HomeMy WebLinkAbout2008-3154 - Ordinance - 12/16/2008ORDINANCE NO. 3154
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 2
"DEVELOPMENT REVIEW BODIES," ARTICLE 3 "DEVELOPMENT REVIEW PROCEDURES,"
ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS," ARTICLE 8
"SUBDIVISION DESIGN AND IMPROVEMENTS" AND ARTICLE 11 "DEFINITIONS," OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN
SECTIONS AS SET OUT BELOW RELATING TO RULES AND PROCEDURES FOR SUBDIVISIONS;
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 12, "Unified Development Ordinance," Section 2.2 "Planning and Zoning
Commission," Section 2.6, "Administrator," Article 3 "Development Review Procedures," Section 5.9
"Single- Family Overlay Districts," Article 8 "Subdivision Design and Improvements," and 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 ", attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections
of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter 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) nor more than Two Thousand Dollars ($2,000.00). Each day such
violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance,
being a penal ordinance, becomes effective January 1, 2009.
PASSED, ADOPTED and APPROVED this 16th day of December . 2008.
APPROVED:
MAYOR
A "TEST: - Z� _,
City Secretary
APPRVED*
C ty` tt rney
ORDINANCE I'40. 3154
EXHIBIT "A"
Part I
Page 2
That Chapter 12, "Unified Development Ordinance," Section 2.2 "Planning and Zoning
Commission," of the Code of Ordinances of the City of College Station, Texas, is hereby
amended by amending subSection 2.2.D.3 "Final Action" to read as follows:
3. Final Action
The Planning and Zoning commission shall hear and take final action on the following:
a. Applicable appeals of decisions of the Design Review Board;
b. Preliminary and final plats, replats, development plats, and minor plats not
approved by staff as set forth in the Plat Review Section in Article 3 of this LIDO;
C. Waivers of the standards in Article 8, Subdivision Design and Improvements;
d. Appeal of the Administrator's denial of a final minor or amending plat;
e. Appeal of the Administrator's denial to amend the color palette for Northgate roof
colors;
f. Appeal of the Administrator's denial of an alternative parking plan; and
g. Appeal of the Administrator's interpretation of the provisions of Article 8,
Subdivision Design and Improvements.
Part II
That Chapter 12, "Unified Development Ordinance," Section 2.6 "Administrator," of the Code of
Ordinances of the City of College Station, Texas, is hereby amended by amending subSection
2.6.B.2 "Interpretation" to read as follows:
2. Interpretation
The Administrator is responsible for interpreting the provisions of this LIDO. The
Administrator shall make written interpretations of this LIDO, when requested, setting
forth the reasons and explanation therefore.
Part III
That Chapter 12, "Unified Development Ordinance," Article 3 "Development Review
Procedures," of the Code of Ordinances of the City of College Station, Texas, is hereby
amended by amending said Article to read as follows:
Article 3. Development Review Procedures
3.1 General Approval Procedures
A. Conformity with Unified Development Ordinance (UDO) and the Comprehensive Plan
The provisions of this LIDO and the Comprehensive Plan shall apply to and be binding on any
and all persons, firms, or corporations who singly or jointly seek to develop, redevelop, or
otherwise change existing land uses within the corporate limits of the City of College Station
ORDINANCE NO. 3154
Page 3
and, where applicable, its extraterritorial jurisdiction (ETJ). Compliance with the UDO and the
Comprehensive Plan includes the dedication and construction of identified infrastructure,
right -of -way or improvement of specified facilities including but not limited to sidewalks,
bikeways, thoroughfares, etc.
B. Preapplication Conference
Prior to the submission of an application required by this UDO, applicants are encouraged to
schedule and attend an optional preapplication conference with the City Staff prior to
submitting any application. Preapplication conferences with City Staff may be used to
discuss, in general, procedures, standards, or regulations relating to a proposed
development. If a preapplication conference is requested, the Administrator will require the
applicant to submit information prior to the preapplication conference to allow staff time to
review the proposal.
C. Application Forms and Fees
The following regulations shall apply to all applications:
1. Forms
Applications required under this UDO shall be submitted using correct completed forms,
where applicable, with any requested information and attachments, and in such
numbers, as required by the City, including any checklists for submittals. The
Administrator shall have the authority to request any other pertinent information
required to ensure compliance with this UDO.
2. Electronic Submission Required
All plats and site plans shall be prepared and submitted upon request in an electronic
form acceptable to the Administrator and compatible with the City's Geographic
Information System (GIS).
3. Fees
a. Filing fees shall be established from time -to -time by resolution of the City Council
for the purpose of defraying the actual cost of processing the application.
b. All required fees shall be made payable to "The City of College Station."
c. An applicant who has paid the appropriate fee pursuant to submission of an
application, but who chooses to withdraw such application prior to any notification,
review, or action taken, shall be entitled to a refund of fifty percent (50 %) of the
total amount paid upon written request to the City except that the filing fee
required for text or map amendments shall not be refundable.
d. The Administrator may waive or reduce development - related fees on a case -by-
case basis. The following criteria shall be used by the Administrator to evaluate
such requests:
1) The applicant is not financially able to pay the fees; and
2) The City is requesting a change to the approved plat.
D. Application Deadline
All applications shall be completed and submitted to the Administrator in accordance with a
schedule established by the City. An application shall not be considered officially submitted
until it has been determined to be complete in accordance with this UDO.
E. Application Completeness
An application shall be considered submitted only after the Administrator has determined it is
complete. This includes determining whether it is accompanied with any required forms,
mandatory information (including all exhibits), and the applicable fee. If an application is
determined to be incomplete, no further processing of the application shall occur until the
deficiencies are corrected. An application of any kind under this Article expires and
application fee forfeited on or after the forty -fifth (45 day after the application is deemed
ORDINANCE NO. 311514
incomplete if:
Page 4
1. The applicant fails to provide documents or other information necessary to comply with
the technical requirements of this UDO as to form and content of the submittal;
2. The City notifies the applicant, in writing, of the failure to provide specific documents or
other information within ten (10) business days from the filing date, noting the date the
application will expire if same is not provided; and
3. The applicant fails to provide the specified documents or other information within the time
provided in the notice.
F. F. Required Public Notice
1. Summary of Notice Required
Notice shall be required for development review as shown in the following table.
Zoning Map Amend. (Rezoning)
X X
UDO Text Amendment
X
Conditional Use Permit
X X
Subdivision - Replats*
X* X*
Design District - Site Plan /Bldg.
Certificate of Appropriateness
Certificate of Demolition (No
X
X
economically viable use)
variances - ZBA
X X
Appeals - Site Plan & Driveway
Waiver - Subdivision Design
Waiver - Buffer Requirements
Administrative Appeals
X
* Only when required per the Local Government Code.
Per Ordinance No. 3110 (September 22, 2008)
2. Specific Notice Requirements
X
X
X
X
X
X
X
X
X
X
X
a. Published Notice
A Public Hearing Notice shall be placed by the Administrator at least once in the
official newspaper of the City before the fifteenth (15 day before the date of the
hearing for the purpose of notifying the public of the time and place of such public
hearing and the substance of the public hearing agenda items that may be
considered or reviewed.
Per Ordinance No. 2906 (June 22, 2006)
b. Mailed Notice
A notice of public hearing shall be sent to owners of record of real property, as
indicated by the most recently approved municipal tax roll, within two- hundred
feet (200') of the parcel under consideration. The notice may be served by its
deposit in the municipality, properly addressed with postage paid, in U.S. mail
before the fifteenth (15 day before the date of the hearing.
C. Content of Notice
A published or mailed notice shall provide at least the following specific
information:
1) The general location of land that is the subject of the application;
2) The substance of the application, including the magnitude of proposed
development and the current zoning district;
ORDINANCE NO. 3154 Page 5
3) The time, date, and location of the public hearing; and
4) A phone number to contact the City.
3. Public Hearing Signs
For the purpose of notifying the public, the Administrator may require the installation of
a sign on the property prior to the public hearing. The specifications including size,
location, and content of public hearing signs shall be established by the Administrator.
4. Required Hearings and Reviewing Body
The following table illustrates the types of review requiring a public hearing and the
review body responsible for conducting the hearing.
Zoning Map Amendment (Rezoning)
Zoning Map Amendment (Rezoning -
Historic Preservation Overlay District)
Certificate of Demolition (No I X
economically viable use)
LIDO Text Amendment X X
Conditional Use Permit X X
Subdivision* I X
Variances - ZBA I X
Administrative Appeals X
* Only when required per the LOCAL GOVERNMENT CODE.
Per Ordinance No. 3110 (September 22, 2008)
G. Simultaneous Processing of Applications
Two or more forms of review and approval are typically required in the development process.
Development proposals that require applications for Zoning Map Amendments (Rezoning) are
required to be acted upon by the City Council before plat and other development applications
will be accepted for review by the City. In addition, Preliminary Plats are to be acted upon by
the Planning & Zoning Commission before a subsequent Final Plat is considered. Other
applications for development approvals may, at the option of the Administrator, be processed
simultaneously, so long as the approval procedures for each individual application can be
completed pursuant to the requirements of this UDO. Such processing shall occur at the
applicant's own risk.
H. Dormant Projects
1. Any individual permit, authorization or approval required in this LIDO expires twenty -four
(24) months from the date of making complete application for same or from the date
vesting occurs pursuant to Chapter 245 TEXAS LOCAL GOVERNMENT CODE if no progress has
been made towards completion of the project or if the expiration date is not otherwise
extended pursuant to the terms of this LIDO.
2. For projects requiring more than one permit, authorization or approval, there shall be an
expiration date of five (5) years from the date the first complete application is filed for
the project or from the date vesting occurs pursuant to Chapter 245 TEXAS LOCAL
GOVERNMENT CODE if no progress is made towards completion of the project or if the
expiration date is not otherwise extended pursuant to the terms of this LIDO.
3. For purposes of this Section, progress towards completion of the project is as defined by
Chapter 245 TEXAS LOCAL GOVERNMENT CODE.
I. Appeals
I I X X X
ORDINANCE NO. 3I 5 1 I
Page 6
An appeal of any final decision shall be filed with the appropriate entity within thirty (30)
days. If no appeal is filed within thirty (30) days, the decision shall be final.
3.2
Zoning Map Amendment (Rezoning) Preapprcation
Conference
A. Purpose
To establish and maintain sound, stable, and desirable development
within the territorial limits of the City, the Official Zoning Map may be Application
amended based upon changed or changing conditions in a particular Submittal Staff
area or in the City generally, or to rezone an area or extend the Review
boundary of an existing zoning district. All amendments shall be in
accordance with the Comprehensive Plan as may, from time to time, l
be amended. Planning & I
C Zoning J
B. Initiation of Amendments Commission
An amendment to the Official Zoning Map may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission; city
3. The Administrator; or Council
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.
1. As applicable, applicants shall submit the information, documents, and materials set
forth in the Traffic Impact Analyses Section in Article 7 of this UDO.
2. 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.
Per Ordinance No. 2981 (May 24, 2007)
3. 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 percent plus one (50% + 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.
4. Application requests for a Neighborhood Conservation Overlay District (NCO) shall
provide the following additional information:
a. An original plat of the subdivision;
b. A petition including dated signatures by fifty percent plus one (50% + 1) of the
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 of six (6) property owners in the neighborhood to serve on neighborhood
stakeholder committee; and
e. A checklist of the proposed items to be included in the Conservation Study.
Per Ordinance No. 3029 (December 13, 2007)
4. Application request for a Historic Preservation Overlay District shall provide the
following additional information:
ORDINANCE NO. 315H Page 7
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.
Per Ordinance No. 3110 (September 11, 2008)
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.
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.
Per Ordinance No. 3110 (September 11, 2008)
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.
Per Ordinance No. 3110 (September 11, 2008)
ORDINANCE NO.__3 1 5U Page 8
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.
Per Ordinance No. 3110 (September 11, 2008)
S. 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.
Per Ordinance No. 3110 (September 11, 2008)
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.
Per Ordinance No. 3110 (September 11, 2008)
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.
Per Ordinance No. 3110 (September 11, 2008)
S. 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.
Per Ordinance No. 3110 (September 11, 2008)
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
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 of all
members of the City Council. The protest must be written and signed by the
owners of at least twenty percent (20 %) of either the area of lots covered by the
proposed change, or of the area of the lots or land immediately adjoining the area
ORDINANCE NO. 315
Page 9
covered by the proposed change and extending two hundred feet (200') from that
area.
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) Consistency with the Comprehensive Plan;
2) Compatibility with the present zoning and conforming uses of nearby
property and with the character of the neighborhood;
3) Suitability of the property affected by the amendment for uses permitted by
the district that would be made applicable by the proposed amendment;
4) Suitability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed
amendment;
5) Marketability of the property affected by the amendment for uses permitted
by the district applicable to the property at the time of the proposed
amendment; and
6) Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use.
7) 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 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.
Per Ordinance No. 3110 (September 11, 2008)
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.
Per Ordinance No. 3110 (September 11, 2008)
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 and eighty (180) days from the date of denial, unless the Planning and
Zoning Commission finds that one of the following factors are applicable:
Per Ordinance No. 3110 (September 11, 2008)
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.
ORDINANCE NO. 315L4
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
Page 10
4. By petition of fifty percent plus one (50% + 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.
Per Ordinance No. 3029 (December 13, 2007)
3.3 Plat Review
A. Applicability. This Section applies to the subdivision and I Preapplication
development of property as set forth herein. conference
1. Subdivision Plat Required 1
a. Subdivision of property within the City limits or Application
extraterritorial jurisdiction (ETJ) of the City of College Submittal
Station is required to be approved in accordance with Staff
applicable state law and as set forth herein when one or Review
more of the following occurs:
Completeness
1) The division of land (for any purpose) into two or Review
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, Parks & 1
squares, parks or other parts of the tract intended to Recreation Board J
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;
Planning &
2) Development on a parcel not previously legally Zoning
subdivided; Commission
3) Resubdivision of land that has previously been
platted; or
4) Amendment of any approved plat.
b. Types of Subdivision Filings Required
1) Preliminary Plat: A Preliminary Plat is required for the subdivision of all
property within the City limits or ETJ of the City of College Station.
2) Final Plats: A Final Plat is required for the subdivision of all property within
the City limits or ETJ of the City of College Station. The Final Plat shall
conform to the Preliminary Plat as approved by the Planning and Zoning
Commission, provided it incorporates all changes, modifications, corrections,
and conditions imposed by the Planning and Zoning Commission; and provided
further, that it conforms to all requirements of these regulations and the City's
Comprehensive Plan.
3) Minor and Amending Plats. Pursuant to Section 212.0065, Subchapter A,
"Regulations of Subdivisions," Chapter 212 of the TEXAS LOCAL GOVERNMENT CODE,
the City Council of the City of College Station delegates the Administrator the
ability to approve the following plats in accordance with the procedure set
forth herein:
(a) Amending Plats described in Section 212.016, Subchapter A,
"Regulations of Subdivisions," Chapter 212 of the TEXAS LOCAL GOVERNMENT
CODE;
ORDINANCE NO. 315 L4
Page 11
(b) Minor Plats or Replats involving four or fewer lots fronting on an existing
street and not requiring the creation of any new street or the extension
of municipal facilities;
(C) A Replat under Section 212.0145, Subchapter A, "Regulations of
Subdivisions," Chapter 212 of the TEXAS LOCAL GOVERNMENT CODE, that does
not require the creation of any new street or the extension of municipal
facilities.
Exemptions from Subdivision Plat Requirement. The following subdivisions
are exempt from the Subdivision Plat Requirements:
1) A division of land into parts greater than five acres, 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 expansion of street right -of -way; or
3) Any lot or lots 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 in which the Subdivision Regulations applied
to the property through extension of the City of College Station extraterritorial
jurisdiction.
2. Development Plat Required
a. The City of College Station chooses to be covered by Subchapter B, "Regulation of
Property Development," Chapter 212 of the TEXAS LOCAL GOVERNMENT CODE. Any
person who proposes the development of a tract of land within the City limits or
the extraterritorial jurisdiction (ETJ) of the City of College Station 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. For purposes of this Section, "Development" means the
new construction or the enlargement of any exterior dimension of any building,
structure, or improvement.
b. Exemptions from Development Plat Requirement. The following
developments are exempt from this Section:
1) When an applicant is required to file a Preliminary or Final Subdivision Plat
pursuant to other requirements of this Section, a Development Plat is not
required in addition to the Subdivision Plat.
2) The development of a tract of land within the City limits or the extraterritorial
jurisdiction (ETJ) of the City of College Station 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) The Administrator may waive the requirement for a Development Plat within
the City limits when no parkland, infrastructure, or easement dedication is
required on the subject tract.
B. Application Requirements
1. Preapplication Conference
Prior to the submission of a plat application required by this UDO, applicants are
encouraged to schedule and attend an optional preapplication conference in accordance
with and for the purposes set forth elsewhere in this UDO for preapplication
conferences.
ORDINANCE NO. 315 L4
Page 12
2. A complete application for review shall be submitted to the Administrator including
payment of a fee as set forth in this UDO. All Plans and Plats shall be submitted upon
request 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 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 Plats. When submitting preliminary plats, the following information is
required:
i) 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;
2) Provide the plat on sheets twenty -four inches (24 ") by thirty -six inches (36 ")
to a scale of one - hundred feet (100') 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 feet (500') per inch or
larger;
3) The words "PRELIMINARY PLAT - NOT FOR RECORD" shall appear on the plat
in letters one -half inch ( /2") high;
4) The date the plat was submitted and the dates of any revisions shall legibly
appear on the plat;
5) 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;
6) The name and address of all property owners, developers and subdividers,
planners, engineers, and surveyors;
7) The legal description by metes and bounds of the subdivision or development
which shall close within accepted land survey standards. An accurate location
of the subdivision or development should be provided by reference to an
established survey or league corner, subdivision corner, or other known point;
8) Primary control points or descriptions and ties to such control point, to which,
later, all dimensions, angles, bearings, block numbers, and similar data shall
be referred. The plat shall be located with respect to a corner of the survey or
tract, or an original corner of the original survey of which it is a part;
9) Subdivision boundary lines shall be indicated by heavy lines and the computed
acreage of the subdivision or development shown;
10) The name of contiguous subdivisions and names of owners of contiguous
parcels, and an indication whether or not contiguous properties are platted;
11) 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 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;
ORDINANCE NO. 3155
Page 13
(d) The location of the one - hundred (100) year floodplain according to the
most recent best available data;
12) Date of preparation, scale in feet, and north arrow;
13) Topographic information, including contours at two -foot (2') intervals, flow line
elevation of streams, and wooded areas;
14) 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;
15) A number or letter to identify each lot or site and each block. Lots and blocks
shown on a plat should be numbered sequentially;
16) Location of current City limits line, and current zoning district boundaries;
17) Vicinity map at a scale of not less than five - hundred feet (500') per inch,
which shall show existing subdivisions, streets, easements, right -of -way,
parks, and public facilities in the vicinity;
is) Show number of residential lots.
19) Provide any oversize participation requests that will be sought.
20) Provide title report for property that is current within ninety (90) days and
includes applicable information such as ownership, liens, encumbrances, etc.
21) Eleven -inch (11 ") by seventeen -inch (17 ") copies of the plat (not necessarily
to scale) will be requested by the Administrator when the plat has been
reviewed and has the potential to be scheduled for a Planning and Zoning
Commission meeting for consideration.
Final Plats. For final plats, including Replats, Minor Plats, Amending Plats and
Development Plats, the following shall be required:
1) Meet all requirements of the Preliminary Plat.
2) Provide current certified tax certificates from all taxing agencies showing
payment of all ad valorem taxes on the land within the subdivision.
3) Provide title report for property that is current within ninety (90) days and
includes applicable information such as ownership, liens, encumbrances, etc.
4) Provide the plat on sheets twenty -four inches (24 ") by thirty -six inches (36 ")
to a scale of one - hundred feet (100') 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 feet (500') per inch or larger.
5) The Plat shall also include the following, based on 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 clearly tied to City of College Station horizontal control
monuments;
ORDINANCE NO. 51!54
Page 14
(d) The following, when applicable, shall appear on the face of the plat: (See
examples in Article 8 Subdivision Design and Improvement.)
L Certificate of Ownership and Dedication;
ii. Certificate of Surveyor and /or Engineer;
iii. Certificate of City Engineer;
iv. Approval of Commission; and
v. Certificate of the County Clerk.
6) The plat shall be accompanied by the construction documents and reports as
prescribed below and 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 on twenty -four inch (24 ") by thirty -
six inch (36 ") sheets;
(b) Street, alley, and sidewalk plans, profiles, and sections, with
specifications and detail 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
and water report and a detailed cost estimate. This may be combined
with related information supplied for preliminary plat 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 location of lights, design, and with
specifications and detailed cost estimates; and
(g) Any associated necessary items, including but not limited to off -site
public utility easements, permits or approval of governmental agencies.
7) Eleven -inch (11 ") by seventeen -inch (17 ") copies of the plat (not necessarily
to scale) will be requested by the Administrator when the plat has been
reviewed and has the potential to be scheduled for a Planning and Zoning
Commission meeting for consideration.
4. If the Administrator determines that an application for a plat is not in conformity with
the Comprehensive Plan, such shall be denied. The applicant may amend the request
to comply or may withdraw the request. The determination that the plat is not in
compliance with the Comprehensive Plan may be appealed to the Planning and Zoning
Commission.
C. Filing of Plat
For the purposes of this Section, the date of filing shall be determined as the date on which a
complete application and a plat meeting all of the technical terms and conditions of this UDO,
or has filed a variance 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 and /or the Planning and Zoning Commission, as applicable.
D. Review Procedure
1. General Subdivision Plat Review
Preliminary Plat Review
i) Review and Recommendation by Administrator
ORDINANCE NO. 315y
Page 15
(a) The Administrator shall review the Preliminary Plat application for
compliance with the following elements:
i. City's Comprehensive Plan including but not limited to the Land Use
Plan, Thoroughfare Plan, Utility Master Plan, Parks and Recreation
Master Plan, Bicycle, Pedestrian & Greenways Master Plan, Sidewalk
Master Plan;
ii. Article 8, Subdivision Design and Improvement Standards;
iii. Plat form and content as required in the Application Requirements
Section;
iv. If phased, the plat must demonstrate sufficiency and viability of public
infrastructure for each phase; and
v. Other provisions of this UDO as applicable.
(b) The applicant will be advised of the date set for Planning and Zoning
Commission consideration.
(C) The Administrator shall recommend approval, approval with conditions,
or disapproval of the same based on compliance with the elements listed
above.
2) Review and Recommendation by Parks and Recreation Advisory Board
The Parks and Recreation Advisory Board shall review the Preliminary Plat
application for compliance with the parkland dedication requirements of Article
8, Subdivision Design and Improvements, 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. Once
the Board has determined compliance, the plat and subsequent plats may
proceed directly to the Planning and Zoning Commission.
3) Review and Action by Planning and Zoning Commission
Within thirty (30) days after the Preliminary Plat is considered filed with the
City, 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 plat with modifications
based on compliance with the same elements listed in the Review and
Recommendation by Administrator.
4) Effect of Approval
(a) If a Final Plat is not filed within twenty -four (24) months of the effective
date of approval of a Preliminary Plat, 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 City
before the Preliminary Plat approval expires.
(b) Each Final Plat of a phase on an approved Preliminary Plat shall extend
the expiration date of the Preliminary Plat an additional one (1) year
from the date the Final Plat was approved by the Commission.
(C) Approval of a Preliminary Plat shall not constitute approval of a Final Plat.
Application for approval of a Final Plat will be considered only after the
requirements for Preliminary Plat approval as specified herein have been
fulfilled and after all other specified conditions have been met.
(d) Upon approval of the Preliminary Plat by the Planning and Zoning
Commission, the applicant may proceed to comply with the other
requirements of these regulations and the preparation of the Final Plat.
If a Preliminary Plat is phased, Final Plats shall only be permitted to
ORDINANCE NO. 31 5 Page 16
proceed to the Planning & Zoning Commission in the numerical order as
proposed and defined on the Preliminary Plat.
Final Plat and Replat Review
1) Review and Recommendation by Administrator
(a) The Administrator shall review the plat application for compliance with
the elements identified in the Preliminary Plat Review. The Final Plat will
be processed in the same manner as the Preliminary Plat.
(b) The construction documents must be approved by the City Engineer in
order for the plat to meet the terms and conditions of this UDO and be
scheduled for Planning and Zoning Commission consideration.
(c) The applicant will be advised of the date set for Planning and Zoning
Commission consideration.
(d) The Administrator shall recommend approval, approval with conditions,
or disapproval of the same.
2) Review and Action by Planning and Zoning Commission
Within 30 days after the Final Plat is filed, the Planning and Zoning
Commission shall receive the recommendation of the Administrator and shall
approve, disapprove, or conditionally approve such Plat based on compliance
with the elements listed in the Preliminary Plat Review, the Final Plat Review
and the City Engineer's review of all required infrastructure proposed and
approved 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 in Article 8 of
this UDO.
3) Recordation
The Final Plat shall be recorded in the Office of the County Clerk of the county
in which the plat is located when all requirements and conditions have been
met including a favorable action taken by the Planning and Zoning
Commission.
2. Minor and Amending Subdivision Plat Review
Review and Action by Administrator.
The plat shall be reviewed by the Administrator for compliance to all applicable
requirements of this UDO and the following:
1) Consideration of the approval, approval with conditions, or recommended
denial of the plat by the Development Engineer usually within fifteen (15) days
of filing a Minor or Amending Plat;
2) The Administrator shall approve, approve with conditions, or forward the plat
to the Planning and Zoning Commission;
3) If forwarded to the Planning and Zoning Commission, the Commission shall
approve, disapprove, or conditionally approve the plat; and
4) A report shall be made to the Commission at each meeting notifying the
Commission of any Amending Plats, Minor Plats, or Replats that were approved
by the Administrator since the last Commission meeting.
Final Acceptance, Certification and Recordation
If favorable final action has been taken by the Administrator or the Planning and
Zoning Commission, as applicable, and when all requirements and conditions have
been met, the plat shall be finally accepted, certified, and processed and recorded
in the same manner as for Final Plats set forth in this Section.
3. Development Plat Review
ORDINANCE NO. 315y Page 17
a. Review and Report by Administrator
The Administrator shall review the Development Plat application for compliance
with the City's Comprehensive Plan and the provisions of this UDO. The applicant
will be advised of the date set for Planning and Zoning Commission consideration.
the Administrator shall recommend approval, approval with conditions, or
disapproval of the same.
b. Review and Action by Planning and Zoning Commission
The Planning and Zoning Commission shall approve a Development Plat if the Plat
conforms to:
1) The City's Comprehensive Plan;
Z) The provisions of this UDO and other applicable plans, rules, and ordinances
concerning its zoning designations, current and future streets, sidewalks,
alleys, parks, playgrounds, and public utility facilities;
3) The City's ordinances and regulations with regard to the extension of the City
or the extension, improvement, or widening of its roads, streets, and public
highways within the City and in its extraterritorial jurisdiction (ETJ), taking into
account access to and extension of sewer and water mains and the
instrumentalities of public utilities; and
4) Any other applicable plans, rules, or ordinances of the City.
Final Acceptance, Certification and Recordation
If favorable final action has been taken by the Planning and Zoning Commission,
and when all requirements and conditions have been met, the plat shall be finally
accepted, certified, and processed and recorded in the same manner as for Final
Plats set forth in this Section.
E. 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.
F. Platting in Planned Development Districts (PDD and P -MUD)
If the subject property is zoned as a Planned Development District (PDD) or Planned Mixed -
Use District (P -MUD), 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. The Administrator shall determine the
specific standards that comply with the general modifications of the subdivision standards at
the time a plat is approved. The applicant or the Administrator may have the City Council
determine the specific standards that comply with the approved Concept Plan.
G. Platting in the Extraterritorial Jurisdiction
The City of College Station has entered into one 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 of the City, and the provisions of this
Section are subject to the terms and 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.
H. Failure to Obtain Plat Approval
1. If plat approval is required for the subdivision of property or development of property and
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 ETJ of the City of
College Station at the Office of the County Clerk unless the same bears the
ORDINANCE NO. 315H
Page 18
endorsement and approval of the Planning and Zoning Commission, the
Administrator, or bears a valid certificate of No Action Taken as provided for in 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 such resolution under the corporate seal of the City to be recorded in the Deed
Records of the County.
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 stating that the property is no longer in violation.
ORDINANCE NO. 315H
3.4 Concept Plan Review (PDD and P -MUD Districts)
A. Applicability
A Concept Plan shall be required for all proposed Planned
Development District (PDD) or Planned Mixed -Use District (P-
MUD) rezonings.
Per Ordinance No. 2981 (May 24, 2007)
B. Application Requirements
A complete application for a Concept Plan shall be submitted to
the Administrator with a PDD or P -MUD rezoning application as
set forth in the General Approval Procedures Section in Article 3
of this UDO, unless otherwise specified in this Section.
Per Ordinance No. 2981 (May 24, 2007)
C. Concept Plan Approval Process
Page 19
Preapplication
Conference
Application
Submittal
Staff
Review
Completeness
Review
I( Parks & Recreation
Board
l
I Planning & Zoning I
I l Commission J
1. Preapplication Conference
Prior to submitting a Concept Plan, applicants are
encouraged to schedule and attend an optional
lication conference in accordance with and for the city
p rea pp Council
purposes as set forth elsewhere in this UDO for < >
preapplication conferences.
2. Review and Report by the Parks and Recreation
Advisory Board
If the proposed area involves any required or voluntary parkland dedication, the
Concept Plan must be reviewed by the Parks and Recreation Advisory Board. Parks and
Recreation Advisory Board recommendations shall be forwarded to the City Council.
3. Review and Report by the Greenways Program Manager
If the proposed area includes a greenway dedication as shown on the Greenways
Master Plan, or if the applicant is proposing greenway dedication or voluntary sale, the
Concept Plan must be reviewed by the Greenways Program Manager. The Greenways
Program Manager's recommendation shall be forwarded to the City Council.
4. Review and Recommendation by the Administrator
The Administrator shall review the Concept Plan and recommend approval, approval
with conditions, or disapproval of the same.
5. Review and Recommendation by the Planning and Zoning Commission
The Planning & Zoning Commission shall review the Concept Plan and recommend to
the City Council approval, approval with conditions, or disapproval of the same.
6. City Council Final Action
The City Council shall review the Concept Plan and approve, approve with conditions, or
disapprove.
Per Ordinance No. 2981 (May 24, 2007)
D. Concept Plan Requirements
A Concept Plan shall not be considered or reviewed as a complete site plan application. The
Concept Plan for the proposed development shall include the following:
1. A general plan showing the location and relationship of the various land uses permitted
in the development;
2. A range of proposed building heights;
3. A written statement addressing the drainage development of the site;
ORDINANCE NO. 315y
Page 20
4. The general location of detention /retention ponds and other major drainage structures;
5. A list of general bulk or dimensional variations sought;
6. If general bulk or dimensional variations are sought, provide a list of community
benefits and /or innovative design concepts to justify the request;
7. The general location of building and parking areas;
Per Ordinance No. 2981 (May 24, 2007)
S. Open spaces, parkland, conservation areas, greenways, parks, trails and other special
features of the development; and
9. Buffer areas or a statement indicating buffering proposed.
E. Review Criteria
The Administrator and Planning and Zoning Commission shall recommend approval and the
City Council may approve a Concept Plan if it finds that the Plan meets the following criteria:
1. The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area;
2. The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with
the intent and purpose of this Section;
3. The proposal is compatible with existing or permitted uses on abutting sites and will not
adversely affect adjacent development;
4. Every dwelling unit need not front on a public street but shall have access to a public
street directly or via a court, walkway, public area, or area owned by a homeowners
association;
S. The development includes provision of adequate public improvements, including, but
not limited to, parks, schools, and other public facilities;
6. The development will not be detrimental to the public health, safety, welfare, or
materially injurious to properties or improvements in the vicinity; and
7. The development will not adversely affect the safety and convenience of vehicular,
bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to
be generated by the proposed use and other uses reasonably anticipated in the area
considering existing zoning and land uses in the area.
Per Ordinance No. 2981 (May 24, 2007)
F. Minimum Requirements
Unless otherwise indicated in the approved concept plan, the minimum requirements for each
development shall be those stated in this UDO for subdivisions and the requirements of the
most restrictive standard zoning district in which designated uses are permitted. Modification
of these standards may be considered during the approval process of the Concept Plan. If
modification of these standards is granted with the Concept Plan, the Administrator will
determine the specific minimum requirements.
G. Compliance with Other Regulations
The approval of a Concept Plan shall not relieve the developer from responsibility for
complying with all other applicable sections of this UDO and other codes and ordinances of
the City of College Station unless such relief is granted in the approved concept plan.
H. Owners Association Required
An owners' association will be required if other satisfactory arrangements have not been
made for providing, operating, and maintaining common facilities including streets, drives,
service and parking areas, common open spaces, buffer areas, and common recreational
areas at the time the development plan is submitted. If an owners' association is required,
documentation must be submitted to the City at the time of platting to assure compliance
with the provisions of this UDO.
ORDINANCE NO. 3154
Page 21
I. Modifications
Any deviations from the approved Concept Plan shall require City Council approval except as
provided for below.
Per Ordinance No. 2981 (May 24, 2007)
J. Minor Amendment to Concept Plan
Minor additions and modifications to the approved Concept Plan meeting the criteria below
may be approved by the Administrator:
1. Minor additions to structures as determined by the Administrator;
2. Minor new accessory structures if the location does not interfere with existing site
layout (e.g., circulation, parking, loading, storm water management facilities, open
space, landscaping, buffering);
3. Minor additions to parking lots;
4. Clearing or grading of areas not depicted on the concept plan as a conservation area,
greenway, or park; and
5. Final determination of the specific meritorious modifications such as setbacks, lot size,
dimensional standards, etc., granted generally as part of the Concept Plan.
Per Ordinance No. 2981 (May 24, 2007)
3.5 Site Plan Review
Preapplication
Conference
A. Applicability
1. Prior to development of any use or structure other than
single - family (excluding Manufactured Home Parks),
duplex, or townhouse residential development, a site plan
shall be approved by the City in accordance with this
Section.
2. No development described in paragraph 1 above shall be
lawful or permitted to proceed without final site plan
I se
approval. A site plan approved as part of a conditional use
permit shall be considered a site plan approval.
3. If the subject property is zoned as a Planned Development
District (PDD) or Planned Mixed -Use District (P -MUD), the
City Council may approve a Concept Plan that provides for
general modifications to the site development standards.
The general modifications shall be indicated on the
approved Concept Plan. The Administrator shall determine
the specific standards that comply with the general modifications of the site
development requirements at the time a site plan is approved.
The applicant or the
Administrator may have the City Council determine the specific standards that comply
with the approved Concept Plan.
Per Ordinance No. 2981 (May 24, 2007)
B. General Requirements
All improvements reflected on approved site plans must be constructed at the time of
development. All terms and conditions of site plan approval must be met at the time of
development.
C. Application Requirements
A complete application for site plan approval shall be submitted to the Administrator as set
forth in the General Approval Procedures Section in Article 3 in this UDO. The application
shall include a landscape plan illustrating compliance with the requirements of the
Landscaping and Tree Protection Section in Article 7 of this UDO. Where applicable, applicants
shall submit information, documents, and materials required in the Non - Residential
Architectural Standards Section and Traffic Impact Analyses Section in Article 7 of this UDO.
ORDINANCE NO. 315L4
Page 22
D. Site Plan Approval Process
Site plan review applications shall be processed in accordance with the following
requirements:
1. Preapplication Conference
Prior to the submission of an application for site plan approval, 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.
2. Final Action by the Administrator
If the proposed site plan is determined to be consistent with all applicable provisions of
this UDO, the Administrator shall approve or conditionally approve the site plan. A
determination that all such requirements and provisions have not been satisfied shall
result in disapproval of the site plan and notice of such disapproval shall be given to the
applicant in writing. Conditional approval must entail corrections or changes that are
ministerial and explicitly spelled out.
E. Site Plan Review Criteria
The Administrator may request changes to the site plan to accomplish the following
requirements. In order to be approved, a site plan must provide for:
1. Safe and convenient traffic control, handling, and vehicle queuing;
2. Assured pedestrian safety which may include the provision of sidewalks along the
perimeter of the property;
3. Efficient and economic public utilities;
4. Public road or street access;
S. Safe and efficient internal access including public, private, or emergency;
6. Adequate parking and maneuvering areas;
7. Noise and emission control or dispersion that complies with Chapter 7, Health and
Sanitation, of the City's Code of Ordinances;
S. Runoff, drainage, and flood control;
9. Visual screening of areas offensive to the public or adjacent developments such as
detention areas, retaining walls, utilities and solid waste facilities;
10. Compliance with standards, guidelines, and policies of the City's adopted Streetscape
Plan referenced in Article 8, Subdivision Design and Improvements;
11. Clear indication of what constitutes the building plot for purposes of signage; and
12. Location and density of buildings or dwellings where topography or characteristics of
the site compel a lower density than would otherwise be allowed, or require location
consistent with accepted engineering practices and principles.
F. Appeal
Appeals of site plans denied by the Administrator where the denial was based upon or
condition imposed to assure compliance with the Site Plan Review Criteria described above,
shall be submitted to the Design Review Board within thirty (30) days of the decision. If no
appeal is filed within thirty (30) days, the decision shall be final.
The Design Review Board shall have the same authority as the Administrator in reviewing the
site plan and taking final action. The Board may impose reasonable site - related conditions to
mitigate the impacts of the development; however, they shall not impose architectural
changes unless otherwise provided for in this UDO.
ORDINANCE NO. 315H
3.6 Wolf Pen Creek Design District Site Plan Review
A. Applicability
1. Design District
Prior to any development in the Wolf Pen Creek district
(WPC) excluding minor additions such as storage
buildings, fencing and the like, an applicant must obtain
design district site plan approval under this Section.
In reviewing a project, the Design Review Board may
require traffic and parking impact studies, a review of
existing occupancy, and other reasonable data to
determine the impact of the project.
Per Ordinance No. 2881 (March 232006)
2. Design District Site Plan Review Required
No private development shall be lawful or permitted to
proceed without final design district site plan approval.
Minor additions may be approved by the Administrator.
Design district site plan approval shall be required for all
conditional use permit.
3. General Requirements
Page 23
Preapplication
Conference
Application
Submittal
Staff
Review
Completeness
Review
Design
Review
Board
site plans as part of a
a. All improvements reflected on approved site plans must be constructed at the time
of development.
b. All associated rehabilitation, fagade work, and other construction must be
conducted subsequent to and in compliance with approved elevations, colors, and
materials. Such review may take place concurrent with the site plan review, or
may take place separately, as provided in Section 3.8, Development Permit.
C. All terms and conditions of site plan approval must be met at the time of
development.
B. Application Requirements
A complete application for site plan approval shall be submitted to the Administrator as set
forth in the General Approval Procedures Section in Article 3 of this LIDO. The application
shall include a landscaping plan illustrative compliance with the requirements of the
Landscaping and Tree Protection Section in Article 7 of this LIDO. Where applicable, applicants
shall submit information, documents, and materials required in the Non - Residential
Architectural Standards Section and Traffic Impact Analyses Section in Article 7 of this LIDO.
Per Ordinance No. 2881 (March 23, 2006)
C. Wolf Pen Creek Design District Site Plan Approval Process
Wolf Pen Creek district site plan review applications shall be processed in accordance with the
following requirements:
1. Preapplication Conference
Prior to the submission of an application for design district site plan approval,
applicants are encouraged to schedule and attend an optional preapplication conference
in accordance with and for the purposes as set forth elsewhere in this LIDO for
preapplication conferences.
2. Review and Report by the Administrator
If the proposed design district site plan is determined to be consistent with all
applicable provisions of this LIDO, the City's Comprehensive Plan, and the Wolf Pen
Creek Master Plan, or if the plan is recommended for denial or conditional approval, the
ORDINANCE NO. 31 S LA
Page 24
Administrator shall report such consistency, inconsistency, or proposed conditions to
the Design Review Board.
3. Review by the Design Review Board
The Design Review Board shall review the design district site plan in a public meeting
and may approve, approve with conditions or deny the application. Notice shall be
provided by publication of the agenda of the meeting.
4. Final Action by the Design Review Board
If the proposed site plan is determined to be consistent with all applicable provisions of
this LIDO, including the applicable district provisions of the Design Districts Section in
Article 5 of this LIDO, and the review criteria below, the Design Review Board shall
approve the design district site plan. A determination that all such requirements and
provisions have not been satisfied shall result in disapproval of the site plan.
Per Ordinance No. 2881 (March 23, 2006)
D. Design District Minor Additions Approval Process
Minor additions to a site are accessory buildings and structures, change of solid waste
disposal location, painting, and landscaping. All site plan review applications for minor
additions shall be processed in accordance with the following requirements:
1. Review by the Administrator
The Administrator shall review the design district site plan for minor additions and may
approve, approve with conditions, or deny the site plan. The Administrator may also
forward the site plan to the Design Review Board for any reason.
2. Final Action by the Administrator
If the proposed site plan is determined to be consistent with all applicable provisions of
this LIDO, the City's Comprehensive Plan, and the Wolf Pen Creek Master Plan, including
the applicable district provisions of the Design Districts Section in Article 5 of this LIDO,
and the review criteria below, the Administrator shall approve the design district site
plan. A determination that all such requirements and provisions have not been
satisfied shall result in disapproval of the site plan.
Per Ordinance No. 2881 (March 23, 2006)
E. General Site Plan Review Criteria
In order to be approved, a site plan must provide for:
1. Safe and convenient traffic control, handling, and vehicle queuing;
2. Assured pedestrian safety which may include the provision of sidewalks along the
perimeter of the property meeting the specifications for same as outlined in Article 8,
Subdivision Design and Improvements, relative to width and placement;
3. Efficient and economic public utility and sanitation access;
4. Public road or street access;
S. Satisfactory internal access including public, private, and emergency;
6. Adequate parking and maneuvering areas;
7. Noise and emission control or dispersion that complies with Chapter 7, Health and
Sanitation, of the City's Code of Ordinances;
8. Visual screening of trash receptacles or other areas offensive to the public or existing
adjacent development;
9. Runoff, drainage, and flood control;
10. Visual screening from the right -of -way of parking lots;
11. Compliance with standards, guidelines, and policies of the City's adopted Streetscape
Plan; and
ORDINANCE NO. 3 154
Page 25
12. Determination and clear indication of what constitutes the building plot for purposes of
this LIDO.
F. Additional Review Criteria for the WPC District
The following standards, which affect the appearance of a development, shall govern the
evaluation of a design submission in the WPC district:
1. Conformance to the City's Comprehensive Plan;
2. Exterior space utilization;
3. Material selection;
4. Compatibility with existing development in the design district;
S. Vehicular, pedestrian, and bicycle circulation;
6. Building location and orientation; and
7. Specific standards listed in the Design Districts Section in Article 5 of this LIDO.
3.7 Wolf Pen Creek Design District Building and Sign Review
B. Application
A complete application for building or sign review in a design district shall be submitted to the
Administrator as set forth in the General Approval Procedures Section in Article 3 of this LIDO.
C. Final Action by Design Review Board
1. Public Meeting
The Design Review Board shall conduct design district review in a public meeting.
Notice shall be provided by publication of the agenda of the meeting.
2. Design Review
The Board shall apply the standards for the applicable district as set forth in the Design
Districts Section in Article 5 of this LIDO. In considering such matters, the Design
Review Board may rely on special area plans or studies adopted by the City Council.
Per Ordinance No. 2881 (March 23, 2006)
3. Written Decision
If approval is granted, the decision shall be communicated in writing to the applicant.
Application
A. Applicability
submittal
1. In the Wolf Pen Creek district (WPC), all substantial
maintenance (including but not limited to rehabilitation,
fagade work, and, change or exterior materials or other
construction, including the replacement r lacement alteration of
signs) shall be subject to the WPC district building and sign
review process.
tDesign
Per Ordinance No. 2881 (March 23, 2006)
2. Minor additions to a site (accessory buildings and structures,
change p painting, a of solid waste disposal location g, and
landscaping) shall be reviewed by the Administrator.
B. Application
A complete application for building or sign review in a design district shall be submitted to the
Administrator as set forth in the General Approval Procedures Section in Article 3 of this LIDO.
C. Final Action by Design Review Board
1. Public Meeting
The Design Review Board shall conduct design district review in a public meeting.
Notice shall be provided by publication of the agenda of the meeting.
2. Design Review
The Board shall apply the standards for the applicable district as set forth in the Design
Districts Section in Article 5 of this LIDO. In considering such matters, the Design
Review Board may rely on special area plans or studies adopted by the City Council.
Per Ordinance No. 2881 (March 23, 2006)
3. Written Decision
If approval is granted, the decision shall be communicated in writing to the applicant.
ORDINANCE NO. 315 y
3.8 Development Permit
A. Applicability
A development permit shall be required prior to any development, as
defined in Article 11, Definitions, to ensure conformance to the
provisions and requirements of this UDO. The following uses are
exempt from the permitting requirements of this Section, but shall
otherwise meet all of the requirements of this UDO and the
Bryan /College Station Unified Design Guidelines, Technical
Specifications and Standard Details and the Drainage and
Stormwater Management Section in Article 7 of this UDO:
Customary and incidental grounds maintenance, landscaping, and
gardening.
1. Drainage - related improvements or modifications by a
homeowner on property used as their principal residence
where that property lies outside of the designated Area of
Special Flood Hazard.
2. Uses by a landowner of their property for bona fide agricultural
purposes.
Per Ordinance No. 2955 (February 8, 2007)
Page 26
Preapplication
Conference
Application
Submittal
taff
Review
Completeness
Review
Development
Engineer
B. Approval Process
Prior to the issuance of a development permit, the following requirements shall be met:
1. Preapplication Conference
A preapplication conference may be held with the Development Engineer, or his
designated representative, if the property contains areas of special flood hazard.
2. Application
A complete application for a development permit shall be submitted to the
Development Engineer as set forth in the General Approval Procedures Section in
Article 3 of this UDO.
3. Review and Action by the Development Engineer
The Development Engineer shall review the required information and application form
and shall take one of the following actions:
a. Approve the development permit;
b. Disapprove the development permit;
C. Approve the development permit with conditions; or
d. Require additional information or an engineering conference with the applicant or
his engineer.
4. Review Criteria
Approval or denial of a development permit by the Development Engineer shall be
based on the following relevant factors:
a. The danger to life or property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The maintenance and operational costs of providing governmental services during
and after flood conditions, including maintenance and repair of streets and
bridges, and public utilities and facilities such as sewer, gas, electrical, and water
systems;
f. The expected heights, velocity, duration, rate of rise, and sediment transport of
ORDINANCE NO.
a
315L1 Page 27
the flood waters, and the effects of wave action, if applicable, expected at the site;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
The barricading of existing trees to remain on the property and count as protected
trees under the Landscaping and Tree Protection Section in Article 7 of this UDO;
and
Compliance with this UDO.
S. Notification of Decision
a. The applicant shall be notified in writing of the action prescribed above. If the
development permit has been disapproved, the specific reasons for disapproval
shall be indicated in the notification. If additional information is required of the
applicant, the specific requirements shall be indicated in the notification. A final
determination of the approval or disapproval of the development permit,
considering the additional information, shall be made and written notification to the
applicant given within ten working days after acceptance of the complete
application.
b. Any proposal which includes areas of special flood hazard within the following
special drainage areas shall receive written notice of approval or disapproval of the
development permit from the Development Engineer within sixty (60) working
days after receipt of the proposal:
1) The entirety of Carter's Creek;
2) The main channel of Lick Creek;
3) Wolf Pen Creek from the Earl Rudder Freeway to the confluence with Carter's
Creek; and
4) The Brazos River.
3.9
Certificate of Appropriateness
A. Applicability
1. Prior to any construction, reconstruction, alteration, restoration,
Application
or rehabilitation of any structure or any property within a
Submittal
Historic Preservation Overlay District, or any material change
in the light fixtures, signs, sidewalks, fences, steps, paving, or
staff
other exterior elements visible from a public right -of -way that
Review
affects the appearance and cohesiveness of any structure or
Completeness
any property within a Historic Preservation Overlay District, an
Review
applicant must obtain a Certificate of Appropriateness in
accordance with this Section.
2. No building permit shall be issued for proposed work within a
Historic Preservation Overlay District until a Certificate of
Appropriateness has first been issued as required by the UDO.
Landmark
Commission
The Certificate of Appropriateness shall be in addition to and
not in lieu of any building permit that may be required by any
other ordinance of the City of College Station.
B. Application Requirements
A complete application for a Certificate of Appropriateness shall be submitted to the
Administrator as set forth in the General Approval Procedures Section in Article 3 of this
UDO. The application shall include, where applicable:
1. Detailed description of proposed work;
2. Proposed building plans (this will not constitute a building plan submittal for review for a
building permit);
3. Landscaping plans showing landscaping features and vegetation species, sizes, and
ORDINANCE NO. 3\5 LA
Page 28
locations;
4. Landscape protection plans;
5. Location and photographs of the property and adjacent properties;
6. Elevation drawings of the proposed changes, if available;
7. Samples of materials to be used;
8. Specifications for architectural features and materials; and
9. Any other information that the Landmark Commission or Historic Preservation Officer
may deem necessary in order to visualize proposed work.
C. Certificate of Appropriateness Approval Process
Certificate of Appropriateness applications shall be processed in accordance with the following
requirements:
1. Preapplication Conference
Prior to the submission of an application for Certificate of Appropriateness, all potential
applicants may request a preapplication conference with the Administrator. The purpose
of the preapplication conference is to respond to any questions that the applicant may
have regarding any application procedures, standards, or regulations required by this
UDO; however, the preapplication conference does not fulfill the requirements for formal
review or submittal as set forth in this UDO.
2. Review and Report by the Historic Preservation Officer
Upon receipt of an application for a Certificate of Appropriateness, the Historic
Preservation Officer shall determine whether the application is to be reviewed under the
Standard Certificate of Appropriateness Review Procedure or the Routine Maintenance
Work Procedure. If the application is to be reviewed under the Standard Certificate of
Appropriateness Review Procedure, the following applies. If the application is to be
reviewed under the Routine Maintenance Work Procedure, the procedure in subsection E.
below will apply.
3. Under the Standard Certificate of Appropriateness Review Procedure, the Historic
Preservation Officer will review the application to determine if the proposed plan is
consistent with all applicable provisions of this UDO and the City's Comprehensive Plan.
The Historic Preservation Officer will forward his report on the application to the
Landmark Commission with a recommendation for approval, denial or conditional
approval.
4. Review by the Landmark Commission
The Landmark Commission shall review the application in a public meeting and may
approve, approve with conditions or deny the application. If the Landmark Commission
requires additional information than that presented at a meeting, a decision may be
postponed until a specified date when the specified information may be provided. Notice
shall be provided by publication of the agenda of the meeting.
5. Final Action by the Landmark Commission
If the application is determined to be consistent with all applicable provisions of this
UDO, including the applicable district provisions of the Historic Preservation Overlay
District Section in Article 5 of this UDO and the review criteria below, the Landmark
Commission shall approve the plan. A determination that all requirements and
provisions have not been satisfied shall result in disapproval of the plan.
D. Criteria for Approval of a Certificate of Appropriateness
The Landmark Commission shall approve a Certificate of Appropriateness if it finds:
I. For Contributing Resources:
a. The proposed work is consistent with The Secretary of the Interior's Standards for
Rehabilitation, The Secretary of the Interior's Guidelines for Rehabilitating Historic
Buildings, Preservation Briefs, and all related interpretative documents published by
the US Department of Interior;
ORDINANCE NO. 31SLA
Page 29
b. The proposed work will not have an adverse effect on the architectural features of
the structure;
c. The proposed work will not have an adverse effect on the Historic Preservation
Overlay district; and
d. The proposed work will not have an adverse effect on the future preservation,
maintenance, and use of the structure or the Historic Preservation Overlay District.
2. For Non - Contributing Resources: the proposed work is compatible with the Historic
Preservation Overlay District.
E. Certificate of Appropriateness Routine Maintenance Work Review Procedure
1. If, upon review of an application for a Certificate of Appropriateness, the Historic
Preservation Officer determines that an applicant is seeking a Certificate of
Appropriateness to authorize only routine maintenance work, the Historic Preservation
Officer shall review the Certificate of Appropriateness application to determine whether
the proposed work complies with the regulations contained in this Section and approve,
approve with conditions, or deny the application. The Historic Preservation Officer may
also forward the application to the Landmark Commission for any reason.
2. Routine Maintenance Work on a property is considered to be:
a. The installation of a chimney located on an accessory building, or on the rear fifty
percent (50 %) of a main building and not part of a corner side fagade;
b. The installation of an awning located on an accessory building, or on the rear fagade
of a primary structure;
c. The installation of a wood or chain link fence that is not painted or stained;
e. The installation of gutters and downspouts of a color that matches or compliments
the dominant trim or roof color;
f. The installation of skylights and solar panels;
g. The installation of storm windows and doors;
j. The restoration of original architectural elements;
3. The applicant may appeal the Historic Preservation Officer's decision by submitting to
the Historic Preservation Officer a written request for appeal within ten (10) calendar
days of the decision. Upon the written request for appeal, the Landmark Commission
will review the application under the Standard Certificate of Appropriateness Review
Procedure.
F. Expiration of Approval
1. For plans that do not require the issuance of a building permit, work to complete the
plans shall commence and be completed within twenty -four (24) months from the date
of approval of the application. The Historic Preservation Officer may authorize a single
extension of a Certification of Appropriateness up to six (6) months upon demonstration
of substantial progress and the lack of changed or changing conditions in the area.
2. For plans that require the issuance of a building permit, if a building permit has not been
issued for the proposed work within twenty -four (24) months from the date of approval
of the application, the Historic Preservation Officer may authorize a single extension of a
Certification of Appropriateness up to six (6) months upon demonstration of the lack of
changed or changing conditions in the area. A Certification of Appropriateness shall be
valid as long as there is a valid building permit.
G. Appeals
An applicant for a Certification of Appropriateness dissatisfied with the action of the
Landmark Commission related to the issuance or denial of a Certification of Appropriateness
shall have the right to appeal to the City Council within ten (10) calendar days after the date
of such action. In considering an appeal, the City Council shall consider the same standards
and evidence that the Landmark Commission was required to consider in making the
decision.
ORDINANCE NO. ,15L4
Page 30
H. Limitation on Reapplication
If a final decision is reached denying a Certificate of Appropriateness, no further applications
may be considered for the subject matter of the denied Certificate of Appropriateness for one
(1) year from the date of the final decision unless the Landmark Commission waives the time
limitation because the Landmark Commission finds that there are changed circumstances
sufficient to warrant a new hearing.
I. Revocation
The Historic Preservation Officer may, in writing, revoke a Certificate of Appropriateness if:
1. The Certificate of Appropriateness was issued on the basis of incorrect information
supplied by the applicant, or
2. The work is not performed in accordance with the Certificate of Appropriateness.
3. Amendment to a Certificate of Appropriateness
A Certificate of Appropriateness may be amended by submitting a new Certificate of
Appropriateness application to the Historic Preservation Officer. The application shall then be
subject to either the Standard Certificate of Appropriateness Review Procedure or the Routine
Maintenance Work Procedure.
K. Ordinary Maintenance
Other than the Routine Maintenance Work listed above, a Certificate of Appropriateness shall
not be required for the ordinary maintenance and repair of any exterior architectural feature
of a property within a Historic Preservation Overlay District which does not involve a change
in design, material, or outward appearance such as:
1. The replacement of a roof of the same or an original material that does not include a
change in color;
2. The application of paint that is the same as the existing;
3. Minor repair using the same material and design as the original;
4. The repair of sidewalks and driveways using the same type and color of materials;
5. The process of cleaning (including but not limited to low- pressure water blasting and
stripping, but excluding sandblasting and high - pressure water blasting); and
6. The painting, replacing, duplicating, or stabilizing deteriorated or damaged non - original
architectural features (including but not limited to roofing, windows, columns, and
siding) in order to maintain the structure and to slow deterioration.
F. Temporary Emergency Repairs
If the Building Official determines that a building or structure in a Historic Preservation
Overlay District poses an immediate threat to persons or property, the Building Official may
take any action authorized under the CITY OF COLLEGE STATION CODE OF
ORDINANCES to make the building or structure safe without the
requirement of a Certification of Appropriateness. The Building Official
shall send a written report of such actions to the Landmark
Commission. Application
Submittal
Per Ordinance No. 3110 (September 11, 2008)
Staff
Review
3.10 Certificate of Demolition Completeness
Review /)
A. Applicability
1. Prior to any demolition or removal of any structure or portion Economic Review
thereof on any property within a Historic Preservation Overlay Panel (when
necessary)
District, an applicant must obtain a Certificate of Demolition in
accordance with this Section.
2. No building permit shall be issued for proposed work within a
Landmark
Commission
ORDINANCE NO. - j 1 S L4
Page 31
Historic Preservation Overlay District until a Certificate of Demolition required by the
UDO has first been issued by the Landmark Commission. The Certificate of Demolition
shall be in addition to, and not in lieu of, any building permit that may be required by
any other ordinance of the City of College Station.
3. No permit for the demolition of a structure or property within a Historic Preservation
Overlay District, including secondary buildings and landscape features, shall be granted
by the Building Official without the review of a completed application for and approval of
a Certificate of Demolition by the Landmark Commission.
B. Application Requirements
A property owner seeking demolition or removal of a structure, including secondary
buildings and landscape features, on a property in a Historic Preservation Overlay District
shall submit a complete application for a Certificate of Demolition to the Administrator as set
forth in the General Approval Procedures Section in Article 3 of this UDO. The application
shall include:
1. An affidavit in which the owner swears or affirms that all information submitted in the
application is true and correct.
2. An indication that the demolition or removal is sought for one or more of the following
reasons:
a. To replace the structure with a new structure that is more appropriate and
compatible with the Historic Preservation Overlay District;
b. No economically viable use of the property exists;
C. The structure poses an imminent threat to public health or safety; or
d. The structure is noncontributing to the Historic Preservation Overlay District
because it is newer than the period of historic significance.
3. An application "To replace the structure with a new structure that is more appropriate
and compatible with the Historic Preservation Overlay District" shall also include:
a. Records depicting the original construction of the structure, including drawings,
pictures, or written descriptions where available;
b. Records depicting the current condition of the structure, including drawings,
pictures, or written descriptions;
c. Any conditions proposed to be placed voluntarily on the new structure that would
mitigate the loss of the structure;
d. Complete architectural drawings of the new structure; and
e. A guarantee agreement between the owner and the City that demonstrates the
owner's intent and financial ability to construct the new structure. The guarantee
must:
i) Contain a statement of intent to construct the proposed structure by a specific
date in accordance with architectural drawings approved by the City through
the Certificate of Appropriateness process;
2) Require the owner or construction contractor to post a performance and
payment bond, letter of credit, escrow agreement, cash deposit, or other
arrangement acceptable to the Administrator to ensure construction of the
new structure; and
3) Be approved as to form by the City Attorney.
4. An application that "No economically viable use of the property exists" shall also include:
a. The past and current uses of the structure and property;
b. The name of the owner.
i) If the owner is a legal entity, the type of entity and states in which it is
registered.
2) The date and price of purchase or other acquisition of the structure and
property, and the party from whom acquired, and the owner's current basis in
the property.
ORDINANCE NO. 3154
Page 32
3) The relationship, if any, between the owner and the party from whom the
structure and property were acquired. (If one or both parties to the
transaction were legal entities, any relationships between the officers and the
board of directors of the entities must be specified.);
4) The assessed value of the structure and property according to the two most
recent tax assessments;
5) The amount of real estate taxes on the structure and property for the previous
two (2) years;
6) The current fair market value of the structure and property as determined by
an independent licensed appraiser;
7) All appraisals obtained by the owner and prospective purchasers within the
previous two (2) years in connection with the potential or actual purchase,
financing, or ownership of the structure and property;
8) All listings of the structure and property for sale or rent within the previous
two (2) years, prices asked, and offers received;
9) A profit and loss statement for the property and structure containing the
annual gross income for the previous two (2) years; itemized expenses
(including operating and maintenance costs) for the previous two (2) years,
including proof that adequate and competent management procedures were
followed; the annual cash flow for the previous two (2) years; and proof that
the owner has made reasonable efforts to obtain a reasonable rate of return
on the owner's investment and labor;
10) A mortgage history of the property during the previous five (5) years,
including the principal balances and interest rates on the mortgages and the
annual debt services on the structure and property;
11) All capital expenditures during the current ownership;
12) Records depicting the current conditions of the structure and property,
including drawings, pictures, or written descriptions;
13) A study of restoration of the structure or property, performed by a licensed
architect, engineer or financial analyst, analyzing the physical feasibility
(including architectural and engineering analyses) and financial feasibility
(including pro forma profit and loss statements for a ten (10) year period,
taking into consideration redevelopment options and all incentives available) of
adaptive use of restoration of the structure and property;
14) Any consideration given by the owner to profitable adaptive uses for the
structure and property;
15) Construction plans for any proposed development or adaptive reuse, including
site plans, floor plans, and elevations;
16) Any conditions proposed to be placed voluntarily on new development that
would mitigate the loss of the structure; and
17) Any other evidence that shows that the affirmative obligation to maintain the
structure or property makes it impossible to realize a reasonable rate of
return.
5. An application to demolish or remove a structure that "Poses an imminent threat to
public health or safety" shall also include:
a. Records depicting the current condition of the structure, including drawings,
pictures, or written descriptions;
b. A study regarding the nature, imminence, and severity of the threat, as performed
by a licensed architect or engineer; and
c. A study regarding both the cost of restoration of the structure and the feasibility
(including architectural and engineering analyses) of restoration of the structure, as
performed by a licensed architect or engineer.
6. An application to demolish or remove a structure that is "Noncontributing to the Historic
Preservation Overlay District because the structure is newer than the period of historic
significance" shall also provide:
ORDINANCE NO. 3 1 5q Page 33
a. Documentation that the structure is noncontributing to the Historic Preservation
Overlay District;
b. Documentation of the age of the structure; and
c. A statement of the purpose of the demolition.
7. Any other evidence the property owner wishes to submit in support of the application.
8. Any other evidence requested by the Landmark Commission or the Historic Preservation
Officer.
C. Certificate of Demolition Approval Process
Certificate of Demolition applications shall be processed in accordance with the following
requirements:
1. Preapplication Conference
Prior to the submission of an application for Certificate of Demolition, all potential
applicants may request a preapplication conference with the Administrator. The purpose
of the preapplication conference is to respond to any questions that the applicant may
have regarding any application procedures, standards, or regulations required by this
UDO; however, the preapplication conference does not fulfill the requirements for formal
review or submittal as set forth in this UDO.
2. Application
When a complete application for a Certificate of Demolition has been submitted to the
City, the application will begin a mandatory sixty (60) day stay of demolition. The
Certificate of Demolition approval process will continue concurrently with the stay of
demolition, but the Landmark Commission shall not take final action before the stay of
demolition has expired.
3. Review and Report by the Historic Preservation Officer
If the application is determined to be consistent with all applicable provisions of this
UDO and the City's Comprehensive Plan, or if the application is recommended for denial
or conditional approval, the Historic Preservation Officer shall report such consistency,
inconsistency, or proposed conditions to the Landmark Commission.
4. Review by an Economic Review Panel
For an application that "No economically viable use of the property exists ", within thirty -
five (35) days after appointment of the Economic Review Panel as provided in the
Landmark Commission Section of Article 2 of this UDO shall review the submitted
documentation; hold a public hearing; consider all options for renovation, adaptive
reuse, and redevelopment; and forward a written recommendation to the Landmark
Commission. The Historic Preservation Officer shall provide administrative support to
the Economic Review Panel. The Economic Review Panel's recommendation shall be
based on the same standard for approval to be used by the Landmark Commission. An
application that no economically viable use of the property exists will not be considered
complete until the Economic Review Panel has made its recommendation to the
Landmark Commission. If the Economic Review Panel is unable to reach a consensus,
the report will indicate the majority and minority recommendations. If the Economic
Review Panel does not meet within thirty -five (35) days after appointment, a
recommendation of no economically viable use of the property will be forwarded to the
Landmark Commission.
S. Review by the Landmark Commission
The Landmark Commission shall review the application for Certificate of Demolition in a
public meeting and may approve, approve with conditions, or deny the application. If
the Landmark Commission requires additional information than that presented at a
meeting, a decision may be postponed until a specified date when the specified
information may be provided. Notice shall be provided by publication of the agenda of
the meeting.
6. Final Action by the Landmark Commission
ORDINANCE NO. 31 jLA
Page 34
If the application is determined to be consistent with all applicable provisions of this
UDO, including the applicable district provisions of the Historic Preservation Overlay
District Section in Article 5 of this UDO, and the review criteria below, the Landmark
Commission shall approve the plan. A determination that all such requirements and
provision have not been satisfied shall result in disapproval of the plan. The property
owner has the burden of proof to establish by clear and convincing evidence the
necessary facts to warrant favorable action by the Landmark Commission.
D. Criteria for Approval of a Certificate of Demolition
In considering an application for a Certificate of Demolition, the Landmark Commission shall
deny the application unless it makes the following findings:
1. The Landmark Commission shall deny an application for a Certificate of Demolition to
replace a structure with a new structure unless it finds that:
a. The new structure is more appropriate and compatible with the Historic Preservation
Overlay District than the structure to be demolished or removed; and
b. The owner has the financial ability and intent to build the new structure. The
Landmark Commission must first approve the Certificate of Appropriateness for the
proposed new structure and the guarantee agreement to construct the new structure
before it may consider the application for a Certificate of Demolition.
2. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure because of no economically viable use of the property unless it finds
that:
a. The structure is incapable of earning a reasonable economic return unless the
demolition or removal is allowed (a reasonable economic return does not have to be
the most profitable return possible);
b. The structure cannot be adapted for any other use, whether by the owner or by a
purchaser, which would result in a reasonable economic return; and
c. The owner has failed during the last two (2) years to find a developer, financier,
purchaser, or tenant that would enable the owner to realize a reasonable economic
return, despite having made substantial ongoing efforts to do so.
3. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure that poses an imminent threat to public health or safety unless it
finds that:
a. The structure constitutes a documented major and imminent threat to public health
and safety;
b. The demolition or removal is required to alleviate the threat to public health and
safety; and
c. There is no reasonable way, other than demolition or removal, to eliminate the
threat in a timely manner.
4. The Landmark Commission shall deny an application for a Certificate of Demolition to
remove a structure that is noncontributing to the Historic Preservation Overlay District
because it is newer than the period of historic significance unless it finds that:
a. The structure is noncontributing to the Historic Preservation Overlay District;
b. - The structure is newer than the period of historic significance for the Historic
Preservation Overlay District; and
c. Demolition of the structure will not adversely affect the historic character of the
property or the integrity of the Historic Preservation Overlay District.
E. Appeals
1. Any interested person may appeal the decision of the Landmark Commission to the City
Council by filing a written notice with the Administrator within ten (10) calendar days
after the decision of the Landmark Commission. If no appeal is made of a decision to
approve a Certificate of Demolition within the ten (10) day period, the Building Official
shall issue the permit to allow demolition or removal. If an appeal is filed, the City
Council shall hear and decide the appeal within sixty -five (65) calendars days of its
filing.
2. In considering an appeal, the City Council shall consider the same standards and
evidence that the Landmark Commission was required to consider in making the
decision.
ORDINANCE NO. 515L4
Page 35
F. Limitation on Reapplication
If a final decision is reached denying a Certificate of Demolition, no further applications may
be considered for the subject matter of the denied Certificate of Demolition for one (1) year
from the date of the final decision unless the Landmark Commission waives the time
limitation because the Landmark Commission finds that there are changed circumstances
sufficient to warrant a new hearing.
G. Expiration of Approval
A Certificate of Demolition expires if the work authorized by the Certificate of Demolition is
not commenced within 180 days from the date of final approval. A final, one -time extension
for the commencement of work of 90 days may be granted by the Administrator upon written
request by the applicant showing circumstances beyond the control of the applicant. If the
Certificate of Demolition expires, a new Certificate of Demolition must first be obtained before
the work can commence.
H. Demolition by Neglect
1. Prohibition
No owner or person with an interest in real property included within a Historic
Preservation Overlay District shall permit the property to fall into a serious state of
disrepair so as to result in the deterioration of any exterior architectural feature or
structural compromise which would, in the judgment of the Landmark Commission,
produce a detrimental effect upon the character of the Historic Preservation Overlay
District as a whole or the life and character of the property itself. Examples of such
deterioration include, but are not limited to:
• Deterioration of the foundation.
• Deterioration of floor supports or the addition of floor supports that are insufficient
to carry the loads imposed.
• Deterioration of walls, windows, doors, or other vertical supports, or the addition of
such supports that are of insufficient size or strength to carry the loads imposed.
• Deterioration of roof or other horizontal members.
• Deterioration of exterior chimneys.
• Deterioration or crumbling of exterior stucco or mortar.
• Ineffective waterproofing of exterior walls, roof, or foundations, including broken
windows or doors.
• Defective weather protection or lack of weather protection for exterior wall
coverings, including lack of paint or other protective coating.
• Any fault, defect, or condition in the structure that renders it structurally unsafe or
not properly watertight.
• Deterioration of any feature so as to create a hazardous condition which could lead
to the claim that demolition is necessary for the public safety.
2. Procedure
a. Purpose
The purpose of the Demolition by Neglect procedure is to allow the Landmark
Commission to work with the property owner to encourage maintenance and
stabilization of the structure and identify resources available before any enforcement
action is taken.
b. Request for investigation
Any interested party may request that the Historic Preservation Officer investigate
whether a property is being Demolished by Neglect.
c. First meeting with the property owner
Upon receipt of a request, the Historic Preservation Officer and City Building Official
shall meet with the property owner or the property owner's agent with control of the
structure to inspect the structure and discuss the resources available for financing
any necessary repairs. After the meeting, the Historic Preservation Officer shall
prepare a report for the Landmark Commission on the condition of the structure, the
repairs needed to maintain and stabilize the structure, any resources available for
financing the repairs, and the amount of time needed to complete the repairs.
d. Certification and notice
ORDINANCE NO. 315 L4 Page 36
After review of the report in a public meeting, the Landmark Commission may vote
to certify the property as a Demolition by Neglect case. If the Landmark
Commission certifies the structure as a Demolition by Neglect case, the Landmark
Commission shall notify the property owner or the property owner's agent with
control over the structure of the repairs that must be made. The notice must
require that repairs be started within thirty (30) days and set a deadline for
completion of the repairs. The notice shall be sent by certified mail.
e. Second meeting with the property owner
the Historic Preservation Officer and the City Building Official shall meet with the
property owner or the property owner's agent with control over the structure at least
within sixty (60) days after the notice was sent to inspect any repairs.
f. Referral for enforcement
If the property owner or the property owner's agent with control over the structure
fails to start repairs by the deadline set in the notice, fails to make continuous
progress toward completion, or fails to complete repairs by the deadline set in the
notice, the Landmark Commission may refer the Demolition by Neglect case to the
City's Code Enforcement Division for appropriate enforcement action to prevent
Demolition by Neglect.
I. Demolition by Condemnation
Reasonable attempts to engage a property owner in a Demolition by Neglect procedure shall
be made when there is concern for the deterioration of a structure, but when a structure or
equipment is found by the City Building Official to be a dangerous structure, the provisions of
the City of College Station Code of Ordinances regulating dangerous structures will apply.
J. Historic Preservation Fund
1. The City of College Station, in cooperation with community organizations, shall develop
appropriate funding structures and shall administer the historic preservation fund.
2. The historic preservation fund is composed of the following funds:
a. Outside funding (other than City general funds or capital funds), such as grants and
donations, made to the City for the purpose of historic preservation and funding
partnerships with community organizations.
b. Damages recovered pursuant to Texas LOCAL GOVERNMENT CODE SECTION 315.006 from
persons who illegally demolish or adversely affect historic structures.
3. The outside funding may be used for financing the following activities:
a. Necessary repairs in Demolition by Neglect cases;
b. Full or partial restoration of low- income residential and nonresidential structures;
c. Full or partial restoration of publicly owned historic structures;
d. Acquisition of historic structures, places, or areas through gift or purchase;
e. Public education of the benefits of historic preservation or the regulations governing
Historic Preservation Overlay Districts; and
f. Identification and cataloging of structures, places, areas, and districts of historical,
cultural, or architectural value along with factual verification of their significance.
4. Damages recovered pursuant to Texas Local Government Code Section 315.006 must be
used only for the following purposes:
a. Construction, using as many of the original materials as possible, of a structure that
is a reasonable facsimile of a demolished historic structure;
b. Restoration, using as many of the original materials as possible, of the historic
structure; and
c. Restoration of another historic structure.
Per Ordinance No. 3110 (September 11, 2008)
(Plgti.n p
Subttal
3.11 Building Permit
staff
A. Building Permit Required Review
No building or other structure shall hereafter be erected, moved, Completeness
added to, structurally altered, repaired, demolished, or occupancy Review
changed without a permit issued by the Building Official except in
conformity with the provisions of this section and the 2003
Building
Official
ORDINANCE NO. - 3 15 LA
Page 37
INTERNATIONAL BUILDING CODE as adopted and amended by the City, unless otherwise provided
for in the CITY OF COLLEGE STATION CODE OF ORDINANCES. No Building Permit issued under the
provisions of this Article for land use or construction in the City shall be considered valid
unless signed by the Building Official.
Per Ordinance No. 3110 (September 11, 2008)
B. Application for Building Permit
1. Applications for Building Permits for single - family, duplex, or townhouse structures shall
be accompanied by one (1) set of complete plans, drawn to scale, showing the actual
dimensions and shape of the lot to be built upon; the exact sizes and locations on the
lot of buildings already existing, if any; and the location and dimensions of the
proposed building or alteration, easements, and required setbacks.
Applications for multi - family and commercial structures shall be accompanied by three
(3) sets of complete plans, drawn to scale, including the approved site plan as required
in the Site Plan Review Section in Article 3 of this UDO.
Additional sets of plans shall be supplied to the Building Official upon request.
2. The application shall include such other information as lawfully may be required by the
Building Official or the Administrator, including existing or proposed building or
alteration; existing or proposed uses of the building and land; the number of families,
housekeeping units, or rental units the building is designed to accommodate; conditions
existing on the lot; and such other matters as may be necessary to determine
conformance with, and provide for the enforcement of, this UDO.
3. One copy of the plans shall be returned to the applicant by the Building Official after it
is marked as either approved, approved with conditions, or disapproved and attested
to same by his signature on such copy. The original copy of the plans, similarly
marked, and the associated site plan shall be retained by the Building Official.
4. Where applicable, applicants shall submit information and materials required in the
Landscaping and Tree Protection Section in Article 7 of this UDO.
5. Where applicable, applicants shall submit information and materials required in the
Non - Residential Architectural Standards Section in Article 7 of this UDO.
C. Review and Recommendation
The Building Official shall review all building permit applications to determine if intended uses,
buildings, or structures comply with all applicable regulations and standards, including this
UDO, and approve or disapprove the same.
D. Review and Action by Building Official
1. The Building Official shall make a final determination of whether the intended uses,
buildings, or structures comply with all applicable regulations, standards, and the
Building Code. The Building Official shall not issue a building permit unless the plans,
specifications, and intended use of such building or structures or parts thereof conform
in all respects to the provisions of this UDO and the Building Code.
2. If the subject property is zoned as a Planned Development District (PDD) or Planned
Mixed -Use District (P -MUD), the City Council may approve a Concept Plan that provides
for general modifications to the site development standards. The general modifications
shall be indicated on the approved Concept Plan. The Administrator shall determine the
specific standards that comply with the general modifications of the site development
requirements at the time of building permit. The applicant or the Administrator may
have the City Council determine the specific standards that comply with the approved
Concept Plan.
Per Ordinance No. 2981 (May 24, 2007)
ORDINANCE NO. 31 SLA
3.12 Certificate of Occupancy
A. Applicability
A Certificate of Occupancy shall be required for any of the following:
1. Occupancy and use of a building hereafter erected or enlarged;
2. Change in use of an existing building to a different Use Category;
3. Any change in a nonconforming use or structure; or
4. As required by the 2003 INTERNATIONAL BUILDING CODE, SECTION 110.
B. Application
Page 38
Once all required building inspections have been reviewed by the Building Official and he
finds no violation of the provisions of the code, the Building Official shall issue a Certificate of
Occupancy for the structure or use.
C. Review and Action by Building Official
Upon the request for a Certificate of Occupancy, the Building Official shall inspect the use or
structure. If the Building Official determines that the use or structure complies with all
applicable provisions of the 2006 INTERNATIONAL BUILDING CODE and this UDO, a Certificate of
Occupancy shall be issued.
D. Temporary Certificate of Occupancy
Pending the issuance of a Certificate of Occupancy, a Temporary Certificate of Occupancy
may be issued by the Building Official. The Temporary Certificate of Occupancy shall be valid
for a period established by the Building Official, pending completion of an addition or during
partial occupancy of a structure and as provided in SECTION 110 OF THE 2006 INTERNATIONAL
BUILDING CODE.
E. Unlawful to Occupy Without Valid Certificate of Occupancy
It is unlawful to occupy any building that does not have a validly issued Certificate of
Occupancy or Temporary Certificate of Occupancy.
Per Ordinance No. 2879 (March 9, 2006)
3.13 Certificate of Completion
A. Applicability
A certificate of completion shall be required for any of the following:
1. Use of a parking lot hereafter constructed or enlarged not in conjunction with a building
or structure;
2. Site changes including but not limited to landscaping, parking lots, fagade changes in a
design district, or a change to an existing site that is not done in conjunction with a
building or structure that requires a building permit; or
3. Site improvements associated with a telecommunications tower.
B. Application
Once all required building inspections have been reviewed by the Building Official and he
finds no violation of the provisions of the code, the Building Official shall issue a Certificate of
Completion for the structure.
C. Review and Action by Building Official
Upon the request for a Certificate of Completion, the Building Official shall inspect the
structure. If the Building Official determines that the structure complies with all applicable
provisions of the INTERNATIONAL BUILDING CODE and this UDO, a Certificate of Completion shall
be issued.
D. Temporary Certificate of Completion
ORDINANCE NO. 3154
Page 39
Pending the issuance of a Certificate of Completion, a Temporary Certificate of Completion
may be issued by the Building Official. The Temporary Certificate of Completion shall be valid
for a period established by the Building Official, pending compliance with approved
development plans.
E. Unlawful to Utilize Without Valid Certificate of Completion
It is unlawful to utilize any structure that does not have a validly issued Certificate of
Completion or Temporary Certificate of Completion.
Per Ordinance No. 2879 (March 9, 2006)
3.14 Sign Permit
Application
A. Sign Permits Required Submittal
1. No sign shall hereafter be installed, erected, moved, added Staff
to, or structurally altered without a permit issued by the Review
Administrator, except in conformity with the provisions of Completeness
this Section, unless he is so directed by the Zoning Board Review
of Adjustment as provided by this LIDO.
2. A permit shall be required for the following:
a. Apartment /condominium /manufactured home park
identification signs; Administrator
b. Attached signs;
C. Development signs;
d. Freestanding signs;
e. Low profile signs;
f. Roof signs; and
g. Subdivision and area identification signs.
3. No permit shall be required for the following signs:
a. Real estate, finance, and construction signs;
b. Directional traffic control signs;
C. Home occupation signs; and
d. Noncommercial signs.
4. It shall be the responsibility of the owner or the leasing agent to assign the available
freestanding or building sign square footage to individual building tenants. In no case
shall this be the responsibility of the Administrator. In no case may the cumulative
total of individual signs for a multi- tenant building exceed the allowable area available
or attached or freestanding signs.
B. Application
A complete application for a sign permit plan shall be submitted to the Building Official as set
forth in the General Approval Procedures Section in Article 3 of this LIDO.
C. Review and Action by the Administrator
The Administrator must review each sign permit application in light of this LIDO and act to
approve, approve with conditions, or deny the permit. The Administrator may grant approval
with conditions only to the extent that such conditions specify the actions necessary to bring
the application into compliance with this LIDO.
D. Maintenance and Repair
1. Cleaning, painting, repainting, and other normal maintenance and repair of a sign shall
not require a permit unless a structural or size change is made. Maintenance includes
replacement of a sign face. Repainting or replacement of materials in the Wolf Pen
Creek district must receive approval of either the Administrator or the Design Review
Board as provided in the Wolf Pen Creek District Building and Sign Review Section in
Article 3 of this LIDO.
ORDINANCE NO. 315LA
Page 40
2. Repair of conforming signs, damaged as a result of accidents or acts of God, shall be
exempt from permit fees when they are being restored to their original condition.
Per Ordinance No. 2881 (March 23, 2006)
3.15 Conditional Use Permit
A. Purpose
B.
C.
Conditional use permit review allows for City Council discretionary
approval of uses with unique or widely- varying operating
characteristics or unusual site development features, subject to
the terms and conditions set forth in this LIDO.
Applicability
Conditional uses are generally compatible with those uses
permitted by right in a zoning district, but require individual review
of their location, design, configuration, density and intensity, and
may require the imposition of additional conditions in order to
ensure the appropriateness and compatibility of the use at a
particular location.
Applications
A complete application for a conditional use permit shall be
submitted to the Administrator as set forth in the General Approval
Procedures Section in Article 3 of this LIDO. A complete site plan
must accompany all applications for a conditional use permit.
D. Approval Process
1. Preapplication Conference
Preapplication
Conference
Application
t \
Submittal
Staff
Review
Completeness
Review
Planning & Zoning
Commission
Prior to the submission of an application for a conditional use permit, applicants are
encouraged to schedule and attend an optional preapplication conference in accordance
with and for the purposes as set forth elsewhere in this LIDO for preapplication
conferences.
2. Review and Report by Administrator
Once the application is complete, the Administrator shall review the proposed
development subject to the criteria enumerated in Section E below, and give a report to
the Planning and Zoning Commission on the date of the scheduled Public Hearing.
3. Planning and Zoning Commission Recommendation
a. Notice
The Planning and Zoning Commission shall publish, post, and mail notice in
accordance with the General Approval Procedures Section in Article 3 of this LIDO.
b. Public Hearing
After review of the conditional use application, subject to the criteria enumerated
in Section E below, the Planning and Zoning Commission shall hold a Public
Hearing and recommend to the City Council such action as the Planning and
Zoning Commission deems proper.
4. City Council Action
a. Notice
The City Council shall publish, post, and mail notice in accordance with the General
Approval Procedures Section in Article 3 of this LIDO.
b. Public Hearing
The City Council shall hold a Public Hearing after review of the conditional use
application, subject to the criteria enumerated in Section E below. With
consideration of the recommendation provided by the Planning and Zoning
ORDINANCE NO. 31 SL4
Page 41
Commission, the City Council shall approve, approve with modifications or
conditions, or disapprove the conditional use application.
E. Conditional Use Review Criteria
The City Council may approve an application for a conditional use where it reasonably
determines that there will be no significant negative impact upon residents of surrounding
property or upon the general public. The City Council shall consider the following criteria in
its review:
1. Purpose and Intent of UDO
The proposed use shall meet the purpose and intent of this LIDO and the use shall meet
all the minimum standards established in this LIDO for this type of use.
2. Consistency with Comprehensive Plan
The proposed use shall be consistent with the development policies and goals and
objectives as embodied in the Comprehensive Plan for development of the City.
3. Compatibility with Surrounding Area
The proposed use shall not be detrimental to the health, welfare, or safety of the
surrounding neighborhood or its occupants, nor be substantially or permanently
injurious to neighboring property.
4. Harmonious with Character of Surrounding Area
The proposed site plan and circulation plan shall be harmonious with the character of
the surrounding area.
S. Infrastructure Impacts Minimized
The proposed use shall not negatively impact existing uses in the area or in the City
through impacts on public infrastructure such as roads, parking facilities, electrical, or
water and sewer systems, or on public services such as police and fire protection, solid
waste collection, or the ability of existing infrastructure and services to adequately
provide services.
6. Effect on Environment
The proposed use shall not negatively impact existing uses in the area or in the City.
F. Additional Conditions
The City Council may impose additional reasonable restrictions or conditions to carry out the
spirit and intent of this LIDO and to mitigate adverse effects of the proposed use. These
requirements may include, but are not limited to, increased open space, loading and parking
requirements, additional landscaping, and additional improvements such as curbing, utilities,
drainage facilities, sidewalks, and screening.
3.16 Written Interpretation
A. Applicability
The Administrator shall have authority to make all written
interpretations concerning the provisions of this LIDO.
B. Request for Interpretation
A request for interpretation shall be submitted to the
Administrator in a form established by the Administrator
and made available to the public. Such request shall only
be made during development review or when a code
enforcement requirement is in question.
Application
Submittal
Staff
Review
Completeness
Review
Administrator
C. Interpretation by Administrator
1. The Administrator shall:
ORDINANCE NO. 5154
Page 42
Review and evaluate the request in light of the text of this UDO, the Official
Zoning Map, the Comprehensive Plan, the Subdivision Regulations, and any other
relevant information;
Consult with other staff, as necessary; and
Render an opinion.
2. The interpretation shall be provided to the applicant in writing.
D. Official Record
The Administrator shall maintain an official record of interpretations. The record of
interpretations shall be available for public inspection during normal business hours.
E. Appeal
Appeals of written interpretations made by the Administrator shall be filed only by a party
affected by the written interpretation with the Zoning Board of Adjustment or for appeals of
written interpretations of the Subdivision Regulations, the Planning and Zoning Commission,
within thirty (30) days of the decision in accordance with the procedures found in the
Administrative Appeals Section in Article 3 of this UDO. If no appeal is filed within thirty (30)
days, the written interpretation shall be final.
3.17 Administrative Adjustment
TReview
A. Purpose
Administrative adjustments are specified deviations from otherwise
applicable development standards where development is proposed that would be:
1. Compatible with surrounding land uses;
2. Harmonious with the public interest; and
3. Consistent with the purposes of this UDO.
B. Applicability
Administrator
The Administrator shall have the authority to authorize adjustments
of up to ten percent (10 %) from any dimensional standards set forth
in the Residential Dimensional Standards, Non - Residential
Dimensional Standards, and Design District Dimensional Standards
Sections in Article 5 of this UDO, and the Off - Street Parking Standards Section in Article 7 of
this UDO. Any adjustment request greater than ten percent (10 %) shall be treated as a
variance handled by the Zoning Board of Adjustment subject to the requirements of the
Variances Section in Article 3 of this UDO.
C. Application
A complete application for an administrative adjustment shall be submitted to the
Administrator as set forth in the General Approval Procedures Section in Article 3 of this UDO.
D. Review and Action by Administrator
The Administrator shall review the application and approve, approve with conditions, or deny
the application based upon the criteria below. A written decision including affirmative
findings on the criteria set forth below shall be sent to the applicant.
E. Administrative Adjustment Criteria
1. To approve an application for an administrative adjustment, the Administrator shall
make an affirmative finding that the following criteria are met:
a. That granting the adjustment will ensure the same general level of land use
compatibility as the otherwise applicable standards;
b. That granting the adjustment will not materially or adversely affect adjacent land
uses or the physical character of uses in the immediate vicinity of the proposed
ORDINANCE NO. 315 1 4 Page 43
C.
development; and
That granting the adjustment will be generally consistent with the purposes and
intent of this UDO.
2. In the event that the Administrator finds that the applicant has not met the above
criteria, the applicant may request that the application be forwarded to the Zoning
Board of Adjustment as a variance request subject to the requirements of the Variances
Section in Article 3 of this LIDO.
3.18 Variance
A
B.
C.
Purpose
The Zoning Board of Adjustment shall have jurisdiction to hear
requests for a variance from the terms of this LIDO. The Zoning
Board of Adjustment shall be authorized to grant a variance from the
terms hereof if, and only if, they find that the strict enforcement of
this LIDO would create a substantial hardship to the applicant by
virtue of unique special conditions not generally found within the
City, and that the granting of the variance would preserve the spirit
and intent of the Ordinance, and would serve the general interests of
the public and the applicant. Variances may be granted only when
in harmony with the general purpose and intent of this UDO so that
public health, safety, and welfare may be secured and substantial
justice done.
Applicability
Application
Submittal
Staff
Review
Completeness
Review
Zoning Board
Of
Adjustment /
The Zoning Board of Adjustment shall have the authority to grant variances from the
standards in this LIDO except for waivers of the standards in Article 8, Subdivision Design and
Improvements, which may be made by the Planning and Zoning Commission during the
subdivision process and requests for relief from a site plan requirement imposed by the
Administrator when the requirement was necessary to gain compliance with the criteria for
approval of a site plan in the Site Plan Review Section in Article 3 of this LIDO, which may be
made by the Design Review Board. Any variance request up to ten percent (10 %) may be
treated as an Administrative Adjustment subject to the requirements of the Administrative
Adjustment Section in Article 3 of this UDO.
Application
A complete application for a variance shall be submitted to the Administrator as set forth in
the General Approval Procedures Section in Article 3 of this LIDO.
D. Action by the Zoning Board of Adjustment
1. Public Hearing
Following notice in accordance with the General Approval Procedures Section in Article
3 of this LIDO, the Zoning Board of Adjustment shall hold a public hearing.
2. Variance Review
Upon completion of the public hearing and after review of the variance application
subject to the criteria listed in Section E below, the Zoning Board of Adjustment shall
make a written finding and give its approval, approval with limitations, or disapproval
of the variance.
E. Criteria for Approval of Variance
1. Required Findings
The Zoning Board of Adjustment may authorize a variance from the requirements of
this LIDO when an unnecessary hardship would result from the strict enforcement of
this LIDO. In granting a variance, the Zoning Board of Adjustment shall prescribe only
ORDINANCE NO. 3154
Page 44
limitations that it deems not prejudicial to the public interest. In making the required
findings, the Zoning Board of Adjustment shall take into account the nature of the
proposed use of the land involved, the existing use of land in the vicinity, the possibility
that a nuisance will be created, and the probable effect of such variance upon traffic
conditions and upon public health, convenience, and welfare of the vicinity. No
variance shall be granted unless the Board makes affirmative findings in regard to all of
the following criteria:
a. Extraordinary Conditions
That there are extraordinary or special conditions affecting the land involved such
that strict application of the provisions of this UDO will deprive the applicant of the
reasonable use of his land. For example, the variance is justified because of
topographic or other special conditions unique to the property and development
involved, in contradistinction to the mere inconvenience or financial disadvantage.
b. Enjoyment of a Substantial Property Right
That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant.
c. Substantial detriment
That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or injurious to other property in the area, or to the City in
administering this UDO.
d. Subdivision
That the granting of the variance will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of this UDO.
e. Flood Hazard Protection
That the granting of the variance will not have the effect of preventing flood
hazard protection in accordance with Article 8, Subdivision Design and
Improvements.
f. Other Property
That these conditions do not generally apply to other property in the vicinity.
g. Hardships
That the hardship is not the result of the applicant's own actions.
h. Comprehensive Plan
That the granting of the variance would not substantially conflict with the
Comprehensive Plan and the purposes of this UDO.
Utilization
That because of these conditions, the application of the UDO to the particular piece
of property would effectively prohibit or unreasonably restrict the utilization of the
property.
2. Limitations
The Zoning Board of Adjustment may not grant a variance where the effect would be
any of the following:
a. To allow the establishment of a use not otherwise permitted in the applicable
zoning district;
b. To increase the density of a use, above that permitted by the applicable district;
c. To extend physically a nonconforming use of land; or
d. To change the zoning district boundaries shown on the Official Zoning Map.
3. Profitability Not to Be Considered
The fact that property may be utilized more profitably should a variance be granted
may not be considered grounds for a variance.
ORDINANCE NO. 315 LA
3.19 Administrative Appeal
Page 45
Application
Submittal
A. Applicability Staff
1. Appeals to the Zoning Board of Adjustment may be taken Review
by any person aggrieved by, or any officer or department Completeness
affected by, specific points found in any of the following Review
final decisions of the Administrator:
a. Written interpretations of the text of this LIDO; or
b. Denial of Building Permit or site plan based on
interpretation of Article 7, General Development
Standards. Zoning Board of
Adjustment
2. Appeals to the Planning and Zoning Commission may be or
taken by any person aggrieved by, or any officer or Planning &Zoning
Commission
department affected by specific points found in the
Administrator's written interpretations of the text of the
Subdivision Regulations.
B. Effect of Appeal
An appeal to the ZBA stays all legal proceedings in furtherance of the action appealed from,
unless the Administrator from whom the appeal is taken certifies to the Zoning Board of
Adjustment after the notice of appeal shall have been filed with him, that by reason of facts
stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board or by a Court of record on application, on notices to the officer
from whom the appeal is taken, and on due cause shown.
C. Deadline for Submission of Application
An appeal from any final decision of the Administrator or Director of Planning and
Development Services shall be filed with the Administrator within thirty (30) days of receipt
of the decision. If no appeal is filed within thirty (30) days, the decision shall be final.
D. Application
A complete application for an administrative appeal shall be submitted to the Administrator
as set forth in the General Approval Procedures Section in Article 3 of this LIDO.
E. Record of Administrative Decision
The Administrator shall forthwith transmit to the Zoning Board of Adjustment or the Planning
and Zoning Commission, as appropriate, all the papers constituting the record of the action
appealed.
F. Hearing
The Zoning Board of Adjustment or Planning and Zoning Commission, as appropriate, shall
hear the appeal within sixty (60) days of the date of the appeal application or such extension
as requested by the applicant or Administrator, give public notice as set forth in the General
Approval Procedures Section in Article 3 of this LIDO, as well as due notice to the parties in
interest, and decide the same within a reasonable time.
G. Final Action by Zoning Board of Adjustment or Planning and Zoning Commission
The Zoning Board of Adjustment or Planning and Zoning Commission, as appropriate, may
only consider the specific interpretive language of the Administrator and may reverse or
affirm wholly or partly, or may modify the interpretation appealed from. In any case, the
Board or Commission shall only present findings regarding specific errors made in the
Administrator's interpretation.
ORDINANCE NO. 315y
3.20 Text Amendment
A. Purpose
For the purpose of establishing and maintaining sound, stable,
and desirable development within the territorial limits of the
City, the text of this UDO may be altered from time -to -time.
B. Initiation of Amendments
An amendment to the text of this UDO may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission; or
3. The Administrator.
C. Approval Process
Page 46
1. Review and Report by Administrator
The Administrator shall review the proposed text amendment in light of the
Comprehensive Plan and give a report to the Planning and Zoning Commission.
2. Referral To Planning and Zoning Commission
The Administrator shall refer the same to the Planning and Zoning Commission for
study, hearing, and report. The Planning and Zoning Commission may direct staff to
proceed with drafting the amendment and scheduling the necessary public hearings,
forward the proposed text amendment to City Council for direction, or determine not to
pursue the proposed amendment. The City Council may not enact the proposed text
amendment until the Planning and Zoning Commission makes its report to the City
Council.
3. Recommendation by Planning and Zoning Commission
a. Notice
The Administrator shall publish and post public notice in accordance with the
General Approval Procedures Section in Article 3 of this UDO, and shall
recommend to the City Council such action as the Commission deems proper.
b. Public Hearing
A public hearing shall be held by the Planning and Zoning Commission before
making a recommendation to the City Council.
4. City Council Action
a. Notice
The Administrator shall publish and post notices in
accordance with the General Approval Procedures
Section in Article 3 of this UDO, before taking final
action on the amendment.
b. Public Hearing
The City Council shall hold a public hearing and
approve, approve with modifications or conditions, or
disapprove the text amendment.
3.21 Comprehensive Plan Amendment
A. Purpose
For the purpose of establishing and maintaining sound, stable,
and desirable development within the territorial limits of the
City, the Comprehensive Plan, including specifically, the Land
Application
Submittal
Staff
Review
Completeness
Review
Planning & Zoning I
Commission J
Preparation of
Amendment
Planning
& Zoning
Commission
1. Review and Report by Administrator
The Administrator shall review the proposed text amendment in light of the
Comprehensive Plan and give a report to the Planning and Zoning Commission.
2. Referral To Planning and Zoning Commission
The Administrator shall refer the same to the Planning and Zoning Commission for
study, hearing, and report. The Planning and Zoning Commission may direct staff to
proceed with drafting the amendment and scheduling the necessary public hearings,
forward the proposed text amendment to City Council for direction, or determine not to
pursue the proposed amendment. The City Council may not enact the proposed text
amendment until the Planning and Zoning Commission makes its report to the City
Council.
3. Recommendation by Planning and Zoning Commission
a. Notice
The Administrator shall publish and post public notice in accordance with the
General Approval Procedures Section in Article 3 of this UDO, and shall
recommend to the City Council such action as the Commission deems proper.
b. Public Hearing
A public hearing shall be held by the Planning and Zoning Commission before
making a recommendation to the City Council.
4. City Council Action
a. Notice
The Administrator shall publish and post notices in
accordance with the General Approval Procedures
Section in Article 3 of this UDO, before taking final
action on the amendment.
b. Public Hearing
The City Council shall hold a public hearing and
approve, approve with modifications or conditions, or
disapprove the text amendment.
3.21 Comprehensive Plan Amendment
A. Purpose
For the purpose of establishing and maintaining sound, stable,
and desirable development within the territorial limits of the
City, the Comprehensive Plan, including specifically, the Land
Application
Submittal
Staff
Review
Completeness
Review
Planning & Zoning I
Commission J
ORDINANCE NO. -:� 15y
Page 47
Use Plan and the Thoroughfare Plan, shall be amended only based upon changed or changing
conditions in a particular area or in the City.
B. Initiation of Amendment
An amendment 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 Comprehensive Plan amendment shall be submitted to the
Administrator as set forth in the General Approval Procedures Section in Article 3 of this LIDO.
D. Approval Process
1. Review and Report by Administrator
Once the application is complete, the Administrator shall review the proposed
amendment in light of the remainder of the Comprehensive Plan and conditions in the
City, and give a report to the Commission and Council.
2. Recommendation by Planning and Zoning Commission
a. Notice
The Planning and Zoning Commission shall publish and post public notice in
accordance with the General Approval Procedures Section in Article 3 of this LIDO,
and shall recommend to the City Council such action as the Commission deems
proper.
b. Public Hearing
A public hearing shall be held by the Planning and Zoning Commission before
making a report to the City Council.
C. Review and Action by Planning and Zoning Commission
The Planning and Zoning Commission shall review the amendment and approve,
approve with conditions, deny, or determine that the proposed development
complies with the Comprehensive Plan and no amendment is required. If the
Commission determines that no amendment is required, the applicant may
proceed with the next step in the development process. No further action by the
City Council is required.
3. City Council Action
a. Notice
The City Council shall publish and post public notice in accordance with the
General Approval Procedures Section in Article 3 of this LIDO, before taking final
action on a petition to amend the Comprehensive Plan.
b. Public Hearing
The City Council shall hold a public hearing and approve, approve with
modifications, or disapprove the application to amend the Comprehensive Plan.
C. Review and Final Action by City Council
The City Council shall review the amendment and approve, approve with
conditions, or deny the application.
E. Limitation on Reapplication
If a petition for a plan amendment is denied by the City Council, another petition for
reclassification of the same property or any portion thereof shall not be considered within a
ORDINANCE NO. 315 4
Page 48
period of one - hundred and eighty (180) days from the date of denial, unless the Planning and
Zoning Commission finds that one 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; or
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; or
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 or
intensities); or
4. The final decision on the application was based on a material mistake of fact.
Part IV
That Chapter 12, "Unified Development Ordinance," Section 5.9 "Single- Family Overlay
District ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by
amending subSection 5.9.D.2.d.3.a to read as follows:
a) Lot size as provided for in the Platting and Replatting in Older Residential
Neighborhoods subsection in Article 8, Subdivision Design and Improvements; or
Part V
That Chapter 12, "Unified Development Ordinance," Article 8 "Subdivision Design and
Improvements ", of the Code of Ordinances of the City of College Station, Texas, is hereby
amended by amending said Article to read as follows:
ORDINANCE NO. - 3\51 Page 49
Article S. Subdivision Design and Improvements
8.1 Purpose
The subdivision of land is a major factor in the process of sound community growth and
ultimately becomes a public responsibility in that the streets must be maintained and various
public services customary to urban areas must be provided. The welfare of the entire
community is thereby affected in many important respects. Therefore, it is to the interest of
the public, to the developer, and to the future landowners, that the subdivisions be conceived,
designed, and developed in accordance with sound rules and proper minimum standards.
These regulations encourage the growth of the City of College Station in an orderly manner.
8.2 General Requirements and Minimum Standards of Design
A. Urban Standards
1. Community Assets
In all subdivisions, due regard shall be shown for all natural features such as
trees, watercourses, historical spots, and similar community assets, which, when
preserved, will add attractiveness and value to the property.
2. Suitability of Lands
The Commission shall not 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 not suitable for platting and
development purposes of the kind proposed. Land subject to flooding and land
deemed to be topographically unsuitable shall not be platted for residential
occupancy, nor for such other uses as may increase danger to health, life, or
property, or aggravate erosion or flood hazard. Such land within the plat shall be
set aside for such uses as shall not be endangered by periodic or occasional
inundation or shall not produce unsatisfactory living conditions.
3. Large Tracts or Parcels
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. If the Comprehensive Plan of the City requires
thoroughfares to cross the subdivision, the right -of -way shall be dedicated to the
public.
4. 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 or other pertinent regulations.
S. Reserved Strips Prohibited
There shall be no reserved strips controlling access to land dedicated or intended
to be dedicated to the public.
6. Standards
All construction on streets, alleys, or easements shall be designed and constructed
in accordance with the Bryan /College Station Unified Design Guidelines and the
Bryan /College Station Unified Technical Specifications and all applicable state and
federal requirements. Where there is a conflict of standards, the more stringent
standard as determined by the City Manager, or his designee, shall apply. The
City shall accept for public use only streets, alleys, water and sewer main
extensions that comply with these standards for construction.
ORDINANCE NO. 31 Sy
7. Streets
a. Street Layout
Page 50
Adequate streets shall be provided by the subdivider such that the
arrangement, character, extent, width, and grade of each shall conform to the
Comprehensive Plan of the City and shall be considered in their relation to
existing and planned streets, to the topographical conditions, to the public
safety and convenience, and to their appropriate relationship to the proposed
use of the land to be served by such streets.
b. Relation to adjoining Street Systems
Where necessary to the neighborhood pattern, existing streets in adjacent or
adjoining areas shall be continued, in alignment therewith. Where adjoining
areas are not subdivided, the arrangement of streets in the subdivision shall
make provision for the proper projection of streets into such areas.
No tract, lot or parcel shall be subdivided unless the required internal street
system adjoins an existing, paved public right -of -way.
C. Street Jogs
Whenever possible, street jogs with center -line offsets of less than one
hundred twenty -five feet (125') shall be avoided.
d. Half Streets
No half streets shall be platted.
e. Dead -end Streets
Dead -end streets shall be prohibited except short stubs to permit extension.
Temporary turnarounds may be required.
f. Cull-de-Sacs
Cul -de -sacs shall have twenty -four (24) or fewer lots, and shall terminate in a
turnaround not less than one hundred feet (100') in diameter, with a
pavement diameter of eighty feet (80').
g. Street Intersections
Acute angles between streets at their intersections are to be avoided.
h. Streets on the Thoroughfare Plan
Where subdivision embraces or is adjacent to a thoroughfare as shown on the
Thoroughfare Plan of the City, such streets shall be platted to maintain
continuity in the approximate location as shown, and of the type indicated. In
certain cases the City may have constructed a street through the area to be
subdivided, in which case the subdivider shall develop the necessary street
intersections at his expense, in accordance with the requirements of this
Section. The Commission may require that, where practical, residential lots
adjacent to arterial and collector be platted or restricted so as to prevent
driveways opening into such streets.
L Local Streets
Local streets shall be laid out to discourage their use of through traffic.
ORDINANCE NO. 3154 Page 51
j. Geometric Standards, Street Design Criteria
Design criteria for urban and rural streets and alleys are contained in the
Bryan /College Station Unified Design Guidelines and the Bryan /College Station
Unified Technical Specifications.
k. Street Names
New streets shall not only be named so as to provide continuity of existing
streets, but shall be named to prevent conflict with identical or similar names
in other parts of the City. New streets shall not be named after any living
person.
S. Alleys
a. Alleys may be required at the rear of all lots intended to be used for business
purposes and may be provided in residential areas.
b. Alleys shall generally be parallel to the street and shall be paved. The right -
of -way for alleys shall be dedicated to the public.
c. 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.
d. Dead -end alleys shall not be permitted, except where the alley is one hundred
feet (100') or less in length.
9. Easements
a. Drainage Easements
Where a subdivision is traversed by a watercourse, drainage way, natural
channel or stream, there may be required a drainage easement or right -of-
way conforming substantially to the limits of such watercourse, plus additional
width to accommodate future needs as determined by the City Engineer. No
construction, including fences, shall impede, constrict, or block the flow of
water in any easement or natural watercourse. Such easement shall not be
considered a part of the lot area for purposes of minimum lot size
requirements of this UDO. Drainage easements may be used for utilities.
b. Utility Easements
1) Each block that does not contain an alley as provided in this Section,
shall have a utility easement at the rear of all lots, reserved for the use
of all utility lines, conduit, and equipment. These utility easements shall
be twenty feet (20') in width, taken ten feet (10') 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) Normal curb section shall be required where utility easements intersect
streets.
3) Where utility easements are not themselves straight within each block,
or if the same do not connect on a straight course with utility easements
of adjoining blocks, then an additional easement shall be provided for
the placement of guy wires on lot division lines in order to support poles
set on curving or deviating rights -of -way or easements.
4) Utility easements may be required across parts of lots other than as
described above upon recommendation of the City Engineer. Where the
proposed subdivision adjoins an unplatted area, the full twenty foot (20')
ORDINANCE NO. 3 I5LA
Page 52
width of easement may be required along the rear of lots adjoining the
unplatted area.
5) Utility easements may be fenced if unlocked gates are provided to allow
free movement of excavating machines, maintenance equipment, and
personnel throughout the full length of the easement.
10. Blocks
a. Blocks generally shall be platted to provide two (2) tiers of lots with a utility
easement or alley between them, with proper regard for drainage channels,
wooded areas and other topographical features lending themselves to
attractive treatment.
b. Block length shall not exceed one thousand two hundred feet (1,200') in
single - family residential areas and shall not exceed eight hundred feet (800')
in other areas. In blocks over eight hundred feet (800') in length, there may
be required, near the center of the block, an access way as hereafter defined.
An access way may be required at the end of a cul -de -sac to facilitate
pedestrian traffic movement.
11. Lots
a. Lot Configuration
1) Side lot lines which make acute angles with front lines shall be avoided
where practical. In general, an arrangement placing adjacent lots at
right angles to each other shall be avoided.
2) Lot size and setback lines shall be in accordance with zoning
requirements. Lots abutting on access ways shall be treated as corner
lots.
b. Platting and Replatting within Older Residential Subdivisions
1) This section applies to all property in which any portion of that property
meets the following criteria:
(a) Any portion of the property is currently zoned or developed for
single family residential uses as of January 1, 2002 with the
exception of NG -1, NG -2, NG -3, NPO, and NCO zoning districts;
and,
(b) The subject property is part of a lot or building plot that was
created 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.
2) In addition to the other provisions of this ordinance, no plat, replat,
vacating and resubdividing plat or other plat intended to provide for the
resubdivision of an existing lot or lots in a residential subdivision may be
approved unless:
(a) The plat does not create an additional lot or building plot.
(b) A plat which does create an additional lot or building plot must
meet or exceed the average width of the lots along the street
frontage, for all lots in the block and contain at least eight -
thousand and five - hundred (8,500) square feet of space for each
dwelling unit.
ORDINANCE NO. 315 LA
Page 53
For the purpose of this section, 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, as of July 15, 1970.
3) It is the applicant's responsibility to provide documentation during the
application process regarding the original plat in which the lot was
created.
C. Lot Line Construction
The following requirements apply to all single - family residential development.
1) Description
A zero lot line development is where houses in a development on a
common street frontage are shifted or offset to one side of their lot.
This provides for greater usable yard space on each lot. These
developments require that planning for all of the house locations be done
at the same time. Zero lot line developments are allowed by right.
Review for compliance with the standards of this Section shall occur
during the subdivision platting process. Restrictions that assure the
minimum distance between houses and any required easements must be
recorded on the plats of the applicable lots. Proof of such recordation
must be submitted as part of the building permit application.
2) Setbacks
The side building setback shall be zero on one 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 project. The
minimum distance between all buildings in the development must be
fifteen feet.
3) Additional Standards
(a) Eaves
Eaves may project a maximum of eighteen (18) inches, excluding
non - combustible gutters, over the adjacent property line.
(b) Maintenance Easement
A maintenance easement shall be dedicated between the two
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.
(c) 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 feet of the property line shall be fire -rated
to meet building code requirements.
d. Cluster Development
1) A cluster development 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 cannot
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
ORDINANCE NO. _j154
4
Page 54
in the same zoning district, but the individual lots within the
development could be smaller than required in a conventional
subdivision. Smaller lot sizes within a cluster development are required
to be offset by a corresponding increase in open space.
2) 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 LIDO.
(a) Where Allowed
Cluster developments are allowed in all zoning districts.
(b) Approval Procedure
Cluster Developments are subject to the subdivision procedures
set forth in herein.
(c) Lot Size
There is no set minimum lot width or depth requirement within a
cluster development; however, the lot size (area) may be reduced
by up to twenty -five percent (25 %) as long as individual lot sizes
are adequate to meet all required density, district, and
development standards.
(d) 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.
(e) Open Space
i. On -Site Open Space
Cluster developments shall be subject to the minimum on -site
open space standards of the base zoning district, if applicable.
ii. Common Open Space
a. Minimum Requirement. 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. Common open space must be provided in an
amount at least equal to the difference between:
i. The actual, average lot area per dwelling unit within
the cluster development; and
ii. The required lot area per dwelling unit for conventional
development within the underlying base zoning
district.
Use of Common Open Space. 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 percent (50 %) of
required common open space be useable recreational
space, if deemed necessary by the Commission to ensure
ORDINANCE NO. 315y Page 55
adequate recreational amenities for residents of the
development.
12. Access Way
Access ways, where required, shall have a ten foot (10') right -of -way, dedicated to
the public. A four foot (4') sidewalk shall be constructed in the center of the right -
of -way conforming to the City Engineering standards.
13. Sidewalks
a. Sidewalks shall be required on both sides of all streets having a right -of -way
width equal to or greater than sixty feet (60'). A sidewalk shall be required on
one (1) side of all streets with a fifty foot (50') right -of -way with the exception
of cul -de -sac streets. A sidewalk may be required on cul -de -sac streets if
needed to provide through pedestrian access. Sidewalks shall be placed within
the right -of -way as determined by the City Engineer and when so specified.
b. The subdivider shall construct all sidewalks according to one of the following
placement alternatives:
1) sidewalks shall be in accordance with the Bryan /College Station Unified
Design Guidelines and the Bryan /College Station Unified Technical
Specifications and all applicable state and federal requirements;
AND
2) the subdivider shall assure that these minimums are sufficient to meet
the anticipated pedestrian demand in the area.
c. Given that a combination or variation from the two placement methods as
described above is necessary or desired or that an obstruction is located within
the paved area, the following criteria must be satisfied.
1) All radii in the transition section must be a minimum of ten feet (10').
2) All transition sections must be approved by the City Engineer.
d. In order to provide safe and adequate access on City sidewalks, all sidewalks
shall meet minimum clear width requirements around all obstructions, natural
or manmade, as described herein. Clear width shall mean the distance as
measured from the outside edge of the obstruction to the outside edge of the
sidewalk or from the inside edge of the obstruction to the inside edge of the
sidewalk. If the clear width is to be obtained between the inside edge of the
sidewalk and the obstruction, given that the sidewalk is placed against the
back of curb, the clear width shall be a minimum of six feet (6). In all other
cases, the minimum clear width shall be four feet (4').
e. All sidewalks must be constructed concurrently with the thoroughfare or, if the
thoroughfare is already constructed, prior to acceptance of any improvements.
f. Exceptions to or partial waiver of the requirements of this Section may be
granted by the Commission when it has been determined that satisfactory
alternative pedestrian ways or pedestrian /bikeways have been or will be
provided outside the normal right -of -way; or that unique circumstances or
unusual topographic, vegetative, or other natural conditions prevail to the
extent that strict adherence to said requirements would be unreasonable and
not consistent with the purposes and goals of this UDO or the Comprehensive
Plan.
ORDINANCE NO. 315L4
14. Bikeways
a. General
Page 56
Bikeways will be required in accordance with the Bikeway Master Plan.
Bikeway facilities are planned and located to integrate with the existing City
street and park system. The facilities are strategically located so as to
minimize their numbers and to provide bikeways to certain areas or
neighborhoods within the City.
b. Types of Bikeways
There are three (3) types of bikeway facilities that shall be utilized. These are
as follows:
1) Bike Path, a facility completely separated from auto traffic and within an
independent right -of -way or within the right -of -way of another facility;
2) Bike Lane, a facility where part of the roadway or shoulder is striped,
signed, and marked for exclusive or preferential bicycle use and where
vehicle parking is not permitted, unless otherwise specified; and
3) Bike Route, a facility designated by signing to help make motorists
aware of the presence of bicycles which share the right -of -way with
motor vehicles.
C. Bikeway Location Criteria
Bikeways shall be located to integrate with the existing City street and park
system. Important criteria used in determining bikeway facility types and
locations are:
1) Safety. Existing street width.
2) Existing and potential demand for use.
3) Continuity and directness.
4) Spacing. Relationship to other bikeway facilities.
5) Location of schools and other public facilities frequented by bicycle
riders.
6) Location of linear parks and greenbelts.
d. 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). 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:
1) Bike Routes
The placement of bike route signing identifies bicycle compatible streets
that will serve as bike routes. Bike route identification and directional
signs shall be located and installed as indicated on the Bikeway Master
Plan.
Bike Routes provide an important function in that they provide for
continuity in the overall bikeway system. Typically most bike routes will
occur on local and collector streets as they are often most compatible for
bicycle use without additional pavement. A minimum of 16 feet outer
lane for collector and arterial streets measured from the outer lane line
to the back of curb shall be required for bike routes. A typical bicycle
compatible street is shown in Figure 1.
ORDINANCE NO. 154
Page 57
Bike route signing should not end at a barrier. Information directing the
bicyclist around the barrier should be provided.
FIGURE 1
BIKE ROUTEIBICYCLE COMPATIBLE STREET
The roadway width, along with factors such as the volume, speed, and
type of traffic; parking conditions; grade; and sight distance should be
considered when determining the feasibility of a bike route. Roadway
improvements, such as safe drainage grates, railroad crossings, smooth
pavements, maintenance schedules, and signals responsive to bicycles,
should always be considered before a roadway is identified as a bike
route.
2) Bike Lanes
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. Two -way
bike lanes are not permitted because:
• They require unconventional turns at intersections,
• They are conducive for bicyclists having to go the "wrong way"
and to weave across traffic to bike in the proper lane, and
• They require that bicyclists travel in a direction opposite the
adjacent auto lane.
Typical bike lane design and layout is illustrated in Figure 2. A one -way
bike lane against the curb requires a minimum of 5 feet (5') measured
from the edge of pavement, not including the gutter. The bike lane shall
be delineated by a continuous painted stripe. The diamond preferential
lane symbol (as designated in MUTCD) shall be located immediately after
each intersection to inform motorists turning of the restricted nature of
the lane.
At intersections, bicyclists proceeding straight and motorists turning
right must cross paths. Striping and signing configurations which
encourage these crossings in advance of the intersection, in a merging
fashion, shall be preferred to those that force the crossing in the
immediate vicinity of the intersection. Typical treatment of bike lanes at
intersections is illustrated in Figures 3 and 4.
Lane Line -one Line
LLLJ
I�A �
7' Min. (May be
reduced in non-
pedestrian areas)
J L�
�ie�
2' Min.
16" Minimdm For Collector
and Arteriol Streets - I
iii n i i ini ii n ni i i in ii ni n n 011111
The roadway width, along with factors such as the volume, speed, and
type of traffic; parking conditions; grade; and sight distance should be
considered when determining the feasibility of a bike route. Roadway
improvements, such as safe drainage grates, railroad crossings, smooth
pavements, maintenance schedules, and signals responsive to bicycles,
should always be considered before a roadway is identified as a bike
route.
2) Bike Lanes
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. Two -way
bike lanes are not permitted because:
• They require unconventional turns at intersections,
• They are conducive for bicyclists having to go the "wrong way"
and to weave across traffic to bike in the proper lane, and
• They require that bicyclists travel in a direction opposite the
adjacent auto lane.
Typical bike lane design and layout is illustrated in Figure 2. A one -way
bike lane against the curb requires a minimum of 5 feet (5') measured
from the edge of pavement, not including the gutter. The bike lane shall
be delineated by a continuous painted stripe. The diamond preferential
lane symbol (as designated in MUTCD) shall be located immediately after
each intersection to inform motorists turning of the restricted nature of
the lane.
At intersections, bicyclists proceeding straight and motorists turning
right must cross paths. Striping and signing configurations which
encourage these crossings in advance of the intersection, in a merging
fashion, shall be preferred to those that force the crossing in the
immediate vicinity of the intersection. Typical treatment of bike lanes at
intersections is illustrated in Figures 3 and 4.
ORDINANCE ]VO. 3 154
Page 58
Adequate pavement surface, bicycles safe grate inlets, safe railroad
crossings, and traffic signals responsive to the bicyclist shall be provided
on roadways where bike lanes are designated. Raised pavement
markings and raised barriers can cause steering difficulties for bicyclists
and should not be used to delineate bike lanes. 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.
FIGURE 2
TYPICAL BICYCLE LANE CROSS SECTIONS
(A) Curbed Street Without Parking
FIGURE 3
TYPICAL BICYCLE LANE CROSS SECTIONS
Ww
Y Z
m� NOTE: Lane Lines Shall
Not Overlap
r co
rnm
5' _ I
�4' �
� 4 mini
7'
7'
/ = = Motor Vehicle Lanes
= _ uu „" _
5min.$
� �� 5
Lib, hCiu \VV'.0 \'C'
BIKE LANE
BIKE LANE
(B) Street or Highway Without Curb or Gutter
r_Shoulder_
5' min.
Motor Vehicle Laney _
min._
=
_Shoulder
BIKE
BIKE
LANE
LANE
FIGURE 3
TYPICAL BICYCLE LANE CROSS SECTIONS
Ww
Y Z
m� NOTE: Lane Lines Shall
Not Overlap
r co
rnm
ORDINANCE NO. 315LA
FIGURE 4
TYPICAL BICYCLE LANE CROSS SECTIONS
RIGHT-TURN-ONLY LANE
Ped. Crossing
r
/
x If space is
Ped.
Crossing
j
available.
I
I
I
I
Typical path
�— 4 .
K
(min.)
/ of
bicyclist.
°`
LANE
\ I
of through
1
i
I
Optionol dashed stripe.
LAN
Typical path
Not recomended where
of through
/bicyclist.
a long right— turn —only
lane or double turn
lane exist.
\
�
I I r
BIKE LANE
t If space is available.
twl
(Otherwise all delinotion
BIKE
should be dropped at
°
LANE
this point.)
RIGHT-TURN-ONLY LANE
OPTIONAL DOUBLE
RIGHT - TURN -ONLY LANE
Ped. Crossing
r
/
x If space is
I
rf
available.
I
I
I
I
Typical path
�— 4 .
through
(min.)
/ of
bicyclist.
4'
\ I
of through
1
i
I
,'
LAN
Typical path
OPTIONAL DOUBLE
RIGHT - TURN -ONLY LANE
PARKING LANE BECOMES
RIGHT - TURN -ONLY LANE
Ped. Crossing
Ped. Crossing
x If space is
I
rf
available.
LANE
BIKE
c
�— 4 .
LANE
(min.)
Typical path
4'
of through
1
i
(min.)
`bicyclist,
Typical path
of through
/bicyclist.
Drop bike
I
\
�
I I r
BIKE
designated.
twl
BIKE
°
LANE
PARKING LANE BECOMES
RIGHT - TURN -ONLY LANE
Ped. Crossing
RIGHT LINE BECOMES
RIGHT - TURN -ONLY LANE
Page 59
x If space is
z —
BIKE
available.
LANE
�— 4 .
(min.)
Typical path
of through
t
`bicyclist,
Drop bike
lane strip
r
where right
turn only
BIKE
designated.
LANE
RIGHT LINE BECOMES
RIGHT - TURN -ONLY LANE
Page 59
ORDINANCE NO. 3154
3) Bike Paths
Page 60
Bike paths are facilities used exclusively for bike traffic with minimal cross
flow by motor vehicles. They should be located primarily in greenbelt
areas or park -type areas. If a bike path is to be located in the right -of -way
of an adjacent roadway there should be a minimum of five feet (5')
separating the bike path from the roadway.
The paved width and the operating width required for a bicycle path are
primary design considerations. Figure 5 depicts a bicycle path on a
separated right -of -way. Under most conditions, a recommended all -paved
width for a two - directional bicycle path is ten feet (10'). In some
instances, however, a minimum of eight feet (8') can be adequate. This
minimum should be used only where the following conditions prevail: (1)
bicycle traffic is expected to be low, even on peak days or during peak
hours (2) pedestrian use of the facility is not expected to be more than
occasional, (3) there will be good horizontal and vertical alignment
providing safe and frequent passing opportunities, (4) the path will not be
subjected to maintenance vehicle loading conditions that would cause
pavement edge damage. Under certain conditions it may be necessary or
desirable to increase the width of a bicycle path to twelve feet (12'); for
example, because of substantial bicycle volume, probable shared use with
joggers and other pedestrians, use by large maintenance vehicles, steep
grades and where bicyclists will be likely to ride two abreast.
The minimum width of a one - directional bicycle path is five feet (5'). 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.
A minimum of two -foot width graded area should be maintained adjacent
to both sides of the pavement; however, three feet (3') or more is
desirable to provide clearance from trees, poles, walls, fences, guard rails,
or other lateral obstructions. A wider graded area on either side of the
bicycle path can serve as a separate jogging path.
The vertical clearance to obstructions should be a minimum of eight feet
(8'). However, vertical clearance may need to be greater to permit
passage of maintenance vehicles and, in under crossings and tunnels, a
clearance of ten feet (10') is desirable.
FIGURE 5
BICYCLE PATH
_ 2 _ 5' or 8' min. width-
(min.)` PAVED (min.)
GRADED GRADED
" One —way: 5' minimum width
Two —way: 8' minimum width
ORDINANCE NO. 3154
Page 61
15. Water Supply
All subdivisions shall be provided with water supply and distribution systems for
fire protection and domestic use.
All water mains, distribution and service lines shall be constructed as provided by
the Bryan /College Station Unified Design Guidelines and the Bryan /College Station
Unified Technical Specifications and all applicable state and federal requirements.
Where there is a conflict of standards, the more stringent standard as determined
by the City Manager, or his designee, shall apply. The City shall accept for public
use only water mains, distribution and service lines that comply with these
standards for construction.
16. Sanitary Sewers
a. All subdivisions shall be provided with an approved sanitary sewerage system
meeting the standards of the City Engineering department. Curved sewers of
not less than one hundred foot (100') radius are accepted, as are manholes of
not over five hundred foot (500') spacing.
b. If the sewerage system includes treatment facilities, the plan must be
approved by the Texas State Department of Health, and the subdivider must
have a permit for the discharge of effluent from the Texas Water Quality
Board, before the approval by the Commission.
C. On -site waste water disposal systems, including private septic systems, may
be used in areas where topography, density of development and /or other
factors make sewer collection facilities impractical. Such systems, when
allowed, must meet the requirements of Brazos County.
17. Drainage
All drainage shall be designed and constructed in accordance with the
Bryan /College Station Unified Design Guidelines and the Bryan /College Station
Unified Technical Specifications, Chapter 13 Flood Hazard Protection Ordinance
and all applicable state and federal requirements.
18. Utility Lines
All utility lines that pass under streets or alleys shall be installed before the street
or alley is paved, with embedment, backfill, and depths as approved by the City
Engineer, or the crossing shall be bored.
19. Gas or Oil Lines
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 inches (30 "), and
shall be marked by an all- weather typed sign, installed at each crossing and at
intervals of not more that three hundred feet (300'). The signs shall be installed
by the utility company, state that the line is high pressure, and shall name the
product or products transported therein.
20. Street Lights
a. Basic Policy
It shall be the policy of the City of College Station that adequate street lighting
for the protection of the public and property be installed in all new
subdivisions. Installation procedures and acceptable standards for street
ORDINANCE NO. � J Page 62
lights shall be governed by the utility standards of the College Station Utilities
in effect at the time of subdivision construction or addition thereto.
b. General Standards
1) The actual number of street lights to be required, as well as the type and
size of luminaire, and the installation, location and size of street light
services, shall be determined by the Electrical Engineer for College
Station Utilities. Pole type for mounting of street lights shall be selected
by the Developer, subject to the approved street light pole standards of
the College Station Utilities.
2) Street lights shall normally be required at all street intersections and
access ways, in cul -de -sacs, and at generally three hundred feet (300')
intervals or less on tangent streets.
3) The developer shall furnish satisfactory easements for the installation of
services to street lights, with said easements to normally be five feet
(5') in width.
4) The installation of subdivision lighting shall be performed by either of the
following:
(a) By the City, subject to cost reimbursement as provided in this
UDO.
(b) By the developer or his authorized construction representative,
subject to compliance with the utility street light installation
standards of College Station Utilities.
21. Electric Service Installation
a. All electric utility service shall be installed underground in residential, multi-
family residential, commercial and industrial subdivisions. All lateral electric
lines and service lines supplying electric utility service shall be placed
underground.
b. Overhead feeder lines may be placed within the above - listed subdivisions in
the following locations:
1) Along the perimeter of the platted subdivision.
2) 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.
3) Within alleys or dedicated easements identified for the location of aerial
utility service on the approved subdivision plat.
C. The Subdivider shall dedicate easements upon forms approved by City for the
installation of utilities, including electric. All liens and other ownership
interests shall be subordinated to the easement use.
d. 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.
e. The Subdivider shall be responsible for furnishing and installing, and the
expenses related thereto, of conduit for the installation of all on -site
underground development feeder, lateral and service lines utilized to provide
ORDINANCE NO. 15L4 Page 63
electric utility service to the subdivision. The specifications for the conduit shall
be approved by College Station Utilities prior to installation.
f. 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.
g. Temporary utility service may be provided via overhead line extension.
22. Monuments and Corner Markers
a. 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 (1/2 ")
steel rod, two feet (2') in length, set in the center of a concrete monument six
inches (6 ") in diameter and thirty inches (30 ") deep, with the top flush with
the finished ground surface.
b. 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.
c. Corner markers, consisting of a one -half inch (1/2 ") steel rod or three - fourths
inch (3/4 ") pipe, two feet (2') in length, shall be driven flush with the ground
surface to mark the corners of all lots.
23. Gating of Roadways
a. Purpose: To achieve orderly development of a secured (gated) community.
To protect and promote the health, safety, and general welfare of the City.
b. General Requirements
1) Gating of a public roadway is prohibited.
2) Driveways are considered roadways for the purpose of these gating
requirements.
3) The gate shall not block area -wide through routes or block access for
roadways to serve future development.
4) Access shall be provided 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.
5) A private street subdivision will not cross an existing or proposed
thoroughfare as shown on the City's Thoroughfare Plan. A private street
subdivision will not disrupt or cross an existing or proposed City of
College Station public pedestrian pathway, hike and bike trial or park as
shown on the City's Parks and Open Space Plan.
6) The gate design and implementation shall be such that it does not pose
a threat to public health, safety and welfare.
7) The infrastructure main lines (electrical, water, and sewer) shall be
maintained by the City of College Station.
c. Homeowners Association (HOA)
1) A Homeowners 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,
ORDINANCE NO. 315 1 4
Page 64
gate equipment, landscaping, and all other common facilities, including
private streets and sidewalks, which are part of the subdivision (the
"Common Facilities ").
2) All property owners within an existing residential area that is proposed
to be gated shall agree to become members of an operative
Homeowners Association (HOA).
3) The HOA 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.
4) The budget for the HOA shall include a fund reserved for the repair and
maintenance of Common Facilities in the amount approved by the city
staff.
5) The legal instrument establishing the Homeowners Association, street
maintenance agreement, the approval of the reserve fund by the City
Engineer or Director of Public Works, and written permission for the
City's access to the subdivision will be submitted for approval by the City
Attorney prior to the submission of the final plat.
6) The City will be given written permission for practical access at any time
without liability when on official business. The City will also be given
written permission to remove obstructions including any gate and guard
(house) upon non - compliance by the HOA of any terms of this ordinance
or if necessary for the emergency vehicle access. In the event the City
must remove obstructions to access the development, the HOA will be
assessed all costs of removal.
7) In the event the City deems that repairs to private street(s) within a
gated community are necessary in order to insure safe access and
passage for emergency service vehicles, the City will notify the HOA and
a public hearing will be set for input on the projected repairs. Should
the HOA 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 HOA all costs borne by the City in
repair of the private street(s). Should the HOA fail to reimburse the City
within 90 days, the HOA shall be subject to lien and possibly foreclosure
of all assets including but not limited to the maintenance reserve fund.
d. Geometric Design Guidelines
1) All streets in the development shall be constructed in accordance with
city standards.
2) The gate(s) location shall not be placed on a public right -of -way or
easement.
3) All gate mechanical or manual operating functions shall meet Fire
Department requirements and provide passage with unobstructed
vertical clearance.
4) Gated entry way throat length designs taking access from residential,
major and minor collector roadways shall meet the following
requirements (Ref. Figures 1 & 2):
(a) A minimum of 20 feet for one residential single family lot.
(b) A minimum of 60 feet for up to twenty -five (25) single family lots.
(c) A minimum of 100 feet for twenty -six (26) single family lots or
greater
ORDINANCE NO. 3 15LA
Page 65
5) The gated entry way lengths taking access from major and minor
arterials shall be determined and approved on a case by case basis by
the City Planning Department.
6) Gated entry ways shall provide adequate access for pedestrians and
bicycles.
7) 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)
Sliding
Gates \
j .f \ 1
j (min.) \ Key Pad Box
/ Max. 4' —6' Above Roadway
NOTE: / \ Finished Grade and Face of
All Dimensions are Face/ I° Box Flush with Back of Curb.
to Face unless otherwise%
noted. / ` \ MINIMUM DISTANCE FROM ROW:
�20' 20' \ SINGLE FAMILY RESIDENTIAL
(min.) \ * 20' one SF lot
(min.)
* 60' 25 or Less SF lots
25' min. j 4' \ * 100' 26 or More SF lots
Radius / MEDIAN \
/ (min.) kRodius 25' min.
B.B. Throat
Lenght
Public Street
R.O.W.
FIGURE 1
Hinged
Gates
NOTE:
All Dimensions are Face
to Face unless otherwis
noted.
/ 20'
25' min.
Radius j' 4
MEDIAN
(min.)
B. B.
1 5'
(m i
n in.) \ A
25' QD
(min.) Key Pad Box
Max. 4' —6' Above Roadway
c \ Finished Grade and Face of
\ Box Flush with Back of Curb.
Fly \
\ MINIMUM DISTANCE FROM ROW:
20' \ SINGLE FAMILY RESIDENTIAL
* 20' one SF lot
(min.) \ * 60' 25 or Less SF lots
* 100' 26 or More SF lots
25' min.
Radius Throat _
Lenght
Public Street
FIGURE 2
R.O.W.
ORDINANCE NO. 3154
Page 66
8) The gated entry way driveway pavement widths to subdivisions, for both
egress and ingress, shall be a minimum of 20 feet per driveway and are
required to provide a minimum 4 feet center median. (Ref. Figures 1 &
2)
9) The gated area shall provide a minimum unobstructed vertical clearance
of 14 feet 6 inches from finished roadway surface over the entire width
of the entry roadway.
10) Public safety elements and signing shall be included in the gate entry
way design.
e. Converting Private Streets to Public Streets
1) Upon a written request signed by HOA 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 the standards for the public streets in the City and the City Council
has agreed to accept the streets.
2) The written request by the HOA officers will be accompanied by a
petition containing the signatures of the owners of 100% of the existing
lots in the subdivision, except when in the public interest.
3) All repairs or reconstruction of private streets must be accepted by the
City prior to conversion. All conversion dedication costs will be paid by
the HOA.
f. Indemnity
The Association hereby unconstitutionally 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.
g. Existing Gates
Any gate as defined by this ordinance 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.
ORDINANCE NO. 3154
B. Rural Residential Standards
Page 67
1. General
The requirements outlined herein are intended to allow the development of rural
residential subdivisions within the corporate boundary of the City of College
Station, Texas. It is the intent of this section that these regulations be used to
create a rural type atmosphere for development in areas where the Council
through zoning deems it appropriate (See Zoning Section below). It is not the
intent of this Section to sacrifice the integrity of the City of College Station's
current or future infrastructure systems.
2. Community Assets
In all subdivisions, attention shall be given to all natural features such as trees,
watercourses, historical sites, and similar community assets, which, when
preserved, will add attractiveness and value to the property.
3. Suitability of Lands
The Commission shall not approve the subdivision of land, if from adequate
investigations conducted by staff, it has been determined that in the best interest
of the public, the site is not suitable for platting and development purposes of the
kind proposed. Land located within FEMA designated floodway and land deemed
to be topographically unsuitable shall not be platted for residential occupancy, nor
for such other uses as may increase danger to health, life, or property, or
aggravate erosion or flood hazard. Development of the flood fringe shall be
controlled and designed in accordance with the City of College Station Drainage
Ordinance. Such land within the plat shall be set aside for uses that shall not be
endangered by periodic or occasional inundation or shall not produce
unsatisfactory living conditions.
4. Large Tracts or Parcels
When land is subdivided into larger parcels rather than ordinary lots, as defined in
this UDO, such parcels shall be arranged so as to allow for the opening of future
streets and logical further subdivisions. If the City's Comprehensive Plan requires
thoroughfares to cross the interior of the subdivision or lie anywhere within the
subdivision, the right -of -way shall be dedicated to the public.
S. Zoning
No plat of land within the force and effect of an existing zoning ordinance shall be
approved unless it conforms to such zoning or other pertinent regulations. Rural
residential subdivisions can only develop in A -O or A -OR zoning districts. .
6. Reserved Strips Prohibited
There shall be no reserved strips controlling access to land dedicated or intended
to be dedicated to the public.
7. Standards
All construction on streets or easements shall be designed and constructed in
accordance with City Engineering standards and specifications.
8. Streets
a. Goal
The goal of this section is to provide each lot in a rural residential subdivision
with access to a durable and maintainable public /private street with adequate
ORDINANCE NO. 31 Page 68
capacity, while retaining rural aesthetics and cost effectiveness, and without
compromise to the City of College Station Thoroughfare Plan.
b. Street Layout
Adequate streets shall be provided by the subdivider such that the
arrangement, character, extent, width, and grade of each shall conform to the
Thoroughfare Plan of the City and shall be considered in their relation to
existing and planned streets, to the topographical conditions, to the public
safety and convenience, and to their appropriate relationship to the proposed
use of the land to be served by such streets.
c. Relation to Adjoining Street Systems
Where necessary to the neighborhood pattern, existing streets in adjacent or
adjoining areas shall be continued, in alignment therewith. Where adjoining
areas are not subdivided, the arrangement of streets in the subdivision shall
make provision for the proper projection of streets into such areas.
d. Street Jogs
Whenever possible, street jogs with center -line offsets of less than one
hundred twenty -five feet (125') shall be avoided.
e. Half Streets
No half streets shall be platted.
f. Dead -end Streets
Dead -end streets shall be prohibited except short stubs to permit extension.
Temporary turnarounds may be required.
g. Cul -de -Sacs
Cul -de -sacs shall not exceed two thousand feet (2000') in length to radius
point, and shall terminate in a turnaround not less than one hundred feet
(100') in diameter, with a pavement diameter of eighty feet (80'). The
number of dwelling units may not exceed thirty (30) on any cul -de -sac,
regardless of length.
h. Street Intersections
Acute angles between streets at their intersections are to be avoided.
L Thoroughfares on Master Plan
Where a subdivision embraces or is adjacent to a thoroughfare as shown on
the City of College Station Thoroughfare Plan, such street shall be platted to
maintain continuity in the approximate location as shown, and of the type
indicated. In certain cases the City may have constructed a street through the
area to be subdivided, in which case the subdivider shall develop the
necessary street intersections at his expense, in accordance with the
requirements of this UDO. The Commission may require that, where practical,
residential lots adjacent to arterial streets or parkways be platted or restricted
so as to prevent driveways opening into such streets.
All thoroughfares (if they will be continuous beyond the rural residential
subdivision) shall be constructed to urban standards as contained in this
Article All residential streets and those collectors, which are wholly contained
within the rural residential subdivision and provide internal circulation for the
rural residential subdivision(s) only, may be constructed to the standards
contained within this Section.
ORDINANCE NO. 3154 Page 69
j. Local Streets
Local streets shall be laid out to discourage through traffic.
k. Geometric and Pavement Standards
Design criteria for urban and rural streets and alleys are contained in the
Bryan /College Station Unified Design Guidelines and the Bryan /College Station
Unified Technical Specifications.
I. Standard Details and Specifications
Refer to the City of College Station
pavement cross - section detail and
materials.
m. Street Names
Street Specifications for the standard
specifications regarding all pavement
New streets shall not only be named so as to provide continuity of existing
streets, but shall be named to prevent conflict with identical or similar names
in other parts of the City. New streets shall not be named after any living
person.
9. Easements
a. Drainage Easements
Where a subdivision is traversed by a watercourse, drainage way, natural
channel or stream, there may be required a drainage easement or right -of-
way conforming substantially to the limits of such watercourse, plus additional
width to accommodate future needs as determined by the City Engineer. The
City of College Station Drainage Policy and Design Standards shall be used as
a guideline for easement sizing. No construction, including fences, shall
impede, constrict, or block the flow of water in any easement or natural
watercourse. Such easement shall not be considered a part of the lot area for
purposes of minimum lot size requirements of this UDO.
b. Utility Easements
1) Utility Layout
A utility layout is required for all rural residential subdivisions, which
shall include all utilities proposed to be installed in the subdivision, as
well as any future utilities. Based on this layout, all lines shall have
adequate clearance from other utilities and each block shall have a utility
easement either at the rear or the front of all lots, reserved for the use
of these utility lines, conduit, and equipment. These utility easements
shall be twenty feet (20') in width, and shall be continuous for the entire
length of a block. If taken at the rear of the lots, it shall be taken as ten
(10') feet from each lot where the rear of the lots abut each other.
These easements shall be parallel as closely as possible to the street line
frontage of the block. The City's electrical engineer will design the
electrical system in all subdivisions.
2) Additional Easement
Where utility easements are not themselves straight within each block,
or if the same do not connect on a straight course with utility easements
of adjoining blocks, then an additional easement shall be provided for
the placement of guy wires on lot division lines in order to support poles
set on curving or deviating rights -of -way or easements.
3) Easements Required by City Engineer
Utility easements may be required across parts of lots other than as
described above upon recommendation of the City Engineer. Where the
ORDINANCE NO. 31b4
Page 70
proposed subdivision adjoins an unplatted area, the full twenty foot (20')
width of easement may be required along the rear of lots adjoining the
unplatted area.
4) Fencing in Easements
Utility easements may be fenced if unlocked gates are provided to allow
free movement of excavating machines, maintenance equipment, and
personnel throughout the full length of the easement.
10. Blocks
a. General
Blocks generally shall be platted to provide two (2) tiers of lots with a utility
easement between them, with proper regard for drainage channels, wooded
areas and other topographical features lending themselves to attractive
treatment.
b. Block Lengths
Block length shall not exceed one thousand fifteen hundred feet (1,500') in
rural residential subdivisions. In blocks over eight hundred feet (800') in
length, there may be required, near the center of the block, an access way as
hereafter defined. An access way may be required at the end of a cul -de -sac
to facilitate pedestrian traffic movement.
11. Lots
a. Lot Configuration
Side lot lines which make acute angles with front lines shall be avoided where
practical. In general, an arrangement placing adjacent lots at right angles to
each other shall be avoided.
b. Lot Size and Setbacks
Lot size and setback lines shall be in accordance with zoning requirements.
Lots abutting on access ways shall be treated as corner lots.
12. Access Ways
Access ways, where required, shall have a ten foot (10') right -of -way, dedicated to
the public. A four foot (4') sidewalk shall be constructed in the center of the right -
of -way conforming to City Engineering standards and specifications.
13. Sidewalks
Sidewalks are not required on residential and collector streets that are wholly
contained within the rural residential subdivision(s). If they are provided, they
shall meet all sidewalk regulations in the Urban Standards Section and shall be
constructed away from the roadway surface to provide adequate safety for
pedestrians. All sidewalks shall be a minimum of four feet (4') in width and
constructed in accordance with City Engineering standards and specifications.
Sidewalks are required on all major and minor arterials and collectors that will
continue beyond the rural residential subdivision and are required to be
constructed to urban street standards. Sidewalks on these streets shall meet all
requirements sidewalks as given in the Urban Standards Section.
14. Bikeways
Bikeways will be required in accordance with the Bikeway Master Plan. Refer to
the Urban Standards Section for requirements.
ORDINANCE NO. 3154
15. Water Supply
a. Goal
Page 71
All rural residential subdivisions shall be provided with a safe, reliable
public /private water supply to each platted lot, without compromising the City
of College Station's future water distribution system.
b. Determination of Water Supplier
All subdividers of rural residential subdivisions shall ascertain which local water
supplier is certificated to serve the proposed subdivision. If the supplier is not
the City of College Station, a predevelopment meeting is encouraged and shall
be held between the subdivider, proposed water supplier and the City
Engineer, in order to assure that adequate water supply will be available to all
lots within the subdivision.
C. City of College Station as Water Supplier
If the water supplier is the City of College Station, waterlines shall be sized to
accommodate both domestic use and fire protection to the subdivision. The
design of the waterlines shall be in accordance with all applicable city, state
and federal regulations, City of College Station design standards and
construction specifications and acceptable engineering standards. The design
shall be approved by the City Engineer. Adequately sized waterlines shall be
provided by the subdivider such that they conform to the City's Utility Master
Plan.
d. Rural Water Supplier
Water for all rural subdivisions shall be as provided by the City Standards.
The requirements will include the fire flow requirements as provided by the
International Fire Code and the Bryan /College Station Unified Design
Guidelines and the Bryan /College Station Unified Technical Specifications and
all applicable state and federal requirements."
16. Sanitary Sewage
a. Goal
To provide adequate sanitary sewer service to all lots within rural residential
subdivisions, that does not compromise public health or the future of the City
of College Station gravity sewer collection system.
b. Gravity Sanitary Sewer System Required
At the time of zoning, a determination shall be made as to whether the
subdivision must connect to the existing sanitary sewer system or if an on -site
sewage disposal system (private septic system) will be allowed. If it is
determined at the time of zoning that a gravity sewer system is required, the
design of such shall meet the Bryan /College Station Unified Design Guidelines
and the Bryan /College Station Unified Technical Specifications and all
applicable city, state and federal regulations. Adequately sized sewerlines
shall be provided by the subdivider such that they conform to the needs of the
sewer service area and the City's Utility Master Plan.
C. Sanitary Sewer Master Plan
If it is determined at the time of zoning that on -site sewage disposal systems
(private septic systems) will be allowed, a gravity sanitary sewer master plan
shall be designed for the subdivision. 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 sewerlines 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 all applicable city, state and federal regulations, City design standards
ORDINANCE NO. 3 154 Page 72
and acceptable engineering standards. 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.
Said master plan shall be adopted by ordinance by Council prior to final plat
approval by the Planning & Zoning Commission.
d. Private Septic System Licenses
On -site sewage disposal systems (private septic systems) shall be designed to
meet all requirements of the applicable County Health Department. The
system shall be licensed through the same agency and the license shall be
kept current. A note shall be provided on the plat as such above.
17. Drainage
a. Goal
To provide adequate drainage facilities within rural residential subdivisions,
that do not compound flooding and provide roadway facilities with adequate
drainage to allow safe ingress /egress.
b. Drainage Design
Drainage shall be provided to handle runoff from the subdivision in accordance
with the Bryan /College Station Unified Design Guidelines and the
Bryan /College Station Unified Technical Specifications, Chapter 13 Flood
Hazard Protection Ordinance and all applicable state and federal requirements.
C. Roadside Ditches
Roadside ditches shall be designed in accordance with the City of College
Station Drainage Policy and Design Standards. They shall be a minimum of
eighteen inches (18 ") deep, except in areas where the topography deems it
inappropriate.
d. Culverts
Culverts shall be designed in accordance with the City of College Station
Drainage Policy and Design Standards. The minimum size of any culvert shall
be eighteen inches (18 "). Safety end treatments, headwalls or wingwalls are
required as appropriate.
18. Utility Lines
All utility lines that pass under streets shall be installed before the street is paved,
with embedment, backfill, and depths in accordance with City engineering design
standards and specifications, or the crossing shall be bored.
19. Gas or Oil Lines
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 inches (30 "), and
shall be marked by an all- weather typed sign, installed at each crossing and at
intervals of not or than three hundred feet (300'). The signs shall be installed by
the utility company, state that the line is high pressure, shall name the product or
products transported therein, the utility company name and an emergency phone
number.
ORDINANCE NO. 3 154
20. Street Lights
a. Goal
Page 73
To provide adequate street lighting for the protection of property and the
public, while in keeping with a rural setting subdivision.
b. Standards
Installation procedures and acceptable standards for street lights shall be
governed by the utility standards of College Station Utilities in effect at the
time of subdivision construction or addition thereto.
1) The type and size of luminaire, and the installation and size of street
light services, shall be determined by the Electrical Engineer for College
Station Utilities. Pole type for mounting of street lights shall be selected
by the Developer, subject to the approved street light pole standards of
College Station Utilities.
2) The developer shall furnish satisfactory easements for the installation of
services to street lights, with said easements to normally be five feet
(5') in width.
3) The installation of subdivision lighting shall be performed by either of the
following:
(a) By the City, subject to cost reimbursement as provided in
Responsibility For Payment For Installation Costs Section herein.
(b) By the developer or his authorized construction representative,
subject to compliance with the utility street light installation
standards of College Station Utilities.
C. Locations
Street lights shall be required at the following locations within rural residential
subdivisions:
1) At all street intersections, and
2) At the end of all cul -de -sacs greater than 300' in length.
The subdivider may request street lights at other locations within the
subdivision, given that the locations do not exceed the current standard for
street light provision as outlined in Street Lights in the Urban Standards
Section contained herein.
21. Electric Service
a. Goal
To provide adequate electrical service to all lots within a rural residential
subdivision, that is in keeping with a rural setting and does not compromise
the integrity of the City of College Station electrical distribution system.
b. Determination of Supplier
All subdividers of rural residential subdivisions shall ascertain which local
electric supplier is certificated to serve the proposed subdivision. Where the
supplier of electric service is other than the City of College Station, the
supplier must meet all the applicable City ordinances and have construction
specifications approved by the City's electrical engineer.
C. Installation
At the developers discretion, lateral electric lines and service lines supplying
electric utility service shall be placed either overhead or underground.
ORDINANCE NO. 315 5 4
d. Easements
Page 74
The subdivider shall dedicate easements upon forms approved by City for the
installation of utilities, including electric. All liens and other ownership
interests shall be subordinated to the easement use.
e. Underground Service
Where underground electric service is selected, all street lighting and site
lighting equipment shall be placed underground except for the poles on which
the lights are to be affixed.
f. Underground Conduit
The subdivider shall be responsible for furnishing and installing, and the
expenses related thereto, conduit for the installation of all on -site underground
development feeder, lateral and service lines utilized to provide electric utility
service to the subdivision. The specifications for the conduit shall be approved
by the electrical department prior to installation.
g. Auxiliary Equipment
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.
22. Monuments and Corner Markers
All monumentation for a rural residential subdivision shall be in accordance with
Monuments and Corner Markers in the Urban Standards Section contained herein.
C. Extraterritorial Jurisdiction Standards
The requirements of the Rural Residential Standards above, shall apply as applicable to
all subdivisions and developments within the City of College Station Extraterritorial
Jurisdiction, with the following modifications:
1. Streets
Streets shall be in conformity with the requirements of the Streets subsection,
except that rural sections, as defined in the Bryan /College Station Unified Design
Guidelines and the Bryan /College Station Unified Technical Specifications shall be
used. The minimum right -of -way width shall be seventy feet (70'), and if a
thoroughfare, as shown on the City's or County's Thoroughfare Plan, crosses or
forms a boundary of the subdivision, a rural collector section shall be required.
2. Lot Size
The minimum lot size shall be one (1) acre.
3. Lot Width
The minimum lot width shall be one - hundred feet (100').
4. Water Supply
Water for all ET] subdivisions shall be as provided by the City Standards. The
requirements will include the fire flow requirements as provided by the
International Fire Code and the Bryan /College Station Unified Design Guidelines
and the Bryan /College Station Unified Technical Specifications and all applicable
state and federal requirements.
S. Sanitary Sewers
A. Private Septic System Licenses
ORDINANCE NO.__3 1 )4
Page 75
On -site sewage disposal systems (private septic systems) shall be designed to
and meet all requirements of the applicable County Health Department. These
systems shall be licensed through the same agency and the license shall be
kept current. A note shall be provided on the plat indicated such as above.
B. Gravity Sanitary Sewer System
Gravity Sanitary Sewer Systems shall be in accordance with the Bryan /College
Station Unified Design Guidelines and the Bryan /College Station Unified
Technical Specifications and all applicable state and federal requirements.
6. Drainage
Drainage may be by surface channels.
7. Street Lights
Street lights are not required.
S. Electric Service
Electric service will not be supplied by the City.
9. City Participation
The City will not participate in the cost of the subdivision or utilities outside the
City limits, including garbage collection and street maintenance except for utilities
dedicated to the City of College Station with a Development Agreement. Such
utility service shall be in accordance with City Council Resolution #2 -9- 2006 -13.04
(as amended) Regarding the Extension of Water and Sewer Utility Services to
Properties within the Extraterritorial Jurisdiction (ETJ).
8.3 Waiver of Subdivision Standards
A. The Commission may authorize a waiver from the regulation when, in their opinion,
undue hardship will result from requiring strict compliance. In granting a waiver, the
Commission shall prescribe only conditions that it deems not prejudicial to the public
interest. In making the findings hereinbefore required, the Commission shall take into
account the nature of the proposed use of the land involved, the existing use of land in
the vicinity, the number of persons who will reside or work in the proposed subdivision,
the possibility that a nuisance will be created, and the probable effect of such waiver
upon traffic conditions and upon public health, convenience, and welfare of the vicinity.
No waiver shall be granted unless the Commission finds:
1. That there are special circumstances or conditions affecting the land involved such
that strict application of the provisions of this chapter will deprive the applicant of
the reasonable use of his land;
2. That the waiver is necessary for the preservation and enjoyment of a substantial
property right of the applicant;
3. That the granting of the waiver will not be detrimental to the public health, safety,
or welfare, or injurious to other property in the area, or to the City in
administering this chapter; and
4. That the granting of the waiver will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of this UDO.
B. Such findings of the Commission, together with the specific facts upon which such
findings are based, shall be incorporated into the official minutes of the meetings at
which such waiver is granted. Waivers may be granted only when in harmony with the
ORDINANCE NO. 3 154 Page 76
general purpose and intent of this UDO so that public health, safety, and welfare may be
secured and substantial justice done.
C. Waiver from Water Flow Requirements
This Section shall not apply to fire flow provisions set out in the Water Supply subsection
of the Urban Standards, Rural Residential Standards, and Extraterritorial Jurisdiction
Standards contained herein.
D. Waiver from Lot Size
This Section shall not apply to Lot Size provisions set out in the Extraterritorial
Jurisdiction Standards contained herein.
8.4 Certifications
CERTIFICATE OF OWNERSHIP AND DEDICATION
STATE OF TEXAS
COUNTY OFBRAZOS
I (we) , 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, infrastructure, easements, and public places thereon shown for
the purpose and consideration therein expressed.
Owner(s)
STATE OF TEXAS
COUNTY OFBRAZOS
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)
ORDINANCE NO. 315 Page 77
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.
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
APPROVAL OF PLANNING AND ZONING COMMISSION
I, , Chairman 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.
ATTEST:
Chairman
City Secretary
ORDINANCE NO. 315y Page 78
STATE OF TEXAS )
COUNTY OF BRAZOS )
CERTIFICATE OF THE COUNTY CLERK
I. , County Clerk, in and for said county, do hereby
certify that this plat together with its certificates of authentication was filed for record in my office
the day of, 20, in the Deed Records of Brazos
County, Texas, in Volume Page
WITNESS my hand and official Seal, at my office in Bryan, Texas.
(SEAL)
STATE OF TEXAS )
COUNTY OF BRAZOS )
County Clerk
Brazos County, Texas
CERTIFICATE OF GREENWAY DEDICATION
I (we) , owner(s) and developers of the land shown
on this plat, and described herein as Subdivision in the City of College
Station, Texas, and whose name(s) is /are subscribed hereto, hereby dedicate in fee simple to the use
of the public forever all greenways thereon shown for the purpose and consideration therein
expressed.
Owner(s)
CERTIFICATE OF NO ACTION TAKEN
I, , Chairman of the Planning and Zoning Commission, hereby certify
that the plat was filed with the Planning and Development Services Department on the day of
and that the Planning and Zoning Commission failed to act on the plat within 30
days after the plat was filed.
ORDINANCE NO. 3 Page 79
8.5 Responsibility for Payment for Installation Costs
A. Developer Responsibilities. The developer shall be responsible for the designing and
installing of all public improvements which primarily serve the subdivision. This includes
being responsible for the costs associated therewith that are shown on the plat or that
may be off -site but needed to ensure adequacy of public facilities and services for the
subdivision; and subject to participation by the City or other third parties as may be
allowed or required by applicable law, such as participation by the City for costs
associated with oversizing of public improvements beyond that which is necessary to
serve the subdivision. Facilities required by this UDO and City Code of Ordinances shall
be considered as primarily serving the subdivision unless otherwise determined by the
City.
B. Street Lights
The developer shall pay the entire cost of the subdivision street light installation,
including the cost of service lines to supply electricity to the street lights, and all
engineering design costs. Once satisfactorily installed, approved, and accepted, the
maintenance of the street lights and the furnishing of electric energy to the street lights
shall be provided by the City.
C. Street Signs
The developer will provide and install, at no cost to the City, all street name signs and
associated poles, and hardware.
D. Engineering Inspection and Testing
1. The City will charge for engineering inspection during construction and for final
inspection as established by Council resolution from time to time; however, it is to
be understood that the City will do no layout work or daily inspection.
2. The City requires testing by an independent laboratory acceptable to the City of
College Station to ensure compliance with the Bryan /College Station Unified
Design Guidelines and the Bryan /College Station Unified Technical Specifications
and approved plans and specifications of the construction of the infrastructure
before final inspection and approval of that infrastructure. Charges for such testing
shall be paid by the project owner / developer.
8.6 Construction, Guarantee of Performance, and Acceptance of Public Infrastructure
A. Construction
1. Development Permit
Upon approval of the construction documents by the Development Engineer and
upon issuance of a Development Permit, the developer may proceed with the
construction of public infrastructure. Construction of private improvements is
prohibited until the requirements for constructing or guaranteeing construction of
public infrastructure are met as set forth herein. Neither the developer nor the
contractor nor the subcontractor shall make a connection to or tap into the City
water distribution system, electric system, or sanitary sewer system. The
developer shall furnish all necessary materials to make the final tap or connection.
2. Letter of Completion and Acceptance
When the developer constructs the required public improvements, all such
construction shall be inspected while in progress, by the City Engineering Division,
ORDINANCE NO. Page 80
and must be approved upon completion by the City Engineer. A Letter of
Completion will be issued by the City Engineer when:
a. The construction conforms to the approved plans and the Bryan /College
Station Unified Design Guidelines and the Bryan /College Station Unified
Technical Specifications and all applicable city, state and federal regulations;
b. The developer provides construction red -lined record drawings signed by the
contractor acceptable to the City Engineer that contain the following
attestation:
"I, , General Contractor for
development, certify that the improvements shown on this sheet were actually
built, and that said improvements are shown substantially hereon. I hereby
certify that to the best of my knowledge, that the materials of construction
and sizes of manufactured items, if any are stated correctly hereon."
General Contractor
c. The developer and his agent /contractor, if applicable, signs the Letter of
Completion which furnishes the City a written guarantee that all workmanship
and materials shall be free of defects for a period of one (1) year from the
date of acceptance by the City Engineer; and
d. Off -site easements have been recorded, or are presented to the City and
acceptable to be recorded.
3. Upon completion by the developer, and formal acceptance by the City of the public
infrastructure required to be completed by the developer, they shall become the
property of the City of College Station, Texas.
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 construction of the same in order
to obtain final plat approval and to commerce construction of private
improvements. This may be accomplished in one of the following three 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 in 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. Trust Agreement
The developer has placed on deposit in a bank or trust company in the name
of the City, under terms and conditions approved by the City, in a trust
account, a sum of money equal to the estimated cost of all public
improvements required by this chapter. The cost and the time of completion
for such public improvements shall be in writing and be acceptable to the City
Engineer. The selection of the trustee must be approved by the City, and the
term as and conditions of the trust agreement acceptable to the City Attorney.
Periodic withdrawals may be made from the trust account for a progress
payment of installation costs. The amount of withdrawals shall be based upon
ORDINANCE NO. 315Li Page 81
progress work estimates approved by the City Engineer. All such withdrawals
shall be approved by the trustee; or
c. Unconditional Guarantee from Local Bank or Local Savings & Loan
Association or Other Financial Institution as Approved by the City of
College Station
The developer has filed with the Administrator a letter, 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 three (3) types of security is filed by the developer as described
above, the City Engineer shall inspect and approve the construction of public
improvements in accordance with the requirements of this UDO when same
occurs. If the developer fails to properly construct some or all required public
improvements, the City Attorney shall, on direction of the City Council, proceed to
enforce the guarantees provided in this Section.
3. The City Engineer may extend the period of time by when completion of public
improvements is to occur when posting security. Such extension of time shall be
granted upon a showing of good cause and shall be reported to the Commission
and recorded in the minutes. No such extension shall be granted unless security,
as provided herein, has been provided by the developer covering the extended
period of time.
8.7 Requirements for Park Land Dedication
A. Purpose
This Section is adopted to provide recreational areas in the form of neighborhood park
facilities as well as community park facilities as a function of subdivision and site
development in the City of College Station and its Extra - Territorial Jurisdiction (ETJ).
This Section is enacted in accordance with the home rule powers of the City of College
Station granted under the Texas Constitution, and the statutes of the State of Texas,
including, but not by way of limitation, Texas Local Government Code Chapter 212 as
may be amended from time to time.
It is hereby declared by the City Council that recreational areas in the form of
neighborhood parks and community parks are necessary and in the public welfare, and
that the only adequate procedure to provide for neighborhood parks and community
parks is by integrating such requirements into the procedure for planning and
developing property or subdivisions in the City and its ETJ, whether such development
consists of new construction on vacant land or rebuilding and remodeling of structures
on existing residential property.
Neighborhood parks are those parks providing for a variety of outdoor recreational
opportunities and located within convenient distances from a majority of the residences
to be served thereby located within park zones established by the City. The park zones
established by the College Station Parks and Recreation Department and shown on the
official Parks and Recreation map for the City of College Station shall be prima facie
proof that any park located therein is within such a convenient distance from any
residence located therein. The primary cost of neighborhood parks should be borne by
the landowners of residential property who, by reason of the proximity of their property
ORDINANCE NO. 3154 Page 82
to such parks, shall be the primary beneficiaries of such facilities. Typically, the
landowner of a proposed residential development is the developer.
A typical community park in College Station is designed to serve the needs of residents
from several neighborhoods located within one -half to three mile radius. Community
parks provide amenities that should complement neighborhood parks. Together,
neighborhood parks and community parks can meet more of the recreational needs of
residents.
Community parks are generally 25 to 70 acres in size. However, larger and smaller
community parks may be developed to meet specific requirements of a particular area of
town.
Community parks, by their nature, serve both active and passive leisure needs of
residents, and use by organizations and individuals from surrounding areas larger than
for neighborhood parks. The acquisition and development of the "basic" infrastructure
and facilities for the usage of these community parks should be based upon the demand
from the area residents it is intended to serve.
Therefore, the following requirements are adopted to effect the purposes stated above.
B. Applicability
This Section applies to a landowner who develops land for residential use located within
the City or within its extraterritorial jurisdiction.
C. Requirements
1. General
The City Manager or his designee shall administer this Section with certain review,
recommendation and approval authorities being assigned to the Planning and
Zoning Commission, the Parks and Recreation Advisory Board and various City
departments as specified herein.
Generally, the developer of residential property must address the following
requirements pursuant to this Section: dedication of land for neighborhood park
use or payment of a fee in lieu thereof, dedication of land for community parks or
payment of a fee in lieu thereof, payment of a development fee for neighborhood
parks or construction of the neighborhood park improvements to which such fee
relates, and payment of a development fee for community parks or construction of
the community parks improvements to which such fee relates. Requirements
herein are based on actual dwelling units for an entire development. Increases or
decreases in final unit count may require an adjustment in fees paid or land
dedicated. If the actual number of dwelling units exceeds the original estimate,
additional park land and additional park development fees may required in
accordance with the requirements in this Section.
The schedule of fees and required land dedications is attached hereto as Appendix
I and incorporated and made a part of this Section for all purposes. The
identification of park zones for neighborhood parks is as shown on City's
Recreation, Park and Open Space Master Plan referenced herein and incorporated
by reference.
2. Land Dedication
a. The amount of land to be dedicated for neighborhood park land purposes and
for community park purposes shall be as set forth in Appendix I.
The total amount of land dedicated for the development shall be dedicated to
the City in fee simple:
ORDINANCE NO. 315LA
Page 83
1) Prior to the issuance of any building permits for multi - family
development,
2) Concurrently with the final plat for a single phase development,
3) For a phased development the entire park shall be either platted
concurrently with the plat of the first phase of the development or
4) The developer may provide the City with financial security against the
future dedication by providing a bond, irrevocable letter of credit, or
other alternative financial guarantee such as a cash deposit in the
amount equal to the number of acres park land required and in a form
acceptable to the City. The amount of the financial guarantee shall be
the amount of fee in lieu of land dedication as set forth in Appendix I.
The financial guarantee will be released to the developer, without
interest, upon the filing of the final plat for the subsequent phase that
dedicates the required park land.
b. For development located within the extraterritorial jurisdiction of the City, the
dedication requirements of this Section may be met through the creation of
private parkland in the same amount required as set forth in Appendix I
provided the developer enters into a written agreement that all such private
parkland be dedicated to the City at the time of full purpose annexation into
the City and provided that any plat related to such development, is inscribed
with a notation regarding same.
3. Fee in Lieu of Land
In lieu of dedicating park land for neighborhood parks and for community parks, a
developer may request to meet some or all of the neighborhood park land
dedication requirements, and some or all of the community park land dedication
requirements through payment of a fee in lieu thereof in the amounts set forth in
Appendix I. Such fees shall be due at the same time as fees are due for final
platting or for issuance of a building permit, whichever occurs first..
4. City Final Approval
The City shall have the final authority in determining how much, if any, land or fee
may be accepted in lieu of required land dedication. The City may, from time to
time, require that a fee be submitted in lieu of land dedication in amounts as set
forth in Appendix I for either, both, some or all of neighborhood park land or
community park land dedication. Likewise, the City may, from time to time,
require that land be dedicated in amounts as set forth in Appendix I and that no
fee in lieu of land will be accepted.
S. Approval Process for Park Land Dedication
a. Land Dedications equal or exceeding five acres, and Dedications of Floodplains
and Greenways.
For any proposed required neighborhood park land dedication equaling or
exceeding five (5) acres of land or equaling or exceeding payment of a fee in
lieu thereof, for any proposed required community park land dedication
equaling or exceeding five (5) acres of land or equaling or exceeding the
payment of a fee in lieu thereof, or for any proposed land dedication
containing floodplain or greenway, the landowner must:
1) Obtain a recommendation from the Parks and Recreation Advisory
Board, and
2) Obtain approval from the Planning & Zoning Commission pursuant to the
Plat Review Section in Article 3 of this UDO.
ORDINANCE NO. 315LA Page 84
(a) The Planning and Zoning Commission shall consider the
recommendation from the Parks and Recreation Advisory Board
but may make a decision contrary to its recommendation by
majority vote.
b. Dedications of less than five acres not including floodplains or greenways.
For any proposed neighborhood park land dedication less than five (5) acre of
land or the payment of a fee in lieu thereof, for any proposed required
community park land dedication less than five (5) acres of land or the
payment of a fee in lieu thereof, or for any proposed land dedication
containing floodplain or greenway, the City Manager or his designee is
authorized to accept and approve same if the following criteria are met:
1) The proposed dedication or fee provides a sufficient amount of
neighborhood park land existing in the park zone of the proposed
development for required neighborhood park land dedication, or the
proposal provides a sufficient amount of community park land existing
for the proposed development for required community park land
dedication requirements, whichever applies;
2) Where the proposed dedication is insufficient for a neighborhood park
site or for a community park site under existing park design standards,
some or all of the dedication requirements may be in the form of a fee in
amounts as set forth in Appendix I;
3) Determination of acceptability of a proposed neighborhood park land
dedication and for a proposed community park land dedication is based
upon the City of College Station's Recreation, Park & Open Space Master
Plan, as may be amended from time to time; and
4) The proposed development of the neighborhood park or community park
is consistent with College Station's Recreation, Park & Open Space
Master Plan, as may be amended from time to time.
In making his decision, the City Manager or his designee may choose to
submit such application to the Parks and Recreation Advisory Board for its
recommendation. In such event, the City Manager shall consider such
recommendation but may make a decision contrary in accordance with the
criteria set forth herein.
6. Park Development Fee
In addition to the land dedication requirements for neighborhood parks and for
community parks, there are also park development fees established herein
sufficient to develop neighborhood parks and community parks in ways that meet
the City of College Station's Manual of Park Improvements Standards. The
amount of development fees assessed to a developer subject to this Section for
neighborhood and community parks is as shown in Appendix I. The process for
the approval and collection of development fees shall be the same as for the park
land dedication requirements to which the development relates, and shall be
processed simultaneously with the park land dedication requirements.
7. Construction of Park Improvements in Lieu of Development Fee
A developer may elect to construct required neighborhood park improvements
and /or community park improvements in lieu of paying the associated
development fees as set forth herein. In such event:
a. A park site plan, developed in cooperation with the Parks and Recreation
Department staff, must be submitted and approved by the Director of Parks
and Recreation Department or his designee and the Parks and Recreation
ORDINANCE NO. 3154
Page 85
Advisory Board upon submission of final plat or upon application for a building
permit, whichever is applicable.
b. Detailed plans and specifications for park improvements hereunder shall be
due and processed in accordance with the procedures and requirements
pertaining to public improvements for final plats and for building permits
issuance, whichever is applicable.
c. All plans and specifications shall meet or exceed the City's Manual of Park
Improvement Standards in effect at the time of the submission.
d. If the improvements are constructed on land that has already been dedicated
to and /or is owned by the City, then the Developer must post payment and
performance bonds to guarantee the payment to subcontractors and suppliers
and to guarantee the developer completes the work in accordance with the
approved plans, specifications, ordinances, other applicable laws.
e. The construction of all improvements must be completed in accordance with
the requirements relating to the construction of public improvements for final
plats and issuance of building permits, whichever is applicable. This includes
the guaranteeing performance in lieu of completing the park improvements
prior to final plat approval. Notwithstanding any other applicable ordinances,
park improvements should be completed within two years from the date of the
approval.
f. Completion and Acceptance - Park development will be considered complete
and a Certificate of Completion will be issued after the following requirements
are met:
1) Improvements have been constructed in accordance with the approved
plans,
2) All park land upon which the improvements have been constructed has
been dedicated as required under this Section; and
3) All manufacturers' warranties have been provided for any equipment
installed in the park as part of these improvements.
g. Upon issuance of a Certificate of Completion, the developer warrants the
improvements for a period of one (1) year as set forth in the requirements in
the City of College Station's Manual of Park Improvements Standards.
h. The developer shall be liable for any costs required to complete park
development if:
1) Developer fails to complete the improvements in accordance with the
approved plans; or
2) Developer fails to complete any warranty work.
S. Submitting Fee
Any fees required to be paid pursuant to this Section shall be remitted:
a. Prior to the issuance of any building permits for multi - family development; or
b. Upon the submission of each final plat for single family, duplex or townhouse
development.
9. Use of Fees
Fees may be used only for the acquisition or development of park facilities to
which they relate. For fees in lieu of neighborhood park land dedication, fees may
only be used for purchase and /or development of neighborhood parks located
within the same zone as the development. For fees in lieu of community park land
ORDINANCE NO. 3154 Page 86
dedication, fees may only be used for the purchase and /or development of
community parks.
10. Reimbursement for City Acquired Park Land
The City may from time to time acquire land for parks in or near an area of actual
or potential development. If the City does acquire park land in a park zone for a
neighborhood park or acquires park land for a community park, the City may
require subsequent dedications to be in fee -in lieu -of -land only. This will be to
reimburse the City for the cost(s) of acquisition.
D. Prior Dedication or Absence of Prior Dedication
If a dedication requirement arose prior to enactment or amendment of this Section,
subsequent development for the subject tract to which the dedication requirements
applies may be subject to vesting as set forth in Chapter 245 Texas Local Government
Code. Depending on the circumstances, additional dedication may be required for the
increase in dwelling units from what was originally proposed.
E. Comprehensive Plan Considerations
The City's Recreation, Park and Open Space Master Plan is intended to provide the Parks
and Recreation Advisory Board with a guide upon which to base its recommendations.
Because of the need to consider specific characteristics in the site selection process, the
park locations indicated on the Plan are general. The actual locations, sizes, and
number of parks will be determined when development occurs or when sites are
acquired by the City, including by donations.
Park zones for neighborhood parks are established by the City's Recreation, Park and
Open Space Master Plan as a component of the City's Comprehensive Plan, and indicate
service areas for neighborhood parks. Zone boundaries typically follow key topographic
features such as major thoroughfares, streams, city limit and ET] boundary lines. New
park zones may be created or existing zones amended pursuant to procedures for
amending the City's Recreation, Park and Open Space Master Plan as land acquisitions or
other circumstances dictate.
F. Special Fund; Right to Refund
1. All neighborhood park land dedication fees will be deposited in a fund referenced
to the park zone to which it relates. Community park land dedication fees will be
deposited in a fund referenced to community parks.
2. The City shall account for all fees in lieu of land and all development fees paid
under this Section with reference to the individual plat(s) involved. Any fees paid
for such purposes must be expended by the City within five (5) years from the
date received by the City for acquisition and /or development of a neighborhood
park or a community park as required herein. 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, computed on a square footage of area basis. The owners of such
property must request such refund within one (1) year of entitlement, in writing,
or such right shall be barred.
G. Park Land Guidelines and Requirements
Parks should be easy to access and open to public view so as to benefit area
development, enhance the visual character of the City, protect public safety and
minimize conflict with adjacent land uses. The following guidelines and requirements
shall be used in designing parks and adjacent development.
1. Any land dedicated to the City under this Section must be suitable for park and
recreation uses. The dedication shall be free and clear of any and all liens and
ORDINANCE NO. 315q
Page 87
encumbrances that interfere with its use for park purposes. The City Manager or
his designee shall determine whether any encumbrances interfere with park use.
Minerals may be reserved from the conveyance provided that there is a complete
waiver of the surface use by all mineral owners and lessees. A current title report
must be provided with the land dedication. The property owner shall pay all taxes
or assessments owed on the property up to the date of acceptance of the
dedication by the City. A tax certificate from the Brazos County Tax Assessor shall
be submitted with the dedication or plat.
2. Consideration will be given to land that is in the floodplain or may be considered
"floodable" even though not in a federally regulated floodplain as long as, due to
its elevation, it is suitable for park improvements. Sites should not be severely
sloping or have unusual topography which would render the land unusable for
recreational activities.
3. Land in floodplains or designated greenways will be considered on a three for one
basis. Three acres of floodplain or greenway will be equal to one acre of park
land.
4. Where feasible, park sites should be located adjacent to greenways and /or schools
in order to encourage shared facilities and joint development of new sites.
S. Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users and should be located to minimize users
having to cross arterial roadways to access them.
6. Where appropriate, sites with existing trees or other scenic elements is preferred.
7. Detention / retention areas may not be to meet dedication requirements, but may
be accepted in addition to the required dedication. If accepted as part of the park,
the detention / retention area design must meet specific parks specifications in the
City's Manual of Park Improvements Standards.
S. Where park sites are adjacent to greenways, schools, or existing or proposed
subdivisions, access ways may be required to facilitate public access to provide
public access to parks.
9. It is desirable that fifty percent (50 %) of the perimeter of a park should abut a
public street.
10. Community Parks should be accessible for major arterial streets so as to be
accessible by large groups of people from large surrounding areas.
H. Warranty Required
1. All materials and equipment provided to the City shall be new unless otherwise
approved in advance by the City Manager or his designee and that all work will be
of good quality, free from faults and defects, and in conformance with the designs,
plans, specifications, and drawings, and recognized industry standards. This
warranty, any other warranties express or implied, and any other consumer rights,
shall inure to the benefit of the City only and are not made for the benefit of any
party other than the City.
2. All work by the developer or landowner not conforming to these requirements,
including but not limited to unapproved substitutions, may be considered
defective.
3. This warranty is in addition to any rights or warranties expressed or implied by
law.
4. Where more than a one (1) year warranty is specified in the applicable plans,
specifications, or submittals for individual products, work, or materials, the longer
warranty shall govern.
ORDINANCE NO. 3154 Page 88
S. This warranty obligation may be covered by any performance or payment bonds
tendered in compliance with this Ordinance.
6. If any of the work performed by the developer or landowner is found or
determined to be either defective, including obvious defects, or otherwise not in
accordance with this ordinance, the designs, plans, drawings or specifications
within one (1) year after the date of the issuance of a certificate of Final
Completion of the work or a designated portion thereof, whichever is longer, or
within one (1) year after acceptance by the City of designated equipment, or
within such longer period of time as may be prescribed by law or by the terms of
any applicable special warranty required by this ordinance, developer shall
promptly correct the defective work at no cost to the City.
7. During the applicable warranty period and after receipt of written notice from the
City to begin corrective work, developer shall promptly begin the corrective work.
The obligation to correct any defective work shall be enforceable under this Code
of Ordinances. The guarantee to correct the defective work shall not constitute
the exclusive remedy of the City, nor shall other remedies be limited to the terms
of either the warranty or the guarantee.
S. If within twenty (20) calendar days after the City has notified developer of a
defect, failure, or abnormality in the work, developer has not started to make the
necessary corrections or adjustments, the City is hereby authorized to make the
corrections or adjustments, or to order the work to be done by a third party. The
cost of the work shall be paid by developer.
9. The cost of all materials, parts, labor, transportation, supervision, special
instruments, and supplies required for the replacement or repair of parts and for
correction of defects shall be paid by Developer, its contractors, or subcontractors
or by the surety.
10. The guarantee shall be extended to cover all repairs and replacements furnished,
and the term of the guarantee for each repair or replacement shall be one (1) year
after the installation or completion. The one (1) year warranty shall cover all
work, equipment, and materials that are part of the improvements made under
this Section of the ordinance.
APPENDIX I
PARK LAND DEDICATION AND DEVELOPMENT FEES
I. Neighborhood and Community Parks
A. Dedication Requirements for Neighborhood Parks
1. Land dedication per Dwelling Unit (DU)
Sinale Familv: One (1) Acre per 102 DUs
Multi - Familv: One (1) Acre per 125 DUs
2. Fee in lieu of land dedication per Dwelling Unit (DU)
Sinale Familv: $314 per DU
Multi - Familv: $256 per DU
3. Park development fee per Dwelling Unit (DU)
Sinale Familv: $764 per DU
ORDINANCE NO. 315LA
Multi - Familv: $622 per DU
4. Total neighborhood park fees per Dwelling Unit (DU)
Sinale Familv: $1,078 per DU
Multi - Familv: $878 per DU
B. Dedication Requirements for Community Parks
1. Land dedication per Dwelling Unit (DU)
Sinale Familv: One (1) Acre per 105 DUs
Multi - Familv: One (1) Acre per 129 DUs
2. Fee in lieu of land dedication per Dwelling Unit (DU)
Sinale Familv: $305 per DU
Multi - Familv: $248 per DU
3. Park development fee per Dwelling Unit (DU)
Sinale Familv: $638 per DU
Multi - Familv: $520 per DU
4. Total community park fees per Dwelling Unit (DU)
Sinale Familv: $943 per DU
Multi - Familv: $768 per DU
Part VI
Page 89
That Chapter 12, "Unified Development Ordinance," Section 11.2 "Defined Terms," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended by amending
said Section by adding the following terms alphabetically to the Section:
Alley: A minor public way which provides a secondary means of vehicular access to the abutting
property otherwise served from a public street.
Access Way: A public right -of -way not less than ten feet (10') in width between property lines, with a
paved sidewalk, which provides for pedestrian circulation.
Block: A tract or parcel of land designated as such on a duly recorded plat, surrounded by streets or
other physical obstructions.
City Council: The duly and constitutionally elected governing body of the City of College Station,
Texas.
City Engineer: The person employed as City Engineer of the City of College Station, Texas, or his
designee.
Comprehensive Plan: The City of College Station's Comprehensive Plan supplemented by any other
land use, thoroughfare or master plans as approved by City Council as adopted or amended from time
to time.
ORDINANCE NO. 3154 Page 90
Cul -de -Sac: A street having but one (1) outlet to another street and terminating on the other end in
a vehicular turnaround.
Dead End Street: A street, other than a cul -de -sac, with only one (1) outlet.