HomeMy WebLinkAbout12/16/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Tuesday, December 16, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the
posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary.
This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks
to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to
conclude your remarks. The City Council will receive the information, ask staff to look into the
matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the
City Manager.
ON BEHALF OF THE CITIZENS OF COLLEGE STATION, HOME OF TEXAS A&M UNIVERSITY, WE WILL
CONTINUE TO PROMOTE AND ADVANCE THE COMMUNITY 'S QUALITY OF LIFE.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a
public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item.
Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will
recognize individuals who wish to come forward to speak for or against the item. The speaker will
state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2
minutes to signal thirty seconds remaining for remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial
or "housekeeping" items required by law. Items may be removed from the consent agenda by majority
vote of the Council.
a. Presentation, possible action, and discussion on minutes for December 11, 2008.
b. Presentation, possible action, and discussion approving testing and inspecting contract #09-030
with CME Testing & Engineering, Inc. in the amount of $60,000.00 for the Twin Oaks Phase I
Construction Project.
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City Council Regular Meeting Page 2
Tuesday, December 16, 2008
c. Presentation, possible action, and discussion on a Professional Services Contract with Weston
Solutions, Inc., in the amount of $357,533.00, for the design of the South Knoll/The Glade
Rehabilitation Project.
d. Presentation, possible action, and discussion regarding award of two annual purchasing
agreements for polymer (dewatering chemical): Fort Bend Services, Inc. not to exceed $39,200;
and Atlantic Coast Polymer, Inc. not to exceed $172,560.
e. Presentation, possible action, and discussion to approve a real estate contract for a 321.48 acre
tract from Hanson Aggregates, Inc. in the amount of $1,044,810 for the Groundwater Wells 8, 9,
and 10 project, and approval of a resolution declaring intention to reimburse with proceeds from
debt.
f. Presentation, possible action, and discussion regarding approval of a resolution declaring
intention to reimburse certain expenditures with proceeds from debt for the Well #7 Collection Line
construction project.
g. Presentation, possible action, and discussion regarding action to ratify a change order for
Construction Contract 08-116 with Acklam Construction for the construction of the Memorial
Cemetery and the Aggie Field of Honor Project GG-9905 in the amount of $69,259.47.
h. Presentation, possible action, and discussion on the transportation funding options resolution
recommended by the Council Transportation Committee.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The
Mayor will recognize you to come forward to speak for or against the item. The speaker will state
their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to
signal thirty seconds remaining for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register
with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor
will recognize individuals who wish to come forward to speak for or against the item. The speaker
will state their name and address for the record and allowed three minutes. A timer alarm will sound at
2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is
closed, there shall be no additional public comments. If Council needs additional information from the
general public, some limited comments may be allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official
minutes as being in support or opposition to an agenda item, the individual may complete the
registration form provided in the lobby by providing the name, address, and comments about a city
related subject. These comments will be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 4”Business Regulations”, of the Code of Ordinances of the City of College Station,
requiring rental registration of single family and duplex dwelling units.
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City Council Regular Meeting Page 3
Tuesday, December 16, 2008
2.. Public hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 7 “Health & Sanitation”, of the Code of Ordinances of the City of College Station,
Texas implementing party host responsibilities in residential areas.
3. Public hearing, presentation, possible action, and discussion regarding an ordinance to delete
Chapter 9 of the City of College Station Code of Ordinances, Subdivisions, and an ordinance
amending Chapter 12 of the City of College Station Code of Ordinances, Unified Development
Ordinance (UDO), to incorporate Chapter 9 into Chapter 12 and make procedural changes and
other revisions.
4. Public hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 3 "Building Regulations", of the Code of Ordinances of the City of College Station,
Texas regulating the design, installation, and operation of landscape irrigation systems.
5. Public hearing, presentation, possible action and discussion on a Comprehensive Land Use Plan
amendment from Single Family Residential Medium-Density to Retail Neighborhood for 2.419
acres located at the southwest corner of State Highway 40 and Barron Road.
6. Presentation, possible action, and discussion of appointment to Zoning Board of Adjustments
and Planning and Zoning Commission.
7. Presentation, possible action, and discussion of the 2009 Council Meeting Calendar.
8. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will
be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas
will be held on the Tuesday, December 16, 2008 at 7:00 PM at the City Hall Council Chambers, 1101
Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 13th day of December, 2008 at 2:00 p.m.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the
City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and
correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station,
Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the
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Tuesday, December 16, 2008
general public at all times. Said Notice and Agenda were posted on December 13, 2008 at 2:00 pm
and remained so posted continuously for at least 72 hours preceeding the scheduled time of said
meeting.
This public notice was removed from the official posting board at the College Station City Hall on the
following date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2008 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2008.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service
must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989.
Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
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December 16, 2008
Consent Agenda Item 2B
BVSWMA CME Twin Oaks Phase I Testing and Inspecting Contract
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion approving testing and
inspecting contract #09-030 with CME Testing & Engineering, Inc. in the amount of
$60,000.00 for the Twin Oaks Phase I Construction Project.
Recommendation(s): Staff recommends approval of the testing and inspecting contract
with CME Testing & Engineering, Inc. based on their knowledge and previous experience at
the Twin Oaks Landfill site.
Summary: This resolution approving a testing and inspecting contract with CME Testing
& Engineering, Inc. will provide Construction Quality Assurance (CQA) Testing Services
during the Phase I Twin Oaks construction project. CME Testing & Engineering, Inc. will
ensure that construction materials and procedures are provided in compliance with project
plans and specifications. The Twin Oaks Landfill construction project will include the
development of the initial landfill disposal cell, evaporation pond, scale house, landfill
maintenance building, roadways, Alum Creek Bridge, and all associated infrastructure
features necessary to open the Type I landfill for the acceptance of municipal solid waste.
Additional site development features will include aerated septic systems for domestic
wastewater treatment and disposal, domestic water distribution system, communications,
security, fencing, interior roadways, and drainage appurtenances.
Budget & Financial Summary: Funding for this contract to CME Testing & Engineering,
Inc. is available in the BVSWMA Capital Improvements Fund. As BVSWMA is funded
through an inter-local agreement, both the Cities of Bryan and College Station are sharing
the cost of this project. As this contract is in excess of $50,000, it will require the
approval of the Bryan City Council.
Attachments:
1. Contract
5
Contract No. 09-030
12/8/08
Cities of College Station and Bryan, Texas
SHORT FORM PROFESSIONAL SERVICES CONTRACT
(Construction Quality Assurance Testing – Twin Oaks Landfill)
This Contract dated , is between the City of College Station, a Texas Municipal
Home-Rule Corporation and the City of Bryan, a Texas home-rule municipal corporation (the
―Cities‖) and CME Testing & Engineering, Inc., a Texas corporation (the ―Contractor‖),
whereby the Contractor agrees to provide the Cities with certain professional services as
described herein and the Cities agree to pay for those services.
ARTICLE I
Scope of Services
1.01 In consideration of the compensation stated in paragraph 2.01 herein below, the
Contractor agrees to provide the Cities with the professional services as described in Exhibit
“A”, the Scope of Services, which is incorporated herein by reference for all purposes, and which
services may be more generally described as follows: Construction Quality Assurance Testing at
the Twin Oaks Landfill (the ―Project‖).
ARTICLE II
Payment
2.01 In consideration of the Contractor’s provision of the professional services in compliance
with all terms and conditions of this Contract, the Cities shall pay the Contractor according to the
terms set forth in Exhibit “B.” Except in the event of a duly authorized change order, approved
by the Cities as provided in this Contract, the total cost of all professional services provided
under this Contract may not exceed Sixty Thousand and no/100 Dollars ($60,000.00).
ARTICLE III
Time of Performance
3.01 The Contractor shall complete work on all the professional services by the dates set forth
below in Exhibit ―A‖, Scope of Services.
3.02 Time is of the essence of this Contract. The Contractor shall be prepared to provide the
professional services in the most expedient and efficient manner possible in order to complete the
work by the times specified.
ARTICLE IV
Testing & Inspection
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Contract No. 09-030
12/8/08
4.01 The Contractor shall perform all standardized tests in the manner and method as specified
in the Scope of Services and in coordination with the Cities’ Project Manager and the Cities’
Project Inspectors.
4.02 When directed by Cities’ Staff, the Contractor shall conduct such investigations,
inspections and observations as are required to insure that, in the Contractor’s best judgment, the
work is in accordance with the Project requirements.
4.03 The Contractor shall report all test results and observation findings to the Cities in a
timely manner and not more than three (3) working days.
4.04 The Contractor and his designees shall be made available to conduct such tests and
observations as are required on four (4) hours verbal notice. In all cases, every attempt will be
made by the Cities to allow at least twenty-four (24) hours of notice of the need for services.
4.05 As an experienced and qualified design professional, the Contractor shall make visits to
the site to inspect the progress and quality of the specified work of the construction contractor
and his subcontractors and to determine if such work is proceeding in accordance with the
contract documents.
4.06 The Contractor shall keep the Cities informed of the progress and quality of the work.
The Contractor shall exercise the utmost care and diligence in discovering and promptly
reporting to the Cities any defects or deficiencies in such work and shall disapprove or reject any
work failing to conform to the contract documents.
4.07 The Contractor shall determine the acceptability of substitute materials and equipment
that may be proposed by any construction contractors or subcontractors
ARTICLE V
Change Orders & Documents & Materials
5.01 No changes shall be made, nor will invoices for changes, alterations, modifications,
deviations, or extra work or services be recognized or paid except upon the prior written order
from authorized personnel of the Cities. The Contractor shall not execute change orders on
behalf of the Cities or otherwise alter the financial scope of the Project.
5.02 Written change orders may be approved by both of the Cities’ Managers provided that the
change order does not increase the amount set forth in paragraph two of this Contract by more
than $25,000.00. Changes in excess of this amount must be approved by the governing bodies of
both Cities prior to commencement of the services or work. Any request by the Contractor for
an increase in the Scope of Services and an increase in the amount listed in Article II of this
Contract shall be made and approved by the Cities prior to the Contractor providing such
services or the right to payment for such additional services shall be waived.
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Contract No. 09-030
12/8/08
5.03 The Contractor shall furnish to each of the Cities (2) sets of testing and/or observation
reports and/or two (2) sets of plans and specifications. It is hereby agreed that additional copies
of any of the foregoing shall be provided to the Cities at the Cities’ expense. It is agreed that the
foregoing documentation and the Contractor's other work product information in the Contractor’s
possession concerning the Project shall be the property of the Cities of College Station and Bryan
from the time of preparation.
ARTICLE VI
Warranty, Indemnification, & Release
6.01 As an experienced and qualified design professional, the Contractor warrants that the
information provided by the Contractor reflects high professional and industry standards,
procedures, and performances. The Contractor warrants the performance of services under this
Contract, pursuant to a high standard of performance in the profession. The Contractor warrants
that the Contractor will exercise diligence and due care and perform in a good and workmanlike
manner all of the services pursuant to this Contract. Approval by the Cities shall not constitute,
or be deemed, a release of the responsibility and liability of the Contractor, its employees, agents,
or associates for the exercise of skill and diligence to promote the accuracy and competency of
their tests, observations and reports, nor shall the Cities approval be deemed to be the assumption
of responsibility by the Cities for any defect or error in the aforesaid documents prepared by the
Contractor, its employees, associates, agents, or subcontractors.
6.02 The Contractor shall promptly correct any defective designs or specifications furnished by
the Contractor at no cost to the Cities. The Cities’ approval, acceptance, use of, or payment for,
all or any part of the Contractor's services hereunder or of the Project itself shall in no way alter
the Contractor's obligations or the Cities' rights hereunder.
6.03 In all activities or services performed hereunder, the Contractor is an independent
contractor and not an agent or employee of the Cities. The Contractor and its employees are not
the agents, servants, or employees of the Cities. As an independent contractor, the Contractor
shall be responsible for the professional services and the final work product contemplated under
this Contract. Except for materials furnished by the Cities, the Contractor shall supply all
materials, equipment, and labor required for the professional services to be provided under this
Contract. The Contractor shall have ultimate control over the execution of the professional
services. The Contractor shall have the sole obligation to employ, direct, control, supervise,
manage, discharge, and compensate all of its employees or subcontractors, and the Cities shall
have no control of or supervision over the employees of the Contractor or any of the Contractor’s
subcontractors.
6.04 The Contractor must at all times exercise reasonable precautions on behalf of, and be
solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and
other persons, as well as their personal property, while in the vicinity of the Project or any of the
work being done on or for the Project. It is expressly understood and agreed that the Cities shall
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Contract No. 09-030
12/8/08
not be liable or responsible for the negligence of the Contractor, its officers, employees, agents,
subcontractors, invitees, licensees, and other persons.
6.05 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless the
Cities, their officers, employees, and agents (separately and collectively referred to in this
paragraph as “Indemnitee”), from and against any and all claims, losses, damages, causes
of action, suits, judgments, settlements made by Indemnitee, and liability of every kind,
including all expenses of litigation, court costs, attorney's fees, and other reasonable costs
for damage to or loss of use of any property, for injuries to, or sickness or death of any
person, including but not limited to Contractor, any of its subcontractors of any tier, or of
any employee or invitee of Contractor or of any such subcontractors, that is caused by,
arises out of, related to, or in connection with, any work or operations performed by
Contractor or by any such subcontractors of any tier, under this Contract. This indemnity
shall apply even though such damage, loss, injury, sickness, or death is caused in whole or
in part by any defect in or condition of any area, facilities, equipment, tools, or oth er items
that may be provided by Indemnitee, whether or not such defect or condition was known to
Indemnitee. This indemnity shall apply regardless of whether or not any such damage,
loss, injury, sickness, or death is contributed to by the negligence or fault of Indemnitee.
However, in the event of such contributory negligence or other fault of Indemnitee, then
Indemnitee shall not be indemnified hereunder in the proportion that the Indemnitee’s
negligence or other fault caused any such damage, loss, injury, sickness, or death. Both the
Cities and the Contractor expressly intend that the indemnity provided hereunder is
indemnity by the Contractor to indemnify and protect the Cities from the consequences of
Indemnitee’s own negligence while the Cities is participating in the Project, except that the
Contractor will indemnify Indemnitee only for that pro rata portion (based on the percent
of negligence) of any such damage, loss, injury, sickness, or death that was not caused by
the negligence of Indemnitee. Furthermore, the indemnity provided for in this paragraph
shall have no application to any damages, loss, injury, sickness, or death resulting from the
sole negligence of Indemnitee, unmixed with the fault of any other person or entity.
6.06 Release. The Contractor releases, relinquishes, and discharges the Cities, its
officers, agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to, sickness or death of
the Contractor or its employees and any loss of or damage to any property of the
Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is
in connection with the Contractor's work to be performed hereunder. Both the Cities and
the Contractor expressly intend that this release shall apply regardless of whether said
claims, demands, and causes of action are covered, in whole or in part, by insurance and in
the event of injury, sickness, death, loss, or damage suffered by the Contractor or its
employees, but not otherwise, this release shall apply regardless of whether such loss,
damage, injury, or death was caused in whole or in part by the Cities, any other party
released hereunder, the Contractor, or any third party.
ARTICLE VII
Insurance
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Contract No. 09-030
12/8/08
7.01 The Contractor agrees to maintain the types and amounts of insurance required in this
Contract throughout the term of the Contract per Exhibit C.
ARTICLE VIII
Miscellaneous Terms
8.01 At any time, the Cities may terminate the Project for convenience. At such time, the
Cities shall notify the Contractor, who shall cease work immediately. The Contractor shall be
compensated for the services performed.
8.02 This Contract has been made under and shall be governed by the laws of the State of
Texas. The parties agree that performance and all matters related thereto shall be in Brazos
County, Texas.
8.03 Notices shall be mailed to the addresses designated herein or as may be designated in
writing by the parties from time to time and shall be deemed received when sent postage prepaid
U.S. Mail to the following addresses:
The City of College Station
Attn: Pete Caler, BVSWMA Executive Director
P.O. Box 9960
College Station, Texas 77842
(979)764-3878
and
City of Bryan, Texas
Attn: Linda Huff, Public Works Director
P.O. Box 1000,
Bryan Texas 77805
The Contractor:
CME Testing & Engineering, Inc.
Attn: M. Frederick Conlin, P.E.
1806 Welsh, Suite C
College Station, Texas 77840
(979)764-8700
8.04 No waiver by either party hereto of any term or condition of this Contract shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
8.05 This Contract represents the entire and integrated agreement between the Cities and the
Contractor and supersedes all prior negotiations, representations, or agreements, either written or
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Contract No. 09-030
12/8/08
oral. This Contract may only be amended by written instrument approved and executed by the
parties.
8.06 This Contract and all rights and obligations contained herein may not be assigned by the
Contractor without the prior written approval of the Cities.
8.07 The Contractor, its agents, employees, and subcontractors must comply with all
applicable federal and state laws, the charter and ordinances of the Cities of College Station, and
with all applicable rules and regulations promulgated by local, state, and national boards,
bureaus, and agencies. The Contractor must obtain all necessary permits and licenses required in
completing the work and providing the services required by this Contract.
8.08 The parties acknowledge that they have read, understood, and intend to be bound by the
terms and conditions of this Contract.
[CME Testing & Engineering, Inc] CITY OF COLLEGE STATION
By: By:
Printed Name: Mayor
Title:
Date: Date:
ATTEST:
City Secretary-City of College Station
Date:__________________
APPROVED:
City Manager –City of College Station
Date:__________________
City Attorney -City of College Station
Date: _________________
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Contract No. 09-030
12/8/08
Chief Financial Officer-City of College
Station
Date: _________________
CITY OF BRYAN, TEXAS
Mayor of the City of Bryan, Texas
ATTEST:
City Secretary- City of Bryan
Date:__________________
APPROVED:
City Manager-City of Bryan
Date:__________________
City Attorney -City of Bryan
Date: _________________
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of
, 20 , by in his/her capacity as
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Contract No. 09-030
12/8/08
of , a Texas Corporation, on
behalf of said corporation.
Notary Public in and for
the State of Texas
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of
, 20 , by ____________________, in his capacity as Mayor of the City of
College Station, a Texas home-rule municipality, on behalf of said municipality.
Notary Public in and for
the State of Texas
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Contract No. 09-030
12/8/08
Exhibit A
Scope of Services
CME Testing & Engineering, Inc. (CME) is pleased to submit this proposal to the Cities of Bryan and
College Station general construction materials testing services related to the Stage I Construction Project
of the proposed Twin Oaks Landfill Facility. The proposed municipal solid waste (MSW) facility will be
located on State Highway 30 in Grimes County, Texas. The scope of services for the project has been
developed to address materials testing services and will include the following work task:
Construction Quality Assurance (CQA) Testing Services that will be provided during
construction to ensure that construction materials and procedures are provided in compliance
with project plans and specifications. The type and frequency of testing will be determined
and conducted in accordance with the contract documents for the project.
The following sections of this proposal present a brief discussion of each of the tasks that have been
identified by CME for the proposed project. Costs associated with this effort have also bee n developed
and are presented for your consideration.
1. Background Information
The subject of this proposal is the construction of general infrastructure and other items associated with
the proposed Twin Oaks Landfill facility. Specifically, the Twin Oaks Landfill Stage I construction
project will include the development of the initial landfill disposal cell, evaporation pond, scale house,
landfill maintenance building, roadways, Alum Creek Bridge, and all associated infrastructure features
necessary to open the Type I landfill for the acceptance of MSW. Additional site development features
will include aerated septic systems for domestic wastewater treatment and disposal, domestic water
distribution system, communications, security, fencing, interior roadways, and drainage appurtenances.
2. Scope of Services
The following scope of services will be conducted in close association with the engineering design firm
for the project, HDR Engineering, Inc. (HDR) as well as the Cities of Bryan and College Station.
CONSTRUCTION QUALITY ASSURANCE TESTING SERVICES
CME will provide onsite CQA testing services for the various stages of infrastructure construction. .
CME is a materials testing laboratory located in College Station, Texas, and has a wide range of
experience in areas of materials engineering evaluation and testing. CME technicians are certified in the
areas of soils, concrete, and asphalt testing and apply local knowledge of soil conditions and construction
materials to ensure compliance with project specifications.
CME uses various techniques to provide clients with quantifiable results on the durability, strength, and
characteristics of materials used to build structural elements. Prior to the initiation of any construction
activities, CME will conduct a detailed review of the construction plans to develop a comprehensive
understanding of all aspects of the construction materials testing of the project and will then develop a
CQA program necessary to assure compliance with the project plans and specifica tions. A brief
discussion of the general components of the proposed construction materials testing aspects of the
various types of materials anticipated to be associated with the project is presented in the following
subsections.
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Contract No. 09-030
12/8/08
A. Structural Fill, Subgrade, and Backfill Soils
An important aspect of the project will be to ensure suitability of the characteristics of the soils used as
construction materials and to monitor placement of these soils beneath structural components of the
proposed project, including the following: roadways; ground supported foundations; and equipment
areas. This will typically entail an evaluation of the proposed structural fill soils, a determination of the
need for moisture adjustment, suggested alterations in construction equi pment and procedures to achieve
project standards, an evaluation of the need for drainage, undercutting, stabilization or addition of
geosynthetics (if warranted), and an overview of earth grading activities.
The CQA services will include fill placement monitoring, density testing, and general geotechnical
observations during construction. These services are performed during both excavation and placement
activities and serve the purpose of qualifying all load bearing surfaces or areas as being in accordance
with the project requirements and/or able to provide the necessary bearing for support of each component
of the project. A general discussion of services that will be provided relative to quality assurance of
structural fill, subgrade, and backfill soils is presented for review.
Subgrade Evaluation – Geotechnical observations will be made to ensure that structural
components of the project will be constructed on suitable subgrade materials as indicated in
the construction documents prior to placement of structural fill. The observations will
typically include proof rolling procedures designed to identify weak or undesirable soils that
may need to be addressed prior to placement of structural fill soils.
Fill Source Evaluation/Suitability – Onsite and offsite fill or borrow areas will be evaluated
to determine material properties, characteristics, and suitability for its intended use.
Laboratory tests will be performed in order to classify the foundation soils in accordance
with the Unified Soil Classification System (ASTM D 2487). The Atterberg limit
determinations will consist of the Liquid Limit test and the Plastic Limit test and will be
performed in general accordance with the procedures outlined in ASTM D 4318. In addition
to the selected Atterberg limit tests, grain-size distribution tests will also be performed. The
percent of soil particles passing the U.S. Standard sieve size No. 200 (ASTM D 1140) will
also be determined for proposed borrow soils.
Fill Placement Monitoring – Visual monitoring of fill placement lifts will be made to ensure
that materials and placement procedures are in accordance with project soil reports and/or
specifications. Emphasis will be directed to lift thicknesses particularly in areas near the
Alum Creek Bridge where relatively thick fill depths will be necessary to establish final
design grades.
Density Testing – The quality of material placement will be evaluated in the field by use of a
nuclear densometer. The field results will be compared to applicable optimum moisture
content and in-place density for structural fill soils.
Pier Installation Documentation – Observations will be made to installation of deep
foundation elements for the Alum Creek Bridge, Maintenance Building, and scale house. We
anticipate that the observations will include verification of pier founding depth and bearing
stratum, cleanliness and alignment of the excavation, and verification of reinforcing steel
placed in the excavation prior to concrete placement to verify compliance with the project
requirements and/or geotechnical engineering report.
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Contract No. 09-030
12/8/08
B. Structural Concrete for Foundations and Roadways
Concrete quality assurance will include an evaluation of concrete batching equipment, trucks, and curing
procedures. This will include sampling concrete for air content, slump, temperature, and unit weight;
making cylinders for compressive strength tests; evaluating and providing recommendations for special
materials (such as grouts and lightweight concretes); and observing concrete placement.
The structural concrete will be evaluated and tested to ascertain that all specified conditions meet the
acceptable criteria specified for the project. This is achieved by visual, mechanical, nondestructive, or
destructive methods. Tests are performed in accordance with the American Concrete Institute (ACI),
American Society for Testing and Materials (ASTM), and American Association of State and
Transportation Officials (AASHTO) testing procedures. A general discussion of services that will be
provided relative to quality assurance of structural concrete for foundations and roadways is presented
for review.
Batch Plant Evaluation and Quality Control – Prior to placement of any concrete the selected
batch plant will be visited to evaluate batching procedures, aggregate storage, plant CQA
procedures, and condition of delivery fleet.
Reinforcing Steel Placement – Placement of reinforcing steel is verified for size, quantity,
spacing and clearance in the concrete forms prior to the placement of concrete . A
comprehensive evaluation of the forms and subgrade conditions is also performed prior to
placement of structural concrete.
Concrete Placement – Testing services during the placement of concrete and evaluation of
the fresh properties of concrete will be conducted to verify conformance to the project plans
and specifications. Field testing of concrete will include slump, air content, temperature,
yield, unit weight, water-cement ratio, in addition to the casting of concrete cylinders/beams
for compressive/flexural strength.
Compressive Strength Testing – Laboratory testing of concrete specimens is performed to
determine the compressive strength of the concrete in accordance with ASTM specifications.
Pre-Cast Concrete Fabrication – An evaluation of pre-cast facilities may also be conducted to
verify that quality control procedures are adhered to and construction methods/techniques are
in accordance with project requirements for prestressed elements of the Alum Creek Bridge.
These services will be coordinated and scheduled through the general contractor for the
project.
C. Asphaltic Concrete Pavement
The hot-mix asphaltic concrete (HMAC) testing services will be conducted to ensure that the asphalt
pavement system is constructed in accordance with the project construction plans. These services will at
a minimum include an evaluation of asphalt mix designs, aggregate gradation, asphalt content, bulk
specific gravity, stability and flow, and field quality control to monitor temperature, lift thickness, and
compaction.
A general discussion of services that will be provided relative to quality assurance of HMAC pavement is
presented for review.
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Contract No. 09-030
12/8/08
Asphalt Mix Designs – Asphalt mix designs will be used to establish job mix formulas
necessary to provide quality assurance of the asphaltic concrete mix.
Asphalt Placement – During placement initial emphasis will be given to establishing a rolling
pattern to determine compaction procedures necessary to achieve the specified range of air
voids in the compacted mix. Tests will also be performed to evaluate in-place densities and
lay-down temperature.
Daily reports will be generated for all field and laboratory tests conducted as part of the quality assurance
program. All test results are reviewed and approved by the Labor atory Manager, and the appropriate
Project Manager.
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Contract No. 09-030
12/8/08
Exhibit B
Payment Terms
Compensation is based on actual hours of work/time devoted to providing the described
professional services. The Contractor will be paid at the rates per service or employee shown
below. The City will reimburse the Contractor for actual, non-salary expenses at the rates set
forth below. Unless amended by a duly authorized written change order, the total payment for all
invoices on this job, including both salary and non-salary expenses, shall not exceed the amount
set forth in paragraph 1.03 of this Contract ($60,000.00).
The Contractor must submit monthly invoices to the City, accompanied by an
explanation of charges, professional fees, services, and expenses. The City will pay such
invoices according to its normal payment procedures.
APPENDIX A
FEE SCHEDULE OF LABOR RATES FOR
PROFESSIONAL, TECHNICAL, AND SUPPORT PERSONNEL
Professional, technical, and support staff utilized for sample analyses, evaluations, studies, project
planning, coordination, consultation and report preparation, and other required Client services, are billed
by personnel charged directly to the project at the rate indicated below:
Job Category Hourly Fee
Senior Scientist/Engineer II 85
Senior Scientist/Engineer I 75
Project Scientist/Engineer II 70
Project Scientist/Engineer I 65
Staff Scientist/Engineer II 55
Staff Scientist/Engineer I 45
Project Technician 40
Technical Drafting 40
Staff Technician 40
Production 40
Technical Assistant 35
All salary schedules may be, with thirty (30) days written notice to Client, supplemented and revised
from time to time to allow Consultant to attract and retain competent personnel for the performance of
the work.
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Contract No. 09-030
12/8/08
APPENDIX B
OFFICE COST, EXPENSES, RATE SCHEDULE, THIRD PARTY SERVICES,
AND TRAVEL POLICY
In addition to any other fee schedules or cost schedules appended to the Contract, the following services
are reimbursable at the rate shown:
I. Reproduction and Photography:
a. Blueline (per square foot) .25
b. Photocopy cost (per page) .10
c. Binding—cost
d. Outside reproduction work—cost plus 15%
e. Special forms, printing, special engineering services, model supplies —cost plus 15%
f. Photography—cost plus 15%
II. Graphics:
a. Labor plus per plot charge:
1. 8 1/2" x 11" print/plot 10.00
2. 11" x 17" print/plot 20.00
3. 24" x 36" print/plot 15.00
4. 36" x 48" print/plot 25.00
5. Duplicate print/plots 5.00
b. Document covers (each) 3.00
III. Communications, Shipping, and Mileage:
a. Telephone (long distance conference calls)—cost plus 15%
b. Express charges and shipping charges—cost plus 15%
c. Consultant vehicles—0.55 per mile
This rate schedule may be, with thirty (30) days written notice to Client, revised in accordance with any and all changes in
Federal/State/Local laws, ordinances, and policies, as well as changes in local labor requirements reflecting the ability of
Consultant and its subcontractors, if any, to attract and maintain the necessary work force.
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Contract No. 09-030
12/8/08
APPENDIX C
SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES
Field Operations - Subcontract Rate
1.00 Mobilization
1.01 Mobilize men and truck-mounted drilling equipment - per mile 4.60
1.02 Mobilize men and ATV-mounted drilling equipment - per mile 5.75
1.10 Drilling and Sampling
1.11 Drilling – Truck-Mounted Drill Rig - per ft 10.35
1.12 Drilling – ATV-Mounted Drill Rig- per ft 10.30
1.13 Coring in rock - Soft rock - per ft 21.00
1.14 Coring in rock - Hard rock - per ft 2500
1.20 Conditional Charges
2.31 Standby and trip time - per hour 125.00
2.32 Expended drilling materials - cost plus 15%
2.33 Mud, grout, or casing - cost plus 15%
2.34 Boring location survey - cost plus 15%
2.35 Rental of access equipment - cost plus 15%
2.36 Trip charge - cost plus 15%
Laboratory Soil Tests
2.00 Classification Tests
2.01 Moisture Content (ASTM D 2216) 5.75
2.02 Liquid and Plastic Limits (ASTM D 4318) 28.00
2.03 Linear Bar Shrinkage (ASTM D 427) 17.00
2.04 Unit Weight 8.00
2.05 Specific Gravity (ASTM D 854) 25.00
2.06 Dry Sieve Analysis (ASTM D 422) - per sieve 17.00
2.07 Wet Sieve Analysis (ASTM D 422) - per sieve 17.00
2.08 Hydrometer Analysis (ASTM D 422) 100.00
2.10 Material Characteristics
2.11 Permeability, BP saturation EM 1110-2-1906, (ASTM D 5084) 150.00
2.12 Resistivity (Tex-129-E) 20.00
2.13 Wet Ball Mill (Tex-116-E) 100.00
2.14 Lime Series (LMO) (ASTM D 3668), 3 per set 60.00
2.15 Soil/Cement or Fly Ash Series (ASTM D 1632) 300.00
2.16 Pinhole Test (ASTM D 4647) 60.00
2.17 Crumb Test 5.00
2.18 Phenolphthalein Test 10.00
2.19 pH Determination (ASTM D 2976) 10.00
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Contract No. 09-030
12/8/08
APPENDIX C (CONTINUED)
SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES
Laboratory Soil Tests (Continued) Rate
2.20 Strength Tests
2.21 Hand Penetrometer or Torvane 1.00
2.22 Unconfined Compression (ASTM D 2166) (only) 20.00
2.23 Unconfined Compression (ASTM D 2166), with Moisture and Dry Unit Wt. 29.00
2.24 UU-Triaxial (ASTM D 2850) (single stage) 115.00
with sample preparation (per stage) 20.00
2.25 UU-Triaxial (ASTM D 2850) (multi-stage) 230.00
with sample preparation (per stage) 20.00
2.26 CU-Triaxial (ASTM D 4767) (w/pore pressure measurements) 275.00
with sample preparation (per stage) 20.00
2.27 Direct Shear (ASTM D 3080) 125.00
2.28 Texas Triaxial (TEX-117-E), 3 per set 250.00
2.29 California Bearing Ratio (CBR) (ASTM D 1883), 3 per set 600.00
2.30 Volume Change Tests
2.31 Absorption Pressure-Swell 175.00
2.32 Consolidation (ASTM D 2435) 250.00
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Contract No. 09-030
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Exhibit C
Certificate(s) of Insurance
Insurance Requirements
1. The Contractor agrees to maintain the types and amounts of insurance required in this Contract throughout
the term of the Contract. The following insurance policies shall be required:
(a) Commercial General Liability
(b) Business Automobile Liability
(c) Workers' Compensation
(d) Professional Liability
2. For each of these policies, the Contractor's insurance coverage shall be primary insurance with respect to
the Cities, its officials, employees and volunteers. Any insurance or self-insurance maintained by the Cities, its
officials, employees or volunteers, shall be considered in excess of the Contractor's insurance and shall not
contribute to it. Certificates of insurance and endorsements shall be furnished to and approved by the Risk
Managers of the Cities before any letter of authorization to commence planning will issue or any work on the Project
commences. No term or provision of the indemnification provided by the Contractor to the Cities pursuant to this
Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All
Certificates of Insurance and endorsements shall be furnished to the Representatives of the Cities at the time
of execution of this Agreement, attached hereto as Exhibit “D”, and approved by the Cities before work
commences.
3. The Contractor shall include all subcontractors as additional insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
4. General Requirements Applicable to All Policies.
(a) Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.
(b) Deductibles shall be listed on the certificate of insurance and are acceptable only on a "per
occurrence" basis for property damage only.
(c) "Claims made" policies will not be accepted, except for Professional Liability insurance.
(d) Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written
notice has been given each of the Cities of College Station and Bryan by certified mail, return
receipt requested.
(e) Upon request, certified copies of all insurance policies shall be furnished to the Cities.
(f) The certificates of insurance shall be prepared and executed by the insurance company or its
authorized agent. Each certificate shall contain the following provisions and warranties: (a) that
the insurance company is licensed and admitted to do business in the State of Texas; (b) that the
insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO;
(c) all endorsements and coverages according to the requirements of this Contract; (d) the form of
notice of cancellation, termination, or change in coverage provisions; and (e) original
endorsements affecting coverage required by this Contract.
(g) The Cities, their officials, employees, and volunteers are to be added as "Additional Insureds" to
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Contract No. 09-030
12/8/08
the Commercial General Liability and Business Automobile Liability Policies. The coverage shall
contain no special limitations on the scope of protection afforded to the Cities, their officials,
employees, and volunteers.
5. Commercial (General) Liability requirements:
(a) Coverage shall be written by a carrier with an "A+:VIII" or better rating in accordance with the
current Best Key Rating Guide.
(b) Minimum Combined Single Limit of $1,000,000 per occurrence per project for bodily injury and
property damage with a $2,000,000 annual aggregate limit.
(c) Coverage shall be at least as broad as Insurance Service's Office Number CG 00 01.
(d) No coverage shall be deleted from the standard policy without notification of individual exclusions
being attached for review and acceptance.
(e) The coverage shall include but not be limited to: premises/operations; independent contracts,
products/completed operations, contractual liability (insuring the indemnity provided herein), and
where exposures exist, ―Explosion Collapse and Underground‖ coverage.
(f) The Cities shall be named as an additional insured and the policy shall be endorsed to waive
subrogation and to be primary and non contributory.
6. Business Automobile Liability requirements:
(a) Coverage shall be written by a carrier with an "A+:VIII" or better rating in accordance with the
current Best Key Rating Guide.
(b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property
damage.
(c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability
section in Item 2 of the declarations page.
(d) The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired
autos.
7. Workers' Compensation Insurance requirements:
(a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas
Administrative Code, all employees of the Contractor, the Contractor, all employees of any
and all subcontractors, and all other persons providing services on the Project must be
covered by a workers’ compensation insurance policy: either directly through their
employer’s policy (the Contractor’s, or subcontractor’s policy) or through an executed
coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not
have his or her own policy and a coverage agreement is used, Contractors and
subcontractors must use that portion of the form whereby the hiring contractor agrees to
provide coverage to the employees of the subcontractor. The portion of the form that would
otherwise allow them not to provide coverage for the employees of an independent
contractor may not be used.
(b) The worker’s compensation insurance shall include the following terms:
(i) Employer's Liability limits of $1,000,000 for each accident is required.
(ii) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall
be included in this policy and shall waive all rights of subrogation against Cities, their
officials, employees, and volunteers.
(iii) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must
contain the following: All States except those listed in Item 3A and the States of NV,
ND, OH, WA, WV, and WY.
(c) Pursuant to the explicit terms of Title 28, Section 110.110(c)(7) of the Texas Administrative Code, this Agreement, the bid
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Contract No. 09-030
12/8/08
specifications, this Agreement, and all subcontracts on this Project must include the terms and conditions set forth below, w ithout any
additional words or changes, except those required to accommodate the specific document in which they are contained or to imp ose stricter
standards of documentation:
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Contract No. 09-030
12/8/08
A. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage
agreement (TWCC-81, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and acce pted by the governmental
entity.
Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor
Code]) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, that meets the statutory requiremen ts of
Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during
the duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(2) no later than seven calendar days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the Contractor knew or should have known, or any change
that materially affects the provision of coverage of any person providing services on the project.
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Contract No. 09-030
12/8/08
H. The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
I. The Contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(2) provide to the Contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on the project, for the duration of the project;
(3) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing ser vices on the
project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by workers' compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-
Insurance Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor that entitles the governmental entity to declare the contract void if the Contractor does
not remedy the breach within ten calendar days after receipt of notice of breach from the
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Contract No. 09-030
12/8/08
governmental entity.
8. Professional Liability requirements:
(a) Coverage shall be written by a carrier with an "A+:VIII" or better rating in accordance with the
current Best Key Rating Guide.
(b) Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of
$10,000.00.
(c) Coverage must have an Extended Reporting Period Endorsement to be maintained for two (2)
years after the expiration of the term or termination of this Contract.
27
December 16, 2008
Consent Agenda Item 2C
Project Numbers: STWOC & WTWOC
South Knoll/The Glade Rehabilitation Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Weston Solutions, Inc., in the amount of $357,533.00, for the design of the
South Knoll/The Glade Rehabilitation Project.
Recommendation(s): Staff recommends approval of the professional services
contract.
Summary: The South Knoll/The Glade Rehabilitation Project consists of the replacement
of water and wastewater lines in the area bounded by Haines, Southwest Parkway, Glade
and Langford. Water lines to be replaced were identified by Water Utilities and the Freese &
Nichols Southside Water study published in July 2003. The wastewater lines to be replaced
were identified by Wastewater Utilities and identified by the CDM Capacity/Infiltration/Inflow
Management Project 2002-2003 Sanitary Sewer Evaluations. There are also minor sidewalk
repairs along Glade that will be included in the project.
Budget & Financial Summary: The total budget for the South Knoll/The Glade Project is
$2,940,400.00. Of this amount $1,725,000.00 is budgeted from the Water Utilities Fund
and $1,215,400.00 is budgeted from the Wastewater Utilities Fund. That the funding for
this Contract shall be as budgeted from the Water Utility Fund in the amount of
$210,810.00 and from the Wastewater Utility Fund in the amount of $146,723.00. This
leaves a balance of $2,582,867.00 remaining in the project budget.
Attachments:
1.) Resolution
2.) Project Location Map
28
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, SELECTING A PROFESSIONAL CONTRACTOR, APPROVING A
PROFESSIONAL SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE
OF FUNDS FOR THE SOUTH KNOLL/THE GLADE PROJECT.
WHEREAS, the City of College Station, Texas, solicited proposals for the design and
engineering for the South Knoll/The Glade Project; and
WHEREAS, the selection of Weston Solutions, Inc.is being recommended as the most highly
qualified provider of the engineering and design services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:That the City Council hereby finds that Weston Solutions, Inc.is the most highly
qualified provider of the services for the South Knoll/The Glade Project on the
basis of demonstrated competence and qualifications.
PART 2:That the City Council hereby approves the contract with Weston Solutions Inc.for an
amount not to exceed $357,533.00 for the engineering and design services related to
the South Knoll/The Glade Project.
PART 3:That the funding for this Contract shall be as budgeted from the Water Utility Fund
in the amount of $210,810.00 and from the Wastewater Utility Fund in the amount
of $146,723.00.
PART 4:That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST:APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
29
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South Knoll/The Glade Rehabilitation
Project Location Map
30
NEW COVERSHEET FORMAT EXAMPLE 1
December 16, 2008
Consent Agenda Item 2D
Annual Purchase Agreement for Polymer
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding award of two
annual purchasing agreements for polymer (dewatering chemical): Fort Bend Services, Inc.
not to exceed $39,200; and Atlantic Coast Polymer, Inc. not to exceed $172,560.
Recommendation: Staff recommends award of these annual purchasing agreements.
Summary: Polymer is a chemical that aids in the separation of solids from wastewater. It
concentrates the solids in wastewater sludge for efficient treatment, allowing the removal of
excess water for treatment and disposal. Three separate processes use polymer for solids
removal:
Ø Carters Creek WWTP thickening process
Ø Carters Creek WWTP centrifuge process
Ø Lick Creek WWTP centrifuge process.
Invitation to bid #08-83 received bids from three vendors. Performance trials were
conducted with products from all three companies. The products that were most cost
effective in these trials result in the following projected annual costs:
Ø Fort Bend Services’ projected annual cost for the Carters Creek WWTP thickening
process was $39,200.
Ø Atlantic Coast Polymer’s projected annual cost for the Carters Creek WWTP
centrifuge process was $137,520.
Ø Atlantic Coast Polymer’s projected annual cost for the Lick Creek WWTP centrifuge
process was $35,040.
Staff requests Council approval to award purchase agreements to these two companies.
Budget & Financial Summary: Wastewater Operating funds are budgeted and available
for the anticipated amount of polymer usage.
Attachment:
Bid Summary
31
2009 Polymer Bid Summary
Carter’s Creek Centrifuge Projected Annual Polymer Cost
Ø Atlantic Coast Polymer, Inc. ACP-320 $137,520.00
· Ciba Corporation Zetag 7553 $161,130.00
· Atlantic Coast Polymer, Inc. ACP-300 $171,490.00
· Ciba Corporation Zetag 7557 $175,880.00
· Fort Bend Services, Inc. FBS C9373 $178,530.00
· Fort Bend Services, Inc. FBS 13081 $196,130.00
· Fort Bend Services, Inc. FBS 480 $200,180.00
Carter’s Creek Thickener Projected Annual Polymer Cost
Ø Fort Bend Services, Inc. FBS7802 $39,200.00
· Ciba Corporation Zetag 8848FS $42,440.00
· Ciba Corporation Zetag 8849FS $43,510.00
· Fort Bend Services, Inc. C1286 $48,790.00
· Atlantic Coast Polymer, Inc. ACP-603 $60,160.00
· Atlantic Coast Polymer, Inc. ACP-916 $126,750.00
Lick Creek Centrifuge Projected Annual Polymer Cost
Ø Atlantic Coast Polymer, Inc. ACP-300 $35,040.00
· Fort Bend Services, Inc. FBS 13081 $43,390.00
· Ciba Corporation Zetag 7553 $47,500.00
· Fort Bend Services, Inc. FBS 480 $56,720.00
· Fort Bend Services, Inc. FBS C9373 $59,130.00
Total Projected Annual Polymer Cost $211,760.00
(Adding the lowest cost option for all three applications)
32
December 16, 2008
Consent Agenda Item 2E
Purchase 321 acres from Hanson Aggregates and Debt Resolution
To: Glenn Brown, City Manager
From: Dave Coleman, Water Services Director
Agenda Caption: Presentation, possible action, and discussion to approve a real estate
contract for a 321.48 acre tract from Hanson Aggregates, Inc. in the amount of $1,044,810
for the Groundwater Wells 8, 9, and 10 project, and approval of a resolution declaring
intention to reimburse certain expenditures with proceeds from debt.
Recommendation: Staff recommends approval of this contract and the debt resolution.
Summary: On January 11, 2007 City Council approved a Needs Resolution for the
purchase of 1,984 acres of land for water wells 8, 9, and 10 in order to meet the City’s
future water demand. This land purchase is required since the Brazos Valley Groundwater
Conservation District rules require owners of all new public water supply wells (producing
3,000 gallons per minute from the Simsboro aquifer) to own 649 acres of land or water
rights for each well, with the land being contiguous and reasonably reflecting the cone of
depression of each well.
Since then, staff has negotiated a purchase contract with Hanson Aggregates, Inc. for one
of the major parcels included in the Needs Resolution. This parcel is 321.48 acres, and is
located off Old San Antonio Road, as shown on the attached map. The location of this
property is ideal for the City, since it not only provides a portion of the land necessary to
drill new water wells, but also provides excellent routes for well field collection pipelines.
A phase one environmental site assessment has been completed on this parcel, which
identified some debris on the site, but no significant clean-up actions required.
The purchase price of $3,250.00 per acre, for a total price of $1,044,810 is reasonable for
properties of this size in this area, and is the same price the City has paid for previous
parcels for well sites. Based on the necessity of drilling new wells, the ideal location of this
property, and the reasonable cost, staff recommends approval of the purchase contract.
Please note: Signed contract arrived at the last minute, Legal has approved the contract.
All completed exhibits are on file in the City Secretary’s office.
Budget & Financial Summary: $6,622,614 is currently budgeted in the Water Capital
Improvement Projects Fund for the purchase of land for future well sites. Funds in the
amount of $3,571,171.85 have been expended or committed to date, leaving a balance of
$3,051,442.15 for this and future land purchases. The “Resolution Declaring Intention to
Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item
because a portion of the long term debt has not been issued for the project. This debt is
scheduled to be issued later this fiscal year.
Attachments:
Map
Contract
Debt Resolution
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
December 16, 2008
Consent Agenda Item 2F
Reimbursement Resolution for Well #7 Collection Line Construction
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt for
the Well #7 Collection Line construction project.
Recommendation(s): Staff recommends approval of the resolution declaring intention
to reimburse certain expenditures with proceeds from debt.
Summary: The construction contract for the construction project was approved by
Council on October 9, 2008. It is anticipated that long term debt will be issued for this
project. On projects for which the expenditures will occur prior to the debt issue, a
resolution declaring intention to reimburse certain expenditures with proceeds from debt
must be adopted within 60 days of expenditure on the project. The resolution is typically
adopted at the time the contract is awarded, but was inadvertently left off of the agenda
caption when the construction contract was brought to Council.
Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is necessary for this item because the long
term debt has not been issued for the project. This debt is scheduled to be issued later this
fiscal year.
Attachments:
1. Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt
77
78
79
80
December 16, 2008
Consent Agenda Item 2G
Change Order for the Memorial Cemetery and
Aggie Field of Honor Construction Contact
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding action to ratify a
change order for Construction Contract 08-116 with Acklam Construction for the construction of the
Memorial Cemetery and the Aggie Field of Honor Project GG-9905 in the amount of $69,259.47.
Recommendation(s): Staff recommends approval of the change order for $69,259.47 to Acklam
Construction, Inc. on the Memorial Cemetery and the Aggie Field of Honor Construction Contract.
Summary: The construction contract with Acklam Construction for the construction of the
Memorial Cemetery and Aggie Field of Honor in the amount of $7,072,579.00 was approved by City
Council March 27, 2008. The following change order is for the following: to construct foundations
for light poles not shown on drawings; under drains installed because of concerns about water
expanding beneath the Columbarium’s; flashing was necessary between the masonry block and the
niches for the ashes at the Colum bariums; installed drains at the Spirit Gate underneath all future
vegetation so plants would not be waterlogged; add caulked control joints every 30 feet in
limestone walls; change iron fittings for irrigation main to gasket PVC fittings because it was
cheaper; add valves every 100 feet in irrigation system so hoses can be used to water instead of
pop up sprinklers; provided lateral support at exterior walls of the Information Center and the
Committal Shelter because of plan errors; added reinforcing to light bollard not shown on plans;
added battery pack to six exterior fixtures as per electrical code; and finish and install two columns
for anchorage of entry gates to avoid limestone cracking and failure.
Costs due to plan errors will be paid for by the design consultant.
Budget & Financial Summary: The current budget for the Memorial Cemetery project is
$9,930,000. A total of $9,384,075.36 has been expended or committed to date, leaving a balance
of $545,924.64, a portion of which will be used for this change order.
Attachments:
1. Coversheet
2. Change Order No. 3
3. Location Map
81
82
83
December 16, 2008
Consent Agenda Item 2h
Transportation Funding Options Resolution
To: Glenn Brown, City Manager
From: City Manager’s Office
Agenda Caption: Presentation, possible action, and discussion on the transportation
funding options resolution recommended by the Council Transportation Committee.
Recommendation(s): The Council Transportation Committee will be considering
this resolution at its December 15 meeting.
Summary: Transportation funding is an important issue facing the City of College
Station as well as the entire State of Texas. As the 2009 Texas Legislative Session
draws closer, the Transportation Committee is working on a resolution of support for
additional local and regional transportation funding options. These include but are
not limited to vehicle registration fees, new and used car sales tax, and driver license
fees. It is important for any potential funding options to be flexible in order to meet
the specific needs of the community.
The resolution is being considered by the Transportation Committee at its meeting
on December 15. The resolution addresses the part of the Council Transportation
Committee’s 2008-2009 Work Plan regarding funding options.
Budget & Financial Summary: N/A
Attachments:
1. Resolution will be provided to Council prior to the meeting
84
16 December 2008
Regular Agenda Item 1
Rental Registration
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 4”Business Regulations”, of the Code of
Ordinances of the City of College Station, requiring rental registration of single family
and duplex dwelling units.
Recommendation: Staff recommends approval of the rental registration ordinance
with an effective date of March 1, 2009.
Summary: In mid 2008, the Strong and Sustainable Neighborhood Action Plan was
approved by Council. This plan was designed to address multiple neighborhood
integrity issues within a comprehensive neighborhood integrity program. In the plan,
one of the action items that was suggested was a rental registration program for
single family and duplex dwelling units. Staff researched the issue and received
council direction to draft an ordinance for a rental registration program. The rental
registration program is intended to allow for quicker code enforcement capabilities
and provide Fire and Police crews the ability to make quick contact with the property
owner during an emergency response. The information that will be collected in the
registration process includes a mandatory local point of contact, owner information
and the current number and names of tenants on the lease.
Budget & Financial Summary: Council directed staff to proceed with development
of the rental registration ordinance with a fee attached. The fee ($15) will help fund
the expenses related to administering and developing a database for rental property
owners.
Attachments:
1. Ordinance
85
ORDINANCE NO. ____________
AN ORDINANCE AMENDING CHAPTER 4,“BUSINESS REGULATIONS,”OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN
SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1:That Chapter 4, “Business Regulations,”of the Code of Ordinances of the City of College
Station be amended so as to add Section 19, “Rental Registration of Single Family and
Duplex Dwelling Units,”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 provi -
sions 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
March 1, 2009 after its date of passage by the City Council, as provided by Section 35 of
the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this______day of ____________, 2008.
ATTEST:APPROVED:
_______________________________________________
Connie Hooks, City Secretary Ben White, MAYOR
APPROVED:
_________________________
City Attorney
86
ORDINANCE NO. ________Page 2
EXHIBIT “A”
That Chapter 4, “Business Regulations,” of the Code of Ordinances of the Code of the City of College
Station, Texas, is hereby amended by adding Section 19, “RENTAL REGISTRATION OF SINGLE
FAMILY AND DUPLEX DWELLING UNITS”, as set out hereafter to read as follows:
“SECTION 19:RENTAL REGISTRATION OF SINGLE FAMILY AND DUPLEX
DWELLING UNITS”
A.DEFINITIONS
(1)Rental Property:-Any single family or duplex dwelling unit that is not owner occupied
or otherwise excepted by this section, regardless if rent is charged.
(2)Duplex Dwelling:-A residential structure providing complete, independent living
facilities for two separate families, including permanent provisions for living, sleeping,
cooking, eating and sanitation in each unit.
(3)Single Family:-A residential unit providing complete, independent living facilities for
one family including permanent provisions for living, sleeping, cooking, eating and
sanitation.
B.REGULATIONS
(1)Each owner and real estate manager of single family and duplex residential propert y that
serves as rental property shall be required to annually register the property as well as
upon any of the conditions listed below changing,with the City of College Planning and
Development Services Department. The information required to register the property is as
follows:
(a)Address of the rental property
(b)Owner and contact information for the owner.
(c)Type of property such as single family or duplex.
(d)Local contact person with contact information, in the case of an absentee owner.
The local contact person cannot be someone who is listed on the lease.Local
contact must reside within thirty (30) miles of the College Station City Hall.
(e)Names and contact information of all persons listed on the lease.
(f)Other information as deemed necessary by the Administrator
(2)A fee of Fifteen Dollars ($15) shall be assessed at the time of registration.
C.EXCEPTION
A property owner or member related by blood, adoption, guardianship, or marriage to the owner,that
resides on the property may have one (1) renter and is not required to register as having rental property.
87
ORDINANCE NO. ________Page 2
The property is subject to the limitations of unrelated individuals as living on the property as provided in
the definition of family in the Unified Development Ordinance.
88
16 December 2008
Regular Agenda Item 2
Party Host Responsibilities
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 1 “General Provisions”, of the Code of
Ordinances of the City of College Station, Texas implementing party host
responsibilities in residential areas.
Recommendation: Staff recommends approval of the host responsibilities
ordinance.
Summary: In mid 2008, the Strong and Sustainable Neighborhood Action Plan was
approved by Council. This plan was designed to address multiple neighborhood
integrity issues within a comprehensive neighborhood integrity program. In the plan,
one of the strategies was to provide for additional enforcement tools to address
neighborhood integrity issues. It was recommended that the City code be amended
to codify host responsibilities for parties in residential areas. Staff researched the
issue and received council direction to draft an ordinance for host responsibilities.
This ordinance is intended to outline the responsibilities of the host and provide the
potential consequences for failing to meet the specified expectations. Responsibilities
of the host will include items related to parking, noise, litter and alcoholic beverages.
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
89
ORDINANCE NO. _______________
AN ORDINANCE AMENDING CHAPTER 7, “HEALTH & SANITATION,” OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE
SPECIFIED SECTION AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 7, “Health & Sanitation,” of the Code of Ordinances of the City of
College Station, be amended to add Section 11, “HOST RESPONSIBILITIES OF
PARTIES IN RESIDENTIAL AREAS,” 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 affect 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 ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this ___________ day of _________, 2008.
ATTEST APPROVED:
____________________ _____________________________
Connie Hooks, City Secretary Ben White, Mayor
APPROVED:
__________________
City Attorney
90
ORDINANCE NO._______ Page 2
EXHIBIT "A"
That Chapter 7, “Health & Sanitation,” of the Code of Ordinances of the Code of the City of
College Station, Texas, is hereby amended by adding Section 11, “HOST RESPONSIBILITIES
OF PARTIES IN RESIDENTIAL AREAS”, as set out hereafter to read as follows:
“SECTION 11: HOST RESPONSIBILITIES OF PARTIES IN RESIDENTIAL AREAS”
A. DEFINITIONS
For purposes of this section the following definition of terms shall be used: (1) Host means the owner of the property as listed with the Brazos County Appraisal District and/or those persons listed on the lease for the property. (2) Party means a planned or unplanned gathering of people.
(3) Residence shall mean a dwelling unit in an apartment, townhouse, duplex or other
multi-family residential structure, or a single-family residence. Residence
includes the entire premises of a residence, including the residence building,
garage, carport, driveway and yard, and adjacent common areas, parking areas,
sidewalks and streets.
(4) Residential area means an area that is within a residential zoning district.
(5) Unlawful level of noise means any sound that because of its volume, level,
duration or character annoys, disturbs, injures or endangers the comfort health,
peace or safety of reasonable persons of ordinary sensibilities within the limits of
the City.
B. RESPONSIBILITIES OF HOSTS
(1) It is unlawful for a host to fail:
a. To advise his/her guests of the parking regulations as set forth in Chapter 10
of the Code of Ordinances;
b. To ensure that noise from the host’s party does not reach an unlawful level,
and
c. To ensure that litter related to the host’s party is properly disposed of by 10
a.m. of the day after the party started.
(2) It is not a defense to prosecution for violations of any law or ordinance that a security
officer or officers who were hired for a party failed to properly fulfill the host’s duties
in subsection (1) of this section.
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ORDINANCE NO._______ Page 3
(3) It is prima facie evidence that the host violated subsection (1) if a police or code
enforcement officer issues the host a written warning or citation to person’s attending
the host’s party for violation of any of Part B (1) a through d of this section.
C. ENFORCEMENTS OF OTHER LAWS
Nothing in this division affects a peace officer’s authority to enforce other laws such as
disorderly conduct, littering, parking and alcohol-related offenses against persons who
violate those laws.
D. PENALTY
The general penalty provision set forth in Chapter 1 of the College Station Code of
Ordinances shall apply to violations of this ordinance.
92
16 December 2008
Regular Agenda Item 3
Incorporate the Subdivision Regulations into the Unified
Development Ordinance and make other process changes
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding an ordinance to delete Chapter 9 of the City of College Station Code of
Ordinances, Subdivisions, and amend Chapter 12 of the City of College Station Code
of Ordinances, Unified Development Ordinance (UDO), to incorporate Chapter 9 into
Chapter 12 and make procedural changes and other revisions.
Recommendation: The Planning and Zoning Commission considered this item at
their November 20th meeting and voted 6-0 to recommend approval of the request.
Staff also recommended approval.
Summary: The Unified Development Ordinance (UDO) was adopted in 2003. When
adopted it did not incorporate the Subdivision Regulations and the City has been
working to develop revised Subdivision Regulations and incorporate them. Since
previous efforts to perform a single holistic rewrite of the regulations have not been
attained, Staff identified a multi-phased approach earlier this year. This approach
was to incorporate the existing subdivision regulation language into the UDO with
only minor corrections and then accomplish the substantive revisions later through
defined policy areas in order to make the process more manageable.
In further developing this approach, it was recognized that incorporating the
Subdivision Regulations into the UDO would require more than the minor corrections
anticipated. As such, some of the growth management items to address health,
safety and welfare concerns, particularly those in the Extra-territorial Jurisdiction
were considered separately and adopted by Council on November 5th. The proposed
ordinance amendment incorporates the Subdivision Regulations into the UDO and
makes other revisions for internal consistency and to address concerns identified by
the Council, Planning & Zoning Commission and Staff.
Budget & Financial Summary: N/A
Attachments:
1. Draft Planning & Zoning Commission Meeting minutes, November 20,
2008
2. Ordinance for Unified Development Ordinance
3. Ordinance for Subdivision Regulations
93
November 20, 2008 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, November 20, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer, Doug
Slack, Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert,
Lauren Hovde and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant City
Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, Planning Administrator
Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott,
First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and
Staff Assistant Brittany Caldwell
1. Call Meeting to Order.
Chairman Nichols called the meeting to order at 7:10 p.m.
Regular Agenda
9. Public hearing, presentation, possible action, and discussion regarding an ordinance to
delete Chapter 9 of the City of College Station Code of Ordinances, Subdivisions, and
amend Chapter 12 of the City of College Station Code of Ordinances, Unified
Development Ordinance (UDO), to incorporate Chapter 9 into Chapter 12 and make
procedural changes and other revisions. Case #08-00500248 (JS)
Jason Schubert, Staff Planner, presented the ordinance to incorporate the Subdivision
Regulations into the Unified Development Ordinance.
There was general discussion regarding the ordinance.
Chairman Nichols opened the public hearing.
Rick Young, 5250 Hidden Acres Drive, gave a presentation regarding the flooding of his
property that was caused by the Meadowcreek development.
94
November 20, 2008 P&Z Regular Meeting Minutes Page 2 of 2
Chairman Nichols closed the public hearing.
Commissioner Bauman motioned to recommend approval of the incorporation of
the Subdivision Regulations into the Unified Development Ordinance.
Commissioner Slack seconded the motion, motion passed (6-0).
17. Adjourn.
Commissioner Bauman motioned to adjourn the meeting. Commissioner Woodfin
seconded the motion, motioned passed (6-0).
Meeting adjourned at 2:47 a.m.
95
ORDINANCE NO. ____________
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 day of , 2008.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
96
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
Part I
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 UDO;
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 UDO. The
Administrator shall make written interpretations of this UDO, 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 UDO 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
97
ORDINANCE NO.__________________ 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 (45th) day after the application is deemed
98
ORDINANCE NO.__________________ Page 4
incomplete if:
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.
Application Type Published Mailed Agenda Posted
Comprehensive Plan Amendment X X
Zoning Map Amend. (Rezoning) X X X
UDO Text Amendment X X
Conditional Use Permit X X X
Subdivision - Replats* X* X* X
Design District - Site Plan/Bldg. X
Certificate of Appropriateness X
Certificate of Demolition (No
economically viable use) X X X
Variances – ZBA X X X
Appeals – Site Plan & Driveway X
Waiver – Subdivision Design X
Waiver – Buffer Requirements X
Administrative Appeals X X
* Only when required per the Local Government Code.
Per Ordinance No. 3110 (September 22, 2008)
2. Specific Notice Requirements
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 (15th) 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 (15th) 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;
99
ORDINANCE NO.__________________ 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.
Application Type
Zoning
Board of
Adjustment
Landmark
Commission
Planning and
Zoning
Commission
City
Council
Comprehensive Plan Amendment X X
Zoning Map Amendment (Rezoning) X X
Zoning Map Amendment (Rezoning -
Historic Preservation Overlay District) X X X
Certificate of Demolition (No
economically viable use) X
UDO Text Amendment X X
Conditional Use Permit X X
Subdivision* X
Variances – ZBA 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 UDO 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 UDO.
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 UDO.
3. For purposes of this Section, progress towards completion of the project is as defined by
Chapter 245 TEXAS LOCAL GOVERNMENT CODE.
I. Appeals
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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)
A. Purpose
To establish and maintain sound, stable, and desirable development
within the territorial limits of the City, the Official Zoning Map may be
amended based upon changed or changing conditions in a particular
area or in the City generally, or to rezone an area or extend the
boundary of an existing zoning district. All amendments shall be in
accordance with the Comprehensive Plan as may, from time to time,
be amended.
B. Initiation of Amendments
An amendment to the Official Zoning Map may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. The property owner(s).
C. Amendment Application
A complete application for a zoning map amendment shall be submitted to the Administrator
as set forth in the General Approval Procedures Section in Article 3 of this UDO and herein.
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 sixty percent (60%) 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 sixty percent (60%) 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:
Staff
Review
Preapplication
Conference
Application
Submittal
Planning &
Zoning
Commission
City
Council
101
ORDINANCE NO.__________________ 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.
b. Historic Preservation Officer.
Prior to the submission of an application for a Zoning Map Amendment for
a Historic Preservation Overlay District rezoning, all potential applicants
shall request a Neighborhood Meeting with the Historic Preservation
Officer. The purpose of the meeting is to present information about the
proposed overlay and explain the process of rezoning to the neighborhood.
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)
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ORDINANCE NO.__________________ 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)
5. Referral To Landmark Commission
The Historic Preservation Officer, upon receipt of an application to amend the Official
Zoning Map to a Historic Preservation Overlay District, shall refer the same to the
Landmark Commission for study, hearing, and report. The Planning and Zoning
Commission may not hold a public hearing or make a report to the City Council until it
has received a report from the Landmark Commission.
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)
8. Recommendation by Planning and Zoning Commission
The Planning and Zoning Commission shall publish, post, and mail public notice in
accordance with the General Approval Procedures Section in Article 3 of this UDO. The
Commission shall hold a public hearing and recommend to the City Council such action
as the Commission deems proper.
9. City Council Action
a. Notice
The City Council shall publish, post, and mail public notice in accordance with the
General Approval Procedures Section in Article 3 of this UDO, and hold a public
hearing before taking final action on an application to amend the Official Zoning
Map.
Per Ordinance No. 3110 (September 11, 2008)
b. Public Hearing
The City Council shall hold a public hearing and approve, approve with
modifications, or disapprove the application to amend the Official Zoning Map.
c. Effect of Protest to Proposed Amendment
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
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ORDINANCE NO.__________________ Page 9
covered by the proposed change and extending two hundred feet (200’) from that
area.
d. Review Criteria
In determining whether to approve, approve with modifications, or disapprove the
proposed Official Zoning Map amendment, the City Council shall consider the
following matters regarding the proposed amendment:
1) 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.
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ORDINANCE NO.__________________ Page 10
F. Repeal of a Single-Family Overlay District
A repeal of a single-family overlay district may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. By petition of sixty percent (60%) 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
development of property as set forth herein.
1. Subdivision Plat Required
a. Subdivision of property within the City limits or
extraterritorial jurisdiction (ETJ) of the City of College
Station is required to be approved in accordance with
applicable state law and as set forth herein when one or
more of the following occurs:
1) The division of land (for any purpose) into two or
more parcels to lay out a subdivision of the tract,
including an addition to the City, to lay out suburban,
building, or other lots, or to lay out streets, alleys,
squares, parks or other parts of the tract intended to
be dedicated to public use or for the use of
purchasers or owners of lots fronting on to or
adjacent to the streets, alleys, squares, parks or
other parts;
2) Development on a parcel not previously legally
subdivided;
3) Resubdivision of land that has previously been
platted; or
4) Amendment of any approved plat.
b. Types of Subdivision Filings 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;
Preapplication
Conference
Parks &
Recreation Board
Staff
Review
Application
Submittal
Completeness
Review
Planning &
Zoning
Commission
105
ORDINANCE NO.__________________ 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.
c. 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.
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ORDINANCE NO.__________________ 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:
1) The plat shall conform to the general requirements of this UDO and minimum
standards of design and improvements as set forth in Article 8 Subdivision
Design and Improvements;
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 (½") 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;
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(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;
18) 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.
b. 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;
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ORDINANCE NO.__________________ Page 14
(d) The following, when applicable, shall appear on the face of the plat: (See
examples in Article 8 Subdivision Design and Improvement.)
i. 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
a. Preliminary Plat Review
1) Review and Recommendation by Administrator
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ORDINANCE NO.__________________ 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
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proceed to the Planning & Zoning Commission in the numerical order as
proposed and defined on the Preliminary Plat.
b. 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
a. 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.
b. 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
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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;
2) 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.
c. 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
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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.
c. If such compliance and plat approval are secured after the recording of such
resolution, the City Secretary shall forthwith record an instrument in the Deed
Records of the County stating that the property is no longer in violation.
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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
1. Preapplication Conference
Prior to submitting a Concept Plan, 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. 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;
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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)
8. 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;
5. The development includes provision of adequate public improvements, including, but
not limited to, parks, schools, and other public facilities;
6. The development will not be detrimental to the public health, safety, welfare, or
materially injurious to properties or improvements in the vicinity; and
7. The development will not adversely affect the safety and convenience of vehicular,
bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to
be generated by the proposed use and other uses reasonably anticipated in the area
considering existing zoning and land uses in the area.
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.
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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
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
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.
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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;
5. 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;
8. 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.
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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 site plans as part of a
conditional use permit.
3. General Requirements
a. All improvements reflected on approved site plans must be constructed at the time
of development.
b. All associated rehabilitation, façade 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 UDO. The application
shall include a landscaping plan illustrative 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.
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 UDO 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 UDO, the City’s Comprehensive Plan, and the Wolf Pen
Creek Master Plan, or if the plan is recommended for denial or conditional approval, the
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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 UDO, including the applicable district provisions of the Design Districts Section in
Article 5 of this UDO, 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 UDO, 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 UDO,
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;
5. 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
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12. Determination and clear indication of what constitutes the building plot for purposes of
this UDO.
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;
5. 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 UDO.
3.7 Wolf Pen Creek Design District Building and Sign Review
A. Applicability
1. In the Wolf Pen Creek district (WPC), all substantial
maintenance (including but not limited to rehabilitation,
façade work, and, change or exterior materials or other
construction, including the replacement or alteration of
signs) shall be subject to the WPC district building and sign
review process.
Per Ordinance No. 2881 (March 23, 2006)
2. Minor additions to a site (accessory buildings and structures,
change of solid waste disposal location, painting, 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 UDO.
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 UDO. 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.
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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)
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
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the flood waters, and the effects of wave action, if applicable, expected at the site;
g. The necessity to the facility of a waterfront location, where applicable;
h. The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
i. 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
j. Compliance with this UDO.
5. 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,
or rehabilitation of any structure or any property within a
Historic Preservation Overlay District, or any material change
in the light fixtures, signs, sidewalks, fences, steps, paving, or
other exterior elements visible from a public right-of-way that
affects the appearance and cohesiveness of any structure or
any property within a Historic Preservation Overlay District, an
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.
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
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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:
1. 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;
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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 façade;
b. The installation of an awning located on an accessory building, or on the rear façade
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.
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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.
J. 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.
Per Ordinance No. 3110 (September 11, 2008)
3.10 Certificate of Demolition
A. Applicability
1. Prior to any demolition or removal of any structure or portion
thereof on any property within a Historic Preservation Overlay
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
Staff
Review
Application
Submittal
Landmark
Commission
Completeness
Review
Economic Review
Panel (when
necessary)
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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:
1) 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.
1) 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.
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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:
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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.
5. 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
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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.
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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
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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)
3.11 Building Permit
A. Building Permit Required
No building or other structure shall hereafter be erected, moved,
added to, structurally altered, repaired, demolished, or occupancy
changed without a permit issued by the Building Official except in
conformity with the provisions of this section and the 2003
Staff
Review
Application
Submittal
Building
Official
Completeness
Review
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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)
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ORDINANCE NO.__________________ Page 38
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
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, façade 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
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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
A. Sign Permits Required
1. No sign shall hereafter be installed, erected, moved, added
to, or structurally altered without a permit issued by the
Administrator, except in conformity with the provisions of
this Section, unless he is so directed by the Zoning Board
of Adjustment as provided by this UDO.
2. A permit shall be required for the following:
a. Apartment/condominium/manufactured home park
identification signs;
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 UDO.
C. Review and Action by the Administrator
The Administrator must review each sign permit application in light of this UDO 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 UDO.
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 UDO.
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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
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 UDO.
B. 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.
C. 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 UDO. A complete site plan
must accompany all applications for a conditional use permit.
D. Approval Process
1. Preapplication Conference
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 UDO 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 UDO.
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 UDO.
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
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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 UDO and the use shall meet
all the minimum standards established in this UDO 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.
5. 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 UDO 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 UDO.
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.
C. Interpretation by Administrator
1. The Administrator shall:
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a. 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;
b. Consult with other staff, as necessary; and
c. 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
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
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
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development; and
c. 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 UDO.
3.18 Variance
A. Purpose
The Zoning Board of Adjustment shall have jurisdiction to hear
requests for a variance from the terms of this UDO. 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 UDO 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.
B. Applicability
The Zoning Board of Adjustment shall have the authority to grant variances from the
standards in this UDO 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 UDO, 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.
C. 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 UDO.
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 UDO, 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 UDO when an unnecessary hardship would result from the strict enforcement of
this UDO. In granting a variance, the Zoning Board of Adjustment shall prescribe only
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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.
i. 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.
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3.19 Administrative Appeal
A. Applicability
1. Appeals to the Zoning Board of Adjustment may be taken
by any person aggrieved by, or any officer or department
affected by, specific points found in any of the following
final decisions of the Administrator:
a. Written interpretations of the text of this UDO; or
b. Denial of Building Permit or site plan based on
interpretation of Article 7, General Development
Standards.
2. Appeals to the Planning and Zoning Commission may be
taken by any person aggrieved by, or any officer or
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 UDO.
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 UDO, 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.
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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
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
Planning & Zoning
Commission
Preparation of
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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 UDO.
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 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 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 UDO, 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
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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:
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Article 8. 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.
5. 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.
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7. Streets
a. 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
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. Cul-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.
i. Local Streets
Local streets shall be laid out to discourage their use of through traffic.
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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.
8. 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')
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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.
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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
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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 UDO.
(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.
b. 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
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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.
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14. Bikeways
a. General
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.
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Bike route signing should not end at a barrier. Information directing the
bicyclist around the barrier should be provided.
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.
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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.
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3) Bike Paths
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.
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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
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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
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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,
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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
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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)
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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.
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B. Rural Residential Standards
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.
5. 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
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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.
i. 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.
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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.
l. Standard Details and Specifications
Refer to the City of College Station Street Specifications for the standard
pavement cross-section detail and specifications regarding all pavement
materials.
m. 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.
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
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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.
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15. Water Supply
a. Goal
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
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ORDINANCE NO.__________________ 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.
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20. Street Lights
a. Goal
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.
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d. Easements
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 ETJ 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.
5. Sanitary Sewers
A. Private Septic System Licenses
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ORDINANCE NO.__________________ 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 shall be in accordance with the applicable County standards.
7. Street Lights
Street lights are not required.
8. 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
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ORDINANCE NO.__________________ 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 OF BRAZOS )
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 OF BRAZOS )
Before me, the undersigned authority, on this day personally appeared
____________________________ known to me to be the person(s) whose name(s) is/are subscribed
to the foregoing instrument, and acknowledged to me that he/they executed the same for the purpose
and consideration therein stated.
Given under my hand and seal on this ________ day of ________________, 20 __.
___________________________________
Notary Public, Brazos County, Texas
(Seal)
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ORDINANCE NO.__________________ 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___.
___________________________________
Chairman
ATTEST:
_____________________________
City Secretary
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ORDINANCE NO.__________________ Page 78
CERTIFICATE OF THE COUNTY CLERK
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
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.
___________________________________
County Clerk
(SEAL) Brazos County, Texas
CERTIFICATE OF GREENWAY DEDICATION
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
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.
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ORDINANCE NO.__________________ 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,
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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 progress work estimates approved by the City
Engineer. All such withdrawals shall be approved by the trustee; or
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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 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 (Vernon 1999; Vernon Supp. 2004-2005) as
amended from time to time.
It is hereby declared by the City Council that recreational areas in the form of
neighborhood parks are necessary and in the public welfare, and that the only adequate
procedure to provide for neighborhood parks is by integrating such a requirement 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. The park zones established by the 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 ultimate residential property owners who, by
reason of the proximity of their property to such parks, shall be the primary beneficiaries
of such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above
and shall apply to any land to be used for residential purposes:
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B. General Requirements
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 and the Parks and Recreation Advisory Board as specified herein.
Dedications shall cover both land acquisition and development costs for neighborhood
park land for all types of residential development. Dedications shall be based on actual
dwelling units for the entire development. Increases or decreases in final unit count
prior to final plat will require an adjustment in fees paid or land dedicated. If the actual
number of dwelling units exceeds the original estimate additional park land shall be
dedicated in accordance with the requirements in this Section with the filing of a final
plat.
The methodology used to calculate fees and land dedications is attached hereto as
Appendix I and incorporated and made a part of this ordinance for all purposes.
Fees paid under this Section may be used only for development or acquisition of
neighborhood parks located within the same Zone as the development.
1. Land Dedication
For residential developments the area of land to be dedicated for neighborhood
park land purposes shall be determined by the procedures described in Appendix I.
The total amount of land dedicated for the development shall be dedicated in fee
simple by plat:
a. Prior to the issuance of any building permits for multi-family development,
b. Concurrently with the final plat for a single phase development,
c. For a phased development the entire park shall be either platted concurrently
with the plat of the first phase of the development or
d. 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. The amount of the financial guarantee is
calculated by multiplying the number of acres of park land required to be
dedicated by $24,000 as the estimated value of an acre of land in the
proposed subdivision.
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.
2. Fee in Lieu of Land
The amount of the Fee-in-Lieu of Land (“Fee”) shall be set at an amount sufficient
to cover the costs of the acquisition of neighborhood park land.
A landowner may elect to meet the requirements of Land Dedication within this
Section, in whole or in part, by paying a fee in the amount set forth in Appendix I.
Before making this election, for any required dedication greater than three (3)
acres, or for any development containing floodplain or greenway, the landowner
must:
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a. Obtain a recommendation from the Parks and Recreation Advisory Board, and
b. Obtain approval from the Planning & Zoning Commission pursuant to the Plat
Approval Procedures Section in Article 3 of this UDO.
For neighborhood park land, the fee shall be calculated using the procedure
described in the Land Dedication within this Section to value the land, and the
procedure shown in Appendix I to calculate the total amount of the fee which shall
be remitted:
• Prior to the issuance of any building permits for multi-family development; or
• Upon submission of each final plat for single family, duplex or townhouse
development.
Fees may be used only for acquisition or development of a neighborhood park
facility located within the same Zone as the development.
The City Manager or his designee is authorized to accept the Fee for dedications of
fewer than three (3) acres where:
• There is a sufficient amount of park land existing in the park zone of the
proposed development or
• The proposed dedication is insufficient for a Neighborhood Park site under
existing park design standards.
This determination shall be made based on the Recreation, Park & Open Space
Master Plan, as amended from time to time.
3. Park Development Fee
In addition to the land dedication, there shall also be a fee established that is
sufficient to develop the land to meet the Manual of Park Improvements Standards
4. Park Development Option in Lieu of Fee
to serve the zone in which such development is located. This fee and the estimate
of neighborhood park improvement costs shall be computed as shown in Appendix
I. The total fee shall be paid upon submission of each final plat or upon application
for a building permit, whichever is applicable.
A landowner may elect to construct the neighborhood park improvements in lieu of
paying the Park Development Fee under the following terms and conditions:
a. A park site plan, developed in cooperation with the Parks and Recreation
Department staff, must be submitted to the City Manager or his designee for
review. A site plan approved by the Director of Parks and Recreation and
Parks and Recreation Advisory Board is required upon submission of each final
plat or upon application for a building permit, whichever is applicable.
b. Within twelve (12) months from the date of said submission or application the
landowner shall submit detailed plans and specifications in compliance with the
site plan to the City Manager or his designee for review and approval.
c. All plans and specifications shall meet or exceed the Manual of Park
Improvement Standards
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 Developer completes the work in accordance with the
approved plans, specifications, ordinances, other applicable laws and that City
has issued a Certificate of Completion for the improvements.
in effect at the time of the submission.
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e. The construction of all improvements must be completed within two (2) years
from the date of the approval of the plans and specifications. A final, one-time
extension of twelve months may be granted by the Administrator upon
demonstration that said improvements are at least fifty percent (50%)
constructed.
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 ordinance and
3) All manufacturers' warranties have been provided for any equipment.
g. Upon issuance of a Certificate of Completion, Landowner warrants the
improvements for a period of one (1) year as per the requirements in the
h. The developer shall be liable for any costs required to complete park
development if:
Manual of Park Improvements Standards.
1) Developer fails to complete the improvements in accordance with the
Approved Plans
2) Developer fails to complete any warranty work
5. 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, the
City may require subsequent Park Land dedications for that zone to be in Fee-in
Lieu-of-Land only. This will be to reimburse the City for the cost(s) of acquisition.
Once the City has been reimbursed entirely for all such Park Land within a park
zone, this Section shall cease to apply.
C. Prior Dedication or Absence of Prior Dedication
If a dedication requirement arose prior to enactment of this Section that dedication
requirement shall be controlled by the ordinance in effect at the time such obligation
arose, except that additional dedication shall be required if the actual density of
structures constructed upon property is greater than the former assumed density.
Additional dedication shall be required only for the increase in density and shall be based
upon the ratio set forth in the General Requirements within this Section. (Credit shall be
given for land dedicated or fees paid pursuant to prior Park Land Ordinance Nos. 690,
983 or 2546.)
D. Comprehensive Plan Considerations
The Recreation, Park and Open Space Master Plan is intended to provide the College
Station 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. The
Plan will also be used to locate desirable park sites before development occurs, and
those sites may be acquired by the City or received as donations.
Park Zones are established by the City’s Comprehensive Plan, in the Recreation, Park
and Open Space Master Plan and are configured to indicate service areas for
neighborhood parks. Zone boundaries are established that follow key topographic
features such as major thoroughfares, streams, city limit and ETJ boundary lines Park
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Zones may be created or amended by the Recreation, Park and Open Space Master Plan
as dedications or circumstances dictate.
E. Special Fund; Right to Refund
1. All Park Land fees will be deposited in a fund referenced to the park zone involved.
Funds deposited into a particular park zone fund may only be expended for land or
improvements in that zone.
2. The City shall account for all fees-in-lieu-of land 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 as defined 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.
F. 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
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
organized recreational activities.
3. Land in floodplains or designated greenways will be considered on a two for one
basis. Two 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 both shared facilities and the potential co-development of
new sites.
5. Neighborhood park sites should be adjacent to residential areas in a manner that
serves the greatest number of users and should be located so that users are not
required to cross arterial roadways to access them.
6. Sites should have existing trees or other scenic elements.
7. Detention / retention areas will not be accepted as part of the required dedication,
but may be accepted in addition to the required dedication. If accepted as part of
the park, the detention / retention area design must be approved by the City
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Manager or his designee and must meet specific parks specifications in the
8. Where park sites are adjacent to Greenways, Schools existing or proposed
subdivisions, access ways may be required to facilitate public access to provide
public access to parks.
Manual
of Park Improvements Standards.
9. It is desirable that fifty percent (50%) of the perimeter of a park should abut a
public street.
G. Consideration and Approval
Any proposal considered by the Planning and Zoning Commission under this Section
shall have been reviewed by the Parks and Recreation Advisory Board or the City
Manager or his designee as provided herein, and a recommendation given to the
Commission. The Commission may make a decision contrary to the recommendation by
a majority vote.
H. Review of Land Dedication Requirements and Dedication and Development Fee
The City shall review the Fees established and amount of land dedication required at
least once every three (3) years. The City shall take into account inflation as it affects
land acquisition and park development costs as well as changes in the City’s existing
level of service. Fees are authorized to be set by resolution of the City Council.
I. Warranty Required:
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.
All work not conforming to these requirements, including but not limited to unapproved
substitutions, may be considered defective.
This warranty is in addition to any rights or warranties expressed or implied by law.
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.
This warranty obligation shall be covered by any performance or payment bonds
tendered in compliance with this Ordinance.
Defective Work Discovered During Warranty Period. If any of the work 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.
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.
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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.
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.
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 UDO.
APPENDIX I
PARK LAND DEDICATION FEE
METHODOLOGY
Neighborhood Park Requirements
I. Land Requirements for Neighborhood Parks
The current level of service is one (1) acre per 276 people.
2006 Total Population - 77,261.
2.80 Persons per Household (PPH) for Single Family and 2.28 PPH for Multi-Family based on
Census information for owner and renter occupied units.
Single Family
276 people / 2.80 PPH = 98 DUs 276 people / 2.28 PPH= 121 DUs
Multi-Family
1 Acre per 98 DUs 1 Acre per 121 DUs
II. Neighborhood Park Acquisition Costs (Determines Fee in Lieu of Land)
One (1) acre costs $24,000 to purchase.
Single Family
$24,000 /98 DUs = $245 per DU $24,000 / 121 DUs = $198 per DU
Multi-Family
III. Neighborhood Park Development Costs (Determines Fee for Development)
The cost of improvements in an average Neighborhood Park in College Station is $516,450.a
One Neighborhood Park serves 2,207 people, based on a total city population of 77,261 being
served by 35 parks (count includes neighborhood parks and 6 mini parks).
It costs $234 per person to develop an average intergenerational neighborhood park.
Single Family
$234 x 2.80 PPH = $655 per DU $234 x 2.28 PPH = $533 per DU
Multi-Family
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ORDINANCE NO.__________________ Page 88
IV. Total Neighborhood Park Fee:
Single Family
$245 + $655 = $900 $198 + $533 = $731
Multi-Family
Footnote a
Neighborhood Park Cost Estimates (Winter 2005)
1. Basketball Court $35,000
2. 6' Sidewalk @ $5.00 per SF x 4000 LF $120,000
3. Handicap Accessible Ramp x 2 $2,000
4. Bridge (Average 30’) $30,000
5. Picnic Unit (slab, table, trash can, grill) @ $3,000 x 2 $6,000
6. Shelter & Slab (2 picnic tables w/trash cans) $34,000
7. Area Lights (12’ ht.) @ $3,000 x 20 $60,000
8. 2’ x 8’ Park Sign (Cylex) and Keystone Planter Bed $4,000
9. Benches (painted steel) with slab @ $2,000 x 4 $8,000
10. Bicycle Rack $1,000
11. 50 Trees (30-45 gal. installed) w/Irrigation @ $350 $17,000
12. Lawn Irrigation (average area) $3,000
13. Drinking Fountain (concrete - handicap accessible, dual height, dog dish) $7,500
14. Water Meter 1.5” $1,000
15. Electric Meter/Panel $2,000
16. Finish Sodding, Grading & Seeding $3,000
17. Drain Lines @ $15 LF (Average 100’) $1,500
18. Swing Set w/Rubber & Gravel Mix $10,000
19. Playground w/Concrete base & Rubber Surfacing $50,000
20. Playground Shade Cover $15,000
21. Galvanized Fence @ $35 LF 2,500' $87,500
22. Pond $30,000
Sub Total $469,500
10% Contingency $46,950
TOTAL $516,450
Part VI
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.
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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.
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.
184
ORDINANCE NO. _____ AN ORDINANCE DELETING CHAPTER 9, “SUBDIVISIONS”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 9, “Subdivisions”, of the Code of Ordinances of the City of College
Station, Texas, be deleted 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: This ordinance becomes effective January 1, 2009.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2008.
APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney
185
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
That Chapter 9, “Subdivisions”, of the Code of Ordinances of the City of College Station, Texas,
is hereby deleted in its entirety.
186
16 December 2008
Regular Agenda Item 4
Landscape Irrigation Ordinance
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 3 “Building Regulations” of the Code of
Ordinances of the City of College Station, Texas regulating the design, installation,
and operation of landscape irrigation systems.
Recommendation: The Construction Board of Adjustment and Appeals heard this
item on 17 November and voted unanimously to recommend approval. Staff also
recommends approval.
Summary: State legislation passed in 2007 (HB 1656) provides that a city over
20,000 in population must require an installer of an irrigation system to be licensed
under the Occupations Code and require the installer to obtain a permit from the city
before installing an irrigation system in the city or its extraterritorial jurisdiction. HB
1656 also requires a city to regulate the design, installation, and operation of
irrigation systems in accordance with rules adopted by the Texas Commission on
Environmental Quality (TCEQ). The TCEQ adopted rules under HB 1656 in June of
2008. By law, the requirements contained in HB 1656 must be implemented by 1
January 2009. The impetus behind HB 1656 was to assure that landscape irrigation
systems are designed, installed, and operated in a water conserving manner.
The Texas Municipal League (TML), in conjunction with TCEQ developed a model
ordinance for cities to consider using when implementing the requirements of HB
1656. City staff used the TML model ordinance as a foundation for the attached
ordinance.
In summary, the proposed ordinance implements the requirement of HB 1656 by
addressing the following items:
· Permit requirements for landscape irrigation systems
· Plan submittal requirements for landscape irrigation systems
· Installation requirements for landscape irrigation systems
· Responsibility of City Inspectors
Finally, there is a significant connection between the requirements of HB 1656 and
“Green College Station”. The need for water efficient irrigation systems is one of the
items previously identified by city staff and members of the Green College Station
Technical Task Force. By adopting the proposed landscape irrigation ordinance, the
Council will also be implementing an important element of the Green College Station
initiative.
Budget & Financial Summary: N/A
Attachments:
1. Draft Construction Board Minutes
2. Text Amendment Summary
3. Ordinance (on file at the City Secretary’s office)
187
1 of 2
MINUTES
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
17 November 2008
6:00 P.M.
City Hall Council Chambers
MEMBERS PRESENT: Chairman Frank Cox, Commission Members Quinn Williams, Bobby
Mirza, Mike Lane, and David Hart.
MEMBERS ABSENT: None
STAFF PRESENT: Assistant Director Planning & Development Services Lance Simms,
Building Official Chris Haver, Residential Plans Examiner Terry
Boriskie, Assistant City Attorney Adam Falco, Staff Assistant Mandi
Alford and Staff Assistant Amber Carter.
AGENDA ITEM NO. 5: Public Hearing, presentation, possible action and
discussion of a recommendation to City Council
regarding changes to the City’s landscape irrigation
standards, implementing the provisions of House
Bill 1656.
Building Official Chris Haver introduced Assistant Director Lance Simms,
who presented an overview of the changes to the City’s landscape irrigation
standards, brought about in order to implement the provisions of House Bill
1656. These changes require that all irrigation systems be designed, installed,
maintained, altered, repaired, serviced and operated in a manner that shall
promote water conservation.
An irrigation plan will be required in order to obtain an irrigation permit
and must include, in summary, the irrigator’s seal, signature and date of
signing, all major physical features and boundaries of the areas to be watered,
a North arrow, a legend, the zone flow measurements for each zone, the
location and type of each controller, sensor, water source, backflow prevention
device, water emission device, valve, pressure regulation component and main
line and lateral piping. The plan must also include the scale used and the
design pressure.
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CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
16 November 2008 Minutes
2 of 2
In addition, the inspection to approve the installation of the irrigation system
will be more comprehensive than current requirements in conjunction with
the more stringent permitting requirements.
Commission members had several inquiries for Lance Simms regarding how
these changes would be enacted in practical terms. Quinn Williams
questioned how the new inspection would differ from the City’s current
irrigation inspection, the response being that the inspection will now include
checking the placement of the water emission devices, among other things.
David Hart inquired as to what kind of effect these changes would have on
staff workload, and whether additional staffing would be needed to meet the
increase. Lance Simms acknowledged that this ordinance will create an
additional work load, though there are no immediate plans to hire additional
staff at this time. However, the department business plan calls for the
addition of a Building Inspector position in 2010.
Mike Lane inquired as to how these changes would affect the Certificate of
Occupancy process. Lance Simms replied that the City currently requires new
construction which has an irrigation system installed to have that system
permitted prior to the issuance of a CO, and that will still be the case under
the changes proposed.
Chairman Frank Cox asked if a homeowner would be required to pull an
irrigation permit to install their own irrigation system. Lance Simms replied
that yes, homeowners would be required to pull an irrigation permit and meet
all standards set forth by the City for licensed irrigators in order for that
permit to be approved.
David Hart asked if there were any changes made to the proposed ordinance
after the public stakeholder’s meeting. Lance Simms replied that there were
no changes made after the public stakeholder’s meeting.
Chairman Frank Cox opened the public hearing for Item # 5
Jennifer Nations, City of College Station Water Services Program Coordinator
spoke in favor of the proposed ordinance.
Frank Cox closed the public hearing for Item # 5.
David Hart motioned to approve the recommended the ordinance changes as
submitted; Quinn Williams seconded the motion. The motion passed
unopposed (5-0).
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EXHIBIT “A”
That Chapter 3, “Building Regulations,” of the Code of Ordinances of the City of College
Station, Texas, Appendix 1, “International Building Code Adopted”, is hereby amended
to read as follows:
AMENDMENT TO INTERNATIONAL RESIDENTIAL CODE AND
INTERNATIONAL PLUMBING CODE
Registration of Contractors
Irrigators - Any person who connects an irrigation system to the water supply
within the city or the city’s extraterritorial jurisdiction, commonly referred to as the
ETJ, must hold a valid license, as defined by Title 30, Texas Administrative
Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations
Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code
and required by Chapter 1301 of the Texas Occupations Code. Said license shall
be registered with the City of College Station before a landscape irrigation permit
is issued by the City.
Definitions
Air Gap, Irrigation System. A complete physical separation between the free
flowing discharge end of a potable water supply pipeline and an open or non-
pressure receiving vessel.
Atmospheric Vacuum Breaker. An assembly containing an air inlet valve, a
check seat, and an air inlet port. The flow of water into the body causes the air
inlet valve to close the air inlet port. When the flow of water stops the air inlet
valve falls and forms a check against back-siphonage. At the same time it opens
the air inlet port allowing air to enter and satisfy the vacuum. Also known as an
Atmospheric Vacuum Breaker Back-Siphonage Prevention Assembly.
Backflow Prevention, Irrigation System. The mechanical prevention of reverse
flow, or back siphonage, of nonpotable water from an irrigation system into the
potable water source.
Backflow Prevention Assembly. Any assembly used to prevent backflow into a
potable water system. The type of assembly used is based on the existing or
potential degree of health hazard and backflow condition.
Completion of Irrigation System Installation. When the landscape irrigation
system has been installed, all minimum standards met, all tests performed, and
the irrigator is satisfied that the system is operating correctly.
Consulting, Irrigation System. The act of providing advice, guidance, review or
recommendations related to landscape irrigation systems.
Cross-Connection. An actual or potential connection between a potable water
source and an irrigation system that may contain contaminates or pollutants or
any source of water that has been treated to a lesser degree in the treatment
process.
Design, Irrigation System. The act of determining the various elements of a
landscape irrigation system that will include, but not be limited to, elements such
as collecting site specific information, defining the scope of the project, defining
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plant watering needs, selecting and laying out emission devices, locating system
components, conducting hydraulics calculations, identifying any local regulatory
requirements, or scheduling irrigation work at a site. Completion of the various
components will result in an irrigation plan.
Design Pressure, Irrigation System. The pressure that is required for an
emission device to operate properly. Design pressure is calculated by adding the
operating pressure necessary at an emission device to the total of all pressure
losses accumulated from an emission device to the water source.
Double Check Valve. An assembly that is composed of two independently
acting, approved check valves, including tightly closed resilient seated shutoff
valves attached at each end of the assembly and fitted with properly located
resilient seated test cocks. Also known as a Double Check Valve Backflow
Prevention Assembly.
Emission Device. Any device that is contained within an irrigation system and
that is used to apply water. Common emission devices in an irrigation system
include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation
emitters.
Employed, Irrigation Systems. Engaged or hired to provide consulting services
or perform any activity relating to the sale, design, installation, maintenance,
alteration, repair, or service to irrigation systems. A person is employed if that
person is in an employer-employee relationship as defined by Internal Revenue
Code, 26 United States Code Service, §3212(d) based on the behavioral control,
financial control, and the type of relationship involved in performing employment
related tasks.
Head-to-Head Spacing, Irrigation System. The spacing of spray or rotary
heads equal to the manufacturer's published radius of the head.
Health Hazard, Irrigation System. A cross-connection or potential cross-
connection with an irrigation system that involves any substance that may, if
introduced into the potable water supply, cause death or illness, spread disease,
or have a high probability of causing such effects.
Hydraulics. The science of dynamic and static water; the mathematical
computation of determining pressure losses and pressure requirements of an
irrigation system.
Installer, Irrigation System. A person who actually connects an irrigation
system to a private or public raw or potable water supply system or any water
supply, who is licensed according to Title 30, Texas Administrative Code,
Chapter 30 (relating to Occupational Licenses and Registrations).
Irrigation Inspector. A person who inspects irrigation systems and performs
other enforcement duties for a municipality or water district as an employee or as
a contractor and is required to be licensed under Title 30, Texas Administrative
Code, Chapter 30 (relating to Occupational Licenses and Registrations).
Irrigation Plan. A scaled drawing of a landscape irrigation system which lists
required information, the scope of the project, and represents the changes made
in the installation of the irrigation system.
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Irrigation Services. Selling, designing, installing, maintaining, altering, repairing,
servicing, permitting, providing consulting services regarding, or connecting an
irrigation system to a water supply.
Irrigation System. An assembly of component parts, including the backflow
device and all equipment downstream, that is permanently installed for the
controlled distribution and conservation of water to irrigate any type of landscape
vegetation in any location, and/or to reduce dust or control erosion. This term
does not include a system that is used on or by an agricultural operation as
defined by Texas Agricultural Code, §251.002.
Irrigation Technician. A person who works under the supervision of a licensed
irrigator to install, maintain, alter, repair, service or supervise installation of an
irrigation system, including the connection of such system in or to a private or
public, raw or potable water supply system or any water supply, and who is
required to be licensed under Title 30, Texas Administrative Code, Chapter 30
(relating to Occupational Licenses and Registrations).
Irrigation Zone. A subdivision of an irrigation system with a matched
precipitation rate based on plant material type (such as turf, shrubs, or trees),
microclimate factors (such as sun/shade ratio), topographic features (such as
slope) and soil conditions (such as sand, loam, clay, or combination) or for
hydrological control.
Irrigator. A person who sells, designs, offers consultations regarding, installs,
maintains, alters, repairs, services or supervises the installation of an irrigation
system, including the connection of such system to a private or public, raw or
potable water supply system or any water supply, and who is required to be
licensed under Title 30, Texas Administrative Code, Chapter 30.
Irrigator-in-Charge. The irrigator responsible for all irrigation work performed by
an exempt business owner, including, but not limited to obtaining permits,
developing design plans, supervising the work of other irrigators or irrigation
technicians, and installing, selling, maintaining, altering, repairing, or servicing a
landscape irrigation system.
Landscape Irrigation. The science of applying the necessary amount of water
to promote or sustain healthy growth of plant material or turf.
Irrigation License. An occupational license that is issued by the Texas
Commission on Environmental Quality under Title 30, Texas Administrative
Code, Chapter 30 to an individual that authorizes the individual to engage in an
activity that is covered by Title 30, Texas Administrative Code, Chapter 30.
Mainline, Irrigation System. A pipe within an irrigation system that delivers
water from the water source to the individual zone valves.
Maintenance Checklist, Irrigation System. A document made available to the
irrigation system's owner or owner's representative that contains information
regarding the operation and maintenance of the irrigation system, including, but
not limited to: checking and repairing the irrigation system, setting the automatic
controller, checking the rain or moisture sensor, cleaning filters, pruning grass
and plants away from irrigation emitters, using and operating the irrigation
system, the precipitation rates of each irrigation zone within the system, any
water conservation measures currently in effect from the water purveyor, the
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name of the water purveyor, a suggested seasonal or monthly watering schedule
based on current evapotranspiration data for the geographic region, and the
minimum water requirements for the plant material in each zone based on the
soil type and plant material where the system is installed.
Major Maintenance, Alteration, Repair, or Service (Irrigation System). Any
activity that involves opening to the atmosphere the irrigation main line at any
point prior to the discharge side of any irrigation zone control valve. This
includes, but is not limited to, repairing or connecting into a main supply pipe,
replacing a zone control valve, or repairing a zone control valve in a manner that
opens the system to the atmosphere.
Master Valve, Irrigation System. A remote control valve located after the
backflow prevention device that controls the flow of water to the irrigation system
mainline.
Matched Precipitation Rate. The condition in which all sprinkler heads within an
irrigation zone apply water at the same rate.
New Installation, Irrigation System. An irrigation system installed at a location
where one did not previously exist .
Pass-through Contract. A written contract between a contractor or builder and a
licensed irrigator or exempt business owner to perform part or all of the irrigation
services relating to an irrigation system.
Pressure Vacuum Breaker. An assembly containing an independently operating
internally loaded check valve and an independently operating loaded air inlet
valve located on the discharge side of the check valve. Also known as a
Pressure Vacuum Breaker Back-siphonage Prevention Assembly.
Reclaimed Water. Domestic or municipal wastewater which has been treated to
a quality suitable for beneficial use, such as landscape irrigation.
Records of Landscape Irrigation Activities. The irrigation plans, contracts,
warranty information, invoices, copies of permits, and other documents that
relate to the installation, maintenance, alteration, repair, or service of a
landscape irrigation system.
Reduced Pressure Principle Backflow Prevention Assembly. An assembly
containing two independently acting approved check valves together with a
hydraulically operating mechanically independent pressure differential relief valve
located between the two check valves and below the first check valve.
Static Water Pressure. The pressure of water when it is not moving.
Supervision, Landscape Irrigation. The on-the-job oversight and direction by a
licensed irrigator who is fulfilling his or her professional responsibility to the client
and/or employer in compliance with local or state requirements. Also a licensed
installer working under the direction of a licensed irrigator or an irrigation
technician who is working under the direction of a licensed irrigator to install,
maintain, alter, repair or service an irrigation system.
Water Conservation, Irrigation System. The design, installation, service, and
operation of an irrigation system in a manner that prevents the waste of water,
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promotes the most efficient use of water, and applies the least amount of water
that is required to maintain healthy individual plant material or turf, reduce dust,
and control erosion.
Zone Flow. A measurement, in gallons per minute or gallons per hour, of the
actual flow of water through a zone valve, calculated by individually opening each
zone valve and obtaining a valid reading after the pressure has stabilized. For
design purposes, the zone flow is the total flow of all nozzles in the zone at a
specific pressure.
Zone Valve, Irrigation System. An automatic valve that controls a single zone
of a landscape irrigation system.
Lawn Irrigation Systems
P2902.5.3.1 Valid License Required. Any person who connects an irrigation
system to the water supply within the city or the city’s extraterritorial jurisdiction,
commonly referred to as the ETJ, must hold a valid license, as defined by Title
30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the
Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas
Administrative Code and required by Chapter 1301 of the Texas Occupations
Code.
Exception: A property owner is not required to be licensed in accordance with
Texas Occupations Code, Title 12, §1903.002(c)(1) if he or she is performing
irrigation work in a building or on a premises owned or occupied by the person as
the person’s home. A home or property owner who installs an irrigation system
must meet the standards contained in Title 30, Texas Administrative Code,
Chapter 344 regarding spacing, water pressure, spraying water over impervious
materials, rain or moisture shut-off devices or other technology, backflow
prevention and isolation valves. See Texas Occupations Code §1903.002 for
other exemptions to the licensing requirement.
P2902.5.3.2 Permit Required. Any person installing an irrigation system within
the territorial limits or extraterritorial jurisdiction of the city is required to obtain a
permit from the city prior to beginning work on the irrigation system. A completed
irrigation permit application and irrigation plan must be a submitted to the city and
approved before a permit will be issued by the city. The irrigation plan must be in
compliance with the requirements of this section.
Exceptions:
(1) An irrigation system that is an on-site sewage disposal system, as defined by
Section 366.002, Health and Safety Code; or
(2) An irrigation system used on or by an agricultural operation as defined by
Section 251.002, Agriculture Code; or
(3) An irrigation system connected to a groundwater well used by a property
owner strictly for domestic use.
P2902.5.3.3 Backflow Prevention Methods and Devices. Any irrigation system
that is connected to the potable water supply must be connected through a
backflow prevention method approved by the Texas Commission on
Environmental Quality (TCEQ). The backflow prevention device must be
approved by the Foundation for Cross-Connection Control and Hydraulic
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Research, the University of Southern California, the International Plumbing Code,
or any other laboratory that has equivalent capabilities for both the laboratory and
field evaluation of backflow prevention assemblies. The backflow prevention
device must be installed in accordance with the laboratory approval standards or
if the approval does not include specific installation information, the
manufacturer's current published recommendations. If conditions that present a
health hazard exist, one of the following methods must be used to prevent
backflow;
(1) An air gap may be used if:
(a) there is an unobstructed physical separation; and
(b) the distance from the lowest point of the water supply outlet to the flood rim of
the fixture or assembly into which the outlet discharges is at least one inch or
twice the diameter of the water supply outlet, whichever is greater.
(2) Reduced pressure principle backflow prevention assemblies may be used if:
(a) the device is installed at a minimum of 12 inches above ground in a location
that will ensure that the assembly will not be submerged; and
(b) drainage is provided for any water that may be discharged through the
assembly relief valve.
(3) Atmospheric vacuum breakers may only be used as replacements on
existing systems utilizing atmospheric vacuum breakers if:
(a) no back-pressure will be present;
(b) there are no shutoff valves downstream from the atmospheric vacuum
breaker;
(c) the device is installed at a minimum of six inches above any downstream
piping and the highest downstream opening. Pop-up sprinklers are measured
from the retracted position from the top of the sprinkler;
(d) there is no continuous pressure on the supply side of the atmospheric
vacuum breaker for more than 12 hours in any 24-hour period; and
(e) a separate atmospheric vacuum breaker is installed on the discharge side
of each irrigation control valve, between the valve and all the emission
devices that the valve controls.
(4) Pressure vacuum breakers may be used if:
(a) no back-pressure condition will occur; and
(b) the device is installed at a minimum of 12 inches above any downstream
piping and the highest downstream opening. Pop-up sprinklers are measured
from the retracted position from the top of the sprinkler.
All backflow prevention devices used in applications designated as health
hazards must be tested upon installation and annually thereafter.
If there are no conditions that present a health hazard, double check valve
backflow prevention assemblies may be used to prevent backflow if the device is
tested upon installation and test cocks are used for testing only. A double check
valve may be installed below ground if:
(a) the double check valve assembly is installed in a vault or other approved
enclosure that which is constructed of a durable material. The vault or
enclosure shall either be of solid (waterproof) construction with an integral
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bottom or bottomless to facilitate drainage. If the vault or enclosure is
bottomless, a minimum of four (4) inches of washed gravel shall be installed
below the assembly. The washed gravel shall have a diameter of between
3/8 inch and 3/4 inch (inclusive);
(b) the test cocks are plugged with a non-ferrous material (brass, plastic, etc.)
except when the double check valve is being tested;
(c) the test cock plugs are threaded, water-tight, and made of non-ferrous
material;
(d) a y-type strainer is installed on the inlet side of the double check valve;
(e) a minimum clearance of three (3) inches is provided between any fill material
and the bottom of the double check valve to allow space for testing and
repair; and
(f) a minimum clearance of four (4) inches is provided on the sides of the double
check valve to test and repair the double check valve.
If an existing irrigation system without a backflow-prevention assembly requires
major maintenance, alteration, repair, or service, the system must be connected
to the potable water supply through an approved, properly installed backflow
prevention method before any major maintenance, alteration, repair, or service is
performed.
If an irrigation system is connected to a potable water supply through a double
check valve, pressure vacuum breaker, or reduced pressure principle backflow
assembly and includes an automatic master valve on the system, the automatic
master valve must be installed on the discharge side of the backflow prevention
assembly.
The irrigator shall ensure the backflow prevention device is tested by a licensed
Backflow Prevention Assembly Tester prior to being placed in service. The tester
must be registered with the City of College Station and the test results must be
provided to the local water purveyor and the irrigation system's owner or owner's
representative within ten business days of testing of the backflow prevention
device.
P2902.5.3.4 Specific Conditions and Cross-Connection Control. Before any
chemical is added to an irrigation system connected to the potable water supply,
the irrigation system must be connected through a reduced pressure principle
backflow prevention assembly or air gap.
Connection of any additional water source to an irrigation system that is
connected to the potable water supply can only be done if the irrigation system is
connected to the potable water supply through a reduced-pressure principle
backflow prevention assembly or an air gap.
Irrigation system components with chemical additives induced by aspiration,
injection, or emission system connected to any potable water supply must be
connected through a reduced pressure principle backflow device.
If an irrigation system is designed or installed on a property that is served by an
on-site sewage facility, as defined in Title 30, Texas Administrative Code,
Chapter 285, then:
(1) all irrigation piping and valves must meet the separation distances from the
On-Site Sewage Facilities system as required for a private water line in Title 30,
Texas Administrative Code, Section 285.91(10);
(2) any connections using a private or public potable water source that is not the
city’s potable water system must be connected to the water source through a
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reduced pressure principle backflow prevention assembly as defined in Title 30,
Texas Administrative Code, Section 344.50; and
(3) any water from the irrigation system that is applied to the surface of the area
utilized by the On-Site Sewage Facility system must be controlled on a separate
irrigation zone or zones so as to allow complete control of any irrigation to that
area so that there will not be excess water that would prevent the On-Site
Sewage Facilities system from operating effectively.
P2902.5.3.5 Water Conservation. All irrigation systems shall be designed,
installed, maintained, altered, repaired, serviced, and operated in a manner that
will promote water conservation as defined in the Definitions section of this
ordinance.
P2902.5.3.6 Irrigation Plan Design. An irrigator shall prepare an irrigation plan
for each site where a new irrigation system will be installed. A paper or electronic
copy of the irrigation plan must be on the job site at all times during the
installation of the irrigation system. A drawing showing the actual installation of
the system is due to each irrigation system owner after all new irrigation system
installations. During the installation of the irrigation system, variances from the
original plan may be authorized by the licensed irrigator if the variance from the
plan does not:
(1) diminish the operational integrity of the irrigation system;
(2) violate any requirements of this ordinance; and
(3) go unnoted in red on the irrigation plan.
The irrigation plan must include complete coverage of the area to be irrigated. If
a system does not provide complete coverage of the area to be irrigated, it must
be noted on the irrigation plan.
All irrigation plans used for construction must be drawn to scale. The plan must
include, at a minimum, the following information:
(1) the irrigator's seal, signature, and date of signing;
(2) all major physical features and the boundaries of the areas to be watered;
(3) a North arrow;
(4) a legend;
(5) the zone flow measurement for each zone;
(6) location and type of each:
(a) controller; and
(b) sensor (for example, but not limited to, rain, moisture, wind, flow, or
freeze);
(7) location, type, and size of each:
(a) water source, such as, but not limited to a water meter and point(s) of
connection;
(b) backflow prevention device;
(c) water emission device, including, but not limited to, spray heads,
rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays;
(d) valve, including but not limited to, zone valves, master valves, and
isolation valves;
(e) pressure regulation component; and
(f) main line and lateral piping.
(8) the scale used; and
(9) the design pressure.
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P2902.5.3.7 Design and Installation. No irrigation design or installation shall require
the use of any component, including the water meter, in a way which exceeds the
manufacturer's published performance limitations for the component.
P2902.5.3.7.1 Spacing. The maximum spacing between emission devices must not
exceed the manufacturer's published radius or spacing of the device(s). The radius
or spacing is determined by referring to the manufacturer's published specifications
for a specific emission device at a specific operating pressure. New irrigation
systems shall not utilize above-ground spray emission devices in landscapes that are
less than 48 inches not including the impervious surfaces in either length or width
and which contain impervious pedestrian or vehicular traffic surfaces along two or
more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new
irrigation system, the sprinkler heads must direct flow away from any adjacent
surface and shall not be installed closer than four inches from a hardscape, such as,
but not limited to, a building foundation, fence, concrete, asphalt, pavers, or stones
set with mortar.
Exception:
Narrow paved walkways, jogging paths, golf cart paths or other small areas located in
cemeteries, parks, golf courses or other public areas if the runoff drains into a
landscaped area.
P2902.5.3.7.2 Water Pressure. Emission devices must be installed to operate at the
minimum and not above the maximum sprinkler head pressure as published by the
manufacturer for the nozzle and head spacing that is used. Methods to achieve the
water pressure requirements include, but are not limited to, flow control valves, a
pressure regulator, or pressure compensating spray heads.
P2902.5.3.7.3 Piping. Piping in irrigation systems must be designed and installed so
that the flow of water in the pipe will not exceed a velocity of five feet per second for
polyvinyl chloride (PVC) pipe.
P2902.5.3.7.4 Irrigation Zones. Irrigation systems shall have separate zones based
on plant material type, microclimate factors, topographic features, soil conditions, and
hydrological requirements.
P2902.5.3.7.5 Matched Precipitation Rate. Zones must be designed and installed
so that all of the emission devices in that zone irrigate at the same precipitation rate.
P2902.5.3.7.6 Impervious Surfaces. Irrigation systems shall not spray water over
surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other
impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc.
P2902.5.3.7.7 Master Valve. When provided, a master valve shall be installed on the
discharge side of the backflow prevention device on all new installations.
P2902.5.3.7.8 PVC Pipe Primer Solvent. All new irrigation systems that are installed
using PVC pipe and fittings shall be primed with a colored primer prior to applying the
PVC cement in accordance with the International Plumbing Code (Section 605).
P2902.5.3.7.9 Rain or Moisture Sensor. All new automatically controlled irrigation
systems must include sensors or other technology designed to inhibit or interrupt
operation of the irrigation system during periods of moisture or rainfall. Rain or
moisture shut-off technology must be installed according to the manufacturer's
published recommendations. Repairs to existing automatic irrigation systems that
require replacement of an existing controller must include a sensor or other
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technology designed to inhibit or interrupt operation of the irrigation system during
periods of moisture or rainfall.
P2902.5.3.7.10 Isolation Valve. All new irrigation systems must include an isolation
valve between the water meter and the backflow prevention device.
P2902.5.3.7.11 Depth Coverage of Piping. Piping in all irrigation systems must be
installed according to the manufacturer's published specifications for depth coverage
of piping. If the manufacturer has not published specifications for depth coverage of
piping, the piping must be installed to provide minimum depth coverage of six inches
of select backfill, between the top of the pipe and the natural grade of the topsoil. All
portions of the irrigation system that fail to meet this standard must be noted on the
irrigation plan. If the area being irrigated has rock at a depth of six inches or less,
select backfill may be mounded over the pipe. Mounding must be noted on the
irrigation plan and discussed with the irrigation system owner or owner's
representative to address any safety issues. If a utility, man-made structure or roots
create an unavoidable obstacle, which makes the six-inch depth coverage
requirement impractical, the piping shall be installed to provide a minimum of two
inches of select backfill between the top of the pipe and the natural grade of the
topsoil. All trenches and holes created during installation of an irrigation system must
be backfilled and compacted to the original grade.
P2902.5.3.7.12 Irrigation System Wiring. Underground electrical wiring used to
connect an automatic controller to any electrical component of the irrigation system
must be listed by Underwriters Laboratories as acceptable for burial underground.
Electrical wiring that connects any electrical components of an irrigation system must
be sized according to the manufacturer's recommendation. Electrical wire splices
which may be exposed to moisture must be waterproof as certified by the wire splice
manufacturer. Underground electrical wiring that connects an automatic controller to
any electrical component of the irrigation system must be buried with a minimum of
six inches of select backfill.
P2902.5.3.13 Irrigation System Water. Water contained within the piping of an
irrigation system is deemed to be non-potable. No drinking or domestic water usage,
such as, but not limited to, filling swimming pools or decorative fountains, shall be
connected to an irrigation system. If a hose bib (an outdoor water faucet that has
hose threads on the spout) is connected to an irrigation system for the purpose of
providing supplemental water to an area, the hose bib must be installed using a quick
coupler key on a quick coupler installed in a covered purple valve box and the hose
bib and any hoses connected to the bib must be labeled "non potable, not safe for
drinking." An isolation valve must be installed upstream of a quick coupler connecting
a hose bib to an irrigation system.
P2902.5.3.7.14 Licensed Person On Site During Installation. Beginning January
1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on-site at
all times while the landscape irrigation system is being installed. When an irrigator is
not onsite, the irrigator shall be responsible for ensuring that a licensed irrigation
technician is on-site to supervise the installation of the irrigation system.
P2902.5.3.8 Completion of Irrigation System Installation. Upon completion of the
irrigation system, the irrigator or irrigation technician who provided supervision for the
on-site installation shall be required to complete the following four items:
(1) a final walk through with the irrigation system's owner or the owner's
representative to explain the operation of the system;
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(2) The maintenance checklist on which the irrigator or irrigation technician shall
obtain the signature of the irrigation system's owner or owner's representative and
shall sign, date, and seal the checklist. If the irrigation system's owner or owner's
representative is unwilling or unable to sign the maintenance checklist, the irrigator
shall note the time and date of the refusal on the irrigation system's owner or owner's
representative's signature line. The irrigation system owner or owner's representative
will be given the original maintenance checklist and a duplicate copy of the
maintenance checklist shall be maintained by the irrigator.
The items on the maintenance checklist shall include but are not limited to:
(a) the manufacturer's manual for the automatic controller, if the system is
automatic;
(b) a seasonal (spring, summer, fall, winter) watering schedule based on either
current/real time evapotranspiration or monthly historical reference
evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant
landscape coefficient factors, and site factors;
(c) a list of components, such as the nozzle, or pump filters, and other such
components; that require maintenance and the recommended frequency for the
service; and
(d) the statement, "This irrigation system has been installed in accordance with
all applicable state and local laws, ordinances, rules, regulations or orders. I have
tested the system and determined that it has been installed according to the
Irrigation Plan and is properly adjusted for the most efficient application of water
at this time."
(3) A permanent sticker which contains the irrigator's name, license number,
company name, telephone number and the dates of the warranty period shall be
affixed to each automatic controller installed by the irrigator or irrigation
technician. If the irrigation system is manual, the sticker shall be affixed to the
original maintenance checklist. The information contained on the sticker must be
printed with waterproof ink and include:
(4) The irrigation plan indicating the actual installation of the system must be
provided to the irrigation system's owner or owner representative.
P2902.5.3.9 Maintenance, Alteration, Repair, or Service of Irrigation
Systems. The licensed irrigator is responsible for all work that the irrigator
performed during the maintenance, alteration, repair, or service of an irrigation
system during the warranty period. The irrigator or business owner is not
responsible for the professional negligence of any other irrigator who
subsequently conducts any irrigation service on the same irrigation system.
All trenches and holes created during the maintenance, alteration, repair, or
service of an irrigation system must be returned to the original grade with
compacted select backfill.
Colored PVC pipe primer solvent must be used on all pipes and fittings used in
the maintenance, alteration, repair, or service of an irrigation system in
accordance with the adopted International Plumbing Code (Section 605).
When maintenance, alteration, repair or service of an irrigation system involves
excavation work at the water meter or backflow prevention device, an isolation
valve shall be installed, if an isolation valve is not present.
P2902.5.3.10 Reclaimed Water. Reclaimed water may be utilized in landscape
irrigation systems if:
(1) there is no direct contact with edible crops, unless the crop is pasteurized
before consumption;
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(2) the irrigation system does not spray water across property lines that do not
belong to the irrigation system's owner;
(3) the irrigation system is installed using purple components;
(4) the domestic potable water line is connected using an air gap or a reduced
pressure principle backflow prevention device, in accordance with §290.47(i) of
this title (relating to Appendices);
(5) a minimum of an eight inch by eight inch sign is prominently posted on/in the
area that is being irrigated, that reads, "RECLAIMED WATER – DO NOT DRINK"
; and
(6) backflow prevention on the reclaimed water supply line shall be provided in
accordance with the regulations of the city’s water provider.
P2902.5.3.11 Advertisement Requirements. All vehicles used in the
performance of irrigation installation, maintenance, alteration, repair, or service
must display the irrigator's license number in the form of "LI________" in a
contrasting color of block letters at least two inches high, on both sides of the
vehicle.
All forms of written and electronic advertisements for irrigation services must
display the irrigator's license number in the form of "LI___________." Any form of
advertisement, including business cards, and estimates which displays an entity's
or individual's name other than that of the licensed irrigator must also display the
name of the licensed irrigator and the licensed irrigator's license number. Trailers
that advertise irrigation services must display the irrigator's license number.
The name, mailing address, and telephone number of the commission must be
prominently displayed on a legible sign and displayed in plain view for the
purpose of addressing complaints at the permanent structure where irrigation
business is primarily conducted and irrigation records are kept.
P2902.5.3.12 Contracts. All contracts to install an irrigation system must be in
writing and signed by each party and must specify the irrigator's name, license
number, business address, current business telephone numbers, the date that
each party signed the agreement, the total agreed price, and must contain the
statement, "Irrigation in Texas is regulated by the Texas Commission on
Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-
3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the
irrigator's seal, signature, and date.
All written estimates, proposals, bids, and invoices relating to the installation or
repair of an irrigation system(s) must include the irrigator's name, license
number, business address, current business telephone number(s), and the
statement: "Irrigation in Texas is regulated by the Texas Commission On
Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-
3087. TCEQ's web site is: www.tceq.state.tx.us."
An individual who agrees by contract to provide irrigation services as defined in
§344.30 of this title (relating to License Required) shall hold an irrigator license
issued under Title 30, Texas Administrative Code, Chapter 30 (relating to
Occupational Licenses and Registrations) unless the contract is a pass-through
contract as defined in §344.1(36) of this title (relating to Definitions). If a pass-
through contract includes irrigation services, then the irrigation portion of the
contract can only be performed by a licensed irrigator. If an irrigator installs a
system pursuant to a pass-through contract, the irrigator shall still be responsible
for providing the irrigation system's owner or through contract, the irrigator shall
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still be responsible for providing the irrigation system's owner or owner's
representative a copy of the warranty and all other documents required under
this chapter. A pass-through contract must identify by name and license number
the irrigator that will perform the work and must provide a mechanism for
contacting the irrigator for irrigation system warranty work.
The contract must include the dates that the warranty is valid.
P2902.5.3.13 Warranties for Irrigation Systems. On all installations of new
irrigation systems, an irrigator shall present the irrigation system's owner or
owner's representative with a written warranty covering materials and labor
furnished in the new installation of the irrigation system. The irrigator shall be
responsible for adhering to terms of the warranty. If the irrigator's warranty is less
than the manufacturer's warranty for the system components, then the irrigator
shall provide the irrigation system's owner or the owner's representative with
applicable information regarding the manufacturer's warranty period. The
warranty must include the irrigator's seal, signature, and date. If the warranty is
part of an irrigator's contract, a separate warranty document is not required.
An irrigator's written warranty on new irrigation systems must specify the
irrigator's name, business address, and business telephone number(s), must
contain the signature of the irrigation system's owner or owner's representative
confirming receipt of the warranty and must include the statement: "Irrigation in
Texas is regulated by the Texas Commission on Environmental Quality (TCEQ),
MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is:
www.tceq.state.tx.us."
On all maintenance, alterations, repairs, or service to existing irrigation systems,
an irrigator shall present the irrigation system's owner or owner's representative a
written document that identifies the materials furnished in the maintenance,
alteration, repair, or service. If a warranty is provided, the irrigator shall abide by
the terms. The warranty document must include the irrigator's name and
business contact information.
P2902.5.3.14 Duties and Responsibilities of City Irrigation Inspectors. A
licensed irrigation inspector or plumbing inspector shall enforce the ordinance of
the city, and shall be responsible for:
(1) verifying that the appropriate permits have been obtained for an irrigation
system and that the irrigator and installer or irrigation technician, if applicable, are
licensed;
(2) inspecting the irrigation system;
(3) determining that the irrigation system complies with the requirements of this
section;
(4) determining that the appropriate backflow prevention device was installed and
tested;
(5) investigating complaints related to irrigation system installation, maintenance,
alteration, repairs, or service of an irrigation system and advertisement of
irrigation services; and
(6) maintaining inspection records according to this section.”
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December 16, 2008
Regular Agenda Item 5
Comprehensive Plan Amendment for the southwest corner of
State Highway 40 and Barron Road
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion on a
Comprehensive Land Use Plan amendment from Single Family Residential Medium-Density
to Retail Neighborhood for 2.419 acres located at the southwest corner of State Highway 40
and Barron Road.
Recommendation(s): The Planning & Zoning Commission recommended approval of
this request (3-2) at their December 4th meeting. Staff recommended denial of the
request.
Summary:
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: In accordance with
the Comprehensive Land Use Plan, southern College Station has experienced a large
amount of residential development in the past decade, including the Castlegate,
Castlerock, and Edelweiss Gartens subdivisions. Much of this development can be
attributed to the development of William D. Fitch Parkway, which finished construction in
January 2006. The east side of Barron Road from William D. Fitch Parkway to Highway
6 is also expected to undergo major road improvements as a part of the City’s Capital
Improvement Program to expand to a minor arterial.
To the west of William D. Fitch, some property in the area has been amended in recent
years to reflect an increasing single family density on the plan, including the Southern
Trace subdivision to the west of the subject property, the BCS Development tract to the
east, and the developing Aspen Heights subdivisions across FM 2154, but the area has
remained largely low density.
Commercial property has been planned in southern College Station to serve the area
and region. Approximately a mile west on William D. Fitch is the already developed
Rock Prairie Business Center on Wellborn Road. About a third mile east on William D.
Fitch—at the intersection with Victoria—is approximately 40 acres planned for Regional
Retail, one acre of which is already zoned for C-3 Light Commercial. Only a mile and a
half east on William D. Fitch are the Tower Pointe and Greens Prairie Center areas that
are planned for approximately 155 acres of Regional Retail and are already zoned C-1
General Commercial. These examples do not include the properties that are planned
and zoned for office uses, of which there are several. Approximately 500 feet north,
across William D. Fitch on Barron are approximately five acres identified as
Neighborhood Retail, three of which are already zoned C-3 Neighborhood Commercial.
2. Compatibility with the remainder of the Comprehensive Plan: Neighborhood Retail
is not consistent with the current Comprehensive Plan which designates the property as
Single Family Residential Medium Density. The surrounding areas are medium to low
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density single family developments, with an existing Neighborhood Retail directly across
William D. Fitch.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map
2. Ordinance
3. Draft P&Z Minutes
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205
206
207
208
December 4, 2008 P&Z Regular Meeting Minutes Page 1 of 5
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, December 4, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Bill Davis, Noel Bauman, Paul Greer, Doug Slack, Thomas
Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: Chairman John Nichols
CITY COUNCIL MEMBERS PRESENT: John Crompton
CITY STAFF PRESENT: Staff Planner Jason Schubert, Assistant City Engineer Josh Norton,
Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, Transportation Planning
Coordinator Joe Guerra, Assistant Director of Parks and Recreation David Schmitz, Director of
Parks and Recreation Marco Cisneros, Planning Administrator Molly Hitchcock, Director Bob
Cowell, Assistant Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla
Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell
1. Call Meeting to Order.
Acting Chairman Bill Davis called the meeting to order at 7:05 p.m.
2. Hear Citizens.
Greg Taylor, 15796 IGN, stated that there is lack of meaningful public notice and
participation which is one of the reasons why Meadow Creek is causing other properties
to flood.
3. Consent Agenda.
3.1 Consideration, discussion and possible action on Absence Requests from
meetings.
· November 20, 2008 ~ Bill Davis
3.2 Consideration, discussion, and possible action to approve meeting Minutes.
· November 6, 2008 ~ Workshop
· November 6, 2008 ~ Regular
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December 4, 2008 P&Z Regular Meeting Minutes Page 2 of 5
3.3 Presentation, possible action, and discussion on a Final Plat of Hope Subdivision,
consisting one lot on 1.854 acres at 5376 Raymond Stotzer Parkway, located west
of State Highway 47 in the City's Extraterritorial Jurisdiction. Case #08-
00500187(LH)
3.4 Presentation, possible action, and discussion on a Final Plat of Phase 1A of the
Tower Point Subdivision, consisting of one lot on 1.52 acres located at the
northwest corner of the intersection of William D. Fitch Parkway and Arrington
Road. Case #08-00500292 (JS)
3.5 Presentation, possible action, and discussion regarding an ordinance to delete
Chapter 9 of the City of College Station Code of Ordinances, Subdivisions, and
amend Chapter 12 of the City of College Station Code of Ordinances, Unified
Development Ordinance (UDO), to incorporate Chapter 9 into Chapter 12 and
make procedural changes and other revisions. Case #08-00500248 (JS)
Commissioner Bauman motioned to approve Consent Agenda items 3.1-3.5.
Commissioner Stearns seconded the motion, motion passed (6-0).
Regular Agenda
4. Consideration, discussion, and possible action on items removed from the Consent
Agenda by Commission action.
No items were removed from the Consent Agenda.
5. Public hearing, presentation, possible action, and discussion on a Final Plat of Lot 11R,
Block 14, Southwood Section 25, being a replat of Lot 11, Block 14, Southwood Section
25 and 0.363 acres of the Crawford Burnett Survey, A-7, Tract 58, Acres 7.6, consisting
of one lot on 1.019 acres located at 1300 Angelina Circle. Case #08-00500291 (JS)
Jason Schubert, Staff Planner, presented the replat and recommended approval.
Acting Chairman Bill Davis opened the public hearing.
Dr. Rod O’Connor, 1300 Angelina, stated that he was available for questions.
Acting Chairman Bill Davis closed the public hearing.
Commissioner Greer motioned to approve the replat. Commissioner Woodfin
seconded the motion, motion passed (6-0).
6. Public hearing, presentation, possible action, and discussion regarding a rezoning from
A-P, Administrative Professional to R-4, Multi-family for 1.19 acres located at 2520
Crescent Pointe Parkway generally located on the south side of Crescent Pointe Parkway,
east of Copperfield Parkway. Case #08-00500295 (LK)
Lindsay Kramer, Senior Planner, presented the rezoning and recommended approval.
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December 4, 2008 P&Z Regular Meeting Minutes Page 3 of 5
Acting Chairman Bill Davis opened the public hearing.
No one spoke during the public hearing.
Acting Chairman Bill Davis closed the public hearing.
Commissioner Woodfin motioned to recommend approval of the rezoning.
Commissioner Greer seconded the motion, motion passed (6-0).
7. Public hearing, presentation, possible action, and discussion regarding an ordinance
amending Chapter 9 Subdivisions of the Code of Ordinances of the City of College
Station, Texas by amending Section 10, Park Land Dedication by amending and adding
neighborhood and community park land dedication and development fee requirements,
by changing floodplain dedication ratios; providing a severability clause; declaring a
penalty; and providing an effective date. Case #08-00500189 (MC)
Marco Cisneros, Director of Parks and Recreation, presented the revised Park Land
Dedication Ordinance and recommended approval.
There was general discussion regarding the proposed ordinance.
Acting Chairman Bill Davis opened the public hearing.
No one spoke during the public hearing.
Acting Chairman Bill Davis closed the public hearing.
Commissioner Stearns motioned to recommend approval of the revised Park Land
Dedication Ordinance. Commissioner Woodfin seconded the motion, motion passed
(6-0).
8. Public hearing, presentation, possible action, and discussion regarding a Comprehensive
Land Use Plan amendment from Single-Family Residential Medium Density to Retail
Neighborhood for 2.419 acres located at 2937 Barron Cut-Off Road, generally located at
the southwest corner of William D. Fitch Parkway and Barron Road. Case #08-00500284
(GE)
Acting Chairman Bill Davis recused himself.
Assistant Director Gabriel Elliott presented the Comprehensive Land Use Plan
Amendment and recommended denial.
Acting Chairman Noel Bauman opened the public hearing.
Ed Thomas, 14222 Buggylane, stated that he was told by Trey Fletcher at a Pre-
application meeting that Retail Neighborhood would be the appropriate land use
eventually. He said that he was told to wait 2½ years until the Comprehensive Plan was
complete, which he said he has done. He also said that two properties in the area have
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December 4, 2008 P&Z Regular Meeting Minutes Page 4 of 5
already been granted land use changes and he believes that it is ready for a light
commercial use.
Acting Chairman Noel Bauman closed the public hearing.
Commissioner Slack motioned to recommend approval of the Comprehensive Land
Use Plan Amendment. Commissioner Greer seconded the motion, motion passed (3-
2). Commissioners Stearns and Woodfin were in opposition.
Commissioner Slack commented that the property would never be developed as
residential because it is bounded by roads on all three sides.
Commissioner Greer stated that he did agree with waiting until the Comprehensive Plan
was done, but he personally would not develop the property as residential.
Commissioner Stearns said that the area is not ready for that type of development.
Commissioner Woodfin stated that it seemed inconsistent.
Acting Chairman Noel Bauman stated that the density in the area is beginning to intensify
and is only going to continue.
9. Discussion and possible action on future agenda items – A Planning and Zoning Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation
shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
None
10. Adjourn.
Commissioner Stearns motioned to adjourn the meeting. Commissioner Woodfin
seconded the motion, motioned passed (6-0).
Meeting adjourned at 8:25 p.m.
Approved:
____________________________________
John Nichols, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Brittany Caldwell, Staff Assistant
Planning and Development Services
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December 4, 2008 P&Z Regular Meeting Minutes Page 5 of 5
213
December 16, 2008
Regular Agenda Item 6
P&Z and ZBA Appointments
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding appointments
to the Planning and Zoning Commission and Zoning Board of Adjustments to fill
membership vacancies.
Recommendation(s): Appoint citizen to replace Bill Davis on the Planning and Zoning
Commission. Term expires June 2009.
Appoint citizen to replace Donald Braune on the Zoning Board of Adjustments. Term
expires June 2009. Current alternates may be considered for regular membership. If
Council designates an alternate as regular member, another citizen should be appointed as
an alternate.
Supporting Materials:
1. Applications (separate attachment)
2. Current membership lists
214
Planning and Zoning Commission
(7 members) Rotating Council Liaison Staff Liaison:
Lance Simms
Name Original
Appt.
Address Phone
John Nichols
(Chairman)
6/10
2004 1317 Angelina Court
College Station, TX
77840
693-2517 (H)
845-8491 (W)
862-3019 (F)
Paul Greer
6/10
2008 9100 Waterford
College Station 77845
696-8809 (H)
847-9359(W)
Douglas Slack
6/10
2008 2301 Ferguson Circle
College Station 77845
693-2438 (H)
845-5707 (W)
Noel Bauman
6/09
2007 1734 Purple Martin Cove
College Station 77845
575-8741 (H)
Vacancy
Hugh Stearns
6/09
2008 316 Suffolk
College Station 77840
693-1980 (H)
696-0524(W)
Thomas Woodfin
6/10
2008 3215 Innsbruck Circle
College Station 77845
485-8599 (H)
845-1079 (W)
215
Zoning Board of Adjustments
(5 members,
3 alternates)
Staff Liaison:
Lance Simms
Name Original
Appt.
Address Phone
Jay Goss, Chair
6/10
2000 306 Lee
College Station 77840
764-6950 (H)
268-4343 (W)
268-5323 (F)
Joshua Benn
6/09
2004 4420 Edinburgh
College Station 77845
690-1628 (H)
846-4726 (W)
Rodney Hill
6/10
2008 119 Lee Avenue
College Station 77840
696-9686 (H)
John Richards
6/10
2000 1210 Munson
College Station 77840
696-6095 (H)
Vacancy
Melissa Cunningham
6/10
(alternate)
2008 4417 Rocky Meadows Dr
College Station 77845
690-7860 (H)
Hunter Goodwin
06/10
(alternate)
2008 1011 Lyceum Court
College Station
268-2000 (W)
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December 16, 2008
Regular Agenda Item 7
Adopt 2009 Council Meeting Schedule
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding adoption of
2009 Council Meeting Calendar.
Summary: The schedule lists the 2nd and 4th Thursdays for 2009 Council Meeting dates.
Alternate dates are provided for City Council to choose due to schedule conflicts of Council
members.
This schedule is provided to the public on the City’s website.
Attachments:
Calendar 2009
217
Regular Item No. 7
December 16, 2008
2009 CITY COUNCIL MEETING SCHEDULE
Workshop Meetings Regular Meetings
Thursday January 8, 2009 3:00 pm Thursday January 8, 2009 7:00 pm
Thursday January 22, 2009 3:00 pm Thursday January 22, 2009 7:00 pm
Thursday February 12, 2009 3:00 pm Thursday February 12, 2009 7:00 pm
Thursday February 26, 2009 3:00 pm Thursday February 26, 2009 7:00 pm
Thursday March 12, 2009 3:00 pm Thursday March 12, 2009 7:00 pm
Thursday March 26, 2009 3:00 pm Thursday March 26, 2009 7:00 pm
Thursday April 9, 2009 3:00 pm Thursday April 9, 2009 7:00 pm
Thursday April 23, 2009 3:00 pm Thursday April 23, 2009 7:00 pm
Thursday May 14, 2009 3:00 pm Thursday, May 14, 2009 7:00 pm
(Alternate Date: Monday, May 18, 2009)
Thursday May 28, 2009 3:00 pm Thursday, May 28, 2009 7:00 pm
Thursday June 11, 2009, 3:00 pm Thursday June 11, 2009, 7:00 pm
(Alternate Date: Monday, June 15, 2009)
Thursday June 25, 2009, 3:00 pm Thursday June 25, 2009, 7:00 pm
Thursday July 9, 2009, 3:00 pm Thursday July 9, 2009, 7:00 pm
Thursday July 23, 2009, 3:00 pm Thursday July 23, 2009, 7:00 pm
Thursday August 13, 2009, 3:00 pm Thursday August 13, 2009, 7:00 pm
(Alternate Date: Monday, August 10, 2009)
Thursday August 27, 2009, 3:00 pm Thursday August 27, 2009, 7:00 pm
Thursday Sept. 10, 2009, 3:00 pm Thursday Sept. 10, 2009, 7:00 pm
Thursday Sept. 24, 2009, 3:00 pm Thursday Sept. 24, 2009, 7:00 pm
Thursday October 8, 2009, 3:00 pm Thursday, October 8, 2009, 7:00 pm
(Alternate Date: Monday, October 19, 2009)
Thursday October 22, 2009, 3:00 pm Thursday October 22, 2009, 7:00 pm
Thursday November 12, 2009, 3:00 pm Thursday Nov. 12, 2009, 7:00 pm
(Alternate Date: Monday, November 9, 2009)
Monday November 23, 2009, 3:00 pm Monday Nov. 23, 2009, 7:00 pm
Thursday December 10, 2009, 3:00 pm Thursday December 10, 2009, 7:00 pm
Conflicts:
BCS Chamber of Commerce Washington DC Trip, May 11-14
Texas Transportation Summit, Irving, TX – August 11-14
Texas Municipal League Annual Conference, Fort Worth, TX October 21-23
National League of Cities, San Antonio, TX November 10-14
77th Annual Conference of Mayors, Providence, RI – June 12-16
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