HomeMy WebLinkAbout2019-4086 - Ordinance - 03/28/2019ORDINANCE NO. 2019-4086
AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS”
SECTION 8.3 “GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF
DESIGN FOR SUBDIVISIONS WITHIN THE CITY LIMITS,” SUBSECTIONS E
‘STREETS’, G ‘BLOCKS,’ AND V ‘PRIVATE STREETS AND GATING OF
ROADWAYS,’ SECTION 8.4 “GENERAL REQUIREMENTS AND MINIMUM
STANDARDS OF DESIGN FOR SUBDIVISIONS WITHIN THE CITY OF COLLEGE
STATION EXTRATERRITORIAL JURISDICTION,” SUBSECTION C ‘STREETS,’
AND ARTICLE 11 “DEFINITIONS,” SECTION 11.2 ‘DEFINED TERMS’ OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS RELATING TO FEES IN LIEU OF SIDEWALK
CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision
Design and Improvements” Section 8.3 “General Requirements and Minimum
Standards of Design for Subdivisions within the City Limits,” Subsections E
‘Streets’, G ‘Blocks,’ And V ‘Private Streets and Gating of Roadways,’ Section
8.4 “General Requirements and Minimum Standards of Design for Subdivisions
within the City of College Station Extraterritorial Jurisdiction,” Subsection C
‘Streets,’ and Article 11 “Definitions,” Section 11.2 ‘Defined Terms,’ of the Code
of Ordinances of the City of College Station, Texas, be amended as set out in
Exhibit “A”, Exhibit “B”, Exhibit “C”, Exhibit “D”, Exhibit “E” attached
hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or
circumstances is held invalid or unconstitutional, the invalidity or
unconstitutionality does not affect other provisions or application of this
Ordinance or the Code of Ordinances of the City of College Station, Texas, that
can be given effect without the invalid or unconstitutional provision or
application, and to this end the provisions of this Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental
subdivision or agency, business trust, estate, trust, partnership, association and
any other legal entity violating any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable
by a fine of not less than twenty five dollars ($25.00) and not more than five
hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a
violation of fire safety, zoning, or public health and sanitation ordinances, other
than the dumping of refuse. Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense.
ORDINANCE NO. 2019-4086 Page 2 of 14
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station
Charter Section 35.
PASSED, ADOPTED and APPROVED this 28th day of March, 2019.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. 2019-4086 Page 3 of 14
EXHIBIT A
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.3, “General Requirements and Minimum Standards of Design for
Subdivisions within the City Limits”, Subsection E, ‘Streets’ of the Code of Ordinances of the
City of College Station, Texas, is hereby amended to read as follows:
Section 8.3. - General Requirements and Minimum Standards of Design for Subdivisions
within the City Limits.
Section 8.3. E. Streets.
1. Streets on the Thoroughfare Plan.
Where a subdivision encompasses or is adjacent to a thoroughfare, as shown on the
Thoroughfare Plan of the City, the thoroughfare shall be constructed and included in the
subdivision plat to maintain continuity in the approximate location as shown, and of the
type indicated.
2. Relation to Adjoining Street System.
a. Where there is an existing street adjacent to or through the area to be subdivided,
the necessary street intersections to the existing street shall be constructed.
b. Existing and planned streets and Public Ways in adjacent or adjoining areas shall
be continued in alignment therewith.
c. When land is subdivided into larger parcels rather than ordinary building lots, such
parcels shall be arranged so as to allow for the opening of future streets and
logical further subdivisions.
3. Street Projections.
a. When a public street is provided internal to the platting property and adjoining
areas are not platted, the platting subdivision shall provide street projections to such
areas by projecting a public street at intervals no fewer than the maximum block
length along the perimeter boundary of the subdivision.
b. Where abutting properties are landlocked, a street connection or street frontage
shall be provided through the platting property.
c. In lieu of a public street, a Public Way may satisfy a required street projection when
the Public Way is projected to future non-residential or multi-family development
and can be continued through that development to a public street.
4. Adequate Street Access.
a. One (1) external street connection is required for a street serving as roadway access
for thirty (30) or fewer lots.
b. When there are more than thirty (30) lots to be served by external street
connections, a minimum of two (2) street connections to external paved public
streets shall be required. The Commission may allow a Remote Emergency Access
where development phasing or constraints of the land prevent the provision of a
ORDINANCE NO. 2019-4086 Page 4 of 14
second street connection. Notwithstanding the foregoing, two (2) street connections
to external paved public streets shall be required when one hundred (100) or more
lots are served.
c. Three (3) street connections to external paved public streets may be required by the
Commission when two hundred (200) or more lots are served.
d. Where more than one (1) external street connection is required, at least one (1)
external street connection shall not be located over a potential hazard such as a
high-pressure gas line or a creek where the one hundred-year floodplain overtops
the street, regardless of its classification.
5. Intersections.
In addition to the B/CS Unified Design Guidelines, proposed street and alley
intersections shall meet the minimum spacing and requirements of the Access
Management and Circulation section in Article 7 General Development Standards of
this UDO.
6. Dead-End Streets.
Dead-end streets shall be prohibited except short stubs to permit future extension.
Temporary turnarounds shall be required for stubs in length of more than one hundred
(100) feet or the depth of one (1) lot, whichever is less.
7. Culs-de-Sac.
a. The maximum length of a cul-de-sac is based on the designation on the
Thoroughfare Plan Functional Classification and Context Class Map in the adopted
Comprehensive Plan in which the cul-de-sac is located. The length of a cul-de-sac
is measured along the centerline of the cul-de-sac street from the center of the bulb
to the edge of the nearest intersecting through street right-of-way. Culs-de-sac shall
not exceed the following lengths:
1) Four hundred fifty (450) feet in General Urban Context Zones;
2) One thousand two hundred (1,200) feet in Suburban Context Zones; and
3) One thousand five hundred (1,500) feet in Rural Context Zones.
b. Culs-de-sac are not permitted in the Urban Core Context Zones unless the
proposed subdivision is surrounded by platted property and where a through street
is not possible.
c. Regardless of length, culs-de-sac shall have no more than thirty (30) lots.
8. Geometric Standards, Street Design Criteria.
a. Streets and alleys shall be designed and constructed in accordance with the B/CS
Unified Design Guidelines.
b. Rural Residential subdivision streets may be constructed to either rural street
standards or urban curb and gutter standards except that thoroughfares that continue
beyond the boundary of a Rural Residential subdivision to an urban one shall be
constructed to urban curb and gutter standards.
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9. Existing Substandard Street Right-of-Way.
a. Whenever an existing right-of-way is within or adjacent to a proposed subdivision
and such right-of-way width is substandard, the additional width for the street shall
be dedicated. For development occurring on only one (1) side of such a roadway,
the amount dedicated shall generally equal one-half (½) of the deficiency in width
based on the classification and type of street, as measured from the existing
centerline of the right-of-way. If the parcel(s) on the opposite side of the right-of-
way previously dedicated a portion, the proposed plat shall dedicate the remaining
width. If the opposite side of the right-of-way has a permanent constraint such as a
railroad right-of-way or conservation easement, the full width of the deficiency
may be required.
b. The Administrator may reduce, increase, or eliminate the amount of right-of-way
dedication based on design considerations, existing land uses, existing development
on adjacent properties, and dimensions of the proposed subdivision or plat.
c. Notwithstanding the foregoing, additional right-of-way dedication is not required
for Amending Plats.
10. Street Names and Addresses.
a. Proposed streets that are extensions of existing streets shall bear the name of the
existing street, unless otherwise recommended by the Administrator.
b. New streets shall be named to prevent conflict or confusion with identical or
similar names in the City, Brazos County 911 district, or the City's Extraterritorial
Jurisdiction (ETJ).
c. Streets shall not be named after any living person.
d. A proposed street name may be disapproved if it too closely approximates
phonetically the name of an existing street, is too difficult to pronounce, or carries
undesirable meanings or connotations.
e. Street addresses shall be assigned by the Administrator.
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EXHIBIT B
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.3, “General Requirements and Minimum Standards of Design for
Subdivisions within the City Limits”, Subsection G, ‘Blocks’ of the Code of Ordinances of the
City of College Station, Texas, is hereby amended to read as follows:
Section 8.3. - General Requirements and Minimum Standards of Design for Subdivisions
within the City Limits.
Section 8.3.G. Blocks.
1. Blocks for single-family, duplex, and townhouse lots shall be platted to provide two (2)
tiers of lots with a utility easement or alley between them. A single tier of lots may be
used if the lots back up to a thoroughfare, railroad, or floodplain.
2. In order to provide a public street network that is complimentary to the Thoroughfare
Plan and that ensures uniform access and circulation to areas intended for similar land
use contexts, block length shall not exceed the following dimensions based on the
designation on the Thoroughfare Plan Functional Classification and Context Class Map
in the adopted Comprehensive Plan along which the block is located:
a. Six hundred sixty (660) feet in Urban Core Context Zones;
b. Nine hundred (900) feet in General Urban Context Zones;
c. One thousand two hundred (1,200) feet in Suburban Context Zones; and
d. One thousand five hundred (1,500) feet in Rural Context Zones.
3. If a plat is not bounded by a public through street or other qualifying break to block
length then the block length measurement shall continue to extend each way beyond the
plat along the public through street until the nearest intersecting through street or
qualifying break to the block is reached.
5. In lieu of a public street, non-residential and multi-family developments may opt to
construct a Public Way to satisfy block length requirements when the Public Way
connects two (2) public streets. The plat shall dedicate a public access easement that
covers the entire width of the private drive and sidewalks for the Public Way. The
private drive and sidewalks may be constructed with the development of the property. A
Public Way shall not substitute for a thoroughfare identified on the City's Thoroughfare
Plan.
6. Block length shall not require a new street, Public Way, or Access Way to enter the
face of a block when:
a. The surrounding area of the block is subdivided so that a through movement is not
possible or a new block cannot be created
b. The development is zoned for single family uses and is being platted through a
Development Plat or Minor Plat.
ORDINANCE NO. 2019-4086 Page 7 of 14
EXHIBIT C
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.3, “General Requirements and Minimum Standards of Design for
Subdivisions within the City Limits”, Subsection V, ‘Private Streets and Gating of Roadways’ of
the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as
follows:
Section 8.3. - General Requirements and Minimum Standards of Design for Subdivisions
within the City Limits.
Section 8.3.V Private Streets and Gating of Roadways.
1. General Requirements.
The following applies to platting of roadways:
a. Gating of a public roadway is prohibited.
b. Streets required to meet block length or street projection requirements shall not be
private or gated.
c. Private driveways are considered public roadways for the purpose of gating
requirements herein.
d. Vehicular access shall be provided on all private and public roadways at all times
for police, fire, City inspection, mail delivery, garbage pickup, dial -a-rides, utility,
school buses, and other health and safety related vehicles. Access must not require
drivers to exit their vehicle.
e. A private street may not cross an existing or proposed public thoroughfare as
shown on the City's Thoroughfare Plan. A private street may not disrupt or cross an
existing or proposed public park or pedestrian pathway as shown on the Bicycle,
Pedestrian and Greenways Master Plan.
f. The gate design and implementation shall be such that it does not pose a threat to
public health, safety and welfare as determined by the City.
g. Private streets must meet the requirements listed in Single-Family Residential
Parking Requirements for Platting.
2. Owners Association Requirements.
a. All property owners within an existing residential area that is proposed to be gated
or have private streets shall agree to become members of an operative Owners
Association.
b. The legal instrument establishing the Owners Association must provide for a street
maintenance agreement and reserve fund as well as written permission for the
City's access to the subdivision all of which must be submitted for approval by the
City Attorney prior to the submission of the final plat.
c. The City must have access to private roadways at any time without liability when
on official business. This includes permission to remove obstructions including any
gate and guard (house) upon non-compliance by the Owners Association of any
terms of this ordinance or as necessary for the emergency vehicle access. In the
ORDINANCE NO. 2019-4086 Page 8 of 14
event the City must remove obstructions to access the development, the Owners
Association will be assessed all costs substantially associated therewith.
d. In the event the City deems that substantial repairs to private street(s) within a
gated community are necessary in order to ensure safe access and passage for
emergency service vehicles, the City will notify the Owners Association and a
public hearing before the City Council will be set for input on the projected repairs.
Should the Owners Association fail to provide the satisfactory repairs deemed
necessary in a time frame set by the City at the public hearing, then the City will
make the necessary repairs and assess the Owners Association all costs borne by
the City in repair of the private street(s). Should the Owners Association fail to
reimburse the City within ninety (90) days, the Owners Association shall be subject
to lien and possibly foreclosure of all assets including but not limited to the
maintenance reserve fund.
3. Geometric Design Guidelines.
The following applies to the design of private roadways:
a. Private streets shall be constructed to public street standards but located within a
common area, private right-of-way, or private access easement.
b. The gate(s) may not be placed on a public right-of-way or easement.
c. All gate mechanical or manual operating functions shall meet Fire Department
requirements and provide passage with unobstructed vertical clearance.
d. The throat depth for a gated entry way shall meet the following requirements (Ref.
Figures 1 & 2):
1) A minimum of twenty (20) feet for one (1) residential single-family lot.
2) A minimum of sixty (60) feet for up to twenty-five (25) single-family lots.
3) A minimum of one hundred (100) feet for twenty-six (26) single-family lots or
greater.
e. Gated entry ways shall provide adequate access for pedestrians and bicycles.
f. Gated entry ways to subdivisions shall provide adequate turnaround areas for
vehicles that are denied access in order to prevent backing into a public street. (Ref.
Figures 1 & 2)
g. The gated entry way driveway pavement widths to subdivisions, for both egress
and ingress, shall be a minimum of twenty (20) feet per driveway and are required
to provide a minimum four (4) feet center median. (Ref. Figures 1 & 2)
h. The gated area shall provide a minimum unobstructed vertical clearance of
fourteen (14) feet and six (6) inches from finished roadway surface over the entire
width of the entry roadway.
i. Public safety elements and signing shall be included in the gate entry way design.
4. Converting Private Streets to Public Streets.
The following is required when converting private streets to public streets:
ORDINANCE NO. 2019-4086 Page 9 of 14
a. Upon a written request signed by duly authorized Owners Association officers and
submitted to the City Council of the City of College Station, dedication of private
streets to the public may be accomplished providing the private streets are brought
up to City standards for public streets and the City Council has agreed to accept the
streets.
b. The written request by the Owners Association officers will be accompanied by a
petition containing the signatures of the owners of one hundred (100) percent of the
existing lots in the subdivision, except when in the public interest.
c. All repairs or reconstruction of private streets to City standards must be accepted
by the City prior to conversion. All conversion dedication costs will be paid by the
Owners Association.
5. Existing Gates.
Any gate as defined by this Section existing at the time of adoption of these provisions
(Ordinance #2280) which has received an approval from either the City or the County is
deemed exempt from the requirements of this Section except when the City must
remove such gates in order to ensure the access for the immediate health, safety, and
welfare of the public. The Owners Association responsible for such gate assumes all
costs associated therewith.
ORDINANCE NO. 2019-4086 Page 10 of 14
Figure 1
Figure 2
ORDINANCE NO. 2019-4086 Page 11 of 14
EXHIBIT D
That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements,” Section 8.3, “General Requirements and Minimum Standards of Design for
Subdivisions within the City of College Station Extraterritorial Jurisdiction”, Subsection C,
‘Streets’ of the Code of Ordinances of the City of College Station, Texas, is hereby amended to
read as follows:
Section 8.4. - General Requirements and Minimum Standards of Design for Subdivisions
within the City of College Station Extraterritorial Jurisdiction.
Section 8.4.C Streets.
1. Streets on the Thoroughfare Plan.
Where a subdivision encompasses or is adjacent to a thoroughfare, as shown on the
Thoroughfare Plan of the City, the thoroughfare shall be constructed and included
in the subdivision plat to maintain continuity in the approximate location as shown.
2. Relation to Adjoining Street System.
a. Where there is an existing street adjacent to or through the area to be
subdivided, the necessary street intersections to the existing street shall be
constructed.
b. Existing and planned streets in adjacent or adjoining areas shall be continued
in alignment therewith.
c. When land is subdivided into larger parcels rather than ordinary building lots,
such parcels shall be arranged so as to allow for the opening of future streets
and logical further subdivisions.
3. Street Projections.
a. When an public street is provided internal to the platting property and
adjoining areas are not platted, the platting subdivision shall provide street
projections to such areas by projecting a public street at intervals no fewer than
the maximum block length along the perimeter boundary of the subdivision.
b. Where abutting properties are land locked, a street connection or street
frontage shall be provided through the platting property.
4. Adequate Street Access.
a. One (1) external street connection is required for a street serving as roadway
access for thirty (30) or fewer lots.
b. When there are more than thirty (30) lots to be served by external street
connections, a minimum of two (2) street connections to external paved public
streets shall be required. The Commission may allow a Remote Emergency
Access where development phasing or constraints of the land prevent the
provision of a second street connection. Notwithstanding the foregoing, two
(2) street connections to external paved public streets shall be required when
one hundred (100) or more lots are served.
ORDINANCE NO. 2019-4086 Page 12 of 14
c. Three (3) street connections to external paved public streets may be required
by the Commission when two hundred (200) or more lots are served.
d. Where more than one (1) external street connection is required, at least one (1)
external street connection shall not be located over a potential hazard such as a
high-pressure gas line or a creek where the one-hundred-year floodplain
overtops the street, regardless of its classification.
5. Intersections.
In addition to the B/CS Unified Design Guidelines, proposed street intersections
shall meet the minimum spacing and requirements of the Access Management and
Circulation section in Article 7 General Development Standards of this UDO.
6. Dead-End Streets.
Dead-end streets shall be prohibited except short stubs to permit future extension.
Temporary turnarounds shall be required for stubs in length of more than one
hundred (100) feet or the depth of one (1) lot, whichever is less.
7. Culs-de-sac.
Culs-de-sac shall not exceed seven hundred fifty (750) feet in length. The length of
a cul-de-sac is measured along the centerline of the cul-de-sac street from the
center of the bulb to the edge of the nearest intersecting through street right -of-way.
8. Geometric Standards, Street Design Criteria.
Streets shall be designed and constructed in accordance with the B/CS Unified
Design Guidelines with the following modifications:
a. Local streets shall be constructed to the rural residential street standards with a
minimum right-of-way width of seventy (70) feet; and
b. All thoroughfares, regardless of classification, shall be constructed to the rural
collector standard with a minimum right-of-way width of one hundred (100)
feet or larger if the thoroughfare classification requires additional right-of-way
width.
9. Existing Substandard Street Right-of-Way.
a. Whenever an existing right-of-way is within or adjacent to a proposed
subdivision and such right-of-way width is substandard, the additional width
for the street shall be dedicated. For development occurring on only one (1)
side of such a roadway, the amount dedicated shall generally equal one-half
(½) of the deficiency in width based on the classification and type of street, as
measured from the existing centerline of the right-of-way. If the parcel(s) on
the opposite side of the right-of-way previously dedicated a portion, the
proposed plat shall dedicate the remaining width. If the opposite side of the
right-of-way has a permanent constraint such as a railroad right-of-way or
conservation easement, the full width of the deficiency may be required.
ORDINANCE NO. 2019-4086 Page 13 of 14
b. The Administrator may reduce, increase, or eliminate the amount of right -of-
way dedication based on design considerations, existing development on
adjacent properties, and dimensions of the proposed subdivision or plat.
c. Notwithstanding the foregoing, additional right-of-way dedication is not
required for Amending Plats.
10. Street Names and Addresses.
a. Proposed streets that are extensions of existing streets shall bear the name of
the existing street, unless otherwise recommended by the Administrator.
b. New streets shall be named to prevent conflict or confusion with identical or
similar names in the City, Brazos County 911 District, or the City's
Extraterritorial Jurisdiction (ETJ).
c. Streets shall not be named after any living person.
d. A proposed street name may be disapproved if it too closely approximates
phonetically the name of an existing street, is too difficult to pronounce, or
carries undesirable meanings or connotations.
ORDINANCE NO. 2019-4086 Page 14 of 14
EXHIBIT E
That Appendix A, “Unified Development Ordinance,” Article 11, “Definitions,” Section 11.2,
“Defined Terms” of the Code of Ordinances of the City of College Station, Texas, is hereby
amended through the deletion of the following definition:
Section 11.2 ‘Defined Terms’
…
“Block Perimeter: A measurement of the linear distance of land around the outside edge of
a block, which is a total of the Blockfaces for each block. For measurement, the point of
origin and end point are the same location. Per Ordinance No. 2011-3308 (January 13,
2011)”
…