Article VIII “Mobile Food Vendors” of the Code of Ordinances. Relationship to Strategic Goals: • Diverse Growing Economy Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: The purpose of this amendment is to clarify existing application requirements regarding location, fire prevention, solid waste, and wastewater disposal. The modifications will simplify the application and renewal process, and bring the permit denial, suspension, revocation, and appeal processes into compliance with other permit types. These amendments apply to both new and renewing Mobile Food Vendor applications. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.CH 8 Art VIII MFV Ordinance Page 264 of 342 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 8, “BUSINESSES,” ARTICLE VIII “MOBILE FOOD VENDORS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO MOBILE FOOD VENDORS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 8, “Businesses,” Article VIII, “Mobile Food Vendors,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 265 of 342 ORDINANCE NO._____Page 2 of 10 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 266 of 342 ORDINANCE NO._____Page 3 of 10 EXHIBIT A That Chapter 8, “Businesses,” Article VIII, “Mobile Food Vendors,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: ARTICLE VIII. - MOBILE FOOD VENDORS DIVISION 1. - GENERALLY Sec. 8-381. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Contact person means a person responsible for the mobile food unit while in service. The contact person can be the owner, applicant, or an authorized representative. Edible goods shall include, but is not limited to: (1)  Prepackaged food, including, but not limited to, candy, beverages, and ice cream. (2)  Prepared food, including, but not limited to, hot dogs, desserts, and pizza. (3)  On-site prepared food, including, but not limited to, shaved ice, sandwiches, and tacos. Food service establishment means a business that sells edible goods and has been inspected and approved by the Brazos County Health District, including a commercial kitchen and commissary, and shall specifically exclude accessory or self-serve retail food sales as described in Texas Food Establishment Rules 25 TAC 228.2 (57) as amended. Mobile means the state of being in active, but not necessarily continuous, movement. Mobile food court means a land use approved though a conditional use permit (see Unified Development Ordinance (see App. A)) and developed in conformity with an approved site plan (see Unified Development Ordinance (see App. A)). This land use is specifically for two or more mobile food vendors congregating to offer edible goods for sale to the public and providing shared amenities for all vendors' customers. Mobile food vendors means any business that sells edible goods from a stationary location within the City. The term "mobile food vendors" shall include, but not be limited to: (1)Mobile food trucks. A mobile food truck is a self-contained motorized unit selling items defined as edible goods. (2)Concession carts. A concession cart is a self-contained unit that is moved by non- motorized means. (3)Concession trailers. A concession trailer is a self-contained unit that is pulled by a motorized unit and has no power to move on its own. Page 267 of 342 ORDINANCE NO._____Page 4 of 10 Non-refrigerated means edible goods that are not required to be kept at a temperature below 41 degrees Fahrenheit according to the Federal Food and Drug Administration and the Texas Food Establishment Rules. Sell means the act of exchanging a good for a profit or in return for a donation. Stationary location means the position of the mobile food vendor when not in motion and selling to the public. Sec. 8-382. - Exemptions. (a)Farm Products. Any mobile food vendor selling only non-refrigerated farm products in an unrefined state is exempt from this article. (b)Special Events. Mobile food vendors operating solely as a part of a City-permitted Special Event are not required to have a mobile food vendor permit under this article, but are required to obtain a Brazos County Health District temporary food permit and provide a copy of a valid permit for a mobile food vendor business. Sec. 8-383. - Offenses and regulations. (a)It is unlawful for any person to: (1)Operate or act as a mobile food vendor without a valid City permit. (2)Directly or indirectly misrepresent information on the permit application or affidavit. (3)Directly or indirectly represent that the City issuing a permit constitutes the City's endorsement or approval of the mobile food vendor. (4)Operate a mobile food vendor operation not in compliance with the Texas Food Establishment Rules, Brazos County Health District rules or any other food safety laws, as amended from time to time. (5)Violate any provision of this article. (b)A permit may only be granted to a business associated with a food service establishment, unless the mobile food vendor is not required to obtain a permit from the County Health District. (c)Permits are non-transferable. (d)A violation of this article shall be punished as provided in Section 1-7. Sec. 8-384. - Zoning and location restrictions. (a)Distance regulations. (1)Zoning Districts. Mobile food vendors shall not operate within any single-family residential or agricultural zoning district, including townhouse districts, but may be located in such districts when selling and within 100 feet of a property with an active building permit or located within a public park facility. Page 268 of 342 ORDINANCE NO._____Page 5 of 10 (2)Food Service Establishments. Mobile food vendors shall not be located within 100 feet of the primary entrance of an open and operating fixed-location food service establishment outside of Northgate. This buffer may be reduced upon receiving written permission from the establishment. (3)Northgate. In Northgate only, a mobile food vendor may not be located within 100 feet of an existing business lawfully operating as a restaurant as defined by the Unified Development Ordinance (see App. A) within Northgate. This buffer may be reduced upon written permission from said restaurant. (b)A mobile food vendor shall not sell: (1)Longer than 5 hours per day per location. (2)Longer than 21 hours per day per location in NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts. (3)Longer than 30 minutes on any public street designated on the City's Thoroughfare Plan as a minor collector or lesser. (4)On any public street designated on the City's Thoroughfare Plan as a major collector or greater. (5)In any area where operations impede vehicular or pedestrian traffic, accessible routes, drive-aisle or road access, fire access, or sight distances. (6)In a bike lane. (7)Between the hours of 2:00 a.m. and 5:00 a.m. (8) In any other location the City reasonably believes presents a public safety or health concern. (c)Concession Carts. Concession carts shall not disrupt pedestrian traffic, must keep a five-foot clear space around the mobile vending unit, and are only allowed in: (1)Northgate zoning districts, (2)Wolf Pen Creek District at a mixed-use development, (3)An approved mobile food court, (4)Other planned mixed use developments. (d)Location regulations. (1)Mobile food vendors shall not locate on any private property without written permission to sell from the property owner on letter head with current contact information, signed by the property owner. Mobile food vendors must comply if asked to leave by the property owner or City official. A copy of the written permission to operate in a specific location, signed by the private property owner, must be kept within the mobile vending unit at all times. (2)A mobile food vendor may not be located within 20 feet of another mobile food vendor unless they are within a mobile food court and located in accordance with the approved mobile food court site plan. Page 269 of 342 ORDINANCE NO._____Page 6 of 10 Sec. 8-385. - Mobile food vendor requirements. (a) Mobile food vendors must: (1)TFER. Comply with all sections of Texas Food Establishment Rules 228.221 for mobile food unit requirements. (2)Trash. Be equipped with two portable trash receptacles. Following sales at any location, all disturbed areas must be cleaned at a minimum of 20 feet around the perimeter of the sales location. (3)Solid Waste and Wastewater. Be responsible for proper disposal of solid waste and wastewater at approved sanitation facilities, as specified in the application. The City requires wastewater and grease disposal facilities have a grease interceptor with more than 500-gallons capacity. These facilities may be located at an approved Food Service Establishment or other approved facility. (4)Fixtures. Not provide any freestanding fixtures including, but not limited to, tents and canopies. Waste receptacles are exempt. Tables and chairs may be allowed if there is sufficient space, they do not impede vehicular or pedestrian access, and are stored nightly. (5)Music. Not play continuous music or repetitive sounds. (6)Lights. Not display or project flashing, blinking, or traveling light signs or displays. (7) Spacing. Keep a five-foot clear space around the mobile food vending unit. (8)Parks. Not sell in a public park while park concession units are operating. (9) No Smoking. Post a "No Smoking" sign visible from the order window. (10)Fire Extinguisher. Maintain a tagged fire extinguisher accessible at all times. The appropriate type(s) of fire extinguisher(s) is determined by the Fire Marshal. (11) Vent Hood. Have an extinguishing vent hood, Type 1 or other, if the cooking process produces grease laden particles. Upon initial application for a mobile food vendor permit with a newly installed vent hood system, plans must be submitted as part of the application and vent hoods must be tested in the presence of a Fire Marshal representative. For permit renewals, vent hoods must have a current inspection. (12)Insurance, Registration and DL. Vehicle must have a current registration and insurance. The driver must have a valid driver’s license in their possession at the time of inspection. All of these items will be reviewed by a Fire Marshal representative. (13) Service Log. Keep a service log for the mobile food vendor, documenting the date and time of arrival and departure from the food service establishment where the vendor's services are performed. The mobile food vendor shall make the service log available for inspection upon request. Sec. 8-386. – Mobile Food Courts. (1)Distance. Minimum distance regulations for mobile food courts are described in Specific Use Standards of the Unified Development Ordinance (see App. A). Minimum distance requirements may be increased through the conditional use permit process described in Development Review Procedures of the Unified Development Ordinance (see App. A). Individual mobile food vendors within a mobile food court shall be located as identified on the approved mobile food court site plan. Page 270 of 342 ORDINANCE NO._____Page 7 of 10 (2)Requirements. Mobile food vendors on an approved pad site within a mobile food court may remain at the mobile food court with the following exceptions: a.Short-Term. Mobile food vendors shall leave a short-term mobile food court site at least once a year to retain their status as mobile food vendors. b.Long-Term. Mobile food vendors shall leave a long-term mobile food court site, or a pad site within the court, at least once a year to retain their status as mobile food vendors. (3)Hours. Mobile food vendors within a designated mobile food court shall not be open between the hours of 3:00 a.m. and 5:00 a.m. Sales shall only be within the approved hours of operation for the court, which may be restricted through the conditional use permit. DIVISION 2. - PERMIT Sec. 8-414. - Permit. Every mobile food vendor must have a permit issued by the City to conduct a mobile food vendor business. Sec. 8-415. - Application. An applicant must apply for a permit on a City application form. A complete application shall require the following information from the applicant for consideration: (1)Contact Information. Full applicant name and business owner or entity legal name, phone numbers, and any forms of government issued identification; (2)Contact Person. Contact person’s name, phone number, address and a copy of their valid driver’s license issued by a U.S. state or territory. Concession cart operators may provide any form of valid government issued identification; (3)Business Information. State in which the business entity is filed and if applicable, copies of business formation documents, current listing of directors, partners, or principles, managers and owners (publicly traded companies are exempted); (4)Foreign Companies. Copy of permits or filings for foreign companies to do business in Texas; (5)Food Permit. Copy of a valid Brazos County Health District food permit issued to the mobile food vendor unit; (6)Central Prep Agreement. Copy of a valid Brazos County Health District central preparation facility agreement signed by the food service establishment and the mobile food vendor unit. (7)Tax Information. Sales tax number with a copy of sales tax permit; (8)Property Owner Information. Signed permission from all private property owner(s) authorizing use of the property(s) as sales locations, on letter head with current contact information and signed by the property owner(s); (9) Locations. Address(es) and location plan or diagram of sales locations; (10)Food. Description of edible good being sold; (11)Unit Information. Vehicle identification number, license plate number, description of mobile food vending unit, and description of attached signage; Page 271 of 342 ORDINANCE NO._____Page 8 of 10 (12)Insurance. Proof of business auto liability insurance covering the mobile food vending unit and authorized drivers must meet the State of Texas minimum level of auto liablity insurance; (13)Bond. A bond in the sum of not less than $1,000.00, executed by the mobile food vendor with two or more good and sufficient sureties satisfactory to the Finance Director. The bond shall be payable to the City, for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caused by or arising from or growing out of any action of the mobile food vendor while conducting business in the City. The bond shall remain in full force and effect for the entire duration of the permit provided herein. The bond shall not be required for the sale of goods in interstate commerce; (14)Civil Judgments. A signed affidavit stating the applicant, business owner, and contact person have no unpaid civil judgments against them arising from a business activity which may be covered by this article if in effect at the time in the jurisdiction where such judgments are of record; (15)Criminal Convictions. A statement of all convictions of the applicant, business owner and unit contact person in any state, the United States or U.S. possession within the last ten years; and (16) Other. Any other information the City deems necessary for the safe operation of a mobile food vendor business. Sec. 8-416. – Permit Review and Inspection. (a)The application shall be processed through the following method: (1) The applicant submits a completed application to the City for review. (2)After the applicant satisfies all application requirements an inspection is scheduled by the City. (3) After passing the inspection, the City may issue an approved mobile food vendor permit. (4) The mobile food vending unit may be subject to random inspection during the permit term and will be inspected by the City at permit renewal. Sec. 8-417. – Application and Permit denial. (a)An Application or Permit may be denied if: (1)Civil Judgments. The applicant, business owner or contact person has an unpaid civil judgment against him or her relating to the duties and responsibilities of the permitted occupation which shall be determined by the nature and the amount of the judgment, the relationship of the judgment to the purpose of the permit and the extent the permit would allow someone to engage in further activity that would lead to unsatisfied civil judgments; (2)Criminal Convictions. The applicant, business owner or contact person has been convicted within the past ten years of a felony crime or the following offenses: a.Prostitution or related offenses; b.Driving while intoxicated; Page 272 of 342 ORDINANCE NO._____Page 9 of 10 c.Driving while under the influence of drugs; d.Violations of the Texas Controlled Substance Act (Texas Health and Safety Code ch. 481); e.Rape, murder, attempted murder, aggravated assault; f.Theft over $500.00; g.A felony or other offense involving moral turpitude adversely affecting the person's ability to provide safe and reliable mobile food vending; and h.The offense descriptions in Subsection (2) of this section are meant to be descriptive only and not as exclusive to convictions under the Texas Penal Code. They include convictions for comparable offenses as provided under other State or Federal law. (3)The applicant, business owner or contact person failed to provide proof of a license or permit required by law or ordinance for mobile food vending operations. (4)The applicant, business owner, contact person or persons associated with the mobile food vendor permit or application has violated this article or has been convicted of any violations of this article within the 24-months immediately preceding the application. (5)The required application or permit information is incomplete, incorrect, does not meet minimum requirements, provides false or misleading information, or shows a person is not otherwise entitled to conduct business as a mobile food vendor; or (6)The permits or applications have been denied from previous violations of this Article. Sec. 8-418. - Permits. (a) Fee. The application fee for a mobile food vendor permit shall be established in Section 2- 117. Each mobile food vendor unit is separately permitted. (b)Permit Term. Mobile food vendor permits are valid for one year from the permit issue date. (c)Permit Renewal. Upon renewal, the applicant must provide payment of a renewal fee established in Section 2-117, and updated permitting documentation. The applicant must submit the application and renewal fee no less than 30 days before expiration of the permit or must reapply as a new applicant. (d) Concession Carts. Concession carts shall apply under a reduced fee for initial application, and a reduced fee for renewal, all as established in Section 2-117. Sec. 8-419. - Display of permit. Every permit, including those from the City and the Brazos County Health District, must be displayed at all times in a conspicuous place on the mobile food vendor's truck, concession cart, or concession trailer where it can be read by the general public. Sec. 8-420. - Permit revocation or suspension. (a)The City may revoke or suspend any permit issued under this article if: (1)The applicant, business owner, contact person, agent or employee of the mobile food vendor has violated this article, any City ordinance, State law, or any policies or rules pursuant to this article. Page 273 of 342 ORDINANCE NO._____Page 10 of 10 (2)The applicant, business owner, or contact person, agent or employee of the mobile food vendor has been arrested or convicted of a felony or other offense involving moral turpitude, which may adversely affect the ability to provide safe and reliable mobile food service to the public. (3)Material facts were intentionally omitted or falsely stated on the application. (4)The applicant, business owner, or contact person is delinquent on any taxes owed to the City or fails to show financial ability to maintain services in compliance with this article. (5)There is non-conformity to the application location specifications or requirements or non-conformity to an approved location plan or diagram. (6)Any Brazos County Health District regulations are violated or there is not a valid County Health District Permit. Sec. 8-421. - Appeal of permit revocation, suspension, or denial. (a) Appeal Process. The permit revocation, suspension, or application denial shall include a copy of the appeal process, as stated below: (b) Appeal. The applicant or owner has the right to appeal any permit denial, suspension or revocation to the City Manager: (1)The written appeal must include relevant information or evidence and be delivered to the City Secretary within five days after the date of the denial, suspension or revocation. (2)If the City Secretary does not receive a timely appeal the permit denial, suspension or revocation is final. (3)If the City Secretary receives a timely appeal the City Manager or designee shall render a final written decision within 20 business days. Sec. 8-422. - Reapplication after permit revocation, suspension, or denial. (a)If a mobile food vendor applicant or business owner is not in compliance with this article or any other ordinances, laws, or the approved mobile food vendor application, the following actions will be taken: (1)First violation. A warning, summons or citation may be issued, or the permit may be revoked or suspended and the vendor may become ineligible for new or reissued permit for three months. (2)Second violation. A summons or citation may be issued and the permit will be revoked and the mobile food vendor may become ineligible for new or reissued permit for three months. (3)Third violation. A summons or citation may be issued and the permit will be revoked and the mobile food vendor will become ineligible for new or reissued permit for one year. (b)If an applicant's permit has been denied and the appeal is denied, the applicant may not reapply for three months. Page 274 of 342 March 9, 2020 Item No. 5.6. Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Core Construction accepting the Guaranteed Maximum Price (GMP) of $1,332,208 for site improvements for the new city hall project Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Core Construction accepting the Guaranteed Maximum Price (GMP) of $1,332,208 for site improvements for the new city hall project. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approving Amendment No. 1 for the GMP of $1,332,208 for the site construction of the new City Hall. Summary: This amendment to the current construction manager at risk contract with Core Construction, accepting the guaranteed maximum price, includes all needed site work for the new city hall project. This includes earthwork, site utilities, and stormwater pollution prevention. There will be a second amendment (presented to Council in April) which will include the GMP for the building construction, dry utilities, and paving work. The new city hall will be a three story, 79,000 square foot facility incorporating several departments into one central location. Work is scheduled to commence after approval of this contract amendment and is anticipated to be completed in 2022. Budget & Financial Summary: Budget in the amount of $39,300,000 is included for this project in the General Government Capital Improvement Projects Fund. $1,841,714 has been expended to date for design and related expenses, leaving a balance of $37,458,286 for this contract and future expenses. Reviewed & Approved by Legal: No Attachments: 1.Amendment No. 1_CMAR City Hall Project 19300095 Page 275 of 342 Page 276 of 342 Amendment No. 1 to CMAR Contract 19300095 (CORE Construction) New City Hall Building – Site Development GMP Package Page 2 of 2 CITY OF COLLEGE STATION By: City Manager Date:__________________ APPROVED: City Attorney Date:__________________ Assistant City Manager/CFO Date:__________________ List of Exhibits: • Exhibit A to Amendment No. 1 – Site Development GMP Package Page 277 of 342 10625 N County Rd I Frisco, TX 75033 I PH: 972.668.9340 I FAX: 972.668.9351 I www.COREconstruction.com ROC A-110343, B-01 069786, B-199920 ARIZONA • FLORIDA • ILLINOIS • INDIANA • LOUISIANA • NEVADA • TEXAS Proposal February 28, 2020 Mr. Ryan Key City of College Station 1101 Texas Ave. College Station, TX 77840 Re: Site Development Cost Estimate: College Station City Hall Dear Ryan, On behalf of CORE Construction, I am pleased to submit our Site Development Cost Proposal for the College Station City Hall. GMP Summary: Total Design Development Price $1,332,208 Enclosed you will find the Basis of GMP Clarifications, Cost Summary, Scope Sheets and Subcontractor Bids. We look forward to a successful and enjoyable project together. Thank you for this opportunity, please do not hesitate to contact me directly with any questions or comments. Respectfully submitted, Steven Normand Steven Normand Director of Preconstruction CORE Construction, Inc. Exhibit A to Amendment No. 1 Site Development GMP Package Page 278 of 342 Basis of Estimate College Station City Hall – Site Development 2-28-2020 F r i s c o , T e x a s CORE Construction, Inc. Basis of Estimate Page 1 The Basis of Estimate is a written explanation clarifying the scope, assumptions and exclusions used in establishing the Site Development GMP estimate dated February 28, 2020. All costs are based on CORE’s incorporation of the scope shown on the Civil Construction Plan Documents, dated February 2020, after one round of civil permit review comments, and the scope clarifications below. Assumptions, Clarifications, & Exclusions Schedule · Anticipated construction start: March, 2020 · Duration of Construction New: +/- 2.5 months (March, 2020 – May, 2020) · Substantial Completion: TBD as building package will follow. Contingency & Allowances · Construction Contingency of 3% ($39,966) is included in this proposal – Construction Contingency is intended to be used at CORE’s discretion to cover costs that have not been identified in the Estimate, specific scope on the GMP setting documents and may require further clarification or coordination. These costs may include scope gap, coordination issues between trades, and missed scope during the subcontractor bidding process. Construction Contingency does not account for design revisions or additional scope requests made by the Owner or Architect. General Assumptions & Clarifications · Scopes of work included: o Soil Erosion o Site Utilities (wet) o Earthwork · CORE has not included any costs for building permit or review fees. · We understand the existing City Hall buildings will remain operational, during the course of construction. Page 279 of 342 Basis of Estimate College Station City Hall – Site Development 2-28-2020 F r i s c o , T e x a s CORE Construction, Inc. Basis of Estimate Page 2 · We assume normal working hours. We will strive to complete the major demolition activities before or after business hours, or on Weekends. Specific Exclusions to GMP · The following are excluded and assumed to be by owner or owner’s vendor: o Utility Tap Fees & Assessments o Permit or Plan Review fees. o Fiber Optic and/or other Site Utility Relocates. o Relocate existing gas meter outside of phase limits. Ref. C2.02 o CSU to remove existing Overhead Electrical. Ref C2.02 o Demolition of aerial line and services. Ref C2.02 o All existing Power Pole to be removed by CSU. Ref C2.04 o Fiber optic line and underground telephone line to be removed. Ref C2.04 o Material Testing and Inspection Fees Page 280 of 342 GMP SUMMARY - SITE DEVELOPMENTLOCATION:College Station, TXARCHITECT:KirkseyDURATION(mnths):2WARRANTY(yrs):1SITE ACREAGE:8.0 SQUARE FOOTAGE:79,083GENERAL REQUIREMENTS$47,271$5,908.884.43%$38,297$8,974GR1General Requirements - SiteCORE$47,271$5,908.884.43%$38,297$8,974SITE WORK (ROUGH)$980,909$12.4091.83%$1,980,431($999,522)1EarthworkKelly Burt$506,883$63,360.3847.45%$522,904($16,021)2Site UtilitiesBPI$451,034$56,379.2542.23%$1,457,527($1,006,493)Deleted Underground detention: ($450,000)Prev Est included $315,000 in conduit for fiber, etc; now will be included in Building package with electrical scope3Soil ErosionEnvironmental Allies$22,992$2,874.002.15%$0$22,992in Previous earthwork estimateCONTINGENCIES & ALLOWANCES$39,966$0.513.74%$03.0%Construction ContingencyCORE$39,966$4,995.783.74%0.0%Owner Contingency$0$0.00GENERAL REQUIREMENTSBASED ONSUB TOTALREQUIREDGeneral ConditionsCarried from 'GC's' Tab$214,104INSURANCE, BONDS, AND BUILDERS RISKBASED ONSUB TOTALREQUIREDGeneral Liability$1,332,208$11,857REQUIREDSubcontractor Insurance$1,332,208$0REQUIREDPayment and Performance Bond$1,332,208in GC'sREQUIREDBuilders Risk Insurance$1,332,208$1,465RATECONTRACTOR'S FEEBASED ONSUB TOTAL2.75%Construction Manager At Risk Fee$1,332,208 $36,636Prev. Est. Total Variance %$/Acre$166,526Site Development Estimate - February 28, 2020Subtotal$1,068,146College Station City HallNo.DescriptionSUBCONTRACTORBase Price$/Acre(direct cost)% (of direct cost total) Previous EstimateVariance CommentsSubtotal (with General Requirements)$1,282,250Subtotal (with GR's, Prof. Services, & Insurance)$1,295,572Subtotal (GR's, Prof Services, Insurance, Tax, & Fee)$1,332,208Estimate AmountEstimate Total $1,332,208$1,332,208 100.0%Page 281 of 342 Bid Order Sub-Contractor Base BidBase Bid & Accept'd Alt'sBase Bid & All Alt's1CORE$47,271 $47,271 $47,27123456BASE PRICE TOTALBASE BIDQty Unit Unit Price31 20 00 General Requirements$0SITE$0Remove silt fence upon completion of project 3,261 lf 1.00$3,261Wheel Wash station basin maintenance / removal / fill in at 1 ea 1,800.00$1,800Street sweeper 2 mo 1,250.00$2,500Dust Control 2 mo 480.00$960Temporary Construction Fencing 2,500 lf 4.50$11,250INSERT WARRANTY % HERE:Laydown area 2,000 sf 10.00$20,000Deck and porch for trailer 1 ls 7,500.00$7,500$0$0WarrantyBase Bid Price:Date: Why:Reason for not obtaining three bids?:Reason for marking Subcontractor "Incomplete":Warranty Needed in Estimate$0CORE Recommended Sub-Contractor:CORE$47,2712/28/2020Warranty Currently in Estimate$0Specified Reason for Sheet not Being UsedWarranty:8$47,2717PQ Status:COMPLETEEmail:Site Development 2-27Phone:Contact Name:General Requirements1Bidder ResultsCollege Station City HallCOREPage 282 of 342 Bid Order Sub-Contractor Base Bid Base Bid & Accept'd Alt's Base Bid & All Alt's 1 Kelly Burt Dozer Inc $506,883 $506,883 $506,883 2 CORE $522,860 $522,860 $522,860 3 BPI $550,980 $550,980 $550,980 4 5 6 BASE PRICE TOTAL BASE BID Qty Unit Unit Price 31 20 00 Earthwork $322,775 $300,769 Soil Erosion Furnish and install construction entrance 1 ea -$1,500 -$1,500 √-$1,500 √O Strip and haul off excess 3,893 cy $17 $66,181 √O Furnish and install 6" Limestone base for temp road 19 cy $35 $653 √O $653 O Furnish and install temp asphalt driveway 112 sy $35 $3,920 √O $3,920 O 2.00% Cut and Fill building pad - 16" below from FF 4,670 cy $11 $51,370 √√O Cut and Fill for new paving subgrade 103,500 sf $1 $51,750 √√O INSERT WARRANTY % HERE: Furnish and install 6" lime stabilized subgrade for paving 11,500 sy $7 $80,500 √√O Cut and Fill for sidewalks 9,465 sf $1 $9,465 √√O Install 6" lime stabilized material for sidewalks 340 sy $7 $2,380 √√O Backfill site with imported material 3,077 CY $15 $46,155 √√O Finish grading leveling curbs 3,883 lf $2 $7,766 O $7,766 √O Respread topsoil to finish grade 1,389 cy $15 $20,831 O $20,831 O $20,831 O Site Demolition:$215,470 $199,079 $215,470 Phase 1 Remove trees 66 ea $600 $39,600 √-$39,600 √√ Demo curb and gutter 5,340 lf $4 $21,360 √-$21,360 √√ Demo sidewalk 11,793 sf $2 $17,690 √√√ Demo Asphalt & Base 8,853 sy $3 $26,559 √-$26,559 √√ Demo Concrete Pavement 13,224 sf $1 $9,918 √√√ Brick Enclosure at Generator 1 ea $4,500 $4,500 √√√ Demo light pole footings 7 ea $350 $2,450 O $2,450 √√ Demo storm pipe 77 lf $30 $2,310 O $2,310 √√ Demo grate inlet 4 ea $500 $2,000 O $2,000 √√ Remove concrete median 72 sf $3 $180 √√√ Demo brick paver islands 2,040 sf $3 $6,120 √√√ Demo dumpster pad 170 sf $2 $340 √√√ C2.02 Contractor to cut and cap existing gas line 3 ea $2,200 $6,600 O $6,600 O $6,600 O $6,600 C2.02 Remove existing gas meter 1 ea $900 $900 O $900 O $900 O $900 C2.02 Remove existing fiber line 85 lf $14 $1,190 O $1,190 O $1,190 O $1,190 C2.02 Remove existing telephone 80 lf $13 $1,000 O $1,000 O $1,000 O $1,000 Remove existing wall 550 lf $15 $8,250 √√√ Remove concrete flume 810 sf $5 $4,050 √√√ Remove temporary entrance 112 sy $3 $336 O $336 √√ Remove 6" water line 178 lf $12 $2,136 O $2,136 √√ Remove site bollards 6 ea $150 $900 √√$900 √ Remove canopy and columns 1 ls $5,000 $5,000 √O $5,000 √ $0 Mobilization 1 ea $5,000 $5,000 √√√ Mobilizations for 2nd Phase 1 ea $5,000 $5,000 √√√ Mobilization for demo, rough grade and prep 1 ea $5,000 $5,000 √√O Mobilization for finish grading 1 ea $5,000 $5,000 √√O $0 $0 Warranty $10,138 $10,138 Base Bid Price:Date: Why:Lowest qualified bidder - combination Kelly Burt & The Demo Company for site demo Reason for not obtaining three bids?:NA Reason for marking Subcontractor "Incomplete":Demo Company only bid site demo College Station City Hall CORE Kelly Burt Dozer Inc BPI The Demo Company Earthwork 31 Bidder Results Contact Name:Toby Cammack Billy Prewitt Peter Surley Email:burtdozer@gmail.com b.prewitt@bpitx.com Site Development 2-27 Phone:9792202219 9798227605 830-505-0577 PQ Status: COMPLETE COMPLETE COMPLETE INCOMPLETE $522,860 $506,883 $550,980 INCOMPLETE 7 8 Warranty Currently in Estimate $0 Specified Reason for Sheet not Being Used Warranty:$10,138 Warranty Needed in Estimate $0 CORE Recommended Sub-Contractor:Kelly Burt Dozer Inc $506,883 2/28/2020 Page 283 of 342 Page 284 of 342 Page 285 of 342 1 of 4 Proposal 2/27/2020 Steven Normand CORE Construction RE: City Of College Station New City Hall Building. Dear Mr. Normand, This is estimate based off of Civil Plans by Kimley-Horn dated February 14th, 2020. The scope of work includes all labor, materials, equipment, and trucking as qualified herein. Scope of Work Qty UM Demolition: Phase 1 Remove Trees 44 EA Demo Curb & Gutter 3560 LF Demo Sidewalk 2463 SF Demo Asphalt & Base 5808 SY Demo Concrete Pavement 4408 SF Brick Enclosure At Generator 1 EA Demo Light Pole Footings 7 EA Demo Storm Pipe 60 LF Demo Grate Inlet 2 EA Remove Concrete Median 72 SF Demo Brick Paver Islands 324 SF Demo Dumpster Pad 169 SF Phase 2 Remove Temporary Entrance 112 SY Remove Trees 22 EA Demo Curb & Gutter 1740 LF Demo Sidewalk 9330 SF Demo Asphalt & Base 3045 SY Demo Brick Paver Islands 1716 SF Demo Concrete Pavement 8816 SF Remove Existing Wall 549 LF Concrete Flume 810 SF Demo Storm Pipe 17 LF Demo Grate Inlet 2 EA Demo 6" Water Line 180 LF Demolition Total: $199,079.00 Page 286 of 342 2 of 4 Earthwork: Strip and Haul Off 3893 CY Onsite Cut and Fill 4673 CY Import Common Fill 2160 CY 6" Stabilized Sub Grade Under Pavement 11449 SY 6" Stabilized Sub Grade Under Sidewalk 340 SY Backfill & Finish Grade 3077 CY Earthwork & Demo Total: $300,769.25 Site Paving: Phase 1 7" Heavy Duty Pavement 2330 SF 6" Concrete Pavement 78779 SF 6" Monolithic Curb 3883 LF Temporary Road 112 SY Sub Grade Prep 112 SY 6" Flex Base 112 SY 1 1/2" HMAC 112 SY 6" Curb On Top Of Asphalt 98 LF 4" Sidewalk 11788 SF Handicap Ramps 577 SF Install Removable Bollards (Bollards To Be Furnished By Others) 8 EA Striping & Signage For Parking Lot 1 LS Wheel Stops 5 EA Phase 2 6" Concrete Pavement 16482 SF 6" Monolithic Curb 1563 LF 4" Sidewalk 9461 SF Handicap Ramps 424 SF Concrete Steps 35 SF Curb & Gutter Replacement At Street 117 LF Concrete Flume 94 SF Wheel Stops 1 EA Striping & Signage For Parking Lot 1 LS Site Paving Total: $675,268.35 Site Utilities: Storm Sewer Phase 1 2.5" PVC 9 LF 8" HDPE 317 LF 12" HDPE 482 LF 18" HDPE 514 LF 24" HDPE 735 LF Grate Inlet 4 EA Junction Box W/ Grate Inlet 2 EA 5' Curb Inlet 4 EA 4' Diameter Manhole 8 EA 24"x12" Wye 3 EA 18"x12" Wye 2 EA Page 287 of 342 3 of 4 12" Wye 4 EA 12"x45 HDPE Bends 7 EA 8" Wye 2 EA 8"x45 HDPE Bends 5 EA Tie Into Inlet 3 EA Phase 2 12" HDPE 52 LF 18" HDPE 25 LF Grate Inlet 1 EA Tie Into Inlet 1 EA Storm Sewer Total: $261,193.00 Water Line: Connect To Existing Water Line 4 EA 8" PVC C-900 1000 LF 6" PVC C-900 91 LF 2.5" SDR-21 PVC 89 LF 12" Gate Vlave 1 EA 8" Gate Valve 7 EA 6" Gate Valve 3 EA 2.5" Gate Valve 1 EA 8" Bends 8 EA 2.5" Bends 3 EA 12"x8" Tee 1 EA 8"x8" Tee 3 EA 8"x6" Tee 1 EA 8"x6" Reducer 2 EA 6"x2.5" Tee 1 EA 2" Irrigation Tap w/ 2" Valve 1 EA 3" Meter & Backflow Preventer Vault 1 EA 8" Backflow Preventor 1 EA Post Indicator Valve 1 EA 8" FDC 1 EA Fire Hydrant 2 EA Testing 1 LS Water Line Total: $135,993.00 Sanitary Sewer: 6" Cleanout 2 EA 6" SDR-26 PVC 128 LF 6"x45 Bends 2 EA Testing 1 LS Asphalt Repair 67 SY Tie in to MH 1 EA Sanitary Sewer Total: $18,528.00 Grand Total: $1,590,830.60 Page 288 of 342 4 of 4 Alternate: Asphalt Pavement In Lieu Of 6" Concrete Pavement Phase 1 8" Limestone Base (Type A, Grade 1-2) 7890 SY 2" HMAC Type D 7890 SY 24" Curb & Gutter 3883 LF Phase 2 8" Limestone Base (Type A, Grade 1-2) 1484 SY 2" HMAC Type D 1484 SY 24" Curb & Gutter 1563 LF Alternate (Deduct): -$58,635.90 Notes: • Tax on Materials has been Excluded in the above scope of work. • This proposal is broken out for convenience, but the intent of the proposal is to do all scope of work for the Grand Total amount. If sections of work are wished to be taken out of the Grand Total please request those exclusions as it could impact the cost of the particular sections. Exclusions: • Testing, Permit Fees, or Bonds • Importing Select Fill • Any work inside the building pad area • Installation of Walls or Wall Footings (Not Enough Detail In Landscape Drawings) • Guard Rail • Concrete or Sub Grade for Brick Pavers • Demo of Building • Brick Pavers • Installation or removal any temporary or permanent fencing. • Irrigation lines or sleeving • Damage to unmarked utilities. • Sod, Seed, or Landscape. • Erosion Control Installation, Maintenance, and/ or filing of NOI • Cleaning of Roads for Other Subs. • Haul Off of other Contractors Spoils. If you have any questions concerning this estimate, please contact me at (979) 822-7605 Ext. 109 or b.prewitt@bpitx.com. Respectfully submitted, Billy Prewitt Vice President Page 289 of 342 RE: College Station City Hall - Site Development Thank you for the opportunity to propose on the referenced project. Please see below for a list of inclusions, clarifications and exclusions. Work Included in our Scope: Drawings Dated:2/7/2020 Addenda: N/A PHASE 1 SITE DEMO C2.01 - PAVING DEMOLITION - PHASE 1 ·       Remove Exist. Brick Enclosure ·       Remove Exist. Asphalt Paving, 2.5" ·       Remove Exist. Concrete Drive Apron, 6" ·       Remove Exist. Concrete Sidewalks ·       Remove Exist. Curb ·       Remove Exist. Tree PHASE 2 SITE DEMO C2.03 - PAVING DEMOLITION - PHASE 2 ·       Remove Exist. Asphalt Paving, 2.5" ·       Remove Exist. Canopy & Columns ·       Remove Exist. Concrete Drive Apron, 6" ·       Remove Exist. Concrete Flatwork ·       Remove Exist. Concrete Flume ·       Remove Exist. Concrete Island ·       Remove Exist. Concrete Paving, 6" ·       Remove Exist. Concrete Retaining Wall ·       Remove Exist. Concrete Sidewalks ·       Remove Exist. Concrete Stoop ·       Remove Exist. Curb & Gutter ·       Remove Exist. Site Bollards ·       Remove Exist. Tree February 27, 2020 Page 290 of 342 BUILDING WRECKING C2.03 - PAVING DEMOLITION - PHASE 2 ·       Remove Exist. City Hall Building & Foundations, (3 connected buildings) ABATEMENT ·       Contain Remove & Dispose of Asbestos Containing Floor Tile & Mastic, approx. 12,000 sf ·       Contain Remove & Dispose of Asbestos Containing Ceiling Plaster, approx. 450 sf ·       Contain Remove & Dispose of Asbestos Containing Window Caulking, approx. 1250 lf ·       Contain Remove & Dispose of Asbestos Containing Pipe Insulation, approx. 1000 lf ADDITIONAL NOTES: ·       Site conditions must be verifed to validate pricing provided in this proposal. PHASE 1 SITE DEMO………………………………….…………………………………………………..110,700.00$ PHASE 2 SITE DEMO………………………………….…………………………………………………..104,770.00$ BUILDING WRECKING………………………………….…………………………………………………..380,620.00$ ABATEMENT………………………………….…………………………………………………..67,700.00$ Please let me know if you have any questions. Thanks, The Demo Company Peter Surley 830-505-0577 Page 291 of 342 Clarifications: ·       The Demo Company retains full salvage rights to all material, equipment and building components it demolishes, handles and/or hauls from the site unless noted otherwise (UNO) above. ·       Proposal is based on (40)-hour work week, Monday - Friday UNO above. ·       One mobilization is included UNO; additional mobilizations are $1500/ea. ·       Temporary protection is limited to that which is deemed necessary by The Demo Company to perform its Work. ·       Substructure and foundation removal is limited to 2' below grade UNO above. ·       Flooring adhesive/mastic removal is included to within 1/8" of substrate. General Exclusions: ·       Permits and permit fees ·       Engineering and engineered drawings ·       Right-of-Way (ROW) closures and Traffic Control ·       Additional Firewatch outside of scope or Security ·       Temporary fencing and/or barricades ·       Temporary facilities and/or utilities ·       Temporary weatherproofing ·       Temporary protection not specifically listed above ·       Layout of any kind, i.e. limits of work, openings, MEP, etc. ·       GPR and/or laser scanning ·       Noise and/or vibration monitoring and cancellation ·       Hidden conditions ( i.e. concealed VCT, above ceiling pony walls, underground structures ) ·       SWPPP and/or erosion control measures ·       Site demolition UNO above ·       Earthwork, i.e. cut, fill, backfill, final grading, etc. ·       Hazardous material / contaminated soils abatement, handling and disposal ·       Shoring and/or bracing UNO above ·       Abrading of surfaces for subsequent Trades and/or finishes ·       Removal of mud beds UNO above ·       Floor preparation of any kind (see clarifications for adhesive/mastic removal limits) ·       Removal of additional layers of drywall/gypsum/sheetrock; one layer included UNO above ·       Removal of ceiling suspension clips/fasteners embedded in concrete deck UNO above ·       MEP / Utility make-safe, demo and haul-off UNO above ·       Mechanical equipment fluid purge, capture and/or disposal ·       Ballast separation and disposal ·       Third-party oversight, monitoring and/or sampling ·       Relocation of Owner salvaged items outside the limits of work Page 292 of 342 Bid Order Sub-Contractor Base Bid Base Bid & Accept'd Alt's Base Bid & All Alt's 1 Environmental Allies $22,992 $22,992 $22,992 2 ECO Services $24,862 $24,862 $24,862 3 B Wise $25,150 $25,150 $25,150 4 CORE $27,665 $27,665 $27,665 5 6 BASE PRICE TOTAL BASE BID Qty Unit Unit Price 31 20 00 Erosion Control SWPPP Narrative Plan Fee 1 ls 1100 $1,100 √$1,100 √$1,150 √$950 Construction Entrance 2 ea 2200 $4,400 √$4,900 √$4,800 √$3,500 Grate Inlet Protection 4 ea $75 $300 √$300 √$176 √$140 Geocurve 5 ea 75 $375 √$375 √$308 √$268 Silt Fence 2,160 lf 2.5 $5,400 √$2,385 √$2,338 √$2,052 Straw wattle, 20" x 10" 2 ea 75 $150 O $150 √$150 √$142 INSERT WARRANTY % HERE: Inspections SWPPP 45 ea $200 $9,000 O $9,000 O $9,000 O $9,000 Maintenance of construction entrance 1 ls $1,500 $1,500 O $1,500 O $1,500 O $1,500 Maintenance of silt fence 2,160 lf 1.5 $3,240 O $3,240 O $3,240 O $3,240 Removal of construction entrance 1 ea 1100 $1,100 O $1,100 O $1,100 O $1,100 Concrete washout pit 1 ea 600 $600 O $600 O $600 O $600 Remove concrete washout pit 1 ea 500 $500 O $500 O $500 O $500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Warranty Base Bid Price:Date: Why: Reason for not obtaining three bids?: Reason for marking Subcontractor "Incomplete": College Station City Hall CORE B Wise ECO Services Environmental Allies Erosion Control 32 Bidder Results Contact Name:Wilkes Swaim Jeffrey Shem Briana Alba Email:wswaim@bwiseenvironmental.com estimating@ecosvs.com Site Development 2-27 Phone:512-818-2820 32-456-1000 817-559-2225 PQ Status: COMPLETE COMPLETE COMPLETE COMPLETE $27,665 $25,150 $24,862 $22,992 7 8 Warranty Currently in Estimate $0 Specified Reason for Sheet not Being Used Warranty: Warranty Needed in Estimate $0 CORE Recommended Sub-Contractor:Environmental Allies $22,992 2/28/2020 Page 293 of 342 SWPPP Services for: Prepared by:For Scheduling and Planning: 512-818-2820 979-324-6048 State of Texas Historically Underutilized Business Certification #1202179840500 Wilkes Swaim Estimator wswaim@bwiseenvironmental.com Fax 512-863-3322 Fax 512-863-3322 mpoehl@bwiseenvironmental.com Project Manager PROPOSAL Taken together, the services outlined in the following three part proposal effectively provide a turnkey solution to compliance with the regulatory burden imposed by TPDES storm water regulations for construction sites. The objective of this proposal is to lower total cost of compliance while raising the level of compliance on this project. By delegating these responsibilities to our specialists, your project management and construction team are free to concentrate on revenue-generating activities rather than time consuming and focus-diffusing regulatory minutiae. College Station City Hall- Site Development Package GMP (Phase 1) February 5, 2020 College Station, TX If this is to be a LEED Certified building project, please let us know. It may affect the scope of our work and this Proposal. CORE Construction Mark Poehl Page 1 of 4 College Station City Hall- Site Development Package GMP (Phase 1)- B Wise.xlsx Page 294 of 342 ● Independent research regarding all reqired site specific elements. ● Gathering of maps, plans and other corollary materials. ● Compiled in a 3-Ring binder designed for jobsite use. ● Complete and post your TCEQ Notice of Intent (NOI)/Construction Site Notice (CSN). ● Submit to relevant MS4, a copy of your NOI/CSN to meet notification requirements. ● Complete and submit your Notice of Termination and MS4 notification upon final stabilization. Unit Unit Price Quantity Total SWPPP NARRATIVE PLAN FEE Standard 1,100$ 1 1,100$ ADDITIONAL SWPPP DOCUMENTATION SERVICES EXTRA SWPPP NARRATIVE HARD COPIES EA 50$ -$ 500$ -$ EA 175$ -$ Part 1 Total 1,100.00$ Regulations require that SWPPP documentation be on site and available for review. If jobsite office is not available, you may elect to have us install a weatherproof lockbox on site for storage. SWPPP NARRATIVE SERVICES ● Provide and install purpose-specific SWPPP posting signage onsite for your NOI/CSN. ● SWPPP orientation discussion on your behalf, at Pre-Construction meeting with other sub-contractors. Spiral bound copies are available upon request at our reproduction cost. Some MS4 agencies require a hard copy submittal. Revise Existing SWPPP LOCKBOX ● Incorporation of specific local additions to regulatory requirements. If SWPPP has already been developed by civil engineer, we will review and revise SWPPP as necessary to insure compliance including developing all requred notications, TCEQ NOI/CSN, and posting required documents. ● Plan is certified by Certified Professional in Erosion and Sediment Control as required. ● Elimination of elements not required by law. Part 1: SWPPP Narrative Plan Given that the SWPPP narrative plan will be thoroughly reviewed by any Regulatory Compliance Officer who visits this site, it is imperative that this document be site specific and fully compliant with TPDES regulations. 'Canned' templates, even those provided by the Civil Engineer, may leave the project in jeopardy. SWPPP NARRATIVE PLAN DEVELOPMENT Development includes: Page 2 of 4 College Station City Hall- Site Development Package GMP (Phase 1)- B Wise.xlsx Page 295 of 342 STRUCTURAL CONTROLS Unit Unit Price Quantity Total SITE ACCESS STABILIZED CONSTRUCTION EXIT (SCE) EA 2,450$ 1 2,450.00$ INLET PROTECTION BARRIERS (IPB) GRATE INLET PROTECTION (AREA DRAIN IPB) EA 75.00$ 2 150.00$ EA 75.00$ 4 300.00$ PERIMETER CONTROL REINFORCED FILTER FABRIC FENCE (RFB) LF 2.25$ 1060 2,385.00$ Part 2 Total 5,285.00$ Installation of GeoCurve Curb Inlet Protection. Installation of geotextile fabric under the grate. Part 2: SWPPP Best Management Practice Installation quality 3"x 5" open graded rock to create a 15'x50'x8" exit. Excludes pavement removal. Each of our innovative BMP's have been extensively field tested by our profesional installers to ensure the highest quality and have been carefully selected to provide higher compliance while lowering maintenance requirements and minimizing cost over the course of the project. Each is priced on a per unit basis. The actual number and quantity installed may vary based on site specifics and project management decisions. Invoiced cost will reflect only those controls actually installed. Prices do not include sales tax or removal. If controls are not installed as indicated below, a minimum trip charge may be incurred. GEOCURVE (CURB IPB) Installed by standard trenched method, with wire mesh reinforcement and supported with heavy duty steel t-posts driven on 6'-7' centers to assure longevity. Excludes Installation on pavement. Page 3 of 4 College Station City Hall- Site Development Package GMP (Phase 1)- B Wise.xlsx Page 296 of 342 SWPPP CAP Unit Unit Price Quantity Total INSPECTION SERVICE ● SWPPP information and informal training at the jobsite as needed. ● Regular consultation on TPDES related compliance issues throughout the project. ● On call support and mediation in conversations with visiting regulatory compliance officers. INSPECTION SERVICE FEES MO 400.00$ 3 1,200.00$ Part 3 Total 1,200.00$ SWPPP Narrative Plan Part 1 1,100.00$ SWPPP Best Management Practices Installation Part 2 5,285.00$ SWPPP Compliance Assurance Program [CAP]Part 3 1,200.00$ Sales Tax 436.01$ TOTAL 8,021.01$ For B Wise Environmental Consulting, Inc. Extensive references available on request. Wilkes Swaim, Estimator Part 3: SWPPP Compliance Assurance Plan (CAP) This service is available to keep your project at the maximum compliance level through the course of your project with our industry leading, best in class SWPPP Documentation & Inspection Services that provide genuine risk management. ● Findings of site inspections recorded in the SWPPP during the course of the project. ● TPDES mandatory certified site inspections (by our qualified inspectors), on regularly scheduled weekly cycle. Service includes: SWPPP Turnkey Compliance Services Totals Monthly charge incurred until final stabilization or termination and are incurred only for the actual period when inspections are made. If you choose to utilize our complete turnkey services package, totals are calculated here: Above prices do not include sales tax. Proposal will remain in effect for 60 days. ● Weekly site inpsections conducted by CPESC or CESSWI certified inspectors. ● Weekly communication with Project Superintendent, as to action items required to maintain SWPPP compliance. ● Regular modification of SWPPP Narrative as needed, to meet SWPPP 'living document' requirements. Page 4 of 4 College Station City Hall- Site Development Package GMP (Phase 1)- B Wise.xlsx Page 297 of 342 Quote Quote #:Q016721 Order Date:2/4/2020 Prepared By:Briana Alba Quote is valid for 90 daysHTX | ATX | SATX | DFW | NC | SC Corporate: 9730 Windfern Rd. Houston, TX 77064 877-559-2225 College Station City Hall Item Product Details Qty List Price UOM Amount Tax 1 SWPPP Narrative / Book 1 $950.00 EA $950.00 2 NOI Filing Fee 0 $225.00 EA $0.00 3 Monthly Site Inspections 0 $300.00 EA $0.00 4 Stabilized Construction Entrance 20 X 50, 3" X 5" Crushed Concrete - Phase 1 1 $1,750.00 EA $1,750.00 t 5 Stabilized Construction Entrance 20 X 50, 3" X 5" Crushed Concrete - Phase 2 1 $1,750.00 EA $1,750.00 t 6 Concrete Washout 0 $600.00 EA $0.00 t 7 Non-Reinforced Silt Fence with Wood Post - Phase 1 1015 $0.95 LF $964.25 t 8 Non-Reinforced Silt Fence with Wood Post - Phase 2 1145 $0.95 LF $1,087.75 t 9 Non-Reinforced Silt Fence with Steel Post 0 $1.10 LF $0.00 t 10 Reinforced Silt Fence 0 $1.25 LF $0.00 t 11 Inlet Protection Barrier - Wrapped Grate - Phase 1 2 $35.00 EA $70.00 t 12 Inlet Protection Barrier - Wrapped Grate - Phase 2 2 $35.00 EA $70.00 t Initial Page 298 of 342 Quote Quote #:Q016721 Order Date:2/4/2020 Prepared By:Briana Alba Quote is valid for 90 daysHTX | ATX | SATX | DFW | NC | SC Corporate: 9730 Windfern Rd. Houston, TX 77064 877-559-2225 College Station City Hall Item Product Details Qty List Price UOM Amount Tax 13 Inlet Protection Barrier - Silt Sack - 30x30x36 0 $79.00 EA $0.00 t 14 Inlet Protection Barrier with Sand Bags - Phase 1 4 $53.50 EA $214.00 t 15 Inlet Protection Barrier with Sand Bags - Phase 2 0 $53.50 EA $0.00 t 16 Inlet Protection Barrier - Gator Gutter - 6 Foot 0 $112.00 EA $0.00 t 17 Erosion Control Log - Straw 9" - Phase 2 50 $2.84 LF $142.00 t 18 Includes 1 mobilization. Additional trips will be charged a $250 mobilization fee. All mobilizations must meet $500 minimum.0 $250.00 EA $0.00 t Quote Total:$6,998.00 Tax Total:$498.96 Total (USD):$7,496.96 Initial Page 299 of 342 HTX | ATX | SATX | DFW | NC | SC Terms and Conditions Exclusions North Carolina Permits, fees, NC DOT specifications, safety classes, badging, site specific classes, damages by weather/non-weather related events, material removal & repairs, rooming fees, water meter fees, clearing, trimming, grubbing, backfilling, trenching, excavation & project maintenance. South Carolina Permits, fees, SC DOT specifications, safety classes, badging, site specific classes, damages by weather/non-weather related events, material removal & repairs, rooming fees, water meter fees, clearing, trimming, grubbing, backfilling, trenching, excavation & project maintenance. Texas Permits, fees, TX DOT specifications, safety classes, badging, site specific classes, damages by weather/non-weather related events, material removal & repairs, rooming fees, water meter fees, clearing, trimming, grubbing, backfilling, trenching, excavation & project maintenance. Additional Fees May Apply This scope of work might require additional mobilization fees based on site readiness which could increase total project costs (Site readiness includes but is not limited to: contractor representative onsite to direct installation, clearing, surveying, phasing, BMP location identifications, tagged trees etc.). Clearing for installation of silt fence and tree protection charged at rate $500/day as needed for installation of controls. Badging/ Orientation/ Drug Testing/ Safety Classes charged at rate of $600/person as required. If Rock Saw for Silt Fence is needed there will be a mobilization charge of $500 and $0.29/lf. Stabilization Environmental Allies Guarantee Environmental Allies has a 1 Year Guarantee for turf establishment that includes tractor work. Area to be seeded must be prepped to final grade and free of any erosion rills or debris before seeding. Guarantee is negated if Environmental Allies is directed to perform seeding on areas that do not meeting the requirements above. Written notice will be provided to the contractor prior to work performed. If there is no growth Environmental Allies will re-seed all areas, excludes but not limited to non-growth due to poor soil conditions, flooding, drought, unusual weather conditions, or non-watering neglect from the contractor on site. The request for the costs associated with the watering schedule will be required for any warranty work. Exclusions The client is responsible for providing a water source for hydromulch seeding and/or sod. The client is also responsible for maintaining and watering of the seed and/or sod after work has been completed. We do not provide topsoil, lime, lime stabilization, bed prep or maintenance. Signature Print Name & Title Date Page 300 of 342           13810 Hollister Drive #100, Houston, TX 77086  QTY UNIT PRICE 1 550.00$             550.00$            1 600.00$             600.00$            3 400.00$             1,200.00$        UNIT 225.00$              QTY UNIT PRICE 1 2,400.00$          2,400.00$        1000 1.10$                 1,100.00$        2 88.00$               176.00$            4 77.00$               308.00$            1 2,400.00$         2,400.00$        1125 1.10$                 1,237.50$        2 88.00$               176.00$           1 77.00$               77.00$              2 75.00$               150.00$           SALES TAX TAX EXEMPT 10,374.50$         QTY UNIT PRICE AC 1,950.00$              SY 1.37$                 SY 1.65$                 SALES TAX ‐$                  ‐$                    Filter Fabric Fence(LF)                  PART 1 LINE TOTAL LINE TOTAL               PART 2 Large Construction Site‐NOI Permitting STEERS SWPPP Startup Service SWPPP Narrative Development Compliance Assurance Plan (CAP) Inspection Services (Months) SWPPP Proposal Total    Stabilization Proposal Total Signature & Date 832‐456‐1000 estimating@ecosvs.com    SWPPP PROPOSAL Phase 1 ‐ 4.15 Acres Jeffrey Shem Chief Estimator College Station City Hall 1101 Texas Avenue, College Station, TX 77842 Phase 2 ‐ 3.65 Acres EXPIRATION DATE: 4/4/2020 PROPOSAL DATE: 2/4/2020                     SWPPP SERVICES Signature & Date SWPPP Services Accepted & Approved By:  Customer hereby agrees to installation terms & conditions Customer hereby agrees to installation terms & conditions Stabilization Services Accepted & Approved By:           Area Stabilization Hydromulch Seeding ‐ Acres          Slope Stabilization Promatrix Engineered Growth Media‐Square Yards *Pricing may need reevaluation after results of soil testing, to ensure sustainable growth*                STABILIZATION SERVICES (OPTIONAL) Flexterra Flexible Growth Media‐Square Yards LINE TOTAL *Construction EcoServices Offers FREE SOIL TESTING* Stabilized Construction Exit 25'x50' (45 Tons)(EA) Stabilized Construction Exit 25'x50' (45 Tons)(EA) Filter Fabric Fence(LF) Silt Sack Inlet Protection Barrier 30x30x36(EA) Straw Wattles 20" x 10'(EA) Silt Sack Inlet Protection Barrier 30x30x36(EA) Gutter Gator Curb Inlet Protection 6' w/Frame and Weight(EA) Gutter Gator Curb Inlet Protection 6' w/Frame and Weight(EA) Page 301 of 342 STARTUP SERVICE ● Complete and post your Construction Site Notice (CSN)/TCEQ Notice of Intent (NOI, does not include permit fee). ● Submit to relevant MS4 operator, a copy of your CSN/NOI to meet notification requirements. ● Complete and submit your MS4 notification and/or Notice of Termination upon final stabilization. ● Independent research regarding all required site specific elements. ● Gathering of maps, plans and other corollary materials. ● Compiled in a 3-Ring binder designed for jobsite use. * OPTIONAL SWPPP DOCUMENTATION SERVICES SECONDARY OPERATOR FILINGS EXTRA SWPPP NARRATIVE HARD COPY * LARGE CONSTRUCTION SITE - NOI PERMITTING (PAYABLE TO STATE) SMALL CONSTRUCTION SITE - NOI PERMITTING NOT REQUIRED (NO EXTRA FEES) 2023 TCEQ Texas General Permit Renewal INSPECTION SERVICES ● Provide regular consultation, recommendations, and solutions to TPDES related compliance issues throughout the site. ● Ongoing SWPPP education, information, and informal training at the jobsite as needed. ● On call support and mediation in conversations with visiting regulatory compliance officers. ● Priority scheduling for BMP installation (vs. non-CAP turnkey projects). * SWPPP NARRATIVE SERVICES SWPPP NARRATIVE PLAN DEVELOPMENT ● CES Recommends ELECTRONIC submittal through STEERS for faster Compliance Assurance. ● Initial site visit by our Project Managers in order to assess and discuss potential value engineering opportunities. SWPPP COMPLIANCE ASSURANCE PLAN (CAP) Discounted to $600 Narrative price (applicable only) when combined with entire Compliance Assurance Plan. ● Regular modification of SWPPP Narrative as needed, to meet SWPPP 'living document' requirements. Monthly charge incurred until final stabilization or termination; only in actual period when inspections are performed. ● Permit renews every 5 years (2018 previous renewal), proccessing fees may be applicable. ● As per Texas General Permit to fulfill Secondary Operator (typically OWNER) requirements. NOTE: Some MS4 agencies require a hard copy submittal. Part 1: SWPPP Permitting, Narrative Plan, And Inspection Services (Non-Taxable Items) ● Provide and install purpose-specific SWPPP posting signage onsite for your CSN/NOI. ● Incorporation of specific local additions to regulatory requirements and eliminating those not required by law. * ● SWPPP orientation discussion on your behalf, at Pre-Construction meeting with other sub-contractors, upon request. ● TPDES mandatory certified site inspections by our qualified inspectors, on a regularly scheduled weekly cycle. ● Weekly communication with Project Superintendent, as to action items required to maintain SWPPP compliance. ● Findings of site inspections recorded in the SWPPP during the course of the project. Page 302 of 342 STRUCTURAL CONTROLS STABILIZED CONSTRUCTION EXIT (SCE) • • •CATTLE GUARD - 16'Wx8' L grating w/2 concrete beams. Includes excavation, set-up, and digging of side trench/sump. * NOTE: Construction ECO Services DOES NOT remove Rock from Job Site. PERIMETER CONTROL •FILTER FABRIC FENCE (FF) - High grade fabric installed using trenched method supported with steel t-posts on 6' centers. •REINFORCED FILTER FABRIC FENCE (RFB) - High grade fabric w/wire mesh reinforcement & steel t-posts on 6' centers. •FILTER FABRIC FENCE WITH ROCK ANCHOR - Attached to existing chain-link fence & tail is anchored w/ washed rock. •REINFORCED NON WOVEN FABRIC FENCE - Non Woven Fabric w/wire mesh Reinforcement. •TRIANGULAR FILTER DIKE - Urethane Foam Triangular unit wrapped in Filter Fabric, either anchored or adhesived. •T-POST CAPS/SAFETY T-POST CAPS - Molded White Rubber Caps or Orange OSHA approved Plastic Caps. •FILTER FABRIC FENCE (FF) REPAIR OR REPLACEMENT - At additional rate. INLET PROTECTION BARRIERS (IPB) •SILT SACK (AREA DRAIN IPB) - Type A Inlet Protection (Ex. 27", 30", 32" Inlet). •SILT SACK (GRATED CURB IPB) - Type B Inlet Protection (Ex. 18"x30"). •GRATE GATOR (AREA DRAIN IPB) - Type A or B Inlet Protection. •GUTTER GATOR (CURB IPB) - Type C Inlet Protection (Ex. 3', 6', 9'). •GUTTER EEL (CURB IPB) - Type C Inlet Protection. •TRENCH DRAIN INLET PROTECTION - Trench style Type A Inlet Protection. •NONWOVEN INLET PROTECTION - Type A Inlet Protection. • FLOW CONTROL BARRIERS •ROCK FILTER DAMS TYPE 1 (NON-REINFORCED) - 3"x 5" crushed concrete laid to form: Height 18" x Top Width 2'. •ROCK FILTER DAMS TYPE 2 - 3"x 5" concrete laid in heavy duty wire mesh. Height 18" x Top Width 2'. •ROCK FILTER DAMS TYPE 3 - 4"x 8" concrete laid in heavy duty wire mesh. Height 36" x Top Width 2'. •EROSION EELS - Heavy duty Geotextile Fabric w/Recycled Rubber Tire material fill. •STRAW WATTLES - Natural straw wattles that are biodegradable. •EXCELSIOR WATTLES - Natural wood fiber wattles that are biodegradable. •HAY BALE BARRIERS - 3'x18"x18" Hay Bales staked in with steel t-posts and wired in place. ADDITIONAL SERVICES •LOCKBOX, WEATHERPROOF DOCUMENT STORAGE - SWPPP Book storage unit if no Construction Trailer on site. •CONCRETE WASHOUT (CW) - ALL WEATHER Heavy-Duty Woven Poly Propylene Unit. 1.33 CY/260 Gal capacity. * •TREE PROTECTION FENCING - Chain Link OR Orange Safety Fence installed on 6' t-posts. •DEWATERING BAGS (DIRT BAGS) - Filter bags for pumping water from jobsite. (Multiple Sizes Available). •SITE SPECIFIC TRAINING/BADGING - Applicable training/badging to be able to access/perform work on site. *NOTE: $250 SITE ASSESSMENT FEE APPLIED WHEN CONSTRUCTION ECO SERVICES IS NOT SELECTED FOR TURNKEY SERVICES. OUR PROJECT MANAGER WILL INITIATE LINE/UTILITY LOCATE/SITE VISIT BEFORE MOBILIZING TO MAKE SURE AREAS ARE CLEAR FOR FIELD CREW TO COMPLETE INSTALLATION OF BMPS/CONTROLS. MINIMUM - 30 tons of 3"x 5" Crushed Rock (2 Loads) over woven geotextile to create a 20'x50' exit. Part 2: SWPPP Best Management Practice Installation/Index (Taxable Items) STANDARD - 45 tons of 3"x 5" Crushed Rock (3 Loads) over woven geotextile , meets 25'x50' COH/HC Exit Specs. INLET PROTECTION MAINTENANCE/REMOVAL - At additional rate. Construction Eco Services does NOT maintain these Washout units. Page 303 of 342 Storm Water Pollution Prevention Plan & BMP Installation Terms and ConditionsLEAD TIMES:The estimated lead time for this scope is 7‐10 days from the receipt of a signed  purchase document and receipt of the required design documents and project information. Approval  review process is in addition to stated timeframes. QUOTATION:This quotation expires 30 days from the date shown. Prices are firm for Shipment within  60 days of the date of quotation and are subject to a maximum escalation of 2% for each 30 days  thereafter. PAYMENT TERMS:  Payment terms subject to change based on credit approval.  Credit applications  can take up to 30 days dependent on amount of  time credit references take to get back to us. PAYMENT:Materials will be billed upon delivery and installation services will billed on the 28th of  each month dependent on a percentage of completion of the work.  All invoices shall be paid in full in  United States dollars, within thirty (30) days after the date of invoice. If in the judgment of Seller the  financial condition of Purchaser at any time prior to delivery does not justify the Seller incurring costs,  expenses and/or liabilities in connection with the Order, Seller may require payment in full or in part  in advance of delivery or payment security satisfactory to Seller, or may terminate the Order, and  Purchaser shall be liable for cancellation charges in accordance with the termination provisions  provided herein. If delivery is delayed by Purchaser, payment shall be due thirty (30) days from the  date Seller is prepared to make delivery. In the event Purchaser fails to make payment by the date  provided herein, Seller may deduct such amounts due Seller from all amounts it may owe Purchaser,  whether matured or unmatured, arising from this or any other transaction. Purchaser agrees that any  unpaid portion of the purchase Price shall bear interest at the rate of Twelve Percent (12%) per annum  from and after the date due and owing. All credit card charges in excess are subject to a 3%  convenience fee. DELIVERY: This material will be manufactured for this particular project and is not subject to  cancellation.  Any delivery date(s) stated in the Order are approximate, and dependent upon (1)  prompt receipt by Seller from the Purchaser of all information necessary to permit Seller to proceed  with its obligations under the Order immediately and without interruption, (2) Purchaser’s compliance  with all terms and conditions of the Order, including payment terms, and (3) Purchaser’s ability to  provide Seller with adequate assurance of its ability to fully perform its obligations under the Order,  including assurances of payment, should Seller reasonably request such assurances. Unless otherwise  specified in the Order, Seller shall deliver the Goods to Seller’s facility in Houston, Texas, or to the  place of delivery as provided in the Order, export packing not included. Partial deliveries shall be  permitted. Allowable unloading time for delivery trucks is one (1) hour. Demurrage charges of $75.00  per hour thereafter will be added.  Unless otherwise specified herein, upon delivery as provided  above, title and all risk of loss to such Goods shall pass to Purchaser. In the event the Purchaser is  unable to take possession of the Goods upon delivery and Seller, in its sole discretion, agrees to store  the Goods, Seller may place such Goods in storage either at a Seller operated facility or at another  location (“Off‐site location”). In such event, (1) if storage is at an Off‐site location, all costs incurred by  Seller in connection with such storage, including, without limitation, costs of preparing such Goods for  storage, transportation, placement into storage, handling, storage/demurrage, inspection,  preservation and insurance (or if storage shall be at a Seller operated facility, reasonable storage costs  not to exceed five percent (5%) of the total Price of the Goods being stored for each month of  storage), shall be due and payable by Purchaser within ten (10) days after the date of Seller’s invoice  for storage charges, and (2) Seller's delivery obligations shall be deemed fulfilled and title and all risk  of loss to the Goods shall pass to Purchaser, if it has not already passed, and (3) when conditions  permit and upon payment of all amounts due hereunder, including but not limited to the purchase  Price and/or any storage charges due, the parties shall arrange for shipment of the Goods Purchaser  shall have five (5) days from the date of delivery to inspect the Goods and notify Seller in writing of  any defect, damage or non‐conformity.  Rush orders will be invoiced at 20% over the original prices  quoted. Rush orders are those orders that displace the normal manufacturing queue at the plant. MODIFICATIONS:Seller shall have the right to modify the method of fabrication and/or manufacture  of the Goods without advance notice to Purchaser if, in the judgment of Seller, such modification does  not materially and adversely affect the performance of the Goods. Purchaser may request reasonable  changes in any one or more of the following: (1) drawings, plans, designs and specifications; (2)  quantities; (3) delivery schedule; or (4) place, manner or time of delivery. If any such requested  change would increase or decrease the cost of the Goods to be provided and/or delays Seller’s  performance under the Order then Seller shall be entitled to an equitable adjustment of the purchase  Price and/or time of delivery. Any such requested change shall not become effective unless and until  Purchaser and Seller have executed a written Change Order specifying the change and the agreed  equitable adjustment of the purchase Price and/or time of delivery. FORCE MAJEURE:In no event shall Seller be liable for non‐delivery or any delay in delivery of the  Goods or for failure or delay in the performance of any other obligations under the Order arising  directly or indirectly from acts of God, unforeseeable circumstances, acts (including delays or failure to  act) of any governmental authority (de jure or de facto), war (declared or undeclared), riot, revolution,  priorities, fires, floods, weather, strikes, labor disputes, sabotage, epidemics, factory shutdowns or  alterations, embargoes, delays or shortages in transportation, delay or inability to obtain or procure  labor, manufacturing facilities or materials, failure to obtain timely instructions or information from  the Purchaser, or causes of any other kind beyond Seller's reasonable control. The foregoing provision  shall apply even though such causes may occur after Seller's performance of its obligations has been  delayed for other causes. WARRANTY:Upon receipt of payment in full, Seller assigns to Purchaser, on a non‐exclusive and non‐ recourse basis, any and all transferable warranties applicable to the Goods provided by the  manufacturer and/or any supplier to Seller, and Seller shall assist Purchaser in pursuing any such  warranty claims against the manufacturer and/or any supplier to Seller. Purchaser shall promptly  notify Seller and the manufacturer and/or supplier to Seller in writing of any such warranty claim.  Under no circumstances shall Seller be responsible for any defect in or damage to the Goods arising  out of or related to (1) normal wear and tear; (2) Goods that have not been properly stored,  assembled, installed, serviced, maintained, operated, or used within the limits of rated capacity and  normal usage; (3) Goods not used in accordance with current operating and maintenance instructions  furnished by Seller, or (4) Goods that have been altered or modified in any manner without the  written consent of Seller. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SELLER HEREBY  EXPRESSLY DISCLAIMS ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT  LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  It shall be the responsibility of the Purchaser to verify that the Goods are suitable and fit for their  intended use. Any design information, technical data, descriptions, dimensions, specifications,  material selections or similar information included in the offer of sale or Order or contract resulting  therefrom are for fabrication purposes only, and do not constitute any warranty. TERMINATION:Absent a default by Seller, the Purchaser may terminate the Order only upon written notice to  Seller and upon payment to Seller of all cancellation charges in connection with the Order, including but not  limited to, all costs incurred by Seller in connection with the Order prior to Seller’s receipt of the notice of  termination, and all costs and expenses incurred by Seller attributable to the termination, including but not  limited to any restocking fees or costs of cancellation of purchase orders to Seller’s suppliers, plus an  administrative charge of ten (10) percent of the Order price to compensate for disruption in scheduling, planned  production and other indirect costs. In the event of a default by Seller in its material obligations under the Order,  no termination by Purchaser for default shall be effective unless Purchaser delivers to Seller written notice of  default, and Seller fails to commence and diligently pursue correction of such default within ten (10) days after  its receipt of such written notice of default. LIABILITY:If any Goods delivered fail to conform to the Order, Seller may repair or replace the non‐conforming  Goods, or Seller may accept Purchaser’s return of the Goods and repay the purchase Price, at Seller’s option, and  such shall be Purchaser’s sole and exclusive remedy for non‐conforming Goods. The total liability of Seller for any  loss, damage, or claim, whether in contract, warranty, tort (including negligence and strict liability), or otherwise,  arising out of or relating to this offer of sale, the Order or the Goods shall not in any event exceed the purchase  Price of the Goods. Notwithstanding the foregoing or anything in the Order or these Terms to the contrary, in no  event shall Seller be liable under any theory of recovery, including without limitation, contract, warranty, or tort  (including negligence and strict liability) for any indirect, incidental, special or consequential damages, including,  without limitation: loss of profits, business, product or information; loss of use of the Goods or any associated  equipment; costs of capital, substitute equipment, parts, software, facilities or services; costs of down time or  labor; or claims of Purchaser’s customers for any such damages, even if Seller was advised of the possibility of  such damages. NO RESALE:Purchaser shall not sell, distribute or otherwise place, for any commercial purpose, in the stream of  commerce, for use or consumption, any of the Goods or any component thereof. PURCHASER SHALL DEFEND,  INDEMNIFY AND HOLD HARMLESS SELLER FROM ANY AND ALL CLAIMS,  DEMANDS, SUITS, DAMAGES, LIABILITIES, LOSS, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO  ATTORNEYS’ FEES, OF ANY KIND, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING  NEGLIGENCE, STRICT LIABILITY AND PRODUCTS LIABILITY) (COLLECTIVELY “CLAIMS”), ARISING OUT OF OR  RELATED TO, DIRECTLY OR INDIRECTLY, ANY BREACH BY PURCHASER OF THIS PROVISION, EVEN IF SUCH CLAIMS  ARE CAUSED IN PART BY THE SOLE, JOINT OR CONCURRENT NEGLIGENCE, THE STRICT LIABILITY OR PRODUCTS  LIABILITY, THE BREACH OF CONTRACT OR BREACH OF WARRANTY, OR OTHER FAULT OF SELLER. INSTALLATION AND PROTECTION OF MATERIALS: All work, unless otherwise noted, in installing the material  shall be performed only during usual working hours. Purchaser shall be responsible for securing from loss and  protecting from damage, and shall bear the risk of loss with respect to all material installed and all material  delivered to the job site. Notwithstanding the foregoing, the title to all material shall remain in the Seller until  payment in full is made by Purchaser. Purchaser shall insure such materials against loss or damage in amount  and manner sufficient to protect the interest of the Seller, and Seller shall be named as an additional insured  under such insurance. The material when delivered to the job site shall be promptly inspected by Purchaser, and  unless Purchaser, within 3 days after the material supplied hereunder is delivered, shall notify the Seller in  writing of any claims that said material is defective or does not otherwise fulfill the terms and conditions of this  agreement, specifying in what way the material is defective or non‐conforming, the material shall be deemed  accepted. GOVERNING LAW/DISPUTE RESOLUTION:This offer of sale may only be accepted in Harris County, Texas and  any Order or contract resulting from it shall be performable, in whole or in part, in Harris County, Texas and shall  in all respects be governed, construed, and enforced according to the laws of the State of Texas, U.S.A. Any  dispute or claim arising out of or relating to this offer of sale or any Order or contract resulting from it shall be  resolved through arbitration in Houston, Texas. Any dispute will be determined by arbitration per the  Construction Industry Rules of the American Arbitration Association in effect on the date of this Order and venue  for all proceedings arising out of this Order or contract resulting from it shall be in Houston, Texas. The prevailing  party in any arbitration arising out of or relating to this Order shall be entitled to recover its reasonable and  necessary attorney’s fees and expenses, the arbitrator’s fees and expenses, all testifying expert’s fees and  expenses, and all other costs and interest allowed by law. The award rendered by the arbitrators shall be a  reasoned award and shall be final and judgment may be entered upon it in accordance with the applicable law in  the court having jurisdiction thereof. MISCELLANEOUS:These Terms may not be waived or modified unless done in writing and signed by an  authorized representative of Seller. Any waiver by Seller of a breach of any of these Terms shall not constitute a  waiver or prejudice Seller’s right to subsequently demand strict compliance with that or any other term or  condition. The election of Seller to pursue any remedy shall not exclude pursuit of any other remedy otherwise  available to Seller or limit its right to declare Purchaser in default. Any offer of sale is subject to change by Seller  prior to actual receipt by Seller of written acceptance of such offer, and shall expire thirty (30) days from the date  of offer. Purchaser acknowledges that neither Seller nor any of its employees are licensed or registered  professional engineers, Purchaser has not retained Seller to provide any professional engineering services, and  Seller shall not be held to a professional standard of care. NO ASSIGNMENT:No offer of sale or Order or contract resulting therefrom may be assigned by Purchaser  without the prior written consent of Seller. ENTIRE AGREEMENT:  These Terms and the terms of the Order shall be the only terms and conditions applicable  to the sale of the Goods described in the Order, and shall supersede all prior or contemporaneous oral or written  communications regarding the subject matter of the Order and these Terms. If any term or provision herein or in  the Order is determined to be invalid or unenforceable under applicable law, such term or provision shall be  deemed severed therefrom, and the remaining terms and provisions shall continue in full force and effect. For Construction Eco Services                                    Accepted & Approved by:      Proposal Will Remain in Effect for 60 Days                                                               Please Acknowledge Below as  Acceptance of this Bid __________________________________                                                               _____________________________ Robert Adair – President                                                                                              Company _____________________________    Printed Name & Title                              ________________ Signature & Date                                         Page 304 of 342 Bid Order Sub-Contractor Base Bid Base Bid & Accept'd Alt's Base Bid & All Alt's 1 D&S Contracting $411,344 $411,344 $411,344 2 BPI $451,034 $451,034 $451,034 3 CORE $463,396 $463,396 $463,396 4 Subgrade Specialties $469,802 $469,802 $469,802 5 Kieschnick $475,403 $475,403 $475,403 6 BASE PRICE TOTAL BASE BID Qty Unit Unit Price 31 20 00 Utilities Storm Sewer:$0 √$261,193 √$242,000 √$210,624 √$202,825 HDPE 3" 20 LF $ 25.42 $508 O $508 O $508 O $508 √ HDPE 4" 100 LF $ 25.42 $2,542 O $2,542 O $2,542 O $2,542 √ HDPE 8" 317 LF $ 29.76 $9,434 √√√√ HDPE 12" 534 LF $ 38.36 $20,484 √√√√ HDPE 18" 539 LF $ 63.40 $34,173 √√√√ HDPE 24" 735 LF $ 80.00 $58,800 √√√√ 2.5" PVC 9 LF $ 30.00 $270 √O $270 O $270 O $270 INSERT WARRANTY % HERE: Grate inlet 5 ea $ 750.00 $3,750 √√√√ Curb inlet 4 ea $ 500.00 $2,000 √√√√ Junction Box with Grate Inlet 2 ea $ 5,000.00 $10,000 √√√√ 4' Manhole 8 ea $ 8,400.00 $67,200 √√√√ 8" Wye 2 ea $ 200.00 $400 √√√√ 24" x 12" Wye 3 ea $ 250.00 $750 √√√√ 18" x 12" Wye 2 ea $ 240.00 $480 √√√√ 12" Wye 4 ea $ 230.00 $920 √√√√ 12" x 45 HDPE Bends 7 ea $ 500.00 $3,500 √√√√ 8" x 45 HDPE Bends 5 ea $ 450.00 $2,250 √√√√ 4" x 45 HDPE Bends 5 ea $ 400.00 $2,000 √√√√ Tie into Inlet 4 ea $ 2,100.00 $8,400 √√√√ 12" x 8" Reducer 4 ea $ 200.00 $800 √√√√ 12" x 4" Wye 4 ea $ 200.00 $800 √√√√ 8" 90' Bend 14 ea $ 300.00 $4,200 √√√√ 3" 90 Bend 2 ea $ 275.00 $550 √√√√ 8" Roof Drain Connector 11 ea $ 220.00 $2,420 O $2,420 O $2,420 √√ 4" Roof Drain Connector 3 ea $ 200.00 $600 O $600 O $600 √√ Connections to roof drains 14 ea $ 850.00 $11,900 O $11,900 O $11,900 O $11,900 O $11,900 8" Single Cleanout 7 ea $ 700.00 $4,900 O $4,900 O $4,900 O $4,900 √ Water Line:$0 √$135,993 √$150,000 √$176,101 √$147,405 Connect to existing water line 4 ea $ 3,000.00 $12,000 √√√√ Remove Existing Hydrant 1 ea $ 2,100.00 $2,100 O $2,100 O $2,100 O √ Remove existing Line 210 LF $ 15.00 $3,150 O $3,150 O $3,150 O √ 8" PVC 1,000 LF $ 40.00 $40,000 √√√√ 6" PVC 91 LF $ 25.00 $2,275 √√√√ 2.5" SDR-21 PVC 89 LF $ 45.00 $4,005 √O $4,005 √√ 8" Bends 8 ea $ 200.00 $1,600 √√√√ 8" in building risers 2 ea $ 3,600.00 $7,200 O $7,200 √√√ Gate valves 12 ea $ 1,800.00 $21,600 √√O $21,600 √ 2" Irrigation Tap with 2" valve 1 ea $ 2,800.00 $2,800 √O $2,800 √√ 3" Meter and Backflow Preventer Vault 1 ea $ 16,500.00 $16,500 √O $16,500 √√ 12" x 8" Tee 1 ea $ 1,475.00 $1,475 √√√√ 8" x 8" Tee 3 ea $ 1,200.00 $3,600 √√√√ 8" x 6" Tee 1 ea $ 1,150.00 $1,150 √√√√ 8" x 6" Reducer 2 ea $ 1,200.00 $2,400 √√√√ 6" x 2.5" Tee 1 ea $ 600.00 $600 √√√√ 8" Backflow Preventer 1 ea $ 1,500.00 $1,500 √√√√ 8" FDC 1 ea $ 8,000.00 $8,000 √√√√ Post Indicator Valve 1 ea $ 3,800.00 $3,800 √√√√ Fire Hydrant 2 ea $ 3,600.00 $7,200 √√√√ Testing 1,500 ls $ 3.50 $5,250 √O $5,250 √√ Sanitary Sewer:$0 √$18,528 √$17,000 √$41,357 √$9,085 6" Cleanout 2 ea $ 650.00 $1,300 √√√√ 6" PVC 128 LF $ 50.00 $6,400 √√√√ 6" x 45 Bends 2 ea $ 500.00 $1,000 √√√√ Testing, camera 128 lf $ 15.00 $1,920 √O $1,920 √O $1,920 Asphalt Repair 603 sf $ 12.50 $7,538 √O $7,538 √O $7,538 Tie into Manhole 1 ea $ 2,600.00 $2,600 √√√√ Mobilization/Demobilization 1 ls $ 10,000.00 $10,000 √√√√ Maintenance Bond & Inspection fees 3% perc $ 13,901.87 $13,902 √√√O $13,902 Haul spoils generated from work above 1,100 cy $ 15.00 $16,500 √√√O $16,500 Warranty Date: Why:Has relevant project experience and can deliver on schedule with manpower available; solid references Reason for not obtaining three bids?:NA Reason for marking Subcontractor "Incomplete":NA Warranty Needed in Estimate $0 CORE Recommended Sub-Contractor:BPI $451,034 2/28/2020 Warranty Currently in Estimate $0 Specified Reason for Sheet not Being Used Warranty: Warranty Currently in Estimate $0 Warranty Needed in Estimate 8 $463,396 $451,034 $475,403 $469,802 $411,344 7 COMPLETE PQ Status: COMPLETE COMPLETE COMPLETE COMPLETE dandscontractinginc@verizon.net Site Development 2-27 Phone:9798227605 9792553863 9795409180 Email:b.prewitt@bpitx.com info@kieschnickge.com subgradespecialties@gmail.com Utilities 33 Bidder Results $0 College Station City Hall CORE BPI Kieschnick Subgrade Specialties D&S Contracting Contact Name:Billy Prewitt Jerry Kieschnick David Boettcher 9795741337 Page 305 of 342 1 of 4 Proposal 2/27/2020 Steven Normand CORE Construction RE: City Of College Station New City Hall Building. Dear Mr. Normand, This is estimate based off of Civil Plans by Kimley-Horn dated February 14th, 2020. The scope of work includes all labor, materials, equipment, and trucking as qualified herein. Scope of Work Qty UM Demolition: Phase 1 Remove Trees 44 EA Demo Curb & Gutter 3560 LF Demo Sidewalk 2463 SF Demo Asphalt & Base 5808 SY Demo Concrete Pavement 4408 SF Brick Enclosure At Generator 1 EA Demo Light Pole Footings 7 EA Demo Storm Pipe 60 LF Demo Grate Inlet 2 EA Remove Concrete Median 72 SF Demo Brick Paver Islands 324 SF Demo Dumpster Pad 169 SF Phase 2 Remove Temporary Entrance 112 SY Remove Trees 22 EA Demo Curb & Gutter 1740 LF Demo Sidewalk 9330 SF Demo Asphalt & Base 3045 SY Demo Brick Paver Islands 1716 SF Demo Concrete Pavement 8816 SF Remove Existing Wall 549 LF Concrete Flume 810 SF Demo Storm Pipe 17 LF Demo Grate Inlet 2 EA Demo 6" Water Line 180 LF Demolition Total: $199,079.00 Page 306 of 342 2 of 4 Earthwork: Strip and Haul Off 3893 CY Onsite Cut and Fill 4673 CY Import Common Fill 2160 CY 6" Stabilized Sub Grade Under Pavement 11449 SY 6" Stabilized Sub Grade Under Sidewalk 340 SY Backfill & Finish Grade 3077 CY Earthwork & Demo Total: $300,769.25 Site Paving: Phase 1 7" Heavy Duty Pavement 2330 SF 6" Concrete Pavement 78779 SF 6" Monolithic Curb 3883 LF Temporary Road 112 SY Sub Grade Prep 112 SY 6" Flex Base 112 SY 1 1/2" HMAC 112 SY 6" Curb On Top Of Asphalt 98 LF 4" Sidewalk 11788 SF Handicap Ramps 577 SF Install Removable Bollards (Bollards To Be Furnished By Others) 8 EA Striping & Signage For Parking Lot 1 LS Wheel Stops 5 EA Phase 2 6" Concrete Pavement 16482 SF 6" Monolithic Curb 1563 LF 4" Sidewalk 9461 SF Handicap Ramps 424 SF Concrete Steps 35 SF Curb & Gutter Replacement At Street 117 LF Concrete Flume 94 SF Wheel Stops 1 EA Striping & Signage For Parking Lot 1 LS Site Paving Total: $675,268.35 Site Utilities: Storm Sewer Phase 1 2.5" PVC 9 LF 8" HDPE 317 LF 12" HDPE 482 LF 18" HDPE 514 LF 24" HDPE 735 LF Grate Inlet 4 EA Junction Box W/ Grate Inlet 2 EA 5' Curb Inlet 4 EA 4' Diameter Manhole 8 EA 24"x12" Wye 3 EA 18"x12" Wye 2 EA Page 307 of 342 3 of 4 12" Wye 4 EA 12"x45 HDPE Bends 7 EA 8" Wye 2 EA 8"x45 HDPE Bends 5 EA Tie Into Inlet 3 EA Phase 2 12" HDPE 52 LF 18" HDPE 25 LF Grate Inlet 1 EA Tie Into Inlet 1 EA Storm Sewer Total: $261,193.00 Water Line: Connect To Existing Water Line 4 EA 8" PVC C-900 1000 LF 6" PVC C-900 91 LF 2.5" SDR-21 PVC 89 LF 12" Gate Vlave 1 EA 8" Gate Valve 7 EA 6" Gate Valve 3 EA 2.5" Gate Valve 1 EA 8" Bends 8 EA 2.5" Bends 3 EA 12"x8" Tee 1 EA 8"x8" Tee 3 EA 8"x6" Tee 1 EA 8"x6" Reducer 2 EA 6"x2.5" Tee 1 EA 2" Irrigation Tap w/ 2" Valve 1 EA 3" Meter & Backflow Preventer Vault 1 EA 8" Backflow Preventor 1 EA Post Indicator Valve 1 EA 8" FDC 1 EA Fire Hydrant 2 EA Testing 1 LS Water Line Total: $135,993.00 Sanitary Sewer: 6" Cleanout 2 EA 6" SDR-26 PVC 128 LF 6"x45 Bends 2 EA Testing 1 LS Asphalt Repair 67 SY Tie in to MH 1 EA Sanitary Sewer Total: $18,528.00 Grand Total: $1,590,830.60 Page 308 of 342 4 of 4 Alternate: Asphalt Pavement In Lieu Of 6" Concrete Pavement Phase 1 8" Limestone Base (Type A, Grade 1-2) 7890 SY 2" HMAC Type D 7890 SY 24" Curb & Gutter 3883 LF Phase 2 8" Limestone Base (Type A, Grade 1-2) 1484 SY 2" HMAC Type D 1484 SY 24" Curb & Gutter 1563 LF Alternate (Deduct): -$58,635.90 Notes: • Tax on Materials has been Excluded in the above scope of work. • This proposal is broken out for convenience, but the intent of the proposal is to do all scope of work for the Grand Total amount. If sections of work are wished to be taken out of the Grand Total please request those exclusions as it could impact the cost of the particular sections. Exclusions: • Testing, Permit Fees, or Bonds • Importing Select Fill • Any work inside the building pad area • Installation of Walls or Wall Footings (Not Enough Detail In Landscape Drawings) • Guard Rail • Concrete or Sub Grade for Brick Pavers • Demo of Building • Brick Pavers • Installation or removal any temporary or permanent fencing. • Irrigation lines or sleeving • Damage to unmarked utilities. • Sod, Seed, or Landscape. • Erosion Control Installation, Maintenance, and/ or filing of NOI • Cleaning of Roads for Other Subs. • Haul Off of other Contractors Spoils. If you have any questions concerning this estimate, please contact me at (979) 822-7605 Ext. 109 or b.prewitt@bpitx.com. Respectfully submitted, Billy Prewitt Vice President Page 309 of 342 1 | Page Kieschnick General Contractors, Inc. P.O. Box 200 Wellborn, TX 77881 Phone (979) 690-0710 ♦ Fax (979) 690-5611 ♦ info@kieschnickgc.com ______________________________________________________________________________________ HUB CERTIFIED - VID #: 1-20-211-2296-000 **** PROPOSAL **** 2-27-2019 Project: College Station City Hall Permit Set College Station, TX Pricing is based on plans dated February 2020 by Kimley Horn and includes labor, materials & equipment for installation of the following scope of work: Water $150,000 1.1 EA cut in 12” x 8” tee 2.2 EA cut in 6” tee 3.1 EA cut in 6” x 3” tee 4.1 EA 3” meter with vault 5.1 EA 8” backflow preventer 6.855 LF 8” C-900 with all fittings and valves 7.155 LF 8” remote FDC line including FDC and all fittings 8.2 EA 8” in building risers 9.55 LF 6” C-900 with all fittings and valves 10.2 EA fire hydrant assembly 11.1 EA 2” short service 12.1 EA connect to existing meter Storm _____________ ___ $242,000 1.75 LF 8” HDPE with all fittings 2.357 LF 12” HDPE with all fittings 3.565 LF 18” HDPE with all fittings 4.725 LF 24” HDPE with all fittings 5.154 LF 12” PVC with all fittings 6.224 LF 8” PVC with all fittings 7.70 LF 4” PVC with all fittings 8.6 EA 24” grate inlets 9.5 EA 5’ Curb inlets 10.3 EA 48” grate inlets 11.1 EA tie to existing Inlet 12.6 EA storm manholes 13.2 EA doghouse manhole Page 310 of 342 2 | Page Exclusions: Engineering & Layout, Permits & Fees, Silt Fence, Retaining Wall, SWPP, Striping, traffic control, Demolition, Seeding, Sod, Landscaping, domestic to building, ROCK EXCAVATION and any other work not specified in scope above Thank you for the opportunity to bid this project. Please contact our office @ (979) 690- 0710 or Jerry Kieschnick @ (979) 255-3863 if you have any questions. Sanitary $17,000 1.1 EA deep connect to existing manhole 2.145 LF 6” SDR-26 with all fittings 3.2 EA 6” cleanout _____________________________________ Signature of Acceptance Date ____________________________________________ Printed Name/Title ____________________________________________ Telephone/Fax No. Page 311 of 342 1 February 27, 2020 Job Proposal for College Station City Hall - College Station, TX - SUBBID UTILITIES PROPOSAL SCOPE: ●Furnish & Install Phase 1 Storm Drain: 722 LF of 24” HDPE storm drain and connect to existing grate inlet, 515 LF of 18” HDPE storm drain, 477 LF of 12” HDPE storm drain and (5) 12” stubs, 286 LF of 8” PVC storm drain and (8) 8” stubs, 102 LF of 4” PVC roof drain and (3) 4” stubs, (4) curb inlets, (2) junction boxes, (4) grate inlets, (8) storm manholes - (2) on existing storm sewer line, and 34 LF of 2” PVC storm drain for irrigation and (4) 2” stubs ●Furnish & Install Phase 2 Storm Drain: 25 LF of 18” HDPE storm drain and connect to existing storm drain, and (1) grate inlet ●Furnish & Install 130 LF of 6” SDR-26 PVC sanitary sewer line, (1) 6” connect to existing sanitary sewer manhole with asphalt pavement repair, (2) 6” cleanouts, and (1) 6” cap 5’ from building ●Furnish & Install 90 LF of 2.5” domestic water line, (1) 2.5” connect to existing 6” water line, (1) 2.5” backflow preventer, and (1) 2.5” cap 5’ from building ●Furnish & Install 825 LF of C-900 PVC fire line, (2) 8” connect to existing 6” water line, (1) 8” connect to existing 12” water line, (1) 8” backflow preventer, (1) post indicator valve, (1) 8” in-building fire riser, 90 LF of 6” D.I. fire lead, (2) fire hydrant assemblies, (1) domestic water service line connect to proposed 8” water line, 38 LF of domestic water service line and connect to existing water meter, and (1) 2” irrigation stub out ●Furnish & Install (1) remote fire department connection, 155 LF of 8” C-900 PVC FDC line, and (1) 8” in-building fire riser SUBGRADE SPECIALTIES LLC- PO BOX 957 LEXINGTON, TEXAS 78947 OFFICE 979-773-8974, FAX 979-773-8975 ​SUBGRADESPECIALTIES@GMAIL.COM Page 312 of 342 2 Price Breakdown: Storm Line Phase 1: $199,477.00 Storm Line Phase 2: $11,147.00 Sanitary Sewer Line: $41,357.00 Water & Fire Line: $176,101.00 Utility Testing & Certification: $7,500.00 Trench Safety: $1,500.00 Mobilization/Demobilization: $10,000.00 EXCLUSIONS:​ Compaction testing, bonding, spoil removal from other trades, construction water fees, surveying, building control points, site poured concrete, curb & gutter, curb cuts, demolition, retaining wall with associated drain, storm drain connection to building drainage, landscape storm drainage, site poured wing wall / headwall, concrete channel, concrete riprap, concrete flume, irrigation, water meter, irrigation meter, pavement marking & signage, sidewalk cushion/base, erosion & sedimentation control, tree protection, traffic control, rock excavation INCLUSIONS:​ ​Layout for this trade, Spoil removal for this trade, all material for complete installation of our scope, Vertical grade control by GPS (+- 0.1’) for this trade & work per plans dated January 2020 by Kimley Horn, Addendum 0 ** General contractor to furnish CAD drawings and GPS control points and 2” water source** TEXAS LICENSE # TX-SCR-U-2299975 ​ ​David Boettcher- Estimator DIRECT PHONE NUMBER 979-540-9180 SUBGRADE SPECIALTIES LLC- PO BOX 957 LEXINGTON, TEXAS 78947 OFFICE 979-773-8974, FAX 979-773-8975 ​SUBGRADESPECIALTIES@GMAIL.COM Page 313 of 342 D&S Contracting, Inc PO Box 9100 College Station, TX 77842 Phone/FAX 979-690-9232 Cell 979-574-1337 dandscontractinginc@verizon.net College Station City Hall February 27, 2020 Item Quantity Unit Description 1 730 LF 24" HDPE 2 540 LF 18" HDPE 3 390 LF 12" HDPE 4 340 LF 8" HDPE 5 100 LF 4" HDPE 6 20 LF 3" HDPE 7 85 LF Remove Existing Storm Line 8 4 EA Remove Existing Inlet 9 2 EA Connect to Existing Grate Inlet 10 2 EA 4' Manhole on Existing 24" Line 11 2 EA Storm Manhole (8' deep) 12 1 EA Storm Manhole (7' deep) 13 2 EA Storm Manhole (6' deep) 14 1 EA Storm Manhole (4' deep) 15 1 EA 5' Curb Inlet (5' deep) 16 2 EA 5' Curb Inlet (4' deep) 17 1 EA 5' Curb Inlet (3' deep) 18 1 EA 2'x2' Junction Box w/ Grate (4'deep) 19 5 EA 12" Grate Inlet (4' deep) 20 1 EA 12" ADS Drain (2' Deep) 21 1 EA 18"x24" Grate Inlet w/ Neehnah Frame/Grate R1879- B3G (3' Deep) 22 2 EA 24"x12" Inserta Tee w/ 45' Bend 23 1 EA 24"x8" Inserta Tee w/ 45' Bend 24 1 EA 18"x12" Inserta Tee w/ 45' Bend 25 1 EA 18"x8" Inserta Tee w/ 45' Bend 26 1 EA 12"x8" Inserta Tee w/ 45' Bend 27 3 EA 12" 90' Bend 28 4 EA 12" 45' Bend 29 4 EA 12"x8" Reducer Storm Sewer Page 314 of 342 D&S Contracting, Inc PO Box 9100 College Station, TX 77842 Phone/FAX 979-690-9232 Cell 979-574-1337 dandscontractinginc@verizon.net College Station City Hall February 27, 2020 30 3 EA 12"x8" WYE 31 4 EA 12"x4" WYE 32 9 EA 8" WYE 33 14 EA 8" 90' Bend 34 16 EA 8"45' Bend 35 11 EA 8" Roof Drain Connector 36 7 EA 8" Single Cleanout 37 5 EA 4" 45' Bend 38 4 EA 4" 90' Bend 39 3 EA 4" Roof Drain Connector 40 2 EA 3" 90' Bend StormSewer Subtotal 202,825.00$ 41 210 LF Remove Existing Line 42 1 EA Remove Existing Hydrant 43 20 LF 12" C900 44 840 LF 8" C900 45 120 LF 6" C900 46 40 LF 2" K Copper 47 20 LF 2.5" K Copper 48 80 LF 2.5" SCH40 49 1 EA 12"x8" MJ Tee (Wet Connect) 50 1 EA 12" Mj Solid Sleeve 51 1 EA 12" MJ Anchor Coupling 52 1 EA 12" MJ Gate Valve w/box, snake pit and mega lugs 53 7 EA 8" MJ Gate Valve w/box, snake pit and mega lugs 54 1 EA 8" MJ Post Indicator Valve w/ Valve Water Line Page 315 of 342 D&S Contracting, Inc PO Box 9100 College Station, TX 77842 Phone/FAX 979-690-9232 Cell 979-574-1337 dandscontractinginc@verizon.net College Station City Hall February 27, 2020 55 3 EA 6" MJ Gate Valve w/box, snake pit and mega lugs 56 1 EA 2.5" MJ Gate Valve w/box, snake pit and mega lugs 57 1 EA 2" Valve 58 6 EA 8" Mj Anchor Coupling 59 2 EA 8" MJ Tee 60 12 EA 8" 45' Mj Bend 61 2 EA 8"x6" MJ Tee 62 2 EA 8" 90' MJ Bend 63 2 EA 8"x6" MJ Reducer 64 1 EA 8" Back Flow Preventor w/ Vault 65 2 EA 8" Stainless Steel Riser 66 1 EA 8" 90' Bend (Galvanized) 67 1 EA 8" Remote FDC 68 1 EA 8" Simies Connection 69 2 EA 2.5" Knox Lock 70 1 EA 8"x2" Service Saddle w/ Corp Stop 71 1 EA 6"x2.5" Service Saddle w/ Corp Stop 72 2 EA 6"x8" MJ Tee (wet connect) 73 2 EA 6" MJ Anchor Coupling 74 1 EA 6" 45' Mj Bend 75 2 EA 6" MJ Solid Sleeve 76 2 EA Fire Hydrant Assembly 77 1 EA 3" Meter w/ Box 78 1 EA 3" Backflow Preventor w/ box 79 2 EA 2.5" 90' Bend 80 2 EA 2.5" 45' Bend Page 316 of 342 D&S Contracting, Inc PO Box 9100 College Station, TX 77842 Phone/FAX 979-690-9232 Cell 979-574-1337 dandscontractinginc@verizon.net College Station City Hall February 27, 2020 81 1 EA 3"x2.5" Reducer 82 1 EA 3"x2.5" Reducer (Brass) 83 1 LS Hydro Test/Fire Inspection Water Line Subtotal 147,405.00$ 84 140 LF 6" SDR26 85 30 LF 4" SDR26 86 1 EA Connect to Existing Manhole 87 2 EA 6" WYE 88 4 EA 6"x4" WYE 89 4 EA 4" 45' Bend 90 2 EA 4" Single Cleanout w/ Metal Boot 91 1 EA 4" Double Cleanout w/ Metal Boot 92 4 EA 6" Plug Sanitary Sewer Subtotal 9,085.00$ Bid Proposal Total 359,315.00$ Exclusions: Soils testing, concrete removal/replacement, asphalt removal/replacement, road repair, staking, layout, erosion control, grease trap, traffic control, meter/tap fees and all spoils left on site. Pricing good for 30 days. Pricing includes one mobilization. Additional mobilizations will be charged as required. Sanitary Sewer Page 317 of 342 ID Task NameDuration Start Finish1CS City Hall Project426 daysMon 2/3/20Thu 9/30/212Preconstruction145 daysMon 2/3/20Mon 8/24/203 Contract Award1 dayMon 2/3/20Mon 2/3/204 Design Development Drawings completed10 daysFri 2/7/20Thu 2/20/205 Design Development Cost estimate6 daysFri 2/21/20Fri 2/28/206 Submit IGMP Approval - Site Package6 daysMon 3/2/20Mon 3/9/207IGMP Approval - Site Package1 dayMon 3/9/20Mon 3/9/208 Submit GMP Due - Building Package1 dayWed 3/18/20Wed 3/18/209Construction Documents Cost estimates6 daysThu 3/19/20Thu 3/26/2010 GMP Approval - Building Package1 dayThu 3/26/20Thu 3/26/2011 Issue completed Construction Documents1 dayFri 3/27/20Fri 3/27/2012Issue Contracts - Site Contracts8 daysFri 3/13/20Tue 3/24/2013Issue Contracts - Building Contracts30 daysFri 3/27/20Thu 5/7/2014 Procure Structural Steel 76 daysFri 5/8/20Mon 8/24/2015 City Permitting - Site 30 daysMon 2/17/20Fri 3/27/2016Obtain Site Permit1 dayMon 3/30/20Mon 3/30/2017 City Permitting - Building30 daysMon 2/10/20Fri 3/20/2018Obtain Building Permit1 dayMon 3/23/20Mon 3/23/2019 Notice to Proceed3 daysWed 3/25/20Fri 3/27/2020Building Construction404 daysWed 3/4/20Thu 9/30/2121 Site Work389 daysWed 3/4/20Thu 9/9/2122Install Silt Fencing3 daysWed 3/4/20Fri 3/6/2023Install Site Fencing/Tree Protection3 daysMon 3/9/20Wed 3/11/2024 Mobilization5 daysMon 3/30/20Fri 4/3/2025 Strip topsoil10 daysMon 3/30/20Fri 4/10/2026Demo Existing Landscaping5 daysTue 3/31/20Mon 4/6/2027 Cut/Fill10 daysTue 4/7/20Mon 4/20/2028 Building Pad Preparation 10 daysTue 4/21/20Mon 5/4/2029 Relocate Utilities200 daysMon 4/6/20Mon 1/18/2130Phase I50 daysMon 4/6/20Mon 6/15/2031Phase II50 daysTue 6/16/20Mon 8/24/2032Phase III50 daysTue 8/25/20Tue 11/3/2033Phase IV50 daysWed 11/4/20Mon 1/18/2134 Underground Utilities355 daysTue 4/21/20Thu 9/9/2135Phase I5 daysTue 4/21/20Mon 4/27/2036Storm Drainage5 daysTue 4/21/20Mon 4/27/2037Phase II10 daysMon 8/3/20Fri 8/14/20JFMAMJJASONDJFMAMJJASOHalf 1, 2020Half 2, 2020Half 1, 2021Half 2, 2021TaskMilestoneSummaryProject SummaryDeadlineCriticalProgressCS City Hall Schedule 2020-03-2 VIEW 00 - OAC Status Date: NA Printed Date: Mon 3/2/20 1 of 2Page 318 of 342 ID Task NameDuration Start Finish38 Storm drainage5 daysMon 8/3/20Fri 8/7/2039 Sanitary Sewer5 daysMon 8/3/20Fri 8/7/2040 Water Main10 daysMon 8/3/20Fri 8/14/2041 Natural Gas8 daysMon 8/3/20Wed 8/12/2042 Electrical Service10 daysMon 8/3/20Fri 8/14/2043Phase III10 daysMon 11/30/20Fri 12/11/2044Storm Drainage5 daysMon 11/30/20Fri 12/4/2045Sanitary Sewer5 daysMon 11/30/20Fri 12/4/2046Water Main10 daysMon 11/30/20Fri 12/11/2047Natural Gas8 daysMon 11/30/20Wed 12/9/2048 Electrical Service10 daysMon 11/30/20Fri 12/11/2049Phase IV50 daysThu 7/1/21Thu 9/9/2150Storm Drainage5 daysThu 7/1/21Wed 7/7/2151Sanitary Sewer5 daysThu 7/1/21Wed 7/7/2152Water Main10 daysThu 7/1/21Wed 7/14/2153Natural Gas8 daysThu 7/1/21Mon 7/12/2154 Electrical Service10 daysThu 7/1/21Wed 7/14/2155 Parking lot construction27 daysThu 4/30/20Mon 6/8/2061Landscaping45 daysTue 6/9/20Mon 8/10/2066 Foundations55 daysTue 5/5/20Tue 7/21/2075 Building Envelope Completion183 daysWed 7/22/20Fri 4/9/2189 Interior Framing and MEP Rough169 daysWed 9/23/20Fri 5/21/21107 Drywall - Second Side Walls & Ceilings90 daysFri 11/20/20Wed 3/31/21126 MEP Trim & Finish Out105 daysTue 12/8/20Wed 5/5/21134 Finishes Lvls 1-350 daysThu 4/1/21Thu 6/10/21139 Finish out spaces - Council Chambers65 daysThu 4/1/21Thu 7/1/21145 Punch list & Commission31 daysFri 6/4/21Fri 7/16/21151 Demolition Existing Muncipal Building63 daysMon 7/5/21Thu 9/30/21JFMAMJJASONDJFMAMJJASOHalf 1, 2020Half 2, 2020Half 1, 2021Half 2, 2021TaskMilestoneSummaryProject SummaryDeadlineCriticalProgressCS City Hall Schedule 2020-03-2 VIEW 00 - OAC Status Date: NA Printed Date: Mon 3/2/20 2 of 2Page 319 of 342 March 9, 2020 Item No. 5.7. Francis Drive Rehabilitation Project Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a contract with Larry Young Paving, Inc. in the amount of $2,639,117 for the construction of the Francis Drive Rehabilitation Project. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Transportation Recommendation(s): Staff recommends approval of the construction contract. Summary: The Francis Drive Rehabilitation Project, Phase 1 & 2 Rebid consists of the replacement of the pavement of Francis Drive with concrete from Munson to Shady Ln (Ph 1 remaining) and Walton to Munson (Ph 2). The project also includes replacement of the existing sidewalk with 8-ft sidewalk, water, wastewater and drainage improvements within the project area. Budget & Financial Summary: A combined budget for Phase 1 and Phase 2 in the amount of $5,337,000 is included in the Streets, Water, and Wastewater Capital Improvement Projects Funds. A combined total of $2,123,688 has been expended or committed to date, leaving a combined balance of $3,213,312 for this contract and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.Francis Drive Project Location 2.Tabulation_Summary Page 320 of 342 Lincoln Av Texas AvFrancis Dr Dominik Dr W altonDr MunsonAvSpring Lo Phase 1Phase 2 . Francis Drive RehabilitationPhases I & IIProject Location Map Page 321 of 342 Page 322 of 342 Page 323 of 342 Page 324 of 342 Page 325 of 342 Page 326 of 342 Page 327 of 342 Page 328 of 342 Page 329 of 342 Page 330 of 342 Page 331 of 342 Page 332 of 342 Page 333 of 342 Page 334 of 342 Page 335 of 342 Page 336 of 342 Page 337 of 342 Page 338 of 342 Page 339 of 342 Page 340 of 342 Page 341 of 342 Page 342 of 342