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2024-4496 - Ordinance - 01/25/2024ORDINANCE NO. 2024-4496 AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 2, “DEVELOPMENT REVIEW BODIES,” SECTION 2.12, “SUMMARY OF REVIEW AUTHORITY,” ARTICLE 3 “DEVELOPMENT REVIEW PROCEDURES,” SECTION 3.2.G.1, “SUMMARY OF NOTICE REQUIRED,” SECTION 3.2.J.3.c, “TIME FOR FILING PETITION AND SUPPORTING DOCUMENTATION,” SECTION 3.2.J.6, “EXPIRATION OR FAILURE TO FILE APPLICATION,” SECTION 3.7 “PLATS,” ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8.3.A, “SUITABILITY OF LANDS,” SECTION 8.3.N.5.a.1, “ORGANIZED WASTEWATER COLLECTION AND TREATMENT SYSTEM,” SECTION 8.7.B, “GUARANTEE OF PERFORMANCE,” AND SECTION 8.9, “CERTIFICATIONS” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO THE DELEGATION OF PLATTING AUTHORITY; 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 2, “Development Review Bodies,” Section 2.12, “Summary of Review Authority,” Article 3 “Development Review Procedures,” Section 3.2.G.1, “Summary of Notice Required,” Section 3.2.J.3.c, “Time for Filing Petition and Supporting Documentation,” Section 3.2.J.6, “Expiration or Failure to File Application,” Section 3.7 “Plats,” Article 8, “Subdivision Design and Improvements,” Section 8.3.A, “Suitability of Lands,” Section 8.3.N.5.a.1, “Organized Wastewater Collection and Treatment System,” Section 8.7.B, “Guarantee of Performance,” and Section 8.9, “Certifications” 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,” Exhibit “E,” Exhibit “F,” Exhibit “G,” Exhibit “H,” and Exhibit “I,” 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 ORDINANCE NO. 2024-4496 Page 2 of 24 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. PASSED, ADOPTED and APPROVED this 25th day of January, 2024. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _____________________________ City Attorney ORDINANCE NO. 2024-4496 Page 3 of 24 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 2, “Development Review Bodies,” Section 2.12, “Summary of Review Authority,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “The following table summarizes the authority of the various review bodies and staff. Summary of Review Authority Development Review Procedure City Council Planning and Zoning Comm. Zoning Board of Adj. Design Review Board Land. Comm. Bike, Ped. & Grnwy Admin. Building Official Dev. Engr. KEY: A = Appeal R = Recommend D = Final Action/Decision RR = Review/Report CITY COUNCIL Oversize Participation D RR Development Agreement D RR R Conditional Use Permit D R RR Official Zoning Map Amendment D R RR Official Zoning Map Amendment (HP) D R R RR P-MUD/PDD Concept Plan D R RR Unified Development Ordinance Text Amendment D R R RR Comprehensive Plan Amendment D R R RR Impact Fee/CIP Priorities D R R RR Annexations D R RR Municipal Utility Districts D R RR PLANNING AND ZONING COMMISSION Preliminary Plan or Plat with Discretionary Item A D RR R Preliminary Plan or Plat with Waiver of Subdivision Standard A D RR R Development Exaction Appeal A D RR ZONING BOARD OF ADJUSTMENT Variance D RR R RR Administrative Appeal D RR Official Zoning Map Interpretation D RR DESIGN REVIEW BOARD Site Plan in WPC A D R Building/Sign Permit Review in WPC A D Parking Waivers in WPC A D RR Waivers in NG D RR Non-Residential Architectural (NRA) Standards Waiver D RR NRA Standards Alternative Compliance D RR ORDINANCE NO. 2024-4496 Page 4 of 24 LANDMARK COMMISSION Certificates of Appropriateness A D RR Certificates of Demolition A D RR ADMINISTRATOR Architectural Reviews D Interpretation A (a) A D Sign Permit A D Site Plan A (b) D R Administrative Adjustment A D WPC Building or Sign, Minor A D Preliminary Plan (no discretionary item or subdivision waiver) D R Plat (no discretionary item or subdivision waiver) A D R P-MUD/PDD Concept Plan Minor Amendment A D Certificate of Appropriateness, Routine Maintenance Work A D NG Roof Color Palette Amendment A D Alternative Parking Plans A D Determination of Plat Applicability A D R BUILDING OFFICIAL Building Permit D Certificate of Occupancy R D R Certificate of Completion R D R DEVELOPMENT ENGINEER Development Permit D Driveway Application A D Alternative Construction Material A D Notes: (a) Standards of Article 8, Subdivision Design and Improvements only. (b) Standards of the Site Plans Section and the Site Plans in WPC Wolf Pen Creek Section of Article 3, Development Review Procedures of this UDO only.” ORDINANCE NO. 2024-4496 Page 5 of 24 Exhibit B That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review Procedures,” Section 3.2.G.1, “Summary of Notice Required,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “G. Required Public Notice. 1. Summary of Notice Required. Notice shall be required for development review as shown in the following table. Summary of Notice Required Application Type Published Mailed Agenda Posted Comprehensive Plan Amendments X X (a) X Official Zoning Map Amendments (Rezonings) X X X Unified Development Ordinance Text Amendments X X Conditional Use Permits X X X Plats X (b) X (b) X Design District – Site Plans/Building Permits X Certificates of Appropriateness X Certificates of Demolition (No economically viable use) X X X Variances X X X Appeals – Site Plan and Driveway X Waivers – Subdivision Design X (b) X (b) X Waivers – Buffer Requirements X Administrative Appeals X X Development Exaction Appeals X Notes: (a) Applies only to amendments to the Comprehensive Plan Future Land Use & Character Map. This shall not apply to major evaluations and updates to the Comprehensive Plan, which have their own public notification and input processes. (b) Only when required per the Texas Local Government Code, as amended.” ORDINANCE NO. 2024-4496 Page 6 of 24 Exhibit C That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review Procedures,” Section 3.2.J.3.C, “Time for Filing Petition and Supporting Documentation,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “c. Time for Filing Petition and Supporting Documentation. A petition for relief from a dedication or construction requirement shall be submitted to the Development Engineer within fourteen (14) calendar days following the Administrator’s or Planning and Zoning Commission’s decision to approve, conditionally approve or deny an application. The information in support of the petition as set forth above shall be submitted to the Development Engineer within sixty (60) calendar days following the initial decision unless the applicant (petitioner for relief) seeks an extension in writing. The Development Engineer may extend the time for submitting the information for a period not to exceed an additional thirty (30) calendar days for good cause shown.” ORDINANCE NO. 2024-4496 Page 7 of 24 Exhibit D That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review Procedures,” Section 3.2.J.6, “Expiration or Failure to File Application,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “6. Expiration or Failure to File Application. Where an application was denied based upon the imposition of the standard requiring the dedication of land or construction of a required public infrastructure and the Administrator’s or Planning and Zoning Commission’s decision, if not further appealed (or the City Council’s decision if further appealed as applicable), is to grant some level of relief, the applicant must resubmit the application within sixty (60) calendar days following the date the relief is granted. If such re-submittal of the application is not made within the sixty (60) day period, the relief granted by the Commission (or City Council as applicable) on the petition shall expire.” ORDINANCE NO. 2024-4496 Page 8 of 24 Exhibit E That Appendix A, “Unified Development Ordinance,” Article 3 “Development Review Procedures,” Section 3.7 “Plats,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Plat Review Process A. Applicability. This Section applies to the subdivision and development of property as set forth herein. 1. Subdivision Plat Required. a. Subdivision of property within the city limits or extraterritorial jurisdiction is required to be approved in accordance with applicable state law and as set forth herein when one (1) or more of the following occurs: 1) The division of land (for any purpose) into two (2) or more parcels to lay out a subdivision of the tract, including an addition to the city, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on to or adjacent to the streets, alleys, squares, parks or other parts; 2) Development on a parcel not previously legally subdivided; 3) Resubdivision of land that has previously been platted; or 4) Amendment of any approved plat. b. Types of Subdivision Filings. ORDINANCE NO. 2024-4496 Page 9 of 24 1) Preliminary Plans. A preliminary plan is required for the subdivision of all tracts of land within the city limits or extraterritorial jurisdiction, except as otherwise set forth in this UDO. A preliminary plan shall include the entire parent survey or tract of land under common ownership. 2) Final Plats and Replats. A final plat is required for the subdivision of all property within the city limits or extraterritorial jurisdiction. A final plat shall include the entire preliminary plan area or less when the final plat adheres to the phasing identified on the approved preliminary plan. The final plat shall conform to the preliminary plan as approved by the Administrator, provided it incorporates all changes, modifications, corrections, and conditions imposed by the Administrator; and provided further, that it conforms to all requirements of these regulations and the Comprehensive Plan. 3) Minor Plats and Amending Plats. A preliminary plan shall not be required prior to the application of a minor plat or amending plat. Amending plats are as described in Chapter 212 of the Texas Local Government Code, as amended. Minor plats or replats involve four (4) or fewer lots fronting on an existing street and do not require the creation of any new street or the extension of municipal facilities. 4) Vacating Plats. A vacating plat shall adhere to the requirements of Chapter 212 of the Texas Local Government Code, as amended. Vacating plats shall be processed and reviewed in the same manner as a final plat. c. Exemptions from Subdivision Plat Requirement. The following subdivisions are exempt from subdivision plat requirements: 1) A division of land into parts greater than five (5) acres within the city limits and greater than ten (10) acres in the extraterritorial jurisdiction, where each part has access, and no public improvement is being dedicated; 2) Division of property that results from a governmental entity's land acquisition for public facilities such as the expansion of street right-of-way; 3) Any lot(s) forming a part of a subdivision created and recorded prior to July 15, 1970, the effective date of the City of College Station Subdivision Regulations, or prior to the date on which the Subdivision Regulations applied to the property through the extension of the extraterritorial jurisdiction; 4) A division of land performed by a political subdivision of the state, as defined in Chapter 245 of the Texas Local Government Code, as amended. Such entities that choose to plat voluntarily shall comply with all of the applicable requirements; or 5) A division of land created by order of a court of competent jurisdiction. 2. Development Plat Required. a. The City chooses to be covered by Subchapter B, Regulation of Property Development of Chapter 212 of the Texas Local Government Code, as amended. Any person who proposes the development of a tract of land or lot of record not located within a recorded subdivision within the city limits or the extraterritorial jurisdiction must have a development plat of the tract prepared in accordance with this Section. New development may not begin on the property until the development plat is filed with and approved by the City. b. Exemptions from Development Plat Requirement. ORDINANCE NO. 2024-4496 Page 10 of 24 The following developments are exempt from development plat requirements: 1) When an applicant is required to file a preliminary plan or final plat pursuant to other requirements of this Section, a development plat is not required in addition thereto. 2) The development of a tract of land within the city limits or the extraterritorial jurisdiction that meets all of the following criteria is not required to file a development plat: (a) The tract is at least five (5) acres; (b) The tract has access; and (c) The development is a single-family home for the use of the property owner or a member of the property owner's family, an accessory structure(s) of the home, and/or an accessory structure(s) for the benefit of agricultural uses. 3) Development by a political subdivision of the state, as defined in Chapter 245 of the Texas Local Government Code, as amended. Such entities that choose to plat voluntarily shall comply with all of the applicable requirements. 4) The Administrator may waive the requirement for a development plat within the city limits when no parkland, public infrastructure, or public dedication is required on the subject tract. B. Determination of Plat Applicability. Upon written application and in compliance with Chapter 212 of the Texas Local Government Code, as amended, the Administrator shall make the following determinations regarding the tract of land identified in the request: 1. Whether a plat is required under this UDO for the tract of land; and 2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the Planning and Zoning Commission or Administrator, as applicable. The Administrator may require additional information and documents to be provided by the applicant to make the requested determination. C. Application Requirements. 1. Pre-Application Conference. Prior to the submission of a preliminary plan or a plat application required by this UDO, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with the Pre-Application Conference Subsection of the General Approval Procedures Section above. 2. A complete application for review shall be submitted to the Administrator including payment of a fee as set forth in this UDO. Upon request, all preliminary plans and all plats shall be submitted in an electronic form acceptable to the Administrator and compatible with the City's geographic information system (GIS). The signatures of all owners of land within the boundary of the preliminary plan or the plat shall be required on the application. A representative of an owner may sign the application provided a written letter of agency is provided to the City with the application. If the property owner is not an individual but an entity (e.g., business or trust), the application must be accompanied by proof of authority for the individual to sign on behalf of the entity. 3. When required to submit the following, the applications shall comply with and/or show the following information: a. Preliminary Plans. When submitting preliminary plans, the following information is required: ORDINANCE NO. 2024-4496 Page 11 of 24 1) The preliminary plan shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8, Subdivision Design and Improvements of this UDO; 2) The words "PRELIMINARY PLAN - NOT FOR RECORD" shall appear on the plan; 3) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 4) The name and address of all property owners, developers and subdividers, engineers, and surveyors; 5) Description by metes and bounds of the subdivision which shall close within accepted land survey standards (labeled on boundary lines, not separate metes and bounds description). An accurate location of the subdivision or development shall be provided by reference to an established survey or league corner, City of College Station horizontal control monument, subdivision corner, or other known points. Primary control points or descriptions and ties to a control point, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The preliminary plan shall be oriented to a corner of the survey or tract, or an original corner of the original survey of which it is a part; 6) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 7) Indicate whether the contiguous property is platted and provide the name of all contiguous subdivisions or names of owners of contiguous, unplatted parcels; 8) The following existing features shall be shown: (a) The location, dimension, name, and description of all recorded streets, alleys, reservations, easements, or other public or private rights-of-way within the subdivision or development, intersecting or contiguous with its boundaries or forming such boundaries. In the case of pipelines carrying flammable gas or fuel, the approximate location, size of the line, design pressure and product transported through the line shall be shown; (b) The location, dimension, description, and name of all existing or recorded lots, parks, public areas, permanent structures, and other sites within or contiguous with the subdivision or development; (c) The location, dimensions, description, and flow line of existing watercourses and drainage structures within the subdivision, development, or contiguous thereto; (d) The location of the one hundred (100) year floodplain according to the most recent best available data; 9) Date of preparation, scale in feet, and north arrow; 10) Topographic information, including contours at two-foot intervals, flow line elevation of streams, and wooded areas; 11) The location, approximate dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, or other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development. Proposed channel cross sections, if any. Existing and/or proposed well site locations; 12) A number or letter to identify each lot and each block. Lots and blocks shown on a preliminary plan should be numbered sequentially; 13) Location of current city limits line and current zoning district boundaries; 14) Vicinity map which shows the general location of the subject property to existing streets in College Station to its city limits. No scale is required but a north arrow is to be included; 15) The number of residential lots and average lot size when applicable; ORDINANCE NO. 2024-4496 Page 12 of 24 16) Provide a note to identify a cluster development when applicable; 17) Provide any oversize participation requests that will be sought; 18) Provide a title report for the property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc.; 19) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; 20) Provide a note on the preliminary plan to identify the residential parking option chosen from the Single-Family Residential Parking Requirements for Platting Section of Article 8, Subdivision Design and Improvements of this UDO, when applicable; and 21) As applicable, applicants shall submit the information, documents, and materials set forth in the Traffic Impact Analyses Section of Article 7, General Development Standards of this UDO. b. Plats to be Recorded. When submitting plats, the following shall be required: 1) The plat shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8, Subdivision Design and Improvements of this UDO unless expressly provided for otherwise; 2) Prior to filing a plat for record, provide a twenty-four (24) inch by thirty-six (36) inch mylar of the plat and current certified tax certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subdivision; 3) Provide a title report for the property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc.; 4) Provide the plat in a digital format as accepted by the City’s online application review and permitting system. The plat must be sized at a ratio of two-to-three (2:3) and be at a scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five hundred (500) feet per inch or larger; 5) Vicinity map which shows the general location of the subject property to existing streets in College Station to its city limits. No scale is required but a north arrow is to be included; 6) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 7) Date of preparation, scale in feet, and north arrow; 8) The name and address of all property owners, developers, subdividers, engineers, and surveyors responsible for the plat; 9) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development; 10) For a replat where there are existing improvements, provide a survey of the subject property showing the improvements to ensure that no setback encroachments are created; 11) The name of contiguous subdivisions and names of owners of contiguous parcels and an indication of whether or not contiguous properties are platted; 12) The location of the one hundred (100) year floodplain and floodway according to the most recent best available data; 13) A number or letter to identify each lot and each block. Lots and blocks shown on a plat should be numbered sequentially; 14) Provide the number of lots and average lot size when applicable; 15) Provide a note to identify a cluster development when applicable; 16) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; ORDINANCE NO. 2024-4496 Page 13 of 24 17) The plat shall also include the following, based on a field survey, and marked by monuments and markers: (a) The exact location, dimensions, name, and legal description of all existing or recorded streets, alleys, easements, or other rights-of-way within the subdivision or development, intersecting or contiguous with the boundary or forming such a boundary with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance, and length of all curves, where applicable; (b) The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, and other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development, with accurate dimensions, bearings, or deflection angles and radii, areas, center angle, degree of curvature, tangent distance, and length of curves, where applicable; (c) Lot corner markers and survey monuments shall be shown clearly by symbol, and tied to City of College Station horizontal control monuments; (d) The following, when applicable, shall appear on the face of the plat: (See examples in the Certifications Section of Article 8 Subdivision Design and Improvements of this UDO.) i. Certificate of Ownership and Dedication; ii. Certificate of Surveyor and/or Engineer; iii. Certificate of City Engineer; iv. Certificate of Planning and Zoning Commission; v. Certificate of the County Clerk; vi. Certificate of Administrator; and vii. Certificate of Approval. 18) The plat shall be accompanied by the construction documents and reports bearing the seal and signature of a registered professional engineer. All shall be in accordance with the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and shall include the following: (a) Construction plans shall be provided in a digital format as accepted by the City’s online application review and permitting system. The plat must be sized at a ratio of two-to-three (2:3); (b) Street, alley, and sidewalk plans, profiles, and sections, with specifications and detailed cost estimates; (c) Sanitary sewer plan with contours, plan, and profile lines, showing depth and grades, with sewer report and detailed cost estimates; (d) Water line plan showing fire hydrants, valves, etc., with specifications, a water report, and a detailed cost estimate. This may be combined with related information supplied for preliminary plan submissions; (e) Storm drainage system plan with contours, street lines, inlets, storm sewer, and drainage channels with profiles and sections. Detail drainage structure design and channel lining design if used, with specifications, drainage report, and detailed cost estimate; (f) Street lighting plan showing the location of lights, design, and with specifications and detailed cost estimates; and ORDINANCE NO. 2024-4496 Page 14 of 24 (g) Any associated necessary items, including but not limited to off-site public utility easements, permits, or approval of governmental agencies. 19) Provide a note on the final plat to identify the residential parking option chosen from the Single-Family Residential Parking Requirements for Platting Section of Article 8, Subdivision Design and Improvements of this UDO, when applicable; and 20) If the subject property is zoned MH Middle Housing, provide a note on the final plat to identify the list of proposed residential product type(s) to ensure the correct application of the Middle Housing Project Types and Dimensional Standards Table Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. D. Filing of Plat. For the purposes of this Section, the date of filing shall be determined as the date on which a complete application, as determined by the Administrator, and a plat meeting all of the technical terms and conditions of this UDO or has filed a waiver request to those Sections for which the plat does not comply, is submitted. Once a complete application has been filed with the City, it will be scheduled for action by the Administrator or the Planning and Zoning Commission, as applicable. E. Plat Approval Authority. Pursuant to Chapter 212 of the Texas Local Government Code, as amended, the City Council delegates authority to the Administrator and the Planning and Zoning Commission the ability to approve, approve with conditions, or disapprove plats in accordance with the procedure set forth herein. The delegation of authority to the Administrator applies to all plats except for plats including one or more waiver requests or discretionary items, or which require a public hearing. The Planning and Zoning Commission has approval authority over plats which include one or more waiver requests or discretionary items, or which require a public hearing. The Administrator may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. F. Review Procedure. 1. Preliminary Plan Review. a. Review and Approval by Administrator. If a waiver or discretionary item is not included or required with the preliminary plan application and a public hearing is not required, the Administrator may review and approve or deny the application based on compliance with the following elements: 1) The Comprehensive Plan, including any associated plans or studies adopted by the City Council; 2) Existing zoning of the property, if applicable; 3) Article 8, Subdivision Design and Improvements of this UDO; 4) Form and content as required in the General Approval Procedures Section above; 5) If phased, the preliminary plan must demonstrate the sufficiency and viability of public infrastructure for each phase such that an undue burden is not placed on any particular phase. In addition, the proposed phasing is not to create phases or potential remainders of size, shape, or location so as not to be developable in compliance with this UDO; and 6) Other provisions of this UDO as applicable. b. Review and Recommendation by Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board shall review the preliminary plan application for compliance with the Requirements for Parkland Dedication Section of Article 8, Subdivision Design and improvements of this UDO and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Administrator or the Planning and Zoning Commission in its review. Once the Board ORDINANCE NO. 2024-4496 Page 15 of 24 has determined compliance, the preliminary plan and subsequent plats may proceed directly to the Administrator or the Planning and Zoning Commission. c. Consideration by Planning and Zoning Commission. If a preliminary plan application will be scheduled for a public hearing or includes one or more waiver requests or discretionary items, the Administrator shall forward the preliminary plan to the Planning and Zoning Commission for consideration when it meets all of the technical terms and conditions of this UDO. Proposed parkland dedication equal to or exceeding five (5) acres and dedications of floodplain or greenway not previously considered by the Planning and Zoning Commission shall be considered discretionary items. The Administrator shall provide a recommendation on the waiver request(s) or discretionary item(s) as appropriate. The Planning and Zoning Commission shall receive the recommendations of the Administrator and the Parks and Recreation Advisory Board and shall approve, disapprove, or conditionally approve the preliminary plan with modifications based on compliance with the same elements listed in the Review and Approval by Administrator Subsection above. Conditions of approval must entail corrections, changes, or completion of items that are ministerial and explicitly spelled out. d. Effect of Approval. Approval of a preliminary plan shall mean the following: 1) Approval of a preliminary plan application by the Administrator or the Planning and Zoning Commission shall allow the applicant to continue the subdivision process by submitting a development permit application with construction plans and a final plat application. 2) Approval of a preliminary plan shall not constitute approval of a final plat. Application for approval of a final plat will be considered only after the requirements for preliminary plan approval as specified herein have been fulfilled and after all other specified conditions have been met. 3) If a final plat is not filed with the City within twenty-four (24) months of the date of approval or conditional approval of a preliminary plan, the Planning and Zoning Commission may, upon written application of the applicant, extend the approval for a one-time additional twelve (12) month period. The request for consideration of an extension shall be submitted to the Administrator at least thirty (30) days before the preliminary plan approval expires. 4) Each final plat which is a phase of an approved preliminary plan shall extend the expiration date of the preliminary plan an additional two (2) years from the date the final plat was approved. 5) If a preliminary plan is phased, final plats shall only be permitted to proceed in the numerical order set forth by the preliminary plan. 2. Amendments to an Approved Preliminary Plan. a. Minor Amendments. Minor amendments of an approved preliminary plan may be in an application for approval of a final plat without the necessity of filing a new application for approval of a preliminary plan. Minor amendments may include adjustments in street or alley alignments and lengths, phasing, the adjustment in lot lines that do not result in the creation of additional developable lots, or adjustments to utility or access easements. Minor amendments shall comply with the standards of this UDO, shall not alter a subdivision standard that is discretionary to the Planning and Zoning Commission, and shall not increase the extent of an approved waiver to a subdivision standard. ORDINANCE NO. 2024-4496 Page 16 of 24 b. Major Amendments. All other proposed amendments of an approved preliminary plan not constituting a minor amendment shall be considered a major amendment and require the approval of a new preliminary plan application by the Administrator or the Planning and Zoning Commission, as appropriate. Major amendments include but are not limited to an increase in the number of developable lots, rerouting of streets, addition or deletion of alleys, change to thoroughfare street layout, or modification to parkland. c. Amendment Determination. The applicant shall provide a written description of proposed amendments to an approved preliminary plan. The Administrator shall determine whether the proposed amendments are deemed minor or major amendments. At the discretion of the Administrator, a new preliminary plan application that proposes major amendments may be processed simultaneously with a final plat application. d. Retaining Previous Approval. If the proposed major amendments are not approved or if the applicant is unwilling to accept the terms and conditions required by the Administrator or the Planning and Zoning Commission, the applicant may withdraw the proposed amendments by written request and retain the previously approved preliminary plan. 3. Final Plat, Replat, Vacating Plat, Development Plat, Minor Plat, and Amending Plat Review. a. Review and Approval by Administrator. 1) If a waiver or discretionary item is not included or required with the plat application and a public hearing is not required, the Administrator may review and approve, approve with conditions, or disapprove the application based on compliance with the following elements: (a) The approved preliminary plan, if applicable; (b) The Comprehensive Plan, including any associated plans or studies adopted by the City Council; (c) Existing zoning of the property, if applicable; (d) Article 8, Subdivision Design and Improvements of this UDO; (e) Form and content as required in the General Approval Procedures Section above; and (f) Other provisions of this UDO as applicable. 2) If public infrastructure is required for the plat, the following is required for the plat application to be complete: (a) The construction documents must be approved by the City Engineer; (b) Any necessary off-site easements are reviewed and acceptable by the City in recordable form; and (c) Either the public infrastructure is constructed by the applicant and accepted by the City, or a guarantee provided to the City Engineer in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section of Article 8, Subdivision Design and Improvements of this UDO. 3) If a waiver or discretionary item is included or required with the plat application, a public hearing is required, or the Administrator elects to forward a plat to the Planning and Zoning Commission, the applicant will be advised of the date set for Planning and Zoning Commission consideration. The Administrator shall recommend approval or disapproval of the same. ORDINANCE NO. 2024-4496 Page 17 of 24 b. Review and Recommendation by Parks and Recreation Advisory Board. If not already determined through an approved preliminary plan, the Parks and Recreation Advisory Board shall review the plat application for compliance with the Requirements for Parkland Dedication Section of Article 8, Subdivision Design and Improvements of this UDO, and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Planning and Zoning Commission in its plat review. c. Criteria for Approval by Planning and Zoning Commission. If a plat application will be considered by the Planning and Zoning Commission, the Commission shall receive the recommendation of the Administrator and the Parks and Recreation Advisory Board (if applicable) and shall approve or disapprove such plat within thirty (30) days after the plat is filed. Proposed parkland dedication equal to or exceeding five (5) acres and dedications of floodplain or greenway not previously considered by the Planning and Zoning Commission shall be considered discretionary items. The Planning and Zoning Commission's action shall be based on compliance with the review elements listed in the Review and Approval by Administrator Subsection above and the City Engineer’s approval of all required infrastructure as proposed in the construction documents and which has been constructed and accepted or guaranteed in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section of Article 8, Subdivision Design and Improvements of this UDO. Conditions of approval must entail corrections, changes, or completion of items that are ministerial and explicitly spelled out. d. Recordation. Approved plats shall be recorded in the County Clerk’s Office of the county in which the plat is located when all requirements and conditions have been met. G. Waivers. The Planning and Zoning Commission, where authorized by this UDO, may approve, approve with conditions, or disapprove waivers of the standards in Article 8, Subdivision Design and Improvements of this UDO. H. Plat Disapproval. 1. When a plat is disapproved, the applicant is provided a written statement articulating the reasons for disapproval. 2. An applicant may submit a written response that remedies each reason for disapproval. 3. An applicant has the right to appeal if the designated authority disapproves a plat. I. Platting in Planned Districts (P-MUD Planned Mixed-Use District and PDD Planned Development District). If the subject property is zoned as a P-MUD Planned Mixed-Use District or PDD Planned Development District, the City Council may approve a concept plan that provides for general modifications to the site development and subdivision standards. The general modifications shall be indicated on the approved concept plan or within the rezoning ordinance. J. Platting in the Extraterritorial Jurisdiction. The City has entered into one (1) or more written agreements with counties in which it has extraterritorial jurisdiction. Such agreements identify the authority authorized to regulate plats within the extraterritorial jurisdiction, and the provisions of this Section are subject to the terms and ORDINANCE NO. 2024-4496 Page 18 of 24 conditions of such valid agreements. In the event such an agreement creates a direct conflict between the regulations herein and those of the particular county, the stricter standard shall apply. K. Failure to Obtain Plat Approval. 1. If plat approval is required for the subdivision of property or development of property and the same is not properly secured: a. Prohibition of Recordation. It shall be unlawful to offer and cause to be recorded any plat or replat of land within the city limits or extraterritorial jurisdiction at the County Clerk’s Office unless the same bears the endorsement and approval of the Planning and Zoning Commission, the Administrator, or bears a valid certificate of No Action Taken as provided for in the Certifications Section of Article 8, Subdivision Design and Improvements of this UDO. b. Prohibition of Making Improvements. It shall be unlawful to make any improvements, alterations, or changes of any kind to such property; c. No Issuance of Permits. The City shall not issue any building, repair, plumbing, electrical, or other permit relating to such property until such approval occurs; d. No Provision or Maintenance of Infrastructure. The City shall not repair, maintain, install, or provide any streets, public utilities, or public infrastructure of any kind to such property; e. No Provision of Public Utilities. The City shall not sell or supply water, gas, electricity, or sewerage to such property. 2. Council Action. a. If any subdivision or development exists for which a plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council may pass a resolution reciting the fact of such noncompliance or failure to secure plat approval and reciting the fact that the provisions of this Section apply. b. The City Secretary shall, when directed by the City Council, cause a certified copy of the said resolution under the corporate seal of the City to be recorded in the Deed Records of the county in which the plat is located. c. If such compliance and plat approval are secured after the recording of such resolution, the City Secretary shall forthwith record an instrument in the Deed Records of the county in which the plat is located stating that the property is no longer in violation.” ORDINANCE NO. 2024-4496 Page 19 of 24 Exhibit F That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.3.A, “Suitability of Lands,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “A. Suitability of Lands. The Administrator or the Planning and Zoning Commission, or as otherwise delegated herein, 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.” ORDINANCE NO. 2024-4496 Page 20 of 24 Exhibit G That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.3.N.5.A.1, “Organized Wastewater Collection and Treatment System,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “1) Organized Wastewater Collection and Treatment System. A subdivider may have a proposed subdivision served by a non-City organized wastewater 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 City approval of the final plat.” ORDINANCE NO. 2024-4496 Page 21 of 24 Exhibit H That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.7.B, “Guarantee of Performance,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “B. Guarantee of Performance. 1. In lieu of the obligation to construct public infrastructure as set forth above, the developer may elect to file security guaranteeing the construction of the same to obtain final plat approval and to commerce construction of private improvements. This may be accomplished in one (1) of the following two (2) ways: a. Performance Bond. The developer may file with the City Engineer a bond executed by a surety company holding a license to do business in the State of Texas, in an amount acceptable to the City Engineer of the City of College Station, and a form approved by the City Attorney. The developer shall state in writing a timeframe acceptable to the City by when such public improvements will be complete; or b. Letter of Credit. The developer has filed with the City Engineer an irrevocable letter of credit, in a form approved by the City, signed by a principal officer of a local bank, local savings and loan association, or other financial institution, acceptable to the City, agreeing to pay to the City of College Station, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the developer is responsible under this Section. The guaranteed payment sum shall be the estimated costs and scheduling as prepared by the developer's engineer and approved by the City Engineer. The letter shall state the name of the subdivision and shall list the improvements which the developer is required to provide. 2. If one (1) of the two (2) types of security is filed by the developer and accepted by the City as described above, the City Engineer shall inspect and approve the construction of public improvements in accordance with the requirements of this UDO when the same occurs. If the developer fails to properly construct some or all required public improvements, the City Attorney shall, on the direction of the City Council, proceed to enforce the guarantees provided in this Section. 3. The City Engineer may extend the period by when completion of public improvements is to occur regardless of periods that may be iterated elsewhere in this UDO. No such extension shall be granted unless security, as provided herein, has been provided by the developer covering the extended period and provided that such extension does not jeopardize the general public health, safety, and welfare.” ORDINANCE NO. 2024-4496 Page 22 of 24 Exhibit I That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.9, “Certifications” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “CERTIFICATE OF OWNERSHIP AND DEDICATION STATE OF TEXAS ) COUNTY OF BRAZOS ) I (we) ___________, the owner(s) and developer(s) of the land shown on this plat, and designated herein as the ___________ subdivision to the City of College Station, Texas, and whose name(s) is/are subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, greenways, infrastructure, easements, and public places thereon shown for the purpose and consideration therein expressed. All such dedications shall be in fee simple unless expressly provided otherwise. ___________ ___________ Owner(s) STATE OF TEXAS ) COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared ___________ known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that he/they executed the same for the purpose and consideration therein stated. Given under my hand and seal on this ___ day of _______, 20 ___. ___________ Notary Public, Brazos County, Texas (Seal) CERTIFICATE OF SURVEYOR AND/OR ENGINEER STATE OF TEXAS ) COUNTY OF BRAZOS ) I, ___________, Registered Public Surveyor (Engineer), No. _______, in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property and that property markers and monuments were placed under my supervision on the ground. ___________ Surveyor (Engineer) ORDINANCE NO. 2024-4496 Page 23 of 24 CERTIFICATE OF CITY ENGINEER I, ___________, City Engineer of the City of College Station, Texas, hereby certify that this subdivision plat conforms to the requirements of the subdivision regulations of the City of College Station. ___________ City Engineer, City of College Station CERTIFICATE OF PLANNING AND ZONING COMMISSION (for plat requiring discretionary authority) I, ___________, Chair of the Planning and Zoning Commission of the City of College Station, hereby certify that the attached plat was duly approved by the Commission on the ___ day of _______, 20 ___. ___________ Planning and Zoning Commission Chair, City of College Station CERTIFICATE OF THE COUNTY CLERK Leave a space four (4) inches wide and two (2) inches tall for the Certificate of the County Clerk. ___________ County Clerk, Brazos County, Texas CERTIFICATE OF ADMINISTRATOR I, ___________, Administrator of the City of College Station, Texas, hereby certify that this subdivision plat conforms to the requirements of the subdivision regulations of the City of College Station. ___________ Administrator, City of College Station CERTIFICATE OF APPROVAL (for plats in the extraterritorial jurisdiction) This subdivision plat was duly approved by the Commissioners Court of Brazos County, Texas as the final plat of such subdivision on ___ day of _______, 20___. Signed this the ___ day of _______, 20___. ___________ County Judge, Brazos County, Texas CERTIFICATE OF THE COUNTY CLERK ORDINANCE NO. 2024-4496 Page 24 of 24 CERTIFICATE OF NO ACTION TAKEN I, ___________, Administrator, hereby certify that the plat was filed with the Planning and Development Services Department on the ___ day of _______ and that the City of College Station failed to act on the plat within 30 days after the plat was filed. ___________ Administrator, City of College Station”